cfr_sections
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:2.0.1.1.21.1.134.1 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.1 Purpose. | NRC | [57 FR 18394, Apr. 30, 1992] | The regulations in this part are issued to provide appropriate procedures and requirements for determining: (a) The financial protection required of licensees and for the indemnification and limitation of liability of certain licensees and other persons pursuant to section 170 of the Atomic Energy Act of 1954, as amended; and (b) The liability insurance required of uranium enrichment facility licensees pursuant to section 193 of the Atomic Energy Act of 1954, as amended. | ||||
| 10:10:2.0.1.1.21.1.134.10 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.9a Information collection requirements: OMB approval. | NRC | [62 FR 52190, Oct. 6, 1997, as amended at 85 FR 65664, Oct. 16, 2020] | (a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ). The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0039. (b) The approved information collection requirements contained in this part appear in §§ 140.6, 140.7, 140.8, 140.13, 140.13a, 140.13b, 140.15, 140.17, 140.20, and 140.21. | ||||
| 10:10:2.0.1.1.21.1.134.2 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.2 Scope. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 33 FR 15998, Oct. 31, 1968; 42 FR 48, Jan. 3, 1977; 56 FR 64980, Dec. 13, 1991; 57 FR 18394, Apr. 30, 1992; 72 FR 49564, Aug. 28, 2007; 83 FR 30288, June 28, 2018] | (a) The regulations in this part apply: (1) To each person who is an applicant for or holder of a license issued under 10 CFR parts 50, 52, or 54 to operate a nuclear reactor, and (2) With respect to an extraordinary nuclear occurrence, to each person who is an applicant for or holder of a license to operate a production facility or a utilization facility (including an operating license issued under part 50 of this chapter and a combined license under part 52 of this chapter), and to other persons indemnified with respect to the involved facilities. (3) To each person licensed pursuant to part 70 of this chapter to possess and use plutonium in a plutonium processing and fuel fabrication plant. (4) To each person licensed pursuant to parts 40 and 70 of this chapter to construct and operate a uranium enrichment facility. (b)(1) Subpart B of this part does not apply to any person subject to subparts C or D of this part. Subpart C of this part applies only to persons found by the Commission to be Federal agencies. Subpart D of this part applies only to persons found by the Commission to be nonprofit educational institutions with respect to licenses and applications for licenses for the conduct of educational activities. (2) Any applicant or licensee subject to this part may apply for a finding that such applicant or licensee is subject to the provisions of subparts C or D of this part. The application should state the grounds for the requested finding. Any application for a finding pursuant to this paragraph may be included in an application for a license. (c) Subpart E of this part sets forth the procedures the Commission will follow and the criteria the Commission will apply in making a determination as to whether or not there has been an extraordinary nuclear occurrence. The form of nuclear energy liability policy for facilities (appendix A) and the forms of indemnity agreements with licensees (appendices B, C, D, and E) include provisions requiring the waiver of certain defenses with respect to an extraord… | ||||
| 10:10:2.0.1.1.21.1.134.3 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.3 Definitions. | NRC | [83 FR 30288, June 28, 2018, as amended at 89 FR 106253, Dec. 30, 2024] | As used in this part: Act means the Atomic Energy Act of 1954 (68 Stat. 919) including any amendments thereto. Commission means the Nuclear Regulatory Commission or its duly authorized representatives. Department means the Department of Energy established by the Department of Energy Organization Act (Pub. L. 95-91, 91 Stat. 565, 42 U.S.C. 7101 et seq. ), to the extent that the Department, or its duly authorized representatives, exercises functions formerly vested in the U.S. Atomic Energy Commission, its Chairman, members, officers and components and transferred to the U.S. Energy Research and Development Administration and to the Administrator thereof pursuant to sections 104 (b), (c) and (d) of the Energy Reorganization Act of 1974 (Pub. L. 93-438, 88 Stat. 1233 at 1237, 42 U.S.C. 5814) and retransferred to the Secretary of Energy pursuant to section 301(a) of the Department of Energy Organization Act (Pub. L. 95-91, 91 Stat. 565 at 577-578, 42 U.S.C. 7151). Federal agency means a Government agency such that any liability in tort based on the activities of such agency would be satisfied by funds appropriated by the Congress and paid out of the United States Treasury. Financial protection means the ability to respond in damages for public liability and to meet the cost of investigating and defending claims and settling suits for such damages. Government agency means any executive department, commission, independent establishment, corporation, wholly or partly owned by the United States of America which is an instrumentality of the United States, or any board, bureau, division, service, office, officer, authority, administration, or other establishment in the executive branch of the Government. Nuclear reactor means any apparatus, other than an atomic weapon, designed or used to sustain nuclear fission in a self-supporting chain reaction. Person means: (1) Any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, Government agency other tha… | ||||
| 10:10:2.0.1.1.21.1.134.4 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.4 Interpretations. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 90 FR 55634, Dec. 3, 2025] | Except as specifically authorized by the Commission in writing, no interpretations of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||
| 10:10:2.0.1.1.21.1.134.5 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.5 Communications. | NRC | [73 FR 5726, Jan. 31, 2008, as amended at 74 FR 62686, Dec. 1, 2009; 79 FR 75742, Dec. 19, 2014; 80 FR 74982, Dec. 1, 2015; 84 FR 65646, Nov. 29, 2019] | Except where otherwise specified, all communications and reports concerning the regulations in this part and applications filed under them should be sent by mail addressed to: ATTN: Document Control Desk, Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRC's offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html; by e-mail to MSHD.Resource@nrc.gov; or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. | ||||
| 10:10:2.0.1.1.21.1.134.6 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.6 Reports. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 41 FR 16447, Apr. 19, 1976; 42 FR 49, Jan. 3, 1977; 68 FR 58824, Oct. 10, 2003; 73 FR 5726, Jan. 31, 2008; 79 FR 75742, Dec. 19, 2014; 84 FR 65646, Nov. 29, 2019] | (a) In the event of bodily injury or property damage arising out of or in connection with the possession or use of the radioactive material at the location or in the course of transportation, or in the event any claim is made therefor, written notice containing particulars sufficient to identify the licensee and reasonably obtainable information with respect to the time, place, and circumstances thereof, or to the nature of the claim, shall be furnished by or for the licensee to the Director, Office of Nuclear Reactor Regulation, or Director, Office of Nuclear Material Safety and Safeguards, as appropriate, using an appropriate method listed in § 140.5, but in any case as promptly as practicable. The terms the radioactive material, the location, and in the course of transportation as used in this section shall have the meanings defined in the applicable indemnity agreement between the licensee and the Commission. (b) The Commission may require any person subject to this part to keep such records and furnish such reports to the Commission as the Commission deems necessary for the administration of the regulations in this part. | ||||
