ML20037D021
| ML20037D021 | |
| Person / Time | |
|---|---|
| Issue date: | 05/14/1981 |
| From: | Wolf J NRC |
| To: | Becker J NRC |
| References | |
| NUDOCS 8105210002 | |
| Download: ML20037D021 (3) | |
Text
_k
-May 14, 1981 Note to:
Joanna Becker From:-
James'R. Wolf
Subject:
POTENTIAL LIABILITY OF IAEA UNDER'US/IAEA SAFEGUARDS AGREEMENT Attached is a suggested response to. Vienna cable 03069, which.was forwarded to us for comment by the Department of State.~
t ggg',7 James R. Wolf Enclosure i.
l l
l l
l I
l l-I i
1 BL4at L4$@L
~.
Re: LIABILITY INSURANCE FOR IAEA SAFEGUARDS INSPECTIONS IN US (Suggested Response to~ Cable Vienna 03069) 1.
IAEA is a public international organization currently entitled to enjoy the privileges, exemptions, and immunities conferred by the International Organizations Immunities Act (101A), 22 USC 288. As such, IAEA enjoys the immunity from suit and judicial process enjoyed by forei 22 USC 288a(gn governments,-except to the extent expressly waived. Inspectors b).
relating to acts performed by them in their official capacity. 22 USC 288(d).
See also Agreement, Article 10.
2.
Accordingly, we see no basis for liability except to the extent that, under Article 15 of the Agreement, IAEA may have consented to the waiver of immunity in connection with extraordinary nuclear occurrences.
Waivers of the defense of governmental immunity are required in-certain indemnity agreements and, when so incorporated, they are judicially enforceable against the person indemnified.
42 USC 2210(n).- IAEA and its inspectors are persons, 42 USC 2014(s), and could be liable for public liability in the event of a nuclear incident at an.NRC-licensed facilit They would also be persons indemnified as defined in 42 USC 2014(t)y.and would have the protection afforded to persons indemnified by the Price-Anderson Act.
Any waiver of immunity (would apply solely to such public liability, as 3.
defined by 42 USC 2014 w).
Claims with respect to on-site damage would be subject to the immunity provisions of 101A.
4.
Some NRC-licensed facilities are not covered by Price-Anderson agreements.
Some NRC-licensed facilities covered by Price-Anderson agreements make no provision for waiver of defenses.
IAEA and its inspectors would have immunity under 101A with respect to activities at either of these classes of facility.
1 5.
There is no requirement under the Atomic Energy Act that IAEA maintain insurance covering activities of its inspectors.
6.
These comments apply only to NRC-licensed facilities.
l
Attachment:
Cable 03069 l
\\
l l
a e u.:lillCL ASS If I ED _ a T lilC0n"ijnG o
u r
m-
=,
~
Department o State TEl.EGRhM PAGE 01 VIENNA 03069 120817Z 3626 ACTION EUR-12 INFO OCT-01 ADS-00 INR-10 SS-15 CIAE-00 EG-08 OODE-00 H-On 10-15 NSC-05 NSAE-00 L-03 PM-09 CEO-01 OES-09 ACOA-12 SP-02 NRC-02
/195 W
160642 120827Z /16 R 181517Z MAR 81 ZDK FM AMEMBASSY VIENNA TO SECSTATE WASHDC 4353
~
INFO USDOEHQ FORRE ST AL' WASHDd USDOEHO GERMANTOWN UNCLAS VIENNA 03069 USIAEA E. O.
12065:
N/A T AGS:
SUBJECT:
LIABILITY INSURANCE FOR IAEA SAFEGUARDS INSPECTIONS IN US 1.
IN PREPARATION FOR INSPECTION OF US CIVIL NUCLEAR FACILITIES UNDER VOLUNTARY OFFER TREATY, IAEA HAS INOUIRED AS TO NECESSITY FOR AND AVAILABILITY OF INSURANCE COVERING LIABILITY WHICH MIGHT ARISE AS RESULT OF ITS SAFEGUARDS ACTIVITIES.
(AC E CU AT E INSURANCE IS CURRENTLY AVAILABLE FOR NCN-NUCLEAR-hELATED DAMAGE.)
SPE CIF I CAL A Y, IAEA WISHES INFORMATION ON THE F OL L OWI NG I SSUE S:
A.
THIRD PARTY LIABILITY FOR CAMAGE CAUSED BY NUCLEAR INCIDENTS.
UNDER THE " PRICE ANDERSON ACT" (S E C S.
11.5,
- 11. 7 AND 170 OF ATOMIC ENERGY ACT OF 1954, AS AVENOED), COULD THE IAEA BE HEwO LIABLE FOR PUBLIC LIABILITY IN THE EVENT OF A NUCLEAR INCICENT INVOLVING ACTIVITIES OF ITS INSPECTORS?
IF S O, wCULO IAEA BE CONSIDEREO A " PERSON INDEMNIFIED" AND THUS BE PRO-TECTEO?
UNDER "dH AT CIRCUMSTANCES MIGHT INSURUJCE BE REQUIRED TO COVER ACTIVITIES OF ITS I N SP E CTOR S ?
B.
LIABILITY COR "ON-SITE" DAMAGE CAUSED BY A NUCLEAR INCIOENT.
IN THE EVENT OF A NUCLEAR INCIDENT, COULD IAEA CR ITS INSPECTCAS BE HELD LIABLE FCR DA>dAGE CAUSED TO THE NUCLEAR FACILITY INVOLVE 3?
2.
TO COVER POSSI9LE LIABILITY DESCRISED ABOVE, IAEA REQUESTS I NF OR MA T I ON ON AVAILABLE SOURCES OF INSURANCE COVERAGE, AS wELL AS COST OF PREMIUMS.
PLEASE ADVISE.
KIRK UllCLASSIFIED
.