Knight, Jeffrey W., legislative director, Friends of the Earth.. Pag 11 14 ADDITIONAL MATERIALS 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 to Senate.. Draft bill... Section analysis.. Environmental impact assessment H.R. 8631, as introduced. 1223 JCAE press release, July 18, 1975, announcing hearings. JCAE press release, September 4, 1975, announcing hearing dates and schedule of witnesses- 31 Thirty-two eminent scientists comment, on nuclear power, coal, and 161 Nader, Ralph: Declaration on the 30th anniversary of Hiroshima (2,300 scientists), reprinted from Critical Mass, August 1975. National Energy Liability-Property Insurance Association [NELPIA]: Viewgraph: Present 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 FEA news release, June 11, 1975: "Utilities can save $49 billion, "Tapping Our Waste Heat Resource," excerpt from General Electric "Power Pollution Tripled Since 1940: Parley Told World Will Turn to Solar Energy," by Gladwin Hill, reprinted from New York Times, September 21, 1975__ 223 231 "Some Sense From GM," by Ralph Nader, reprinted from Washington Star, August 23, 1975 234 "ERDA's Limited Nuclear Power Scenario: Was The Deck Stacked?" by John Wasilczyk and James Cubie.. 230 C. Additional statements: Page American Electric Power Co., Inc., New York... 268 American Federation of Labor/Congress of Industrial Organizations: 269 Anderson, Dan R., associate professor, Risk Management & Insurance, Wis... 271 Citizens Rights Committee, Hicksville, Long Island, N. Y Green, Harold P., professor of law, The George Washington University, Washington, D.C. 354 Ingersoll-Rank Co., Woodcliff Lake, N.J. 358 International Brotherhood of Electrical Workers, Washington, D.C.. 359 Iowa Electric Light and Power Co., Cedar Rapids, Iowa... 362 364 Middle South Utilities, Inc., New Orleans, La. 365 Moss, Nancy C., Midland, Mich.; student, University of Michigan.. Paskin, Maureen, student, University of Michigan, Ann Arbor, Mich.. 408 Tem Tex [temperature systems and components], Dallas, Tex_ 437 Vermont Yankee Nuclear Power Corporation, Rutland, Vt.. 438 Washington Public Power Supply System, Richland, Wash. 441 444 450 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. 453 453 455 Letter dated July 15, 1975, to JCAE, from ERDA re sabotage 548 Attitude of public toward nuclear power; statement by Ebasco 550 Correspondence re declaration of 2,300 scientists. 559 Congressional Record excerpt, May 8, 1975: Representative Evins of 567 Atomic Industrial Forum, Inc., discussion paper. 572 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. Rept. 93-1306: Conference Report, August 20, 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. 14408, as introduced in House, April 25, 1974. ! S. 3254, as introduced by Senator Gravel, March 27, 1974 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_.. Page 587 589 594 634 634 681 681 691 700 706 712 720 736 740 G. Letter dated November 17, 1975, to JCAE from NRC regarding nature and extent of Security interest by NRC as guarantor 815 H.R. 8631: TO AMEND AND EXTEND THE PRICE ANDERSON ACT TUESDAY, SEPTEMBER 23, 1975 CONGRESS OF THE UNITED STATES, 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, 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:] |