§17373 Convention on Supplementary Compensation for Nuclear Damage Contingent Cost Allocation

Summary

Sets how the United States will pay and split costs if the U.S. must contribute money under the 1997 Vienna Convention on Supplementary Compensation for Nuclear Damage. For incidents in the United States that are covered by the Price‑Anderson Act, money available under section 2210 must be used and the public liability limit will not be reduced. For covered incidents outside the United States that are not Price‑Anderson incidents, U.S. nuclear suppliers must share the U.S. payment through a retrospective risk‑pooling program. The Secretary of Energy must make a risk‑based formula for dividing those supplier payments within 3 years after December 19, 2007, and update it every 5 years. The Secretary must also report every 5 years to the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce. When the United States is asked to pay under the Convention, the Secretary tells each supplier its deferred payment. A supplier must pay within 60 days or choose 5 equal yearly payments with interest at the prime rate. Money collected goes to the Treasury and is used to make the U.S. contribution under the Convention. The Secretary can collect needed information, help suppliers find private insurance, and try to recover unpaid amounts plus interest and a penalty up to twice the deferred payment. People harmed by a non‑Price‑Anderson covered incident may sue operators under the Convention in U.S. courts. Appeals are handled in the D.C. Circuit. Sensitive national security or restricted data need not be disclosed. The Secretary or the Nuclear Regulatory Commission can write rules to carry out these duties. Effective date: December 19, 2007. Definitions (one line each): Commission — the Nuclear Regulatory Commission. Contingent cost — the amount the U.S. must pay under Article III(1)(b) of the Convention. Convention — the 1997 Vienna Convention on Supplementary Compensation for Nuclear Damage. Covered incident — a nuclear incident that triggers a request for Convention funds under Article VII. Covered person — a U.S. person or an entity in or doing work in the U.S., but not the U.S. government. Nuclear supplier — a covered person who supplies goods, services, technology, or transports nuclear material related to a covered installation. Price‑Anderson incident — a covered incident for which section 2210 would provide funds. Secretary — the Secretary of Energy. United States — includes the 50 states, Puerto Rico, other U.S. territories and possessions, the Canal Zone, and the U.S. territorial sea waters under Proclamation 5928. United States person — a U.S. resident, national, or citizen, or a business organized under U.S. law.