10 C.F.R. § 140.72

Indemnity agreements

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(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.

[27 FR 2885, Mar. 29, 1962, as amended at 33 FR 15999, Oct. 31, 1968]

Notes of Decisions

Cited in 2 cases, 2002–2017 · leading case: Est. of Ware Ex Rel. Boyer v. Hosp. of the Univ. of Pennsylvania, 871 F.3d 273 (3rd Cir. 2017).

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Est. of Ware Ex Rel. Boyer v. Hosp. of the Univ. of Pennsylvania, 871 F.3d 273 (3rd Cir. 2017). “See 10 C.F.R. § 140.72 . But the existence of regulations specifying requirements for institutions with reactors does not imply that those without them are somehow exempt from the Act entirely.”

Sweet v. United States, 53 Fed. Cl. 208 (Fed. Cl. 2002). “2884 (March 29, 1962); 10 C.F.R. §§ 140.72 & 140.79 (1963). This form indemnity agreement contained some of the key provisions at issue in this case.”

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