September 2, 1957
-3-
Pub. Law 85-256
71 Stat. 579.
financial protection required of the licensee or contractor. The Application Commission or any person indemnified may apply to the appro- to U.S. distriot priate district court of the United States having venue in bank- court. ruptcy matters over the location of the nuclear incident, and upon a showing that the public liability from a single nuclear incident will probably exceed the limit of liability imposed by this section, shall be entitled to such orders as may be appropriate for enforcement of the provisions of this section, including an der limiting the liability of the persons indemnified, orders ying the payment of claims and the execution of court judg nients, orders apportioning the payments to be made to claim- ants, orders permitting partial payments to be made before final determination of the total claims, and an order setting aside a part of the funds available for possible latent injuries not dis- covered until a later time.
"f. The Commission is authorized to collect a fee from all per- Collection sons with whom an indemnification agreement is executed under of fee. this section. This fee shall be $30 per year per thousand kilo-
watts of thermal energy capacity for facilities licensed under sec-
tion 103. For facilities licensed under section 104, and for con- 42 USC 2133, struction permits under section 185, the Commission is authorized 2134,2235. to reduce the fee set forth above. The Commission shall estab- lish criteria in writing for determination of the fee for facilities. licensed under section 104, taking into consideration such factors as (1) the type, size, and location of facility involved, and other factors pertaining to the hazard, and (2) the nature and pur- pose of the facility. For other licenses, the Commission shall collect such nominal fees as it deems appropriate. No fee under this subsection shall be less than $100 per year.
"g. In administering the provisions of this section, the Com- Private insur- mission shall use, to the maximum extent practicable, the facil- anoe organiza- ities and services of private insurance organizations, and the tions. Commission may contract to pay a reasonable compensation for Use of serv- such services. Any contract made under the provisions of this subsection may be made without regard to the provisions of section 3709 of the Revised Statutes, as amended, upon a showing 41 USC 5. by the Commission that advertising is not reasonably practicable
and advance payments may be made.
100s.
"h. The agreement of indemnification may contain such terms Terms of settle- as the Commission deems appropriate to carry out the purposes ment.
of this section. Such agreement shall provide that, when the Commission makes a determination that the United States will probably be required to make indemnity payments under this section, the Commission shall collaborate with any person indem- nified and may approve the payment of any claim under the agreement of indemnification, appear through the Attorney Gen- eral on behalf of the person indemnified, take charge of such action, and settle or defend any such action. The Commission shall have final authority on behalf of the United States to settle or approve the settlement of any such claim on a fair and reas onable basis with due regard for the purposes of this Act. Such settlement may include reasonable expenses in connection with the claim incurred by the person indemnified.
"i. After any nuclear incident which will probably require Survey of payments by the United States under this section, the Commis- oauses. sion shall make a survey of the causes and extent of damage which shall forthwith be reported to the Joint Committee, and,
except as forbidden by the provisions of chapter 12 of this Act 68 Stat. 940. or any other law or Executive order, all final findings shall be 42 USC 2161.