Amendments to the Price-Anderson Act of 1954: Hearing Before the Subcommittee on Energy and the Environment of the Committee on Interior and Insular Affairs, House of Representatives, Ninety-eighth Congress, Second Session, on H.R. 421 ... H.R. 3277 ... and the Nuclear Regulatory Commission and the Department of Energy Reports on the Price-Anderson Act of 1954, Hearing Held in Washington, DC, June 11, 1984U.S. Government Printing Office, 1984 - 752 pages |
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Page 19
... Court's decision in the Silkwood v . Kerr - McGee case . In that decision the Supreme Court held that the Atomic Energy Act does not generally preempt a State from providing tort reme- dies for persons injured by nuclear incidents ...
... Court's decision in the Silkwood v . Kerr - McGee case . In that decision the Supreme Court held that the Atomic Energy Act does not generally preempt a State from providing tort reme- dies for persons injured by nuclear incidents ...
Page 21
... courts expect the Commission to serve as a kind of technical court in such matters and in this case , of course , Con- gress will have to serve as a technical judge in trying to establish some sort of floor for the waiver of defenses ...
... courts expect the Commission to serve as a kind of technical court in such matters and in this case , of course , Con- gress will have to serve as a technical judge in trying to establish some sort of floor for the waiver of defenses ...
Page 25
... something like that through the court ? I am not an attorney , but I think that would be something which would obviously impede the effective- ness of any type of insurance programming . I think it is a major problem , Mr. Palladino 25.
... something like that through the court ? I am not an attorney , but I think that would be something which would obviously impede the effective- ness of any type of insurance programming . I think it is a major problem , Mr. Palladino 25.
Page 26
... court decisions , is that ac- curate ? Do you believe that was the initial intent of it ? Mr. PALLADINO . I cannot ... courts , and that the Commission determination would stand . Mr. ASSELSTINE . But if an ENO is not declared the ...
... court decisions , is that ac- curate ? Do you believe that was the initial intent of it ? Mr. PALLADINO . I cannot ... courts , and that the Commission determination would stand . Mr. ASSELSTINE . But if an ENO is not declared the ...
Page 47
... court could order evacuation . Now , of course , if there is no coverage under Price - Anderson , they could not , but just a wholesaling of saying if the State wants to put into effect an evacuation plan for whatever reason , you know ...
... court could order evacuation . Now , of course , if there is no coverage under Price - Anderson , they could not , but just a wholesaling of saying if the State wants to put into effect an evacuation plan for whatever reason , you know ...
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Common terms and phrases
$10 million amended amount apply assessments Atomic Energy Act cancer carcinogenic caused CHAIRMAN claimant Committee compensation Congress contractors Convention costs court coverage dose eliminate estimates exposure extend extraordinary nuclear occurrence facilities factors Federal Government financial protection funds government indemnity incident increase indemnification indemnity agreement injury insurance industry issue legislation liability insurance licensed limitation on liability loss LUJAN Mutual Insurance Company negligence NRC Report nuclear accident nuclear damage nuclear energy nuclear industry nuclear insurance nuclear liability nuclear plant nuclear power plants Nuclear Regulatory Commission nuclear risk nuclear waste occur operator PALLADINO payment PC formula person plaintiff pools potential Price-Anderson Act private insurance probability of causation problem property insurance proposal public liability claims question radiation radioactive reactor result retrospective premium safety SCHMALZ SEIBERLING statute of limitations strict liability substantial supra note Three Mile Island tion tort utility victims waiver of defenses WIPP
Popular passages
Page 277 - And a statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law.
Page 170 - Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation...
Page 279 - Government while acting within the scope of his office or employment, unless the claimant shall have first presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency in writing and sent by certified or registered mail.
Page 219 - States that, subject at all times to the paramount objective of assuring the common defense and security, the development and utilization of atomic energy shall, so far as practicable, be directed toward improving the public welfare, increasing the standard of living, strengthening free competition in private enterprise, and promoting world peace.
Page 170 - The United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgment or for punitive damages.
Page 273 - There must be reasonable evidence of negligence ; but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen if those who have the management use the proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 256 - ... in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if...
Page 538 - 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 262 - Rule provides that [i]f scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue...
Page 716 - ... board of such vessel, or for any loss, damage or injury by collision, or 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 in such vessel and her freight then pending.