The Convention on Supplementary Compensation for Nuclear Damage (CSC) provides for a global nuclear liability regime assuring prompt and equitable compensation in the event of certain nuclear incidents, and features the creation of an international fund to supplement the amount of compensation available for nuclear damage resulting from such incidents.

Section 934 of the Energy Independence and Security Act of 2007 (EISA) authorizes the Secretary of Energy to issue regulations establishing a retrospective risk pooling program whereby, in the event that the United States must make a contribution to the CSC international fund, United States nuclear suppliers would pay the full cost of this contribution by the United States.  This webpage is designed to provide public access to the written comments and other docket material associated with this proceeding to implement section 934 and will be updated periodically.

Current Events

In February 2018, DOE submitted to Congress its Section 934 Report, available here.  The Section 934 Report was provided in response to subsection 934(e)(2)(C)(iv) of EISA.  The report contains an update on the Department’s activities to implement the requirements of section 934, and an assessment of the need for continuation or amendment of that section, taking into account the potential effects of implementation of the CSC on the United States nuclear industry and suppliers.

Background and Docket Information

On August 3, 2016, DOE published a notice and request for comments on a proposed collection of information that DOE is developing in connection with the CSC rulemaking (Notice of Proposed Information Collection), with comments due by October 3, 2016. The proposed collection of information is intended to gather additional data and information from the nuclear industry needed to support further development of the CSC rulemaking. The proposed information collection instrument and instructions is available here CSC Draft Information Collection Form.  To facilitate the public review process, DOE published the same day notice of a public workshop to discuss the proposed information collection (Notice of Public Workshop on Information Collection).  The public workshop was held at DOE Headquarters in Washington, D.C. on September 16, 2016.  A transcript of the public workshop and the DOE presentation are available here, Transcript of the Public Workshop and CSC Proposed Information Collection Presentation.  Submissions from the public in connection with the workshop are provided here CIGNL Questions, NEI Questions, CIGNL Statement.  

Several entities at the public workshop requested extension of the public comment period.  In addition, DOE received one written request for extension of the public comment period, available here NEI Letter.  DOE has decided to extend the public comment period until November 7, 2016.  A copy of the extension notice sent to the Federal Register is available here Extension Notice.   

For additional information regarding the proposed information collection and the rulemaking, available here is a Frequently Asked Questions document FAQ on Proposed Information Collection.

Public comments received by DOE in response to the Notice of Proposed Information Collection are provided below.

Public Comments on the Proposed Information Collection

On December 10, 2014, DOE General Counsel Steven P. Croley signed a Notice of Proposed Rulemaking (NOPR), which sets forth proposed regulations to establish the retrospective risk pooling program called for under section 934 of EISA (CSC NOPR).  The NOPR was published in the Federal Register on December 17, 2014 (FR CSC NOPR).  After a regulatory action has been completed, Executive Order 12866 requires agencies to identify the substantive changes between the draft submitted to Office of Information and Regulatory Affairs (OIRA) for review and the action subsequently announced, and to identify those changes made at the suggestions or recommendation of OIRA (CSC NOPR  Compare).  

DOE held an information session on the CSC NOPR on January 7, 2015; the DOE presentation is provided here CSC Rulemaking Information Session Presentation, along with the transcript of the information session CSC Transcript of Information Session.  DOE also held a public workshop on the CSC NOPR on February 20, 2015, in Washington, D.C. (CSC NOPR Public Meeting), and received in advance of the workshop questions and topic suggestions from members of the public.  The agenda and transcript for the public workshop are available here Agenda and CSC Workshop Transcript, and submissions from the public in connection with the workshop are provided below.  DOE received several requests for extension of the public comment period on the NOPR.  Those requests are also available below, and the Federal Register copy of the notice of extension of the public comment period to April 17, 2015 is available here Notice of Extension.

Public comments received by DOE in response to the NOPR are provided below.

Public Comments on the NOPR

Requests for Extension of Public Comment Period on the NOPR

Public Submissions in Connection with the Public Workshop on February 20, 2015

The NOPR was preceded by a Notice of Inquiry (NOI) issued by the DOE General Counsel in July 2010.  The NOI was issued to solicit comments from nuclear suppliers, nuclear insurance providers, and other stakeholders on the development of regulations to implement section 934.  The period for submitting comments on the NOI was extended to October 27, 2010 (first NOI), and a second time to November 30, 2010 (second NOI).  In addition, summaries of meetings with individual commenters who provided further input are available at the Ex-Parte Communications page.
 
Public Comments in Response to the NOI