Price-Anderson Legislation: Hearing Before the Subcommittee on Energy Conservation and Power of the Committee on Energy and Commerce, House of Representatives, Ninety-ninth Congress, Second Session, on H.R. 2524 and H.R. 4394 ... July 17, 1986, Volume 4

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Page 78 - In determining whether an activity is abnormally dangerous, the following factors are to be considered: (a) existence of a high degree of risk of some harm to the person, land or chattels of others; (b) likelihood that the harm that results from it will be great; (c) inability to eliminate the risk by the exercise of reasonable care; (d) extent to which the activity is not a matter of common usage; (e) inappropriateness of the activity to the place where it is carried on; and (f) extent to which...
Page 65 - public liability" means any legal liability arising out of or resulting from a nuclear incident, except: (i) claims under State or Federal workmen's compensation acts of employees of persons indemnified who are employed at the site of and in connection with the activity where the nuclear incident occurs...
Page 84 - extraordinary nuclear occurrence* means any event causing a discharge or dispersal of source, special nuclear, or byproduct material from its intended place of confinement in amounts offsite, or causing radiation levels...
Page 65 - nuclear incident" means any occurrence, including an extraordinary nuclear occurrence, within the United States causing, within or outside the United States, bodily injury, sickness, disease, or death, or loss of or damage to property, or 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...
Page 65 - 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: Provided, however, That as the term is used In subsection 170 1., It shall mean any such occurrence outside of the United States rather than within the United States.
Page 195 - 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 68 - In order to protect the public and to encourage the development of the atomic energy industry, in the interest of the general welfare and of the common defense and security, the United States may make funds available for a portion of the damages suffered by the public from nuclear incidents, and may limit the liability of those persons liable for such losses.
Page 303 - ... which causes serious enough off-site damage to warrant concern about latent injuries is likely to cause more than $160 million in early damages. Since the insurers cover the "first dollar" of loss, they should expect to pay all of their $160 million in coverage very shortly after the event. Persons filing claims for latent injuries are likely to have an extremely difficult, if not impossible, task in proving the causal link between the accident and their Injury. It is highly unlikely that awards...
Page 306 - DOE shipment of nuclear materials, the costs would not be covered under the current Act. RECOMMENDATION: Any costs incurred by the public resulting from a precautionary evacuation should be explicitly covered by the Price-Anderson Act. EMERGENCY RESPONSE COSTS: An Unfair Burden For States The costs incurred by state and local governments in providing emergency response services during a nuclear accident are not specifically covered under the Price-Anderson Act. These costs could represent a significant...
Page 65 - Public Liability' also includes damage to property of persons indemnified : Provided, That such property is covered under the terms of the financial protection required, except property which is located at the site of and used in connection with the activity where the nuclear incident occurs.

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