Page:United States Statutes at Large Volume 102 Part 2.djvu/74

 102 STAT. 1078

PUBLIC LAW 100-408—AUG. 20, 1988

"(i) that such costs are reasonable and equitable; and "(ii) that such person has— "(I) litigated in good faith; "(II) avoided unnecessary duplication of effort with that of other parties similarly situated; "(III) not made frivolous claims or defenses; and "(IV) not attempted to unreasonably delay the prompt settlement or adjudication of such claims.". (2) DEFINITION OF LEGAL COSTS.—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: "jj. LEGAL COSTS.—As used in section 170, the term 'legal costs* means the costs incurred by a plaintiff or a defendant in initiating, prosecuting, investigating, settling, or defending claims or suits for damage arising under such section.". SEC. 12. REPORTS TO CONGRESS BY NUCLEAR REGULATORY COMMISSION AND DEPARTMENT OF ENERGY.

Section 170 p. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(p)) is amended— (1) by inserting "(1)" after the subsection designation; (2) by striking "shall submit to the Congress by August 1, 1983, a detailed report", and inserting the following: "and the Secretary shall submit to the Congress by August 1, 1998, detailed reports"; and (3) by adding at the end the following new paragraph: "(2) Not later than April 1 of each year, the Commission and the Secretary shall each submit an annual report to the Congress setting forth the activities under this section during the preceding calendar year.". SEC. 13. LIABILITY OF LESSORS.

Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210), as previously amended by this Act, is further amended by adding at the end the following new subsection: "r. LIMITATION ON LIABILITY OF LESSORS.—No person under a bona fide lease of any utilization or production facility (or part thereof or undivided interest therein) shall be liable by reason of an interest as lessor of such production or utilization facility, for any legal liability arising out of or resulting from a nuclear incident resulting from such ^cility, unless such facility is in the actual possession and control of such person at the time of the nuclear incident giving rise to such legal liability.". SEC. 14. PUNITIVE DAMAGES.

Courts, U.S.

Section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210), as previously amended by this Act, is further amended by adding at the end the following new subsection: "s. LIMITATION ON PUNITIVE DAMAGES.—NO court may award punitive damages in any action with respect to a nuclear incident or precautionary evacuation against a person on behalf of whom the United States is obligated to make payments under an agreement of indemnification covering such incident or evacuation.".

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