WorldWideScience

Sample records for superfund liability risks

  1. Assets, liabilities and risks

    OpenAIRE

    R. Thomson

    2014-01-01

    Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment) of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

  2. Assets, liabilities and risks

    Directory of Open Access Journals (Sweden)

    R. Thomson

    2014-01-01

    Full Text Available Financial economists and actuaries do not always talk the same language. One particular difference of concern to actuaries is the method of treatment (or non-treatment of the liabilities of an investor in the portfolio selection problem. Another difference relates to the way in which liabilities are valued. In this paper, these differences are discussed and possible way forward are suggested.

  3. Superfund Query

    Data.gov (United States)

    U.S. Environmental Protection Agency — The Superfund Query allows users to retrieve data from the Comprehensive Environmental Response, Compensation, and Liability Information System (CERCLIS) database.

  4. Liability for the nuclear risk

    International Nuclear Information System (INIS)

    Faure, M.; Govaerts, P.; Malbrain, C.; Veuchelen, L.; Spriet, B.

    1993-01-01

    Results of a cooperative research project on the juridical aspects of nuclear risk (criminal, civil and administrative aspects), according to the Belgian and Dutch laws, are presented. In this multi-disciplinary project also attention is paid to the economic impacts and positive-scientific aspects of the nuclear risk regarding radioactive waste problems and nuclear accidents. The liability for and the decision-making regarding the site selection of nuclear power plants is dealt with as well. 9 figs., 23 tabs., 198 refs

  5. Human Health Toxicity Values in Superfund Risk Assessments

    Science.gov (United States)

    This memorandum revises the hierarchy of human health toxicity values generally recommended for use inr isk assessments, originally presented in Risk Assessment Guidance for Superfund Volume I, Part A.

  6. Radiological risks and civil liability

    International Nuclear Information System (INIS)

    Miller, C.E.

    1989-01-01

    In this paper, attention is first concentrated on the substantive issue of nuclear safety-a matter on which, Friends of the Earth claimed, the Secretary of State had misdirected himself in law. The Court of Appeal's interpretation of a central element of the Nuclear Installations Act 1965 implies certain inherent problems associated with the law relating to compensation for radiation-induced injury. These problems-on the nature of causation and strict liability-are such that they cannot be solved by simple reform of current law and, it is further argued, extra-legal means of compensating those affected by radiation (and other environmental agents) are required. Before attempting to justify this assertion, it is necessary to examine the substance of the judgement in more detail. First the nature of acceptable risk is considered from absolutist and probabalistic viewpoints. The permitted discharges are reviewed followed by a discussion of the accidental discharges of radioactivity into the environment. Incidents at BNFL's Sellafield site are listed. Genetic risks are also considered. The notion of strict liability is discussed for radiation-induced injury, and an alternative approach of increased social security payments financed in part by those organisations discharging radioactivity into the environment is considered. (author)

  7. Radiological risks and civil liability

    Energy Technology Data Exchange (ETDEWEB)

    Miller, C.E. (Salford Univ. (UK). Environmental Health and Housing Div.)

    1989-01-01

    In this paper, attention is first concentrated on the substantive issue of nuclear safety-a matter on which, Friends of the Earth claimed, the Secretary of State had misdirected himself in law. The Court of Appeal's interpretation of a central element of the Nuclear Installations Act 1965 implies certain inherent problems associated with the law relating to compensation for radiation-induced injury. These problems-on the nature of causation and strict liability-are such that they cannot be solved by simple reform of current law and, it is further argued, extra-legal means of compensating those affected by radiation (and other environmental agents) are required. Before attempting to justify this assertion, it is necessary to examine the substance of the judgement in more detail. First the nature of acceptable risk is considered from absolutist and probabalistic viewpoints. The permitted discharges are reviewed followed by a discussion of the accidental discharges of radioactivity into the environment. Incidents at BNFL's Sellafield site are listed. Genetic risks are also considered. The notion of strict liability is discussed for radiation-induced injury, and an alternative approach of increased social security payments financed in part by those organisations discharging radioactivity into the environment is considered. (author).

  8. Roadway related tort liability and risk management.

    Science.gov (United States)

    2010-06-01

    This workbook provide government employees background information related to tort liability and risk management. Past experience with lawsuits against government entities are summarized. The reasons for the lawsuits and results are analyzed. The obje...

  9. Comprehensive Environmental Response, Compensation, and Liability Act, as amended by the Superfund Amendments and Reauthorization Act Section 120(e)(5)

    International Nuclear Information System (INIS)

    1992-05-01

    The US Department of Energy (DOE) is committed to conducting its operations. In a safe and environmentally sound manner. High priorities for the Department are identifying and correcting environmental problems at DOE facilities that resulted from past operations, and preventing environmental problems from occurring during present and future operations. In this regard, the Department is committed to the 30-year goal of cleanup of all facilities by the year 2019. DOE has issued an Order and guidance establishing policy and procedures for activities conducted under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended by the Superfund Amendments and Reauthorization Act (SARA), and has developed a Five-Year Plan, updated annually, that integrates planing for corrective activities, environmental restoration, and waste management operations at its facilities. During Calendar Year 1991 and early 1992, DOE made significant progress in reaching agreements with regulatory entities, undertaking cleanup actions, and initiating preventive measures designed to eliminate future environmental problems. These accomplishments are described

  10. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 104(k); and CERCLA Section 104(d); ‘‘ ‘Discounted Loans’ Under Brownfields Revolving Loan Fund Grants’

    Science.gov (United States)

    Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund, Section 104(k); and CERCLA Section 104(d); ‘‘ ‘Discounted Loans’ Under Brownfields Revolving Loan Fund Grants’`

  11. Superfund risk assessment in soil contamination studies

    International Nuclear Information System (INIS)

    Hoddinott, K.B.

    1992-01-01

    This symposium was held in New Orleans, Louisiana on January 30-31, 1991. The purpose of the meeting was to provide a forum for exchange of information on risk assessment associated with soil contamination. The conference included presentations in the following categories: site characterization; fate and transport; toxicity, exposures, and receptors; risk characterization/case studies; and establishing cleanup levels. Individual papers have been cataloged separately for inclusion in the appropriate data bases

  12. SITE COMPREHENSIVE LISTING (CERCLIS) (Superfund)

    Data.gov (United States)

    U.S. Environmental Protection Agency — The Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) (Superfund) Public Access Database contains a selected set of...

  13. Risk management and liability for environmental harm caused by ...

    African Journals Online (AJOL)

    This calls for the existence of a liability regime that will place some legal responsibility on the party responsible for the harm. This paper assesses the South African regulatory framework of relevance to GMOs, which is composed of a fragmented set of laws that deals with risk assessment, risk management and liability for ...

  14. Issuance of Final Guidance: Ecological Risk Assessment and Risk Management Principles for Superfund Sites, October 7, 1999

    Science.gov (United States)

    This guidance is intended to help Superfund risk managers make ecological risk management decisions that are based on sound science, consistent across Regions, and present a characterization of site risks that is transparent to the public.

  15. Liability for Unknown Risks: A Law and Economics Perspective

    NARCIS (Netherlands)

    M.G. Faure (Michael); L.T. Visscher (Louis); F. Weber (Franziska)

    2017-01-01

    textabstractIn the law and economics literature liability is generally regarded as an instrument which provides potential tortfeasors with incentives for optimal care taking. The question, however, arises whether liability can still provide those incentives when risks are unknown. That is the

  16. SITE COMPREHENSIVE LISTING (CERCLIS) (Superfund) - NPL Sites

    Data.gov (United States)

    U.S. Environmental Protection Agency — National Priorities List (NPL) Sites - The Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) (Superfund) Public Access...

  17. CERCLIS (Superfund) ASCII Text Format - CPAD Database

    Data.gov (United States)

    U.S. Environmental Protection Agency — The Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) (Superfund) Public Access Database (CPAD) contains a selected set...

  18. Superfund impasse

    International Nuclear Information System (INIS)

    Dowd, R.M.

    1988-01-01

    EPA recently reported to Congress on the status of the Superfund program. A review of the report reveals that Superfund is a costly, slow-moving juggernaut that consumes an ever-growing share of resources and threatens to overwhelm other, more pressing environmental issues. EPA was given a broad mandate to clean up hazardous-waste sites when Congress enacted the Comprehensive Environmental Response. Compensation, and Liability Act in 1980 and established a $1.6 billion appropriation for a Superfund. In 1986 Congress extended the program for another five years and added $8.5 billion to complete the job-an overly optimistic estimate, as we shall see. Superfund is a huge program; the inventory of potentially hazardous waste sites is large and growing quickly. By the end of fiscal year 1987, EPA's inventory listed 27,571 hazardous-waste sites,and this number is increasing steadily at a rate of about 2500 each year. The General Accounting Office suggests that there may be as many as 150,000 such sites

  19. They're Suing Us? Liability and Risk Management.

    Science.gov (United States)

    Hollander, Patricia A.

    1982-01-01

    Legal issues in liability for and prevention of injuries through negligence are discussed: proving negligence, who is owed a duty of care, who may be sued, remedies, risk management (shifting risk, insurance, indemnification, waivers and releases), and preventing claims (warning of known danger, proper supervision, school maintenance, security,…

  20. Criminal Liability of Managers for Excessive Risk-Taking?

    NARCIS (Netherlands)

    Tosza, S.T.

    2016-01-01

    The aim of the thesis was to analyse and evaluate the criminalisation of excessively risky decisions taken by managers of limited liability companies. The potentially disastrous consequences of excessive risk-taking were powerfully highlighted by the most recent financial crunch, although its

  1. Restoration principles and criteria: superfund program policy for cleanup at radiation contaminated sites

    International Nuclear Information System (INIS)

    Walker, Stuart

    2006-01-01

    The Environmental Protection Agency (EPA) Office of Superfund Remediation and Technology Innovation (OSRTI) is responsible for implementing the long-term (non-emergency) portion of a key U.S. law regulating cleanup: the Comprehensive Environmental Response, Compensation and Liability Act, CERCLA, nicknamed 'Superfund'. The purpose of the Superfund program is to protect human health and the environment over the long term from releases or potential releases of hazardous substances from abandoned or uncontrolled hazardous waste sites. The focus of this paper is on Superfund, including how radiation is addressed by the Superfund program. This paper provides a brief overview of the approach used by EPA to conduct Superfund cleanups at contaminated sites, including those that are contaminated with radionuclides, to ensure protection of human health and the environment. The paper addresses how EPA Superfund determines if a site poses a risk to human health and the framework used to determine cleanup levels. The theme emphasized throughout the paper is that within the Superfund remediation framework, radioactive contamination is dealt with in a consistent manner as with chemical contamination, except to account for the technical differences between radionuclides and chemicals. This consistency is important since at every radioactively contaminated site being addressed under Superfund's primary program for long-term cleanup, the National Priorities List (NPL), chemical contamination is also present. (author)

  2. Insurer risk control and nuclear liability

    Energy Technology Data Exchange (ETDEWEB)

    DeMerchant, C. [Nuclear Insurance Association of Canada, Toronto, ON (Canada)

    2015-07-01

    We specialize in high quality insurance risk management, underwriting and inspections for Canadian nuclear exposures. We provide true risk transfer, secure insurance capacity and collaborate with the world's nuclear experts to create innovative domestic solutions for our clients and members. The benefit of our experience works for all stake holders: insured clients, members, multi-level government agencies and all Canadians. NIAC has a 55-year history of partnering with insurers around the globe to create reliable risk management for the nuclear industry. We offer Canadian risk solutions, thought leadership and expertise that provides security and confidence to our customers and members. NIAC leads in the areas of nuclear insurance law, good governance and claims administration to create a true Centre of Excellence.

  3. Insurer risk control and nuclear liability

    International Nuclear Information System (INIS)

    DeMerchant, C.

    2015-01-01

    We specialize in high quality insurance risk management, underwriting and inspections for Canadian nuclear exposures. We provide true risk transfer, secure insurance capacity and collaborate with the world's nuclear experts to create innovative domestic solutions for our clients and members. The benefit of our experience works for all stake holders: insured clients, members, multi-level government agencies and all Canadians. NIAC has a 55-year history of partnering with insurers around the globe to create reliable risk management for the nuclear industry. We offer Canadian risk solutions, thought leadership and expertise that provides security and confidence to our customers and members. NIAC leads in the areas of nuclear insurance law, good governance and claims administration to create a true Centre of Excellence.

  4. Endorsement liability: putting your good name at risk.

    Science.gov (United States)

    Aicher, R H

    2001-07-01

    Endorsements designed to sell products are most effective when the endorser is a celebrity or an expert. If such endorsements contain misrepresentations, the endorser risks personal liability. For products related to health and safety, endorsements are subject to evaluation by reliable independent sources. In a number of high-profile cases, the Federal Trade Commission determined that endorsers must have a reasonable basis for their representations. (Aesthetic Surg J 2001;21:373-374.).

  5. The allocation of liability for nuclear risks - the UK standpoint

    International Nuclear Information System (INIS)

    Jenkin, J.W.L.

    1983-01-01

    While nuclear legislation in most countries channels liability for nuclear damage solely to the operator of a nuclear installation, contractors supplying equipment and services in the United Kingdom and abroad may be liable for nuclear risks in certain circumstances. This paper discusses the risks for which a contractor may be held liable and the uncertainties in their respect. It also suggests some steps that can be taken to ensure that such risks are borne by those who can most readily bear them. (NEA) [fr

  6. SITE COMPREHENSIVE LISTING (CERCLIS) - Contaminants at CERCLIS (Superfund) Sites

    Data.gov (United States)

    U.S. Environmental Protection Agency — Contaminants at Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) (Superfund) Sites - The CERCLIS Public Access Database...

  7. SITE COMPREHENSIVE LISTING (CERCLIS) (Superfund) - Responsible Parties at CERCLIS Sites

    Data.gov (United States)

    U.S. Environmental Protection Agency — Responsible Parties at CERCLIS Sites - The Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) (Superfund) Public Access...

  8. SITE COMPREHENSIVE LISTING (CERCLIS) (Superfund) - Non-NPL Sites

    Data.gov (United States)

    U.S. Environmental Protection Agency — Non-NPL Sites - The Comprehensive Environmental Response, Compensation and Liability Information System (CERCLIS) (Superfund) Public Access Database contains a...

  9. Liability for the nuclear risk; Aansprakelijkheid voor het nucleaire risico

    Energy Technology Data Exchange (ETDEWEB)

    Faure, M. [ed.] [Rijksuniversiteit Limburg, Maastricht (Netherlands); Govaerts, P.; Malbrain, C.; Veuchelen, L. [Centre d`Etude de l`Energie Nucleaire, Mol (Belgium); Spriet, B. [Katholieke Univ. Leuven (Belgium). Inst. voor Strafrecht; Heldeweg, M.; Hertogs, M.; Van Maanen, G.; De Roos, T.; Seerden, R. [Maastrichts Europees Instituut voor Transnationaal Rechtswetenschappelijk Onderzoek METRO, Rijksuniversiteit Limburg, Maastricht (Netherlands)

    1993-12-31

    Results of a cooperative research project on the juridical aspects of nuclear risk (criminal, civil and administrative aspects), according to the Belgian and Dutch laws, are presented. In this multi-disciplinary project also attention is paid to the economic impacts and positive-scientific aspects of the nuclear risk regarding radioactive waste problems and nuclear accidents. The liability for and the decision-making regarding the site selection of nuclear power plants is dealt with as well. 9 figs., 23 tabs., 198 refs.

  10. Nuclear risk and optimal civil liability of the operator

    International Nuclear Information System (INIS)

    Schmitt, Andre; Spaeter, Sandrine

    2007-01-01

    The civil liability of nuclear operators are regulated by two sets of international Conventions. In particular, strict liability, limited financial responsibility and the obligation of providing financial guaranties are imposed to the nuclear operator by the Paris Convention and the Vienna Convention. Then national legislations are free to increase the financial cap of responsibility fixed by the international regimes. First we present the main elements of these Conventions. Then we focus on the impact of a modification in the amount of responsibility of the nuclear operator on his risk mitigation policy and on his financial condition. In particular we show that an increase of the cap beyond a given level determined by the model gives the operator some incentives to lessen the investment in prevention, contrary to what is expected. Besides, the impact of the preventive activities done by the firm on its financial constraint depends on the sensitivity of the risk distribution to the variation of the prevention level: The risk mitigation activities must be discussed with respect to the severity of the incidents and/or to the size of the nuclear park

  11. Liability-driven investment in longevity risk management

    OpenAIRE

    Helena Aro; Teemu Pennanen

    2013-01-01

    This paper studies optimal investment from the point of view of an investor with longevity-linked liabilities. The relevant optimization problems rarely are analytically tractable, but we are able to show numerically that liability driven investment can significantly outperform common strategies that do not take the liabilities into account. In problems without liabilities the advantage disappears, which suggests that the superiority of the proposed strategies is indeed based on connections b...

  12. Radiation risk in the context of liability for injury

    International Nuclear Information System (INIS)

    Riley, Peter

    2003-01-01

    It is perceived by the man in the street that low-level radiation from a nuclear facility is more dangerous than that from other practices. The radiation protection system, in particular the ALARA principle, leads to concerns that even the smallest exposure to radiation is abnormal and dangerous. Public perception of the radiation risk leads to fear in the minds of the public. A consequence of this fear itself may be damage to health in the form of psychological damage or nervous shock. The paper draws attention to the liability for damages by radiation, in particular under the common law of the UK and US, and how liability, determined by the court, is not necessarily influenced by scientific rationality. A natural conclusion may be that a claimant suffering injury of the type caused by radiation and who had been exposed to radiation, no matter how small a dose, that could be shown to come from a nuclear installation would be awarded damages against the licensee of the site of the installation unless it could be shown that the injury was predominantly caused by another source (radioactive or otherwise)

  13. Superfund Sites

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — This layer represents active Superfund Sites published by the Environmental Protection Agency (EPA). These data were extracted from the Superfund Enterprise...

  14. Making decisions about liability and insurance a special issue of the journal of risk and uncertainty

    CERN Document Server

    Kunreuther, Howard

    1993-01-01

    Two related trends have created novel challenges for managing risk in the United States. The first trend is a series of dramatic changes in liability law as tort law has expanded to assign liability to defendants for reasons other than negligence. The unpredictability of future costs induced by changes in tort law may be partly responsible for the second major trend known as the `liability crisis' - the disappearance of liability protection in markets for particularly unpredictable risks. This book examines decisions people make about insurance and liability. An understanding of such decision making may help explain why the insurance crisis resulted from the new interpretations of tort law and what to do about it. The articles cover three kinds of decisions: consumer decisions to purchase insurance; insurer decisions about coverage they offer; and the decisions of the public about the liability rules they prefer, which are reflected in legislation and regulation. For each of these three kinds of decisions, no...

  15. Restoration principles and criteria: Superfund programme policy for cleanup at radiation contaminated sites

    International Nuclear Information System (INIS)

    Shapiro, M.

    2000-01-01

    The Environmental Protection Agency (EPA) Office of Solid Waste and Emergency Response is responsible for implementing two key US laws regulating waste management and cleanup: the Resource Conservation and Recovery Act, and the Comprehensive Environmental Response, Compensation and Liability Act, CERCLA, nicknamed ''Superfund''. The purpose of the Superfund programme is to protect human health and the environment over the long term from releases or potential releases of hazardous substances from abandoned or uncontrolled hazardous waste sites. The focus of this paper is on Superfund, including how radiation is addressed by the Superfund programme. This paper provides a brief overview of the approach used by EPA to conduct Superfund cleanups at contaminated sites, including those that are contaminated with radionuclides, to ensure protection of human health and the environment. The paper addresses how EPA Superfund determines if a site poses a risk to human health and the framework used to determine cleanup levels. The theme emphasized throughout the paper is that within the Superfund remediation framework, radioactive contamination is dealt with in the identical way as chemical contamination. (author)

  16. On using residual risk to assess the cost effectiveness and health protectiveness of remedy selection at superfund sites

    International Nuclear Information System (INIS)

    Katsumata, Peter T.; Kastenberg, William E.

    1998-01-01

    This article examines the importance of determining residual risk and its impact on remedy selection at Superfund Sites. Within this examination, risks are assessed using probabilistic models that incorporate the uncertainty and variability of the input parameters, and utilize parameter distributions based on current and applicable site-specific data. Monte Carlo methods are used to propagate these uncertainties and variabilities through the risk calculations resulting in a distribution for the estimate of both risk and residual risk. Such an approach permits an informed decision based on a broad information base which involves considering the entire uncertainty distribution of risk rather than a point estimate for each exposure scenario. Using the probabilistic risk estimates, with current and applicable site-specific data, alternative decisions regarding cleanup are obtained for two Superfund Sites

  17. Estimating risk at a Superfund site contaminated with radiological and chemical wastes

    International Nuclear Information System (INIS)

    Temeshy, A.; Liedle, J.M.; Sims, L.M.; Efird, C.R.

    1992-01-01

    This paper describes the method and results for estimating carcinogenic and noncarcinogenic effects at a Superfund site that is radiologically and chemically contaminated. Risk to receptors from disposal of waste in soil and resulting contamination of groundwater, air, surface water, and sediment is quantified. Specific risk assessment components which are addressed are the exposure assessment, toxicity assessment, and the resulting risk characterization. In the exposure assessment, potential exposure pathways are identified using waste disposal inventory information for soil and modeled information for other media. Models are used to calculate future radionuclide concentrations in groundwater, soil, surface water and air. Chemical exposure concentrations are quantified using site characterization data. Models are used to determine concentrations of chemicals in surface water and in air. Toxicity parameters used to quantify the dose-response relationship associated with the carcinogenic contaminants are slope factors and with noncarcinogenic contaminants are reference doses. In the risk characterization step, results from the exposure assessment and toxicity assessment are summarized and integrated into quantitative risk estimates for carcinogens and hazard induces for noncarcinogens. Calculated risks for carcinogenic contaminants are compared with EPA's target risk range. At WAG 6, the risk from radionuclides and chemicals for an on-WAG homesteader exceeds EPA's target risk range. Hazard indices are compared to unity for noncarcinogenic contaminants. At WAG 6, the total pathway hazard index for the on-WAG homesteader exceeds unity

  18. Key Principles of Superfund Remedy Selection

    Science.gov (United States)

    Guidance on the primary considerations of remedy selection which are universally applicable at Superfund sites. Key guidance here include: Rules of Thumb for Superfund Remedy Selection and Role of the Baseline Risk Assessment.

  19. Superfund Removal Site Points, Region 9, 2012, US EPA Region 9

    Data.gov (United States)

    U.S. Environmental Protection Agency — Point geospatial dataset representing locations of CERCLA (Superfund) Removal sites. CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act)...

  20. Liability and insurance of nuclear accident risk the swiss regulation in perspective

    International Nuclear Information System (INIS)

    Umbricht, R.; Zweifel, P.

    1998-01-01

    In this paper we argue that compulsory insurance of nuclear liability should be extended. Most countries have explicit limitations of operators' liability, which also lie at the heart of international conventions. Moreover, there are implicit limitations imposed by operators' inability to pay where unlimited and strict liability applies. These limitations result in static and dynamic inefficiencies because they allow nuclear plant operators to eschew the risk costs of a severe nuclear accident. Extension of compulsory insurance, however, will exacerbate problems of market failure in insurance: National insurance pools have monopolized the business and are expected to exercise market power. Furthermore, their capacity may fall short of required coverage. Bringing in capital market investors can alleviate these problems. Nuclear liability insurance data from Switzerland provides statistical evidence in support of our main points. (authors)

  1. Minimizing liability risks under the ACMG recommendations for reporting incidental findings in clinical exome and genome sequencing

    Science.gov (United States)

    Evans, Barbara J.

    2014-01-01

    Recent recommendations by the American College of Medical Genetics and Genomics (ACMG) for reporting incidental findings present novel ethical and legal issues. This article expresses no views on the ethical aspects of these recommendations and focuses strictly on liability risks and how to minimize them. The recommendations place labs and clinicians in a new liability environment that exposes them to intentional tort lawsuits as well to traditional suits for negligence. Intentional tort suits are especially troubling because of their potential to inflict ruinous personal financial losses on individual clinicians and laboratory personnel. This article surveys this new liability landscape and describes analytical approaches for minimizing tort liabilities. To a considerable degree, liability risks can be controlled by structuring activities in ways that make future lawsuits nonviable before the suits ever arise. Proactive liability analysis is an effective tool for minimizing tort liabilities in connection with the testing and reporting activities that the ACMG recommends. PMID:24030435

  2. Minimizing liability risks under the ACMG recommendations for reporting incidental findings in clinical exome and genome sequencing.

    Science.gov (United States)

    Evans, Barbara J

    2013-12-01

    Recent recommendations by the American College of Medical Genetics and Genomics (ACMG) for reporting incidental findings present novel ethical and legal issues. This article expresses no views on the ethical aspects of these recommendations and focuses strictly on liability risks and how to minimize them. The recommendations place labs and clinicians in a new liability environment that exposes them to intentional tort lawsuits as well to traditional suits for negligence. Intentional tort suits are especially troubling because of their potential to inflict ruinous personal financial losses on individual clinicians and laboratory personnel. This article surveys this new liability landscape and describes analytical approaches for minimizing tort liabilities. To a considerable degree, liability risks can be controlled by structuring activities in ways that make future lawsuits nonviable before the suits ever arise. Proactive liability analysis is an effective tool for minimizing tort liabilities in connection with the testing and reporting activities that the ACMG recommends.

  3. Superfund TIO videos: Set A. Settlement tools and practices, win-win negotiations, closeout, records management, authorities and liabilities. Part 5. Audio-Visual

    International Nuclear Information System (INIS)

    1990-01-01

    The videotape is divided into 5 sections. Section 1 provides an overview of settlement activities including conducting an information exchange, issuing general notice letters, initiating special notice procedures, receiving good faith offers (GFO), negotiating and settlements, and pursuing enforcement actions. Section 2 covers the types of negotiations that commonly involve OSCs and RPMs. The characteristics of a negotiating style that satisfy all the parties as well as methods for preparing and conducting this type of negotiation are outlined. Section 3 deals with post-removal site control arrangements and other closeout requirements for a removal site, such as completing necessary paperwork. The remedial project closeout procedures also are covered, including the remedial closeout report, operation and maintenance (O ampersand M) arrangements, transfer of site responsibility, and deletion from the National Priorities List (NPL). Section 4 discusses the purpose, procedures, roles and responsibilities associated with records management under Superfund. Section 5 outlines the response authority provided by CERCLA to OCSs and RPMs

  4. Default risk, bankruptcy procedures and the market value of life insurance liabilities

    NARCIS (Netherlands)

    Chen, A.; Suchanecki, M.

    2007-01-01

    The topic of insolvency risk in connection with life insurance companies has recently attracted a great deal of attention. In this paper, the question is investigated of how the values of the equity and of the liability of a life insurance company are affected by the default risk and the choice of

  5. Liability for wrongful terminations: are hospitals at risk?

    Science.gov (United States)

    Hames, D S

    1991-01-01

    This article examines the extent to which the three principal exceptions to the common-law doctrine of employment-at-will--namely the public policy, implied contract, and good faith and fair dealing exceptions--have been recognized in hospital termination cases. State supreme court and appellate court cases are analyzed to illustrate the type of conduct that precipitated wrongful termination claims against hospitals during the 1980s, how the courts disposed of these claims, and the rationale underlying their decisions. Suggestions, based on these and related cases, for avoiding or at least minimizing liability for wrongfully terminating hospital employees, are presented.

  6. Correlates of MSW Students’ Perceptions of Preparedness to Manage Risk and Personal Liability

    Directory of Open Access Journals (Sweden)

    Michael N. Kane

    2002-12-01

    Full Text Available Few studies in the discipline of social work have identified correlates of preparedness to manage risk and personal liability among practitioners or students. This study investigated predictors of MSW students’ perceptions of managing personal risk and liability (N=116. Four correlates were identified from the standard regression model that accounts for 43% of the adjusted variance. These predictor variables included: (a concern and worry about lawsuits (Beta=-.458, p=.00, (b understanding the fit between client advocacy and managed care (Beta=.328,p=.00, (c understanding agency documentation requirements (Beta=-.164, p=.05, and (d perceptions of field preparation for documentation (Beta=.162, p=.05. Implications are discussed.

  7. Impact of hazardous waste risks and liabilities on the contracting process

    International Nuclear Information System (INIS)

    Gleason, G.L.

    1991-01-01

    Hazardous waste risks include the following: (1) An emerging environmental cleanup industry that differs significantly from traditional engineering; (2) The inability to predict and control the subsurface environment; (3) The implementation of new and often untested technologies; (4) The statutory imposition of strict, joint and several, as well as retroactive, liability; (5) The lack of insurance and other risk-transfer mechanisms to protect against losses; (6) Costly and time consuming litigation to determine liability; and (7) Others. The liabilities associated with the risks inherent in hazardous waste cleanup directly impact hazardous waste contracting. Contract negotiations become onerous during discussions of liability, indemnification, and issues surrounding scope of work and other clauses. Other impacts include (1) Defensive engineering; (2) Lack of incentive to implement innovative technologies; (3) Increased costs to cover risks. Required client indemnification is a necessary and responsible risks management practice, regardless of whether the client is a federal or private client. Federal government indemnification authorities, as well as private contract indemnification mechanisms, will be explained and analyzed. Conflict of interest concerns are also of critical importance in the hazardous waste market, particularly due to concerns over the complexity of the litigation surrounding hazardous waste sites and the need to ensure unbiased results. Other examples of hazardous waste risk management impacts on contracting in the following market sectors will also be provided: (1) U.S. Environmental Protection Agency; (2) Department of Defense; (3) Department of Energy; and (4) Private sector contracts

  8. Liability Risks in Agri-food supply chains: the case of wet feed

    NARCIS (Netherlands)

    Meuwissen, M.P.M.; Asseldonk, van M.A.P.M.; Huirne, R.B.M.

    2008-01-01

    Abstract: Recent animal feed crises caused substantial damage throughout food supply chains and, consequently, initiated debates on the liability insurance cover of animal feed companies. In this framework, a quantitative risk analysis for wet feed producers in the Netherlands is presented. The

  9. Stakeholder views of superfund sites

    International Nuclear Information System (INIS)

    English, M.R.

    1992-01-01

    Nearly ten years have passed since the enactment of the federal Comprehensive Response, Compensation, and Liability Act (CERCLA), usually referred to as open-quotes Superfundclose quotes. Nearly four years have passed since CERCLA's major overhaul through the Superfund Amendments and Reauthorization Act (SARA). Although much still remains to be done under Superfund, there is now enough experience to assess how effectively it is working. A study being undertaken by the University of Tennessee's Waste Management Research and Education Institute will supply a portion of that assessment. The study was completed in the fall of 1990. Our study examines two related issues: the resources that will be needed in the coming years to fulfill the mandate of Superfund and other hazardous waste remediation programs, and the site-level experience to date in implementing CERCLA and SARA. This chapter discusses only the open-quotes site-level experienceclose quotes effort, and only its methodological approach. The purpose of the open-quotes site-level experienceclose quotes effort is to explore what counts as a open-quotes successfulclose quotes site in the eyes of different stakeholders in a Superfund cleanup - e.g., the affected community, the potentially responsible parties (PRPs), state and local officials, and the US Environmental Protection Agency (EPA)

  10. Cyber risk and privacy liability: a click in the right direction?

    Science.gov (United States)

    McDonough, William J

    2007-01-01

    Cyber risk and privacy exposure exert an impact upon virtually every aspect of a healthcare organization (HCO)--assets, clinical operations, finances and reputation. Exposure is enterprise-wide and includes risk to both physical and non-physical assets in increasing degrees. The consequences of a cyber attack or privacy breach could be operationally and financially catastrophic, so an HCO's move toward an enterprise-wide approach at identifying and minimizing risk, cyber and privacy liability should be on the radar screen for risk managers and leadership.

  11. Commercial low-level radioactive waste transportation liability and radiological risk

    Energy Technology Data Exchange (ETDEWEB)

    Quinn, G.J.; Brown, O.F. II; Garcia, R.S.

    1992-08-01

    This report was prepared for States, compact regions, and other interested parties to address two subjects related to transporting low-level radioactive waste to disposal facilities. One is the potential liabilities associated with low-level radioactive waste transportation from the perspective of States as hosts to low-level radioactive waste disposal facilities. The other is the radiological risks of low-level radioactive waste transportation for drivers, the public, and disposal facility workers.

  12. Commercial low-level radioactive waste transportation liability and radiological risk

    International Nuclear Information System (INIS)

    Quinn, G.J.; Brown, O.F. II; Garcia, R.S.

    1992-08-01

    This report was prepared for States, compact regions, and other interested parties to address two subjects related to transporting low-level radioactive waste to disposal facilities. One is the potential liabilities associated with low-level radioactive waste transportation from the perspective of States as hosts to low-level radioactive waste disposal facilities. The other is the radiological risks of low-level radioactive waste transportation for drivers, the public, and disposal facility workers

  13. Genetic liability for schizophrenia predicts risk of immune disorders

    NARCIS (Netherlands)

    Stringer, Sven; Kahn, René S.; de Witte, Lot D.; Ophoff, Roel A.; Derks, Eske M.

    2014-01-01

    Schizophrenia patients and their parents have an increased risk of immune disorders compared to population controls and their parents. This may be explained by genetic overlap in the pathogenesis of both types of disorders. The purpose of this study was to investigate the genetic overlap between

  14. Genetic liability for schizophrenia predicts risk of immune disorders

    NARCIS (Netherlands)

    Stringer, Sven; Kahn, René S; de Witte, Lot D; Ophoff, Roel A; Derks, Eske M

    2014-01-01

    BACKGROUND: Schizophrenia patients and their parents have an increased risk of immune disorders compared to population controls and their parents. This may be explained by genetic overlap in the pathogenesis of both types of disorders. The purpose of this study was to investigate the genetic overlap

  15. Legal Liability and Risk Management in Outdoor Training.

    Science.gov (United States)

    Dynon, John; Loynes, Chris

    1990-01-01

    Describes duties and responsibilities of outdoor instructors under British criminal and civil law. Discusses elements of negligence under civil law including damage, duty of care, standard of care, in loco parentis, students' duty of care, foreseeability, and employer's legal duty. Presents risk management in terms of primary, secondary, and…

  16. Counselor Liability: Does the Risk Require Insurance Coverage?

    Science.gov (United States)

    Hendrickson, Robert M.

    1982-01-01

    Discusses the legal concept of liabiltiy and the potential risks facing the practicing counselor. Outlines the standard of care that psychiatrists must meet to protect themselves against negligence charges. Discusses actions resulting in false imprisonment, battery, infliction of mental distress, defamation, and "duty to warn." (RC)

  17. MANAGING RISKS AND LIABILITIES IN THE HIGHWAYS AND TRANSPORT SECTOR

    OpenAIRE

    P.E. FORMAN, B.Eng.(Hons.), M.Sc., C.Eng.

    2000-01-01

    In recent years, more people have been claiming financial recompense for personal injuries they sustain. Increasingly, the targets of such claims are highway authorities, transport operators and property owners. This paper outlines an area of risk commonly overlooked by practitioners, but which can be managed effectively and can afford both cost savings and public safety improvements. Inconsistencies between design standards, safety improvement policies and maintenance regimes for the more...

  18. Biota Modeling in EPA's Preliminary Remediation Goal and Dose Compliance Concentration Calculators for Use in EPA Superfund Risk Assessment: Explanation of Intake Rate Derivation, Transfer Factor Compilation, and Mass Loading Factor Sources

    Energy Technology Data Exchange (ETDEWEB)

    Manning, Karessa L. [Oak Ridge National Lab. (ORNL), Oak Ridge, TN (United States); Dolislager, Fredrick G. [Oak Ridge National Lab. (ORNL), Oak Ridge, TN (United States); Bellamy, Michael B. [Oak Ridge National Lab. (ORNL), Oak Ridge, TN (United States)

    2016-11-01

    The Preliminary Remediation Goal (PRG) and Dose Compliance Concentration (DCC) calculators are screening level tools that set forth Environmental Protection Agency's (EPA) recommended approaches, based upon currently available information with respect to risk assessment, for response actions at Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sites, commonly known as Superfund. The screening levels derived by the PRG and DCC calculators are used to identify isotopes contributing the highest risk and dose as well as establish preliminary remediation goals. Each calculator has a residential gardening scenario and subsistence farmer exposure scenarios that require modeling of the transfer of contaminants from soil and water into various types of biota (crops and animal products). New publications of human intake rates of biota; farm animal intakes of water, soil, and fodder; and soil to plant interactions require updates be implemented into the PRG and DCC exposure scenarios. Recent improvements have been made in the biota modeling for these calculators, including newly derived biota intake rates, more comprehensive soil mass loading factors (MLFs), and more comprehensive soil to tissue transfer factors (TFs) for animals and soil to plant transfer factors (BV's). New biota have been added in both the produce and animal products categories that greatly improve the accuracy and utility of the PRG and DCC calculators and encompass greater geographic diversity on a national and international scale.

  19. Biota Modeling in EPA's Preliminary Remediation Goal and Dose Compliance Concentration Calculators for Use in EPA Superfund Risk Assessment: Explanation of Intake Rate Derivation, Transfer Factor Compilation, and Mass Loading Factor Sources

    International Nuclear Information System (INIS)

    Manning, Karessa L.; Dolislager, Fredrick G.; Bellamy, Michael B.

    2016-01-01

    The Preliminary Remediation Goal (PRG) and Dose Compliance Concentration (DCC) calculators are screening level tools that set forth Environmental Protection Agency's (EPA) recommended approaches, based upon currently available information with respect to risk assessment, for response actions at Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) sites, commonly known as Superfund. The screening levels derived by the PRG and DCC calculators are used to identify isotopes contributing the highest risk and dose as well as establish preliminary remediation goals. Each calculator has a residential gardening scenario and subsistence farmer exposure scenarios that require modeling of the transfer of contaminants from soil and water into various types of biota (crops and animal products). New publications of human intake rates of biota; farm animal intakes of water, soil, and fodder; and soil to plant interactions require updates be implemented into the PRG and DCC exposure scenarios. Recent improvements have been made in the biota modeling for these calculators, including newly derived biota intake rates, more comprehensive soil mass loading factors (MLFs), and more comprehensive soil to tissue transfer factors (TFs) for animals and soil to plant transfer factors (BV's). New biota have been added in both the produce and animal products categories that greatly improve the accuracy and utility of the PRG and DCC calculators and encompass greater geographic diversity on a national and international scale.

  20. Pricing of the Policy Life in Absence of Default Risk and Asset Liability Management

    OpenAIRE

    Giandomenico, Rossano

    2006-01-01

    The model, by using the option theory, determines the fair value of the life insurance policies in absence of default risk and shows that the fair fixed guaranteed interest-rate is less than the risk free interest rate due to the exchange of options between policyholders and shareholders. Furthermore, it shows that the effective liabilities duration is different from the duration of a default free zero coupon bond with the same time of maturity such that the equity value is immunized by using...

  1. Captivity mark as Foundation of Civil Liability for Risk in Prol Consumer

    Directory of Open Access Journals (Sweden)

    Fernando Antônio de Vasconcelos

    2016-06-01

    Full Text Available The postmodern society can be seen as risk society. From the Ulrich Beck’s idea that the acquired knowledge allows the current development model, but its generates uncontrollable risks, this study attempts to make a validation of trademark captivity theory as the basis for civil liability for risk. The strength of the brands as fundamental goals in today’s economic process is seen as a vector of liability for consumers as a vulnerable class. The difficulty of consumers in the process of accountability for damages suffered in their relations is still present. The supply process is complex and is formed by a network arrangements which stresses the consumer’s vulnerability. The trademark captivity allows the identification of an economic group participants by sharing the brand. The proposal in this article, is to strengthen the idea of   captivity mark as accountability paradigm from the brand with the theory of risk, examining its feasibility framing the sole paragraph of Article 927 of the Brazilian Civil Code.The methodology will be based on a legal-economic aspect and depart from an inductive analysis and bibliographic surveys, with the theoretical framework of Ulrich Beck, Antonny Giddens and Claudia Lima Marques.

  2. The contribution of industry to complementary financing of nuclear liability risk

    International Nuclear Information System (INIS)

    Delpirou, D.

    1993-01-01

    The members of OPEN (Association of Nuclear Energy Producers) and UNIPEDE (International Union of Producers and Distributors of Electrical Energy) consider that the creation of a pooling system intended to have industry provide complementary financing of nuclear liability risk cannot be taken for granted at the current stage of discussions. If such a system was set-up, it should respect the following principles: free organization of pools by operators and voluntary association of members; creation of pools on a regional basis; setting of a reasonable maximum contribution for each nuclear installation; system of post event contributions; flexible and economic management of funds

  3. Risk Management And Liability For EnvironmentalL Harm Caused By GMOS – The South African Regulatory Framework

    Directory of Open Access Journals (Sweden)

    L Feris

    2006-05-01

    Full Text Available Biotechnology is still relatively new and as with any new technology, it carries some level of risk. This necessitates appropriate risk assessments and appropriate risk management. One element of risk management however, is taking into account that during the production, development, transport or release of a GMO it may cause injury to person, property or the environment, regardless of risk management procedures. This calls for the existence of a liability regime that will place some legal responsibility on the party responsible for the harm. This paper assesses the South African regulatory framework of relevance to GMOs, which is composed of a fragmented set of laws that deals with risk assessment, risk management and liability for damage to the environment. It discusses the GMO Act as the principle legislation regulation GMOs and also the recent amendment thereof and also consider other legislation such as the ECA, NEMA and NEMA Biodiversity Act in an attempt to determine whether the regulatory framework addresses risk management and liability in an effective and adequate manner. It comes to the conclusion that South Africa does not as yet have a satisfactory legal regime that provides for risk management and liability in the context of GMOs.

  4. Application of probabilistic risk assessment: Evaluating remedial alternatives at the Portland Harbor Superfund Site, Portland, Oregon, USA.

    Science.gov (United States)

    Ruffle, Betsy; Henderson, James; Murphy-Hagan, Clare; Kirkwood, Gemma; Wolf, Frederick; Edwards, Deborah A

    2018-01-01

    A probabilistic risk assessment (PRA) was performed to evaluate the range of potential baseline and postremedy health risks to fish consumers at the Portland Harbor Superfund Site (the "Site"). The analysis focused on risks of consuming fish resident to the Site containing polychlorinated biphenyls (PCBs), given that this exposure scenario and contaminant are the primary basis for US Environmental Protection Agency's (USEPA's) selected remedy per the January 2017 Record of Decision (ROD). The PRA used probability distributions fit to the same data sets used in the deterministic baseline human health risk assessment (BHHRA) as well as recent sediment and fish tissue data to evaluate the range and likelihood of current baseline cancer risks and noncancer hazards for anglers. Areas of elevated PCBs in sediment were identified on the basis of a geospatial evaluation of the surface sediment data, and the ranges of risks and hazards associated with pre- and postremedy conditions were calculated. The analysis showed that less active remediation (targeted to areas with the highest concentrations) compared to the remedial alternative selected by USEPA in the ROD can achieve USEPA's interim risk management benchmarks (cancer risk of 10 -4 and noncancer hazard index [HI] of 10) immediately postremediation for the vast majority of subsistence anglers that consume smallmouth bass (SMB) fillet tissue. In addition, the same targeted remedy achieves USEPA's long-term benchmarks (10 -5 and HI of 1) for the majority of recreational anglers. Additional sediment remediation would result in negligible additional risk reduction due to the influence of background. The PRA approach applied here provides a simple but adaptive framework for analysis of risks and remedial options focused on variability in exposures. It can be updated and refined with new data to evaluate and reduce uncertainty, improve understanding of the Site and target populations, and foster informed remedial decision

  5. Nuclear Liability and Insurance Cover for Risk of Nuclear Power Plants - Situation for Nuclear Installations in Germany

    International Nuclear Information System (INIS)

    Boediker, T.