| 10:10:2.0.1.1.21.1.134.7 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.7 Fees. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 42 FR 49, Jan. 3, 1977; 63 FR 31851, June 10, 1998; 89 FR 51811, June 20, 2024] | (a)(1) Each reactor licensee shall pay a fee to the Commission based on the following schedule: (i) For indemnification from $500 million to $400 million inclusive, a fee of $30 per year per thousand kilowatts of thermal capacity authorized in the license; (ii) For indemnification from $399 million to $300 million inclusive, a fee of $24 per year per thousand kilowatts of thermal capacity authorized in the license; (iii) For indemnification from $299 million to $200 million inclusive, a fee of $18 per year per thousand kilowatts of thermal capacity authorized in the license; (iv) For indemnification from $199 million to $100 million inclusive, a fee of $12 per year per thousand kilowatts of thermal capacity authorized in the license; and (v) For indemnification from $99 million to $1 million inclusive, a fee of $6 per year per thousand kilowatts of thermal capacity authorized in the license. (2) No fee will be less than $100 per annum for any nuclear reactor. This fee is for the period beginning with the date on which the applicable indemnity agreement is effective. The various levels of indemnity fees are set forth in the schedule in this paragraph. The amount of indemnification for determining indemnity fees will be computed by subtracting from the statutory limit of liability the amount of financial protection required of the licensee. In the case of licensees subject to the provision of § 140.11(a)(4), this total amount will be the amount, as determined by the Commission, of the financial protection available to licensees at the close of the calendar year preceding the one in which the fee becomes due. For those instances in which a certified financial statement is provided as a guarantee of payment of deferred premiums in accordance with § 140.21(e), a fee of $1,000 or the indemnity fee, whichever is greater, is required. (b) Where a licensee manufactures a number of nuclear reactors each having a power level not exceeding 3 1/3 megawatts, for sale to others and operates them at the licensee's locat… | ||||
| 10:10:2.0.1.1.21.1.134.8 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.8 Specific exemptions. | NRC | [34 FR 19546, Dec. 11, 1969] | The Commission may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and are otherwise in the public interest. | ||||
| 10:10:2.0.1.1.21.1.134.9 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | A | Subpart A—General Provisions | § 140.9 Modification of indemnity agreements. | NRC | [48 FR 1030, Jan. 10, 1983] | The Commission will publish in the Federal Register a notice of its intent to enter into an indemnity agreement, or agreement amending an indemnity agreement, which contains provisions different from the form of the applicable indemnity agreement set forth in the appendices to this part, as such appendices may be amended from time to time. | ||||
| 10:10:2.0.1.1.21.2.134.1 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.10 Scope. | NRC | [72 FR 49564, Aug. 28, 2007] | This subpart applies to each person who is an applicant for or holder of a license issued under 10 CFR parts 50 or 54 to operate a nuclear reactor, or is the applicant for or holder of a combined license issued under parts 52 or 54 of this chapter, except licenses held by persons found by the Commission to be Federal agencies or nonprofit educational institutions licensed to conduct educational activities. This subpart also applies to persons licensed to possess and use plutonium in a plutonium processing and fuel fabrication plant. | ||||
| 10:10:2.0.1.1.21.2.134.10 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.17 Special provisions applicable to licensees furnishing financial protection in whole or in part in the form of liability insurance. | NRC | In any case where a licensee undertakes to maintain financial protection in the form of liability insurance for all or part of the financial protection required by this part, (a) The Commission may require proof that the organization or organizations which have issued such policies are legally authorized to issue them and do business in the United States and have clear ability to meet their obligations; and (b) At least 30 days prior to the termination of any such policy, the licensee shall notify the Commission of the renewal of such policy or shall file other proof of financial protection. | |||||
| 10:10:2.0.1.1.21.2.134.11 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.18 Special provisions applicable to licensees furnishing financial protection in whole or in part in the form of adequate resources. | NRC | [42 FR 43385, Aug. 29, 1977] | In any case where a licensee undertakes to maintain financial protection in the form specified in § 140.14(a)(2) for all or part of the financial protection required by this part, the Commission may require such licensee to file with the Commission such financial information as the Commission determines to be appropriate for the purpose of determining whether the licensee is maintaining financial protection as required by this part. | ||||
| 10:10:2.0.1.1.21.2.134.12 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.19 Failure by licensees to maintain financial protection. | NRC | In any case where the Commission finds that the financial protection maintained by a licensee is not adequate to meet the requirements of this part, the Commission may suspend or revoke the license or may issue such order with respect to licensed activities as the Commission determines to be appropriate or necessary in order to carry out the provisions of this part and of section 170 of the Act. | |||||
| 10:10:2.0.1.1.21.2.134.13 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.20 Indemnity agreements and liens. | NRC | [42 FR 49, Jan. 3, 1977, as amended at 72 FR 49565, Aug. 28, 2007] | (a) The Commission will execute and issue agreements of indemnity pursuant to the regulations in this part or such other regulations as may be issued by the Commission. Such agreements, as to any licensee, shall be effective on: (1)(i) The effective date of the license (issued pursuant to part 50 of this chapter) authorizing the licensee to operate the nuclear reactor involved; or (ii) The date that the Commission makes the finding under § 52.103(g) of this chapter; or (iii) The effective date of the license (issued under part 70 of this chapter) authorizing the licensee to possess and store special nuclear material at the site of the nuclear reactor for use as fuel in operation of the nuclear reactor after issuance of an operating license for the reactor, whichever is earlier. No such agreement, however, shall be effective prior to September 26, 1957; or (2) August 1, 1977 or the effective date of the license (issued pursuant to part 70 of this chapter) authorizing the licensee to possess and use plutonium at the site of the plutonium processing and fuel fabrication plant for processing in that plant, whichever date is later. (b) If the licensee fails to pay assessed deferred premiums, the Commission reserves the right to pay those premiums on behalf of the licensee and to recover the amount of such premiums from the licensee. (c) The Commission shall require the immediate submission of financial statements by those licensees who indicate, after an assessment of the retrospective premium by the insurance pools, that they will not pay the assessment. Such financial statements shall include, as a minimum, exhibits indicating internally generated funds from operations and accumulated retained earnings. Subsequent submission of financial statements by such licensees may be requested by the Commission, as required. (d) If premiums are paid by the Commission as provided in paragraph (b) of this section, payment by the Commission shall create a lien in the amount paid in favor of the United States upon all prope… | ||||
