Page:United States Statutes at Large Volume 121.djvu/1763

 121 STAT. 1742

PUBLIC LAW 110–140—DEC. 19, 2007

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(G) the cost of those benefits is the obligation of the United States to contribute to the supplementary compensation fund established by the Convention; (H) any such contribution should be funded in a manner that does not— (i) upset settled expectations based on the liability regime established under the Price-Anderson Act; or (ii) shift to Federal taxpayers liability risks for nuclear incidents at foreign installations; (I) with respect to a Price-Anderson incident, funds already available under the Price-Anderson Act should be used; and (J) with respect to a nuclear incident outside the United States not covered by the Price-Anderson Act, a retrospective premium should be prorated among nuclear suppliers relieved from potential liability for which insurance is not available. (2) PURPOSE.—The purpose of this section is to allocate the contingent costs associated with participation by the United States in the international nuclear liability compensation system established by the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997— (A) with respect to a Price-Anderson incident, by using funds made available under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) to cover the contingent costs in a manner that neither increases the burdens nor decreases the benefits under section 170 of that Act; and (B) with respect to a covered incident outside the United States that is not a Price-Anderson incident, by allocating the contingent costs equitably, on the basis of risk, among the class of nuclear suppliers relieved by the Convention from the risk of potential liability resulting from any covered incident outside the United States. (b) DEFINITIONS.—In this section: (1) COMMISSION.—The term ‘‘Commission’’ means the Nuclear Regulatory Commission. (2) CONTINGENT COST.—The term ‘‘contingent cost’’ means the cost to the United States in the event of a covered incident the amount of which is equal to the amount of funds the United States is obligated to make available under paragraph 1(b) of Article III of the Convention. (3) CONVENTION.—The term ‘‘Convention’’ means the Convention on Supplementary Compensation for Nuclear Damage, done at Vienna on September 12, 1997. (4) COVERED INCIDENT.—The term ‘‘covered incident’’ means a nuclear incident the occurrence of which results in a request for funds pursuant to Article VII of the Convention. (5) COVERED INSTALLATION.—The term ‘‘covered installation’’ means a nuclear installation at which the occurrence of a nuclear incident could result in a request for funds under Article VII of the Convention. (6) COVERED PERSON.— (A) IN GENERAL.—The term ‘‘covered person’’ means— (i) a United States person; and (ii) an individual or entity (including an agency or instrumentality of a foreign country) that—

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