year period to continue the existence of such advisory board thereafter. For the purpose of these regulations, the date of formation of an advisory board in existence on February 28, 1962, shall be deemed to be July 1, 1960, or the actual date of its formation, whichever is later. § 7.10

Industry advisory committees.

(a) Each industry advisory committee shall be reasonably representative of the group of industries, the single industry, or the geographical, service, or product segment thereof to which it relates, taking into account the size and function of business enterprises in the industry or industries, and their location, affiliation, and competitive status, among other factors. Selection of industry members shall, unless otherwise provided by statute, be limited to individuals actively engaged in operations in the particular industry, industries, or segments concerned, except where the Commission, the General Manager or Director of Regulation, as the case may be, deems such limitations would interfere with effective committee operation.

(b) A verbatim transcript shall be kept of all proceedings at each meeting of an industry advisory committee, including the names of all persons present, their affiliation, and the capacity in which they attend: Provided, That where the Commission, the General Manager or the Director of Regulation, as the case may be, formally determines that a verbatim transcript would interfere with the proper functioning of such a committee or would be impracticable, and that waiver of the requirement of a verbatim transcript is in the public interest, the Commission, the General Manager or the Director of Regulation, as the case may be, may authorize in lieu thereof the keeping of minutes which shall, as a minimum, contain a record of persons present, a description of matters discussed and conclusions reached, and copies of all reports received; issued, or approved by the committee. The accuracy of all minutes shall be certified to by a full-time salaried officer or employee of the Government present during the proceedings recorded.

(c) Industry advisory committees shall not be permitted to receive, compile, or discuss data or reports showing the current or projected commercial operations of identified business enterprises.

§ 7.11

Annual publication of list of advisory boards; availability of advisory board records and files to the Attorney General.

(a) The Commission shall publish in its annual report, or otherwise publish annually, a list of such advisory boards, including the names and affiliations of their members, a description of the function of each advisory board and a statement of the dates of its meetings: Provided, That the Commission may waive this requirement where the Commission determines that such annual publication would be unduly costly or impracticable, but shall make such information available, upon request, to the Congress, the President, or the Attorney General.

(b) A copy of each such report shall be furnished to the Attorney General, and all records and files of advisory boards, including agenda, transcripts or notes of meetings, studies, analyses, reports or other data compilations or working papers, made available to or prepared by or for any such advisory board, shall be made available, upon request by the Attorney General, to his duly authorized representatives, subject to such security restrictions as may be properly imposed on the materials involved.

Sec.

PART 8-INTERPRETATIONS

8.1 Interpretation of section 152 of the Atomic Energy Act of 1954; opinion of the General Counsel.

8.2 Interpretation of Price-Anderson Act, section 170 of the Atomic Energy Act of 1954.

8.3 Interpretation by the General Counsel of § 2.710 of this chapter, Computation of time.

§ 8.1 Interpretation of section 152 of the Atomic Energy Act of 1954; opinion of the General Counsel.

(a) Inquiries have been received as to the applicability of the provisions of section 152 of the Atomic Energy Act of 1954 (68 Stat. 944) to inventions or discoveries made or conceived in the course of activities under licenses issued by the Atomic Energy Commission.

(b) In my [General Counsel, U.S. Atomic Energy Commission] opinion a license issued by the Atomic Energy Commission is not a "contract, subcontract, arrangement or other relationship with the Commission" as those terms are used in section 152 of the act. Hence, the

mere fact that an invention or discovery is made by a licensee in the course of activities authorized by a license would not give the Commission rights under section 152 with respect to such invention or discovery. On the other hand, if a licensee has entered into a "contract, subcontract, arrangement or other relationship with the Commission," inventions or discoveries made or conceived by the licensee under the contract or other relationship would come within the purview of section 152.

(c) As used in this section, "license" means a license issued pursuant to Chapter 6 (Special Nuclear Material), 7 (Source Material), 8 (Byproduct Material) or 10 (Atomic Energy Licenses) of the Atomic Energy Act of 1954, or a construction permit issued pursuant to section 185 of the act.