    1998-01-01

    A dispute about nuclear liability and insurance cover for risks of nuclear power plants from an insurer's point of view has to determine and to judge the essential risk relevant factors. These are beside plant and site specific factors considerations of insurance restrictions in the extent of cover compared with the legal scope of liability for (re-)insurability's sake. Among such consideration are: financial limitation and obligation for its reinstatement, exclusions for gradual emissions of approved activities, armed conflicts, hostilities, civil war, insurrections or grave natural disaster and restrictions in the limitation and preclusion periods. In comparison with conventional liability risks there are some specialties to be considered some of which prove to be a risk relief other as a risk burden for insurance: Salvage expenses or interests and court costs to be paid by unsuccessful party in a lost litigation do not fall under legal liability and hence are excluded from the financial security cover so that are compensation is subject to agreed separate limits. A serious burden for the insurers can result out of the loss regulation costs in case of a severe nuclear accident. These expenses, which can exceed hundred million DM by far, are to be carried by the insurers in the frame of their obligation to investigate raised claims. Therefore the insurers should aim a fixed limitation in order to restrict their limit. (author)

  6. THE ROLE OF VALUE AT RISK IN THE MANAGEMENT OF ASSET AND LIABILITIES

    Directory of Open Access Journals (Sweden)

    Petria Nicolae

    2012-12-01

    Full Text Available ALM is the management of risk at enterprise level, the models used in ALM can be static or dynamic: single period-static models, multiple period static model, single period stochastic model, multi period stochastic model. While single period-static don't incorporate the dynamic of the economical changes the multiple period-static models are an extension of the single period-static model, the most common used are multi-period stochastic which model the evolution of financial series in time and the assets and liabilities using different types of probability distributions (Student, GED. Highly correlated with ALM is the Value at Risk which can be used as and function to be minimized in ALM models. In the Value at Risk methodology the estimation models are classified as: parametric, nonparametric, semi-parametric; we present the parametric models (GARCH models used in Value at Risk and the connections that can be established between ALM models and Value at Risk. We present the Conditional Value-at-risk and offer and example on how to calculate CVaR .

  7. Familial liability to psychosis is a risk factor for multimorbidity in people with psychotic disorders and their unaffected siblings.

    Science.gov (United States)

    Islam, M A; Khan, M F H; Quee, P J; Snieder, H; van den Heuvel, E R; Bruggeman, R; Alizadeh, B Z

    2017-09-01

    Multimorbidity may impose an overwhelming burden on patients with psychosis and is affected by gender and age. Our aim is to study the independent role of familial liability to psychosis as a risk factor for multimorbidity. We performed the study within the framework of the Genetic Risk and Outcome of Psychosis (GROUP) project. Overall, we compared 1024 psychotic patients, 994 unaffected siblings and 566 controls on the prevalence of 125 lifetime diseases, and 19 self-reported somatic complaints. Multimorbidity was defined as the presence of two or more complaints/diseases in the same individual. Generalized linear mixed model (GLMM) were used to investigate the effects of gender, age (adolescent, young, older) and familial liability (patients, siblings, controls) and their interactions on multimorbidity. Familial liability had a significant effect on multimorbidity of either complaints or diseases. Patients had a higher prevalence of multimorbidity of complaints compared to siblings (OR 2.20, 95% CI 1.79-2.69, Psiblings, had significantly higher prevalence than controls. Similar finding were observed for multimorbidity of lifetime diseases, including psychiatric diseases. Significant results were observed for complaints and disease multimorbidity across gender and age groups. Multimorbidity is a common burden, significantly more prevalent in patients and their unaffected siblings. Familial liability to psychosis showed an independent effect on multimorbidity; gender and age are also important factors determining multimorbidity. Copyright © 2017 Elsevier Masson SAS. All rights reserved.

  8. Risk in Nuclear Industry. Liability for Nuclear Damage. Status of the Problem in the Russian Federation

    International Nuclear Information System (INIS)

    Kovalevich, Oleg M.; Gavrilov, Sergey D.; Voronov, Dmitry B.

    2001-01-01

    Russia is one of a few nuclear power states obtaining the whole number of nuclear fuel cycle (NFC) components - from mining of uranium and on-site electricity production, from NPP spent nuclear fuel processing and extracted fissile materials and radionuclides, which are available in industry, in medicine and in other relevant areas, to radioactive waste processing and disposal. For this reason it is very important to solve the problem of nuclear fuel cycle safety as it is a single system task with an adequate approach for all cycle components. The problem is that NFC facilities are technologically various and refer to different industries (mining, machinery engineering, power engineering, chemistry, etc.). Besides, the above facilities need the development of various scientific bases. The most NFC facilities is directly connected with peaceful use of nuclear energy and with military nuclear industry, as the defense orders stimulated the development of NFC. The specific attention to safety problems at the beginning of nuclear complex foundation adversely affected the state attitude towards the risk in nuclear industry, it has left the traces at present. In our paper we touch upon the problems of risk and the liability for nuclear damage for the third persons. The problems of nuclear damage compensation for nuclear facilities personnel and for the owners (operating organizations) are beyond our subject

  9. Selected remedy at the Queen City Farms superfund site: A risk management approach

    International Nuclear Information System (INIS)

    Weber, E.F.; Wilson, J.; Kirk, M.; Tochko, S.

    1994-01-01

    A risk management approach at a former industrial waste disposal site in western Washington resulted in a selected remedy that is cost-effective and that meets the CERCLA threshold criterion of protecting human health and the environment. The proposed remedy, which addresses contamination in soil and groundwater, does not require an ARARs waiver and received state and community acceptance. By analyzing the current and potential risk at the site, a proposed remedy was chosen that would control the source and naturally attenuate the groundwater plume. Source control will include removal and treatment of some light nonaqueous phase liquid (LNAPL) and some soil, followed by isolation of the remaining soil and LNAPL within a slurry wall and beneath a multilayer cap. A contingent groundwater extraction and treatment system was included to address uncertainty in the risk characterization. Implementing source control is predicted to result in a steady decline in volatile organic compound levels in the drinking water aquifer through adsorption, degradation, and dispersion. Exposure to groundwater during the period of natural attenuation will be controlled by monitoring, institutional controls, and a thorough characterization of the plume and receptors. 7 figs., 1 tab

  10. Information needs for risk management/communication

    Energy Technology Data Exchange (ETDEWEB)

    Bennett, D.A. [Environmental Protection Agency, Washington, DC (United States)

    1990-12-31

    The hazardous waste cleanup program under the Comprehensive Environmental Response, Compensation, and Liability Act (Superfund) is delegated to the ten Regions of the US Environmental Protection Agency (EPA) and has, to date, identified more than 33,000 sites for consideration. The size and complexity of the program places great demands on those who would provide information to achieve national consistency in application of risk assessment while meeting site-specific needs for risk management and risk communication.

  11. Trusting telemedicine: A discussion on risks, safety, legal implications and liability of involved stakeholders.

    Science.gov (United States)

    Parimbelli, E; Bottalico, B; Losiouk, E; Tomasi, M; Santosuosso, A; Lanzola, G; Quaglini, S; Bellazzi, R

    2018-04-01

    The main purpose of the article is to raise awareness among all the involved stakeholders about the risks and legal implications connected to the development and use of modern telemedicine systems. Particular focus is given to the class of "active" telemedicine systems, that imply a real-world, non-mediated, interaction with the final user. A secondary objective is to give an overview of the European legal framework that applies to these systems, in the effort to avoid defensive medicine practices and fears, which might be a barrier to their broader adoption. We leverage on the experience gained during two international telemedicine projects, namely MobiGuide (pilot studies conducted in Spain and Italy) and AP@home (clinical trials enrolled patients in Italy, France, the Netherlands, United Kingdom, Austria and Germany), whose development our group has significantly contributed to in the last 4 years, to create a map of the potential criticalities of active telemedicine systems and comment upon the legal framework that applies to them. Two workshops have been organized in December 2015 and March 2016 where the topic has been discussed in round tables with system developers, researchers, physicians, nurses, legal experts, healthcare economists and administrators. We identified 8 features that generate relevant risks from our example use cases. These features generalize to a broad set of telemedicine applications, and suggest insights on possible risk mitigation strategies. We also discuss the relevant European legal framework that regulate this class of systems, providing pointers to specific norms and highlighting possible liability profiles for involved stakeholders. Patients are more and more willing to adopt telemedicine systems to improve home care and day-by-day self-management. An essential step towards a broader adoption of these systems consists in increasing their compliance with existing regulations and better defining responsibilities for all the

  12. Does "skin in the game" reduce risk taking? Leverage, liability and the long-run consequences of new deal financial reforms

    OpenAIRE

    Mitchener , Kris James; Richardson, Gary

    2013-01-01

    We examine how the Banking Acts of the 1933 and 1935 and related New Deal legislation influenced\\ud risk taking in the financial sector of the U.S. economy. Our analysis focuses on contingent liability of\\ud bank owners for losses incurred by their firms and how the elimination of this liability influenced\\ud leverage and lending by commercial banks. Using a new panel data set that compares balance sheets\\ud of state and national banks, we find contingent liability reduced risk taking, partic...

  13. Superfund Technical Assistance Grants

    Data.gov (United States)

    U.S. Environmental Protection Agency — This asset includes data related to the Superfund Technical Assistance Grant program, including grant number, award amounts, award dates, period of performance,...

  14. Superfund Site Information

    Data.gov (United States)

    U.S. Environmental Protection Agency — This asset includes a number of individual data sets related to site-specific information for Superfund, which is governed under the Comprehensive Environmental...

  15. Genetic liability, prenatal health, stress and family environment: risk factors in the Harvard Adolescent Family High Risk for schizophrenia study.

    Science.gov (United States)

    Walder, Deborah J; Faraone, Stephen V; Glatt, Stephen J; Tsuang, Ming T; Seidman, Larry J

    2014-08-01

    The familial ("genetic") high-risk (FHR) paradigm enables assessment of individuals at risk for schizophrenia based on a positive family history of schizophrenia in first-degree, biological relatives. This strategy presumes genetic transmission of abnormal traits given high heritability of the illness. It is plausible, however, that adverse environmental factors are also transmitted in these families. Few studies have evaluated both biological and environmental factors within a FHR study of adolescents. We conceptualize four precursors to psychosis pathogenesis: two biological (genetic predisposition, prenatal health issues (PHIs)) and two environmental (family environment, stressful life events (SLEs)). Participants assessed between 1998 and 2007 (ages 13-25) included 40 (20F/20M) adolescents at FHR for schizophrenia (FHRs) and 55 (31F/24M) community controls. 'Genetic load' indexed number of affected family members relative to pedigree size. PHI was significantly greater among FHRs, and family cohesion and expressiveness were less (and family conflict was higher) among FHRs; however, groups did not significantly differ in SLE indices. Among FHRs, genetic liability was significantly associated with PHI and family expressiveness. Prenatal and family environmental disruptions are elevated in families with a first-degree relative with schizophrenia. Findings support our proposed 'polygenic neurodevelopmental diathesis-stress model' whereby psychosis susceptibility (and resilience) involves the independent and synergistic confluence of (temporally-sensitive) biological and environmental factors across development. Recognition of biological and social environmental influences across critical developmental periods points to key issues relevant for enhanced identification of psychosis susceptibility, facilitation of more precise models of illness risk, and development of novel prevention strategies. Copyright © 2014 Elsevier B.V. All rights reserved.

  16. The protection against nuclear risks under the international nuclear liability law: the geographical and technical scope of the international conventions on third party liability for nuclear damage

    International Nuclear Information System (INIS)

    Kissich, S.J.

    2001-10-01

    This Ph.D.-research deals with the International Conventions on Third Party Liability for Nuclear Damage. In 1960, the Paris Convention was established with the aim of providing a special uniform nuclear third party liability regime for Western Europe. This Convention was supplemented in 1963 by the Brussels Supplementary Convention. Also in 1963, the Vienna Convention, which aimed to establish a world-wide system based on the same principles as the Paris Convention, was adopted. A further Convention was adopted in 1971 to ensure that nuclear third party liability law and not maritime law would apply to carriage of nuclear materials by sea. In 1988, the Paris and Vienna Conventions have been linked by the adoption of a Joint Protocol. In 1997, the process of amending the 1963 Vienna Convention was successfully concluded and a Convention on Supplementary Compensation was adopted. This Ph.D.-research consists of seven chapters: following an introduction, the second chapter gives a general view of the existing international legal sources. The third chapter describes the international civil nuclear liability law concept and its leading principles. The main element of this work is the question of the technical and geographical scope of the international nuclear liability conventions (chapter IV and V). The conventions are only applicable to nuclear incidents, which occur in a nuclear installation or incidental to the carriage or storage of nuclear material. The nuclear damage must arise out of the radioactive properties of nuclear substances which are also defined by legal terms. In addition, the scope of the conventions is limited by the nature of the installations. The geographical scope of application is established by the provisions on geographical coverage. Only the 1963 Vienna Convention does not contain any specific provision dealing with the territorial scope of its application. The geographical scope determines where the nuclear incident or the nuclear damage

  17. Risk analysis, product liability and criminal law when using ammonia and hydrocarbons as refrigerants; Risikoanalyse, Produktehaftpflicht und Strafrecht bei Ammoniak und Kohlenwasserstoffe als Kaeltemittel

    Energy Technology Data Exchange (ETDEWEB)

    Wolfer, M.; Seiler, H.

    2000-07-01

    This article examines the risks involved in the use of the environmentally friendly refrigerants such as ammonia and various hydrocarbons in heat pumps and refrigeration systems. The liabilities incurred by manufacturers and installers are discussed and legal questions are looked at. A quantitative method of assessing the risks involved during the operation of such systems and the safety measures to be taken during the construction, installation and operational phases is introduced. Exemplary assessments made on typical applications such as a heat pump installation in a single-family home and refrigeration systems in a supermarket or an ice rink are presented in figures and diagrams. Finally, questions of legal responsibility and liability are discussed. In particular, the situation regarding the legal liability of manufacturers, installers and operators of such installations are looked at in the light of current Swiss legislation and criminal law. Consequences that are to be taken in this respect are proposed.

  18. Liability Issues

    International Nuclear Information System (INIS)

    O’Donoghue, K.

    2016-01-01

    Nuclear liability conventions try to provide a set of rules to govern third party liability. Not all States are parties to one of the existing liability conventions. There are a number of reasons why individual States may choose not to join one of the existing conventions. These include limits of compensation, jurisdiction issues, complexity, cost and definition of damage among others. This paper looks at the existing conventions and identifies some of the main issues in the existing conventions which prevent some States from signing them. The paper attempts to tease out some of the perceived gaps in the existing conventions and give a brief description of the reasons why non-Contracting Parties have difficulty with the provisions of the conventions. The paper recognizes that there has been work done in this area previously by the International Expert Group on Nuclear Liability (INLEX) and others to try to develop the existing frameworks to enhance global adherence by nuclear and non-nuclear States to an effective nuclear liability regime. (author)

  19. Risk evaluation and mitigation strategies for drugs with abuse liability: public interest, special interest, conflicts of interest, and the industry perspective.

    Science.gov (United States)

    Wright, Curtis; Schnoll, Sidney; Bernstein, David

    2008-10-01

    Risk evaluation and mitigation strategies (REMS) formerly known as Risk Minimization Action Plans (RiskMAPs) are a regulatory technique for dealing with anticipated risks of new medications and are especially important for new drugs with abuse potential. This paper describes the origin and history of risk-management plans for drugs that might be abused, the proper use of these plans in minimizing the risk to the public, and the special difficulties inherent in managing risks for drugs with abuse potential. Drugs with abuse liability are distinctive since the risks inherent in manufacture and distribution include not only risks to patients prescribed the medications, but also risks to the general public including subgroups in the population not intended to get the drug and who receive no medical benefit from the medication. The crafting of risk-management plans intended to protect nonpatient populations is unique for these products. The content, extent, and level of intensity of these plans affect areas of medical ethics, civil liability, and criminal prosecution. The need for risk-management plans for drugs with abuse liability can potentially act as a deterrent to investment and is a factor in decisions concerning the development of new medications for the treatments of pain, ADHD, anxiety disorders, and addictions. This paper provides a framework for moving the process of REMS development forward and criteria for evaluating the probity and adequacy of such programs.

  20. Managing 'tail liability'.

    Science.gov (United States)

    Frese, Richard C; Weber, Ryan J

    2013-11-01

    To reduce and control their level of tail liability, hospitals should: Utilize a self-insurance vehicle; Consider combined limits between the hospital and physicians; Communicate any program changes to the actuary, underwriter, and auditor; Continue risk management and safety practices; Ensure credit is given to the organization's own medical malpractice program.

  1. Smart moves in superfund - revitalization one year later. Volume 1, Number 3, January 1993. Bulletin

    International Nuclear Information System (INIS)

    1993-01-01

    The issue of the Smart Moves in Superfund bulletin series provides an update on the revitalization effort, highlighting National Priorities List (NPL) construction completions, accelerating cleanup, the Superfund Accelerated Cleanup Model, risk assessment/risk management, contracts management, enforcement policy/equity, interagency cooperation, public forms, and state meetings

  2. Negative liability

    NARCIS (Netherlands)

    Dari-Mattiacci, G.

    2009-01-01

    Negative and positive externalities pose symmetrical problems to social welfare. The law internalizes negative externalities by providing general tort liability rules. According to such rules, those who cause harm to others should pay compensation. In theory, in the presence of positive

  3. Asset and Liability Composition in Participating Life Insurance: The Impact on Shortfall Risk and Shareholder Value

    DEFF Research Database (Denmark)

    Gatzert, Nadine; Bohnert, Alexander; Jørgensen, Peter Løchte

    surplus appropriation schemes on the company’s shortfall risk and the shareholders’ fair risk charge. The range of products comprises temporary life annuities and endowment insurance contracts with varying surplus appropriation schemes that are modeled actuarially. We thereby also account for mortality...... risk and ensure a fair situation for shareholders. Our findings emphasize that management decisions can have a substantial impact on the company’s shortfall risk, and that their effectiveness in risk reduction varies substantially depending on the surplus appropriation scheme offered to the customer...

  4. Nuclear liability legislation in Slovenia

    International Nuclear Information System (INIS)

    Skraban, A.

    2000-01-01

    This paper gives some basic data about nuclear installations in Slovenia, reviews Slovenian national legislation in the field of third-party liability for nuclear damage, applicability of the international nuclear liability treaties in the Slovenian legal system and outlines some main provisions of national legislation. It also aims to give some facts about history and present status of nuclear insurance pool and the insurance of nuclear risks in Slovenia. Paper finally indicates also some future legislative steps with respect to nuclear third party liability, at national and international level. (author)

  5. Modeling non-maturing liabilities

    OpenAIRE

    von Feilitzen, Helena

    2011-01-01

    Non‐maturing liabilities, such as savings accounts, lack both predetermined maturity and reset dates due to the fact that the depositor is free to withdraw funds at any time and that the depository institution is free to change the rate. These attributes complicate the risk management of such products and no standardized solution exists. The problem is important however since non‐maturing liabilities typically make up a considerable part of the funding of a bank. In this report different mode...

  6. The effectiveness and development trend of nuclear third party liability insurance in the nuclear risk management

    International Nuclear Information System (INIS)

    Wang Pei

    2010-01-01

    Nuclear power considerably benefited mankind since it was utilized peaceably. The cleanness, safety and high efficiency of nuclear power were gradually known and recognized by the public. However at the same time, nuclear power had produced significant accident and consequently caused severe aftereffects during its utilization. Therefore, effective management of nuclear risk and reducing its accident probability are the social responsibilities of every nuclear nation. From the insurance point of view, this document analyzes the validity and development trends of nuclear third party insurance in nuclear risk management. It also introduces effectual experience in this field from nuclear insurance developed countries. This document discusses the necessity of consummating nuclear third party insurance under the aggressive development situation of nuclear power in our country. (author)

  7. Surgery of the hallux valgus in an ambulatory setting: a liability risk?

    Science.gov (United States)

    Galois, L; Serwier, J-M; Arashvand, A D

    2017-05-01

    The primary objective of the study is to make an inventory of malpractice in hallux valgus surgery in an ambulatory setting and to identify the patient characteristics for a higher risk of malpractice. The secondary objective is creating a methodology for analyzing the medicolegal aspects of a surgery in day case comparing with hospitalization. The database of the Branchet insurance company was used. A total of 11,000 claims for a period of 11 years (2002-2013) have been investigated. The files of the patients with hallux valgus surgery were isolated from the insurer's database using CCAM codes. The medical director, a medical officer, the legal expert and finally the judge had already analyzed all these cases. The authors reviewed the various documents with a specific questionnaire. We identified 14 cases of claims in relation with hallux valgus 1-day surgery among a total of 138 claims for hallux valgus including all techniques (10%). All patients were female. The mean age was 42.6 years (19-64) in ambulatory patients (AG group) in comparison with 49.5 years (19-73) in hospitalized patients (HG group). Percutaneous techniques were significantly more represented in the AG group (p = 0.002) and scarfs osteotomies in the HG group (p = 0.004). The use of tourniquet seemed to be lower in the AG group, but it was a not significant trend (p = 0.085). In term of anesthesia procedures, no significant differences were seen between the two groups. The comparison of the complications common to both groups showed no significant difference except for insufficient results which were more frequent in the AG group (p = 0.026). The rate of insufficient informed consent seemed to be higher in the AG group, but it was a not significant trend (p = 0.084). No specific data regarding claims in relation with hallux valgus 1-day surgery are available to our knowledge in the literature. We did not identify in our study specific complications related to ambulatory procedures

  8. Remediation of polluted sites. The risks, liabilities and costs; Rehabilitation de sites pollues. Quels risques? Quelles responsabilites? Quels couts?

    Energy Technology Data Exchange (ETDEWEB)

    Paquot, A. [Ministere de l' Ecologie et du Developpement Durable 75 - Paris (France); Darmendrail, D. [BRGM, 75 - Paris (France); Mensah, J. [Etablissement public foncier Nord Pas de Calais, 59 - Lille (France); Costil, J. [BURGEAP, 69 - Lyon (France); Carbon, S. [Gaz de France (GDF), 75 - Paris (France); Gervaise, Y. [SGS Multilab, 51 - Rouen (France); Bonin, H. [GRS Valtech, 69 - Rilleux-la-Pape (France); Delfaud, L. [Projenor, 59 - Lille (France); Croze, V. [ICF Environnement, 92 - Gennevilliers (France); Ricour, J. [ANTEA, des solutions globales, durables et rentables, 45 - Orleans (France); Langlois, P.

    2003-10-01

    This conference deals with the following topics: the mastery of the economic, regulation, juridical and contractual framework; liabilities and financing distribution between the intervenors; the diagnostic cost; the financial security in the sites acquisition and social right transfer; the efficient technologies of sites remediation; the communication near the site in remediation. (A.L.B.)

  9. Superfund XV conference proceedings. Volume 1

    International Nuclear Information System (INIS)

    Anon.

    1994-01-01

    This conference was held November 29--December 1, 1994 in Washington, D.C..The purpose of this conference was to provide a forum for exchange of state-of-the-art information on Superfund. Papers are included on the following topics: bioremediation; building decontamination; environmental policy issues; federal environmental restoration; groundwater remediation; innovative sampling and analytical technologies; laboratory methods; metals management; mixed wastes; PCB waste management; remediation technology and case studies; and risk assessment. Individual papers have been processed separately for inclusion in the appropriate data bases

  10. [Tour operator liability in health protection for not informing travellers about health risks they could be exposed].

    Science.gov (United States)

    Macrì, P G

    2009-01-01

    Consumer-tourist is considered the weaker bargaining party in an "all included" travel contract, compared with tour organizer and tour vendor. That's why Statute Act protecting consumer's rights provides a specific discipline concerning this particular sector In front of widening of warrants for travellers, obligations for organizer and seller of the travel have been increased, and include now specific duty to inform travellers as well. According to the law such duties of information are consistent with travel contract performance itself. In such way, failing to inform client constitutes a breach of contract liable not only in the field of civil responsibility; the subject liable with such an omission may face criminal prosecution as well. More specifically we are in front of a breach of contract by the tour organizer who will respond of all damages concerned with such a breach. Damages will concern not only the price of the travel package, but also other damages connected with the illness suffered by traveller: compensation for spoiled holidays, biological damages, patrimonial damages (these last ones could include for instance expenses for medical treatments, just to quote the more likely one). In other words, tour organizer has to grant general organization of the tour which has to take place as specified on travel brochure, but traveller have to be provided also with any information, concerning documents necessary for the travel, whether passport or visa are needed or not, vaccinations peremptory or optional. It will be very difficult for tour operator be exempted from liability for damages if traveller hasn't been informed of health risks; the only possibility consists in managing to demonstrate that the obligation hasn't been compelled due to reason for which the operator couldn't be held responsible. Besides as we have already mentioned before, criminal relevance of such omission of information couldn't be excluded. In fact, it's true that such omission

  11. U.S. EPA Superfund Program's Policy for Community Involvement at Radioactively Contaminated Sites

    International Nuclear Information System (INIS)

    Carey, Pat; Walker, Stuart

    2008-01-01

    This paper describes the Superfund program's statutory requirements for community involvement. It also discusses the efforts the Superfund program has made that go beyond these statutory requirements to involve communities. The Environmental Protection Agency (EPA) implements the Superfund program under the authority of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended by the Superfund Amendments and Reauthorization Act of 1986 (SARA). From the beginning of the Superfund program, Congress envisioned a role for communities. This role has evolved and expanded during the implementation of the Superfund program. Initially, the CERCLA statute had community involvement requirements designed to inform surrounding communities of the work being done at a site. CERCLA's provisions required 1) development of a community relations plan for each site, 2) establishment of information repositories near each site where all publicly available materials related to the site would be accessible for public inspection, 3) opportunities for the public to comment on the proposed remedy for each site and 4) development of a responsiveness summary responding to all significant comments received on the proposed remedy. In recognition of the need for people living near Superfund sites to be well-informed and involved with decisions concerning sites in their communities, SARA expanded Superfund's community involvement activities in 1986. SARA provided the authority to award Technical Assistance Grants (TAGs) to local communities enabling them to hire independent technical advisors to assist them in understanding technical issues and data about the site. The Superfund Community Involvement Program has sought to effectively implement the statutory community involvement requirements, and to go beyond those requirements to find meaningful ways to involve citizens in the cleanup of sites in their communities. We've structured our program around

  12. FUSRAP adapts to the amendments of Superfund

    International Nuclear Information System (INIS)

    Atkin, R.G.; Liedle, S.D.; Clemens, B.W.

    1988-01-01

    With the promulgation of the Superfund Amendments and Reauthorization Act (SARA) federal facilities were required to comply with the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) in the same manner as any non-government entity. This situation presented challenges for the Department of Energy (DOE) and other federal agencies involved in remedial action work because of the requirements under SARA that overlap other laws requiring DOE compliance, e.g., the National Environmental Policy Act (NEPA). This paper outlines options developed to comply with CERCLA and NEPA as part of an active, multi-site remedial action program. The program, the Formerly Utilized Sites Remedial Action Program (FUSRAP), was developed to identify, clean up, or control sites containing residual radioactive contamination resulting from the nation's early development of nuclear power. During the Manhattan Project, uranium was extracted from domestic and foreign ores and resulted in mill concentrates, purified metals, and waste products that were transported for use or disposal at other locations. Figure 1 shows the steps for producing uranium metal during the Manhattan Project. As a result of these activities materials equipment, buildings, and land became contaminated, primarily with naturally occurring radionuclides. Currently, FUSRAP includes 29 sites; three are on the Environmental Protection Agency's (EPA's) National Priorities List (NPL) of hazardous waste sites

  13. The risks of liability for former mine operators: the implementation of a plan for preventing legal risks

    International Nuclear Information System (INIS)

    Martinet, Y.

    2004-01-01

    Shutting down mines has 'mechanically' increased the risks of cave-ins. The local (communal and/or departmental) administrations responsible for supervising the situation do not necessarily have the means for managing shafts and tunnels. For this reason, two acts were passed in 1994 and 1999 to reform how mines are managed after shutdowns. Managing post-mining operations has spawned lawsuits against former operators, even though they shut down their mines in compliance with the laws and regulations in force at the time. By virtue of these two acts, administrative authorities are now trying to make the former operators fill in shafts and tunnels. Moreover, individuals often try to obtain compensation for the damages caused by shut-down mines. This situation causes uncertainty for various parties; and the legal settlements being proposed are not sufficiently clear. Information is provided for thinking about how to implement a 'legal risk prevention plan', which former mine operators should bear in mind. (author)

  14. Managing liabilities which arise out of radioactive waste

    International Nuclear Information System (INIS)

    Hall, R.M. Jr.

    1986-01-01

    The Atomic Energy Act has established a comprehensive regulatory program which governs the management of most radioactive wastes. There are substantial civil and criminal penalties for violations. In addition, environmental statutes such as the Resource Conservation and Recovery Act and the Superfund law impose liabilities on managers of ''non-nuclear'' hazardous wastes. The availability of common law remedies by private parties subjects companies and their officers and employees, and in some cases the government, to liability for personal injuries or property damage. An environmental manager at any facility where radioactive materials are being handled must be aware of these potential liabilities and should engage in a regular program of environmental auditing to ensure compliance

  15. Optimal medical outcomes with limited liability: risk management principles for medical practices at the intersection of medicine, law, and business.

    Science.gov (United States)

    Paterick, Timothy J; Paterick, Timothy E; Waterhouse, Blake E

    2007-01-01

    Physicians practice at the intersection of medicine, law, and business. Each discipline creates its own challenges for the practicing physician: to practice efficient, effective medicine; to limit potential liability; and to create a positive financial outcome. Those challenges increase with escalating costs and reduced reimbursements. In this paper, the common clinical presentation of chest pain has been used to create a paradigm to educate physicians to understand efficient and effective approaches to diagnosis and treatment, and how effective communication with patients and meticulous documentation of all medical encounters can limit the potential for liability. Ultimately, given today's reimbursement formulas, physicians must also understand the cost of testing, in relation to its benefits, in an attempt to yield a positive financial outcome.

  16. Challenge of superfund community relations

    International Nuclear Information System (INIS)

    Goldman, N.J.

    1991-01-01

    Conducting a community relations effort in a community which is home to a Superfund site is a formidable challenge. Any education press, however appropriate, quickly falls victim to doubt, mistrust of fears of the very public intended to be served by the effort. While each site is uniquely different, the issues raised by affected communities in one part of the country are strikingly similar to those raised in other parts. Those most involved must join those most affected in seeking meaningful solutions and in building the trust that is so vital in moving forward with Superfund

  17. University Liability for Sports Injuries.

    Science.gov (United States)

    Rieder, Robert W.; Woodruff, William B., Jr.

    1993-01-01

    Analyzes sports injury claims against colleges and universities in recent years to help administrators better understand and minimize liability risks for certain curricular and cocurricular activities. Reviews court cases in areas of duty of care and negligence and proximate cause, and discusses defenses. (Author/NB)

  18. Managing nuclear liabilities

    International Nuclear Information System (INIS)

    Pooley, D.

    1997-01-01

    This paper discusses the importance of managing liabilities in the nuclear industry and considers the main ingredients which make for successful liabilities management. It looks specifically at UKAEA's experience to date and lists its key management principles, including the use of the liabilities management ratio which is the company's current bottom-line performance measure. (Author)

  19. Electronuclear Park, Privatization and Civil Strict Liability

    International Nuclear Information System (INIS)

    Mondello, Gerard Camille

    2008-01-01

    The civil strict liability regime of the electronuclear industry is a fundamental variable for preventing risk. Because prices of other energies as oil or gas are becoming higher and unpredictable, nuclear power becomes cost-effective and may favour the partial privatization of nuclear parks. By considering theoretical traditional liability models, we study the conditions that ensure the most efficient safety level when comparing natural monopoly situation and Bertrand duopoly. Our results are that natural monopoly is safer than duopoly only when strict liability is fully applied. We define conditions that neutralize risk for applying some privatization plan to nuclear park

  20. Alcohol on Campus and Possible Liability.

    Science.gov (United States)

    Buchanan, E. T.

    1983-01-01

    Reviews laws and court cases relating to alcohol and possible civil and criminal liability. Suggests a number of risk management principles, including knowledge of the law, policies forbidding hazing, fostering alcohol awareness, and discipline. (JAC)

  1. Liability and Insurance for Suborbital Flights

    Science.gov (United States)

    Masson-Zwaan, T.

    2012-01-01

    This paper analyzes and compares liability and liability insurance in the fields of aviation and spaceflight in order to propose solutions for a liability regime and insurance options for suborbital flights. Suborbital flights can be said to take place in the grey zone between air and space, between air law and space law, as well as between aviation insurance and space insurance. In terms of liability, the paper discusses air law and space law provisions in the fields of second and third party liability for damage to passengers and 'innocent bystanders' respectively, touching upon international treaties, national law and EU law, and on insurance to cover those risks. Although the insurance market is currently not ready to provide tailor-made products for operators of suborbital flights, it is expected to adapt rapidly once such flights will become reality. A hybrid approach will provide the best solution in the medium term.

  2. Fusion energy and nuclear liability considerations

    International Nuclear Information System (INIS)

    Fork, William E.; Peterson, Charles H.

    2014-01-01

    For over 60 years, fusion energy has been recognised as a promising technology for safe, secure and environmentally-sustainable commercial electrical power generation. Over the past decade, research and development programmes across the globe have shown progress in developing critical underlying technologies. Approaches ranging from high-temperature plasma magnetic confinement fusion to inertial confinement fusion are increasingly better understood. As scientific research progresses in its aim to achieve fusion 'ignition', where nuclear fusion becomes self-sustaining, the international legal community should consider how fusion power technologies fit within the current nuclear liability legal framework. An understanding of the history of the civil nuclear liability regimes, along with the different risks associated with fusion power, will enable nations to consider the proper legal conditions needed to deploy and commercialise fusion technologies for civil power generation. This note is divided into three substantive parts. It first provides background regarding fusion power and describes the relatively limited risks of fusion technologies when compared with traditional nuclear fission technologies. It then describes the international nuclear liability regime and analyses how fusion power fits within the text of the three leading conventions. Finally, it examines how fusion power may fall within the international nuclear liability framework in the future, a discussion that includes possible amendments to the relevant international liability conventions. It concludes that the unique nature of the current civil nuclear liability regime points towards the development of a more tailored liability solution because of the reduced risks associated with fusion power. (authors)

  3. 26 CFR 1.752-2 - Partner's share of recourse liabilities.

    Science.gov (United States)

    2010-04-01

    ... creditor's right to repayment of a partnership liability is limited solely to one or more assets of the... partnership liability equals the portion of that liability, if any, for which the partner or related person... risk of loss for a partnership liability is made under the rules in paragraphs (b) through (k) of this...

  4. Liability for on-site nuclear property damage

    International Nuclear Information System (INIS)

    Neems, H.J.

    2000-01-01

    Typically, liability for on-site property addressed in contracts between operator and its suppliers. Nuclear power plant operators ordinarily protect themselves against risk of nuclear damage to on-site property by insurance. Nuclear liability laws do not specifically address liability for nuclear damage to on-site property. Nuclear plant owners should address risk of damage to on-site property when developing risk management program

  5. Superfund Site Information - Site Sampling Data

    Data.gov (United States)

    U.S. Environmental Protection Agency — This asset includes Superfund site-specific sampling information including location of samples, types of samples, and analytical chemistry characteristics of...

  6. USA - Paper provided by the US delegation to the RWMC. Site Decontamination and Clean-up Under the U.S. EPA 'Superfund'

    International Nuclear Information System (INIS)

    2003-01-01

    Contaminated and hazardous waste sites, including nuclear facilities, may be subject to clean-up under the U.S. Environmental Protection Agency (EPA). The Comprehensive Environmental Response, Compensation, and Liabilities Act (CERCLA), commonly known as 'Superfund', authorises EPA to respond to releases or threatened releases of hazardous substances, pollutants, or contaminants that may endanger public health or the environment. The legislation defines hazardous substances to include radiation. Entry into Superfund: The EPA may be notified of a site potentially requiring clean up from any source. Potential sites are evaluated under a numerical hazard ranking system, and are then included on the clean-up list ('National Priorities List') if they meet an established threshold. Nuclear Facilities and Radioactively Contaminated Sites under Superfund: Any site may be subject to CERCLA action if EPA determines that it poses a hazard. There are three major types of sites that have been or are subject to action under this program: Federal nuclear facilities, Decommissioned facilities, Privately-owned, unlicensed sites Liabilities Under Superfund: The authorising legislation specifically provided for liability of persons responsible for releases of hazardous waste at uncontrolled sites. Liability under CERCLA is 'strict,' 'retroactive,' and 'joint and several'. Thus, the burden of proof for disproving liability is quite high, and that the extent of the liability is not limited to the share of the waste or hazardous substance contributed by a party. The EPA may pursue liable parties to recover past and future costs associated with clean-up, including direct costs and indirect costs incurred by both EPA and its contractors. Clean-Up Levels: Clean-up goals and technologies are established on a site-specific basis. In general, clean-up goals must meet risk requirements and be consistent with applicable standards. Other factors such as community acceptance, volume reduction

  7. A method for estimating the local area economic damages of Superfund waste sites

    International Nuclear Information System (INIS)

    Walker, D.R.

    1992-01-01

    National Priority List (NPL) sites, or more commonly called Superfund sites, are hazardous waste sites (HWS) deemed by the Environmental Protection Agency (EPA) to impose the greatest risks to human health or welfare or to the environment. HWS are placed and ranked for cleanup on the NPL based on a score derived from the Hazard Ranking System (HRS), which is a scientific assessment of the health and environmental risks posed by HWS. A concern of the HRS is that the rank of sites is not based on benefit-cost analysis. The main objective of this dissertation is to develop a method for estimating the local area economic damages associated with Superfund waste sites. Secondarily, the model is used to derive county-level damage estimates for use in ranking the county level damages from Superfund sites. The conceptual model used to describe the damages associated with Superfund sites is a household-firm location decision model. In this model assumes that households and firms make their location choice based on the local level of wages, rents and amenities. The model was empirically implemented using 1980 census microdata on households and workers in 253 counties across the US. The household sample includes data on the value and structural characteristics of homes. The worker sample includes the annual earnings of workers and a vector worker attributes. The microdata was combined with county level amenity data, including the number of Superfund sites. The hedonic pricing technique was used to estimate the effect of Superfund sites on average annual wages per household and on monthly expenditures on housing. The results show that Superfund sites impose statistically significant damages on households. The annual county damages from Superfund sites for a sample of 151 counties was over 14 billion dollars. The ranking of counties using the damage estimates is correlated with the rank of counties using the HRS

  8. Nuclear Liability Laws

    International Nuclear Information System (INIS)

    McIntosh, S.

    2016-01-01

    The principles of the nuclear liability regime, including their application to the case of transport, are described in the IAEA Handbook on Nuclear Law, and will not be repeated in this paper. Rather, this paper examines some specific aspects of liability during transport, and particularly draws on some of the work of the IAEA International Expert Group on Nuclear Liability (INLEX). In that regard, particular reference is made to the Explanatory Texts published in 2004

  9. Sharing Residual Liability

    DEFF Research Database (Denmark)

    Carbonara, Emanuela; Guerra, Alice; Parisi, Francesco

    2016-01-01

    Economic models of tort law evaluate the efficiency of liability rules in terms of care and activity levels. A liability regime is optimal when it creates incentives to maximize the value of risky activities net of accident and precaution costs. The allocation of primary and residual liability...... for policy makers and courts in awarding damages in a large number of real-world accident cases....

  10. General Principles Governing Liability

    International Nuclear Information System (INIS)

    Reyners, P.

    1998-01-01

    This paper contains a brief review of the basic principles which govern the special regime of liability and compensation for nuclear damage originating on nuclear installations, in particular the strict and exclusive liability of the nuclear operator, the provision of a financial security to cover this liability and the limits applicable both in amount and in time. The paper also reviews the most important international agreements currently in force which constitute the foundation of this special regime. (author)

  11. Managing UK nuclear liabilities

    International Nuclear Information System (INIS)

    Sadnicki, Mike; MacKerron, Gordon.

    1997-01-01

    This paper sets out a framework for a fundamental reappraisal of the management of nuclear liabilities in the United Kingdom, built around two policy objectives, sustainable development and cost-effectiveness. The practical implications of the policy objectives are explored in relation to nuclear liability strategies, such as the adequacy or otherwise of current funding arrangements, the completeness of liability estimates and the distribution of financial responsibility between the public and private sector. A fundamental review of the management of nuclear liabilities is urged in the light of inadequacies identified in this paper. (UK)

  12. Superfund fact sheet: The remedial program. Fact sheet

    International Nuclear Information System (INIS)

    1992-09-01

    The fact sheet describes what various actions the EPA can take to clean up hazardous wastes sites. Explanations of how the criteria for environmental and public health risk assessment are determined and the role of state and local governments in site remediation are given. The fact sheet is one in a series providing reference information about Superfund issues and is intended for readers with no formal scientific training

  13. Asset liability management using stochastic programming

    OpenAIRE

    Pirbhai, M; Mitra, G; Kyriakis, T

    2003-01-01

    This chapter sets out to explain an important financial planning model called asset liability management (ALM); in particular, it discusses why in practice, optimum planning models are used. The ability to build an integrated approach that combines liability models with that of asset allocation decisions has proved to be desirable and more efficient in that it can lead to better ALM decisions. The role of uncertainty and quantification of risk in these planning models is con...

  14. Environmental Liability and Organizational Structure

    OpenAIRE

    Laurent Franckx; F.P. de Vries

    2004-01-01

    This paper presents a multitask principal-agent model to examine how environmental liability rules for individual managers within a corporate hierarchy affect, on the one hand, the incentive schemes the organization provides and, on the other hand, the choice between a functional or a product-based organizational structure. If managers are risk neutral, a product-based organization dominates a functional organization and allows to obtain first-best effort level. If, moreover, there are no dis...

  15. The College Professor's Professional Liability

    Science.gov (United States)

    Griggs, Walter S.; Rubin, Harvey W.

    1977-01-01

    The growing number of professional liability suits against professors warrants a close examination of the need for and provisions of available insurance coverage. The evolution of tort liability, the question of negligence, and the professional liability policy are discussed. (LBH)

  16. Transport Nuclear Liability Insurance

    International Nuclear Information System (INIS)

    Folens, M.

    2006-01-01

    Although transport of nuclear substances represents only a very small part of the global transport of dangerous goods, it takes place every day all over the world and it is part of our daily life. Transport of nuclear material takes also place at every stage of the nuclear fuel cycle; radioactive materials are carried out all over the world by all major modes of transport: sea, air, road and rail. Despite the large number of nuclear transports, they are not considered as posing a serious risk. A major nuclear incident is almost always associated with the operating of fixed installations such as nuclear power plants; just think about Three Mile Island and Chernobyl. This perception is strengthened by the absence so far of serious accidents in the nuclear transport sector and this finding is in fact proof of the very safe conditions of nuclear transport. But accidents can never be excluded entirely and in some cases damages could be as large as those caused by fixed installations. This means that protection of the interests of possible victims should also be covered in a correct way. That is why the special nuclear liability regime has also been developed to cover damage caused by a nuclear transport accident. As stated by Patrick Reyners, the prime motivation for originally adopting a special nuclear regime was the harmonisation of national legislation and that nowhere more than in the field of international transport operations is such harmonisation felt desirable . The international legal regime has been developed along two tracks, one based on the mode of transport and the other based on the notion of dangerous goods. The linkage between those two tracks is of permanent concern and the mode of transport is the key element to determine which international instrument should be applicable. The purpose of this paper is to briefly introduce the financial security provided by the insurance industry to cover the international nuclear liability regime for nuclear

  17. Nuclear damage - civil liability

    International Nuclear Information System (INIS)

    Simoes, A.C.

