Up & Atom

A recent decision by the US Court of Appeals for the Federal Circuit reinstated claims seeking indemnification under the Price-Anderson Act. In reversing a decision by the US Court of Federal Claims, the Federal Circuit affirmed the broad scope of the Price-Anderson Act’s contractual indemnity provision. In particular, the Federal Circuit found that the Price-Anderson Act requires the government to indemnify more entities than just those that directly contracted with the government. Instead, the statutory language contemplates indemnity to “any other person who may be liable for public liability.”

On December 17, the NRC published a report to Congress on the continuing need for and any potential modifications to the Price-Anderson Act (PAA). The NRC was required to submit the report, “Public Liability Insurance and Indemnity Requirements for an Evolving Commercial Nuclear Industry,” by the end of 2021.

The US Department of Energy (DOE) is seeking public comment on the need to continue or modify the portion of the Price-Anderson Act that it administers, as it prepares a report to Congress. The Price-Anderson Amendments Act of 2005 (codified at 42 USC 2210(p)) requires DOE to submit this report to Congress by the end of December of this year. The deadline to submit comments is August 25, 2021.