(Secs. 152, 161, 68 Stat. 944, 948, as amended; 42 U.S.C. 2182, 2201) [21 F.R. 1414, Mar. 3, 1956]

§ 8.2 Interpretation of Price-Anderson Act, section 170 of the Atomic Energy Act of 1954.

(a) It is my opinion that an indemnity agreement entered into by the Atomic Energy Commission under the authority of the Atomic Energy Act of 1954 (42 U.S.C. § 2011, et seq.), hereafter cited as "the Act," as amended by Public Law 85-256 (the "Price-Anderson Act") 42 U.S.C. 2210) indemnifies persons indemnified against public liability for bodily injury, sickness, disease or death, or loss of or damage to property, or for loss of use of property caused outside the United States by a nuclear incident occurring within the United States.

(b) Section 170 authorizes the Commission to indemnify against "public liability" as defined in section 11(u) of the Act.1

Coverage under the Act there

1 SEC. 11u. "The term 'public liability' means any legal liability arising out of or resulting from a nuclear incident, except claims under State or Federal Workmen's Compensation Acts of employees of persons indemnified who are employed at the site of and in connection with the activity where the nuclear incident occurs, and except for claims arising out of an act of war. 'Public Liability' also includes damage to property of persons indemnified: Provided, That such property is covered under the terms of the financial protection required, except property which is located at the site of and used in connection with the activity where the nuclear incident occurs."

fore is predicated upon "public liability," and requires (1) "legal liability” for (2) a "nuclear incident." Determination of the Act's coverage, therefore, necessitates a finding that these two elements are present.

(c) In the case of damage outside of the United States caused by a nuclear facility based in the United States there would be a "nuclear incident" as defined in section 11(o) since there would be an "occurrence within the United States causing * damage.": The "occurrence would be "within the United States" since "occurrence" is intended by the Act to be "that event at the site of the licensed activity * * which may

**

*

cause damage rather than the site where the damage may perhaps be caused." S. Rep. 296, 85th Cong., 1st Sess., p. 16 1957) (hereafter cited as Report). In Section 11(o) an "occurrence" is that which causes damage. It would be, therefore, an event taking place at the site. This definition of "occurrence" is referred to in the Report at page 22 and is crucial to the Act's placing of venue under section 170(e). In its definition of "nuclear incident," the Act makes no limitation upon the place where the damage is received but states only that the "occurrence" must be within the United States.

(d) Similarly, the requirement of "legal liability" would be met. The words of the Act impose no limitation that the liability be one for damage caused in the United States but, on the contrary, are exceedingly broad permitting indemnification for "any legal liability." In the most exhausive study of the subject, it is stated that the phrase "any legal liability" indicates that liability for dam

(e) Thus the precise language of the Act provides coverage for damage ensuing both within and without the United States arising out of an Occurrence within the United States. There would be no occasion for doubt were it not for a single statement contained in the Report of the Joint Committee on Atomic Energy on the Price-Anderson Act. The Report states, at p. 16 that "[i]f there is anything from a nuclear incident at the licensed activity which causes injury abroad, or if there is any activity abroad which causes further injury in the United States the situation will require further investigation at that time." This sentence follows an explicit and lengthy statement that the "occurrence" is an event at the site of the activity:

* The occurrence which is the subject of this definition is that event at the site of the licensed activity, or activity for which the Commission has entered into a contract, which may cause damage, rather than the site where the damage may perhaps be caused. This site must be within the United States. The suggested exclusion of facilities under license for export was not accepted. This is because the definition of "nuclear incident" limits the occurrence causing damage to one within the United States. It does not matter what license may be applicable if the occurrence is within the United States. If there is anything from a nuclear incident at the licensed activity which causes injury abroad or if there is any activity abroad which causes further injury in the United States the situation will require further investigation by the Congress at that time *

Read literally, the last sentence would seem inconsistent with the preceding statement. It is, however, possible to read the sentence as consistent with the preceding statement if it is taken as indicating a recognition by Congress of the fact that the statutory limitation of liability to $500,000,000 would probably not limit claims by foreign residents to that amount in foreign courts and that therefore the persons indemnified were not fully protected against bankrupting claims, one of the primary purposes of the bill.⭑

