Page:United States Statutes at Large Volume 102 Part 2.djvu/72

 102 STAT. 1076

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PUBLIC LAW 100-408—AUG. 20, 1988 under section 53, 63, or 81, for which the Commission has imposed as a condition of the license a requirement that the licensee have and maintain financial protection under subsection a., "(E) arises out of, results from, or occurs in the course of, transportation of source material, byproduct material, or special nuclear material to or from any facility licensed under section 53, 63, or 81, for which the Commission has imposed as a condition of the license a requirement that the licensee have and maintain financial protection under subsection a., or "(F) arises out of, results from, or occurs in the course of nuclear waste activities.".

SEC. 11. JUDICIAL REVIEW OF CLAIMS ARISING OUT OF A NUCLEAR INCIDENT.

(a) CONSOLIDATION OP (DLAIMS.—Section 170 n. (2) of the Atomic

Energy Act of 1954 (42 U.S.C. 2210(n)(2)) is amended— (1) in the first sentence— (A) by striking "an extraordinary nuclear occurrence" each place it appears and inserting "a nuclear incident"; (B) by striking "the extraordinary nuclear occurrence" each place it appears and inserting "the nuclear incident"; (2) in the second sentence, by inserting after "court" the first place it appears the following: "(including any such action pending on the date of the enactment of the Price-Anderson Amendments Act of 1988)"; and (3) by adding at the end the following new sentence: "In any action that is or becomes removable pursuant to this paragraph, a petition for removal shall be filed within the period provided in section 1446 of title 28, United States Code, or within the 30-day period beginning on the date of the enactment of the Price-Anderson Amendments Act of 1988, whichever occurs later.". (b) DEFINITION OP PUBLIC LIABILITY ACTION.—Section 11 of the

Atomic Energy Act of 1954 (42 U.S.C. 2014), as previously amended by this Act, is further amended by adding at the end the following new subsection: "hh. The term 'public liability action', as used in section 170, means any suit asserting public liability. A public liability action shall be deemed to be an action arising under section 170, and the substantive rules for decision in such action shall be derived from the law of the State in which the nuclear incident involved occurs, unless such law is inconsistent with the provisions of such section.". Courts, U.S.

(c) SPECIAL CASELOAD MANAGEMENT PANEL.—Section 170 n. of the

Atomic Energy Act of 1954 (42 U.S.C. 2210(n)) is amended by adding at the end the following new paragraph: "(3)(A) Following any nuclear incident, the chief judge of the United States district court having jurisdiction under paragraph (2) with respect to public liability actions (or the judicial council of the judicial circuit in which the nuclear incident occurs) may appoint a special caseload management panel (in this paragraph referred to as the 'management panel') to coordinate and assign (but not necessarily hear themselves) cases arising out of the nuclear incident, if— "(i) a court, actii^ pursuant to subsection o., determines that the aggr^ate amount of public liability is likely to exceed the

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