Legislative Inquiry on the Price-Anderson Act

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U.S. Government Printing Office, 1986 - Liability for nuclear damages - 427 pages
 

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Page 406 - No owner of any vessel shall be liable to answer for or make good to any person any loss or damage which may happen to any merchandise whatsoever, which shall be shipped, taken in, or put on board any such vessel, by reason or by means of any fire happening to or on board the vessel, unless such fire is caused by the design or neglect of such owner.
Page 406 - ... for any act, matter or thing, loss, damage or forfeiture, done, occasioned or incurred, without the privity or knowledge of such owner or owners, shall in no case exceed the amount or value of the interest of such owner or owners respectively, in such ship or vessel, and her freight then pending.
Page 184 - ... b. the development, use, and control of atomic energy shall be directed so as to promote world peace, improve the general welfare, increase the standard of living, and strengthen free competition in private enterprise.
Page 180 - States on behalf of the licensee or other person indemnified, take charge of such action and settle or defend any such action. If the settlement or defense of any such action or claim is undertaken by the Commission, the licensee shall furnish all reasonable assistance in effecting a settlement or asserting a defense.
Page 397 - ... conduct of the claimant or fault of persons indemnified, (ii) any issue or defense as to charitable or governmental immunity, and (iii) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his injury or damage and the cause thereof, but in no event more than ten years after the date of the nuclear incident.
Page 201 - That in the event of a nuclear incident involving damages in excess of that amount of aggregate liability, the Congress will thoroughly review the particular incident and will take whatever action is deemed necessary and appropriate to protect the public from the consequences of a disaster of such magnitude...
Page 229 - no-fault" provisions are often used by supporters of Price-Anderson to demonstrate the "public benefits" of the system. The implication is that the nuclear industry has agreed to give something up in exchange for the public accepting a limit on the industry's liability. A closer look at the ENO provisions shows that the industry has very generously given up something it is not likely to have in the first place. After a nuclear accident, the NRC (or DOE) is required to determine whether the event...
Page 224 - ... at fault. After the accident at Three Mile Island, General Public Utilities filed a $4 billion lawsuit against Babcock & Wilcox for expenses incurred by the utility. Despite its vulnerability to similar lawsuits in the future, B&W continues to be an active supplier in the nuclear industry. As we have seen more recently, a manufacturer or architect-engineer need not even cause an accident to be sued for billions of dollars. Houston Lighting & Power, along with several other owners of the South...
Page 232 - ... compensation pool. Because this loophole pays the industry lawyers out of the public compensation pool, they will have no incentive to limit legal costs; in fact they will have good reason to resist claims and delay settlement. These legal expenses could substantially reduce the amount of compensation available to the public. Although it is impossible to predict ahead of time just how high these costs might be, the response of the insurance industry is very revealing. Unlike standard insurance...
Page 265 - nuclear incident' means any occurrence within the United States causing bodily injury, sickness, disease, or death, or loss of or damage to property, or for loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material...

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