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Knight, Jeffrey W., legislative director, Friends of the Earth..
Nader, Ralph, accompanied by James Cubie, Congress Watch, Washington,
D.C

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ADDITIONAL MATERIALS

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Atomic Industrial Forum: The Price-Anderson Act: Summary of key issues and facts-

Energy Research and Development Administration: Information concerning claims under the Price-Anderson Act at contractor facilities. Environmental Coalition on Nuclear Power: Section-by-section analysis of chapter 14, section 170..

Friends of the Earth:

"The Incident at Brown's Ferry: Alabama's Nightmare in Candlelight," by David D. Comey

Excerpt from "A Time To Choose," outlining nature of compensation, subsidy

Joint Committee on Atomic Energy:

Veto message from President Ford to House, October 12, 1974–
Letter dated July 10, 1975, Frank G. Zarb, Administrator, FEA, to
Senator Pastore, chairman, JCAE, with copy of letter to Senate
and House accompanying draft bill.

Letter to Senate..

Draft bill...

Section analysis..

Environmental impact assessment

H.R. 8631, as introduced.

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JCAE press release, July 18, 1975, announcing hearings.

JCAE press release, September 4, 1975, announcing hearing dates and schedule of witnesses-

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Thirty-two eminent scientists comment, on nuclear power, coal, and
America's energy future: January 16, 1975...

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Nader, Ralph: Declaration on the 30th anniversary of Hiroshima (2,300 scientists), reprinted from Critical Mass, August 1975.

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National Energy Liability-Property Insurance Association [NELPIA]:
Summary of operations of the nuclear liability insurance pools.-----.
Nuclear Regulatory Commission:

Viewgraph: Present Price-Anderson system.
Viewgraph: Proposed Price-Anderson system...

APPENDIXES

A. Materials supplied by Ralph Nader subsequent to his appearance as a witness:

Letter dated October 16, 1975, to Chairman Pastore, accompanying
materials and outlining nature of same.

FEA news release, June 11, 1975: "Utilities can save $49 billion,
reduce oil use by 1 million barrels daily, Zarb says".

"Tapping Our Waste Heat Resource," excerpt from General Electric
Co. Nuclear Power Newsletter, Summer 1975.

"Power Pollution Tripled Since 1940: Parley Told World Will Turn to Solar Energy," by Gladwin Hill, reprinted from New York Times, September 21, 1975__

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"Some Sense From GM," by Ralph Nader, reprinted from Washington Star, August 23, 1975

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"ERDA's Limited Nuclear Power Scenario: Was The Deck Stacked?" by John Wasilczyk and James Cubie..

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C. Additional statements:

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American Electric Power Co., Inc., New York...

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American Federation of Labor/Congress of Industrial Organizations:
Building and Construction Trades Department.-

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Anderson, Dan R., associate professor, Risk Management & Insurance,
Graduate School of Business, University of Wisconsin, Madison,

Wis...

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Citizens Rights Committee, Hicksville, Long Island, N. Y

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Green, Harold P., professor of law, The George Washington University, Washington, D.C.

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Ingersoll-Rank Co., Woodcliff Lake, N.J.

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International Brotherhood of Electrical Workers, Washington, D.C..

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Iowa Electric Light and Power Co., Cedar Rapids, Iowa...
McInnes [forged products manufacturing co.].

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Middle South Utilities, Inc., New Orleans, La.

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Moss, Nancy C., Midland, Mich.; student, University of Michigan..

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Paskin, Maureen, student, University of Michigan, Ann Arbor, Mich..
Rippy, Fred R., Inc., Whittier, Calif.

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Tem Tex [temperature systems and components], Dallas, Tex_

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Vermont Yankee Nuclear Power Corporation, Rutland, Vt..

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Washington Public Power Supply System, Richland, Wash.
Westinghouse Electric Corp., Milwaukee, Wis...
Wisconsin Electric Power Co., Milwaukee, Wis.

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D. Additional background materials.

Letter dated June 9, 1975, to JCAE, from NRC, with enclosure_ Enclosure: NRC staff study concerning financial protection against potential harm caused by sabotage or theft of nuclear materials: June 1975.

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Letter dated July 15, 1975, to JCAE, from ERDA re sabotage
and theft of nuclear materials__.

548

Attitude of public toward nuclear power; statement by Ebasco
Services, Inc., August 1975...

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Correspondence re declaration of 2,300 scientists.

559

Congressional Record excerpt, May 8, 1975: Representative Evins of
Tennessee and scientists' statement.

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Atomic Industrial Forum, Inc., discussion paper.

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Letter dated August 26, 1975, to JCAE from NRC re premium refunds under pools Industry Credit Rating Plan__

586

Legislative activity on Price-Anderson during 93d Congress:

H. Doc. 93-370, Presidential veto message on H.R. 15323_
H.R. 15323, as signed in House and Senate..

H. Rept. 93-1306: Conference Report, August 20, 1974.
S. Rept. 93-1027: July 23, 1974.

H.R. 15323: As reported in Senate, July 23, 1974.

H. Rept. 93-1115, June 18, 1974

H.R. 15323, as reported in House, June 18, 1974.
H.R. 15323, as introduced in House, June 11, 1974-
S. 3452, as introduced in Senate, May 7, 1974.

H.R. 14408, as introduced in House, April 25, 1974.