| 10:10:2.0.1.1.21.2.134.14 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.21 Licensee guarantees of payment of deferred premiums. | NRC | [42 FR 50, Jan. 3, 1977, as amended at 71 FR 15012, Mar. 27, 2006; 74 FR 62686, Dec. 1, 2009; 79 FR 38769, July 9, 2014] | Each licensee required to have and maintain financial protection for each nuclear reactor as determined in § 140.11(a)(4) shall at the issuance of the license and annually, on the anniversary of the date on which the indemnity agreement is effective, provide evidence to the Commission that it maintains one of the following types of guarantee of payment of deferred premium in the amount specified in § 140.11(a)(4) for each reactor it is licensed to operate: (a) Surety bond, (b) Letter of credit, (c) Revolving credit/term loan arrangement, (d) Maintenance of escrow deposits of government securities, (e) Annual certified financial statement showing either that a cash flow ( i.e. , cash available to a company after all operating expenses, taxes, interest charges, and dividends have been paid) can be generated and would be available for payment of retrospective premiums within three (3) months after submission of the statement, or a cash reserve or a combination of cash flow and cash reserve, or (f) Such other type of guarantee as may be approved by the Commission. | ||||
| 10:10:2.0.1.1.21.2.134.15 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.22 Commission guarantee and reimbursement agreements. | NRC | [42 FR 50, Jan. 3, 1977, as amended at 83 FR 30289, June 28, 2018] | Each licensee required to have and maintain financial protection for each nuclear reactor as determined in § 140.11(a)(4) shall execute an indemnity agreement with the Commission that provides for the payment by the Commission of deferred premiums not paid by the licensee and reimbursement of the Commission by the licensee. The general forms of agreement to be entered into by the Commission and licensees are set forth in § 140.92, appendix B and § 140.93, appendix C. | ||||
| 10:10:2.0.1.1.21.2.134.2 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.11 Amounts of financial protection for certain reactors. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 89 FR 106253, Dec. 30, 2024] | (a) Each licensee is required to have and maintain financial protection: (1) In the amount of $1,000,000 for each nuclear reactor he is authorized to operate at a thermal power level not exceeding ten kilowatts; (2) In the amount of $1,500,000 for each nuclear reactor he is authorized to operate at a thermal power level in excess of ten kilowatts but not in excess of one megawatt; (3) In the amount of $2,500,000 for each nuclear reactor other than a testing facility or a reactor licensed under section 104b of the Act which he is authorized to operate at a thermal power level exceeding one megawatt but not in excess of ten megawatts; and (4) In an amount equal to the sum of $500,000,000 and the amount available as secondary financial protection (in the form of private liability insurance available under an industry retrospective rating plan providing for deferred premium charges equal to the pro rata share of the aggregate public liability claims and costs, excluding costs payment of which is not authorized by section 170o.(1)(D) of the Act, in excess of that covered by primary financial protection) for each nuclear reactor which is licensed to operate and which is designed for the production of electrical energy and has a rated capacity of 100,000 electrical kilowatts or more: Provided, however, that under such a plan for deferred premium charges for each nuclear reactor that is licensed to operate, no more than $158,026,000 with respect to any nuclear incident (plus any surcharge assessed under subsection 170o.(1)(E) of the Act) and no more than $24,714,000 per incident within one calendar year shall be charged. Except that, where a person is authorized to operate a combination of 2 or more nuclear reactors located at a single site, each of which has a rated capacity of 100,000 or more electrical kilowatts but not more than 300,000 electrical kilowatts with a combined rated capacity of not more than 1,300,000 electrical kilowatts, each such combination of reactors shall be considered to be a single nuclear… | ||||
| 10:10:2.0.1.1.21.2.134.3 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.12 Amount of financial protection required for other reactors. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 26 FR 1397, Feb. 17, 1961; 32 FR 8125, June 7, 1967; 72 FR 49565, Aug. 28, 2007] | (a) Each licensee is required to have and maintain financial protection for each nuclear reactor for which the amount of financial protection is not determined in § 140.11, in an amount determined pursuant to the formula and other provisions of this section: Provided, That in no event shall the amount of financial protection required for any nuclear reactor under this section be less than $4,500,000 or more than $74,000,000. (b)(1) The formula is: x = B times P (2) In the formula: x = Amount of financial protection in dollars. B = Base amount of financial protection. P = Population factor. x = Amount of financial protection in dollars. B = Base amount of financial protection. P = Population factor. (3) The base amount of financial protection is equal to $185 times the maximum power level, expressed in thermal kilowatts, as authorized by the applicable license. (4) The population factor (P) shall be determined as follows: (i) Step 1. The area to be considered includes all minor civil divisions (as shown in the 1950 Census of Population, Bureau of the Census, or later data available from the Bureau) which are wholly or partly within a circle with the facility at its center and having a radius in miles equal to the square root of the maximum authorized power level in thermal megawatts. (ii) Step 2. Identify all minor civil divisions according to the same census which are in whole or in part within the circle determined in Step 1. Determine the population of each such minor civil division (according to the same census or later data available from the Bureau of the Census). For each minor civil division, divide its population by the square of the estimated distance to the nearest mile from the reactor to the geographic center of the minor civil division: Provided, That no such distance shall be deemed to be less than one mile. If the sum of the quotients thus obtained for all minor civil divisions wholly or partly within the circle is 1,000 or less, the population factor is 1. If the sum of … | ||||
| 10:10:2.0.1.1.21.2.134.4 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.13 Amount of financial protection required of certain holders of construction permits and combined licenses under 10 CFR part 52. | NRC | [72 FR 49565, Aug. 28, 2007] | Each holder of a part 50 construction permit, or a holder of a combined license under part 52 of this chapter before the date that the Commission had made the finding under 10 CFR 52.103(g), who also holds a license under part 70 of this chapter authorizing ownership, possession and storage only of special nuclear material at the site of the nuclear reactor for use as fuel in operation of the nuclear reactor after issuance of either an operating license under 10 CFR part 50 or combined license under 10 CFR part 52, shall, during the period before issuance of a license authorizing operation under 10 CFR part 50, or the period before the Commission makes the finding under § 52.103(g) of this chapter, as applicable, have and maintain financial protection in the amount of $1,000,000. Proof of financial protection shall be filed with the Commission in the manner specified in § 140.15 of this chapter before issuance of the license under part 70 of this chapter. | ||||
