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DOE/OAM RIN: 1991-AC10 Publication ID: Fall 2016 
Title: DOE Acquisition Regulation--Nuclear Hazards Indemnity 

This rulemaking amends the DOE Acquisition Regulation to revise DEAR Clause 952.250-70, Nuclear Hazards Indemnity Agreement (JUN 1996), necessary to conform the clause to the Price Anderson Amendments Act of 2005. The Price-Anderson Act (PAA) resides at section 170 of the Atomic Energy Act of 1954, as amended (AEA). The Price-Anderson Act at section 170(d) indemnifies DOE’s contractors and subcontractors under contracts that involve a risk of public liability for a nuclear incident, as defined in the AEA. The indemnification provides a structure that assures that monies are readily available to remedy damage to the public that may occur as the result of a nuclear incident. The indemnity applies as matter of right, not dependent upon contractual implementation. Currently, DOE has a deviation to the DEAR clause implementing the requirements of the PAA, this rule revises the DEAR to conform to the PAA.

Agency: Department of Energy(DOE)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 48 CFR 950    48 CFR 952   
Legal Authority: 42 U.S.C. 7101 et seq.    42 U.S.C. 2210 et seq.    50 U.S.C. 2401 et seq.   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/00/2017 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Mike Dombrowski
Procurement Analyst, Acquisition Management, MA-611
Department of Energy
Office of Acquisition Management
Department of Energy, 1000 Independence Avenue SW.,
Washington, DC 20585
Phone:202 287-1828