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This entry was published on 2014-09-22
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SECTION 1005-A
Actions or contracts involving certain nuclear power plants
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 1
§ 1005-a. Actions or contracts involving certain nuclear power plants.
Whenever the authority undertakes or executes any action or contract
involving the closure, maintenance, decommissioning or conversion of any
nuclear power plant constructed by a utility corporation which has not
entered commercial operation, the authority shall, in order to ensure
that neither the authority nor its customers shall bear any of the costs
associated therewith, provide for the full recovery from such
corporation, its successors or assigns of:

(a) all direct and indirect costs and expenses incurred by the
authority in connection with such actions or contracts;

(b) all direct and indirect costs incurred by the authority in
connection with damages to third parties resulting from any actions of
the authority in connection with such actions or contracts; provided,
however, that the authority shall not be indemnified against damages for
gross negligence or willful misconduct; and

(c) all damages incurred by the authority in connection with such
actions or contracts other than damages resulting from its gross
negligence or willful misconduct.

In no event shall the authority recover any costs or damages related
to such actions or contracts from any of its customers other than such
corporation its successors or assigns.