PUBLIC LAW 110–140—DEC. 19, 2007
121 STAT. 1745
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(VI) the hazards associated with particular forms of transportation. (ii) FACTORS FOR CONSIDERATION.—In determining the formula, the Secretary may— (I) exclude— (aa) goods and services with negligible risk; (bb) classes of goods and services not intended specifically for use in a nuclear installation; (cc) a nuclear supplier with a de minimis share of the contingent cost; and (dd) a nuclear supplier no longer in existence for which there is no identifiable successor; and (II) establish the period on which the risk assessment is based. (iii) APPLICATION.—In applying the formula, the Secretary shall not consider any covered installation or transportation for which funds would be available under section 170 of the Atomic Energy Act of 1954 (42 U.S.C. 2210). (iv) REPORT.—Not later than 5 years after the date of the enactment of this Act, and every 5 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report on whether there is a need for continuation or amendment of this section, taking into account the effects of the implementation of the Convention on the United States nuclear industry and suppliers. (f) REPORTING.— (1) COLLECTION OF INFORMATION.— (A) IN GENERAL.—The Secretary may collect information necessary for developing and implementing the formula for calculating the deferred payment of a nuclear supplier under subsection (e)(2). (B) PROVISION OF INFORMATION.—Each nuclear supplier and other appropriate persons shall make available to the Secretary such information, reports, records, documents, and other data as the Secretary determines, by regulation, to be necessary or appropriate to develop and implement the formula under subsection (e)(2)(C). (2) PRIVATE INSURANCE.—The Secretary shall make available to nuclear suppliers, and insurers of nuclear suppliers, information to support the voluntary establishment and maintenance of private insurance against any risk for which nuclear suppliers may be required to pay deferred payments under this section. (g) EFFECT ON LIABILITY.—Nothing in any other law (including regulations) limits liability for a covered incident to an amount equal to less than the amount prescribed in paragraph 1(a) of Article IV of the Convention, unless the law— (1) specifically refers to this section; and (2) explicitly repeals, alters, amends, modifies, impairs, displaces, or supersedes the effect of this subsection.
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