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S. 3254, as introduced by Senator Gravel, March 27, 1974
Appendix 40: Excerpt from JCAE hearings "Proposed Extension

of AEC Indemnity Legislation", June 22, 23, and 24, 1965...

E. Information on Fermi reactor incident.

F. "Policing Plutonium: The Civil Liberties Fallout," excerpt from the Harvard Civil Rights-Civil Liberties Law Review, Spring 1975. Pages 369-443_..

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691

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706

712

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740

G. Letter dated November 17, 1975, to JCAE from NRC regarding nature and extent of Security interest by NRC as guarantor

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H.R. 8631: TO AMEND AND EXTEND THE PRICE

ANDERSON ACT

TUESDAY, SEPTEMBER 23, 1975

CONGRESS OF THE UNITED STATES,
JOINT COMMITTEE ON ATOMIC ENERGY,

Washington, D.C.

The Joint Committee met at 10 a.m., pursuant to call, in room S-407, the Capitol, Senator Joseph M. Montoya presiding.

Present: Senators Pastore, Montoya, and Case; and Representatives Price, Young, Roncalio, Anderson, Lujan, Horton, and Hinshaw. Also present: George F. Murphy, Jr., executive director; James B. Graham, assistant director; William C. Parler, committee counsel; James K. Asselstine, assistant counsel; Norman P. Klug and Stephen J. Lanes, technical consultants.

OPENING REMARKS BY SENATOR MONTOYA

Senator MONTOYA. The committee will be in order.

This morning, the Joint Committee on Atomic Energy begins 2 days of hearings on H.R. 8631, a proposal by the administration to modify the provisions of the Price-Anderson Insurance and Indemnity Act. This law, which was first enacted in 1957 and which is now scheduled to expire on July 31, 1977, provides financial protection for the public and the nuclear industry from the potential consequences of highly unlikely nuclear accidents.

The question of renewing and amending the Price-Anderson Act was the subject of extensive hearings by this committee last year. After considering a number of proposals, the committee reported out a bill, H.R. 15323, which passed the Congress, with certain amendments, on September 30, 1974. H.R. 15323 would have extended the PriceAnderson system for 5 years with one principal modification: The present Government indemnity protection for licensees would have been gradually replaced by a system of deferred premiums to be paid by the utility industry in the event of a serious accident, and the maximum amount of compensation available to the public would rise as the number of nuclear plants increased.

Although President Ford agreed with the substantive provisions of the bill, he vetoed the measure on October 12, 1974, because of a provision which would have permitted the Congress by concurrent resolution to revoke the measure following congressional review of the reactor safety study being prepared for the Nuclear Regulatory Commission by Dr. Norman Rasmussen.

We will include the message from the President at this point.

[Message referred to follows:]

MESSAGE FROM PRESIDENT GERALD R. FORD TO HOUSE OF REPRESENTATIVES, OCTOBER 12, 1974

To the House of Representatives:

I am returning without my approval H.R. 15323, "To amend the Atomic Energy Act, as amended, to revise the method of providing public remuneration in the event of a nuclear incident, and for other purposes."

The first eleven sections of the bill basically carry out recommendations of the Atomic Energy Commission, and I would be glad to approve them if they stood alone.

Section 12, however, would provide that "the provisions of this Act shall become effective thirty (30) days after the date on which the Joint Committee on Atomic Energy submits to the Congress an evaluation of the Reactor Study, entitled 'An Assessment of Accident Risks in the U.S. Commercial Nuclear Power Plants,' AEC Report Number WASH-1400, except that it shall not become effective if within the thirty (30) day period after the Joint Committee submits its evaluation, the Congress adopts a concurrent resolution disapproving the extension of the Price-Anderson Act." The import of this section is that after I have approved the bill, the Joint Committee and the Congress would further consider whether it should ever become effective.

I cannot approve legislation under these circumstances-if, indeed, the bill can properly be called legislation rather than merely the expression of an intent to legislate. The presentation of a bill to me pursuant to Article I, section 7 of the Constitution amounts to a representation by Congress that, as far as it is concerned, the legislation is ready to become effective, subject perhaps to some extrinsic condition precedent, but not to further congressional deliberation. Here, however, Congress in effect requests my approval before it has given its own.

In this instance, the clear constitutional infirmity of the bill not only affects my powers and duties but directly endangers substantial and important private rights. If the bill is unconstitutional, it will remain unconstitutional despite my signing it. As a result, a sure source of funds for prompt payment of public liability claims, a primary objective of the Price-Anderson Act, would be in doubt. The uncertainty over nuclear liability protection would also adversely affect that private investment which will be necessary as nuclear power assumes its vital role in meeting the nation's energy requirements. The public interest would not be served by approving legislation which creates these uncertainties.

I urge the Congress to reenact the bill promptly so as to remove the problems which Section 12 now raises.

THE WHITE HOUSE,
October 12, 1974.

GERALD R. FORD.

Senator MONTOYA. I might add that the final report of that study is now expected in the latter part of October 1975.

On July 10, 1975, the Federal Energy Administration submitted a proposal to extend the Price-Anderson Act. That proposal, H.R. 8631, is identical to the bill passed by the Congress last year, with two exceptions:

First, the provision which caused the President to veto the bill has been omitted.

Second, the measure calls for a 10-year rather than a 5-year extension of the act.

[Information relative to H.R. 8631 follows:]

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