Page:United States Statutes at Large Volume 121.djvu/1765

 121 STAT. 1744

a Price-Anderson incident shall be used to satisfy public liability resulting from the Price-Anderson incident. (2) AMOUNT.—The amount of public liability allowable under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210) relating to a Price-Anderson incident under paragraph (1) shall be increased by an amount equal to the difference between— (A) the amount of funds made available for the PriceAnderson incident under Article VII of the Convention; and (B) the amount of funds used under subsection (c) to cover the contingent cost resulting from the Price-Anderson incident. (e) RETROSPECTIVE RISK POOLING PROGRAM.— (1) IN GENERAL.—Except as provided under paragraph (2), each nuclear supplier shall participate in a retrospective risk pooling program in accordance with this section to cover the contingent cost resulting from a covered incident outside the United States that is not a Price-Anderson incident. (2) DEFERRED PAYMENT.— (A) IN GENERAL.—The obligation of a nuclear supplier to participate in the retrospective risk pooling program shall be deferred until the United States is called on to provide funds pursuant to Article VII of the Convention with respect to a covered incident that is not a PriceAnderson incident. (B) AMOUNT OF DEFERRED PAYMENT.—The amount of a deferred payment of a nuclear supplier under subparagraph (A) shall be based on the risk-informed assessment formula determined under subparagraph (C). (C) RISK-INFORMED ASSESSMENT FORMULA.— (i) IN GENERAL.—Not later than 3 years after the date of the enactment of this Act, and every 5 years thereafter, the Secretary shall, by regulation, determine the risk-informed assessment formula for the allocation among nuclear suppliers of the contingent cost resulting from a covered incident that is not a Price-Anderson incident, taking into account risk factors such as— (I) the nature and intended purpose of the goods and services supplied by each nuclear supplier to each covered installation outside the United States; (II) the quantity of the goods and services supplied by each nuclear supplier to each covered installation outside the United States; (III) the hazards associated with the supplied goods and services if the goods and services fail to achieve the intended purposes; (IV) the hazards associated with the covered installation outside the United States to which the goods and services are supplied; (V) the legal, regulatory, and financial infrastructure associated with the covered installation outside the United States to which the goods and services are supplied; and

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