(f) The point in question received scant consideration during the hearings

4 Atomic Industrial Forum, Financial Protection Against Atomic Hazards, The International Aspects. p. 52 (1959).

preceding adoption of the bill held by the Joint Committee on Atomic Energy. A summary of the study of the Atomic Industrial Forum, cited above, was introduced into the record of the hearing and included a conclusion that the provisions of the bill seemed to cover the situation.5 That conclusion would seem entitled to more than ordinary weight since the Forum study received the careful consideration of the Joint Committee," and the study referenced a statement from the 1956 Report very similar to the confusing statement in the 1957 Report noted above."

(g) There was also a rather ambiguous colloquy in the hearings between Representative Cole and Mr. Charles Haugh in which Representative Cole indicated that the Joint Committee * will do pretty well if we successfully protect the American people and property owners in this country without worrying about those that live abroad.'

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8

(h) Congress, in enacting the PriceAnderson Indemnity Act added to section 2 of the Atomic Energy Act of 1954, a new subsection which stated, inter alia:

In order * * * to encourage the development of the atomic energy industry, * * * the United States may make funds available for a portion of the damages suffered by the public from nuclear incidents and may limit the liability of those persons liable for such losses.

This statutory purpose is frustrated if the atomic energy industry is not protected from bankrupting liabilities for damages caused abroad by an accident occurring in the United States. In the

5 Hearings before the Joint Committee on Atomic Energy, Governmental Indemnity and Reactor Safety, 85th Cong., 1st Sess., p. 181 (1957) (hereinafter referred to as "Hearings.")

Report, the Joint Committee on Atomic Energy made explicit mention of the fact that the private insurance to be provided for reactor operators included coverage for damage in Canada and Mexico and, at another point, noted the Committee's hope that the insurance contract in its final form would cover the same scope as the bill.10

(i) It is my opinion that since the language of the Act draws no distinction between damage received in the United States and that received abroad, none can properly be drawn. To read the Act as imposing such a limitation in the absence of statutory direction and in the light of an avowed Congressional intention to encourage the development of the atomic energy industry would be unwarranted. The confusing sentence cited in the Report must, therefore, be read consistently with the language of the Act in the manner suggested above, i.e., as recognizing Congressional inability to limit foreign liability, or must be ignored as inconsistent with the broad coverage of the statutory language.

[25 F.R. 4075, May 7, 1960]

*

Act be said to be unclear on this point. The principal reason for the conclusion that there is coverage reached in the Forum study is the fact that Price-Anderson provides indemnity for "any legal liability." Arthur Murphy, Director of the study, in a recent article, has stated that the confusing sentence in the Report is "* inconsistent with the flat coverage of any legal liability by the indemnity." Murphy, Liability for Atomic Accidents and Insurance, in Law and Administration in Nuclear Energy 75 (1959). In the testimony before the Joint Committee last year, Professor Samuel D. Estep, one of three authors of the comprehensive study of Atoms and the Law apparently relying upon the legislative history, stated that the problem of a reactor accident in the United States causing damage in a foreign country was unclear, presumably since he considered the phrase "any legal liability" directed at a different problem. Hearings before the Joint Committee on Atomic Energy, Indemnity and Reactor Safety, 86th Cong., 1st Sess., p. 77 (1959); Stason Estep, and Pierce, Atoms and the Law, 577 (1959). Professor Estep stated that there "surely ought to be" coverage and suggested a clarifying amendment. His statement that the phrase "any legal liability" covers only the question of time restrictions for claims seems to me erroneous since the language used, "any legal liability," seems intentionally broad. Additionally, should this very narrow reading be given to admittedly broad statutory language, the Congressional purpose would be frustrated.

10 Report, p. 11.

§ 8.3 Interpretation by the General Counsel of § 2.710 of this chapter, Computation of time.