| 10:10:2.0.1.1.21.2.134.5 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.13a Amount of financial protection required for plutonium processing and fuel fabrication plants. | NRC | [42 FR 49, Jan. 3, 1977, as amended at 42 FR 20140, Apr. 18, 1977; 44 FR 20632, Apr. 6, 1979; 54 FR 24158, June 6, 1989; 83 FR 30289, June 28, 2018] | (a) Each holder of a license issued pursuant to part 70 of this chapter to possess and use plutonium at a plutonium processing and fuel fabrication plant is required to have and maintain financial protection in the form specified in § 140.14 in the amount of $200,000,000. Proof of financial protection shall be filed with the Commission in the manner specified in § 140.15 prior to issuance of the license under part 70 of this chapter. (b) In any case, when a person is authorized pursuant to part 70 of this chapter to possess and use plutonium at two or more plutonium processing and fuel fabrication plants at the same location, the total financial protection required of the licensee for all such plants is the highest amount which would otherwise be required for any one of those plants: Provided, however, That such financial protection covers all such plants at the location. | ||||
| 10:10:2.0.1.1.21.2.134.6 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.13b Amount of liability insurance required for uranium enrichment facilities. | NRC | [57 FR 18394, Apr. 30, 1992] | Each holder of a license issued under Parts 40 or 70 of this chapter for a uranium enrichment facility that involves the use of source material or special nuclear material is required to have and maintain liability insurance. The liability insurance must be the type and in the amounts the Commission considers appropriate to cover liability claims arising out of any occurrence within the United States that causes, within or outside the United States, bodily injury, sickness, disease, death, loss of or damage to property, or loss of use of property arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of chemical compounds containing source material or special nuclear material. Proof of liability insurance must be filed with the Commission as required by § 140.15 before issuance of a license for a uranium enrichment facility under parts 40 and 70 of this chapter. | ||||
| 10:10:2.0.1.1.21.2.134.7 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.14 Types of financial protection. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 42 FR 49, Jan. 3, 1977] | (a) The amounts of financial protection required under this part may be furnished and maintained in the form of: (1) An effective policy of liability insurance from private sources; or (2) Adequate resources to provide the financial protection required by §§ 140.11, 140.12; 140.13 or § 140.13a; or (3) Such other type of financial protection as the Commission may approve; or (4) Any combination of the foregoing. (b) In any case where the Commission has approved proof of financial protection filed by a licensee the licensee shall not substitute one type of financial protection for another type without first obtaining the written approval of the Commission. | ||||
| 10:10:2.0.1.1.21.2.134.8 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.15 Proof of financial protection. | NRC | [25 FR 2944, Apr. 7, 1960, as amended at 33 FR 15999, Oct. 31, 1968; 49 FR 11148, Mar. 26, 1984] | (a)(1) Licensees who maintain financial protection in whole or in part in the form of liability insurance shall provide proof of financial protection that consists of a copy of the liability policy (or policies) together with a certificate by the insurers issuing the policy stating that the copy is a true copy of the currently effective policy issued to the licensee. The licensee may furnish proof of financial protection in the form of the nuclear energy liability insurance policy set forth in § 140.91 or in any other form acceptable to the Commission. (2) Such proof may alternatively, consist of a copy of the declarations page of a nuclear energy liability policy in the form set forth in § 140.91 and issued to the licensee: Provided, That such policy form has been filed by the insurers with the Commission. The declarations page shall be accompanied by a certificate by the insurers stating that said copy is a true copy of the declarations page of a currently effective policy and identifying the policy (including endorsements) by reference to the policy form which has been filed by them with the Commission. (3) The Commission will accept any other form of nuclear energy liability insurance as proof of financial protection if it determines that the provisions of such insurance provide financial protection under the requirements of the Commission's regulations and the Act. (b) Proof of financial protection in the case of licensees who maintain financial protection in whole or in part in the form specified in § 140.14(a)(2) shall consist of a showing that the licensee clearly has adequate resources to provide the financial protection required under this part. For this purpose the applicant or licensee shall file with the Commission: (1) Annual financial statements for the three complete calendar or fiscal years preceding the date of filing, together with an opinion thereon by a certified public accountant. The financial statements shall include balance sheets, operating statements and such supporting schedules … | ||||
| 10:10:2.0.1.1.21.2.134.9 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | B | Subpart B—Provisions Applicable Only to Applicants and Licensees Other Than Federal Agencies and Nonprofit Educational Institutions | § 140.16 Commission review of proof of financial protection. | NRC | The Commission will review proof of financial protection filed by any licensee or applicant for license. If the Commission finds that the licensee or applicant for license is maintaining financial protection in accordance with the requirements of this part, approval of the financial protection will be evidenced by incorporation of appropriate provision in the license. | |||||
| 10:10:2.0.1.1.21.3.134.1 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | C | Subpart C—Provisions Applicable Only to Federal Agencies | § 140.51 Scope. | NRC | This subpart applies only to persons found by the Commission to be Federal agencies, which have applied for or are holders of licenses issued pursuant to part 50 of this chapter authorizing operation of nuclear reactors. Federal agencies are not required to furnish financial protection. | |||||
| 10:10:2.0.1.1.21.3.134.2 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | C | Subpart C—Provisions Applicable Only to Federal Agencies | § 140.52 Indemnity agreements. | NRC | [27 FR 2885, Mar. 29, 1962, as amended at 33 FR 15999, Oct. 31, 1968] | (a) The Commission will execute and issue agreements of indemnity with each Federal agency subject to this subpart pursuant to the regulations in this part or such other regulations as may be issued by the Commission. Such agreements, as to any licensee, shall be effective on: (1) The effective date of the license (issued pursuant to part 50 of this chapter) authorizing the licensee to operate the nuclear reactor involved; or (2) The effective date of the license (issued pursuant to part 70 of this chapter) authorizing the licensee to possess and store special nuclear material at the site of the nuclear reactor for use as fuel in operation of the nuclear reactor after issuance of an operating license for the reactor, whichever is earlier. No such agreement, however, shall be effective prior to September 26, 1957. (b)(1) The general form of indemnity agreement to be entered into with licensees subject to this subpart is contained in § 140.94 appendix D. (2) The form of indemnity agreement to be entered into by the Commission with any particular licensee under this subpart shall contain such modifications of the form in § 140.94, as are provided for in applicable licenses, regulations or orders of the Commission. (3) Each licensee who has executed an indemnity agreement under this subpart shall enter into such agreements amending such indemnity agreement as are required by applicable licenses, regulations or orders of the Commission. | ||||
