•AUNEX.C.
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Public Law 89-210
89th Congress, S. 2042
September 29, 1965
An Act
To amend section 170 of the Atomic Energy Act of 1954, as amended.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection 170 Atomic Energy c. of the Atomic Energy Act of 1954, as amended, is amended to read Act of 1954,
s follows:
amendment.
42 USC 2210.
demnity.
"c. The Commission shall, with respect to licenses issued 71 Stat. 577. between August 30, 1954, and August 1, 1977, for which it requires financial protection, agree to indemnify and hold harmless the Aggregate in- 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 79 STAT. 855. exceed $500,000,000 including the reasonable costs of investi- 79 STAT. 856. gating 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."
SEC. 2. The first two sentences of subsection 170 d. of the Atomic Energy Act of 1954, as amended, are amended to read as follows:
"In addition to any other authority the Commission may have, Indemnification the Commission is authorized until August 1, 1977, to enter into agreements. agreements of indemnification with its contractors for the con- struction 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 substan- tial 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 activ- ity, 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 investi- gating 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:
1
76 Stat. 410,
"The aggregate liability for a single nuclear incident of per- Aggregate li- sons indemnified, including the reasonable costs of investigating abilities. and settling claims and defending suits for damage, shall not exceed the sum of $500,000,000 together with the amount of finan- cial protection required of the licensee or contractor: Provided. however, That such aggregate liability shall in no event exceed