ML20033D817

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Responds to 820208 Request for Response to Constituent R Joannis Ltr Re Changes in Law Concerning Benefits Paid to Workers Injured in Nuclear Accidents.Nrc Concern in Area of Nuclear Compensation Contained in Price-Anderson Act
ML20033D817
Person / Time
Issue date: 03/22/1982
From: Kammerer C
NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To: Damato A
SENATE
Shared Package
ML20030A741 List: ... further results
References
FOIA-90-44 NUDOCS 8204290419
Download: ML20033D817 (2)


Text

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'n UNITED STATES C

NUCLEAR REGULATORY COMMISSION

.I-I WASHINGTON, D. C. 20655

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      • U March 22, 1982 O Dd

.N LThe Honorable Alfonse D' Amato s

UnRed States Senate I

' Washington, DC 20510

Dear Senator D' Amato:

In your memorandum to the NRC dated February 8,1982, (copy attached), you requested our~ response to a letter from your constituent, Ronald Joannic..

insofar as it concerned benefits paid to workers injured in nuclear accidents.

Mr. Joannis inquired whether any " changes in the law" have been made to assist such workers.-

' As you are aware, workers compensation is almost entirely a matter of State

-i law.

In the past few' years, a number of States have been considering bills related to compensation for radiation-related injuries. ' A partial list q

includes Colorado, Minnesota, Nevada, Massachusetts, and New York,- but there-may be others which have' not come to our attention.

Most of these proposals do not, however, directly concern workers compensation.

You _may also be aware of the Kennedy-Hatch bill, S.1483, which would make the UnitedtStates liable for radiation-related injuries to a limited class of uranium miners (among others).

A hearing was held on this bill on March 12,1982.

The NRC's main concern in the area of nuclear compansation is, of course, the i

Price-Anderson _Act. Section 170 of the Atomic. Energy Act.

(Some definitions

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relevant to Section 170 are contained in Section 11). The-definition of

public-liability" found in Section'11w specifically. excludes from the Act's.

coverage " claims under State or Federal workmen's compensation acts of employees of persons inderpnified who are employed at the site of and in connection with the activity where the nuclear incideni, occurs." Since this provision leaves to the States the matter of workers compensation for i

radiation-related injuries (except, of course, for Federal workers),

the NRC 1

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does not becoine actively involved in this area.

l Please let.me know if we can provide further assistance.

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Sincerely.

L

/A+ACarltoni er Di ector Office of Congr nal Affairs

Enclosures:

l As stated

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