| 10:10:2.0.1.1.21.4.134.1 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | D | Subpart D—Provisions Applicable Only to Nonprofit Educational Institutions | § 140.71 Scope. | NRC | This subpart applies only to applicants for and holders of licenses issued for the conduct of educational activities to persons found by the Commission to be nonprofit educational institutions, except that this subpart does not apply to Federal agencies. Financial protection is not required with respect to licenses issued for the conduct of educational activities to persons found by the Commission to be non-profit educational institutions. | |||||
| 10:10:2.0.1.1.21.4.134.2 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | D | Subpart D—Provisions Applicable Only to Nonprofit Educational Institutions | § 140.72 Indemnity agreements. | NRC | [27 FR 2885, Mar. 29, 1962, as amended at 33 FR 15999, Oct. 31, 1968] | (a) The Commission will execute and issue agreements of indemnity with each non-profit educational institution subject to this subpart pursuant to the regulations in this part or such other regulations as may be issued by the Commission. Such agreements, as to any licensee, shall be effective on: (1) The effective date of the license (issued pursuant to part 50 of this chapter) authorizing the licensee to operate the nuclear reactor involved; or (2) The effective date of the license (issued pursuant to part 70 of this chapter) authorizing the licensee to possess and store special nuclear material at the site of the nuclear reactor for use as fuel in operation of the nuclear reactor after issuance of an operating license for the reactor, whichever is earlier. No such agreement, however, shall be effective prior to September 26, 1957. (b)(1) The general form of indemnity agreement to be entered into with licensees subject to this subpart is contained in § 140.95 appendix E. (2) The form of indemnity agreement to be entered into by the Commission with any particular licensee under this subpart shall contain such modifications of the form in § 140.95 appendix E, as are provided for in applicable licenses, regulations or orders of the Commission. (3) Each licensee who has executed an indemnity agreement under this subpart shall enter into such agreements amending such indemnity agreement as are required by applicable licenses, regulations or orders of the Commission. | ||||
| 10:10:2.0.1.1.21.5.134.1 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | E | Subpart E—Extraordinary Nuclear Occurrences | § 140.81 Scope and purpose. | NRC | [33 FR 15999, Oct. 31, 1968, as amended at 40 FR 8793, Mar. 3, 1975; 72 FR 49565, Aug. 28, 2007] | (a) Scope. This subpart applies to applicants for and holders of licenses authorizing operation of production facilities and utilization facilities, including combined licenses under part 52 of this chapter, and to other persons indemnified with respect to such facilities. (b) Purpose. One purpose of this subpart is to set forth the criteria which the Commission proposes to follow in order to determine whether there has been an “extraordinary nuclear occurrence.” The other purpose is to establish the conditions of the waivers of defenses proposed for incorporation in indemnity agreements and insurance policies or contracts furnished as proof of financial protection. (1) The system is to come into effect only where the discharge or dispersal constitutes a substantial amount of source, special nuclear or byproduct material, or has caused substantial radiation levels offsite. The various limits in present NRC regulations are not appropriate for direct application in the determination of an “extraordinary nuclear occurrence,” for they were arrived at with other purposes in mind, and those limits have been set at a level which is conservatively arrived at by incorporating a significant safety factor. Thus, a discharge or dispersal which exceeds the limits in NRC regulations, or in license conditions, although possible cause for concern, is not one which would be expected to cause substantial injury or damage unless it exceeds by some significant multiple the appropriate regulatory limit. Accordingly, in arriving at the values in the criteria to be deemed “substantial” it is more appropriate to adopt values separate from NRC health and safety regulations, and, of course, the selection of these values will not in any way affect such regulations. A substantial discharge, for purposes of the criteria, represents a perturbation of the environment which is clearly above that which could be anticipated from the conduct of normal activities. The criteria are intended solely for the purposes of administration of the Comm… | ||||
| 10:10:2.0.1.1.21.5.134.2 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | E | Subpart E—Extraordinary Nuclear Occurrences | § 140.82 Procedures. | NRC | [33 FR 15999, Oct. 31, 1968, as amended at 40 FR 8794, Mar. 3, 1975] | (a) The Commission may initiate, on its own motion, the making of a determination as to whether or not there has been an extraordinary nuclear occurrence. In the event the Commission does not so initiate the making of a determination, any affected person, or any licensee or person with whom an indemnity agreement is executed or a person providing financial protection may petition the Commission for a determination of whether or not there has been an extraordinary nuclear occurrence. If the Commission does not have, or does not expect to have, within 7 days after it has received notification of an alleged event, enough information available to make a determination that there has been an extraordinary nuclear occurrence, the Commission will publish a notice in the Federal Register setting forth the date and place of the alleged event and requesting any persons having knowledge thereof to submit their information to the Commission. (b) When a procedure is initiated under paragraph (a) of this section, the Commission will designate members of the principal staff to begin immediately to assemble the relevant information and prepare a report on which the Commission can make its determination. | ||||
| 10:10:2.0.1.1.21.5.134.3 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | E | Subpart E—Extraordinary Nuclear Occurrences | § 140.83 Determination of extraordinary nuclear occurrence. | NRC | [33 FR 15999, Oct. 31, 1968] | If the Commission determines that both of the criteria set forth in §§ 140.84 and 140.85 have been met, it will make the determination that there has been an extraordinary nuclear occurrence. If the Commission publishes a notice in the Federal Register in accordance with § 140.82(a) and does not make a determination within 90 days thereafter that there has been an extraordinary nuclear occurrence, the alleged event will be deemed not to be an extraordinary nuclear occurrence. The time for the making of a determination may be extended by the Commission by notice published in the Federal Register. | ||||
