Nuclear liability and the Price--Anderson Act
The Price-Anderson Act is viewed as meeting public needs in a unique and responsible way, reflecting the far-sightedness of those involved in the early development of nuclear power who saw the importance of building safety into each step of the program. An extension of the Act is advised as a first step in recognizing that many potential and real disasters (e.g., dam breaks, floods, etc.) are man-made rather than ''Acts of God''. Rather than abolish the Price-Anderson Act because it is unique, the case is made for extending it to cover these other situations. Provisions of the Act are examined in terms of the role of negligence in nuclear accidents, and the conclusion is reached that public concern for reactor safety should not be affected. Limited assets on the part of insurers and insurance pools have made government involvement important but not a real subsidy because of high premiums. Premiums in the new amendment are paid retroactively when there is an accident, which relieves the problem of anticipating what premiums may be needed in the future. This limits government liability and, combined with the waiver of defenses against liability, offers better protection for the public. Recommendations for allowing tort law to operate above the $560 million Price-Anderson limits are criticized, and a counter proposal is made for reassessing the figure at an appropriate limit and extending insurance to competitive industries. (DCK)
- Research Organization:
- Harvard Univ., Cambridge, MA
- OSTI ID:
- 7108230
- Journal Information:
- Forum (Chicago); (United States), Journal Name: Forum (Chicago); (United States) Vol. 12:2; ISSN FRUMC
- Country of Publication:
- United States
- Language:
- English
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Legislation
& Regulation
99 GENERAL AND MISCELLANEOUS
990400 -- Law
CIVIL LIABILITY
CONTROL
DAMAGE
HAZARDS
HEALTH HAZARDS
INDUSTRY
INSURANCE
LAWS
LEGAL ASPECTS
LIABILITIES
NUCLEAR INSURANCE
POWER GENERATION
PRICE-ANDERSON ACT
PUBLIC HEALTH
QUALITY CONTROL
RADIATION PROTECTION
REGULATIONS
SAFETY
SOCIAL IMPACT
WORKING CONDITIONS