(a) Section 2.710 of the Commission's rules of practice, 10 CFR Part 2, provides:

In computing any period of time, the day of the act, event, or default after which the designated period of time begins to run is not included. The last day of the period so computed is included unless it is a Saturday, Sunday, or legal holiday at the place where the action or event is to occur, in which event the period runs until the end of the next day which is neither a Saturday, Sunday, nor holiday. When the period of time is less than seven (7) days, intermediate Saturdays, Sundays, and holidays are excluded. Whenever a party has the right or is required to do some act or take some proceeding within a prescribed period after the service of a notice or other paper upon him and the notice or paper is served upon him by mail, three (3) days shall be added to the prescribed period.

(b) (1) When a party to a proceeding subject to Subpart G of Part 2 of this chapter has the right or is required to do some act or take some proceeding within a prescribed period, which is less than seven (7) days, after the service of a notice or paper upon him, the computation of time should be made excluding intermediate Saturdays, Sundays, and holidays before any additional 3 days is added because service is by mail.

(2) In so computing the time, a Saturday, Sunday, or holiday at the beginning of the period should be excluded as an "intermediate Saturday, Sunday, or legal holiday."

(c) An example of a computation of time based upon the foregoing paragraphs is as follows: If a petition for leave to intervene under § 2.714(a) of this chapter were filed and served by mail on a Friday, § 2.714(b) of this chapter prescribes 5 days to reply. Since 5 days is less than 7 days, Saturday and Sunday would be excluded because they are an intermediate Saturday and Sunday. Monday would be the first day counted in determining when the answer to the petition must be filed. The 5 days allowed in § 2.714(b) of this chapter would end on the next Friday. Three additional days would be allowed because of service of the petition by mail, but Saturday and Sunday would be excluded, as an intermediate Saturday and Sunday, thus making the last date for filing an answer fall on the following Wednesday.

(d) An example with respect to motions follows: If a motion were filed and served by mail on a Wednesday, § 2.730 (c) of this chapter prescribes 5 days to file an answer. Thursday would be the 1st day counted. The intermediate Saturday and Sunday would be excluded as 5 days is less than 7 days. The 5 days allowed by § 2.730 (c) of this chapter would end on the next Wednesday. Three additional days because of service by mail would be allowed, but Saturday and Sunday would be excluded since the last day would be a Saturday, thus making the last date for filing an answer fall on the following Monday.

(Sec. 161, 68 Stat. 948; 42 U.S.C. 2201) [32 F.R. 11379, Aug. 5, 1967]

tory proceedings; and officers or employees of Government agencies, including military personnel, assigned to duty at the AEC.

(c) "Commission" means the commission of five members or a quorum thereof sitting as a body, as provided by section 21 of the Atomic Energy Act of 1954, as amended.

(d) "Government agency" means any executive department, commission, independent establishment, corporation wholly or partly owned by the United States of America which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the U.S. Government.

(e) "Record" means any book, paper, map, photograph, brochure, punch card, magnetic tape, paper tape, sound recording, pamphlet, slide, motion picture, or other documentary material, regardless of physical form or characteristics, made or received by the AEC pursuant to Federal law or in connection with the transaction of public business and preserved by the AEC as evidence of its organization, functions, policies, decisions, procedures, operations, programs, or other activities. "Records" do not include objects or articles such as structures, furniture, tangible exhibits or models, or vehicles or equipment.

§ 9.3

Statement of organization, functions, procedure, and substantive rules.

As required by 5 U.S.C. section 552, a statement as to the sources of information concerning the following subjects may be found in § 1.7 of this chapter: (a) A description of the central and field organization of the AEC and the established places at which, the officers from whom, and the methods whereby, the public may secure information, make submittals or requests, or obtain decisions; (b) statements of the general course and method by which the AEC functions are channeled and determined, including the nature and requirements of all formal and informal procedures available; (c) AEC rules of procedure, descriptions of forms available or the places at which forms may be obtained, and instructions as to the scope and contents of all papers, reports, or examinations; (d) AEC substantive rules of general applicability adopted as authority by law, and statements of general