| 10:10:2.0.1.1.21.5.134.4 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | E | Subpart E—Extraordinary Nuclear Occurrences | § 140.84 Criterion I—Substantial discharge of radioactive material or substantial radiation levels offsite. | NRC | [33 FR 15999, Oct. 31, 1968, as amended at 40 FR 8794, Mar. 3, 1975] | The Commission will determine that there has been a substantial discharge or dispersal of radioactive material offsite, or that there have been substantial levels of radiation offsite, when, as a result of an event comprised of one or more related happenings, radioactive material is released from its intended place of confinement or radiation levels occur offsite and either of the following findings are also made: (a) The Commission finds that one or more persons offsite were, could have been, or might be exposed to radiation or to radioactive material, resulting in a dose or in a projected dose in excess of one of the levels in the following table: Total Projected Radiation Doses Exposures from the following types of sources of radiation shall be included: (1) Radiation from sources external to the body; (2) Radioactive material that may be taken into the body from its occurrence in air or water; and (3) Radioactive material that may be taken into the body from its occurrence in food or on terrestrial surfaces. (b) The Commission finds that: (1) Surface contamination of at least a total of any 100 square meters of offsite property has occurred as the result of a release of radioactive material from a production or utilization facility and such contamination is characterized by levels of radiation in excess of one of the values listed in Column 1 or Column 2 of the following table, or (2) Surface contamination of any offsite property has occurred as the result of a release of radioactive material in the course of transportation and such contamination is characterized by levels of radiation in excess of one of the values listed in column 2 of the following table: Total Surface Contamination Levels 1 1 The maximum levels (above background), observed or projected, 8 or more hours after initial deposition. 2 Measured through not more than 7 milligrams per square centimeter of total absorber. | ||||
| 10:10:2.0.1.1.21.5.134.5 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | E | Subpart E—Extraordinary Nuclear Occurrences | § 140.85 Criterion II—Substantial damages to persons offsite or property offsite. | NRC | [33 FR 15999, Oct. 31, 1968] | (a) After the Commission has determined that an event has satisfied Criterion I, the Commission will determine that the event has resulted or will probably result in substantial damages to persons offsite or property offsite if any of the following findings are made: (1) The Commission finds that such event has resulted in the death or hospitalization, within 30 days of the event, of five or more people located offsite showing objective clinical evidence of physical injury from exposure to the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material; or (2) The Commission finds that $2,500,000 or more of damage offsite has been or will probably be sustained by any one person, or $5 million or more of such damage in the aggregate has been or will probably be sustained, as the result of such event; or (3) The Commission finds that $5,000 or more of damage offsite has been or will probably be sustained by each of 50 or more persons, provided that $1 million or more of such damage in the aggregate has been or will probably be sustained, as the result of such event. (b) As used in paragraphs (a) (2) and (3) of this section, “damage” shall be that arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of source, special nuclear, or byproduct material, and shall be based upon estimates of one or more of the following: (1) Total cost necessary to put affected property back into use, (2) Loss of use of affected property, (3) Value of affected property where not practical to restore to use, (4) Financial loss resulting from protective actions appropriate to reduce or avoid exposure to radiation or to radioactive materials. | ||||
| 10:10:2.0.1.1.21.6.134.1 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.87 Violations. | NRC | [57 FR 55080, Nov. 24, 1992] | (a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of— (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order issued pursuant to those Acts. (b) The Commission may obtain a court order for the payment of a civil penalty imposed under section 234 of the Atomic Energy Act: (1) For violations of— (i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Atomic Energy Act of 1954, as amended; (ii) Section 206 of the Energy Reorganization Act; (iii) Any rule, regulation, or order issued pursuant to the sections specified in paragraph (b)(1)(i) of this section; (iv) Any term, condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(i) of this section. (2) For any violation for which a license may be revoked under section 186 of the Atomic Energy Act of 1954, as amended. | ||||
| 10:10:2.0.1.1.21.6.134.10 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.108 Appendix H—Form of indemnity agreement with licensees possessing plutonium for use in plutonium processing and fuel fabrication plants and furnishing proof of financial protection in the form of the licensee's resources. | NRC | [42 FR 53, Jan. 3, 1977, as amended at 42 FR 20142, Apr. 18, 1977; 42 FR 23501, May 9, 1977; 44 FR 20633, Apr. 6, 1979; 44 FR 24045, Apr. 24, 1979; 45 FR 37410, June 3, 1980; 49 FR 11152, Mar. 26, 1984; 54 FR 24161, June 6, 1989] | This Indemnity Agreement No. ______ is entered into by and between ______ (hereinafter referred to as the licensee ) and the United States Nuclear Regulatory Commission (hereinafter referred to as the Commission ) pursuant to subsection 170(c) of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act ), and Section 201 of the Energy Reorganization Act of 1974, as amended. Article I As used in this agreement: 1. Byproduct material, person, source material, special nuclear material, precautionary evacuation, and extraordinary nuclear occurrence shall have the meaning given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission. 2. Amount of financial protection means the amount specified in Item 2 or the Attachment annexed hereto. 3. Nuclear incident means any occurrence including an extraordinary nuclear occurrence, or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material. (b) Any occurrence, including an extraordinary nuclear occurrence of series of occurrences causing bodily injury, sickness, disease or death, or loss or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of i. The radioactive material discharged or dispersed from the location over a period of days, weeks, months or longer and also arising out of such properties of other material defined as the radioactive material in any other agreement or agreements entered into by the Commission under subsection 170(c) or (k) of the Act and so discharged or dispersed from the location as defined in any such other agreement, or ii. The radioactive material in the course of transportation and also arising … | ||||
