Nuclear Liability

1. Price-Anderson Act (PAA)

GC-52 provides legal advice to DOE regarding issues arising under the PAA, which governs nuclear liability in the United States and establishes a system of financial protection for persons who may be liable for and persons who may be injured by a nuclear incident. GC-52 is also responsible for developing regulations implementing any amendments to the PAA. As necessary, GC-52 attorneys coordinate with other US and international agencies.

Applicable Laws

• Atomic Energy Act of 1954, Section 170
• Report to Congress on the Price-Anderson Act

2. Extraordinary Contractual Relief for Nuclear Risks

GC-52 advises DOE on providing indemnification under Public Law 85-804 for DOE and National Nuclear Security Administration (NNSA) contractors for unusually hazardous or nuclear risks resulting from activities that facilitate the national defense and relate to nonproliferation, weapons reduction, emergency response, anti-terrorism or other such national security activities.

Applicable Laws

• 50 U.S.C. 1431 et seq. 

Guidance

• Acquisition Guide Chapter 50.1- Extraordinary Contractual Actions (January 2009)

3. Convention on Supplementary Compensation for Nuclear Damage (CSC)

GC-52 provides legal advice to DOE, in general, on nuclear liability issues arising outside the United States, and, in particular, on the CSC. The CSC is an international treaty designed to assure prompt and equitable compensation for nuclear damage in the unlikely event of a nuclear incident and to minimize litigation through clear rules as to where and how legal claims arising from a nuclear incident would be addressed.

Section 934 of the Energy Independence and Security Act of 2007 addresses how the United States government will meet its obligation under the CSC to contribute to an international fund in the event of certain nuclear incidents. Section 934 provides for a retrospective risk pooling program and requires that the Secretary of Energy determine by regulation the risk-informed assessment formula for allocation among nuclear suppliers of costs resulting from a covered incident that is not a PAA incident. GC-52 is responsible for developing and administering the regulations.

Applicable Laws

• Energy Independence and Security Act of 2007 (EISA), section 934

Further Information

• Convention on Supplementary Compensation for Nuclear Damage (CSC)
• Explanatory Texts for the 1997 Vienna Convention on Civil Liability for Nuclear Damage and the 1997
• The Compensation Convention: Path To A Global Regime for Dealing With Legal Liability And Compensation For Nuclear Damage (Ben McRae, 61 Nuclear Law Bulletin 25 (1998))
• The Convention on Supplementary Compensation for Nuclear Damage: Catalyst for a Global Nuclear Liability Regime (Ben McRae, 79 Nuclear Law Bulletin 17 (2007))