Page:United States Statutes at Large Volume 102 Part 2.djvu/73

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PUBLIC LAW 100-000—MMMM. DD, 1988

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PUBLIC LAW 100-408—AUG. 20, 1988

102 STAT. 1077

amount of primary financial protection available under subsection b, (or an equivalent amount in the case of a contractor indemnified under subsection d.); or "(ii) the chief judge of the United States district court (or the judicial council of the judicial circuit) determines that cases arising out of the nuclear incident will have an unusual impact on the work of the court. "(B)(i) Each management panel shall consist only of members who are United States district judges or circuit judges. "(ii) Members of a management panel may include any United States district judge or circuit judge of another district court or court of appeals, if the chief judge of such other district court or court of appeals consents to such assignment. "(C) It shall be the function of each management panel— "(i) to consolidate related or similar claims for hearing or trial; "(ii) to establish priorities for the handling of different classes of cases; "(iii) to assign cases to a particular judge or special master; "(iv) to appoint special masters to hear particular types of cases, or particular elements or procedural steps of cases; "(v) to promulgate special rules of court, not inconsistent with the Federal Rules of Civil Procedure, to expedite cases or allow more equitable consideration of claims; "(vi) to implement such other measures, consistent with existing law and the Federal Rules of Civil Procedure, as will encourage the equitable, prompt, and efficient resolution of cases arising out of the nuclear incident; and "(vii) to assemble and submit to the President such data, available to the court, as may be useful in estimating the aggregate damages from the nuclear incident.", (d) LEGAL COSTS.— (1) PAYMENT CRITERIA.—Section

170 o. of the Atomic Energy Act of 1954 (42 U.S.C. 2210(o)), as previously amended by this Act, is further amended by— (A) inserting after the subsection designation the following: "PLAN FOR DISTRIBUTION OF FUNDS.—(1)";

(B) redesignating paragraphs (1) through (3) as subparagraphs (A) through (C); and ' (C) adding at the end the following: Courts, U.S. "(D) A court may authorize payment of only such legal costs as are permitted under paragraph (2) from the amount of financial protection required by subsection b. "(E) If the sum of public liability claims and legal costs authorized under paragraph (2) arising from any nuclear incident exceeds the maximum amount of financial protection required under subsection b., any licensee required to pay a standard deferred premium under subsection b. (1) shall, in addition to such deferred premium, be charged such an amount as is necessary to pay a pro rata share of such claims and costs, but in no case more than 5 percent of the maximum amount of such standard deferred premium described in such subsection. "(2) A court may authorize the payment of legal costs under paragraph (I)(D) only if the person requesting such payment has— "(A) submitted to the court the amount of such payment requested; and "(B) demonstrated to the court—