| 10:10:2.0.1.1.21.6.134.11 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.109 Appendix I. | NRC | [49 FR 11153, Mar. 26, 1984] | Nuclear Energy Liability Insurance Association master policy no. ____ Nuclear Energy Liability Insurance (Secondary Financial Protection) Named Insured: Each person or organization designated in Item 1 of a certificate. Policy Period: Beginning on the first day of August, 1977, and continuing to the effective date and time of the cancellation or other termination of this policy, eastern standard time. Limits of Liability: The amount of retrospective premium actually received by the companies plus the amount of the companies' contingent liability, if any, pursuant to Conditions 2, 3, and 4. Date of Issue Authorized Representative In consideration of the payment of the annual premium, in reliance upon the statements in the certificates and subject to the limits of liability, conditions and other terms of this Master Policy, the undersigned members of Nuclear Energy Liability Insurance Association (hereinafter called the companies ), each for itself, severally and not jointly, and in the respective proportions herein set forth, and the insureds named in the certificates, agree as follows: Insuring Agreements i. nuclear energy liability insurance (Secondary Financial Protection) To pay on behalf of or to the insured or to the insured's workers' compensation carrier all sums payable as excess losses to which this Master Policy applies. ii. definitions Bodily injury means bodily injury, sickness or disease, including death resulting therefrom, sustained by any person. Certificate means a Certificate of Insurance, including Declarations and Bond for Payment of Retrospective Premiums, issued to be a part of this Master Policy. Common nuclear occurrence means any occurrence or series of occurrences causing bodily injury or property damage arising out of the radioactive, toxic, explosive, or other hazardous properties of nuclear material (a) Discharged or dispersed from a nuclear reactor described in Item 3 of a certificate over a period of da… | ||||
| 10:10:2.0.1.1.21.6.134.2 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.89 Criminal penalties. | NRC | [57 FR 55080, Nov. 24, 1992] | (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 140 are issued under one or more of sections 161b, 161i, or 161o, except for the sections listed in paragraph (b) of this section. (b) The regulations in part 140 that are not issued under sections 161b, 161i, or 161o for the purposes of section 223 are as follows: §§ 140.1, 140.2, 140.3, 140.4, 140.5, 140.7, 140.8, 140.9, 140.9a, 140.10, 140.14, 140.16, 140.18, 140.19, 140.20, 140.51, 140.52, 140.71, 140.72, 140.81, 140.82, 140.83, 140.84, 140.85, 140.87, 140.89, 140.91, 140.92, 140.93, 140.94, 140.95, 140.96, 140.107, 140.108, and 140.109. | ||||
| 10:10:2.0.1.1.21.6.134.3 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.91 Appendix A—Form of nuclear energy liability policy for facilities. | NRC | [25 FR 2948, Apr. 7, 1960] | While the text of the policy which follows is exemplary of a contract acceptable to the Commission as evidence of the financial protection required of the licensee by section 170 of the Atomic Energy Act of 1954, as amended, variations on this text submitted by the licensee also will be considered by the Commission in determining whether the licensee meets the financial protection requirements of the Act. The full text of the policy is published solely for the purpose of completeness. Publication of this text should not be construed as a Commission endorsement of any particular provision pertaining solely to the business relationship between the insurers and the insureds or to any other matter not within the Commission's statutory jurisdiction under the Atomic Energy Act. Nuclear Energy Liability Policy (Facility Form) The undersigned members of __________, hereinafter called the “companies,” each for itself, severally and not jointly, and in the respective proportions hereinafter set forth, agree with the insured, named in the declarations made a part hereof, in consideration of the premium and in reliance upon the statements in the declarations and subject to the limit of liability, exclusions, conditions and other terms of this policy; insuring agreements I. Coverage A—Bodily injury and property damage liability. To pay on behalf of the insured: (1) All sums which the insured shall become legally obligated to pay as damages because of bodily injury or property damage caused by the nuclear energy hazard, and the companies shall defend any suit against the insured alleging such bodily injury or property damage and seeking damages which are payable under the terms of this policy; but the companies may make such investigation, negotiation and settlement of any claim or suit as they deem expedient; (2) Costs taxed against the insured in any such suit and interest on any judgment therein; (3) Premiums on appeal bonds and on bonds to release attachments in any such suit, but without obl… | ||||
| 10:10:2.0.1.1.21.6.134.4 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.92 Appendix B—Form of indemnity agreement with licensees furnishing insurance policies as proof of financial protection. | NRC | [26 FR 3457, Apr. 22, 1961] | This indemnity agreement ________ is entered into by and between the ________ (hereinafter referred to as the licensee ) and the United States Nuclear Regulatory Commission (hereinafter referred to as the Commission ) pursuant to subsection 170c of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act ). Article I As used in this agreement, 1. Nuclear reactor, byproduct material, person, source material, special nuclear material, and precautionary evacuation shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission. 2.(a) For facilities designed for producing substantial amounts of electricity and having a rated capacity of 100,000 electrical kilowatts or more, and except when otherwise specifically provided, amount of financial protection means the amount specified in Item 2a. and b. of the Attachment annexed hereto, as modified by paragraph 8, Article II, with respect to common occurrences, and the amount available as secondary financial protection (in the form of private liability insurance available under an industry retrospective rating plan for deferred retrospective premium charges). (b) For all other facilities, and except where otherwise specifically provided, amount of financial protection means the amount specified in Item 2a. and b., of the Attachment annexed hereto, as modified by paragraph 8, Article II, with respect to common occurrences. 3. (a) Nuclear incident means any occurrence including an extraordinary nuclear occurrence or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material. (b) Any occurrence including an extraordinary nuclear occurrence or series of occurrences causing bodily injury, sickness, disease or … | ||||
| 10:10:2.0.1.1.21.6.134.5 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.93 Appendix C—Form of indemnity agreement with licensees furnishing proof of financial protection in the form of licensee's resources. | NRC | [26 FR 3459, Apr. 22, 1961] | This indemnity agreement No. __________ is entered into by and between the ________ (hereinafter referred to as the licensee ) and the United States Nuclear Regulatory Commission (hereinafter referred to as the Commission pursuant to subsection 170(c) of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act ). Article I As used in this agreement, 1. Nuclear reactor, byproduct material, person, source material, special nuclear material, and precautionary evacuation shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission. 2.(a) For facilities designed for producing substantial amounts of electricity and having a rated capacity of 100,000 electrical kilowatts or more, and except where otherwise specifically provided, amount of financial protection means the amount specified in Item 2 of the Attachment annexed hereto, as modified by paragraph 8, Article II, with respect to common occurrences, and the amount available as secondary financial protection (in the form of private liability insurance available under an industry retrospective rating plan providing for deferred retrospective premium charges). (b) For all other facilities, and except where otherwise specifically provided, amount of financial protection means the amount specified in Item 2 of the Attachment annexed hereto, as modified by paragraph 8, Article II, with respect to common occurrences. 3. (a) Nuclear incident means any occurrence including an extraordinary nuclear occurrence or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material. (b) Any occurrence including an extraordinary nuclear occurrence or series of occurrences causing bodily injury, sickness, disease or de… | ||||