    1980-01-01

    An analysis is made of the civil liability for nuclear damage since there is a need to adjust the existing rules to the new situations created. The conventions that set up the new disciplining rules not considered in the common law for the liability of nuclear damage are also mentioned. (A.L.) [pt

  18. Romanian Nuclear Liability Legislation

    International Nuclear Information System (INIS)

    Banu, R.

    2006-01-01

    The regime of civil liability for nuclear damages in the Romanian legislation is defined especially by the Law no. 703/2001 on civil liability for nuclear damage, as well as the Government Decision no. 894/2003 for the approval of the Norms for the enforcement of Law no. 703/2001. These two documents constitute the legal framework that regulates the third party civil liability for nuclear damages. The paper is proposing to present the main elements of the relatively recent legal framework, namely: the principles content in the international acts on civil liability for nuclear damages, the subject to whom such law applies, the regime of civil liability for nuclear damages in Romania and provisions regarding the terrorist acts.(author)

  19. Research Implementation and Quality Assurance Project Plan: An Evaluation of Hyperspectral Remote Sensing Technologies for the Detection of Fugitive Contamination at Selected Superfund Hazardous Waste Sites

    Science.gov (United States)

    Slonecker, E. Terrence; Fisher, Gary B.

    2009-01-01

    This project is a research collaboration between the U.S. Environmental Protection Agency (EPA) Office of Inspector General (OIG) and the U.S. Geological Survey (USGS) Eastern Geographic Science Center (EGSC), for the purpose of evaluating the utility of hyperspectral remote sensing technology for post-closure monitoring of residual contamination at delisted and closed hazardous waste sites as defined under the Comprehensive Environmental Response Compensation and Liability Act [CERCLA (also known as 'Superfund')] of 1980 and the Superfund Amendments and Reauthorization Act (SARA) of 1986.

  20. Liability exposure for surgical robotics instructors.

    Science.gov (United States)

    Lee, Yu L; Kilic, Gokhan; Phelps, John Y

    2012-01-01

    Surgical robotics instructors provide an essential service in improving the competency of novice gynecologic surgeons learning robotic surgery and advancing surgical skills on behalf of patients. However, despite best intentions, robotics instructors and the gynecologists who use their services expose themselves to liability. The fear of litigation in the event of a surgical complication may reduce the availability and utility of robotics instructors. A better understanding of the principles of duty of care and the physician-patient relationship, and their potential applicability in a court of law likely will help to dismantle some concerns and uncertainties about liability. This commentary is not meant to discourage current and future surgical instructors but to raise awareness of liability issues among robotics instructors and their students and to recommend certain preventive measures to curb potential liability risks. Published by Elsevier Inc.

  1. Should nuclear liability limits be removed. Yes

    International Nuclear Information System (INIS)

    Haas, L.

    1985-01-01

    Arguing in favor of unlimited liability in the event of a nuclear accident, the author cites a mathematical probability of a core meltdown in the US as 45% during the next 20 years. The liability insurance carried by the nuclear industry is less than for large hotels and industrial parks, and is only a small fraction of the potential costs of damage and compensation. If nuclear technology is safe, limits are not needed. If liability is limited, it removes the incentive to improve safety and sends inaccurate price signals to utilities choosing among competing technologies. There is also the ethical aspect of shifting liability costs from ratepayers and stockholders to accident victims and general taxpayers. There are other ways to finance nuclear risks, such as a sinking fund, the removal of the nuclear exclusion in property insurance policies, and annual retrospective assessments per reactors

  2. Environmental pollution and liability insurance

    International Nuclear Information System (INIS)

    Boediker, T.

    1980-01-01

    By the declared will of the legislative bodies to give effect to the polluter pays principle on all levels those have to pay the costs of removing impairments of environmental media that are responsible for its occurence. Thus environmental pollution becomes a considerable financial risk for the polluter. Against this risk they try to protect themselves by the corresponding precautionary measures, e.g. by insurance. The insurance industry is consequently requested to meet this new demand. The legal bases are followed by the description of the insurance relationship under the aspect of the theory of risks, which follows, based on the basic model of decision theory, the objective of a quantitative representation of the situation of the decision. In the last chapter the author deals with the financial security for the risks of a third party liability insurance of environmental pollution as it is offered today in the Federal Republic of Germany. The elaboration of the existing financial security is then compared with the legal conditions of liability. In doing this the author describes cases not covered by financial security and its definition by comparison with findings of risk theory. As a result it becomes obvious that numerous exclusions of risks could quite good be included in the financial security and that the argument of the impossibility to insure often put forward by the insurers to justify the exclusion of risks can neither theoretically nor practically be uphold. (orig./HSCH) [de

  3. Understanding legacy liabilities

    Energy Technology Data Exchange (ETDEWEB)

    Ossi, G.J. [Venable, LLP (United States)

    2005-08-01

    Among the most immediate issues facing operations with a workforce represented by the United Mine Workers of America (UMWA) are the so-called 'legacy liabilities'. Legacy liabilities fall under two categories: retiree health care and pension. The retiree health benefit obligations fall into two categories; statutory - those created under the Coal Industry Retiree Health Benefit Act of 1992 and contractual - the 1993 Employer Benefit Plan and the Individual Employer Plans. The pension liabilities are more straightforward; there are three different retirement plans in the NBCWA; the UMWA 1950 Pension Plan, the UMWA 1974 Pension Plan and the UMWA Cash Deferred Savings Plan of 1988.

  4. BNFL nuclear decommissioning liabilities management program

    International Nuclear Information System (INIS)

    Colquhoun, A.P.

    1995-01-01

    The objective of this paper is to describe BNFL's policy and strategy for decommissioning and also to summarize the overall scope of nuclear liabilities in the wider field of waste retrieval and storage, as well as the dismantling and demolition aspects of decommissioning. BNFL's recently established organisational arrangements for discharging all types of these liabilities are explained, together with a review of practical progress in dealing with them. Organisational changes in recent years have amalgamated decommissioning work with operations covering waste storage and retrieval operations. A strategy of minimising residual activity in shutdown plants is pursued, followed by dismantling and demolition on appropriate time scales to minimise risk and cost. Since April 1995, a new BNFL subsidiary, Nuclear Liabilities Management Company Limited has taken responsibility for discharge of BNFL's Waste Retrieval and Decommissioning liabilities on all BNFL sites. NLM has the objectives of optimal and lowest cost management of liabilities and much clearer segregation of physical operations from project specification and planning. The Ministry of Defense (MoD) policy, strategy, work programmes and progress for the Atomic Weapons Establishment (AWE) are also outlined. MoD/AEA has established an equivalent strategy for dealing with its liabilities. (J.S.). 5 refs., 2 figs., 4 appends

  5. Nuclear liability, nuclear safety, and economic efficiency

    International Nuclear Information System (INIS)

    Wood, W.C.

    1980-01-01

    This dissertation applies the methods of economic analysis to nuclear liability and Price-Anderson. First the legislative history is reviewed; in that history the economic role of liability in affecting safety and allocating risk was virtually ignored. Succeeding chapters reformulate issues from the policy debate and subject them to economic analysis. A persistent issue is whether nuclear utilities respond to their limited liability by allowing a higher probability of serious accident. Comparative-static analysis shows that limited liability does lead to a higher chance of accidents, though the effect may be small. The analysis also shows that safety is achieved in a more capital-intensive manner than is cost-minimizing and that limited liability causes reactor owners to favor more heavily populated sites for plants. Therefore, the siting decision makes potential loss greater even if there is no change in the probability of an accident. Citizens' preferences on nuclear liability are examined next, starting with the nature of coverage that would be just in the sense of contraction theories such as John Rawls' Theory of Justice. Citizens behind Rawls' veil of ignorance, forced to be fair because of their ignorance of whether they will be harmed, unanimously choose a high level of coverage. The just level of coverage is greater than the existing $560 million. Second, the nature of economically efficient liability coverage is determined and contrasted with coverage that would emerge from a democratic system of public choice. Population and expected damage profiles indicate that majorities could easily be formed among groups of citizens expecting to suffer little of the damage of a nuclear accident. Thus, majority voting on liability arrangements is likely to produce an inefficiently low level of coverage

  6. Historical Drawbacks of Limited Liability

    Directory of Open Access Journals (Sweden)

    Denis Boyle

    2016-07-01

    Full Text Available Limited liability is a human invention which has facilitated enormous economic growth around the world, particularly since the time of its general application in advanced countries during the nineteenth century. The individual legal identity of companies, coupled with the limited liability of their owners, has provided protection for investors from the risks associated with their investments. It has thus contributed to increase the sources of capital available to finance projects which might otherwise have been considered unviable. However, the legal protection offered to investors has negative consequences for other participants in economies. Speculation in stock markets often damages society. It is very important to study the drawbacks of limited liability and to suggest modifications to achieve a more stable, less volatile, economic growth in the world. Although this article goes to some lengths to recognise the work of authors who emphasise the positive historical economic contribution of limited lability, its main objective is to provoke a reflection around texts which point out the drawbacks and propose solutions.

  7. Market-Consistent Valuation of Pension Liabilities

    NARCIS (Netherlands)

    Pelsser, Antoon; Salahnejhad, Ahmad; van den Akker, Ramon

    2016-01-01

    Pension funds and life insurance companies have liabilities on their books with extremely long-dated maturities that are exposed to non-hedgeable actuarial risks and also to market risks. In this paper, we show that it is computationally feasible to price pensions contracts in an incomplete market

  8. The Liabilities Management Group

    International Nuclear Information System (INIS)

    Whitehead, A.W.

    1998-01-01

    The Liabilities Management Group (LMG) was initiated by DTI. It is a cooperative forum which was set up in 1995. The current participants are DTI, UKAEA, NLM (for BNFL), MOD and Magnox Electric. The LMG was initiated to produce closer cooperation between public sector liability management organizations, achieve more cost-effective management of UK nuclear liabilities and enhance development of the UK nuclear decommissioning and waste management strategy. The objectives are to compare practices between liabilities management organizations discuss the scope for collaboration identify priority areas for possible collaboration agree action plans for exploring and undertaking such collaboration.Four task forces have been formed to look at specific areas (R and D, safety, contracts, and project management) and each reports separately to the LMG. The LMG has achieved its original aim of bringing together those with public sector liability management responsibilities. All participants feel that the LMG has been useful and that it should continue. Looking to the future, there is a continuing need for the LMG to facilitate removal of barriers to the achievement of best value for money. The LMG might also consider addressing the 'business process' elements that a liability management organization must be good at in order to define best practice in these. (author)

  9. Exposing government response action contractors to environmental tort liability

    International Nuclear Information System (INIS)

    Roy, M.J.

    1991-01-01

    Government contractors, particularly those involved with hazardous waste response action activities, are encountering increased risks for environmental tort liabilities. Contracts often include tasks and work assignments requiring the management of industrial, chemical, nuclear or mining wastes, spent fuels, munitions or other toxic substances. Contractors exposure to liability for damages results directly from the environmental laws and regulations pursuant to which the Government has contracted them to respond. Additionally, contractors may be exposed to common law liability under such dogmas as nuisance, trespass and strict liability in tort

  10. Unlimited - nuclear liabilities in the Federal Republic of Germany

    International Nuclear Information System (INIS)

    Arendt, W.

    1986-01-01

    Unlimited nuclear liabilities as in force in the Federal Republic of Germany go beyond the international rules of the Paris liability agreement. The unlimited liability mainly roots in the positive operational experiences and safety balance of the 20 nuclear power plants which meanwhile are in operation in the Federal Republic of Germany. Nuclear liabilities must not be confounded with scepticism as to the utilization of nuclear power. Extraordinary requirements of that kind should rather be reflecting responsibility and clear ideas and notions of the advantages and risks of nuclear energy. (HSCH) [de

  11. Superfund National Priority List (NPL) Site Boundaries

    Data.gov (United States)

    U.S. Environmental Protection Agency — A set of site boundaries for each site in EPA Region 1 (Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont) on EPA's Superfund National...

  12. Organizational Mortality: The Liabilities of Newness and Adolescence.

    Science.gov (United States)

    Bruderl, Josef; Schussler, Rudolf

    1990-01-01

    Contains a theoretical discussion and an empirical test of Stinchcombe's "liability of newness" hypothesis, which assumes higher failure risks for young organizations than for older ones. This hypothesis does not adequately represent mortality hazards of German business organizations. A "liability of adolescence" concept…

  13. Management of UKAEA graphite liabilities

    International Nuclear Information System (INIS)

    Wise, M.

    2001-01-01

    The UK Atomic Energy Authority (UKAEA) is responsible for managing its liabilities for redundant research reactors and other active facilities concerned with the development of the UK nuclear technology programme since 1947. These liabilities include irradiated graphite from a variety of different sources including low irradiation temperature reactor graphite (the Windscale Piles 1 and 2, British Energy Pile O and Graphite Low Energy Experimental Pile at Harwell and the Material Testing Reactors at Harwell and Dounreay), advanced gas-cooled reactor graphite (from the Windscale Advanced Gas-cooled Reactor) and graphite from fast reactor systems (neutron shield graphite from the Dounreay Prototype Fast Reactor and Dounreay Fast Reactor). The decommissioning and dismantling of these facilities will give rise to over 6,000 tonnes of graphite requiring disposal. The first graphite will be retrieved from the dismantling of Windscale Pile 1 and the Windscale Advanced Gas-cooled Reactor during the next five years. UKAEA has undertaken extensive studies to consider the best practicable options for disposing of these graphite liabilities in a manner that is safe whilst minimising the associated costs and technical risks. These options include (but are not limited to), disposal as Low Level Waste, incineration, or encapsulation and disposal as Intermediate Level Waste. There are a number of technical issues associated with each of these proposed disposal options; these include Wigner energy, radionuclide inventory determination, encapsulation of graphite dust, galvanic coupling interactions enhancing the corrosion of mild steel and public acceptability. UKAEA is currently developing packaging concepts and designing packaging plants for processing these graphite wastes in consultation with other holders of graphite wastes throughout Europe. 'Letters of Comfort' have been sought from both the Low Level Waste and the Intermediate Level Waste disposal organisations to support the

  14. 7 CFR 1400.204 - Limited partnerships, limited liability partnerships, limited liability companies, corporations...

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Limited partnerships, limited liability partnerships..., limited liability partnerships, limited liability companies, corporations, and other similar legal entities. (a) A limited partnership, limited liability partnership, limited liability company, corporation...

  15. New York's new Superfund regulations: Implications for federal and other state programs

    International Nuclear Information System (INIS)

    Pavetto, C.S.; Rubinton, D.S.

    1994-01-01

    The need for cleaning up hazardous waste disposal sites was identified early in New York. In fact, New York's ''Superfund'' statute preceded the federal Superfund law thereby providing a model for CERCLA. Moreover, there are currently almost as many sites on New York's Registry of Inactive Hazardous Waste Disposal sites as there are sites on the National Priorities List. While New York's law served as a model for the federal CERCLA, CERCLA, in turn, has served as a model for other states' statutes. Similarly, lessons learned from the implementation of state Superfund statutes such as New York's can be instructive for those whose work involves dealing with CERCLA-type issues. This is because the problems associated with site restoration and cleanup, such as exceedingly complex site review and evaluation processes, high transaction costs, and difficulties in prioritizing sites for clean-up based upon the threat or risk of environmental harm, are universal

  16. FEATURES OF PROFESSIONAL LIABILITY INSURANCE REALIZATION IN UKRAINE

    Directory of Open Access Journals (Sweden)

    О. Lobova

    2015-04-01

    Full Text Available The signs of professional liability insurance are generalized in the article. It is the presence of losses, additional costs that require mechanisms and sources of compensation. The essence of the professional responsibility concept is determined and it is characterized like specialists material liability of different professions, lack of qualifications, errors and omissions are due to carelessness or negligence may cause harm to the client The main elements of the professional liability insurance contract, such as insurance objects, insurance compensation, insurance risks are described. The types of professional liability insurance are characterized. There are such types of the professional liability insurance: professional liability insurance of architect, lawyer, auditor (accountant, appraiser, notary, customs broker and doctor. It is determined, that the most widespread in Ukraine is the professional liability insurance of lawyer and customs broker because the policy is purchased for the sole purpose to obtain a license. The size of insurance rates in the provision of professional liability insurance in different insurance companies of Ukraine are analyzed. It is established that insurance rate depends on the type of professional activity, scope of service, qualifications and the other factors. The development impulse can only provide judicial and legal definition of professions wide list that are subject under mandatory professional liability insurance.

  17. Liability in nuclear establishments

    International Nuclear Information System (INIS)

    Bockli, H.R.

    1980-01-01

    The paper gives a history of safety legislation in nuclear plants. A change has been suggested to the present law which would put total liability for damage or injury on the owner of the plant. This new legislation is being introduced in Switzerland. It covers even natural disasters as well as acts of war, but excludes injuries caused through negligence or irresponsibility of employee, however, third party injured as a consequence is to be compensated. The liability stretches over 30 years after the event. (G.R.S.)

  18. Limitation of Auditors' Liability

    DEFF Research Database (Denmark)

    Werlauff, Erik; Foged-Ladefoged, Lise Kolding

    2014-01-01

    The article examines the question of whether rules on the limitation of auditors’ liability within the perspective of EU law are needed, and if so, which rules can provide an appropriate balance between the potential injured party’s interests and those of the auditing sector, including with respect...... to the fact that the insurance premiums associated with an unlimited liability must of course make the auditor’s tasks more expensive. Relevant EU recommendations and a comparative glance at other EU countries’ proposed solutions to the problem are included....

  19. The modernization of the international nuclear third party liability regime - does exclusive liability still make sense?

    International Nuclear Information System (INIS)

    Kolehmainen, H.

    2000-01-01

    carefully studied. The exclusive liability of the operator thereby protects the interests of channelling the liability to a person who is in the best position to control a nuclear risk. A reform which would abolish the exclusive liability for the operator represents a step backwards from the point of view of the victims access to compensation. The Paris Convention, the Vienna Convention and the Joint Protocol relating to the Application of the Vienna Convention and the Paris Convention are the basis of nuclear civil laws adopted by the countries in western Europe and more recently in central and eastern Europe. Over the last few years, the IAEA and the OECD/NEA have been working to further strengthen the international nuclear liability regime. That work has resulted in a Protocol to Amend the Vienna Convention and the Convention on Supplementary Compensation for Nuclear Damage adopted in September 1997. These two instruments should substantially enhance the global framework for compensation well beyond that foreseen by existing conventions. The exclusive liability of the nuclear operator is an essential part of the international nuclear liability regime. Without this, the current effort of strengthening the regime cannot be developed for the benefit of victims of a possible nuclear accident. (author)

  20. 75 FR 76946 - Demurrage Liability

    Science.gov (United States)

    2010-12-10

    ... because the warehouseman--which otherwise has no incentive to agree to liability--can avoid liability... based on an unjust enrichment theory? The court rejected such an approach in Middle Atlantic, 353 F...

  1. [The "specific" liability regime for blood products].

    Science.gov (United States)

    Byk, Christian

    2017-10-13

    Based on the system of liability for defective products as organized by the European Directive of 25 July 1985, responsibility for blood products does not therefore constitute a genuine specific regime. However, European law leaves States a margin of discretion in the implementation of the Directive with regard to health products. This is the case in particular with the exemption for development risk.

  2. Stigma: The Psychology and Economics of Superfund (2004)

    Science.gov (United States)

    Study documents the long-term impacts of Superfund cleanup on property values in communities neighboring prominent Superfund sites, examining the sale prices of nearly 35,000 homes for up to a thirty-year period near six very large Superfund sites.

  3. The Principles Of Liability On Telemedicine Practices

    Directory of Open Access Journals (Sweden)

    Arman Anwar

    2016-09-01

    Full Text Available This research was aimed at analyzing and finding the principle of liability in telemedicine medical practice proportionally.This research is a legal research with the approach of statute approach, conceptual approach and comparative approach, as well as the approach to the case approach. According to Article 24 paragraph (1 of the 1945 Constitution and Article 5 (1 of Act No. 48 of 2009 on Judicial Authority, determine that the judge shall explore, and understand the legal values and sense of justice in society. Thus Article 1367 paragraph (3 BW and Article 46 of Act No. 44 of 2009 on Hospitals in the application must be in the context of the intended. The principle of liability risk in medical practice telemedicine in proportion refers to professional liability among medical practitioners telemedicine. The theoretical legitimacy is based on professional relationships in the delegation of medical action based on the code of ethics, professional standards, and service standards, and standard operating procedures. Consequences on liability does not necessarily have to be based on errors primary physician (primary care physician / PCP or primary nurse as subordinate as mean vicarious liability doctrine. Nomenclature "proportional" in a significant liability risk as the distribution of rights and obligations of professionals in proportion to each party's fault based on the values of equality (equitability, feasibility and appropriateness (fair and reasionableness. Accountability based on the viewpoint of interactive justice according to the values of professional skill, prudence or accuracy, responsibility, and colleague and the desire to do good for the sake of healing patients (doing good.

  4. Civil liability for nuclear damage: selected questions connected with the revision of the Vienna Convention

    International Nuclear Information System (INIS)

    Lopuski, J.

    1993-01-01

    This paper concentrates on certain issues raised by the revision of the Vienna Convention. After a general theoretical review of the risk of and the responsibility for nuclear activities in the existing international civil liability regime, the author analyzes the concept of liability, its extent - whether nuclear liability can be absolute and refers to the possible exonerations - and the channelling of risk and liability in this field. The potential sources of compensation and funds for the operator's liability are also taken into consideration. The author also proposes several solutions taking into account the similar systems already established by other international conventions in force, mainly in the maritime field. 14 refs

  5. Standards and producers' liability

    International Nuclear Information System (INIS)

    Kretschmer, F.

    1979-01-01

    The author discusses the liability of producers and the diligence required, which has to come up to technical standards and the latest state of technology. The consequences of this requirement with regard to claims for damages are outlined and proposals for reforms are pointed out. (HSCH) [de

  6. Cargo liability regimes

    Science.gov (United States)

    2001-01-01

    There are at present at least three international regimes of maritime cargo liability in force in different countries of the world - the original Hague rules (1924), the updated version known as the Hague-Visby rules (1968, further amended 1979), and...

  7. Nuclear Liability Legislation in Slovenia

    International Nuclear Information System (INIS)

    Skraban, A.

    1998-01-01

    This paper reviews Slovenian national legislation in the field of third party liability for nuclear damage, applicability of the international nuclear liability treaties in Slovenia legal system and outlines some main provisions of national legislation. It is worth mentioning that legal instruments covering third party liability and compulsory insurance of such liability exist in Slovenia for almost 20 years and that our nuclear facilities are covered by relevant international treaties and conventions in this field, among them also by the Vienna Convention on Civil Liability for Nuclear Damage (from 1977) and the Joint Protocol Relating to the Application of the Vienna Convention and the Paris Convention (from 1994). (author)

  8. Approaching Environmental Cleanup Costs Liability Through Insurance Principles

    National Research Council Canada - National Science Library

    Corbin, Michael A

    1994-01-01

    .... Applying insurance industry principles to environmental cleanup costs liability will provide a firm foundation to reduce the risk of loss to the taxpayer, reduce cleanup costs, and stimulate private...

  9. The underwriting process of liability insurance in South Africa

    Directory of Open Access Journals (Sweden)

    Anderson, S. E.

    2014-03-01

    Full Text Available Liability risks may embody far-reaching financial consequences for individuals, business enterprises and professional people. This paper focuses on the underwriting process which should be taken into consideration by short-term insurers when they are underwriting the main types of liability insurance, which include employer’s, householder’s, personal, product, professional and public liability insurance. The improvement of financial decision-making by short-term insurers when underwriting liability insurance represents the objective of this research. A study of secondary data was done to identify the existing literature, which formed the basis for compiling a questionnaire to obtain primary data. The top 10 short-term insurers which are the market leaders of liability insurance in South Africa and who received more than 85% of the annual gross written premiums for liability insurance in South Africa, represented the sample of the empirical study. This paper highlights the importance of the underwriting factors concerning liability insurance, how often the stipulations of insurance policies should be adjusted by the short-term insurers to account for the underwriting factors, as well as the problem areas which the underwriters may experience when they are underwriting liability insurance. Possible solutions to solve the problem areas were also addressed

  10. Civil liability versus state liability in case of a nuclear incident - some thoughts inspired by the Vienna Convention revision exercise

    International Nuclear Information System (INIS)

    Reyners, P.

    1992-01-01

    The juridical reconstruction involved in the current work in the International Atomic Energy Agency (IAEA) for revision of the Vienna Convention on Civil Liability for Nuclear Damage is not simply a matter of re-surfacing the edifice of private law liability. It has also led certain architects to draw up plans for the foundations of a regime of State responsibility in this field, based on the strict liability of States to compensate for transfrontier damage. Following the post-Chernobyl stocktaking by the author and Otto von Busckist for the Tokyo Congress in 1989, this report sets out to analyse the question of the implementation of States' liability in the case of a nuclear accident, from the viewpoints of positive law, the work of the International Law Commission and specific aspects linked to the nuclear risk. It also examines the proposals in this regard deposited with the IAEA Standing Committee on Liability for Nuclear Damage. (author)

  11. SUPERFUND TREATABILITY CLEARINGHOUSE: BDAT FOR SOLIDIFICATION/STABILIZATION TECHNOLOGY FOR SUPERFUND SOILS (DRAFT FINAL REPORT)

    Science.gov (United States)

    This report evaluates the performance of solidification as a method for treating solids from Superfund sites. Tests were conducted on four different artificially contaminated soils which are representative of soils found at the sites. Contaminated soils were solidified us...

  12. A CONCEPTUAL PERSPECTIVE REGARDING PRODUCT LIABILITY

    Directory of Open Access Journals (Sweden)

    Daniela POPESCU

    2010-01-01

    Full Text Available This study analyses a current and highly important problem because we are in front of an unrecorded growth of the production volume in parallel with its diversification. Due to the fact that the introduction in production of the new products is preceded by the subsequent execution of some manually manufactured prototypes, the products are manufactured afterwards on an industrial scale. Under these circumstances there is the possibility of small errors which affect the consumer’s behaviour towards the new products. That is why, in auditing the focus is on the careful supervision of the opinions of the consumers and especially of the shortcomings of some products indicated by consumers in order to remove these from the manufacturing line. Under these circumstances, a very tight connection is required between the producers and the consumers, and a special liability of the producers towards those products. At the same time this is also a worldwide concern for the regulation of the products responsibility which has already been adopted by some large manufacturing countries. The recent example of USA was followed by the European legislation. That is why American organisations which export to Europe have to be warned because the law of product liability has been adopted in many European countries. The insurance companies are usually paying the initial losses for the cases of product liability. The manufacturer of a product has to protect itself from the risk of being brought to trial or at least to reduce the risk to a level where he could afford a reasonable profit or a continuous growth. In order to meet this objective, we need a product liability prevention program. This study analyses the product liability prevention program and presents some of the essential common elements for such a program. Therefore, one can argue that in order to have an effective product liability prevention program, some operations are required as for example

  13. Petroleum exclusion under CERCLA: A defense to liability

    International Nuclear Information System (INIS)

    Landreth, L.W.

    1991-01-01

    When CERCLA was originally passed in 1980, the petroleum industry lobbied successfully to exclude the term open-quotes petroleumclose quotes from the definition of a CERCLA section 101 (14) hazardous substance. Under CERCLA section 101 (33), petroleum is also excluded from the definition of a open-quotes pollutant or contaminant.close quotes Exclusion from the designation as a defined hazardous substance has provided a defense to liability under CERCLA section 107 when the release of petroleum occurs. The scope of the petroleum exclusion under CERCLA has been a critical and recurring issue arising in the context of Superfund response activities. Specifically, oil that is contaminated by hazardous substances during the refining process is considered open-quotes petroleumclose quotes under CERCLA and thus excluded from CERCLA response authority and liability unless specifically listed under RCRA or some other statute. The U.S. EPAs position is that contaminants present in used oil, or any other petroleum substance, do not fall within the petroleum exclusion. open-quotes Contaminants,close quotes as discussed here, are substances not normally found in refined petroleum fractions or present at levels which exceed those normally found in such fractions. If these contaminants are CERCLA hazardous substances, they are subject to CERCLA response authority and liability. This paper discusses the parameters of the CERCLA open-quotes Petroleum Exclusion.close quotes It briefly examines selected state laws, RCRA, the Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA) for treatment of petroleum and petroleum products. And, finally, this paper discusses new legislation regarding oil pollution liability and compensation

  14. Superfund Sites as Anti-landscapes

    DEFF Research Database (Denmark)

    Nye, David

    2017-01-01

    Americans have used a range of narratives to make sense of their settlement and use of natural resources. This article focuses on narratives of environmental degradation after the United States passed legislation mandating the cleanup of toxic sites and provided a Superfund for that purpose. Thre...

  15. Civil liability on nuclear activities

    International Nuclear Information System (INIS)

    Bittar, C.A.

    1982-01-01

    The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs

  16. Information Processing and Limited Liability

    OpenAIRE

    Bartosz Mackowiak; Mirko Wiederholt

    2012-01-01

    Decision-makers often face limited liability and thus know that their loss will be bounded. We study how limited liability affects the behavior of an agent who chooses how much information to acquire and process in order to take a good decision. We find that an agent facing limited liability processes less information than an agent with unlimited liability. The informational gap between the two agents is larger in bad times than in good times and when information is more costly to process.

  17. Stakeholder value-linked sustainability assessment: Evaluating remedial alternatives for the Portland Harbor Superfund Site, Portland, Oregon, USA.

    Science.gov (United States)

    Apitz, Sabine E; Fitzpatrick, Anne G; McNally, Amanda; Harrison, David; Coughlin, Conor; Edwards, Deborah A

    2018-01-01

    Regulatory decisions on remediation should consider affected communities' needs and values, and how these might be impacted by remedial options; this process requires that diverse stakeholders are able to engage in a transparent consideration of value trade-offs and of the distribution of risks and benefits associated with remedial actions and outcomes. The Stakeholder Values Assessment (SVA) tool was developed to evaluate remedial impacts on environmental quality, economic viability, and social equity in the context of stakeholder values and priorities. Stakeholder values were linked to the pillars of sustainability and also to a range of metrics to evaluate how sediment remediation affects these values. Sediment remedial alternatives proposed by the US Environmental Protection Agency (USEPA) for the Portland Harbor Superfund Site were scored for each metric, based upon data provided in published feasibility study (FS) documents. Metric scores were aggregated to generate scores for each value; these were then aggregated to generate scores for each pillar of sustainability. In parallel, the inferred priorities (in terms of regional remediation, restoration, planning, and development) of diverse stakeholder groups (SGs) were used to evaluate the sensitivity and robustness of the values-based sustainability assessment to diverse SG priorities. This approach, which addresses social indicators of impact and then integrates them with indicators of environmental and economic impacts, goes well beyond the Comprehensive Environmental Response, Compensation and Liability Act's (CERCLA) 9 criteria for evaluating remedial alternatives because it evaluates how remedial alternatives might be ranked in terms of the diverse values and priorities of stakeholders. This approach identified trade-offs and points of potential contention, providing a systematic, semiquantitative, transparent valuation tool that can be used in community engagement. Integr Environ Assess Manag 2018

  18. Fifteen years of Superfund at South Valley: Reengineering required

    International Nuclear Information System (INIS)

    Cormier, J.; Horak, F.

    1995-01-01

    It is no surprise to many of Superfund's practitioners that the law and its application are flawed. The South Valley Superfund Site in Albuquerque, New Mexico has not escaped Superfund's problems. The problems and issues arising out of the South Valley Superfund site have spurred the desire to seek a better way to administer and manage cleanup. This new method applies organizational and role changes that bring Superfund closer to an efficient business-like entity. This ''Reengineered'' Superfund strives for reorganization, contractor reduction, improved communication, reporting reduction, and teaming. In addition, modifications are made to the roles of regulators, potentially responsible parties (PRPs), and the public. Today the site encompasses roughly one square mile in area, includes six identified contaminant sources, and deals with solvent and petroleum by-product contamination

  19. Fukushima: liability and compensation

    International Nuclear Information System (INIS)

    Vasquez-Maignan, Ximena

    2012-01-01

    On 11 March 2011, Japan endured one of the worst natural disasters in its history when a massive earthquake struck the Pacific coast of the country and was followed by a tsunami which led to considerable loss of lives. It also led to a major accident at the Fukushima Daiichi nuclear power plant. Soon afterwards, the operator of the plant, Tokyo Electric Power Company (TEPCO), assumed responsibility and liability for the nuclear accident. On 28 April 2011, TEPCO established a dedicated contact line to provide consulting services for financial compensation related to the damage caused

  20. [Beginners' operations and medical specialist standards : Avoidance of criminal liability and civil liability].

    Science.gov (United States)

    Schneider, H

    2018-05-16

    In all phases, patients are entitled to receive medical treatment according to medical specialist standards. This does not mean that patients necessarily have to be treated by a medical specialist. Operations performed by "beginners", e. g. assistant physicians, are permitted. However, there are increased liability risks, both for the specialist and the assistant physician. Furthermore, there are risks of criminal responsibility for causing bodily harm by negligence or negligent manslaughter. This article portrays the requirements of civil liability and criminal responsibility concerning beginners' operations on the basis of cases and judgments of the Federal Court and the Higher Regional Courts in Germany. Additionally, the reception of the jurisprudence by the relevant legal literature will be discussed. Jurisprudence and legal literature categorize breaches of duty of care. Assistant physicians can be subject to contributory negligence liabilities, while specialists can bear liabilities for negligent selection, organization or supervision. Responsible specialist and assistant physicians can protect themselves (and the patient) and avoid legal risks by only performing operations adequate to their educational level or by delegating operations to beginners and ensuring intervention by a specialist by supervision of the operation which is suitable to the assistant physician's level of education.

  1. Risiko Likuiditas Bank dan Asset Liabilities Management

    OpenAIRE

    Lesmana, Iwan

    2007-01-01

    Uquidity is of critical importance to companies in the banking services sector. Most failures of financialintermediaries have occured in large part due to insufficient liquidity resulting from adverse circumstances.Goldman Sachs has in piace a comprehensive set of liquidity and funding policies that are intended tomaintain significant flexibility to address specific and broader industry or market liquidity events.In asset liabilities mal1agement or liquidity management, liquidity risk is mana...

  2. Nuclear Energy and Liability in Law. Records of the meeting

    International Nuclear Information System (INIS)

    1977-01-01

    The question of nuclear energy and liability in law was discussed at a one-day meeting organised jointly by the Societe francaise de radioprotection and the Societe francaise d'energie nucleaire. This report contains three of the papers presented. The first paper describes the different types of liability: civil, penal, administrative, international and explains the reasons which have led the legislator to introduce special liability rules to meet the problems raised by nuclear energy. The second paper deals with radiation protection and the different types of liability in law which may result from activities involving radiation protection. Finally, the third paper discusses nuclear risk insurance from the viewpoint of atomic insurance pools and specifies that insurers are concerned with improving accident prevention measures, in close collaboration with nuclear operators and the public authorities. (NEA) [fr

  3. Biomonitoring for metal contamination near two Superfund sites in Woburn, Massachusetts, using phytochelatins

    International Nuclear Information System (INIS)

    Gawel, James E.; Hemond, Harold F.

    2004-01-01

    Characterizing the spatial extent of groundwater metal contamination traditionally requires installing sampling wells, an expensive and time-consuming process in urban areas. Moreover, extrapolating biotic effects from metal concentrations alone is problematic, making ecological risk assessment difficult. Our study is the first to examine the use of phytochelatin measurements in tree leaves for delimiting biological metal stress in shallow, metal-contaminated groundwater systems. Three tree species (Rhamnus frangula, Acer platanoides, and Betula populifolia) growing above the shallow groundwater aquifer of the Aberjona River watershed in Woburn, Massachusetts, display a pattern of phytochelatin production consistent with known sources of metal contamination and groundwater flow direction near the Industri-Plex Superfund site. Results also suggest the existence of a second area of contaminated groundwater and elevated metal stress near the Wells G and H Superfund site downstream, in agreement with a recent EPA ecological risk assessment. Possible contamination pathways at this site are discussed

  4. Ordinance on nuclear third party liability (ORCN)

    International Nuclear Information System (INIS)

    1983-12-01

    The Ordinance exempts from the application of the 1983 Act on Nuclear Third Party Liability some substances with low radiation effects. It determines the amount of private insurance cover and defines the risks that insurers may exclude from cover. It establishes a special fund for nuclear damage made up of contributions from the nuclear operators. Specifications are given on the amount of the contributions and their conditions, as well as on administration of the fund. The Ordinance repeals the Ordinance of 13 June 1960 on funds for delayed atomic damage, the Order of 19 December 1960 on contributions to the fund for delayed atomic damage and the Ordinance of 30 November 1981 on cover for third party liability resulting from nuclear power plant operation [fr

  5. An evaluation of traditional and emerging remote sensing technologies for the detection of fugitive contamination at selected Superfund hazardous waste sites

    Science.gov (United States)

    Slonecker, E. Terrence; Fisher, Gary B.

    2011-01-01

    This report represents a remote sensing research effort conducted by the U.S. Geological Survey in cooperation with the U.S. Environmental Protection Agency (EPA) for the EPA Office of Inspector General. The objective of this investigation was to explore the efficacy of remote sensing as a technology for postclosure monitoring of hazardous waste sites as defined under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (Public Law 96-510, 42 U.S.C. §9601 et seq.), also known as \\"Superfund.\\" Five delisted Superfund sites in Maryland and Virginia were imaged with a hyperspectral sensor and visited for collection of soil, water, and spectral samples and inspection of general site conditions. This report evaluates traditional and hyperspectral imagery and field spectroscopic measurement techniques in the characterization and analysis of fugitive (anthropogenic, uncontrolled) contamination at previously remediated hazardous waste disposal sites.

  6. Liability for Diagnosing Malingering.

    Science.gov (United States)

    Weiss, Kenneth J; Van Dell, Landon

    2017-09-01

    Malingering is a medical diagnosis, but not a psychiatric disorder. The label imputes that an evaluee has intentionally engaged in false behavior or statements. By diagnosing malingering, psychiatrists pass judgment on truthfulness. Evaluees taking exception to the label may claim that the professional has committed defamation of character (libel or slander) when the diagnosis is wrong and costs the claimant money or benefits. Clinicians may counter by claiming immunity or that the diagnosis was made in good faith. This problem has come into focus in military and veterans' contexts, where diagnoses become thresholds for benefits. Through historical and literary examples, case law, and military/veterans' claims of disability and entitlement, the authors examine the potency of the malingering label and the potential liability for professionals and institutions of making this diagnosis. © 2017 American Academy of Psychiatry and the Law.

  7. 76 FR 20287 - Superfund Site, New Bedford Harbor, New Bedford, MA: Anchorage Ground and Regulated Navigation Area

    Science.gov (United States)

    2011-04-12

    ... may lead to the discovery of a significant environmental impact from this proposed rule. List of... engaged in activities associated with remediation efforts in the New Bedford Harbor Superfund Site... activity can be performed without undue risk to environmental remediation efforts. Requests for waivers...

  8. Malpractice liability and defensive medicine: a national survey of neurosurgeons.

    Directory of Open Access Journals (Sweden)

    Brian V Nahed

    Full Text Available BACKGROUND: Concern over rising healthcare expenditures has led to increased scrutiny of medical practices. As medical liability and malpractice risk rise to crisis levels, the medical-legal environment has contributed to the practice of defensive medicine as practitioners attempt to mitigate liability risk. High-risk specialties, such as neurosurgery, are particularly affected and neurosurgeons have altered their practices to lessen medical-legal risk. We present the first national survey of American neurosurgeons' perceptions of malpractice liability and defensive medicine practices. METHODS: A validated, 51-question online-survey was sent to 3344 practicing U.S. neurosurgeon members of the American Association of Neurological Surgeons, which represents 76% of neurosurgeons in academic and private practices. RESULTS: A total of 1028 surveys were completed (31% response rate by neurosurgeons representing diverse sub-specialty practices. Respondents engaged in defensive medicine practices by ordering additional imaging studies (72%, laboratory tests (67%, referring patients to consultants (66%, or prescribing medications (40%. Malpractice premiums were considered a "major or extreme" burden by 64% of respondents which resulted in 45% of respondents eliminating high-risk procedures from their practice due to liability concerns. CONCLUSIONS: Concerns and perceptions about medical liability lead practitioners to practice defensive medicine. As a result, diagnostic testing, consultations and imaging studies are ordered to satisfy a perceived legal risk, resulting in higher healthcare expenditures. To minimize malpractice risk, some neurosurgeons have eliminated high-risk procedures. Left unchecked, concerns over medical liability will further defensive medicine practices, limit patient access to care, and increase the cost of healthcare delivery in the United States.

  9. Malpractice liability and defensive medicine: a national survey of neurosurgeons.

    Science.gov (United States)

    Nahed, Brian V; Babu, Maya A; Smith, Timothy R; Heary, Robert F

    2012-01-01

    Concern over rising healthcare expenditures has led to increased scrutiny of medical practices. As medical liability and malpractice risk rise to crisis levels, the medical-legal environment has contributed to the practice of defensive medicine as practitioners attempt to mitigate liability risk. High-risk specialties, such as neurosurgery, are particularly affected and neurosurgeons have altered their practices to lessen medical-legal risk. We present the first national survey of American neurosurgeons' perceptions of malpractice liability and defensive medicine practices. A validated, 51-question online-survey was sent to 3344 practicing U.S. neurosurgeon members of the American Association of Neurological Surgeons, which represents 76% of neurosurgeons in academic and private practices. A total of 1028 surveys were completed (31% response rate) by neurosurgeons representing diverse sub-specialty practices. Respondents engaged in defensive medicine practices by ordering additional imaging studies (72%), laboratory tests (67%), referring patients to consultants (66%), or prescribing medications (40%). Malpractice premiums were considered a "major or extreme" burden by 64% of respondents which resulted in 45% of respondents eliminating high-risk procedures from their practice due to liability concerns. Concerns and perceptions about medical liability lead practitioners to practice defensive medicine. As a result, diagnostic testing, consultations and imaging studies are ordered to satisfy a perceived legal risk, resulting in higher healthcare expenditures. To minimize malpractice risk, some neurosurgeons have eliminated high-risk procedures. Left unchecked, concerns over medical liability will further defensive medicine practices, limit patient access to care, and increase the cost of healthcare delivery in the United States.

  10. Government-sponsored microfinance program: Joint liability vs. individual liability

    Directory of Open Access Journals (Sweden)

    Arghya Kusum Mukherjee

    2014-12-01

    Full Text Available Swarnajayanti Gram Swarozgar Yojana (SGSY is a government-sponsored microfinance program. The scheme is based on four features: group lending with joint liability, progressive lending, back-ended subsidy, and social capital. We propose a new model of SGSY having these features: group lending with individual liability, progressive lending, back-ended subsidy, and social capital. “Joint liability” clause of the existing model is replaced with individual liability in the new model. The paper shows that problem of adverse selection is removed in both models, i.e. in “SGSY with group lending and joint liability” and “SGSY with group lending and individual liability.” The problem of “moral hazard” is more severe in the existing model of SGSY compared with the proposed model of SGSY. Borrowers are also benefitted from participation in the proposed scheme of SGSY than that in the existing model of SGSY.

  11. Some considerations on disciplinary liability overlapping criminal liability

    Directory of Open Access Journals (Sweden)

    Ştefania DUMITRACHE

    2011-12-01

    Full Text Available Among the various forms of legal liability there are many points of contact reflected in their common goal - the encouragement of active members of society. Starting from the statement - the independent nature of the various forms of legal liability does not mean they are excluded - in what follows, given the legal autonomy of spheres of social relations protected by various laws, we will consider disciplinary overlapping with other forms of legal liability - criminal liability. Of course, this is possible only if the act committed by the employee is both disciplinary and criminal. This form of accumulation are possible without violating the principle of non bis in idem that since each of the envisaged legal rules protect different social relations. In addition of this applying the same principle prohibits two or more same kind sanctions for an unlawful action

  12. 75 FR 35456 - Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund...

    Science.gov (United States)

    2010-06-22

    ... of the draft guidelines please contact Rachel Lentz at (202) 566-2745. Please send any comments to Rachel Lentz at lentz.rachel@epa.gov no later than July 2, 2010. FOR FURTHER INFORMATION CONTACT: The U.S...

  13. 78 FR 73525 - Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund...

    Science.gov (United States)

    2013-12-06

    ... Conservation and Recovery Act (RCRA). Many state programs also offer accompanying financial incentive programs... states and tribes that have the management and administrative capacity within their government required... identify the institutional controls relied on in the remedy and include relevant information concerning the...

  14. 76 FR 73622 - Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund...

    Science.gov (United States)

    2011-11-29

    ... tribe'' is defined in this document as it is defined in CERCLA section 101(36). Intertribal consortia... print at libraries, or other community gathering places. \\7\\ For further information on latitude and...

  15. 77 FR 69827 - Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) or Superfund...

    Science.gov (United States)

    2012-11-21

    ... defined in CERCLA section 101(36). Intertribal consortia, as defined in the Federal Register Notice at 67... record including making it available on-line, in print at libraries, or other community gathering places...

  16. 75 FR 49414 - Cooperative Agreements and Superfund State Contracts for Superfund Response Actions

    Science.gov (United States)

    2010-08-13

    ...-0276. FOR FURTHER INFORMATION CONTACT: Angelo Carasea, Assessment and Remediation Division, Office of Superfund Remediation and Technology Innovation, (5204P), Environmental Protection Agency, 1200 Pennsylvania... funds to a State, political subdivision, or Indian Tribe that assumes responsibility as the lead or...

  17. Superfund tio videos: Set A. Overview of superfund, response activities and responsibilities, site discovery, notification, and evaluation. Part 1. Audio-Visual

    International Nuclear Information System (INIS)

    1990-01-01

    The videotape is divided into three sections. Section 1 discusses the development and framework of CERCLA and the Superfund Program and outlines the implementing rules that guide Superfund site cleanups. The Superfund response actions - remedial, removal, and enforcement - are reviewed. Section 2 outlines On-Scene Coordinator's (OSC) and Remedial Project Manager's (RPM) roles and responsibilities in Superfund removal, remedial, and enforcement activities. The other players involved in Superfund response activities also are identified. Section 3 describes how EPA learns of potential Superfund sites and lists the authorities that determine the requirements for site discovery. The procedures used to prioritize the sites and to identify and select sites for remediation are discussed

  18. Minimizing generator liability while disposing hazardous waste

    International Nuclear Information System (INIS)

    Canter, L.W.; Lahlou, M.; Pendurthi, R.P.

    1991-01-01

    Potential liabilities associated with hazardous waste disposal are related to waste properties, disposal practices and the potential threat to people and the environment in case of a pollutant release. Based on various regulations, these liabilities are enforceable and longstanding. A methodology which can help hazardous waste generators select a commercial disposal facility with a relatively low risk of potential liability is described in this paper. The methodology has two parts. The first part has 8 categories encompassing 30 factors common to all facilities, and the second part includes one category dealing with 5 factors on specific wastes and treatment/disposal technologies. This two-part evaluation feature enables the user to adapt the methodology to any type of waste disposal. In determining the scores for the factors used in the evaluation. an unranked paired comparison technique with slight modifications was used to weight the relative importance of the individual factors. In the methodology it is possible for the user to redefine the factors and change the scoring system. To make the methodology more efficient, a user-friendly computer program has been developed; the computer program is written so that desired changes in the methodology can be readily implemented

  19. Nuclear Liability, State of the Art

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    2010-01-01

    Over fifty years ago states started to introduce legislation protecting the public against the potential magnitude and peculiarity of risks arising from the nuclear energy production. They did so trough a specific liability and compensation regime. Whether legislation was based on national initiatives or, as more frequently, related to international nuclear liability conventions, it was based on a number of principles being applied universally. Furthermore, it at the same time strived for not preventing the development of the nuclear industry because of an unbearable liability. This paper aims at explaining the broad outline of the above legislation, its development since its early years, the state of the art as regards its modernisation as well as the (alleged) problems underlying the delay in its introduction in a number of countries. When dealing with those problems it will be inevitable to touch upon a number of insurance related matters, which, as an insurer I am happy to tell, will lead me to familiar territory.(author).

  20. Environmental liability and the independent contractor

    International Nuclear Information System (INIS)

    Gilmour, B.S.

    1999-01-01

    The provisions of the Environmental Protection and Enhancement Act (EPEA) regarding the relationship between a company and an independent contractor were reviewed. The EPEA was introduced in September 1993 and significantly altered the environmental laws in the province of Alberta. The provisions of the EPEA that apply to the petroleum industry are conservation and reclamation as well as provisions concerning release of substances, contaminated sites and penalties. Companies that pollute may be held liable for reclamation, even if the work was carried out by an independent contractor and despite the fact that the independent contractor is not an employee of the company. Under the current EPEA laws, companies may not be able to effectively shift responsibility for environmental liabilities to independent contractors even where the contractor was negligent. This paper presented suggestions regarding contractor agreements and due diligence to help minimize the risk of liability to companies. The paper also discussed the following two types of liabilities under the EPEA's harmful substances section: (1) the obligation to clean up an affected area, and (2) fines and penalties that may be imposed when an offence is committed

  1. Remediation of the Wells G & H Superfund Site, Woburn, Massachusetts.

    Science.gov (United States)

    Bair, E Scott; Metheny, Maura A

    2002-01-01

    Remediation of ground water and soil contamination at the Wells G & H Superfund Site, Woburn, Massachusetts, uses technologies that reflect differences in hydrogeologic settings, concentrations of volatile organic compounds (VOCs), and costs of treatment. The poorly permeable glacial materials that overlie fractured bedrock at the W.R. Grace property necessitate use of closely spaced recovery wells. Contaminated ground water is treated with hydrogen peroxide and ultraviolet (UV) oxidation. At UniFirst, a deep well completed in fractured bedrock removes contaminated ground water, which is treated by hydrogen peroxide, UV oxidation, and granular activated carbon (GAC). The remediation system at Wildwood integrates air sparging, soil-vapor extraction, and ground water pumping. Air stripping and GAC are used to treat contaminated water; GAC is used to treat contaminated air. New England Plastics (NEP) uses air sparging and soil-vapor extraction to remove VOCs from the unsaturated zone and shallow ground water. Contaminated air and water are treated using separate GAC systems. After nine years of operation at W.R. Grace and UniFirst, 30 and 786 kg, respectively, of VOCs have been removed. In three years of operation, 866 kg of VOCs have been removed at Wildwood. In 15 months of operation, 36 kg of VOCs were removed at NEP. Characterization work continues at the Olympia Nominee Trust, Whitney Barrel, Murphy Waste Oil, and Aberjona Auto Parts properties. Risk assessments are being finalized that address heavy metals in the floodplain sediments along the Aberjona River that are mobilized from the Industri-Plex Superfund Site located a few miles upstream.

  2. Particular aspects and limits of absolute nuclear liability

    International Nuclear Information System (INIS)

    Engelhard, M.; Brunengo, C.

    1981-10-01

    Ambiguities subsist concerning the application limits of conventional non-nuclear liability and nuclear liability. Based on three examples where the system of channelling liability onto the operator of a nuclear installation is not applied: holder of low-risk nuclear products or materials; nuclear/supplier contractual relations; and nuclear operator/third party relations, this paper outlines some practical solutions to the problems met. The solutions considered concern: suppression of nuclear risk exclusions in policies underwritten by persons who do not take part in the nuclear activity and generalizing and strengthening of the channelling of the nuclear risk onto the operator as well as creation of ''bridges'' between the existing Conventions. (NEA) [fr

  3. Civil Liability for Environmental Damages

    Directory of Open Access Journals (Sweden)

    Daniela Ciochină

    2012-05-01

    Full Text Available We debated in this article the civil liability for environmental damages as stipulated in ourlegislation with reference to Community law. The theory of legal liability in environmental law is basedon the duty of all citizens to respect and protect the environment. Considering the importance ofenvironment in which we live, the liability for environmental damages is treated by the Constitution as aprinciple and a fundamental obligation. Many human activities cause environmental damages and, in linewith the principle of sustainable development, they should be avoided. However, when this is notpossible, they must be regulated (by criminal or administrative law in order to limit their adverse effectsand, according to the polluter pays principle, to internalize in advance their externalities (through taxes,insurances or other forms of financial security products. Communication aims to analyze these issues andlegal regulations dealing with the issue of liability for environmental damage.

  4. Current US nuclear liability regime

    International Nuclear Information System (INIS)

    Brown, O.F.

    2000-01-01

    The Price-Anderson Act Adopted by US Congress in 1957 as the world's first national nuclear liability regime. It is a comprehensive, complicated and unique system and stems from special features of US legal regime and federal system of government. It differs from other systems by providing for 'economic', not legal; channeling of liability to facility operator and not recommended as model for other states, but most features adopted by other states and international conventions

  5. Professional liability. Etiology.

    Science.gov (United States)

    White, K C

    1988-03-01

    Once again, I find Mr. Cooper quote-worthy for his statement, "It is incumbent upon the trial bar not to support the status quo merely because it is in our economic interest. Change is in the wind, and our tort system will be blown away on the winds of change for change's sake unless we participate in correcting deficiencies in the tort system and civil jury trial process." I suggest that we cannot ask for change for our own economic interest, nor can we lay blame exclusively to the other etiologic elements. We must improve those elements within our purview. The prayer of serenity may serve us well: God, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference. In the game of professional liability litigation as played by the rules extant there are clearly winners and losers. The winners are the legal profession, both plaintiff and defense, and the insurers, who in the face of adversity simply increase premiums or withdraw from the market. The losers are the medical profession, the patients for whom they care and, in the broadest sense, our society as a whole. So as not to close on a note of gloom, one last quote. Lawrence H. Cooke, former Chief Judge of New York State, in remarks to the April 1986 National Symposium on Civil Justice Issues stated, "Our justice systems are beset with very real problems.(ABSTRACT TRUNCATED AT 250 WORDS)

  6. Reference manual for toxicity and exposure assessment and risk characterization. CERCLA Baseline Risk Assessment

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1995-03-01

    The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, 1980) (CERCLA or Superfund) was enacted to provide a program for identifying and responding to releases of hazardous substances into the environment. The Superfund Amendments and Reauthorization Act (SARA, 1986) was enacted to strengthen CERCLA by requiring that site clean-ups be permanent, and that they use treatments that significantly reduce the volume, toxicity, or mobility of hazardous pollutants. The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) (USEPA, 1985; USEPA, 1990) implements the CERCLA statute, presenting a process for (1) identifying and prioritizing sites requiring remediation and (2) assessing the extent of remedial action required at each site. The process includes performing two studies: a Remedial Investigation (RI) to evaluate the nature, extent, and expected consequences of site contamination, and a Feasibility Study (FS) to select an appropriate remedial alternative adequate to reduce such risks to acceptable levels. An integral part of the RI is the evaluation of human health risks posed by hazardous substance releases. This risk evaluation serves a number of purposes within the overall context of the RI/FS process, the most essential of which is to provide an understanding of ``baseline`` risks posed by a given site. Baseline risks are those risks that would exist if no remediation or institutional controls are applied at a site. This document was written to (1) guide risk assessors through the process of interpreting EPA BRA policy and (2) help risk assessors to discuss EPA policy with regulators, decision makers, and stakeholders as it relates to conditions at a particular DOE site.

  7. Reference manual for toxicity and exposure assessment and risk characterization. CERCLA Baseline Risk Assessment

    International Nuclear Information System (INIS)

    1995-03-01

    The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, 1980) (CERCLA or Superfund) was enacted to provide a program for identifying and responding to releases of hazardous substances into the environment. The Superfund Amendments and Reauthorization Act (SARA, 1986) was enacted to strengthen CERCLA by requiring that site clean-ups be permanent, and that they use treatments that significantly reduce the volume, toxicity, or mobility of hazardous pollutants. The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) (USEPA, 1985; USEPA, 1990) implements the CERCLA statute, presenting a process for (1) identifying and prioritizing sites requiring remediation and (2) assessing the extent of remedial action required at each site. The process includes performing two studies: a Remedial Investigation (RI) to evaluate the nature, extent, and expected consequences of site contamination, and a Feasibility Study (FS) to select an appropriate remedial alternative adequate to reduce such risks to acceptable levels. An integral part of the RI is the evaluation of human health risks posed by hazardous substance releases. This risk evaluation serves a number of purposes within the overall context of the RI/FS process, the most essential of which is to provide an understanding of ''baseline'' risks posed by a given site. Baseline risks are those risks that would exist if no remediation or institutional controls are applied at a site. This document was written to (1) guide risk assessors through the process of interpreting EPA BRA policy and (2) help risk assessors to discuss EPA policy with regulators, decision makers, and stakeholders as it relates to conditions at a particular DOE site

  8. Alternating current electrocoagulation for Superfund site remediation

    International Nuclear Information System (INIS)

    Farrell, C.W.

    1991-01-01

    A study is being conducted by Electro-Pure Systems, Inc. (EPS) under the Emerging Technology portion of the U.S. Environmental Protection Agency's (EPA's) Superfund Innovative Technology Evaluation (SITE) Program to study alternating current electrocoagulation for Superfund site remediation. Alternating current electrocoagulation has proven to be effective in agglomerating and removing colloidal solids, metals and certain organic contaminants from surrogate soils prepared from the US EPA's Synthetic Soil Matrix. Treatments under a wide range of operating conditions have enabled the optimum parameter settings to be established for multiple phase separation. Electrocoagulation enables appreciably enhanced filtration and dewatering rates to be realized for metals- and diesel fuel-spiked surrogate soil slurries; such enhancements are prompted by growth in the mean particle size of the clays and particulates from typically < 10 microns to as much as 150 microns depending on the degree of electrocoagulation. Reduction in the total suspended solids content of clays in all slurries in excess of 90% can routinely be achieved. Bench-scale experiments of the metals-spiked surrogate soils indicate that electrocoagulation preferentially concentrates soluble metals into the sludge phase; excellent metals separation (Pb, Cr, Cu, Cd) can be realized. Experiments on surrogate wastes spiked with volatile organics suggest that this technology is not capable of effecting good volatile extractions from the aqueous phase. Reductions in excess of 80% in the total organic carbon (TOC) content of the diesel fuel-spiked surrogates can, however, be achieved

  9. Asset Liability Management in Insurance Company

    OpenAIRE

    Giandomenico, Rossano

    2006-01-01

    The model, by using the option theory, determines the fair value of the insurance life policies with different time of maturity and shows that the effective liabilities duration of an Insurance Company exposed to the default risk is different from the duration of a default free zero coupon bond with the same time of maturity. Furthermore, it shows that the value of equity can be immunized in a dynamic way with respect to the movement of the spot rate by selling and purchasing the default fre...

  10. Feasibility study for the United Heckathorn Superfund Site, Richmond, California

    Energy Technology Data Exchange (ETDEWEB)

    Lincoff, A.H. [US Environmental Protection Agency, San Francisco, CA (United States). Region IX; Costan, G.P.; Montgomery, M.S.; White, P.J. [Pacific Northwest Lab., Richland, WA (United States)

    1994-07-01

    The United Heckathom Superfund Site in Richmond, California, was used to formulate pesticides from approximately 1947 to 1966. Soils at the site and sediments in the harbor were contaminated with various chlorinated pesticides, primarily DDT, as a result of these activities. The US Environmental Protection Agency listed the site on the Superfund National Priorities List in 1990. This document is part of the Remedial Investigation and Feasibility Study phase of the Superfund response, which will provide the basis for selection of a final remedy that will protect human health and the environment and achieve compliance with federal and state envirorunental laws.

  11. Feasibility study for the United Heckathorn Superfund Site, Richmond, California

    International Nuclear Information System (INIS)

    Lincoff, A.H.

    1994-07-01

    The United Heckathom Superfund Site in Richmond, California, was used to formulate pesticides from approximately 1947 to 1966. Soils at the site and sediments in the harbor were contaminated with various chlorinated pesticides, primarily DDT, as a result of these activities. The US Environmental Protection Agency listed the site on the Superfund National Priorities List in 1990. This document is part of the Remedial Investigation and Feasibility Study phase of the Superfund response, which will provide the basis for selection of a final remedy that will protect human health and the environment and achieve compliance with federal and state envirorunental laws

  12. Third party liability for nuclear damage

    International Nuclear Information System (INIS)

    Crancher, D.W.

    1976-12-01

    Basic principles of nuclear liability legislation are discussed including absolute and limited liability and the role of the Sovereign State in idemnifying the operator for damage in excess of limited liability. European counrties realised the need for unifying the law of nuclear instability and efforts were made accordingly towards producing workable international conventions. The world's first legislation on nuclear liability - the USA Price-Anderson Act - is described in detail and a digest of nuclear liability claims experience is given. Observations of the present status of nuclear third party liability are outlined. (Author)

  13. Liability of statutory organs in limited liability companies

    Directory of Open Access Journals (Sweden)

    Martin Janků

    2011-01-01

    Full Text Available Statutory organs of business companies (and similarly of co-operatives have numerous obligations imposed by generally binding provisions; relied with these is the liability for non-fulfilment of the latter. Some of the obligations are imposed directly by the laws, some are assumed on contractual basis. Their infringements may lead to the liability for the situation and consequences occurred. The regulation of the liability of persons engaged in the company’s bodies covers persons that are entrusted by the management of foreign assets. Sometimes these are in fact not entirely foreign assets because, although the assets are legally owned by the business company, persons acting as statutory organs are mostly partners (shareholders in these companies as well. As such they manage the foreign assets but the company properties were created by their contributions or through the business by themselves. The paper analyses the requirements laid down for the function of managing directors (jednatel in the limited company. Consequently it analyses the scope of the liability of managing directors firstly, in relationship to the company’s creditors (persons standing outside the company and, subsequently, in relationship to the shareholders. It also presents and characterises the recent trends in the Commercial Court’s judgement of the conditions required for the liability for damage and claims for damages put forward by action to recover damages by the managing directors. De lege ferenda the paper recommends that the legal regulation will be amended by provisions limiting the scope of persons to be appointed as executive director and/or extending the liability for damages for the partners of the company in cases where the damage in such cases can not be compensated by the executive director and the partners should bear consequences for their culpa in eligendo.

  14. A strategy for end point criteria for Superfund remediation

    International Nuclear Information System (INIS)

    Hwang, S.T.

    1992-06-01

    Since the inception of cleanup for hazardous waste sites, estimating target cleanup levels has been the subject of considerable investigation and debate in the Superfund remediation process. Establishing formal procedures for assessing human health risks associated with hazardous waste sites has provided a conceptual framework for determining remediation goals and target cleanup levels (TCLs) based on human health and ecological risk consideration. This approach was once considered at variance with the concept of the pre-risk assessment period; that is, cleaning up to the background level, or using containment design or best available control technologies. The concept has been gradually adopted by the regulatory agencies and the parties responsible for cleanup. Evaluation of cleanup strategies at the outset of the planning stage will eventually benefit the parties responsible for cleanup and the oversight organizations, including regulatory agencies. Development of the strategies will provide an opportunity to promote an improvement in the pace and quality of many activities to be carried out. The strategies should help address the issues related to (1) improving remediation management activities to arrive at remediation as expeditiously as possible, (2) developing alternate remediation management activities, (3) identifying obstructing issues to management for resolution, (4) adapting the existing framework to correspond to the change in remediation statutes and guidelines, and (5) providing the basis for evaluating options for the record of decision process. This paper will discuss some of the issues and the research efforts that were addressed as part of the strategies requiring future discussion and comment

  15. Defining the role of risk assessment in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) remedial investigation process at the DOE-OR

    International Nuclear Information System (INIS)

    Miller, P.D.; McGinn, C.W.; Purucker, S.T.; White, R.K.

    1994-08-01

    The risk assessment strategy that will be implemented on the Oak Ridge Reservation has been standardized to ensure consistency and technical defensibility in all risk assessment activities and is presented within this document. The strategy emphasizes using existing environmental data in screening risk analyses to aid in identifying chemicals of potential concern, operable units that could pursue a no further investigation determination, and operable units that may warrant early response actions. The screening risk analyses include a comparison of measured chemical concentrations to preliminary remediation goals, performing a most likely exposure and integration point assessment, and performing a screening ecological risk assessment. This document focuses heavily on the screening risk analyses and relies on existing U.S. Environmental Protection Agency risk assessment guidance to provide specific details on conducting baseline risk assessments. However, the document does contain a section on the baseline risk assessment process that details the exposure pathways to be evaluated on the Oak Ridge Reservation. This document will be used in conjunction with existing Martin Marietta Energy Systems, Inc. Environmental Restoration risk assessment standards, policies, procedures, and technical memoranda. The material contained herein will be periodically updated as the strategy is tried and tested and as the risk assessment methodology is revised. The primary purpose for this document is to present the proposed strategy to the Tennessee Department of Environment and Conservation and the U.S. Environmental Protection Agency, Region IV and receive concurrence or additional comments on the material presented herein

  16. Civil liability for nuclear damage

    International Nuclear Information System (INIS)

    1963-01-01

    An international Convention on Civil Liability for Nuclear Damage was adopted in Vienna on 19 May 1963 by a sixty-nation conference convened by the International Atomic Energy Agency. The Convention, which is subject to ratification by the States signing it, will come into force three months after the deposit of the fifth instrument of ratification. The Convention is designee only to establish minimum rules regarding civil liability for nuclear damage; it may thus well be described as a framework convention, the main provisions of which represent the essential common denomination acceptable to as many States as possible. It leaves wide scope for national legislation and regional arrangements with a view to implementing these provisions The Convention does not purport to create a uniform civil law in this field, but it contains the minimal essential for protection of the public and forms the legal basis for uniform world-wide liability rules

  17. Reassessing the nuclear liability regime

    International Nuclear Information System (INIS)

    Havinh Phuong

    1985-01-01

    The nuclear liability regime was thoroughly reviewed by nuclear plant operators, officials of regulatory authorities, and legal and insurance experts at the Symposium on Nuclear Third Party Liability and Insurance, held in September 1984 in Munich, Federal Republic of Germany. The symposium highlighted specific areas where adjustments or improvements would be needed in order to cope with practical problems encountered or emerging issues. By focusing on questions of legitimate concern to the public, it also sought to promote confidence in a compensation system for public protection that is in many ways unique. Topics addressed included the following: greater harmonization of the compensation amounts for nuclear damage established in different countries and in territorial scope; the concept of unlimited liability; the time limitation for compensation claims; the problem of proving causation; the concept of nuclear damage; and insurance coverage

  18. Optimization Review: Carson River Mercury Superfund Site, Carson City, Nevada

    Science.gov (United States)

    The Carson River Mercury Site (CRMS) (Figure 1) is located in northwest Nevada and was designated a Superfund site in 1990 because of elevated mercury concentrations observed in surface water, sediments and biota inhabiting the site.

  19. Strategy to Ensure Institutional Control Implementation at Superfund Sites

    Science.gov (United States)

    This document sets forth EPA’s strategy (Strategy) for ensuring that institutional controls (ICs) are successfully implemented at Superfund sites, with an emphasis on evaluating ICs at sites where all construction of all remedies is complete (construction complete sites).

  20. Remediation System Evaluation, Savage Municipal Water Supply Superfund Site (PDF)

    Science.gov (United States)

    The Savage Municipal Water Supply Superfund Site, located on the western edge of Milford, New Hampshire, consists of a source area and an extended plume that is approximately 6,000 feet long and 2,500 feet wide.

  1. In-Depth Case Studies of Superfund Reuse

    Science.gov (United States)

    SRI’s in-depth case studies explore Superfund reuse stories from start to finish. Their purpose is to see what redevelopment strategies worked, acknowledge reuse barriers and understand how communities overcame the barriers to create new reuse outcomes.

  2. Report: Remedial Project Manager Turnover at Superfund Sites

    Science.gov (United States)

    Report #2001-M-000015, June 15, 2001. We determined that EPA Region III did not have formal procedures in place to mitigate continuity problems caused by turnover of EPA personnel in the Superfund program.

  3. Privacy Impact Assessment for the Enforcement Superfund Tracking System

    Science.gov (United States)

    This Enforcement Superfund Tracking System (ESTS) collects publicly available information from the California Secretary of State on businesses. Learn how this data is collected, how it will be used, access to the data, and the purpose of data collection.

  4. Civil liability concerning nuclear accidents

    International Nuclear Information System (INIS)

    Anon.

    2013-01-01

    France and the USA wish to cooperate in order to promote an international regime of civil liability in order to give a fair compensation to victims of nuclear accidents as it is recommended by IAEA. On the other hand the European Commission has launched a consultation to see the necessity or not to harmonize all the civil liability regimes valid throughout Europe. According to the Commission the potential victims of nuclear accidents would not receive equal treatment at the European scale in terms of insurance cover and compensation which might distort competition in the nuclear sector. (A.C.)

  5. Fiscal Liability of State Contractors

    Directory of Open Access Journals (Sweden)

    Santiago Fajardo-Peña

    2017-06-01

    Full Text Available The State contract is one of the most important tools for public management. The formation, execution and liquidation of State contracts are also a potential cause of State patrimonial damages. Perhaps for this reason, many State contractors are prosecuted as if they were public spending managers. The question, however, is not as simple. The fiscal liability process has a qualified recipient: the fiscal manager. In this article, through a conceptual exposition and a case study, we identify the criterion for determining in which cases a State contractor acquires the function of controlling public funds and when he/she can be subjected to a fiscal liability.

  6. Nature and finality of liability insurance support to nuclear operators

    International Nuclear Information System (INIS)

    Deprimoz, J.

    1975-01-01

    First the specific features of the law originated from the Paris Convention of 1960 is described: strict liability channeled on the operator, the both principles being already underlying in the insurance policies delivered to nuclear operators before their introduction in the internal legislation of the countries that ratified the convention. Then the specific services expected from the liability Insurer are reviewed and the method now prevailing for a rating approach of the risks is analyzed. The new rating techniques that could be justified by speeding up the erection program of nuclear plants through the world are surveyed [fr

  7. Nuclear liability in the course of transport - some insurance aspects

    International Nuclear Information System (INIS)

    Andersson, G.

    1993-01-01

    This presentation deals with some legal and practical problems in the transport liability field, problems the author has met over the years as an insurer of nuclear risks. The intention is not to give a presentation of the nuclear liability rules as such, which should be familiar to the reader, neither to give an overall survey of the insurance procedures as regards transport of nuclear substances. It will just point out a few questions that are typical for this kind of business and that might be of interest for those who in one way or another might be involved in the insurance of nuclear transports

  8. Nuclear liability legislation in the Republic of Croatia

    International Nuclear Information System (INIS)

    Sladonja, B.

    2000-01-01

    This paper contains same basic data about the legal norms relating to the third party liability system for nuclear damage that are in force in Croatia. It also describes the provisions of the new Croatian Act on Liability for Nuclear Damage, giving emphasis on those implementing substantial changes compared to the old Act. Finally, it contains some remarks relating to the possible adoption of Vienna Protocol and Convention on Supplementary Compensation of 1997 or Pariz/Brussels conventions as an alternative and at the end about the practice on the insurance of nuclear risks in the last twenty years by the Croatian Pool. (author)

  9. K Calitz THE LIABILITY OF CHURCHES FOR THE HISTORICAL

    African Journals Online (AJOL)

    Setup

    Father Baldwin is so close in character to one of employer/employee that it is just and fair to hold the ... Catholic Child Welfare Society & Ors v Various Claimants & Institute of Brothers of the Christian. Schools 2012 UKSC 56 ..... liability on a close connection between the enterprise risk and the wrongful acts, as. 70. Jacobi v ...

  10. Tort Liability of School Districts, Officers, and Employees

    Science.gov (United States)

    Knowles, Laurence

    1972-01-01

    Discusses the tactics of tort litigation in the public area, and outlines 1972 State and Federal court cases involving such tort liability issues as (1) governmental immunity, (2) negligence and foreseeability, (3) assumption of risk, (4) contributory negligence, and (5) independent intervening cause. (JF)

  11. A stochastic-programming approach to integrated asset and liability ...

    African Journals Online (AJOL)

    This increase in complexity has provided an impetus for the investigation into integrated asset- and liability-management frameworks that could realistically address dynamic portfolio allocation in a risk-controlled way. In this paper the authors propose a multi-stage dynamic stochastic-programming model for the integrated ...

  12. Nuclear liability insurance: a resume of recent years

    International Nuclear Information System (INIS)

    Marrone, J.

    1975-01-01

    The nuclear liability-insurance pools have steadily increased nuclear liability insurance available to the nuclear industry to its present $125 million, which is more than double the $60 million first provided in 1957. The insurance pools also provide an additional $175 million of all-risk property insurance to protect against loss of property at a nuclear facility, for a total of $300 million. This amount of liability and property insurance available for nuclear risks exceeds the coverage the insurance industry has at risk anywhere on a single unit of risk, thus attesting to the confidence in nuclear safety. The extraordinary safety achieved and recorded by the loss experience of the nuclear pools is described. The insurance pools have proposed a change in the Price--Anderson Act which would provide substantial additional sums of nuclear liability insurance to protect the public and which is likely to be the subject of examination by Congress during 1975. The proposal, if implemented, will gradually increase the protection afforded to the public and virtually eliminate the role of government indemnity. (auth)

  13. Chromosomal aberrations in Sigmodon hispidus from a Superfund site

    International Nuclear Information System (INIS)

    Bowers, B.; McBee, K.; Lochmiller, R.; Burks, S.; Qualls, C.

    1995-01-01

    Cotton rats (Sigmodon hispidus) were collected from an EPA Superfund site located on an abandoned oil refinery. Three trapping grids were located on the refinery and three similar grids were located at uncontaminated localities which served as reference sites. Bone marrow metaphase chromosome preparations were examined for chromosomal damage. For each individual, 50 cells were scored for six classes of chromosomal lesions. For the fall 1991 trapping period, mean number of aberrant cells per individual was 2.33, 0.85, and 1.50 for the three Superfund grids., Mean number of aberrant cells per individual was 2.55, 2.55, and 2.12 from the reference grids. Mean number of lesions per cell was 2.77, 0.86, and 1.9 from the Superfund grids, and 3.55, 2.77, and 2.50 from the reference grids. For the spring 1992 trapping period, more damage was observed in animals from both Superfund and reference sites; however, animals from Superfund grids had more damage than animals from reference grids. Mean number of aberrant cells per individual was 3.50, 3.25, and 3.70 from the Superfund grids, and 2.40, 2.11, and 1.40 from the reference grids. Mean number of lesions per cell was 4.80, 4.25, and 5.50 from the Superfund grids, and 2.60, 2.33, and 1.50 from the reference grids. These data suggest animals may be more susceptible to chromosomal damage during winter months, and animals from the Superfund grids appear to be more severely affected than animals from reference grids

  14. The Limited Liability Company: An Analysis

    OpenAIRE

    Wayne Wells; Gary Yoshimoto

    1993-01-01

    In recent years, businesses in many states have been given the opportunity to select a new form in which to conduct business called the limited liability company. This form provides the advantage of the personal liability protection of a corporation, while being taxed as a partnership. If most states create the limited liability company and current issues of uncertainty are favorably resolved, the limited liability company should become the most advantageous business form for most small and m...

  15. Unlimited liability will not automatically establish unlimited coverage

    International Nuclear Information System (INIS)

    Breining, W.

    1980-01-01

    Comments from the point of view of insurance companies. The plans of the Federal Ministry of the Interior to reform nuclear liability law in the Federal Republic of Germany, especially the intention to abolish the maximum liability limit, were commented upon also from the point of view of the insurance companies at the 6th German Atomic Energy Law Symposium. Reference was made, above all, to the problems which could arise from the fact that insurance companies need broad international backing and, accordingly, harmonization with the liability rules and conditions valid in other countries, in order to cover the high nuclear risks. Another problem to which attention was drawn was the need for evidence in catastrophic cases and the capability to settle cases of damage arising under such conditions. (orig.) 891 HP/orig. 892 MB [de

  16. The liability rules under international GHG emissions trading

    International Nuclear Information System (INIS)

    Zhong Xiang Zhang

    2001-01-01

    Article 17 of the Kyoto Protocol authorizes emissions trading, but the rules governing emissions trading have been deferred to subsequent conferences. In designing and implementing an international greenhouse gas (GHG) emissions trading scheme, assigning liability rules has been considered to be one of the most challenging issues. In general, a seller-beware liability works well in a strong enforcement environment. In the Kyoto Protocol, however, it may not always work. By contrast, a buyer-beware liability could be an effective deterrent to non-compliance, but the costs of imposing it are expected to be very high. To strike a middle ground, we suggest a combination of preventive measures with strong but feasible end-of-period punishments to ensure compliance with the Kyoto emissions commitments. Such measures aim to maximize efficiency gains from emissions trading and at the same time, to minimize over-selling risks. (author)

  17. Hazard waste risk assessment

    International Nuclear Information System (INIS)

    Hawley, K.A.; Napier, B.A.

    1986-01-01

    Pacific Northwest Laboratory continued to provide technical assistance to the Department of Energy (DOE) Office of Operational Safety (OOS) in the area of risk assessment for hazardous and radioactive-mixed waste management. The overall objective is to provide technical assistance to OOS in developing cost-effective risk assessment tools and strategies for bringing DOE facilities into compliance with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund) and the Resource Conservation and Recovery Act (RCRA). Major efforts during FY 1985 included (1) completing the modification of the Environmental Protection Agency (EPA) Hazard Ranking System (HRS) and developing training manuals and courses to assist in field office implementation of the modified Hazard Ranking System (mHRS); (2) initiating the development of a system for reviewing field office HRS/mHRS evaluations for appropriate use of data and appropriate application of the methodology; (3) initiating the development of a data base management system to maintain all field office HRS/mHRS scoring sheets and to support the master OOS environmental data base system; (4) developing implementation guidance for Phase I of the DOE CERCLA Program, Installation Assessment; (5) continuing to develop an objective, scientifically based methodology for DOE management to use in establishing priorities for conducting site assessments under Phase II of the DOE CERCLA Program, Confirmation; and (6) participating in developing the DOE response to EPA on the proposed listing of three sites on the National Priorities List

  18. Region 9 NPL Sites (Superfund Sites 2013)

    Science.gov (United States)

    NPL site POINT locations for the US EPA Region 9. NPL (National Priorities List) sites are hazardous waste sites that are eligible for extensive long-term cleanup under the Superfund program. Eligibility is determined by a scoring method called Hazard Ranking System. Sites with high scores are listed on the NPL. The majority of the locations are derived from polygon centroids of digitized site boundaries. The remaining locations were generated from address geocoding and digitizing. Area covered by this data set include Arizona, California, Nevada, Hawaii, Guam, American Samoa, Northern Marianas and Trust Territories. Attributes include NPL status codes, NPL industry type codes and environmental indicators. Related table, NPL_Contaminants contains information about contaminated media types and chemicals. This is a one-to-many relate and can be related to the feature class using the relationship classes under the Feature Data Set ENVIRO_CONTAMINANT.

  19. 12 CFR 229.21 - Civil liability.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 3 2010-01-01 2010-01-01 false Civil liability. 229.21 Section 229.21 Banks and Banking FEDERAL RESERVE SYSTEM (CONTINUED) BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM... Availability Policies § 229.21 Civil liability. (a) Civil liability. A bank that fails to comply with any...

  20. 12 CFR 965.2 - Authorized liabilities.

    Science.gov (United States)

    2010-01-01

    ... 12 Banks and Banking 7 2010-01-01 2010-01-01 false Authorized liabilities. 965.2 Section 965.2 Banks and Banking FEDERAL HOUSING FINANCE BOARD FEDERAL HOME LOAN BANK LIABILITIES SOURCE OF FUNDS § 965.2 Authorized liabilities. As a source of funds for business operations, each Bank is authorized to...

  1. Blasting at a Superfund chemical waste site

    International Nuclear Information System (INIS)

    Burns, D.R.

    1991-01-01

    During the summer of 1989, Maine Drilling and Blasting of Gardiner, Maine was contracted by Cayer Corporation of Harvard, Massachusetts to drill and blast an interceptor trench at the Nyanza Chemical Superfund Site in Ashland, Massachusetts. The interceptor trench was to be 1,365 feet long and to be blasted out of granite. The trench was to be 12 feet wide at the bottom with 1/1 slopes, the deepest cut being 30 feet deep. A French drain 12 feet wide by 15 to 35 feet deep was blasted below the main trench on a 2% slope from its center to each end. A French drain is an excavation where the rock is blasted but not dug. The trench would be used as a perimeter road with any ground water flow going through the French drain flowing to both ends of the trench. Being a Superfund project turned a simple blasting project into a regulatory nightmare. The US Environmental Protection Agency performed all the chemical related functions on site. The US Army Corps of Engineers was overseeing all related excavation and construction on site, as was the Massachusetts Department of Environmental Quality Engineering, the local Hazardous Wastes Council, and the local Fire Department. All parties had some input with the blasting and all issues had to be addressed. The paper outlines the project, how it was designed and completed. Also included is an outline of the blast plan to be submitted for approval, an outline of the Safety/Hazardous Waste training and a description of all the problems which arose during the project by various regulatory agencies

  2. Mining-related sediment and soil contamination in a large Superfund site: Characterization, habitat implications, and remediation

    Science.gov (United States)

    Juracek, Kyle E.; Drake, K. D.

    2016-01-01

    Historical mining activity (1850–1970) in the now inactive Tri-State Mining District provided an ongoing source of lead and zinc to the environment including the US Environmental Protection Agency Superfund site located in Cherokee County, southeast Kansas, USA. The resultant contamination adversely affected biota and caused human health problems and risks. Remediation in the Superfund site requires an understanding of the magnitude and extent of contamination. To provide some of the required information, a series of sediment and soil investigations were conducted in and near the Superfund site to characterize lead and zinc contamination in the aquatic and floodplain environments along the main-stem Spring River and its major tributaries. In the Superfund site, the most pronounced lead and zinc contamination, with concentrations that far exceed sediment quality guidelines associated with potential adverse biological effects, was measured for streambed sediments and floodplain soils located within or downstream from the most intensive mining-affected areas. Tributary streambeds and floodplains in affected areas are heavily contaminated with some sites having lead and zinc concentrations that are an order of magnitude (or more) greater than the sediment quality guidelines. For the main-stem Spring River, the streambed is contaminated but the floodplain is mostly uncontaminated. Measured lead and zinc concentrations in streambed sediments, lakebed sediments, and floodplain soils documented a persistence of the post-mining contamination on a decadal timescale. These results provide a basis for the prioritization, development, and implementation of plans to remediate contamination in the affected aquatic and floodplain environments within the Superfund site.

  3. Mining-Related Sediment and Soil Contamination in a Large Superfund Site: Characterization, Habitat Implications, and Remediation.

    Science.gov (United States)

    Juracek, K E; Drake, K D

    2016-10-01

    Historical mining activity (1850-1970) in the now inactive Tri-State Mining District provided an ongoing source of lead and zinc to the environment including the US Environmental Protection Agency Superfund site located in Cherokee County, southeast Kansas, USA. The resultant contamination adversely affected biota and caused human health problems and risks. Remediation in the Superfund site requires an understanding of the magnitude and extent of contamination. To provide some of the required information, a series of sediment and soil investigations were conducted in and near the Superfund site to characterize lead and zinc contamination in the aquatic and floodplain environments along the main-stem Spring River and its major tributaries. In the Superfund site, the most pronounced lead and zinc contamination, with concentrations that far exceed sediment quality guidelines associated with potential adverse biological effects, was measured for streambed sediments and floodplain soils located within or downstream from the most intensive mining-affected areas. Tributary streambeds and floodplains in affected areas are heavily contaminated with some sites having lead and zinc concentrations that are an order of magnitude (or more) greater than the sediment quality guidelines. For the main-stem Spring River, the streambed is contaminated but the floodplain is mostly uncontaminated. Measured lead and zinc concentrations in streambed sediments, lakebed sediments, and floodplain soils documented a persistence of the post-mining contamination on a decadal timescale. These results provide a basis for the prioritization, development, and implementation of plans to remediate contamination in the affected aquatic and floodplain environments within the Superfund site.

  4. Claims expenses and limits of liability in third party liability insurances

    International Nuclear Information System (INIS)

    Rehmann, J.

    1992-01-01

    After the Chernobyl accident, more than 300,000 individual claims totalling DM 440 million were settled in Germany, even though the level of radiation was relatively low. This has alerted insurers to the potential level of expenses connected with the handling and settlement of claims following a major nuclear accident which, it is estimated, could amount to DM 50 million per 100,000 claims. The Paris Convention (PC) states the principle of congruence between liability and coverage for nuclear installations. The minimum amounts of liability and coverage must be exclusively reserved for the compensation of accident victims. This paper will show that in PC countries, the majority of claims expenses - both internal and external -are borne by the insurers in addition to the sums insured for the compensation of third parties, with limited extensions of coverage in some cases. The situation is different in non-PC countries, and particularly in the United States of America, where expenses are included in the total sum insured together with compensation payments to third parties. This situation would not pose a problem if the minimum amounts of liability and coverage as stated in the PC were still applicable. In practice, most countries have since increased these amounts substantially, thus reducing the insurers' ability to make the maximum possible capacity available for indemnities to victims. Thus, before further increasing the statutory limits of liability, governments should, when conducting the Nuclear Energy Agency revision of the PC, consider allowing insurers to include claims handling expenses in their total sums insured; with a finite amount of risk, insurers would then be able to commit their full capacity instead of withholding a safety buffer for an open-ended commitment. (author)

  5. The Principal and Tort Liability.

    Science.gov (United States)

    Stern, Ralph D.

    The emphasis of this chapter is on the tort liability of principals, especially their commission of unintentional torts or torts resulting from negligent conduct. A tort is defined as a wrongful act, not including a breach of contract or trust, which results in injury to another's person, property, or reputation and for which the injured party is…

  6. Problematic of mining environmental liabilities in Colombia

    International Nuclear Information System (INIS)

    Arango Aramburo, Marcela; Olaya, Yris

    2012-01-01

    Mining environmental liabilities (PAM from its acronym in Spanish) are areas where there is a need for restoration, mitigation or compensation for environmental damage or unmanaged impact, produced by inactive or abandoned mining that threatens health, quality of life or public or private property. In Colombia the environmental liabilities from mining have not been regulated, but given the age and the prevalence of informality in mining, there is increasing interest in defining, regulating and managing these obligations. In this paper we approach the problem of valuing mining environmental liabilities by examining different management approaches for such liabilities around the world. We also identify key information requirements to manage mining environmental liabilities in Colombia.

  7. [Liability in Anaesthesiology: theory of disproportionate damage].

    Science.gov (United States)

    Galán Gutiérrez, J C; Galán Cortés, J C

    2013-10-01

    An analysis is made of the controversial application of the theory of disproportionate damage in the anaesthetic act, due to the high inherent risk, and regardless of the seriousness and importance of the surgery being performed. The existence of a disproportionate damage, that is, damage not foreseen nor accountable within the framework of the professional performance of the anaesthetist, does not by itself determine the existence of liability on the part of the anaesthetist, but the demand from the professionals themselves for a coherent explanation of the serious disagreement between the initial risk implied by their actions and the final consequence produced. Copyright © 2012 Sociedad Española de Anestesiología, Reanimación y Terapéutica del Dolor. Published by Elsevier España. All rights reserved.

  8. Time Consistent Strategies for Mean-Variance Asset-Liability Management Problems

    Directory of Open Access Journals (Sweden)

    Hui-qiang Ma

    2013-01-01

    Full Text Available This paper studies the optimal time consistent investment strategies in multiperiod asset-liability management problems under mean-variance criterion. By applying time consistent model of Chen et al. (2013 and employing dynamic programming technique, we derive two-time consistent policies for asset-liability management problems in a market with and without a riskless asset, respectively. We show that the presence of liability does affect the optimal strategy. More specifically, liability leads a parallel shift of optimal time-consistent investment policy. Moreover, for an arbitrarily risk averse investor (under the variance criterion with liability, the time-diversification effects could be ignored in a market with a riskless asset; however, it should be considered in a market without any riskless asset.

  9. Plight of China nuclear liability law and solutions of nuclear operating companies

    International Nuclear Information System (INIS)

    Su Guangchao; Wang Yonggang; Tang Yangyang

    2010-01-01

    With the development of nuclear use for peaceful purposes and the intensification of international cooperation in the field of nuclear energy, many countries attach more and more importance to legal risks of nuclear liability, and the companies in nuclear industry also enhance research on restrictive articles of nuclear liability in their international businesses. However, because China has neither signed any international convention on civil liability for nuclear damage nor adopted any law on atomic energy and on compensation for nuclear damage, many impediments often occur in international cooperation and trade. This essay is trying to outline the status and structure of international nuclear liability, analyze nuclear liabilities in international procurement for nuclear operating companies and respective solutions. (authors)

  10. Centredale Manor Superfund Site in Rhode Island included on EPA List of Targeted for Immediate Attention

    Science.gov (United States)

    Today, the U.S. Environmental Protection Agency released the list of Superfund sites that Administrator Pruitt has targeted for immediate and intense attention. The Centredale Manor Restoration Project superfund site is one of the 21 sites on the list.

  11. Cleanups In My Community (CIMC) - Superfund National Priority List (NPL) Sites, National Layer

    Data.gov (United States)

    U.S. Environmental Protection Agency — This data layer provides access to Superfund National Priority List Sites as part of the CIMC web service. Superfund is a program administered by the EPA to locate,...

  12. THE LIABILITY FORMS OF THE MEDICAL PERSONNEL.

    Science.gov (United States)

    Bărcan, Cristian

    2015-01-01

    Current legislation, namely Law no. 95/2006 on healthcare reform in the medical malpractice domain stipulates that medical staff can be held accountable in the following forms: disciplinary liability, administrative liability, civil liability and criminal liability. Each form of legal liability presents its features, aspects that are found mainly in the procedural rules. However, the differences between the various legal forms of liability are not met only in the procedural rules but also in their effects and consequences. It is necessary to know what the procedure for disciplinary responsibility, administrative liability, civil liability, or criminal liability is. In addition to the differentiation determined by the consequences that may arise from the different forms of legal liability, it is important to know the competent authorities to investigate a case further and the solutions which various public institutions can take regarding the medical staff. Depending on the type of legal liability, authorities have a specialized authority. If the Disciplinary Committee is encountered at the College of Physicians, it may not intervene in cases before the monitoring and competence for malpractice cases Committee. The latter two committees cannot intervene directly in the legal assessment of civil or criminal cases, as no criminal investigation authorities cannot intervene in strictly civilian cases. Therefore, the importance of knowing the competent institutions is imperative.

  13. Compliance Parameters through Risk Analysis Methodology for Strict Liability Mitigation According to the Law Anti- Corruption (12.846 / 2013 Regarding Public Business

    Directory of Open Access Journals (Sweden)

    Beatriz Miranda Batisti

    2016-11-01

    Full Text Available The Law 12,846 / 2013 has the scope to fight it and enable companies to become active agents in this intent. The repressive aspect of the legislation can be mitigated if the company adopts strategies of prevention through compliance programs. The preventive effectiveness of this law will depend on the analysis of legal aspects and business management topics. The risk analysis methodology and the adoption of objective parameters for the management of anti-corruption risks, allows companies to build an integrity program that puts in focus the ethical actions necessary for companies willing to negotiate with the government.

  14. 78 FR 23563 - LWD, Inc. Superfund Site; Calvert City, Marshall County, Kentucky; Notice of Settlement

    Science.gov (United States)

    2013-04-19

    ... ENVIRONMENTAL PROTECTION AGENCY [FRL-9805-2; CERCLA-04-2013-3751] LWD, Inc. Superfund Site... costs concerning the LWD, Inc., Superfund Site located in Calvert City, Marshall County, Kentucky. The... V. Painter. Submit your comments by Site name LWD, Inc., Superfund Site by one of the following...

  15. Superfund TIO videos: Set B. Financial management and SCAP. Part 8. Audio-Visual

    International Nuclear Information System (INIS)

    1990-01-01

    The videotape covers various aspects of financial management for the Superfund Program. The importance of effective financial management and execution is discussed. The objectives and definitions of the Superfund Comprehensive Accomplishment Plan (SCAP) and the roles and responsibilities of Superfund personnel in the SCAP process are covered

  16. 78 FR 14543 - Ward Transformer Superfund Site; Raleigh, Wake County, NC; Notice of Settlement

    Science.gov (United States)

    2013-03-06

    ... ENVIRONMENTAL PROTECTION AGENCY [FRL 9788-2; CERCLA-04-2013-3754] Ward Transformer Superfund Site... Ward Transformer Superfund Site located in Raleigh, Wake County, North Carolina. Under the terms of the.... Submit your comments by Site name Ward Transformer Superfund Site by one of the following methods: [[Page...

  17. A Story of Law and Incentives: A Comparative Legal Understanding of Corporate Risk and Incentives in Relation to Human Rights Liability

    OpenAIRE

    Kaeb, Caroline

    2012-01-01

    This work examines the concept of Corporate Social Responsibility (CSR), particularly corporate human rights responsibility, by telling a “story of law and incentives” in way that fosters a comparative legal understanding of corporate risks and motivational drivers. The 2008 financial crisis has shown that trustworthiness on the part of corporations is indispensable for the sustainable well-being of society and corporate success alike. This reality mandates assessing the current legal and eco...

  18. Aspects of nuclear penal liability

    International Nuclear Information System (INIS)

    Faria, N.M. de; Cruz, A.S.C. da

    1986-01-01

    Topics are treated with reference to articles of the Law 6.453 of october 17, 1977, relating to the nuclear penal liability. At the same time, the Penal Code disposes on illicits which may involve nuclear activity. With regard to the Jurisdiction, mention is made to the Federal Justice competence, due to the constitutional disposal. On the international field, the Convention on Physic Protection on Nuclear Material Transport disposes on illicit fact in which nuclear material may be involved. (Author) [pt

  19. Liability concerns and shared use of school recreational facilities in underserved communities.

    Science.gov (United States)

    Spengler, John O; Connaughton, Daniel P; Maddock, Jason E

    2011-10-01

    In underserved communities, schools can provide the physical structure and facilities for informal and formal recreation as well as after-school, weekend, and summer programming. The importance of community access to schools is acknowledged by authoritative groups; however, fear of liability is believed to be a key barrier to community access. The purpose of this study was to investigate perceptions of liability risk and associated issues among school administrators in underserved communities. A national survey of school administrators in underserved communities (n=360, response rate of 21%) was conducted in 2009 and analyzed in 2010. Liability perceptions in the context of community access were assessed through descriptive statistics. The majority of respondents (82.2%) indicated concern for liability should someone be injured on school property after hours while participating in a recreational activity. Among those that did not allow community access, 91% were somewhat to very concerned about liability and 86% believed that stronger legislation was needed to better protect schools from liability for after-hours recreational use. Among those who claimed familiarity with a state law that offered them limited liability protection, nearly three fourths were nevertheless concerned about liability. Liability concerns are prevalent among this group of school administrators, particularly if they had been involved in prior litigation, and even if they indicated they were aware of laws that provide liability protection where use occurs after hours. Reducing these concerns will be important if schools are to become locations for recreational programs that promote physical activity outside of regular school hours. Copyright © 2011 American Journal of Preventive Medicine. Published by Elsevier Inc. All rights reserved.

  20. Superfund at work: Hazardous waste cleanup efforts nationwide, fall 1992. (CIBA-GEIGY Corporation, McIntosh, Alabama)

    International Nuclear Information System (INIS)

    1992-01-01

    On March 31, 1992, the U.S. Environmental Protection Agency (EPA) reached an agreement with Ciba-Geigy Corporation in McIntosh, Alabama to clean up soil and ground water contaminated by DDT, herbicides, and chemicals. The agreement is one of the largest private party settlements in Superfund history, valued at approximately $120 million. EPA activities at the site included: conducting preliminary contamination investigations jointly with the Alabama Environmental Health Administration, beginning in 1979; designing a multi-phased cleanup that is responsive to the complex nature of the contamination and reduces potential risk to the local population and environment; and awarding a grant to a community group to help them participate in cleanup decisions. Ciba-Geigy, like EPA, has made consistent efforts to build and maintain good relations with the community. These efforts demonstrate the increasing trend toward cooperation between industries, local communities, and EPA at Superfund sites

  1. Spent nuclear fuel disposal liability insurance

    International Nuclear Information System (INIS)

    Martin, D.W.

    1984-01-01

    This thesis examines the social efficiency of nuclear power when the risks of accidental releases of spent fuel radionuclides from a spent fuel disposal facility are considered. The analysis consists of two major parts. First, a theoretical economic model of the use of nuclear power including the risks associated with releases of radionuclides from a disposal facility is developed. Second, the costs of nuclear power, including the risks associated with a radionuclide release, are empirically compared to the costs of fossil fuel-fired generation of electricity. Under the provisions of the Nuclear Waste Policy Act of 1982, the federally owned and operated spent nuclear fuel disposal facility is not required to maintain a reserve fund to cover damages from an accidental radionuclide release. Thus, the risks of a harmful radionuclide release are not included in the spent nuclear fuel disposal fee charged to the electric utilities. Since the electric utilities do not pay the full, social costs of spent fuel disposal, they use nuclear fuel in excess of the social optimum. An insurance mechanism is proposed to internalize the risks associated with spent fueled disposal. Under this proposal, the Federal government is required to insure the disposal facility against any liabilities arising from accidental releases of spent fuel radionuclides

  2. ASSETS AND LIABILITIES DEPENDENCE: EVIDENCE FROM AN EUROPEAN SAMPLE OF BANKS

    Directory of Open Access Journals (Sweden)

    Cociuba Mihail Ioan

    2014-12-01

    Full Text Available In this paper we analyzed the correlation between asset and liabilities using the canonical correlation method, in the case of correlation we analyze the interdependence between two variables, by using canonical correlation analyses we study the interdependence between two groups of variables, X consisting of p variables and Y with q variables from which the best linear combination can be constructed to maximize the correlation between X and Y. While on the financial markets the relation between variables may be linear or non-linear and although canonical correlation analyses only the linear combination of variables it is a more efficient tool than then simple correlation.The asset group which we analyze is composed of different types of loans, derivatives and other earning assets, while in the group of liabilities we have deposits (short and long term, interest bearing liabilities and trading liabilities. We find that the assets and liabilities in the banking sector are directly linked. In the context of the global financial crisis (2007-2008 and the afterwards financial recession this direct correlation between assets and liabilities created a vicious cycle in which the losses from assets had a direct impact on the liabilities which also influenced the levels of assets.The behavior of different variables is important, especially in the financial markets, mainly due to the structure of financial markets. The banking sector and the systemic risk associated with it can affect the financial system and even the whole economy so the study of the correlation of assets and liabilities may give us insights on the causes of the financial crises. We use a panel of fifty-nine European banks for the 2004-2011 period and we analyses the correlation between assets and liabilities. We find that there exists a direct and strong connection between different classes of assets held by banks and the structure of liabilities. The impact of the economic crisis on

  3. Double liability in a branch banking system: Historical evidence from Canada

    OpenAIRE

    Grodecka, Anna; Kotidis, Antonis

    2016-01-01

    We investigate the effects of the abolition of double liability requirement imposed on bank shareholders in Canada on bank risk-taking and lending behavior. Under the double liability rule, the shareholders of a bank were liable up to twice the amount of their subscribed shares in the case of bankruptcy. With the establishment of the Bank of Canada in 1934, the double liability requirement became less stringent and depended on the pace of the redemption of notes in circulation issued by the i...

  4. Concerning improvement and reform towards a more effective and realisable nuclear liability legal system in Japan

    International Nuclear Information System (INIS)

    Iizuka, H.

    2006-01-01

    Japan is the only country in the world that has ever experienced being attacked by atomic bombs. Japanese people have a special feeling towards nuclear power. Japan has opted for an unlimited liability system, which is regarded as a hospitable one to victims in Japan. Under the existing unlimited liability system in Japan, however, there is a problem that nuclear operators cannot necessarily foresee the probable limit of their risks to owe. In this paper, I want to present problems of the nuclear liability legal system, and proposals for improvement and reform towards more effective and realisable system in Japan. (author)

  5. Liability of German suppliers and service providers for foreign projects

    International Nuclear Information System (INIS)

    Raetzke, Christian

    2017-01-01

    Main topic is the question of the extent to which German plant constructors, suppliers, engineering consultants, experts or operators expose themselves to liability for the delivery of their products and services abroad. In principle, in almost all nuclear power countries, liability is channelled to the operator; suppliers and service providers are exempted from liability. However, there are conceivable cases in which this principle does not apply. This can occur, for example, if a major accident is assumed to have an impact on neighbouring countries of the country of destination; here, depending on the applicable law, the German supplier or service provider could be ordered to pay for damages. The risk of liability remaining in this way can be reduced if necessary by means of an exemption clause in the supply contract. The regulation of the operator's recourse to the contractor, insofar as the latter is responsible for the accident, and the - controversial -question of to what extent damage to the plant itself gives rise to claims for damages by the operator against the contractor are also discussed.

  6. Comment: Legal Liability as Climate Change Policy

    OpenAIRE

    Hilary Sigman

    2007-01-01

    Several U.S. states have attempted to use of legal liability imposed on greenhouse gas emitters as a public policy instrument for climate change. This brief comment considers the desirability of this approach, focusing on three possible roles for climate change liability: as a source of compensation, as a direct influence on greenhouse gas concentrations, and as a means to facilitate the adoption of ex ante public policies to control greenhouse gases. The strongest argument for liability may ...

  7. Intangible liabilities: beyond models of intellectual assets

    OpenAIRE

    García Parra, Mercedes; Simó Guzmán, Pep; Sallán Leyes, José María; Mundet Hiern, Joan

    2009-01-01

    Purpose – Most models of intellectual capital measurment equal intellectual capital with intellectual assets. Nevertheless, companies sometimes must incur liabilities to make intellectual assets truly actionable. This fact suggests the existence of intangible liabilities. The aim of this paper is to refine the methods of assessment of intellectual capital by refining and extending the concept of intangible liabilities. Design/methodology/approach – The paper consists of a literature revi...

  8. THE BUILDER?S LIABILITY BEYOND THE DEFECTS LIABILITY

    Directory of Open Access Journals (Sweden)

    Johnson I IKPO

    2005-01-01

    Full Text Available This paper reviews the obligations of a builder after the expiration of the contracted defects liability period using relevant decided cases. The common areas identified as forming the bedrock of litigation pertain to structural and dimensional stability, freedom from damp, durability, adequate drainage, good waste disposal works, and effective service installations. Particular reference is made to walls, roofs, and services, which from the pilot study account for about 46%, 23%, and 17% respectively of the total defects attributable to the builder. It is concluded that the builder is responsible for defects arising from his product till the effluxion of reasonable time, except he establishes an element of contributory negligence.

  9. Implementation of Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Health Authority by the Agency for Toxic Substances and Disease Registry

    International Nuclear Information System (INIS)

    Siegel, M.R.

    1990-01-01

    The Superfund Amendments and Reauthorization Act (SARA) of 1986 greatly expanded the health authority of the Comprehensive Environmental Response, Compensation, and Liability Act. One of the federal agencies most affected by SARA is the Agency for Toxic Substances and Disease Registry (ATSDR) of the U.S. Public Health Service. Among other responsibilities, ATSDR was mandated to conduct health assessments within strict time frames for each site on or proposed for the U.S. Environmental Protection Agency's National Priorities List. The author will review ATSDR's efforts to address this new statutory mandate, especially for federal facilities, and will focus on different conceptual frameworks for implementing the health assessment program

  10. Observation Status, Poverty, and High Financial Liability Among Medicare Beneficiaries.

    Science.gov (United States)

    Goldstein, Jennifer N; Zhang, Zugui; Schwartz, J Sanford; Hicks, LeRoi S

    2018-01-01

    Medicare beneficiaries hospitalized under observation status are subject to cost-sharing with no spending limit under Medicare Part B. Because low-income status is associated with increased hospital use, there is concern that such beneficiaries may be at increased risk for high use and out-of-pocket costs related to observation care. Our objective was to determine whether low-income Medicare beneficiaries are at risk for high use and high financial liability for observation care compared with higher-income beneficiaries. We performed a retrospective, observational analysis of Medicare Part B claims and US Census Bureau data from 2013. Medicare beneficiaries with Part A and B coverage for the full calendar year, with 1 or more observation stay(s), were included in the study. Beneficiaries were divided into quartiles representing poverty level. The associations between poverty quartile and high use of observation care and between poverty quartile and high financial liability for observation care were evaluated. After multivariate adjustment, the risk of high use was higher for beneficiaries in the poor (Quartile 3) and poorest (Quartile 4) quartiles compared with those in the wealthiest quartile (Quartile 1) (adjusted odds ratio [AOR], 1.21; 95% confidence interval [CI], 1.13-1.31; AOR, 1.24; 95% CI, 1.16-1.33). The risk of high financial liability was higher in every poverty quartile compared with the wealthiest and peaked in Quartile 3, which represented the poor but not the poorest beneficiaries (AOR, 1.17; 95% CI, 1.10-1.24). Poverty predicts high use of observation care. The poor or near poor may be at highest risk for high liability. Copyright © 2018 Elsevier Inc. All rights reserved.

  11. International Liability Issues for Software Quality

    National Research Council Canada - National Science Library

    Mead, Nancy

    2003-01-01

    This report focuses on international law related to cybercrime, international information security standards, and software liability issues as they relate to information security for critical infrastructure applications...

  12. Report by the Nuclear Liability Commission

    International Nuclear Information System (INIS)

    2003-01-01

    The Nuclear Liability Commission set up by the Ministry of Trade and Industry was to find out whether the basic principles of Finland's current nuclear liability system are appropriate and well functioning and what changes should be made to the present system, taking into account Finland's position in the European convention system (Paris and Brussels Conventions). No proposal in the form of a bill was expected of the Commission. The Finnish nuclear liability system would be further developed as part of the international convention system so that the negotiated amendments to the conventions would be enforced in Finland as soon as possible after the final adoption of the convention texts. The Nuclear Liability Act would be amended so that the principle of unlimited liability of the nuclear installation operator would be adopted instead of the principle of limited liability. The unlimited liability should be covered by an insurance limited in amount so that the installation operator must take out an insurance of at least euro 700 million to cover the injured parties. The liability of the host State would be extended to cover damages exceeding the amount subject to the liability to take out an insurance referred to above by euro 500 million. The international compensation community would cover damages exceeding euro 1.2 billion by no more than euro 300 million. In this case a total of euro 1.5 billion should be compensated from the liability insurance of the installation operator and on the basis of the liability obligation of the host State and compensation community. Later, within the limits of the insurance capacity available, the liability to take out an insurance could be increased to euro 1.2 billion by gradually raising the limit so as to finally also cover fully the share of euro 500 million of the host State referred to above. As for appeal times, the Nuclear Liability Act would be amended so that the appeal time of personal damages would be prolonged. The

  13. Limiting the liability of the nuclear operator

    International Nuclear Information System (INIS)

    Reyners, P.

    1986-01-01

    This article discusses the questioning of a fundamental principle of the special nuclear third party liability regime by certain NEA countries: the limitation of the nuclear operator's liability. This regime, set up since the late fifties at European then at worldwide level, had until now been widely adopted in the national legislation of most of the countries with a nuclear power programme. The author analyses the different arguments in favour of restoring unlimited liability for the nuclear operator and attempts to define its implications for the future of the nuclear third party liability regime in NEA countries. (NEA) [fr

  14. Nuclear third party liability under Polish law

    International Nuclear Information System (INIS)

    Lewaszkiewic-Petrykowska, B.

    1988-01-01

    This paper describes the system governing liability for nuclear incidents in Poland. The Atomic Energy Act of 10 April 1986, which entered into force on 1 July 1986, covers all aspects of nuclear activities, including third party liability. Such liability is channelled onto the nuclear operator who must take out insurance to cover his liability up to an amount fixed in the contract. The Act provides that questions not settled by its provisions are governed by the Civil Code; therefore, if personal injuries exceed that amount victims may claim the difference from the State under that Code (NEA) [fr

  15. Limitation of third party nuclear liability. Causes, implications and future possibilities

    International Nuclear Information System (INIS)

    Radetzki, M.

    1999-01-01

    Third party liability of the nuclear power generation industry is discussed. It has several purposes. One is to clarify the distinctive features of nuclear liability as compared with traditional liability in tort. Particular interest is devoted to one such feature, namely the express liability limitation from which the nuclear power generation industry benefits. The causes and implications of this feature are discussed. One important implication of the current order is that the top risk of the nuclear power generation industry is explicitly or implicitly transferred to governments. This risk transfer can be regarded as a subsidy to the nuclear power generation industry. Subsidizations counteract efficiency. Therefore, the possibilities of neutralizing or abolishing the subsidy are explored. (author)

  16. Organizational liability for adverse reactions to the contrast media

    International Nuclear Information System (INIS)

    Lim, Chang Seon

    2007-01-01

    Contrast medium is a very useful tool for X-ray examinations. But contrast medium has some unavoidable adverse reactions. For those patients who have never received contrast medium before, it is impossible to predict whether they will suffer from certain kinds of adverse reactions. Thus, radiologists should use strategies to minimize adverse events and be prepared to promptly recognize and manage any reactions to the contrast media. If a radiologist commits medical malpractice, he will face civil responsibility. Medical malpractice means a tort or breach of contrast that occurs in a medical setting. Medical malpractices happen, despite the efforts of hospital staff. Many courts have applied the traditional doctrine of respondeat superior in actions against organizations for injuries caused by their employees. It is a legal doctrine, which states that an employer is responsible for employee actions performed within the course of the employment. A hospital is an organization for health purposes. An organization may be convicted of an offense committed by an employee of the organization acting in its behalf and within the scope of this office or employment. Organizational liability involves a wide variety of legal issues, including tort liability, wrongful employment practices, personal injury, breach of fiduciary duty, and so on. Many executive directors of organizations are aware of their personal and organizational risks of exposure to legal liabilities. The employer must have the right to control the physical conduct of the employee and must consent to receive the employee's services, while expecting some benefits from the services offered. Therefore, legal liability can be imposed for improper selection, assignment, training, and supervision of employees. In conclusion, the hospital itself has organizational liability for adverse reactions to the contrast medium

  17. Remediation System Evaluation, Douglas Road Landfill Superfund Site

    Science.gov (United States)

    The Douglas Road Landfill Superfund Site is located in St. Joseph County just north of Mishawaka,Indiana. The site consists of a 16-acre capped landfill located on an approximately 32-acre lot (includingthe land purchased in 1999 for a wetlands...

  18. DECISION ANALYSIS OF INCINERATION COSTS IN SUPERFUND SITE REMEDIATION

    Science.gov (United States)

    This study examines the decision-making process of the remedial design (RD) phase of on-site incineration projects conducted at Superfund sites. Decisions made during RD affect the cost and schedule of remedial action (RA). Decision analysis techniques are used to determine the...

  19. The nuclear liability conventions revised

    International Nuclear Information System (INIS)

    Reyners, P.

    2004-01-01

    The signature on 12 February 2004 of the Protocols amending respectively the 1960 Paris Convention and the 1963 Brussels Supplementary Convention was the second step of the process of modernisation of the international nuclear liability regime after the adoption in September 1997 of a Protocol revising the 1963 Vienna Convention and of a new Convention on Supplementary Compensation for Nuclear Damage. The common objective of the new instruments is to provide more funds to compensate a larger number of potential victims in respect of a broader range of damage. Another goal of the revision exercise was to maintain the compatibility between the Paris and Vienna based systems, a commitment enshrined in the 1988 Joint Protocol, as well as to ascertain that Paris/Brussels countries could also become a Party to the Convention on Supplementary Compensation. However, while generally consistent vis a vis the Joint Protocol, the provisions of the Paris and Vienna Conventions, as revised, differ on some significant aspects. Another remaining issue is whether the improved international nuclear liability regime will succeed in attracting in the future a larger number of countries, particularly outside Europe, and will so become truly universal. Therefore, the need for international co-operation to address these issues, to facilitate the adoption of new implementing legislation and to ensure that this special regime keeps abreast of economic and technological developments, is in no way diminished after the revision of the Conventions.(author)

  20. Nuclear civil liability international system. Evolution prospects

    International Nuclear Information System (INIS)

    Reyners, P.

    1996-01-01

    This paper sets out the necessity of a special system of international conventions in the scope of nuclear civil liability. Then the main principles of the conventions in Paris and Vienna are described. Recently, works have been carried out in order to improve and modernize the civil liability system. (TEC). 4 tabs

  1. Liability for nuclear damage and compensation therefor

    International Nuclear Information System (INIS)

    Prochazkova, D.

    1996-01-01

    The basic principles are outlined of the Paris Convention on Third Party Liability in the Field of Nuclear Energy, the Brussels Convention Supplementary to the Paris Convention, the Vienna Convention on Civil Liability for Nuclear Damage, and the Joint Protocol Relating to the Application of the Paris Convention and the Vienna Convention. (P.A.)

  2. Effectiveness of Existing International Nuclear Liability Regime

    International Nuclear Information System (INIS)

    Al-Doais, Salwa; Kessel, Daivd

    2015-01-01

    The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

  3. Effectiveness of Existing International Nuclear Liability Regime

    Energy Technology Data Exchange (ETDEWEB)

    Al-Doais, Salwa; Kessel, Daivd [KEPCO International Nuclear Graduate School, Daejeon (Korea, Republic of)

    2015-10-15

    The first convention was the Paris Convention on Third Party Liability in the Field of Nuclear Energy (the Paris Convention) had been adopted on 29 July 1960 under the auspices of the OECD, and entered into force on 1 April 1968. In 1963,the Brussels Convention - supplementary to the Paris Convention- was adopted in to provide additional funds to compensate damage as a result of a nuclear incident where Paris Convention funds proved to be insufficient. The IAEA's first convention was the Vienna Convention on Civil Liability for Nuclear Damage (the Vienna Convention) which adopted on 21 May 1963,and entered into force in 1977. Both the Paris Convention and the Vienna Convention laid down very similar nuclear liability rules based on the same general principles. The broad principles in these conventions can be summarized as follows: 1- The no-fault liability principle (strict liability) 2- Liability is channeled exclusively to the operator of the nuclear installation (legal channeling) 3- Only courts of the state in which the nuclear accident occurs would have jurisdiction (exclusive jurisdiction) 4- Limitation of the amount of liability and the time frame for claiming damages (limited liability) 5- The operator is required to have adequate insurance or financial guarantees to the extent of its liability amount (liability must be financially secured). 6- Liability is limited in time. Compensation rights are extinguished after specific time. 7- Non-discrimination of victims on the grounds of nationality, domicile or residence. Nuclear liability conventions objective is to provide adequate compensation payments to victims of a nuclear accident. Procedures for receiving these compensation are controlled by some rules such as exclusive jurisdiction, that rule need a further amendment to ensure the effectiveness of the exiting nuclear liability regime . Membership of the Conventions is a critical issue, because the existence of the conventions without being party to

  4. Liability versus innovation: the legal case for regenerative medicine.

    Science.gov (United States)

    Keren-Paz, Tsachi; El Haj, Alicia J

    2014-10-01

    Medical innovation occupies a position somewhere between standard practice and clinical research, but innovation is primarily intended to benefit an individual patient where standard treatment fails. Medical innovations in the area of regenerative medicine have the potential to completely transform medical practice, but rely upon some major revision to the nature of treatments beyond drug-based therapies. There is considerable investment in scientific and clinical research, but further attention could be paid to legal barriers to medical innovation imposed by the threat of medical malpractice. We survey in this article the legal framework for making determinations of medical malpractice in general, and highlight the issues specific to innovative treatments. In essence, liability could be imposed for failing to adequately inform the patient about the innovative nature of the suggested therapy or based on the fact that the risks outweighed the benefits. As for the latter, we examine whether liability is likely to be based merely on deviating from existing practice or on an examination on the merits of the treatments' risks and benefits. The facts that some risks are unforeseeable and some benefits are external to the patient complicate negligence determinations. The first fact relates to the problem of judging adverse events in hindsight; the second, to the obligation to make decisions based on the patient's best interest and avoid conflict of interests. In addition, we evaluate the relationship between the obligations to secure the patient's informed consent and to avoid clinical negligence. We identify the need for further research to examine the significance of the putative anti-innovation bias that current liability regimen has, and to examine whether a move to strict liability might avoid such bias, while being fair to patients who contribute for the advancement of medical knowledge by participating in innovative therapies.

  5. EPA RREL's mobile volume reduction unit advances soil washing at four Superfund sites

    International Nuclear Information System (INIS)

    Gaire, R.; Borst, M.

    1994-01-01

    Research testing of the US. Environmental Protection Agency (EPA) Risk Reduction Engineering Laboratory's (RREL) Volume Reduction Unit (VRU), produced data helping advance soil washing as a remedial technology for contaminated soils. Based on research at four Superfund sites, each with a different matrix of organic contaminants, EPA evaluated the soil technology and provided information to forecast realistic, full-scale remediation costs. Primarily a research tool, the VRU is RREL's mobile test unit for investigating the breadth of this technology. During a Superfund Innovative Technology Evaluation (SITE) Demonstration at Escambia Wood Treating Company Site, Pensacola, FL, the VRU treated soil contaminated with pentachlorophenol (PCP) and polynuclear aromatic hydrocarbon-laden creosote (PAH). At Montana Pole and Treatment Plant Site, Butte, MT, the VRU treated soil containing PCP mixed with diesel oil (measured as total petroleum hydrocarbons) and a trace of dioxin. At Dover Air Force Base Site, Dover, DE, the VRU treated soil containing JP-4 jet fuel, measured as TPHC. At Sand Creek Site, Commerce City, CO, the feed soil at this site was contaminated with two pesticides: heptachlor and dieldrin. Less than 10 percent of these pesticides remained in the treated coarse soil fractions

  6. Toward identifying the next generation of superfund and hazardous waste site contaminants.

    Science.gov (United States)

    Ela, Wendell P; Sedlak, David L; Barlaz, Morton A; Henry, Heather F; Muir, Derek C G; Swackhamer, Deborah L; Weber, Eric J; Arnold, Robert G; Ferguson, P Lee; Field, Jennifer A; Furlong, Edward T; Giesy, John P; Halden, Rolf U; Henry, Tala; Hites, Ronald A; Hornbuckle, Keri C; Howard, Philip H; Luthy, Richard G; Meyer, Anita K; Sáez, A Eduardo; Vom Saal, Frederick S; Vulpe, Chris D; Wiesner, Mark R

    2011-01-01

    This commentary evolved from a workshop sponsored by the National Institute of Environmental Health Sciences titled "Superfund Contaminants: The Next Generation" held in Tucson, Arizona, in August 2009. All the authors were workshop participants. Our aim was to initiate a dynamic, adaptable process for identifying contaminants of emerging concern (CECs) that are likely to be found in future hazardous waste sites, and to identify the gaps in primary research that cause uncertainty in determining future hazardous waste site contaminants. Superfund-relevant CECs can be characterized by specific attributes: They are persistent, bioaccumulative, toxic, occur in large quantities, and have localized accumulation with a likelihood of exposure. Although still under development and incompletely applied, methods to quantify these attributes can assist in winnowing down the list of candidates from the universe of potential CECs. Unfortunately, significant research gaps exist in detection and quantification, environmental fate and transport, health and risk assessment, and site exploration and remediation for CECs. Addressing these gaps is prerequisite to a preventive approach to generating and managing hazardous waste sites. A need exists for a carefully considered and orchestrated expansion of programmatic and research efforts to identify, evaluate, and manage CECs of hazardous waste site relevance, including developing an evolving list of priority CECs, intensifying the identification and monitoring of likely sites of present or future accumulation of CECs, and implementing efforts that focus on a holistic approach to prevention.

  7. CIVIL LIABILITY OF DOCTORS AND THEIR INSURANCE (MALPRACTICE

    Directory of Open Access Journals (Sweden)

    Gârbo Viorica Irina

    2013-07-01

    Full Text Available Malpractice insurance of medical staff is probably the oldest professional liability insurance underwritten in the insurance market in Romania. The aim of our research is to theoretically examine in a qualitative inquiry the usefulness of insurance completion by the practitioners from the Romanian health system at both state and private, in order to improve a best practice medical insurance. The medical profession is practiced in Romania under the Code of Medical Ethics 30 March 2012 prepared in code that complies with international standards contained in the Geneva Declaration of 1948, as amended by the World Medical Association and the International Code of Medical Ethics. The forms of medical liability are: disciplinary, administrative, civil and criminal and only the civil liability can be taken into insurance because only it meets the conditions of insurability. Once we explain in general and the insurance liability in particular we show articles of the Romanian Civil Code which establishes the obligation the one that caused an injury to a third person for the repair or indemnify and conditions provided by the Civil Code as an act to be considered liability. Then we refer to situations where the patient may be damaged through the fault of the doctor or the doctor unit operates. The object of malpractice insurance is loss of money that the insured would have to pay a patient whom he caused injury as a result of acts or deeds of negligence committed to, during and in relation to professional activity. Risks taken in the insurance are personal injury, illness or death of the patient and / or moral damages. Regarding the excluded risks we have presented an overview of the more common contracts underwritten by Romanian insurance companies. We show the way of underwriting, the insured sums of the standard insurance and the additional one which subscribes moral damages, to companies in Romania agreed by bodies which organize and supervise the

  8. Identifying and Managing Risk.

    Science.gov (United States)

    Abraham, Janice M.

    1999-01-01

    The role of the college or university chief financial officer in institutional risk management is (1) to identify risk (physical, casualty, fiscal, business, reputational, workplace safety, legal liability, employment practices, general liability), (2) to develop a campus plan to reduce and control risk, (3) to transfer risk, and (4) to track and…

  9. Securitization product design for China's environmental pollution liability insurance.

    Science.gov (United States)

    Pu, Chengyi; Addai, Bismark; Pan, Xiaojun; Bo, Pangtuo

    2017-02-01

    The environmental catastrophic accidents in China over the last three decades have triggered implementation of myriad policies by the government to help abate environmental pollution in the country. Consequently, research into environmental pollution liability insurance and how that can stimulate economic growth and the development of financial market in China is worthwhile. This study attempts to design a financial derivative for China's environmental pollution liability insurance to offer strong financial support for significant compensation towards potential catastrophic environmental loss exposures, especially losses from the chemical industry. Assuming the risk-free interest rate is 4%, the market portfolio expected return is 12%; the financial asset beta coefficient is 0.5, by using the capital asset pricing model (CAPM) and cash flow analysis; the principal risk bond yields 9.4%, single-period and two-period prices are 103.85 and 111.58, respectively; the principal partial-risk bond yields 10.09%, single-period and two-period prices are 103.85 and 111.58, respectively; and the principal risk-free bond yields 8.94%, single-period and two-period prices are 107.99 and 115.83, respectively. This loss exposure transfer framework transfers the catastrophic risks of environmental pollution from the traditional insurance and reinsurance markets to the capital market. This strengthens the underwriting capacity of environmental pollution liability insurance companies, mitigates the compensation risks of insurers and reinsurers, and provides a new channel to transfer the risks of environmental pollution.

  10. Aspects of an amendment of the regime of third party liability and financial security under atomic energy law in the 1990s

    International Nuclear Information System (INIS)

    Pelzer, N.

    1991-01-01

    The existing regime of third party liability and financial security applicable in the FRG basically is an up-to-date and risk-adequate system of compensation for nuclear damage. This is particularly true since unrestricted financial liability has been introduced. The legal provisions offer adequate protection of interests of possible victions of a nuclear accident without inflicting unreasonable hardship on liable persons. The expert opinion discusses the limits, purposes and subjects of a possible amendment of the nuclear liability law, referring to items such as: principles of liability, financial security, commitment of the Federal Government; the concept of definition of damage, time limit to claims. Points of main interest for a future improvement are stated to be the yet unsolved strict liability problem, the organizational scheme of settlement of claims, and an international nuclear liability regime, the so-called system of risk pooling. (orig./HSCH) [de

  11. Apportioning liability for transborder damages

    International Nuclear Information System (INIS)

    Krause-Ablass, W.-D.

    1988-01-01

    The legal situation in the case of cross border damage being caused by reactor accidents or transportation of nuclear material through more than one country is analysed. Two questions have to be asked - which country's courts have jurisdiction over the claims for damage? and which law is applicable? In considering the jurisdiction problem, the Paris and Vienna Conventions are discussed and also other rules of jurisdiction. The way the law is applicable is discussed in the second section. When the action for liability is based on the Paris or Vienna Convention the issue of reciprocity may arise and this is discussed. After a nuclear incident a potential plaintiff may have a choice amongst various jurisdictions and various available laws. Success may depend on the right choice of the forum chosen. This is illustrated by two examples. (U.K.)

  12. Financial security for nuclear liability

    International Nuclear Information System (INIS)

    Francis, H.W.

    1979-01-01

    In almost every country where nuclear insurance pools operate, except for the United States, national nuclear legislation is either based on the principles of the Paris and Vienna nuclear third party liability conventions or is strongly influenced by them. The most important feature of this legislation is the absolute liabilityy of the operator, which simplifies the insurance process by avoiding duplication of cover and minimising the possibility of complex legal questions arising in case of an incident. The paper describes the arrangements for provision of financial security, the prescription period, insurance requirements, legal costs etc. Also, problems connected with the insurance of two or more installations on the same site are analysed. (NEA) [fr

  13. The hidden carbon liability of Indonesian palm oil

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    2008-05-15

    This report highlights the urgent need for global palm oil consumers and investors to support Unilever's call for an immediate moratorium on deforestation and peatland clearance in Indonesia. This report focuses on Unilever, which shares major institutional investors with other leading corporations including Nestle, Procter and Gamble and Kraft. Not only do these corporations share investors, they also share growing carbon liability within their raw material supply chains through the expansion in the palm oil sector in Indonesia. Unilever has recognised the global problems associated with palm oil expansion and the need for drastic reform to this sector. Unilever has taken a bold move in calling for an immediate moratorium on deforestation and peatland clearance. While Unilever's position is strengthened by its status as the largest palm oil consumer in the world, this report shows how, unless companies like Nestle, Procter and Gamble and Kraft support its call for a halt to deforestation, the palm oil industry will continue to present a massive carbon liability over the coming years. This report uses Unilever's palm oil supply chains as a case study to help quantify the carbon liability and collateral risks associated with the Indonesian palm oil sector. It shows how, by buying palm oil from suppliers who account for more than one-third of Indonesia's palm oil production, Unilever and its competitors are increasing their potential carbon liability and thus leaving investors exposed to potentially significant levels of hidden risk, compromising long-term financial and brand stability.

  14. Financing long term liabilities (Germany)

    International Nuclear Information System (INIS)

    2003-01-01

    implementation of the measures will cover a period of 15 to 20 years depending on the site. The necessary expenses are carried by the Federal Government and estimated to amount to about EUR 6.5 billion. In addition the Federal Republic of Germany inherited 6 operating NPPs of soviet design from the former GDR. Comprehensive safety analyses after the German reunification arrived at the conclusion that they did not correspond to Western German safety standards. They had to be shut down in 1990. As the power industry was not prepared to carry the financial risks of backfitting and re-licensing the reactors, the Federal Republic of Germany took over the liabilities. The aim is to finish the decommissioning activities around the year 2012. The total costs for dismantling the plants and storing the resulting waste are estimated to amount to about EUR 3.1 billion

  15. Improvement of nuclear third party liability system

    International Nuclear Information System (INIS)

    Kim, S. W.; Oh, B. J.; Yoo, S. O.; Kang, S. C.; Lee, J. I.

    2001-01-01

    A special regime for nuclear third party liability is necessary since the ordinary common law is not well suited to deal with the particular problems in the field of nuclear industry. The basic principles of this regime is i) strict liability (other than traditional fault liability), ii) channelling and the exclusive liability of operator, iii) compulsory financial security, iv) limits on liability in amount and in time v) intervention by the state, etc. In Korea, a revision was made to the Nuclear Damage Compensation Act on 16th January, 2001. The revision aimed at the reflection of the spirit of the new Vienna Convention on Nuclear Liability (1997) such as i) limit of liability to an amount of 300mil SDR, ii) increase of the level of financial protection (in the presidential decree, the 'Phasing-In' system would be introduced), iii) Extension of the definition 'nuclear damage', iv) extension of the scope of application to EEZ, v) deletion of 'natural calamity' from the causes of immunity, vi) extension of prescription period for personal injury to a length of 30 year

  16. Joint liability lending and the peer selection effect

    NARCIS (Netherlands)

    Gangopadhyay, S; Ghatak, M; Lensink, R

    2005-01-01

    We show that the joint liability lending contracts derived in Ghatak (2000) violate an ex post incentive-compatibility constraint which says that the amount of joint liability cannot exceed the amount of individual liability. We derive and characterise optimal separating joint liability contracts

  17. Including district heating pipelines in absolute liability laws

    Energy Technology Data Exchange (ETDEWEB)

    Gronau, W

    1977-10-01

    On January 1, 1978 the provisions of the Act Amending the Rules of Liability Damages have entered into force. Formally this means that the provisions of the Reich Liability Act (Reichshaftpflichtgesetz, RHG) and those of the Act on Liability with Respect to Property Damage of Railways and Tramways (SHG) are now combined under the new term of Liability Act (Haftpflichtgesetz). In material terms it means that the district heat industry with its supply pipelines is subject to absolute liability. This creates a liability situation for this industry which has been existing for the electricity and gas industries since 1943 as a result of an amendment of the Reich Liability Act.

  18. Applicability of Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to releases of radioactive substances

    International Nuclear Information System (INIS)

    Miller, S.R.

    1987-01-01

    The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), commonly called Superfund, provided a $1.6 billion fund (financed by a tax on petrochemical feedstocks and crude oil and by general revenues) for the cleanup of releases of hazardous substances, including source, special nuclear or byproduct material, and other radioactive substances, from mostly inactive facilities. The US Environmental Protection Agency (EPA) is authorized to require private responsible parties to clean up releases of hazardous substances, or EPA, at its option, may undertake the cleanup with monies from the Fund and recover the monies through civil actions brought against responsible parties. CERCLA imposes criminal penalties for noncompliance with its reporting requirements. This paper will overview the key provisions of CERCLA which apply to the cleanup of radioactive materials

  19. Progress towards a global nuclear liability regime

    International Nuclear Information System (INIS)

    2014-01-01

    During its April 2014 meeting, the Steering Committee for Nuclear Energy held a policy debate on 'Progress towards a Global Nuclear Liability Regime'. The Steering Committee heard presentations from several experts on nuclear liability issues. To prepare the delegates to the Steering Committee for the policy debate, the NEA Secretariat prepared a background note on the status of the nuclear liability regimes, as well as on current issues and challenges in implementing the regimes. This article is based on the background note and is intended to provide basic information on the relevant international conventions and an overview of recent developments to enhance the understanding of the legal framework in which policy-makers and practitioners are engaging to respond to the call for broader adherence to the international liability instruments. (authors)

  20. A Danish Twin Study of Schizophrenia Liability

    DEFF Research Database (Denmark)

    Kläning, Ulla; Trumbetta, Susan L; Gottesman, Irving I

    2016-01-01

    whether variance in schizophrenia liability attributable to environmental factors may have decreased with successive cohorts exposed to improvements in public health. ICD-10 diagnoses were determined by clinical interview. Although the best-fitting, most parsimonious biometric model of schizophrenia...

  1. Comprehensive Environmental Response, Compensation and Liability Act

    Data.gov (United States)

    National Oceanic and Atmospheric Administration, Department of Commerce — This data represents geographic terms used within the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA, commonly known as...

  2. Direct liability of corporations and their personnel under CERCLA

    International Nuclear Information System (INIS)

    Landreth, L.W.

    1991-01-01

    The prevailing liability theory applied to those persons who have caused, through their action or inaction, the release of a hazardous substance is that CERCLA provides a statutory basis for direct personal liability This direct avenue to liability is in conflict with well-settled principles of corporate limited liability. This paper discusses the impact CERCLA has had on the common law concepts of liability for corporations and their members

  3. Insurance of operators liability: the reality principle

    International Nuclear Information System (INIS)

    Allegre, J.

    2000-01-01

    The author's observations commence with -an overview of the principal amendments proposed in relation to the revision of the Paris Convention, in particular the inclusion of preventive measures, the definition of nuclear damage, the notion of reasonableness in respect of preventive measures and measures of reinstatement, increased liability amounts and extended prescription periods. He examines to what extent the insurance industry of today would be able to cover such risks, and the problems or doubts that it may encounter in doing so. This presentation also raises other questions which as yet remain unanswered, in particular the question of priorities and the role that complementary funding, namely the Brussels Supplementary Convention, will play in compensating victims. The author concludes by commenting on the current state of the insurance market. He suggests that before making irreversible political decisions in this field, Contracting Parties should, inter alia, carry out detailed analyses on the adequacy of the financial guarantees, in order to attain existing objectives and eliminate the obstacles which prevent the nuclear insurance market from being a competitive one. The author suggests that it might be in the interests of European nuclear operators to promote an insurance mechanism along the same lines as their American colleagues. (author)

  4. Optimization of the company tax liability

    OpenAIRE

    Jelínková, Blanka

    2010-01-01

    This thesis introduces the tax system of the Czech Republic. The corporate income tax in particular is specified in bigger detail. Its basic structural elements are described with the focus on the transformation of the accountable profit to the tax base. The practical part is divided into chapters, each of which deals with the optimization of the amount of the real tax liability. The content, instruments mentioned and methods for decreasing company tax liability applied suggest this work more...

  5. Liability for nuclear damage. An international perspective

    International Nuclear Information System (INIS)

    Lopuski, J.

    1993-01-01

    The book deals with some of the complex issues of liability and compensation for nuclear damage which have been considered in the course of the work of the IAEA concerning the revision of the Vienna Convention on nuclear liability. It presents, in an orderly way, personal reflections of its author based on this experience gathered in years 1989-1992 when participating in this work. Necessarily it contains in some of its parts references to documents of the IAEA Standing Committee on Nuclear Liability; these documents because of their length could not be reproduced. Consequently these parts may be fully intelligible for those who have not participated in or closely followed in Committee's work. The IAEA work on liability for nuclear damage was initiated in the wake of the impact made on the world's public opinion by the Chernobyl incident and its transboundary effects; issues of international state liability and full compensation have been raised. But humanitarian ideas have quickly been confronted with cold calculations of the cost of financial protection for victims and an open unwillingness of some nuclear states the engage their liability; conflict of interests between nuclear and non-nuclear states has been manifested. After three years of discussion no wide consensus could be reached on some basic issues, such as: relationship between international state and civil liability regimes, structures of international legislation, concept of nuclear damage, limits of compensation, role of public funds or jurisdiction. The author presents his approach to these controversial issues, trying to provide at the same time a theoretical outline for the future international legislation on nuclear liability. (author)

  6. New Trends in European Nuclear Liability Law

    International Nuclear Information System (INIS)

    Getz, H.; Steinkemper, M.H.

    1981-10-01

    This paper analyses recent developments in nuclear liability legislation in Europe. The first part deals with the planned revision of the Paris Convention and the Brussels Supplementary Convention; the second part focuses on the reforms envisaged in the field in Switzerland and in the Federal Republic of Germany, in particular concerning unlimited liability. Finally, the author concludes that national reform plans and work at international level are not opposed, but supplementary activities. (NEA) [fr

  7. Remedial design services for Montclair/West Orange and Glen Ridge Superfund sites

    International Nuclear Information System (INIS)

    Urbaniak, T.F.; Tomiczek, P.W. Jr.

    1994-01-01

    The Montclair/West Orange and Glen Ridge Superfund Sites are located 12 miles west of New York City in Essex County, New Jersey. The sites are contaminated with waste materials from radium-processing facilities which operated in the area during the early 1900's. The waste materials, containing radium and other radioactive isotopes were placed in three separate landfill sites. Major public health risks are indoor radon gas build-up and indoor/ outdoor gamma radiation. In 1989, the EPA issued a Record of Decision (ROD) which chose excavation and off-site disposal of material as the preferred alternative. The purpose of this presentation is to highlight key elements of the design process for the remedial action at Montclair. Those key elements are as follows: meeting community relations challenges; measuring radioactive contamination; developing plans and specifications; packaging of remedial action contacts; and continually improving both the process and the designs

  8. Association Between Substance Use Disorder and Polygenic Liability to Schizophrenia.

    Science.gov (United States)

    Hartz, Sarah M; Horton, Amy C; Oehlert, Mary; Carey, Caitlin E; Agrawal, Arpana; Bogdan, Ryan; Chen, Li-Shiun; Hancock, Dana B; Johnson, Eric O; Pato, Carlos N; Pato, Michele T; Rice, John P; Bierut, Laura J

    2017-11-15

    There are high levels of comorbidity between schizophrenia and substance use disorder, but little is known about the genetic etiology of this comorbidity. We tested the hypothesis that shared genetic liability contributes to the high rates of comorbidity between schizophrenia and substance use disorder. To do this, polygenic risk scores for schizophrenia derived from a large meta-analysis by the Psychiatric Genomics Consortium were computed in three substance use disorder datasets: the Collaborative Genetic Study of Nicotine Dependence (ascertained for tobacco use disorder; n = 918 cases; 988 control subjects), the Collaborative Study on the Genetics of Alcoholism (ascertained for alcohol use disorder; n = 643 cases; 384 control subjects), and the Family Study of Cocaine Dependence (ascertained for cocaine use disorder; n = 210 cases; 317 control subjects). Phenotypes were harmonized across the three datasets and standardized analyses were performed. Genome-wide genotypes were imputed to the 1000 Genomes reference panel. In each individual dataset and in the mega-analysis, strong associations were observed between any substance use disorder diagnosis and the polygenic risk score for schizophrenia (mega-analysis pseudo-R 2 range 0.8-3.7%; minimum p = 4 × 10 -23 ). These results suggest that comorbidity between schizophrenia and substance use disorder is partially attributable to shared polygenic liability. This shared liability is most consistent with a general risk for substance use disorder rather than specific risks for individual substance use disorders and adds to increasing evidence of a blurred boundary between schizophrenia and substance use disorder. Copyright © 2017 Society of Biological Psychiatry. Published by Elsevier Inc. All rights reserved.

  9. Chernobyl: Lessons in nuclear liability

    International Nuclear Information System (INIS)

    Kwaczek, A.S.; Mooney, S.; Kerr, W.A.

    1990-01-01

    Chernobyl dumped significant quantities of radioactive fallout as far as 1,300 miles away, causing severe economic loss in nations stretching from Sweden to Greece. It cost innocent sheep growers in Wales, fishermen in Switzerland, reindeer-dependent Laplanders in Norway, dairymen in Sweden and Austria, and cheese makers in Greece. European nations have calculated costs from deposition of nuclear materials in the hundreds of millions report the authors. The accident at chernobyl and the European experience with the consequences can offer several insights relevant to the US commercial nuclear industry, the authors note: (1) the aggregate effect of such an accident is extremely large and unpredictable; (2) adequate disaster planning can significantly reduce costs and ease the disruption; and (3) the experience raises questions about the adequacy of the nation's nuclear insurance and liability programs. given the number of commissioned nuclear reactors today, the present scheme would provide financial compensation of approximately $7 billion per incident. Depending on the circumstances, the authors say this may not be sufficient

  10. Superfund at work: Hazardous waste cleanup efforts nationwide, fall 1992. (Wide Beach section of Brant, New York)

    International Nuclear Information System (INIS)

    1992-01-01

    Wide-spread contamination of polychlorinated biphenyls (PCBs) threatened the Wide Beach section of Brant, New York, a popular vacation resort. EPA's Superfund program effectively completed a permanent cleanup of Wide Beach in the span of one year. Other highlights included: a new and innovative technology to remove PCB contamination; reduction of PCBs to one-fifth of acceptable levels; temporary relocation of residents who were concerned for their health while cleanup activities took place; newly paved roads and driveways, re-landscaped yards, and a new storm sewer system; and restoration of ecologically sensitive wetlands. EPA's achievements significantly reduced PCB risks at Wide Beach, and left a satisfied community in Brant

  11. Risk analysis and liabilities related to CO{sup 2} capture and sequestration in oil reservoirs; Analise de riscos e responsabilidades relacionadas a captura e sequestro de CO2 em reservatorios petroliferos

    Energy Technology Data Exchange (ETDEWEB)

    Costa, Andre Ribeiro [Shell Brasil Ltda., Rio de Janeiro, RJ (Brazil)

    2008-07-01

    Although until the present moment there are no initiatives known to the public regarding carbon capture and sequestration projects to be performed in Brazil, this technique has gained great projection internationally as an initiative that makes it possible to meet the growing energetic and industrial needs of the world while mitigating the release of harmful emissions to the atmosphere. Considering its relevance and the interest of companies and countries in this activity, this paper intends to briefly analyze, from the Brazilian law perspective, the liabilities that would bind companies if they already performed carbon capture and storage in Brazil today. (author)

  12. Public international law and civil law liability for compensation for damages by virtue of international environmental law

    International Nuclear Information System (INIS)

    Rest, A.

    1982-01-01

    The author analyses the current provisions in international law and international private law for their suitability to establish liability for damages due to transfrontier pollution, also taking into account damage occurred through the operation of nuclear power plants. As a result the author suggests that the national goverments should jointly set up standards and catalogues of environmentally detrimental effects and impacts, and of the seriousness thereof, and to make these form part of international conventions and agreements which also should unambigiously state liability for compensation for damages. For activities involving special hazards, liability for risks should be introduced in such a body of international regulations. (CB) [de

  13. State and supplementary civil liability insurance: the example of swiss nuclear liability law

    International Nuclear Information System (INIS)

    Buehlmann, W.A.

    1993-01-01

    This paper describes State guarantee and nuclear liability insurance which has been established, in Switzerland, after the vote of the law of 18 march 1983: Civil liability of nuclear operator has no limitations for nuclear damages compensations. The coverage is given by private insurance and State guarantee. 1 tab

  14. Common Purpose Liability versus Joint Enterprise: A Practical View on the ICC's Hierarchy of Liability Theories

    NARCIS (Netherlands)

    Cupido, M.

    2016-01-01

    On 7 March 2014, Trial Chamber II of the International Criminal Court (ICC) convicted Germain Katanga for war crimes and crimes against humanity. Katanga's conviction is based on the concept of common purpose liability as regulated in Article 25(3)(d) of the Rome Statute. This liability theory

  15. Innovative human health and ecological risk assessment techniques at Hanford

    International Nuclear Information System (INIS)

    Clarke, S.; Jones, K.; Goller, E.

    1993-01-01

    The open-quotes Hanford Site Baseline Risk Assessment Methodologyclose quotes (HSBRAM) was developed to enhance the preparation of risk assessments supporting the Hanford site cleanup mission. This methodology satisfies a Hanford federal facility agreement and consent order (tri-party agreement) milestone and is used to evaluate the risk to human health and the environment under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA). The methodology was prepared by the Hanford Risk Assessment Committee (RAC) consisting of tri-party representatives: the U.S. Department of Energy, the State of Washington Department of Ecology, and the U.S. Environmental Protection Agency (EPA), with associated contractors. The risk assessment guidance provided by EPA is sufficiently general to permit tailoring of specific parameters to meet the risk assessment needs of individual sites. The RAC utilized EPA's Risk Assessment Guidance for Superfund, (RAGS) as the cornerstone of the HSBRAM. The RAC added necessary Hanford-specific elements to construct a complete risk assessment guidance for utilization as an independent document. The HSBRAM is a living document because the RAC charter emphasizes the importance of continued methodology reevaluation. The HSBRAM also provides guidelines for the application of EPA's open-quotes Framework for Ecological Risk Assessmentclose quotes to Hanford-specific environmental baseline risk assessments by including endangered and threatened species in addition to sensitive habitats potentially associated with the Hanford site and guidance for selection of ecotoxicological data. Separate negotiations for the selection of risk parameters for each operable unit were avoided by defining parameters in the HSBRAM. There are 78 past-practice operable units at Hanford requiring risk assessments

  16. 40 CFR 35.4040 - How many groups can receive a TAG at one Superfund site?

    Science.gov (United States)

    2010-07-01

    ... 40 Protection of Environment 1 2010-07-01 2010-07-01 false How many groups can receive a TAG at one Superfund site? 35.4040 Section 35.4040 Protection of Environment ENVIRONMENTAL PROTECTION AGENCY... Eligible? § 35.4040 How many groups can receive a TAG at one Superfund site? (a) Only one TAG may be...

  17. Cleanups In My Community (CIMC) - Base Realignment and Closure (BRAC) Superfund Sites, National Layer

    Science.gov (United States)

    This data layer provides access to Base Realignment and Closure (BRAC) Superfund Sites as part of the CIMC web service. EPA works with DoD to facilitate the reuse and redevelopment of BRAC federal properties. When the BRAC program began in the early 1990s, EPA worked with DoD and the states to identify uncontaminated areas and these parcels were immediately made available for reuse. Since then EPA has worked with DoD to clean up the contaminated portions of bases. These are usually parcels that were training ranges, landfills, maintenance facilities and other past waste-disposal areas. Superfund is a program administered by the EPA to locate, investigate, and clean up worst hazardous waste sites throughout the United States. EPA administers the Superfund program in cooperation with individual states and tribal governments. These sites include abandoned warehouses, manufacturing facilities, processing plants, and landfills - the key word here being abandoned.This data layer shows Superfund Sites that are located at BRAC Federal Facilities. Additional Superfund sites and other BRAC sites (those that are not Superfund sites) are included in other data layers as part of this web service.BRAC Superfund Sites shown in this web service are derived from the epa.gov website and include links to the relevant web pages within the attribute table. Data about BRAC Superfund Sites are located on their own EPA web pages, and CIMC links to those pages. The CIMC web service

  18. SHIRCO PILOT-SCALE INFRARED INCINERATION SYSTEM AT THE ROSE TOWNSHIP DEMODE ROAD SUPERFUND SITE

    Science.gov (United States)

    Under the Superfund Innovative Technology Evaluation or SITE Program, an evaluation was made of the Shirco Pilot-Scale Infrared Incineration System during 17 separate test runs under varying operating conditions. The tests were conducted at the Demode Road Superfund site in Ros...

  19. 77 FR 11533 - Anniston PCB Superfund Site, Anniston, Calhoun County, Alabama; Notice of Amended Settlement

    Science.gov (United States)

    2012-02-27

    ... ENVIRONMENTAL PROTECTION AGENCY [CERCLA-04-2012-3763; FRL 9637-7] Anniston PCB Superfund Site... past response costs concerning the Anniston PCB Superfund Site located in Anniston, Calhoun County.... Submit your comments by Site name Anniston PCB by one of the following methods: www.epa.gov/region4...

  20. 77 FR 16548 - Florida Petroleum Reprocessors Superfund Site; Davie, Broward County, FL; Notice of Settlements

    Science.gov (United States)

    2012-03-21

    ...-2012- 3766; CERCLA-04-2012-3765] Florida Petroleum Reprocessors Superfund Site; Davie, Broward County... costs concerning the Florida Petroleum Reprocessors Superfund Site located in Davie, Broward County.... Painter. Submit your comments by Site name Florida Petroleum Reprocessors by one of the following methods...

  1. 78 FR 729 - Ellman Battery Superfund Site; Orlando, Orange County, FL; Notice of Settlement

    Science.gov (United States)

    2013-01-04

    ... ENVIRONMENTAL PROTECTION AGENCY [FRL-9767-6; CERCLA-04-2012-3780] Ellman Battery Superfund Site; Orlando, Orange County, FL; Notice of Settlement AGENCY: Environmental Protection Agency (EPA). ACTION... Action at the Ellman Battery Superfund Site located in Orlando, Orange County, Florida. DATES: The Agency...

  2. Childhood trauma, psychosis liability and social stress reactivity: a virtual reality study.

    Science.gov (United States)

    Veling, W; Counotte, J; Pot-Kolder, R; van Os, J; van der Gaag, M

    2016-12-01

    Childhood trauma is associated with higher risk for mental disorders, including psychosis. Heightened sensitivity to social stress may be a mechanism. This virtual reality study tested the effect of childhood trauma on level of paranoid ideations and distress in response to social stress, in interaction with psychosis liability and level of social stress exposure. Seventy-five individuals with higher psychosis liability (55 with recent onset psychotic disorder and 20 at ultra-high risk for psychosis) and 95 individuals with lower psychosis liability (42 siblings and 53 controls) were exposed to a virtual café in five experiments with 0-3 social stressors (crowded, other ethnicity and hostility). Paranoid ideation was measured after each experiment. Subjective distress was self-rated before and after experiments. Multilevel random regression analyses were used to test main effects of childhood trauma and interaction effects. Childhood trauma was more prevalent in individuals with higher psychosis liability, and was associated with higher level of (subclinical) psychotic and affective symptoms. Individuals with a history of childhood trauma responded with more subjective distress to virtual social stress exposures. The effects of childhood trauma on paranoia and subjective distress were significantly stronger when the number of virtual environmental stressors increased. Higher psychosis liability increased the effect of childhood trauma on peak subjective distress and stress reactivity during experiments. Childhood trauma is associated with heightened social stress sensitivity and may contribute to psychotic and affective dysregulation later in life, through a sensitized paranoid and stress response to social stressors.

  3. High psychosis liability is associated with altered autonomic balance during exposure to Virtual Reality social stressors.

    Science.gov (United States)

    Counotte, Jacqueline; Pot-Kolder, Roos; van Roon, Arie M; Hoskam, Olivier; van der Gaag, Mark; Veling, Wim

    2017-06-01

    Social stressors are associated with an increased risk of psychosis. Stress sensitisation is thought to be an underlying mechanism and may be reflected in an altered autonomic stress response. Using an experimental Virtual Reality design, the autonomic stress response to social stressors was examined in participants with different liability to psychosis. Fifty-five patients with recent onset psychotic disorder, 20 patients at ultra-high risk for psychosis, 42 siblings of patients with psychosis and 53 controls were exposed to social stressors (crowdedness, ethnic minority status and hostility) in a Virtual Reality environment. Heart rate variability parameters and skin conductance levels were measured at baseline and during Virtual Reality experiments. High psychosis liability groups had significantly increased heart rate and decreased heart rate variability compared to low liability groups both at baseline and during Virtual Reality experiments. Both low frequency (LF) and high frequency (HF) power were reduced, while the LF/HF ratio was similar between groups. The number of virtual social stressors significantly affected heart rate, HF, LF/HF and skin conductance level. There was no interaction between psychosis liability and amount of virtual social stress. High liability to psychosis is associated with decreased parasympathetic activity in virtual social environments, which reflects generally high levels of arousal, rather than increased autonomic reactivity to social stressors. Copyright © 2016 Elsevier B.V. All rights reserved.

  4. The liability threshold model for censored twin data

    DEFF Research Database (Denmark)

    Holst, Klaus K.; Scheike, Thomas; Hjelmborg, Jacob B.

    2016-01-01

    the disease thus still being at risk. Ignoring this right-censoring can lead to severely biased estimates. The classical liability threshold model can be extended with inverse probability of censoring weighting of complete observations. This leads to a flexible way of modelling twin concordance and obtaining...... studies of diseases, as a way of quantifying such genetic contribution. The endpoint in these studies are typically defined as occurrence of a disease versus death without the disease. However, a large fraction of the subjects may still be alive at the time of follow-up without having experienced...

  5. Liability from the view of the medical physicist

    International Nuclear Information System (INIS)

    Shalek, R.J.

    1980-01-01

    The negligent performance of professional duties is the most probable type of legal action against a medical physicist. A mistake resulting from ignorance or inadvertence is an example; an error in professional judgement is not negligence if an ordinary, prudent physicist in the same situation would have made the same decision. A physicist or any hospital employee has a duty to protect his employer from liability even to the extent of reporting to the hospital medical practices which could harm the patient. Suggestions for reducing legal risk include recommendations for professional knowledge, record keeping and outside verification of important elements of operating systems

  6. Employee assistance programs: an employer's guide to emerging liability issues.

    Science.gov (United States)

    Parliman, G C; Edwards, E L

    1992-01-01

    Increasing numbers of employers are implementing employee assistance programs (EAPs) designed to assist employees with personal issues that affect their work performance. Studies show that EAPs can dramatically increase employee productivity, but the benefits from EAPs have been accompanied by a less welcome development: lawsuits filed against employers by employees who allege that they suffered harm in the course of obtaining services through their employers' EAPs. Although the potential for liability will always exist, the employer that adheres to certain guidelines will be able to minimize its risk and make its EAP well worth the investment.

  7. Remediation System Evaluation, McCormick and Baxter Superfund SiteRemediation System Evaluation, McCormick and Baxter Superfund Site

    Science.gov (United States)

    The McCormick and Baxter Creosoting Company, Portland Plant, Superfund Site is located adjacent tothe Willamette River in Portland, Oregon and addresses contamination of soil, groundwater, and riversediments stemming from creosoting operations...

  8. Insurance Cover for Revised Nuclear Liability

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    2008-01-01

    The financial security to be provided to victims of an incident at a nuclear installation is the main objective of international nuclear liability conventions. As from the introduction of the Paris Convention on Third Party Liability in the Field of Nuclear Energy in 1960 and the Vienna Convention on Liability for Nuclear Damage in 1963 insurers have been prepared to provide the financial capacity needed to cover the liability under both conventions. They did so in close co-operation with the competent national and international authorities, which has resulted in the insurability of as much of the nuclear liability under the conventions as possible. This tradition of co-operation between authorities and insurers was extended to include the revision negotiations regarding the above conventions, which were concluded in 1997 and 2004 respectively. This has resulted in the insurability of by far the largest part of the convention based liability. However, some heads of damage have been introduced about which insurers had expressed concerns as to their likelihood to attract insurance support. In view of the explicit choice by Convention States to include the uninsurable heads of damage into the revised conventions one would expect that liability for them would fall upon national Governments. This would reflect practice in a number of States, which already assume liability for uninsurable mandatory liabilities for a long time. Nonetheless some other States now seem reluctant to do so, the resulting deadlock having a tendency to manifest itself in a negative perception of the insurance industry. Insurers are therefore appreciative of the forum provided by the CNS to once again explain the areas where problems as regards insurability have arisen and why this is the case. This presentation will show that those areas are few in number and notably relate to a limited number of environmental damages as well as the extension of prescription periods. Furthermore, thoughts will

  9. Transfrontier nuclear civil liability without international conventions

    International Nuclear Information System (INIS)

    Dogauchi, M.

    1992-01-01

    Japan is not a contracting party of any international convention in the field of nuclear civil liability, and neither are other east Asian countries who have or will soon have nuclear plants. Therefore, the ordinary rules on private international law will play an important role in dealing with transfrontier nuclear civil liability. Above all, the problems on judicial jurisdiction and governing law are crucial points. With regard to the relations between the above countries and the countries whose legal systems are within the framework of Paris or Vienna Conventions, geographical scopes of these conventions are to be considered. There are two different parts in the international civil liability conventions: uniform civil liability law and mutual funds. As to the first, it is important that, even without the conventions, the basic structure of the nuclear civil liability laws in non-member countries are almost the same with those of members. In any event, considering that the establishment of a single international regime to cover all countries will be hardly possible, legal consequences under the private international law will be explored. (author)

  10. Liability for damage to the global commons

    International Nuclear Information System (INIS)

    Leigh, K.

    1993-01-01

    The 'global commons' discussed in this paper are the areas beyond the limits of national jurisdiction. Responsibility to prevent environmental damage to these areas is clearly recognized in customary international law. On the other hand, although liability for such damage undoubtedly has a useful role to play in protecting these areas, the precise nature of liability for such damage is unclear. Some issues, such as whether liability for such damage is strict or tied to breaching a standard of care and the definition of environmental damage, equally arise in relation to damage to the environment of States. Others, such as who could take action to enforce the liability and the nature of the remedy, raise special problems in the case of damage to the global commons. The work under way in the IAEA Standing Committee on Liability for Nuclear Damage provides an opportunity for clarifying these issues in relation to nuclear damage to the global commons. Treaties dealing with particular types of damage which have recently been adopted or are currently being developed in other fields provide a starting point in dealing with this matter. More work, however, needs to be done

  11. Future financial liabilities of nuclear activities

    International Nuclear Information System (INIS)

    1996-01-01

    This report deals with future financial liabilities arising from nuclear activities, in particular electricity generation. Future financial liabilities are defined as costs which an organisation or company is expected to meet beyond some five years as a consequence of its current and past activities. The study provides a comprehensive picture on policies for recognizing and funding future financial liabilities arising from nuclear activities and their implementation schemes in Nea Member countries. Mechanisms for reporting and funding future financial liabilities are described, analysed and compared. The report offers some findings, conclusions and recommendations for consideration by Member countries. The nuclear activities considered in the report include nuclear research and development, nuclear industry sectors such as uranium mining and milling, conversion and enrichment, nuclear fuel fabrication, nuclear power plant operation and maintenance, and radioisotopes production. Future financial liabilities arising from these activities cover management and disposal of radioactive wastes, reprocessing of spent fuels when applicable and decommissioning of facilities at the end of their life time. 12 refs., 14 figs., 16 tabs

  12. Liability for industrial disasters: law and democracy

    Energy Technology Data Exchange (ETDEWEB)

    Lalo, A. [Nice Univ., 06 (France)

    1998-07-01

    Full text of publication follows: a sociological sample survey was carried out with 1200 people living in the industrial area of Le Havre and its surroundings in Normandy where there is the greatest concentration of high risk industrial plants in France. The collected data was interpreted according to the German philosopher J. Habermas's political concept of 'public space' which formalizes the methods of democratic debate between citizens and authorities. The results show, according to the legal history of 'prudence', i.e. cautionary measures, that citizens do not reduce the liability for major technological accidents simply to the individual dimension, be it the fault committed or the error,of the company director as a person, but that they tend to insist on the 'risks' inherent to the complexity of modem production systems and to the dangerousness of the products used such as chemicals, oil or gas. The people questioned prefer the idea of 'shared responsibility'. The economic aspect of this notion of 'sharing' refers to the collective sharing of the costs for damages which corresponds to the legal principles of 'solidarity' and 'compensation' which, since the beginning of the 20. Century, have been a basis to the logic of 'insurance', and the government's policy emphasizing technical precaution and risk prevention. However, the ethical aspect of this notion of 'sharing' also, reveals the refusal of any impunity and shows that the attribution of responsibility is not to be 'diluted' into an anonymous collective entity. Emphasis is put neither on the individual person nor on the authorities as a whore, but rather on the system and positions within the organization. Between the paradigms of guilt and individual error on the one hand and collective solidarity and risk on the other hand, a third possibility may be seen which is systemic responsibility and

  13. Liability for industrial disasters: law and democracy

    International Nuclear Information System (INIS)

    Lalo, A.

    1998-01-01

    Full text of publication follows: a sociological sample survey was carried out with 1200 people living in the industrial area of Le Havre and its surroundings in Normandy where there is the greatest concentration of high risk industrial plants in France. The collected data was interpreted according to the German philosopher J. Habermas's political concept of 'public space' which formalizes the methods of democratic debate between citizens and authorities. The results show, according to the legal history of 'prudence', i.e. cautionary measures, that citizens do not reduce the liability for major technological accidents simply to the individual dimension, be it the fault committed or the error, of the company director as a person, but that they tend to insist on the 'risks' inherent to the complexity of modem production systems and to the dangerousness of the products used such as chemicals, oil or gas. The people questioned prefer the idea of 'shared responsibility'. The economic aspect of this notion of 'sharing' refers to the collective sharing of the costs for damages which corresponds to the legal principles of 'solidarity' and 'compensation' which, since the beginning of the 20. Century, have been a basis to the logic of 'insurance', and the government's policy emphasizing technical precaution and risk prevention. However, the ethical aspect of this notion of 'sharing' also, reveals the refusal of any impunity and shows that the attribution of responsibility is not to be 'diluted' into an anonymous collective entity. Emphasis is put neither on the individual person nor on the authorities as a whore, but rather on the system and positions within the organization. Between the paradigms of guilt and individual error on the one hand and collective solidarity and risk on the other hand, a third possibility may be seen which is systemic responsibility and function. The ethics of responsibility on which the citizens insisted shows the developing notion of 'precaution

  14. Failure to adapt infrastructure: is legal liability lurking for infrastructure stakeholders

    International Nuclear Information System (INIS)

    Gherbaz, S.

    2009-01-01

    'Full text:' Very little attention has been paid to potential legal liability for failing to adapt infrastructure to climate change-related risk. Amendments to laws, building codes and standards to take into account the potential impact of climate change on infrastructure assets are still at least some time away. Notwithstanding that amendments are still some time away, there is a real risk to infrastructure stakeholders for failing to adapt. The legal framework in Canada currently permits a court, in the right circumstances, to find certain infrastructure stakeholders legally liable for personal injury and property damage suffered by third parties as a result of climate change effects. This presentation will focus on legal liability of owners (governmental and private sector), engineers, architects and contractors for failing to adapt infrastructure assets to climate change risk. It will answer commonly asked questions such as: Can I avoid liability by complying with existing laws, codes and standards? Do engineers and architects have a duty to warn owners that existing laws, codes and standards do not, in certain circumstances, adequately take into account the impact of climate change-related risks on an infrastructure asset? And do professional liability insurance policies commonly maintained by architects, engineers and other design professionals provide coverage for a design professional's failure to take into account climate change-related risks?. (author)

  15. Clinical safety and professional liability claims in Ophthalmology.

    Science.gov (United States)

    Dolz-Güerri, F; Gómez-Durán, E L; Martínez-Palmer, A; Castilla Céspedes, M; Arimany-Manso, J

    2017-11-01

    Patient safety is an international public health priority. Ophthalmology scientific societies and organisations have intensified their efforts in this field. As a tool to learn from errors, these efforts have been linked to the management of medical professional liability insurance through the analysis of claims. A review is performed on the improvements in patient safety, as well as professional liability issues in Ophthalmology. There is a high frequency of claims and risk of economic reparation of damage in the event of a claim in Ophthalmology. Special complaints, such as wrong surgery or lack of information, have a high risk of financial compensation and need strong efforts to prevent these potentially avoidable events. Studies focused on pathologies or specific procedures provide information of special interest to sub-specialists. The specialist in Ophthalmology, like any other doctor, is subject to the current legal provisions and appropriate mandatory training in the medical-legal aspects of health care is essential. Professionals must be aware of the fundamental aspects of medical professional liability, as well as specific aspects, such as defensive medicine and clinical safety. The understanding of these medical-legal aspects in the routine clinical practice can help to pave the way towards a satisfactory and safe professional career, and help in increasing patient safety. The aim of this review is to contribute to this training, for the benefit of professionals and patients. Copyright © 2017 Sociedad Española de Oftalmología. Publicado por Elsevier España, S.L.U. All rights reserved.

  16. Chernobyl and the international liability regime

    International Nuclear Information System (INIS)

    Brunner, G.; Schmidt, C.

    1986-01-01

    The authors investigate whether Federal German citizens would have any success in claiming compensation for damage as a result of the Chernobyl reactor accident in a Soviet court, and the answer is positive in terms of substantive law. Actions would have to be filed against the AES at Chernobyl to the Chernobyl county court, which would examine the claims according to Soviet (Ukrainian) civil law, and taking into account two aspects of liability, namely strict liability, and liability in tort. However, it would indeed be more realistic to expect that any such action would be dismissed by the court upon the directive of political authorities, as the Soviet Government certainly would have no interest at all to give any foreign citizen the chance to win a case in such a politically significant matter. (orig./HSCH) [de

  17. The Pulse of Liability of Foreignness

    DEFF Research Database (Denmark)

    Kaiser, Ulrich; Sofka, Wolfgang

    companies. Such liabilities of foreignness are persistent in nature. We investigate the causes behind these detrimental effects. We identify two major factors conceptually: a lack of legitimacy in the host country on the demand side and a lack of responsiveness on the side of the multinational corporation......Globalization has provided many companies with new opportunities for growth and efficiency. This requires them to operate successfully across cultural and social borders. These can be stumbling blocks to internationalization and have been found to cause frequent errors and delays for multinational...... that legitimacy is the dominant factor behind the effects of liability of foreignness. As customer experience increases, liability of foreignness caused by a lack of responsiveness becomes more of an issue....

  18. Liability in maritime transport of dangerous goods

    International Nuclear Information System (INIS)

    Feldhaus, H.

    1985-01-01

    The first part contains a description of national liability standards for maritime transport in the French, English, US-American and West German legislation. This is followed up by a detailed review of the existing international agreements. The book is rounded off by a critical evaluation of the presently held discussion and suggested solutions on the problems of liability in the maritime transport of dangerous goods other than mineral oil. The author takes a close look at the 'Entwurf eines Internationalen Uebereinkommens ueber die Haftung und den Schadenersatz bei der Befoerderung schaedlicher und gefaehrlicher Stoffe auf See' ('draft of an international agreement on liability and compensation for damage in maritime transport of noxious and dangerous goods') in the version of May 23, 1983, which was discussed on an international diplomat's conference in London without however, yielding any concrete results. (orig./HP) [de

  19. Proposed Amendments to the Nuclear Liability

    International Nuclear Information System (INIS)

    1981-01-01

    This Memorandum issued by the Swedish Ministry of Justice contains proposed amendments to the 1968 Nuclear Liability Act which can be divided into two categories. Those in the first category are required to enable Sweden to ratify the draft Protocols to amend the Paris Convention and the Brussels Supplementary Convention. The second category of amendments propose that the nuclear operator's liability be raised from the present sum of 50 million Kroner to 500 million Kroner, to be covered by insurance; it is also proposed that a State liability be introduced over and above the compensation available, the aggregate amount being limited to 300 million Kroner. State indemnification would apply to the Nordic countries. The Annexes to the Memorandum contain the English and French texts of the draft Protocols to amend both above-mentioned Conventions (NEA) [fr

  20. The safety-incentive theory of liability

    International Nuclear Information System (INIS)

    Marshall, J.M.

    1977-11-01

    The use of liability law to improve incentives for safety is supported by certain recent theoretical results. The main ideas and the key argumants are summarized. Basic weaknesses of the theory are discussed, namely: (1) the simple model of Calabresi does not generalize; (2) the more complex systems of J.P. Brown, P. Diamond, and J. Green require that courts possess a great deal of information and use it to set appropriate standards of due care; (3) in practice safety incentives also depend upon fear of criminal penalties and the sense of social responsibility. The questions whether and when liability rules can significantly affect incentives are addressed. It is concluded that the theory in its present state can hardly serve as a basis for altering liability rules

  1. Analysis of your professional liability insurance policy.

    Science.gov (United States)

    SADUSK, J F; HASSARD, H; WATERSON, R

    1958-01-01

    The most important lessons for the physician to learn in regard to his professional liability insurance coverage are the following:1. The physician should carefully read his professional liability policy and should secure the educated aid of his attorney and his insurance broker, if they are conversant with this field.2. He should particularly read the definition of coverage and carefully survey the exclusion clauses which may deny him coverage under certain circumstances.3. If the physician is in partnership or in a group, he should be certain that he has contingent partnership coverage.4. The physician should accept coverage only from an insurance carrier of sufficient size and stability that he can be sure his coverage will be guaranteed for "latent liability" claims as the years go along-certainly for his lifetime.5. The insurance carrier offering the professional liability policy should be prepared to offer coverages up to at least $100,000/$300,000.6. The physician should be assured that the insurance carrier has claims-handling personnel and legal counsel who are experienced and expert in the professional liability field and who are locally available for service.7. The physician is best protected by a local or state group program, next best by a national group program, and last, by individual coverage.8. The physician should look with suspicion on a cancellation clause in which his policy may be summarily cancelled on brief notice.9. The physician should not buy professional liability insurance on the basis of price alone; adequacy of coverage and service and a good insurance company for his protection should be the deciding factors.

  2. Global Cities and Liability of Foreignness

    DEFF Research Database (Denmark)

    Wernicke, Georg; Mehlsen, Kristian

    2016-01-01

    In this paper, we combine the concepts of location, liability of foreignness (LoF), and their relation to factors that drive multinational enterprises (MNEs) towards, or away from, global cities. We argue that three interrelated characteristics of global cities - cosmopolitanism, availability...... indicate that MNEs have a stronger propensity to locate in global cities than in metropolitan or peripheral areas, and that these locational choices are affected by institutional distance and industrial characteristics. The results provide empirical support for our argument that locating in a global city...... can reduce the liability of foreignness suffered by MNEs, and that global cities play a central role in the process of globalisation....

  3. Search Engine Liability for Copyright Infringement

    Science.gov (United States)

    Fitzgerald, B.; O'Brien, D.; Fitzgerald, A.

    The chapter provides a broad overview to the topic of search engine liability for copyright infringement. In doing so, the chapter examines some of the key copyright law principles and their application to search engines. The chapter also provides a discussion of some of the most important cases to be decided within the courts of the United States, Australia, China and Europe regarding the liability of search engines for copyright infringement. Finally, the chapter will conclude with some thoughts for reform, including how copyright law can be amended in order to accommodate and realise the great informative power which search engines have to offer society.

  4. DISCIPLINAIRIE LIABILITIES OF THE EUROPEAN PUBLIC SERVANTS

    Directory of Open Access Journals (Sweden)

    Mihaela Tofan

    2009-09-01

    Full Text Available Work discipline is essential for the proper conduct of business within an organization with implications for productivity and efficiency. Disciplinary liability arises as a direct result of breach of service obligations and rules of behaviour. At EU level, disciplinary responsibility of community public servant is governed by the provisions of the Statute of the European Community published in the Official Journal of the European Community no. L 56 March 4, 1968 and amended on numerous occasions. This paper proposes an analysis of concrete conditions which require disciplinary liability of the European public servant, disciplinary sanctions and procedures for implementing them.

  5. 18 CFR 367.2440 - Account 244, Derivative instrument liabilities.

    Science.gov (United States)

    2010-04-01

    ..., Derivative instrument liabilities. This account must include the change in the fair value of all derivative instrument liabilities not designated as cash flow or fair value hedges. Account 426.5, Other deductions... the fair value of the derivative instrument. ...

  6. motor vehicle lessors' liability for damages to third parties: acomment

    African Journals Online (AJOL)

    eliasn

    of defining the scope of application of the Ethiopian law on liability for damages ... Federal Supreme Court in a recent case has rendered a decision that allows. ♧ .... 3.1 Whether Third Party Practice Exonerates Joint and Several. Liability.

  7. On the optimal environmental liability limit for marine oil transport

    International Nuclear Information System (INIS)

    Di Jin; Kite-Powell, H.L.

    1999-01-01

    Recent changes in the US liability regime for oil pollution damage have intensified a policy debate about environmental liability limits. Economic theory suggests that some type of limit may be needed under certain conditions, and that such a limit should be set so that the marginal social benefit and cost are equal. However, it is unclear how a liability limit may be determined specifically for tanker shipping in US waters. We first examine conditions under which corner solutions (no liability or unlimited liability) are desirable. We then formulate a model to determine a socially optimal liability limit for oil pollution damage in US waters when a non-zero, finite liability limit is desirable. The model captures the tradeoff between less expensive energy supply and more stringent protection of the marine environment. Numerical simulations illustrate the properties of the model and major factors affecting the public policy decision regarding a liability limit. (author)

  8. Environmental Pollution Liability Insurance in China: In Need of Strong Government Backing

    NARCIS (Netherlands)

    Feng, Y.; Mol, A.P.J.; Lu, Y.; He, G.; Koppen, van C.S.A.

    2014-01-01

    Environmental pollution liability insurance was officially introduced in China only in 2006, as part of new market-based approaches for managing environmental risks. By 2012, trial applications of pollution insurance had been launched in 14 provinces and cities. More than ten insurance companies

  9. Components of Insurance Firm Value and the Present Value of Liabilities

    OpenAIRE

    David F. Babbel

    1998-01-01

    In this paper, we discuss the relation between the market value of insurance company owners' equity and various components that contribute to that value. The effect of firm insolvency risk on each component of value is discussed in turn. One natural consequence of this analysis is a conceptual framework for estimating the value of insurance liabilities.

  10. Integrating Severely Handicapped Learners: Potential Teacher Liability in Community Based Programs.

    Science.gov (United States)

    Brady, Michael P.; Dennis, H. Floyd

    1984-01-01

    The paper examines elements of negligence and other legal concerns in view of the evolving trend to educate severely handicapped persons in integrated, community based settings. Duty, care, risk, and appropriate placement and instruction are discussed. Finally, recommendations for avoiding teacher liability are presented. (Author/CL)

  11. Looking at nuclear liability and insurance in Russia

    International Nuclear Information System (INIS)

    Schwartz, J.

    1997-01-01

    A recent seminar in Moscow has addressed the issue of nuclear liability and insurance in the Russian nuclear industry since the breakup of the Soviet Union. The potential benefits of joining the international liability regime and adopting comprehensive nuclear liability legislation were discussed. The need to establish appropriate nuclear insurance structures and provide indemnity to cover the liability were also debated. Whether these changes can be put into action or not is less certain than the need for them. (UK)

  12. 76 FR 80410 - Pendency of Request for Approval of Special Withdrawal Liability Rules; the Cultural Institutions...

    Science.gov (United States)

    2011-12-23

    ...This notice advises interested persons that the Pension Benefit Guaranty Corporation (``PBGC'') has received a request from The Cultural Institutions Pension Plan for approval of a plan amendment providing for special withdrawal liability rules. Under Sec. 4203(f) of the Employee Retirement Income Security Act of 1974 and PBGC's regulation on Extension of Special Withdrawal Liability Rules, a multiemployer pension plan may, with PBGC approval, be amended to provide for special withdrawal liability rules similar to those that apply to the construction and entertainment industries. Such approval is granted only if PBGC determines that the rules apply to an industry with characteristics that make use of the special rules appropriate and that the rules will not pose a significant risk to PBGC. Before granting an approval, PBGC's regulations require PBGC to give interested persons an opportunity to comment on the request. The purpose of this notice is to advise interested persons of the request and to solicit their views on it.

  13. On the development of liability laid down in the Atomic Energy Law

    International Nuclear Information System (INIS)

    Kuckuck, B.

    1981-01-01

    It is explained that the use of nuclear energy has to be accompanied by a modern and adequate law relating to damages. a) Unlimited liability and financial security. Arguments against the limitation of liability in terms of sums are the following: protection of the population, the high safety degree of German nuclear installations, the polluter-pays principle co-responsibility of the state and thus the social order in the Federal Republic of Germany in general. b) Adequate settlement of claims for damages. The optimum principle laid down in the Atom Energy Law ought to cover subsequent appropriate measures for compensation. The unavoidable, negative effects following nuclear incidents ought to be kept endurable by taking risk-specific and adequate measures. Arguments against such a normalization of liability and financial security are considered to be relative as far as they have become known. (orig./HP) [de

  14. Microcredit Contracts, Risk Diversification and Loan Take-Up

    NARCIS (Netherlands)

    Attanasio, O.; Augsburg, B.; de Haas, Ralph

    2016-01-01

    We study theoretically and empirically the demand for microcredit under different liability arrangements and risk environments. A simple theoretical model shows that the demand for joint-liability loans can exceed that for individual-liability loans when risk-averse borrowers value their long-term

  15. Focus on the future of nuclear liability law

    International Nuclear Information System (INIS)

    Pelzer, N.

    2000-01-01

    The main nuclear liability principles are examined. Then, aspects newly introduced by the 1997 Convention on Supplementary Compensation and by the new austrian nuclear liability law are studied. Then general deliberations on the extent and the limits of a civil nuclear liability regime are tackled. (N.C.)

  16. 26 CFR 50.5 - Liability for the tax.

    Science.gov (United States)

    2010-04-01

    ... 26 Internal Revenue 17 2010-04-01 2010-04-01 false Liability for the tax. 50.5 Section 50.5... TAXES (CONTINUED) REGULATIONS RELATING TO THE TAX IMPOSED WITH RESPECT TO CERTAIN HYDRAULIC MINING § 50.5 Liability for the tax. Liability for tax attaches to any person engaged at any time during the...

  17. 43 CFR 29.7 - Imposition of strict liability.

    Science.gov (United States)

    2010-10-01

    ... LIABILITY FUND § 29.7 Imposition of strict liability. (a) Notwithstanding the provisions of any other law... prove that the damages were caused by an act of war or by the negligence of the United States or other... negligence of such damaged party. (c)(1) Strict liability for all claims arising out of any one incident...

  18. 46 CFR 5.69 - Evidence of criminal liability.

    Science.gov (United States)

    2010-10-01

    ... INVESTIGATION REGULATIONS-PERSONNEL ACTION Statement of Policy and Interpretation § 5.69 Evidence of criminal liability. Evidence of criminal liability discovered during an investigation or hearing conducted pursuant... 46 Shipping 1 2010-10-01 2010-10-01 false Evidence of criminal liability. 5.69 Section 5.69...

  19. Spectral decomposition of optimal asset-liability management

    NARCIS (Netherlands)

    Decamps, M.; de Schepper, A.; Goovaerts, M.

    2009-01-01

    This paper concerns optimal asset-liability management when the assets and the liabilities are modeled by means of correlated geometric Brownian motions as suggested in Gerber and Shiu [2003. Geometric Brownian motion models for assets and liabilities: from pension funding to optimal dividends.

  20. 37 CFR 10.78 - Limiting liability to client.

    Science.gov (United States)

    2010-07-01

    ... 37 Patents, Trademarks, and Copyrights 1 2010-07-01 2010-07-01 false Limiting liability to client... Office Code of Professional Responsibility § 10.78 Limiting liability to client. A practitioner shall not attempt to exonerate himself or herself from, or limit his or her liability to, a client for his or her...

  1. New Swiss legislation on nuclear third party liability

    International Nuclear Information System (INIS)

    Fischer, U.

    1981-10-01

    Following a description of the Paris Convention and Brussels Supplementary Convention system for nuclear third party liability and that prevailing until now in Switzerland, the paper reviews the new Swiss nuclear third party liability Bill prepared after a popular consultation. The new provisions are analysed and in particular, that providing for unlimited liability. (NEA) [fr

  2. Nuclear liability act and nuclear insurance

    International Nuclear Information System (INIS)

    Clarke, Roy G.; Goyette, R.; Mathers, C.W.; Germani, T.R.

    1976-01-01

    The Nuclear Liability Act, enacted in June 1970 and proclaimed effective October 11, 1976, is a federal law governing civil liability for nuclear damage in Canada incorporating many of the basic principles of the international conventions. Exceptions to operator liability for breach of duty imposed by the Act and duty of the operator as well as right of recourse, time limit on bringing actions, special measures for compensation and extent of territory over which the operator is liable are of particular interest. An operator must maintain $75,000,000. of insurance for each nuclear installation for which he is the operator. The Nuclear Insurance Association of Canada (NIAC) administers two ΣPoolsΣ or groups of insurance companies where each member participates for the percentage of the total limit on a net basis, one pool being for Physical Damage Insurance and the other for Liability Insurance. The Atomic Energy Control Board recommends to the Treasury Board the amount of insurance (basic) for each installation. Basic insurance required depends on the exposure and can range from $4 million for a fuel fabricator to $75 million for a power reactor. Coverage under the Operator's Policy provides for bodily injury, property damage and various other claims such as damage from certain transportation incidents as well as nuclear excursions. Workmen's Compensation will continue to be handled by the usual channels. (L.L.)

  3. 77 FR 74121 - Limited Liability Partnerships (LLPs)

    Science.gov (United States)

    2012-12-13

    ... protected against personal liability for corporate obligations. Both forms of business entity may opt for treatment as an association, and consequently for corporate tax treatment, without regard to State law...''). LLPs are created under State law and share certain characteristics with both partnerships and...

  4. Liability and damages in Japanese nuclear law

    International Nuclear Information System (INIS)

    Hoshino, E.

    1981-01-01

    The Japanese legislation relating to nuclear liability is based on two laws which date back to 1961, i.e. the law concerning compensation for nuclear damage and the law concerning financial damage compensation indemnification. In Japan, the legal channelling of liability is in force, a contractual recourse is not possible unless there is intent. The financial security act in Japan consists of a (third-party) liability insurance contract concluded with a private insurer and the cover contract concluded with the state. According to the agreement on financial security concluded between government and operator, the operator has to pay the state a certain sum per year. Basically, the amount covered is DM 50 million per site. This sum will be increased to DM 90 million. The operator is fully liable. The state is not bound by law to fully cover damages but will be - de facto - prepared to do so anyway. For potential damage to personnel, the social insurance law is applicable as it is in the Federal Republic of Germany. However, this damage is intended to be subject to nuclear liability, to be effected by an amendmend. (orig./HP) [de

  5. 12 CFR 229.38 - Liability.

    Science.gov (United States)

    2010-01-01

    ... affect a paying bank's liability to its customer under the U.C.C. or other law. (b) Paying bank's failure... provision, but not both. (c) Comparative negligence. If a person, including a bank, fails to exercise... person under § 229.38(a) shall be diminished in proportion to the amount of negligence or bad faith...

  6. Nuclear liabilities - nuclear insurance. Pt. 1

    International Nuclear Information System (INIS)

    Roesch, H.

    1981-01-01

    Too much emotion is involved in the topic of nuclear energy. This is often due to the fact that the persons involved lack of essential basic knowledge. This article and the following ones represent an attempt to offer a technically oriented introduction into the physical preconditions of the problems and the questions concerning matters of liability and insurance. (orig.) [de

  7. Institutional Liability for Student Activities and Organizations.

    Science.gov (United States)

    Richmond, Douglas R.

    1990-01-01

    Examines higher education institutional liability in the following areas: (1) in tort, based on negligence, for physical harm to students; (2) in tort, for defamation flowing from student media; and (3) in contract, arising out of student organizations' business relationships with third parties. (222 references) (MLF)

  8. 7 CFR 1209.74 - Personal liability.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 10 2010-01-01 2010-01-01 false Personal liability. 1209.74 Section 1209.74 Agriculture Regulations of the Department of Agriculture (Continued) AGRICULTURAL MARKETING SERVICE (MARKETING..., AND CONSUMER INFORMATION ORDER Mushroom Promotion, Research, and Consumer Information Order...

  9. Directors’ and Officers’ Liability: Economic Analysis

    NARCIS (Netherlands)

    P. C. Leyens (Patrick); M.G. Faure (Michael)

    2017-01-01

    markdownabstractThis paper will be published as a chapter of the forthcoming volume ‘Directors & Officers Liability’ edited by Simon F. Deakin, Helmut Koziol, and Olaf Riss. It explores D&O liability from a law and economics perspective with a view to identify trade-offs of different legal settings.

  10. 42 CFR 424.555 - Payment liability.

    Science.gov (United States)

    2010-10-01

    ... covered items or services furnished to a Medicare beneficiary by a provider or supplier if the billing... Health CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES (CONTINUED... Billing Privileges § 424.555 Payment liability. (a) No payment may be made for otherwise Medicare covered...

  11. Sexual Harassment at Camp: Reducing Liability.

    Science.gov (United States)

    Oakleaf, Linda; Grube, Angela Johnson

    2003-01-01

    Employers are responsible for sexual harassment perpetrated by a supervisor. Camps may be responsible for sexual harassment between campers. Steps to reduce liability include providing multiple channels for reporting sexual harassment; having written policies prohibiting sexual harassment and procedures for reporting it; posting these policies and…

  12. Trends in nuclear third party liability law

    International Nuclear Information System (INIS)

    Avossa, G.

    1992-01-01

    For some ten years now, nuclear third-party liability has been changing at an ever-faster pace, further accelerated by the Chernobyl catastrophe. Some of these changes are discussed in this article. A joint protocol drawn up by the International Atomic Energy Agency (IAEA) and the Nuclear Energy Agency (NEA) mutually extends the benefit of the special third-party liability system regarding nuclear damage instituted by virtue of previous Conventions and settles the conflicts of law likely to result from the simultaneous application of the two international instruments. Within the framework of the IAEA, a review procedure of the Convention of Vienna has been underway since 1989, in which the NEA has taken an integral part. At the outcome of the process underway, not only will the Convention of Vienna be revised, but so, indirectly but very rapidly, will the Conventions of Paris and Brussels. Ultimately, the entire field of nuclear third-party liability will be recast for decades to come. The texts under discussion are as yet nowhere near their final stage but two areas of consideration have already emerged, which will be discussed. Substantial modifications are made in nuclear third-party liability law. Secondly, the indemnification process for nuclear damage will be vastly modified, due to the subsidiary nature of government intervention and new obligations on operators to become members of a Nuclear Operator Pool. (author)

  13. 40 CFR 267.147 - Liability requirements.

    Science.gov (United States)

    2010-07-01

    ... consideration of the guarantee. If the guarantor is a firm with a “substantial business relationship” with the... PERMIT Financial Requirements § 267.147 Liability requirements. (a) Coverage for sudden accidental... facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties...

  14. 31 CFR 210.10 - RDFI liability.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false RDFI liability. 210.10 Section 210.10 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

  15. 31 CFR 210.11 - Limited liability.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Limited liability. 210.11 Section 210.11 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued) FISCAL SERVICE, DEPARTMENT OF THE TREASURY FINANCIAL MANAGEMENT SERVICE FEDERAL GOVERNMENT PARTICIPATION IN THE AUTOMATED...

  16. Nuclear third party liability in Germany

    International Nuclear Information System (INIS)

    Raetzke, Christian

    2016-01-01

    The German system of nuclear third party liability has always been, and arguably still is, the object of considerable interest in the international nuclear law community. This may seem surprising since Germany adheres to the Paris Convention and is therefore a party to a community of 15 states all following the same principles enshrined in this Convention. In fact, when implementing the PC, Germany chose the approach ensuring the most literal adherence to the PC's principles: it adopted the PC in its entirety, thus directly transposing the PC text into binding German law, instead of enacting a national law derived from, but not literally translating, the PC. At the same time, perhaps no other nation has made use of the options, choices and margins offered or abandoned by the PC to the national legislators, or kept in store by way of a reservation at signature of the Convention, in such an extended manner, testing - and as has even been contended in the past: stressing - the boundaries of the PC system. Unlimited liability introduced in 1985, the highest financial security of any PC state (EUR 2.5 billion), unlimited territorial scope combined with the principle of reciprocity and liability of German operators even in the force majeure cases of Article 9 of the PC are probably the most interesting decisions made by Germany in this context, established in the Atomic Energy Act (Atomgesetz). These choices betray a certain tendency of the German government to give the greatest possible benefit to victims, and in parallel to achieve a 'normalisation' of the nuclear liability regime, without stifling the industry. Within the compromise underlying the international nuclear liability regime - enabling the nuclear industry to create and sustain an energy sector highly relevant for national electricity production on the one hand and protecting potential victims on the other - Germany has more and more shifted the balance, as far as practically possible, to the

  17. Nuclear liability and research reactor fuel. A plant supplier's view

    International Nuclear Information System (INIS)

    Roegler, H.-J.; Hetzmann, A.

    2000-01-01

    Contracts on Research Reactors are normally entered into by the owner and - very often - later user and the supplier of such plants. They are not concluded by the fuel supplier, except fuel supplier and plant supplier are identical. Thus, the fuel supplier mostly has no direct influence into the contract negotiations and the clauses which are eventually agreed upon between the parties. So has any other subcontractor for any other system or component. Any such subsupplier can and will negotiate a subsidiary supply contract (subcontract) with the supplier of the plant. The supplier drafts the related clauses so as to pass on to the subsupplier as many risks out of his contracts as possible. The subsupplier, on the other hand, tries to protect himself, tries to limit the risks he takes over, e.g. to the worth of his subcontract maximum. A critical issue in such negotiations is those concerning the risks the supplier had to accept and the subsupplier, although he may be responsible later for the risk changing to reality; i.e. the occurrence of a loss, cannot be hold liable for in full because the subcontract limits his liability, e.g. to the subcontract value or a certain delay penalty. A typical example for this conflict are delays of the entire project caused by one subsupplier. A very specific case in this context is the so-called nuclear liability. Nuclear liability means being hold responsible for the consequences or damages originating from a nuclear event in the plant. Those consequences or damages may be suffered by third parties, which are neither the owner/operator nor the supplier and result in a liability to such party (third party liability). Several of the aspects below may be related to the nuclear liability issue: The supplier often has its registered office not in the country where the plant is; The supplier may have far bigger assets than the owner/operator. The legal system of the supplier's country may be more favourable for enforcing claims of

  18. Third Party Liability governing Dangerous and Nuclear Activities

    International Nuclear Information System (INIS)

    Di Martino, Vittorio.

    1979-01-01

    The introductory chapters of this book analyse the concept of fault as a basis for third party liability and the evolution of jurisprudence and doctrine towards the concept of absolute liability. The following part covers the Italian system of liability for hazardous activities. The nuclear third party liability system is then analysed according to existing international conventions and nuclear legislation in several countries. The Appendix contains various legislative and regulatory texts on nuclear third party liability in Italy and in other countries which provide for special legislation in this field. (NEA) [fr

  19. Remedial investigation report on waste area grouping 5 at Oak Ridge National Laboratory, Oak Ridge, Tennessee. Volume 4, Appendix C, Risk assessment

    International Nuclear Information System (INIS)

    1995-09-01

    Waste Area Grouping (WAG) 5 is part of Oak Ridge National Laboratory (ORNL) and is located on the United States Department of Energy's Oak Ridge Reservation (DOE-ORR). The site lies southeast of Haw Ridge in Melton Valley and comprises approximately 32 ha (80 ac) [12 ha (30 ac) of forested area and the balance in grassed fields]. Waste Area Grouping 5 consists of several contaminant source areas for the disposal of low-level radioactive, transuranic (TRU), and fissile wastes (1959 to 1973) as well as inorganic and organic chemical wastes. Wastes were buried in trenches and auger holes. Radionuclides from buried wastes are being transported by shallow groundwater to Melton Branch and White Oak Creek. Different chemicals of potential concern (COPCs) were identified (e.g., cesium-137, strontium-90, radium-226, thorium-228, etc.); other constituents and chemicals, such as vinyl chloride, bis(2-ethylhexyl)phthalate, trichloroethene, were also identified as COPCs. Based on the results of this assessment contaminants of concern (COCs) were subsequently identified. The objectives of the WAG 5 Baseline Human Health Risk Assessment (BHHRA) are to document the potential health hazards (i.e., risks) that may result from contaminants on or released from the site and provide information necessary for reaching informed remedial decisions. As part of the DOE-Oak Ridge Operations (ORO), ORNL and its associated waste/contamination sites fall under the auspices of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), also known as Superfund under the Superfund Amendments and Reauthorization Act (SARA). The results of the BHHRA will (1) document and evaluate risks to human health, (2) help determine the need for remedial action, (3) determine chemical concentrations protective of current and future human receptors, and (4) help select and compare various remedial alternatives.

  20. Guidance: Strategies to Achieve Timely Settlement and Implementation of RD/RA at Superfund Sites

    Science.gov (United States)

    Memorandum recommends strategies to encourage PRPs to enter into a settlement using the model RD/RA Consent Decree; discusses the current model UAO; and suggests practical alternatives to expedite Superfund settlements and the cleanup process.

  1. Renton's Quendall Terminals on List of EPA Superfund Sites Targeted for Immediate, Intense Attention

    Science.gov (United States)

    EPA released the list of Superfund sites that Administrator Pruitt has targeted for intense and immediate attention, including the Quendall Terminals Site, a former creosote facility on the shore of Lake Washington in Renton, Washington.

  2. Ensuring the adequacy of cost share provisions in superfund state contracts. Directive

    International Nuclear Information System (INIS)

    1993-01-01

    The memorandum requests regional offices to re-examine existing Superfund State Contracts (SSCs) for Fund-financed remedial actions to verify that they adequately reflect incurred and projected remedial action costs

  3. Cleanups In My Community (CIMC) - Base Realignment and Closure (BRAC) Superfund Sites, National Layer

    Data.gov (United States)

    U.S. Environmental Protection Agency — This data layer provides access to Base Realignment and Closure (BRAC) Superfund Sites as part of the CIMC web service. EPA works with DoD to facilitate the reuse...

  4. 75 FR 38100 - National Institute of Environmental Health Sciences Superfund Hazardous Substance Research and...

    Science.gov (United States)

    2010-07-01

    ...- traditional communication methods to make the significance and applicability of SRP-funded research... and Social Sciences Research, and National Institute of Biomedical Imaging and Bioengineering. [cir... Superfund Hazardous Substance Research and Training Program Strategic Plan; Request for Comments ACTION...

  5. Cleanups In My Community (CIMC) - Federal facilities that are also Superfund sites, National Layer

    Data.gov (United States)

    U.S. Environmental Protection Agency — Federal facilities are properties owned by the federal government. This data layer provides access to Federal facilities that are Superfund sites as part of the CIMC...

  6. Towards identifying the next generation of superfund and hazardous waste site contaminants

    Science.gov (United States)

    Ela, Wendell P.; Sedlak, David L.; Barlaz, Morton A.; Henry, Heather F.; Muir, Derek C.G.; Swackhamer, Deborah L.; Weber, Eric J.; Arnold, Robert G.; Ferguson, P. Lee; Field, Jennifer A.; Furlong, Edward T.; Giesy, John P.; Halden, Rolf U.; Henry, Tala; Hites, Ronald A.; Hornbuckle, Keri C.; Howard, Philip H.; Luthy, Richard G.; Meyer, Anita K.; Saez, A. Eduardo; vom Saal, Frederick S.; Vulpe, Chris D.; Wiesner, Mark R.

    2011-01-01

    Background This commentary evolved from a workshop sponsored by the National Institute of Environmental Health Sciences titled "Superfund Contaminants: The Next Generation" held in Tucson, Arizona, in August 2009. All the authors were workshop participants.

  7. Legal analysis at the Law for Civil liabilities by nuclear damage

    International Nuclear Information System (INIS)

    Gonzalez G, A.

    2000-01-01

    The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

  8. Strategy for integrated CERCLA/NEPA risk assessments

    International Nuclear Information System (INIS)

    MacDonell, M.M.; Haroun, L.A.; Peterson, J.M.; Blunt, D.A.; Fingleton, D.J.; Picel, M.H.

    1991-01-01

    The US Department of Energy (DOE) has established a policy whereby, for remedial actions, the procedural and documentational requirements of the National Environmental Policy Act (NEPA) are integrated with those of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended. However, the objectives of risk assessment under NEPA and CERCLA differ somewhat. Until its recent application at contaminated sites, NEPA analysis has typically been applied to impacts from taking actions at clean sites (e.g., for construction activities), and a somewhat loosely structured process has historically been used to estimate relative risks for NEPA analyses. Decisions such as cleanup levels were not made on the basis of the risk estimates, and they therefore tended to be conservative and were not discussed in detail. In contrast, risks estimated for Superfund (CERCLA) sites are used to focus the decision-making process for those sites and support national prioritization for cleanup, and the US Environmental Protection Agency (EPA) has developed a detailed framework for preparing baseline health risk assessments for these sites. The purpose of this paper is to discuss issues related to intergrating the CERCLA and NEPA approaches into the risk assessments that have been prepared for a DOE remedial action project at the Weldon Spring site near St. Charles, Missouri. These issues are grouped into three basic categories: general assumptions for the impact evaluation, data management, and presentation of the methodology and results. This paper is not intended to represent DOE policy and guidance, nor does it represent the only approach that can be used for integrated risk assessments. It merely discusses the process that was used for the Weldon Spring project, articulating the issues that were encountered and how they were addressed

  9. Civil liability and compensation for damages caused by certain hazardous and noxious substances during their carriage by sea

    International Nuclear Information System (INIS)

    Bievre, A. de.

    1985-01-01

    In this paper current international efforts directed at the establishment of a special legal regime for civil liability and compensation for damages caused by hazardous and noxious substances during their transport by sea, specifically chemicals and liquid gas products, are described and analysed. Special attention is given to the way in which concern with the development of an 'environment oriented' regime which provides full recovery for victims in a reliable manner, on the one hand, and, on the other, considerations relating to cost effectiveness complement or conflict with each other. Another important area of investigation concerns the potential role of the marine insurance industry in accident prevention through the provision of incentives for careful (i.e. safe and environmentally sound) behaviour. There is a distinct regulatory trend in favour of strict liability (i.e. liability without fault) and compulsory insurance. There is also a growing perception of the need to depart from the traditional pattern of maritime liability which channels liability automatically to the person exercizing operational control during transport by sea (i.e. the carrier), and to additionally impose liability on those responsible for the risks attached to the inherently harmful characteristics of the cargoes carried. (orig.) [de

  10. Introduction of unlimited liability into the atomic law with special regard to the international nuclear liability conventions

    International Nuclear Information System (INIS)

    Hohlefelder, W.

    1984-01-01

    The paper was read at the international symposium on nuclear liability held in Munich in September 1984 by OECD/NEA and IAEA. It outlines the basic principles of the Paris liability convention and the international development. The author pleads in favour of unlimited liability for hazards on grounds of history, legal policy, legal dogmatics and practice. Moreover he thinks it useful and appropriate because it also improves the protection of the citizens. The same as the federal government the author holds that unlimited liability for hazards is compatible with the maximum damages and the congruity regulations of the Paris and Brussels liability convention. An amendment to the liability convention, though not necessary, would be desirable to make clear that both options - limited and unlimited liability - are open. (HSCH) [de

  11. Marketing nutrition & health-related benefits of food & beverage products: enforcement, litigation & liability issues.

    Science.gov (United States)

    Roller, Sarah; Pippins, Raqiyyah

    2010-01-01

    Over the past decade, the liability risks associated with food and beverage product marketing have increased significantly, particularly with respect to nutrition and health-related product benefit claims. FDA and FTC enforcement priorities appear to have contributed to the increasing liability trends that are associated with these nutrition and health-related claims. This article examines key enforcement and litigation developments involving conventional food and beverage product marketing claims during the first 18 months of President Obama's administration: Part I considers FDA enforcement priorities and recent warning letters; Part II considers FTC enforcement priorities, warning letters, and consent orders; and Part III considers the relationship between FDA and FTC enforcement priorities and recent false advertising cases brought by private parties challenging nutrition and health-related marketing claims for food and beverage products. The article makes recommendations concerning ways in which food and beverage companies can help minimize liability risks associated with health-related marketing claims. In addition, the article suggests that federal policy reforms may be required to counter the perverse chilling effects current food liability trends appear to be having on health-related marketing claims for food and beverage products, and proposes a number of specific reforms that would help encourage the responsible use of well-substantiated marketing claims that can help foster healthy dietary practices. In view of the obesity prevention and other diet-related public health priorities of the Obama administration, the article suggests that this is an opportune time to address the apparent chilling effects increasing food liability risks are having on nutrition and health-related marketing claims for healthy food and beverage products, and potential adverse consequences for public health.

  12. Sustainable development and nuclear liability

    International Nuclear Information System (INIS)

    Schwartz, J.

    2001-01-01

    Although the high safety standards of the nuclear industry mean that the risk of an accident is low, the magnitude of damage that could result to third parties from such an accident is considerable. It was thus recognised from the very inception of the nuclear power industry that a special legal regime would need to be established to provide for the compensation of victims of a nuclear accident. The ordinary rules of tort and contract law were simply not suited to addressing such a situation in an efficient and effective manner. (authors)

  13. An Inconvenient Deliberation. The Precautionary Principle's Contribution to the Uncertainties Surrounding Climate Change Liability

    International Nuclear Information System (INIS)

    Haritz, M.M.

    2011-01-01

    There is increasing evidence to suggest that adaptation to the inevitable is as relevant to climate change policymaking as mitigation efforts. Both mitigation and adaptation, as well as the unavoidable damage occurring both now and that is predicted to occur, all involve costs at the expense of diverse climate change victims. The allocation of responsibilities - implicit in terms of the burden-sharing mechanisms that currently exist in public and private governance - demands recourse under liability law, especially as it has become clear that most companies will only start reducing emissions if verifiable costs of the economic consequences of climate change, including the likelihood of liability, outweigh the costs of taking precautionary measures. This vitally important book asks: Can the precautionary principle make uncertainty judiciable in the context of liability for the consequences of climate change, and, if so, to what extent? Drawing on the full range of pertinent existing literature and case law, the author examines the precautionary principle both in terms of its content and application and in the context of liability law. She analyses the indirect means offered by existing legislation being used by environmental groups and affected individuals before the courts to challenge both companies and regulators as responsible agents of climate change damage. In the process of responding to its fundamental question, the analysis explores such further questions as the following: (a) What is the role of the precautionary principle in resolving uncertainty in scientific risk assessment when faced with inconclusive evidence, and how does it affect decision-making, particularly in the regulatory choices concerning climate change? To this end, what is the concrete content of the precautionary principle?; (b) How does liability law generally handle scientific uncertainty? What different types of liability exist, and how are they equipped to handle a climate change

  14. Should nuclear liability limits be removed. No

    International Nuclear Information System (INIS)

    Pape, E.C.

    1985-01-01

    The opposing view to the proposition that limits on nuclear liability under the Price-Anderson Act should be removed cites the historical recognition of the need to protect the public as it was defined in 1957. The limit on liability today is $630 million per nuclear incident, with total protection continuing to increase as new plants come on line and additional purchased insurance becomes available. The limit gives the industry an incentive to commit capital and technical resources to develop new technology. Removing the limit would increase costs, but not benefits, for electric consumers, and would require a new way to protect the public other than through purchased insurance or the utility's resources. The industry will support raising the limit, however

  15. Finance, providers issue brief: insurer liability.

    Science.gov (United States)

    Rothouse, M; Stauffer, M

    2000-05-24

    When a health plan denies payment for a procedure on grounds that it is not medically necessary or when it refuses a physician-ordered referral to a specialist, has it crossed the line from making an insurance judgment to practicing medicine? If the patient suffers harm as a result of the decision, is the plan liable for medical malpractice? Those were questions 35 states considered in 1999, and at least 32 states are grappling with this year as they seek to respond to physician and patient pressure to curb the power of the managed care industry. Traditionally, health insurers have been protected by state laws banning "the corporate practice of medicine," which means the patient's only recourse is to sue under a "vicarious liability" theory. Now, however, lawmakers are debating legislation to extend the scope of malpractice liability beyond individual practitioners to insurance carriers and plans themselves.

  16. Review of the nuclear liability act

    International Nuclear Information System (INIS)

    1990-01-01

    There has always been concern that nuclear materials have the potential to cause injury and property damage. For this reason, nuclear operators have always been required by national regulatory authorities to exercise special precautions in the operation of their facilities. Federal legislation was drafted in Canada as the Nuclear Liability Act in 1970. The Act ensures that funds are available from all operators of nuclear facilities to provide financial compensation to third parties for injuries or damages suffered as a result of a nuclear incident; at the same time the Act provides protection to the operators by limiting their related liability. The Act also protects persons other than operators. The review of the Act has progressed in stages. The first stage was conducted by the staff of the Atomic Energy Control Board and catalogued previously identified difficulties with the Act. The second stage was a preliminary examination of the Act by an Interdepartmental Working Group. 2 figs

  17. Liability concerns in contraceptive research and development.

    Science.gov (United States)

    Segal, S J

    1999-12-01

    The history of liability claims in the US against contraceptive products is among the issues that discourage manufacturers from investing in discovery and development in this field. Other factors are the high cost of new drug development, elevated insurance rates for contraceptives, and the desire to avoid controversy that can disturb corporate tranquility. General features of the American legal system influence the large number and cost of product liability claims in the US compared to Europe. These differences pertain to issues such as the role of judges, how lawyers receive their compensation, and the use of expert scientific testimony. The history of litigation in the US against pharmaceutical products and devices pertaining to women's health suggests that interventions that involve the reproductive system are held to different standards or elicit different emotional responses than other pharmaceutical products or devices.

  18. Professional liability of the radon technologist

    International Nuclear Information System (INIS)

    Kornreich, M.R.

    1987-01-01

    The radon technologist will want to protect himself from lawsuits by plaintiffs who believe they have suffered consequences of a false measurement or erroneous recommendation. The author may be sued for negligence or on the contract. A plaintiff is more likely to be successful in a suit for monetary losses associated with real estate transactions or remediation than in a suit for personal injury. To avoid liability, the radon technologist will want to keep aware of the state of the art; use standard protocols; carefully supervise employees; take all technical precaution; and get legal advice in contracting. The author should also adhere to applicable federal, state, or local regulations. Disclosing the limits of measurement procedures and emphasizing the importance of maintaining standardized environmental conditions in the building are important. Since it is extremely difficult for an individual to get adequate professional liability insurance at a reasonable price, radon technologists should cooperate, perhaps through their professional societies, to negotiate the best possible insurance policies

  19. Fiscal year 1995 progress in implementing Section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act. Ninth annual report to Congress

    International Nuclear Information System (INIS)

    1996-09-01

    Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Public Law 96-510), commonly known as Superfund, in 1980. The Superfund Amendments and Reauthorization Act (SARA) which amended CERCLA in 1986, added Section 120 regarding the cleanup of contaminated sites at Federal facilities. Under Section 120(e)(5) of CERCLA, each department, agency, or instrumentality of the Federal government responsible for compliance with Section 120 must submit an annual report to Congress concerning its progress in implementing the requirements of Section 120. The report must include information on the progress in reaching Interagency Agreements (IAGs), conducting Remedial Investigation and Feasibility Studies (RI/FSs), and performing remedial action. Federal agencies that own or operate facilities on the National priorities List (NPL) are required to begin an RI/FS for these facilities within 6 months after being placed on the NPL. Remediation of these facilities is addressed in an IAG between the Federal agency, the US Environmental Protection Agency (EPA), and in some instances the state within which the facility is located. This report provides the status of ongoing activities being performed in support of CERCLA Section 120 at DOE facilities. This includes activities conducted to reach IAGs and progress in conducting remedial actions

  20. Fiscal year 1995 progress in implementing Section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act. Ninth annual report to Congress

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1996-09-01

    Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Public Law 96-510), commonly known as Superfund, in 1980. The Superfund Amendments and Reauthorization Act (SARA) which amended CERCLA in 1986, added Section 120 regarding the cleanup of contaminated sites at Federal facilities. Under Section 120(e)(5) of CERCLA, each department, agency, or instrumentality of the Federal government responsible for compliance with Section 120 must submit an annual report to Congress concerning its progress in implementing the requirements of Section 120. The report must include information on the progress in reaching Interagency Agreements (IAGs), conducting Remedial Investigation and Feasibility Studies (RI/FSs), and performing remedial action. Federal agencies that own or operate facilities on the National priorities List (NPL) are required to begin an RI/FS for these facilities within 6 months after being placed on the NPL. Remediation of these facilities is addressed in an IAG between the Federal agency, the US Environmental Protection Agency (EPA), and in some instances the state within which the facility is located. This report provides the status of ongoing activities being performed in support of CERCLA Section 120 at DOE facilities. This includes activities conducted to reach IAGs and progress in conducting remedial actions.

  1. Fiscal year 1996 progress in implementing Section 120 of the Comprehensive Environmental Response, Compensation, and Liability Act. Tenth annual report to Congress

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1997-12-01

    Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (Public Law 96-510), commonly known as Superfund, in 1980. The Superfund Amendments and Reauthorization Act (SARA) (Public Law 99-499), which amended CERCLA in 1986, added Section 120 regarding the cleanup of contaminated sites at Federal facilities. Under Section 120(e)(5) of CERCLA, each department, agency, or instrumentality of the Federal government responsible for compliance with Section 120 must submit an annual report to Congress concerning its progress in implementing the requirements of Section 120. The report must include information on the progress in reaching Interagency Agreements (IAGs), conducting remedial investigation and feasibility studies (RI/FSs), and performing remedial actions. Federal agencies that own or operate facilities on the National Priorities List (NPL) are required to begin an RI/FS for these facilities within 6 months after being placed on the NPL. Remediation of these facilities is addressed in an IAG between the Federal agency, the US Environmental Protection Agency (EPA), and in some instances the state within which the facility is located.

  2. Office gossip: a surprising source of liability.

    Science.gov (United States)

    Gregg, Robert E

    2003-01-01

    Rumors and gossip are inevitable ingredients of work life. Within limits, they may have some beneficial functions. Still, practitioners and managers must be aware of the dangers inherent in defamation of character and harassment. This article defines workplace comments and activities that should be avoided and the employer's legal liability when situations get out of hand. It also outlines the manager's responsibilities and lists privacy rights that are codified by state and federal laws.

  3. Liability for international nuclear transport: an overview

    International Nuclear Information System (INIS)

    Brown, O.F.; Horbach, N.

    2000-01-01

    Many elements can bear on liability for nuclear damage during transport. For example, liability may depend upon a number of facts that may be categorized as follows: shipment, origin or destination of the shipment, deviation from the planed route, temporary storage incidental to carriage; content of shipment, type of nuclear material involved, whether its origin is civilian or defence-related; sites of accident, number and type of territories damaged (i.e. potential conventions involved), applicable territorial limits, exclusive economic zone, high seas, etc.; nature of damages, personal injury, property damage, damage to the means of carriage, indirect damage, preventive measures, environmental cleanup or retrieval at seas, res communis, transboundary damages etc.; victims involved, nationality and domiciles of victims; jurisdiction, flag (for ships) or national registration (for aircraft) of the transporting vessel, courts of one or more states may have (or assert) jurisdiction to hear claims, and may have to determine what law to apply to a particular accident; applicable law, the applicability laws and/or international nuclear liability conventions; the extent to which any applicable convention has been implemented or modified by domestic legislation, conflicts with the 1982 Law of the Sea Convention or other applicable international agreements, and finally, also written agreements between installation operators and carriers can define applicable law as well as responsibilities. Harmonizing nuclear liability protection and applying it to additional international shipments would be facilitated by more countries being in treaty relations with each other as soon as possible. Adherence to an international convention by more countries (including China, Russia, the United States, etc.) would promote the open flow of services and advanced technology, and better facilitate international transport. The conventions protect the public, harmonize legislation in the

  4. Contractual medical liability in Portugal and Macao

    Directory of Open Access Journals (Sweden)

    Rui Miguel Prista Patrício Cascão

    2016-09-01

    Full Text Available Liability of healthcare providers can be framed under the theory of contract in the law of Portugal and Macao, to obtain compensation for injury suffered by aggrieved patients, as a result of medical adverse events. However, shortcomings in the law, court practice and literature lead to some uncertainty in adjudication. This article aims at reducing said uncertainty, setting forward a clear-cut adjudication paradigm, while recommending legal reform.

  5. Development of international law concerning nuclear liability

    International Nuclear Information System (INIS)

    Ifflaender, G.; Kantner, G.

    1979-01-01

    A short overview is given of the most important international conventions relating to civil liability for damage to, or loss of, life of persons or property, caused by nuclear incidents during the operation of stationary and non-stationary nuclear installations or transport of nuclear material. In accord with the international provisions, in the German Democratic Republic too, nuclear operators are exclusively liable for such damage unless it has been caused intentionally by the injury party. (author)

  6. Nuclear Reactors and Their Legal Liability Insurance

    International Nuclear Information System (INIS)

    Ekener, H.

    1999-09-01

    This paper examines Regulatory Regime in Turkey has no general Nuclear Energy Act and apart from legislation to the Turkish Atomic Energy Authority, the applicable law mainly covers protection and the licensing against of nuclear installation. In Addition this paper also contains briefly the major points which have to be taken into consideration and advance in the legal liability insurance of the nuclear power plants

  7. Comparative evaluation of civil liability conventions on radioactive and oil pollution and liability under international law

    International Nuclear Information System (INIS)

    Hoche, A.

    1988-01-01

    In the event of transfrontier radioactive pollution or oil pollution, compensation for damage may be sought under two different liability systems: there is the framework of international law of liability of international persons, and there is the liability regime established by international conventions. The latter system has adopted a very friendly attitude towards the claims of a private victim claiming compensation from the private polluter. The book first sets out the basic principles and practice of the two liability systems, also considering the latest developments and current discussions advocating the acknowledgement of the principle of strict and absolute liability in international law. The relationship of the two systems is the major issue of the book, and the Chernobyl reactor accident has made it a particularly topical issue at that. The problems arising in the wake of this accident have shown the need for clarification in this field. The author suggests as a practical approach a strict separation of the two bases of claims, so that parallel or successive procedure on the level of international law or civil law is possible. Finally the problem of avoiding duplication in the payment of compensation is discussed. (orig./HP) [de

  8. THE UNPREDICTABILITY THEORY AND THE CONTRACTUAL LIABILITY

    Directory of Open Access Journals (Sweden)

    CRISTINA ZAMSA

    2011-04-01

    Full Text Available The purpose of the present study is to establish a relationship between the unpredictability theory and the contractual liability, from both theoretical and practical point of view. Usually, the unpredictability is invoked by way of defense by the debtor, refusing to perform the excessively onerous obligation. However the unpredictability theory shall apply also to the hypothesis of a performed obligation, by way of main action, depending on more factors: the nature of the agreement, investigating the attitude of the party affected by the unpredictability. Observing the conditions and the effects of these two ways of invoking the unpredictability will form the objectives of the present study.The debtor of the excessively onerous, in order to avoid the contractual liability, shall nevertheless perform such obligation, by carrying along some additional costs. If subsequently, the creditor shall refuse to revise the agreement and implicitly, to reimburse the exorbitant costs, the debtor will have to raise the unpredictability by way of action, in order to recover the exorbitant costs in performing the obligation. In such case, the unpredictability is accompanied by another legal issue: the contractual liability of the co-contractor of the party affected by unpredictability.

  9. Lessons learned in planning the Canadian Nuclear Legacy Liabilities Program

    International Nuclear Information System (INIS)

    Stephens, Michael E.; Brooks, Sheila M.; Miller, Joan M.; Mason, Robert A.

    2011-01-01

    In 2006, Atomic Energy of Canada Limited (AECL) and Natural Resources Canada (NRCan) began implementing a $7B CDN, 70-year Nuclear Legacy Liabilities Program (NLLP) to deal with legacy decommissioning and environmental issues at AECL nuclear sites. The objective of the NLLP is to safely and cost-effectively reduce the nuclear legacy liabilities and associated risks based on sound waste management and environmental principles in the best interest of Canadians. The liabilities include shutdown research and prototype power reactors, fuel handling facilities, radiochemical laboratories, support buildings, radioactive waste storage facilities, and contaminated lands at several sites located across eastern Canada from Quebec to Manitoba. The largest site, Chalk River Laboratories (CRL) in Ontario, will continue as an operational nuclear site for the foreseeable future. Planning and delivery of the Program is managed by the Liability Management Unit (LMU), a group that was formed within AECL for the purpose. The composition and progress of the NLLP has been reported in recent conferences. The NLLP comprises a number of interlinked decommissioning, waste management and environmental restoration activities that are being executed at different sites, and by various technical groups as suppliers to the LMU. Many lessons about planning and executing such a large, diverse Program have been learned in planning the initial five-year 'start-up' phase (which will conclude 2011 March), in planning the five-year second phase (which is currently being finalized), and in planning individual and interacting activities within the Program. The activities to be undertaken in the start-up phase were planned by a small group of AECL technical experts using the currently available information on the liabilities. Progress in executing the Program was slower than anticipated due to less than ideal alignment between some planned technical solutions and the actual requirements, as well as the

  10. Superfund record of decision (EPA Region 7): Cherokee County Superfund Site, Cherokee County, KS, July 29, 1996

    Energy Technology Data Exchange (ETDEWEB)

    NONE

    1996-08-01

    The decision document presents the selected remedial action for the mining wastes at Operable Unit No. 07 of the Galena Subsite, which is part of the Cherokee County Superfund Site in Cherokee County, Kansas. The selected remedy includes actions for residential soils impacted by mining wastes and includes: Excavation and disposal of residential soils impacted by mining wastes; Health education for the general community and medical professionals; Institutional controls to guide future development in residential areas impacted by mining wastes; Treatability studies to evaluate the effectiveness of phosphate stabilization as a future alternative; and Operation and maintenance of all remedy aspects including, but not limited to, health education, institutional controls, and long-term monitoring.

  11. Limiting Civil Liability in the Sphere of Business Auditing

    Directory of Open Access Journals (Sweden)

    Carmen COSTULEANU

    2011-09-01

    Full Text Available The statutory audit of business entities is represented by the audit of annual financial accounts or consolidated financial accounts, according to the Community legislation transposed in national regulations. Negligence or imprudence in performing the activities related to this type of audit entail special consequences. It is to some of the elements derived from this context that we refer in this paper, especially as there is often the underlying risk for the auditor to be held liable. It is worth noting that one cannot claim several compensations for the same action. Then, the auditor is not jointly liable with the other authors of the illicit actions which have caused damages. On the other hand, limited liability does not apply to the situations when it has been proven that the auditor has breached his professional duties with direct intent.

  12. Financial considerations regarding environmental liabilities: Acquisitions and divestitures

    International Nuclear Information System (INIS)

    Hanson, B.R.

    1990-01-01

    What position should your company assume in the mining industry? Should your company take a larger or smaller market position? Does it make sense to be acquiring or divesting properties? Should your company be pursuing acquisitions and divestitures simultaneously? The answers to these questions determine in large part what perspective your company will take in assessing and confronting risk of environmental liabilities. From the environmental perspective, serious problems confront the mining industry. Uninformed or misinformed regulators doing a poor job of open-quotes protectingclose quotes the environment continue to plague mining companies at the federal, state and local level. The press and public are routinely ill-informed and often hostile toward mining generally and toward specific projects. The open-quotes not-in-my-backyardclose quotes syndrome continues to haunt projects because every ore-rich plot of land lies in someone's backyard or playground. More profoundly, the industry confronts serious structural impediments caused by media-specific statutes and regulations written with an overriding preference for waste elimination or reduction. Mining and mineral production impact all media and result in an highly integrated project. Despite media-specific statutes and regulations that prefer wastes go anywhere but in their particular media, mine wastes must go somewhere. To its credit, the mining industry has persevered in the face of complex and often conflicting environmental statutes and regulations. The industry has continued to expand or contract in response to market conditions. Companies must continue to pursue acquisitions and divestitures based on their position and goals. This paper addresses financial risks in acquisitions and divestitures and, more importantly, suggests strategies to limit environmental liabilities during acquisitions and divestitures

  13. Revised Paris and Vienna Nuclear Liability Conventions - Challenges for Nuclear Insurers

    International Nuclear Information System (INIS)

    Tetley, M.

    2006-01-01

    The revisions recently implemented to both the Vienna and Paris nuclear liability Conventions are intended to widen significantly the amount and scope of compensation payable in the event of a nuclear accident. Whilst this is a laudable objective, the final extent of the revisions leaves nuclear site operators and their insurers with greater uncertainty as a result of the wider and unquantifiable nature of some aspects of the revised nuclear damage definition, in particular where reference is made to environmental reinstatement and extended prescription periods. Incorporating broader definitions in the Convention revisions will therefore leave gaps in the insurance cover where insurers are unable to insure the new, wider scope of cover. If no insurance is available, then the liability for the revised scope of cover must fall upon either the operator or the national Government. This presentation will give an overview of where and why the major gaps in nuclear liability insurance cover will occur in the revised Conventions; it will also examine the problems in defining the revised scope of cover and will look at where these unquantifiable risks should now reside, to ensure there is equity between the liabilities imposed on the nuclear industry and those imposed on other industrial sectors. (author)

  14. The role of risk assessment in project planning at the Weldon Spring Quarry, Weldon Spring, Missouri

    International Nuclear Information System (INIS)

    Haroun, L.A.; Peterson, J.M.

    1989-01-01

    This paper presents the methodology used to prepare a baseline risk evaluation of the bulk wastes at the quarry. The DOE is proposing to remove these bulk wastes and transport them approximately 6.4 km (4 mi) to a temporary storage facility at the chemical plant area of the Weldon Spring site. The DOE has responsibility for cleanup activities at the Weldon Spring site under its Surplus Facilities Management Program (SFMP). A baseline risk evaluation is an evaluation of the potential impacts on human health and the environment that may result from exposure to releases of contaminants from a site in the absence of site remediation. This evaluation is a key component of the remedial investigation (RI) process, as identified in guidance from the US Environmental Protection Agency (EPA) that addresses sites subject to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986. Response actions at the Weldon Spring quarry are subject to CERCLA requirements because the quarry is listed on the EPA's National Priorities List

  15. Ecological risk assessment guidance for preparation of remedial investigation/feasibility study work plans

    International Nuclear Information System (INIS)

    Pentecost, E.D.; Vinikour, W.S.

    1993-08-01

    This guidance document (1) provides instructions on preparing the components of an ecological work plan to complement the overall site remedial assessment investigation/feasibility study (RI/FS) work plan and (2) directs the user on how to implement ecological tasks identified in the plan. Under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended by the Superfired Amendments and Reauthorization Act of 1986 (SARA), an RI/FS work plan win have to be developed as part of the site-remediation scoping the process. Specific guidance on the RI/FS process and the preparation of work plans has been developed by the US Environmental Protection Agency (EPA 1988a). This document provides guidance to US Department of Energy (DOE) staff and contractor personnel for incorporation of ecological information into environmental remediation planning and decision making at CERCLA sites. An overview analysis of early ecological risk assessment methods (i.e., in the 1980s) at Superfund sites was conducted by the EPA (1989a). That review provided a perspective of attention given to ecological issues in some of the first RI/FS studies. By itself, that reference is of somewhat limited value; it does, however, establish a basis for comparison of past practices in ecological risk with current, more refined methods

  16. Liability for the Payment of Public School Fees

    Directory of Open Access Journals (Sweden)

    M Carnelley

    2011-10-01

    Full Text Available The author highlights some legal issues regarding the liability of parents and other individuals to pay public school fees in the light of recent judicial precedent, specifically Fish Hoek Primary School v GW 2009 JOL 24624 (SCA. The various possible legal bases for the liability for such fees are examined. In this regard the common law duty to maintain as amended by legislation; contractual liability; and the concepts of household necessaries, stipulatio alteri, negotiorum gestio and unjustified enrichment are considered.

  17. Civil liability on nuclear activities; Responsabilidade civil nas atividades nucleares

    Energy Technology Data Exchange (ETDEWEB)

    Bittar, C A

    1983-12-31

    The civil liability theory in the actual context is shown in the first and second part of this thesis, including some considerations about concepts and types of liability in dangerous and not dangerous activities. In the third part, the legal aspects of civil liability for the nuclear activities are analyzed, with a brief description of the history evolution, standard systems, inspection corporation and juridical regulation. (C.G.C.). 239 refs.

  18. The need of the Nuclear Civil Liability Insurance; La necesidad del Seguro de Responsabilidad Civil Nuclear (SRCN)

    Energy Technology Data Exchange (ETDEWEB)

    Gomez del Campo, J.

    2011-07-01

    Nuclear Liability Insurance (NLI), emerged as a safety mechanism and product to respond to a great risk. because of the compulsory nature of international and national regulations, it has become a compulsory contract. Nuclear risk coverage pools are founded as groups of insurers and reinsures, without legal entity, which cooperate and pool their resources to deal with these great risks. In spain Atomic Pool has been renamed ESPANUCLEAR, administered by and Economic Interest Grouping called Nuclear risk Insurers. (Author)

  19. Valuation of Non-Life Liabilities from Claims Triangles

    Directory of Open Access Journals (Sweden)

    Mathias Lindholm

    2017-07-01

    Full Text Available This paper provides a complete program for the valuation of aggregate non-life insurance liability cash flows based on claims triangle data. The valuation is fully consistent with the principle of valuation by considering the costs associated with a transfer of the liability to a so-called reference undertaking subject to capital requirements throughout the runoff of the liability cash flow. The valuation program includes complete details on parameter estimation, bias correction and conservative estimation of the value of the liability under partial information. The latter is based on a new approach to the estimation of mean squared error of claims reserve prediction.

  20. Vicarious liability and criminal prosecutions for regulatory offences.

    Science.gov (United States)

    Freckelton, Ian

    2006-08-01

    The parameters of vicarious liability of corporations for the conduct of their employees, especially in the context of provisions that criminalise breaches of regulatory provisions, are complex. The decision of Bell J in ABC Developmental Learning Centres Pty Ltd v Wallace [2006] VSC 171 raises starkly the potential unfairness of an approach which converts criminal liability of corporations too readily into absolute liability, irrespective of the absence of any form of proven culpability. The author queries whether fault should not be brought back in some form to constitute a determinant of criminal liability for corporations.

  1. Legal liabilities in continuing education: protecting your institution and yourself.

    Science.gov (United States)

    Allington, G H; Cava, A

    1988-01-01

    Continuing medical education (CME) activities conducted by medical schools, institutions, or organizations contain inherent liability potentials that should be recognized. Three major areas for potential liability should be carefully regarded by individuals who supervise, organize, or plan educational programs. These are: 1) contract liability--specifically in contracts with hotels, i.e., cancellation clauses, warranties, and indemnifications; 2) liability for ensuring the health and safety of individuals, i.e., fire, security, hazards, emergency procedures, and alcohol at functions; and 3) appropriate and adequate insurance coverage.

  2. Superfund Technology Evaluation Report: SITE Program Demonstration Test Shirco Pilot-Scale Infrared Incineration System at the Rose Township Demode Road Superfund Site Volume I

    Science.gov (United States)

    The Shirco Pilot-Scale Infrared Incineration System was evaluated during a series of seventeen test runs under varied operating conditions at the Demode Road Superfund Site located in Rose Township, Michigan. The tests sought to demonstrate the effectiveness of the unit and the t...

  3. Lessons learned in planning the Canadian Nuclear Legacy Liabilities Program

    International Nuclear Information System (INIS)

    Stephens, M.; Brooks, S.; Miller, J.; Neal, P.; Mason, R.

    2011-01-01

    In 2006, Atomic Energy of Canada Limited (AECL) and Natural Resources Canada (NRCan) began implementing a $7B CDN, 70-year Nuclear Legacy Liabilities Program (NLLP) to deal with legacy decommissioning and environmental issues at AECL nuclear sites. The objective of the NLLP is to safely and cost-effectively reduce the nuclear legacy liabilities and associated risks based on sound waste management and environmental principles in the best interest of Canadians. The NLLP comprises a number of interlinked decommissioning, waste management and environmental restoration activities that are being executed at different sites by various technical groups. Many lessons about planning and executing such a large, diverse Program have been learned in planning the initial five-year 'start-up' phase (concluded 2011 March), in planning the three-year second phase (currently being commenced), and in planning individual and interacting activities within the Program. The activities to be undertaken in the start-up phase were planned by a small group of AECL technical experts using the currently available information on the liabilities. Several internal and external reviews of the Program during the start-up phase examined progress and identified several improvements to planning. These improvements included strengthening communications among the groups within the Program, conducting more detailed advance planning of the interlinked activities, and being cautious about making detailed commitments for activities for which major decisions had yet to be made. The second phase was planned by a dedicated core team. More and earlier input was solicited from the suppliers than in the planning for the first phase. This was to ensure that the proposed program of work was feasible, and to be able to specify in more detail the resources that would be required to carry it out. The NLLP has developed several processes to assist in the detailed planning of the numerous projects and

  4. Due diligence duties for an environmental liability

    International Nuclear Information System (INIS)

    Huebsch, M.

    2000-04-01

    Jurisdiction turned out well to create a basic ruling for due diligence duties. These due diligence duties are high standards for the law of torts (outside of contracts) within the Austrian civil law and represent a liability-extension for the holder of the source of danger. They establish an action for injunction in particular for preventing (further) damages. Therewith due diligence duties get a general sense in the range of a civil law for environmental liability. The responsible holder of a danger zone will therefore influence his way of acting to protect potential victims and the environment. The burden of proof is on the plaintiff (victims) under the Civil Code. Victims have specific sources of danger including high endangering special facilities in their argumentation with the so-called prima-facie-proof or first-appearance-proof. A turning back of the presentation of evidence to the polluter is wrong. The polluter himself has a continuing liability for dangerous activities and his clerks in the case of an extremely high danger of damage. All due diligence duties can be arranged in three areas: in information-, danger-avoidance- and danger-prevention-duties. The determination of range and essence of the duties has to be adjusted to each individual case. The range of the specific danger area is the essential link. The intensity of due diligence duties is increasing with the size of danger in the way of a movable system depending on the protected interest. Due diligence duties have to be kept within reasonable limits with two criterions: necessarity and demand. Proportionality of actions is a third criterion to avoid exaggeration of due diligence duties to obtain an effective protection for victims including the environment. (author)

  5. Medical liability and health care reform.

    Science.gov (United States)

    Nelson, Leonard J; Morrisey, Michael A; Becker, David J

    2011-01-01

    We examine the impact of the Affordable Care Act (ACA) on medical liability and the controversy over whether federal medical reform including a damages cap could make a useful contribution to health care reform. By providing guaranteed access to health care insurance at community rates, the ACA could reduce the problem of under-compensation resulting from damages caps. However, it may also exacerbate the problem of under-claiming in the malpractice system, thereby reducing incentives to invest in loss prevention activities. Shifting losses from liability insurers to health insurers could further undermine the already weak deterrent effect of the medical liability system. Republicans in Congress and physician groups both pushed for the adoption of a federal damages cap as part of health care reform. Physician support for damages caps could be explained by concerns about the insurance cycle and the consequent instability of the market. Our own study presented here suggests that there is greater insurance market stability in states with caps on non-economic damages. Republicans in Congress argued that the enactment of damages caps would reduce aggregate health care costs. The Congressional Budget Office included savings from reduced health care utilization in its estimates of cost savings that would result from the enactment of a federal damages cap. But notwithstanding recent opinions offered by the CBO, it is not clear that caps will significantly reduce health care costs or that any savings will be passed on to consumers. The ACA included funding for state level demonstration projects for promising reforms such as offer and disclosure and health courts, but at this time the benefits of these reforms are also uncertain. There is a need for further studies on these issues.

  6. The limited liability company in Romania versus the limited liability company in the Republic of Moldova

    Directory of Open Access Journals (Sweden)

    Silvia Lucia CRISTEA

    2013-06-01

    Full Text Available The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.

  7. Negligent Liability Issues Involving Colleges and Students: Does an Ethic of Caring Heighten Institutional Liability?

    Science.gov (United States)

    Beckham, Joseph; Pearson, Douglas

    This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002--addresses the question of how and to what extent institutions of higher learning could be held liable for negligence involving students. The paper is, mainly, a review of recent case law related to the liability of…

  8. The limited liability company in Romania versus the limited liability company in the Republic of Moldova

    OpenAIRE

    Silvia Cristea; Nicoleta Cristina Ifrim

    2013-01-01

    The article presents parallel legislation in Romania and Republic of Moldova, in the matter of Limited Liability Company (LLC) Ltd, aiming to extract similarities and differences to draw reliable conclusions regarding the advantages of setting up this type of company in the two countries.

  9. Harmonisation of Nuclear Liability Regimes in Europe

    International Nuclear Information System (INIS)

    Sladonja, B.

    2000-01-01

    After we have learned about the current discussions concerning the Paris Convention revision exercise and the open matters relating to the liability limits and insurance for nuclear damages, prescription period, definition of nuclear damage etc. and different approaches in some PCC in adopting their legislation as well as about the adoption of the Protocol to Amend the Vienna Convention and Convention on Supplementary Compensation for Nuclear Damage, within the Vienna Convention countries, during the obtained Session 9 of this Conference we will focus our attention on the matters which has been discovered from the moment when the reports has been written till the date of this Conference

  10. Management of nuclear liabilities in Germany

    International Nuclear Information System (INIS)

    Roser, T.

    1995-01-01

    The management of nuclear liabilities in the Federal Republic of Germany is explored in this article. The intermediate storage and final disposal of spent fuels from the country's twenty nuclear power stations is discussed. Flexible solutions to the changing problems of nuclear fuel cycle economics are needed. Financing the back end of the nuclear power station lifetimes is currently underfunded. Monies should be accumulated during the plant's active life. The political, technical, legal and economic aspects of the nuclear industry must also be included. (UK)

  11. 75 FR 16645 - Increase in the Primary Nuclear Liability Insurance Premium

    Science.gov (United States)

    2010-04-02

    ... Primary Nuclear Liability Insurance Premium AGENCY: Nuclear Regulatory Commission. ACTION: Final rule... impractical. The NRC is amending its regulations to increase the primary premium for liability insurance... protection requirements and indemnity agreements to increase the primary nuclear liability insurance layer...

  12. Numerical Assessment of the Influences of Gas Pressure on Coal Burst Liability

    Directory of Open Access Journals (Sweden)

    Haochen Zhao

    2018-01-01

    Full Text Available When coal mines exploit deep seams with high-gas content, risks are encountered due to the additional high likelihood of rock bursting potential problems. The bursts of coal pillars usually lead to severe fatalities, injuries, and destruction of property, including impeding access to active mine workings underground. The danger exists given that conditions in the already highly brittle coal material can be exacerbated by high stress and high gas pressure conditions. It is thus critical to develop methods that improve current understanding about bursting liability, and techniques to forecast or prevent coal bursting in underground coal mines. This study uses field data from a deep coal mine, and numerical modeling to investigate the effects of gas pressure and mechanical compressive stresses on coal bursting liability in high gas content coal seams. The bursting energy index is adopted to determine the coal bursting liability under high gas pressure conditions. The adopted methodology uses a two-staged approach comprising investigating the influence of gas pressure on the bursting liability of coal pillar, and the influence of the gas pressure on the resulting pillar failure mode. Based on numerical simulations of coal pillars, correlations are observed between the magnitudes of gas pressures and the bursting energy index. Irrespective of pillar size, failure time is shortest when the gas pressure achieves a threshold value between 50 kPa to 70 kPa. At 50 kPa, the value of the BEI increases by 50% going from the 4 m pillar to the 6 m pillar. The value of the BEI increases by 43% going from the 6 m high pillar to the 8 m high pillar at 50 kPa. When pillars fail there is a degree of stress relief leading to a reduction in bursting liability. The results suggest that before 50 kPa, pillar failure is largely due to mechanical loading. After 50 kPa, pillar failure is largely due to excessive gas pressures.

  13. Indexing molecules for their hERG liability.

    Science.gov (United States)

    Rayan, Anwar; Falah, Mizied; Raiyn, Jamal; Da'adoosh, Beny; Kadan, Sleman; Zaid, Hilal; Goldblum, Amiram

    2013-07-01

    The human Ether-a-go-go-Related-Gene (hERG) potassium (K(+)) channel is liable to drug-inducing blockage that prolongs the QT interval of the cardiac action potential, triggers arrhythmia and possibly causes sudden cardiac death. Early prediction of drug liability to hERG K(+) channel is therefore highly important and preferably obligatory at earlier stages of any drug discovery process. In vitro assessment of drug binding affinity to hERG K(+) channel involves substantial expenses, time, and labor; and therefore computational models for predicting liabilities of drug candidates for hERG toxicity is of much importance. In the present study, we apply the Iterative Stochastic Elimination (ISE) algorithm to construct a large number of rule-based models (filters) and exploit their combination for developing the concept of hERG Toxicity Index (ETI). ETI estimates the molecular risk to be a blocker of hERG potassium channel. The area under the curve (AUC) of the attained model is 0.94. The averaged ETI of hERG binders, drugs from CMC, clinical-MDDR, endogenous molecules, ACD and ZINC, were found to be 9.17, 2.53, 3.3, -1.98, -2.49 and -3.86 respectively. Applying the proposed hERG Toxicity Index Model on external test set composed of more than 1300 hERG blockers picked from chEMBL shows excellent performance (Matthews Correlation Coefficient of 0.89). The proposed strategy could be implemented for the evaluation of chemicals in the hit/lead optimization stages of the drug discovery process, improve the selection of drug candidates as well as the development of safe pharmaceutical products. Copyright © 2013 Elsevier Masson SAS. All rights reserved.

  14. 78 FR 47317 - Ore Knob Mine Superfund Site; Laurel Springs, Ashe County, North Carolina; Notice of Settlement

    Science.gov (United States)

    2013-08-05

    ... ENVIRONMENTAL PROTECTION AGENCY [FRL-9843-3; CERCLA-04-2013-3759] Ore Knob Mine Superfund Site; Laurel Springs, Ashe County, North Carolina; Notice of Settlement AGENCY: Environmental Protection Agency... settlement with Herbert N. Francis concerning the Ore Knob Mine Superfund Site located in Laurel Springs...

  15. Case history: Vertical barrier wall system for Superfund Site

    International Nuclear Information System (INIS)

    Koelling, M.A.; Kovac, C.P.; Norris, J.E.

    1997-01-01

    Design considerations and construction aspects are presented for the installation of a vertical barrier wall system for the Boeing Company at a Superfund Site near Seattle, WA. The construction was performed during 1996. The vertical barrier wall system included: (1) a soil-bentonite (SB) slurry wall, approximately 670 meters (2200 feet) in length, ranging from 12 to 21 meters (40 to 70 feet) in depth; (2) expansion of a cover system over the area enclosed by the SB wall; and (3) surface drainage improvements. Design and construction of the system addressed requirements of a Consent Decree for the site issued in 1993. The paper discusses the development of the design to meet remedial performance goals of preventing migration of contaminants in the soil/groundwater system and aiding aquifer restoration. Secondly, the paper details installation of the SB wall, highlighting the more significant construction issues, which included excavation of the wall through glacially deposited cobbles/boulders/till as well as addressing the severe elevation changes along the wall alignment. Thirdly, the paper presents Quality Assurance (QA) monitoring and testing performed during the construction phase

  16. Estimating remediation costs for the Montclair radium superfund sites

    International Nuclear Information System (INIS)

    Turner, M.J.

    1995-01-01

    The Montclair/West Orange and Glen Ridge Superfund Sites, located in Essex County, NJ, are contaminated to varying degrees with radioactive materials. The waste originated from radium processing facilities prevalent in the area during the early 1900s. The design for remediation of these sites is managed by Bechtel National, Inc. on behalf of the United States Army Corps of Engineers, Kansas City District, which administers the project through an interagency agreement with the US Environmental Protection Agency (EPA). Design efforts for the project began in 1990. A portion of the scope, which is the topic of this article, was preparing the remediation costs estimates. These estimates were to be prepared from the detailed design packages; the Corps of Engineers required that the estimates were prepared using the Micro Computer-Aided Cost Estimating System (MCACES). This article discusses the design methods used, provides an overview of MCACES, and discusses the structure and preparation of the cost estimate and its uses. However, the main focus of the article is the methods used to generate the required project-specific cost estimate format for this project. 6 figs

  17. Managing environmental liabilities at manufactured gas sites

    International Nuclear Information System (INIS)

    Koch, G.S.; Ammann, P.R.; Kolbe, A.L.

    1994-01-01

    Many gas and electric utilities have inherited environmental liabilities from some of the more than 1,500 former manufactured gas plants (MGPs) which supplied a major source of energy in the US from the early 1800s to the mid 1900s. Common materials found at these sites include coal and oil tars, tar/water emulsions, sludges, spent oxides (including cyanide compounds), lampblack, ash, and clinker. There are several issues related to the cleanup of these former MGP sites that benefit from strategic management. First, utilities faced with near-term decisions can carefully analyze and document the value and impact of alternative strategies under various uncontrollable ''future states of the world'', expanding the analysis to review the more global, long-term impacts of near-term decisions, while at the same time creating the necessary documentation in case prudence becomes an issue in the future. Second, throughout the site assessment and remedial process, utilities can employ decision analytic tools to map out possible remediation, cost recovery, and litigation strategies as well as their potential costs, thus providing early information to focus management attention and expenditures on areas with the highest benefit. Third, in many states, utilities are and will be involved in rate hearings concerning the recovery of environmental costs, requiring attention to questions concerning who should pay--the ratepayer or the shareholder. This paper describes analytical tools and economic arguments that have been sued by several utilities to address management of these environmental liabilities

  18. 7 CFR 1767.19 - Liabilities and other credits.

    Science.gov (United States)

    2010-01-01

    ... this section shall be used by all RUS borrowers. Liabilities and Other Credits Margins and Equities... Income Taxes—Other Liabilities and Other Credits Margins and Equities 200Memberships A. This account... conformance with the bylaws of the cooperative. 219Other Margins and Equities A. This account shall include...

  19. 33 CFR 153.405 - Liability to the pollution fund.

    Science.gov (United States)

    2010-07-01

    ... 33 Navigation and Navigable Waters 2 2010-07-01 2010-07-01 false Liability to the pollution fund... (CONTINUED) POLLUTION CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES, DISCHARGE REMOVAL Administration of the Pollution Fund § 153.405 Liability to the pollution fund. The owner or operator of the vessel...

  20. Torts Liability for Strike Action and Third Party Rights.

    Science.gov (United States)

    Raday, Frances

    1979-01-01

    Studies the nature of the torts liability incurred in strikes and the extent of existing immunities bestowed on strikers and their organizers, and explores the principles that should govern liability and immunity. Available from Israel Law Review Association, c/o Faculty of Law, Hebrew University of Jerusalem, Mount Scopus, P.O.B. 24100, Jerusalem…

  1. 17 CFR 256.242 - Miscellaneous current and accrued liabilities.

    Science.gov (United States)

    2010-04-01

    ... COMMISSION (CONTINUED) UNIFORM SYSTEM OF ACCOUNTS FOR MUTUAL SERVICE COMPANIES AND SUBSIDIARY SERVICE COMPANIES, PUBLIC UTILITY HOLDING COMPANY ACT OF 1935 7. Current and Accrued Liabilities § 256.242... as to show the nature of each liability included herein. 8. deferred credits ...

  2. Optimal Joint Liability Lending and with Costly Peer Monitoring

    NARCIS (Netherlands)

    Carli, Francesco; Uras, R.B.

    2014-01-01

    This paper characterizes an optimal group loan contract with costly peer monitoring. Using a fairly standard moral hazard framework, we show that the optimal group lending contract could exhibit a joint-liability scheme. However, optimality of joint-liability requires the involvement of a group

  3. 29 CFR 4043.32 - Transfer of benefit liabilities.

    Science.gov (United States)

    2010-07-01

    ... the value of the assets being transferred— (i) Equals the present value of the accrued benefits... actuarial assumptions used in determining the value of benefit liabilities (and, if appropriate, the value... 29 Labor 9 2010-07-01 2010-07-01 false Transfer of benefit liabilities. 4043.32 Section 4043.32...

  4. 27 CFR 479.31 - Liability for tax.

    Science.gov (United States)

    2010-04-01

    ... 27 Alcohol, Tobacco Products and Firearms 3 2010-04-01 2010-04-01 false Liability for tax. 479.31... OTHER FIREARMS Special (Occupational) Taxes § 479.31 Liability for tax. (a) General. Every person who... United States shall pay a special (occupational) tax at a rate specified by § 479.32. The tax shall be...

  5. 75 FR 1735 - Section 3504 Agent Employment Tax Liability

    Science.gov (United States)

    2010-01-13

    ... Section 3504 Agent Employment Tax Liability AGENCY: Internal Revenue Service (IRS), Treasury. ACTION... employment tax liability of agents authorized by the Secretary under section 3504 of the Internal Revenue Code (Code) to perform acts required of employers with respect to taxes under the Federal Unemployment...

  6. 7 CFR 760.113 - Refunds; joint and several liability.

    Science.gov (United States)

    2010-01-01

    ... 7 Agriculture 7 2010-01-01 2010-01-01 false Refunds; joint and several liability. 760.113 Section... Agricultural Disaster Assistance Programs § 760.113 Refunds; joint and several liability. (a) In the event that... provided that interest will in all cases run from the date of the original disbursement. (b) All persons...

  7. Product Liability: A Neo-Austrian Based Perspective

    NARCIS (Netherlands)

    Folmer, H.; Heijman, W.J.M.; Leen, A.R.

    2002-01-01

    The paper is an exercise in a neo-Austrian based economic analysis of product liability. After a short historical introduction, we take two of the basic premises of Austrian economic thought and see which system of product liability results. If costs are subjective and entrepreneurship is the

  8. 31 CFR 315.56 - General instructions and liability.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false General instructions and liability. 315.56 Section 315.56 Money and Finance: Treasury Regulations Relating to Money and Finance (Continued... and, where one is available, a corporate stamp or issuing or paying agent's stamp. (b) Liability. The...

  9. 42 CFR 455.202 - Limitation on contractor liability.

    Science.gov (United States)

    2010-10-01

    ... 42 Public Health 4 2010-10-01 2010-10-01 false Limitation on contractor liability. 455.202 Section... § 455.202 Limitation on contractor liability. (a) A program contractor, a person, or an entity employed... contractor will not be held to have violated any criminal law and will not be held liable in any civil action...

  10. 31 CFR 321.15 - Liability for losses.

    Science.gov (United States)

    2010-07-01

    ... 31 Money and Finance: Treasury 2 2010-07-01 2010-07-01 false Liability for losses. 321.15 Section... INSTITUTIONS OF UNITED STATES SAVINGS BONDS AND UNITED STATES SAVINGS NOTES (FREEDOM SHARES) Losses Resulting From Erroneous Payments § 321.15 Liability for losses. Under the governing statute, as amended (31 U.S...

  11. "Contributory intent" as a defence limiting delictual liability | Ahmed ...

    African Journals Online (AJOL)

    In terms of delictual liability, the term "fault" generally refers to the defendant's conduct, whereas "contributory fault" refers to the plaintiff's conduct. "Contributory intent" is a form of "contributory fault" and may apply as a defence limiting delictual liability within the ambit of the Apportionment of Damages Act 34 of 1956 ...

  12. Nuclear Liability Legislation in the Republic of Croatia

    International Nuclear Information System (INIS)

    Sladonja, B.

    1998-01-01

    This paper contains a basic data about the legislation referring to third party liability for nuclear damage in Croatia. It also, gives some drafting provisions in the Croatian Nuclear Liability Act, but only those which implements a substantial changes compared to the Act currently in force. (author)

  13. The claims handling process of liability insurance in South Africa

    Directory of Open Access Journals (Sweden)

    Jacoline van Jaarsveld

    2015-04-01

    Full Text Available Liabilities play a very important financial role in business operations, professional service providers as well as in the personal lives of people. It is possible that a single claim may even lead to the bankruptcy of the defendant. The claims handling process of liability insurance by short-term insurers is therefore very important to these parties as it should be clear that liability claims may have enormous and far-reaching financial implications for them. The objective of this research paper embodies the improvement of financial decision-making by short-term insurers with regard to the claims handling process of liability insurance. Secondary data was initially studied which provided the basis to compile a questionnaire for the empirical survey. The leaders of liability insurance in the South African short-term insurance market that represented 69.5% of the annual gross written premiums received for liability insurance in South Africa were the respondents of the empirical study. The perceptions of these short-term insurers provided the primary data for the vital conclusions of this research. This paper pays special attention to the importance of the claims handling factors of liability insurance, how often the stipulations of liability insurance policies are adjusted by the short-term insurers to take the claims handling factors into consideration, as well as the problem areas which short-term insurers may experience during the claims handling process. Feasible solutions to address the problem areas are also discussed.

  14. Sub-seabed burial of radioactive waste and liabilities

    International Nuclear Information System (INIS)

    Reyners, Patrick.

    1982-10-01

    The author of this report discusses the problems raised by application of the special third party liability system to damage which may result from embedding radioactive waste in the sub-seabed. The matter of general liability of the State for nuclear damage caused to the environment is also dealt with in this paper. (NEA) [fr

  15. Liabilities in E and P contracts; Responsabilidade civil na prestacao de servicos nos contratos de E e P

    Energy Technology Data Exchange (ETDEWEB)

    Gondinho, Andre Osorio [Escritorio Doria, Jacobina, Rosado e Gondinho Advogados Associados, Rio de Janeiro, RJ (Brazil)

    2008-07-01

    The purpose of this article is to debate legal controversies and propose solutions to issues related to the civil liability (contractual and extra-contractual) in the rendering of services in Exploration and Production (E and P) contracts, aiming at minimizing risks and reducing excessive costs for the concessionaires and service providers in the Brazilian Oil and Gas Industry. (author)

  16. A review on liability in case of nuclear accident

    International Nuclear Information System (INIS)

    Gallage-Alwis, Sylvie; Faron, Pauline

    2013-01-01

    After having evoked assessments of the cost of a nuclear accident in France and of that of damages caused by the Fukushima accident, the authors propose an overview of the issue of liability of companies involved in the operation of a nuclear power plant. They outline that this regime is mainly governed by two international conventions: the Paris Convention on third party liability in the field of nuclear energy, and the Brussels Convention. The first one bears on the liability of nuclear installation operators, while the second one aims at ensuring an additional compensation of casualties on public funds. They also evoke the Vienna Convention which aims at defining a world regime for nuclear liability. They outline the limited scope of application of the Paris Convention, and the limitation of compensations. They discuss the liability of companies others than those operating nuclear installations

  17. Explaining probalistic risk assessment in common language

    International Nuclear Information System (INIS)

    Wong, J.W.

    1994-01-01

    Probabilistic human health risk assessment is explained in ordinary language using a hypothetical example and the ingestion equation from EPA's Risk Assessment Guidance for Superfund. A section on understanding probabilities and probability distributions used in a Monte Carlo simulation is included as well as an appendix showing the computer run and the technical assumptions behind it

  18. Third party liability of nuclear installation decommissioning with Russian nuclear submarines as an example: insurance versus technologies

    Energy Technology Data Exchange (ETDEWEB)

    Gavrilov, S.D. [PREKSAT Ltd., Moscow (Russian Federation); Derevyankin, A.A. [Reseaarch and Development Institute of Nuclear Power Engineering, Moscow (Russian Federation); Khamyanov, L.P. [All-Russian Research Institute on NPP Operation, Moscow (Russian Federation); Kovalenko, V.N. [Ministry for Nuclear Energy Of Russian, Moscow (Russian Federation); Kovalivich, O.M. [Research and Technological Center for Nuclear and Radiation Safety of Supervisory, Nuclear Energy State Commitee of Russia, Moscow (Russian Federation); Smirnov, P.L. [Nuclear Safety Institute of Russian Academy of Sciences, Moscow (Russian Federation)

    2001-07-01

    Third party and environment of civil liability damage caused by incidents at military nuclear installations, for instance at decommissioned NPS (nuclear powered submarines), may be divided into three main trends: -) Liability of NPS without high-enriched irradiated nuclear fuel (SNF) for its self-submersion (radiation incident); -) Liability of NPS with SNF aboard for its self-submersion (radiation incident); and -) Liability of floating NPS for its SNF discharge (nuclear accident). Without step-by-step transition from the Russian Federation guaranties to insurance and making allowance for liability limits according to the Vienna Convention approach, the sizes of the financial guarantee for the civil liability of the NPS owner (Russian state), in US dollars of 2000, are approximately assessed as the following: -) storing decommissioned NPS or a floating module without SNF - from 12 to 25 thousand dollars per year (per one submarine or module); -) storing decommissioned NPS with SNF inside reactors cores - from 25 to 40 thousand dollars per year; -) assembly-by-assembly removing SNF from reactors' core of decommissioned NPS - up to 1.5 million dollars for undamaged reactor per the discharging period; -) SNF removing within reactor using the filled in-space reactor's core by liquid-phased hardened or dispersed solid-phase materials from decommissioned NPS - from 30 to 50 thousand dollars for undamaged reactor per the discharging period. Both rates and sums for NPS with damaged reactors are to be estimated for the each damaged reactor and NPS at all. It is necessary to perform the measures reducing the risk of nuclear accidents of NPS with undamaged SNF and NPS with damaged reactors in possibly short time. It will allow not only to cut risks by ten times and more, but also to accumulate necessary insurance reserves faster. These measures can be partially or completely executed using the preventing measures reserves assigned to all decommissioned Russian NPS

  19. Third party liability of nuclear installation decommissioning with Russian nuclear submarines as an example: insurance versus technologies

    International Nuclear Information System (INIS)

    Gavrilov, S.D.; Derevyankin, A.A.; Khamyanov, L.P.; Kovalenko, V.N.; Kovalivich, O.M.; Smirnov, P.L.

    2001-01-01

    Third party and environment of civil liability damage caused by incidents at military nuclear installations, for instance at decommissioned NPS (nuclear powered submarines), may be divided into three main trends: -) Liability of NPS without high-enriched irradiated nuclear fuel (SNF) for its self-submersion (radiation incident); -) Liability of NPS with SNF aboard for its self-submersion (radiation incident); and -) Liability of floating NPS for its SNF discharge (nuclear accident). Without step-by-step transition from the Russian Federation guaranties to insurance and making allowance for liability limits according to the Vienna Convention approach, the sizes of the financial guarantee for the civil liability of the NPS owner (Russian state), in US dollars of 2000, are approximately assessed as the following: -) storing decommissioned NPS or a floating module without SNF - from 12 to 25 thousand dollars per year (per one submarine or module); -) storing decommissioned NPS with SNF inside reactors cores - from 25 to 40 thousand dollars per year; -) assembly-by-assembly removing SNF from reactors' core of decommissioned NPS - up to 1.5 million dollars for undamaged reactor per the discharging period; -) SNF removing within reactor using the filled in-space reactor's core by liquid-phased hardened or dispersed solid-phase materials from decommissioned NPS - from 30 to 50 thousand dollars for undamaged reactor per the discharging period. Both rates and sums for NPS with damaged reactors are to be estimated for the each damaged reactor and NPS at all. It is necessary to perform the measures reducing the risk of nuclear accidents of NPS with undamaged SNF and NPS with damaged reactors in possibly short time. It will allow not only to cut risks by ten times and more, but also to accumulate necessary insurance reserves faster. These measures can be partially or completely executed using the preventing measures reserves assigned to all decommissioned Russian NPS and

  20. Conference on abuse liability and appeal of tobacco products: conclusions and recommendations.

    Science.gov (United States)

    Henningfield, Jack E; Hatsukami, Dorothy K; Zeller, Mitch; Peters, Ellen

    2011-07-01

    The rate of initiation and progression to dependence and premature mortality are higher for tobacco products than for any other dependence producing substance. This is not explained simply by the addictiveness ("abuse liability") or by enticing product designs ("product appeal") alone, but rather by both of these factors in combination with marketing and social influences that also influence "product appeal". A working meeting of leading experts in abuse liability (AL) and product appeal was convened to examine how these disciplines could be more effectively applied to the evaluation of tobacco products for the purposes of regulation that would include setting standards for designs and contents intended to reduce the risk of initiation and dependence. It was concluded that abuse liability assessment (ALA) is a validated approach to testing pharmaceutical products but has not been extensively applied to tobacco products: such application has demonstrated feasibility, but special challenges include the diverse range of products, product complexity, and the absence of satisfactory placebo products. Consumer testing for product appeal is widely used by consumer product marketers as well as by researchers in their efforts to understand consumer product preferences and use but has not been extensively applied to tobacco products except by the tobacco industry. Recommendations for testing, methods development, and research were developed. A major recommendation was that tobacco products should be tested for AL and product appeal, and the results integrated and evaluated so as to more accurately predict risk of initiation, dependence, and persistence of use. Copyright © 2011 Elsevier Ireland Ltd. All rights reserved.

  1. Legislative Study on China’s Compensation for Nuclear Damage Liability

    Directory of Open Access Journals (Sweden)

    Jiu Liu

    2018-06-01

    Full Text Available The civil nuclear industry plays an important role in improving environmental quality and safeguarding energy security in China. Nevertheless, the industry is facing a huge risk of nuclear accident damage. The legal system of nuclear damage compensation is of vital importance for the industry to address potential risks. The Nuclear Safety Law, which has recently been published in China, stipulates two articles about nuclear damage compensation in principle. However, in general, the current nuclear damage compensation legal system in China has not yet been made systematic and there are still problems, such as a lack of maneuverability and details. This paper adopts qualitative and quantitative methodologies to summarize and analyze the current legislation and regulation pertaining to civil nuclear damage compensation liability in China and analyzes the shortages and deficiencies of these rules in detail by using legal analysis methods. Suggestions to establish and perfect China’s legal system of nuclear damage compensation are proposed to safeguard the healthy development of the civil nuclear industry and remedy damages brought about by nuclear accidents. Such a legal system should contain the elements of clear legislative goals and objectives, a specific definition and scope of nuclear damage, strict and sole responsibility principles for operators, an appropriate liability amount, a stable financial guarantee for operators, and national supplementary liability.

  2. A proposal for limited criminal liability in high-accuracy endoscopic sinus surgery.

    Science.gov (United States)

    Voultsos, P; Casini, M; Ricci, G; Tambone, V; Midolo, E; Spagnolo, A G

    2017-02-01

    The aim of the present study is to propose legal reform limiting surgeons' criminal liability in high-accuracy and high-risk surgery such as endoscopic sinus surgery (ESS). The study includes a review of the medical literature, focusing on identifying and examining reasons why ESS carries a very high risk of serious complications related to inaccurate surgical manoeuvers and reviewing British and Italian legal theory and case-law on medical negligence, especially with regard to Italian Law 189/2012 (so called "Balduzzi" Law). It was found that serious complications due to inaccurate surgical manoeuvers may occur in ESS regardless of the skill, experience and prudence/diligence of the surgeon. Subjectivity should be essential to medical negligence, especially regarding high-accuracy surgery. Italian Law 189/2012 represents a good basis for the limitation of criminal liability resulting from inaccurate manoeuvres in high-accuracy surgery such as ESS. It is concluded that ESS surgeons should be relieved of criminal liability in cases of simple/ordinary negligence where guidelines have been observed. © Copyright by Società Italiana di Otorinolaringologia e Chirurgia Cervico-Facciale, Rome, Italy.

  3. The Difference GAP – The Main Instrument Used in the Management of Banking Assets and Liabilities

    Directory of Open Access Journals (Sweden)

    Luminita Gabriela Istrate

    2016-01-01

    Full Text Available The analysis of the difference GAP is the main instrument used to manage bank assets and liabilities, to administer the net interest from income and to protect it against interest rate risk and to manage cash flow in the short term. The information obtained from the analysis shall be used either to protect the net income from interest compared to the interest rate change by adjusting the sensitive assets / liabilities or to amend by means of the speculative operations the dimension of the difference GAP, while trying to increase the net income from interest. This is done by means of the speculative use of changes in interest rates which implies an interest rate forecast as close as possible to the market.

  4. Federal Act of 29 April 1964 on Liability for Nuclear Damage (Atomic Liability Act)

    International Nuclear Information System (INIS)

    Under this Act, the operator of a nuclear installation is liable for any nuclear incident occurring in such installation or which is caused by nuclear substances in his charge. If an incident is caused by a radioisotope, the person in possession of the radioisotope at the time of the incident is liable therefore. When an incident occurs during transport of nuclear substances, the carrier is liable in three cases only: when such substances are neither despatched to nor originating from installations on Austrian territory; when they are despatched without the written consent of the Austrian operator who is to receive them; and when they are not destined for a nuclear installation. Other provisions of the Act fix liability ceilings, a basis for apportionment of compensation when several victims are involved and the amount of security for coverage of the operators liability. The Act came into force on 1 September 1964. (NEA) [fr

  5. CORPORATION CRIME LIABILITY OF PERSPECTIVE PENAL REFORM

    Directory of Open Access Journals (Sweden)

    Abdul Salam Siku

    2013-07-01

    Full Text Available The setting of the responsibility criminal against corporations in Indonesia starting from the inception of the emergency law number 7 of 1955 on Economic Crime, then followed by some of the last act is Act No. 8 of 2010 on prevention and eradication of the crime of money laundering. In the framework of the renewal of national criminal law and the draft law on The Criminal law (Criminal Code systematically have set the criminal liability of corporations, whether incorporated corporation law and Corporation who is not a legal entity. Although there have been laws governing corporate crime responsibility about but are still have problems in its application. It can be seen from the lack of a corporate criminal sentenced by the Court.

  6. Civil liability and nuclear coverage: synthesis report

    International Nuclear Information System (INIS)

    1995-01-01

    The report has been written considering the advanced work which has been done by the Expert Committee, sponsored by the International Atomic Energy Agency (IAEA), Vienna, having the purpose to examine the modifications issued in course of Vienna Convention as well as the Paris convention and the complementary Brussels Convention, in view to adapt the legislation to the actual context and to answer the populations expectations. The work has been organized in three majors chapters: the first one in concerned to the damage definition, proposition to the to reach the environment, the prevention and charges. the research and military installations are also considered. The second chapter has been dedicated to the civil responsibility, its limits, financing modes, the national and international legal competence besides the litigation charges due to the nuclear accidents born on the occasion. In the third chapter the insurance considering the damage nature, the capacity to assure liability coverage and the damage management are harmonized

  7. Problems of Liability Insurance of House Developers

    Directory of Open Access Journals (Sweden)

    Ionina M. B.

    2014-10-01

    Full Text Available The article deals with the problems of liability insurance of the people who build houses on their own, in connection with the entry into force in January 1, 2014 of the Amendments to the Law № 214-FZ of 30.12.2004 "On Participation in the shared construction of multi apartment buildings and other real estate objects and on Amendments to certain legislative acts of the Russian Federation. The author analyzes all the alternative designs for developers concerning their responsibility to shareholders, paying attention to the problems which have the persons interested in this matter. Besides, one can mention a number of issues not regulated enough by changes in legislation

  8. Liability of Foreignness in Historical Context

    DEFF Research Database (Denmark)

    Lubinski, Christina

    2014-01-01

    vis-à-vis local firms and raise doubts about the assumption that more distance necessarily translates into higher costs. This article adds to this criticism with a historical analysis of German multinational enterprises in preindependence India. The case proves (1) the relevance of specific......Much of international business literature has dealt with the costs of engaging in business abroad. Recently, several authors have called into question the basic assumptions of the “liability of foreignness” argument. They plead for a more nuanced look at nationality beyond the dichotomy of foreign...... with nationality are, thus making a thorough historical analysis of commercial, political, and cultural links between host and home country indispensable....

  9. The law concerning liability for nuclear damage

    International Nuclear Information System (INIS)

    Kinouchi, