Public Law 89–210

That subsection 170

Atomic Energy Act of 1954, amendment.

71 Stat. 577.

42 USC 2210.

Aggregate indemnity.

c. of the Atomic Energy Act of 1954, as amended, is amended to read as follows:

“c.

The Commission shall, with respect to licenses issued between August 30, 1954, and August 1, 1977, for which it requires financial protection, agree to indemnify and hold harmless the licensee and other persons indemnified, as their interest may appear, from public liability arising from nuclear incidents which is in excess of the level of financial protection required of the licensee. The aggregate indemnity for all persons indemnified in connection with each nuclear incident shall not exceed $500,000,000 including the reasonable costs of investigating and settling claims and defending suits for damage: Provided, however, That this amount of indemnity shall be reduced by the amount that the financial protection required shall exceed $60,000,000. Such a contract of indemnification shall cover public liability arising out of or in connection with the licensed activity. With respect to any production or utilization facility for which a construction permit is issued between August 30, 1954, and August 1, 1977, the requirements of this subsection shall apply to any license issued for such facility subsequent to August 1, 1977.”

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Sec. 2.

The first two sentences pf subsection 170 d. of the Atomic Energy Act of 1954, as amended, are amended to read as follows:

Indemnification agreements.

“In addition to any other authority the Commission may have, the Commission is authorized until August 1, 1977, to enter into agreements of indemnification with its contractors for the construction or operation of production or utilization facilities or other activities under contracts for the benefit of the United States involving activities under the risk of public liability for a substantial nuclear incident. In such agreements of indemnification the Commission may require its contractor to provide and maintain financial protection of such a type and in such amounts as the Commission shall determine to be appropriate to cover public liability arising out of or in connection with the contractual activity and shall indemnify the persons indemnified against such claims above the amount of the financial protection required, in the amount of $500,000,000, including the reasonable costs of investigating and settling claims and defending suits for damage in the aggregate for all persons indemnified in connection with such contract and for each nuclear incident: Provided, That this amount of indemnity shall be reduced by the amount that the financial protection required shall exceed $60,000,000: Provided further, That in the case of nuclear incidents occurring outside the United States, the amount of the indemnity provided by the Commission shall not exceed $100,000,000.”

Sec. 3.

The first sentence of subsection 170 e. of the Atomic Energy Act of 1954, as amended, is amended to read as follows:

“The aggregate liability for a single nuclear incident of persons indemnified, including the reasonable costs of investigating and settling claims and defending suits for damage, shall not. exceed the sum of $500,000,000 together with the amount of financial protection required of the licensee or contractor: Provided, however, That such aggregate liability shall in no event exceed the sum of $560,000,000: Provided further, That with respect to any nuclear incident occurring outside of the United States to which an agreement of indemnification entered into under the provisions of subsection 170 d. is applicable, such aggregate liability shall not exceed the amount of $100,000,000 together with the amount of financial protection required of the contractor.”

Sec. 4.

Subsection 170 k. of the Atomic Energy Act of 1954, as amended, is amended by striking out the date “August 1, 1967” wherever it appears and inserting in lieu thereof the date “August 1, 1977”.

Sec. 5.

Subsection 170 l. of the Atomic Energy Act of 1954, as amended, is amended to read as follows:

“1.

The Commission is authorized until August 1, 1977, to enter into an agreement of indemnification with any person engaged in the design, development, construction, operation, repair, and maintenance or use of the nuclear-powered ship authorized by section

70 Stat. 731.

46 USC 1206.

716 of the Merchant Marine Act, 1936, and designated the ‘nuclear ship Savannah’. In any such agreement of indemnification the Commission may require such person to provide and maintain financial protection of such a type and in such amounts as the Commission shall determine to be appropriate to cover public liability arising from a nuclear incident in connection with such design, development, construction, operation, repair, maintenance or use and shall indemnify the person indemnified against such claims above the amount of the financial protection required, in the amount of $500,000,000 including the reasonable costs of investigating and settling claims and defending suits for damage in the aggregate for all persons indemnified in connection with each nuclear incident: Provided, That this amount of indemnity shall be reduced by the amount that the financial protection required shall exceed $60,000,000.”

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