| 10:10:2.0.1.1.21.6.134.6 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.94 Appendix D—Form of indemnity agreement with Federal agencies. | NRC | [27 FR 2886, Mar. 29, 1962] | This indemnity agreement No. D______ is entered into by and between the ________ (hereinafter referred to as the licensee ) and the United States Nuclear Regulatory Commission (hereinafter referred to as the Commission ) pursuant to subsection 170(c) of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act ). Article I As used in this agreement, 1. Nuclear reactor, byproduct material, person, source material, special nuclear material, and precautionary evacuation shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission. 2. (a) Nuclear incident means any occurrence including an extraordinary nuclear occurrence or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material. (b) Any occurrence including an extraordinary nuclear occurrence or series of occurrences causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive or other hazardous properties of (i) The radioactive material discharged or dispersed from the location over a period of days, weeks, months or longer and also arising out of such properties of other material defined as the radioactive material in any other agreement or agreements entered into by the Commission under subsection 170(c) or (k) of the Act and so discharged or dispersed from the location as defined in any such other agreement, or (ii) The radioactive material in the course of transportation and also arising out of such properties of other material defined in any other agreement entered into by the Commission pursuant to subsection 170(c) or (k) of the Act as the radioactive material and … | ||||
| 10:10:2.0.1.1.21.6.134.7 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.95 Appendix E—Form of indemnity agreement with nonprofit educational institutions. | NRC | [27 FR 2887, Mar. 29, 1962] | This indemnity agreement No. E-______ is entered into by and between the ________ (hereinafter referred to as the licensee ) and the United States Nuclear Regulatory Commission (hereinafter referred to as the Commission ) pursuant to subsection 170(k) of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act ). Article I As used in this agreement, 1. Nuclear reactor, byproduct material, person, source material, special nuclear material, and precautionary evacuation shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission. 2. (a) Nuclear incident means any occurrence including an extraordinary nuclear occurrence or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material. (b) Any occurrence including an extraordinary nuclear occurrence or series of occurrences causing bodily injury, sickness, disease or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of i. The radioactive material discharged or dispersed from the location over a period of days, weeks, months or longer and also arising out of such properties of other material defined as the radioactive material in any other agreement or agreements entered into by the Commission under subsection 170(c) or (k) of the Act and so discharged or dispersed from the location as defined in any such other agreement; or ii. The radioactive material in the course of transportation and also arising out of such properties of other material defined in any other agreement entered into by the Commission pursuant to subsection 170(c) or (k) of the Act as the radioactive material and which is in the course of transport… | ||||
| 10:10:2.0.1.1.21.6.134.8 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.96 Appendix F—Indemnity locations. | NRC | [72 FR 49565, Aug. 28, 2007] | (a) Geographical boundaries of indemnity locations. (1) In every indemnity agreement between the Commission and a licensee which affords indemnity protection for the preoperational storage of fuel at the site of a nuclear power reactor under construction, the geographical boundaries of the indemnity location will include the entire construction area of the nuclear power reactor, as determined by the Commission. Such area will not necessarily be coextensive with the indemnity location which will be established at the time an operating license or combined license under 10 CFR part 52 is issued for such additional nuclear power reactors. (2) In every indemnity agreement between the Commission and a licensee which affords indemnity protection for an existing nuclear power reactor, the geographical boundaries of the indemnity location shall include the entire construction area of any additional nuclear power reactor as determined by the Commission, built as part of the same power station by the same licensee. Such area will not necessarily be coextensive with the indemnity location which will be established at the time an operating license or combined license is issued for such additional nuclear power reactors. (3) This section is effective May 1, 1973, as to construction permits issued before March 2, 1973, and, as to construction permits and combined licenses issued on or after March 2, 1973, the provisions of this section will apply no later than such time as a construction permit or combined license is issued authorizing construction of any additional nuclear power reactor. (b) [Reserved] (a) Geographical boundaries of indemnity locations. (1) In every indemnity agreement between the Commission and a licensee which affords indemnity protection for the preoperational storage of fuel at the site of a nuclear power reactor under construction, the geographical boundaries of the indemnity location will include the entire construction area of the nuclear power reactor, as determined by the Commission. Suc… | ||||
| 10:10:2.0.1.1.21.6.134.9 | 10 | Energy | I | 140 | PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS | F | Subpart F—Violations | § 140.107 Appendix G—Form of indemnity agreement with licensees processing plutonium for use in plutonium processing and fuel fabrication plants and furnishing insurance policies as proof of financial protection. | NRC | [42 FR 51, Jan. 3, 1977, as amended at 42 FR 20141, Apr. 18, 1977; 44 FR 20633, Apr. 6, 1979; 44 FR 24045, Apr. 24, 1979; 45 FR 37410, June 3, 1980; 49 FR 11152, Mar. 26, 1984; 54 FR 24160, June 6, 1989] | This Indemnity Agreement No. ______ is entered into by and between ______________ (hereinafter referred to as the licensee ) and the United States Nuclear Regulatory Commission (hereinafter referred to as the Commission ) pursuant to subsection 170(c) of the Atomic Energy Act of 1954, as amended (hereinafter referred to as the Act ), and section 201 of the Energy Reorganization Act of 1974, as amended. Article I As used in this agreement: 1. By product material, person, source material, special nuclear material, precautionary evacuation, and extraordinary nuclear occurrence shall have the meaning given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission. 2. Except where otherwise specifically provided, amount of financial protection means the amount specified in Item 2a and b, of the Attachment annexed hereto as modified by paragraph 6, Article II, with respect to common occurrences. 3. (a) Nuclear incident means any occurrence including an extraordinary nuclear occurrence, or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material. (b) Any occurrence, including an extraordinary nuclear occurrence, or series of occurrences causing bodily injury, sickness, disease or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of: (i) The radioactive material discharged or dispersed from the location over a period of days, weeks, months or longer and also arising out of such properties of other material defined as the radioactive material in any other agreement or agreements entered into by the Commission under subsection 170(c) or (k) of the Act and so discharged or disperse… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);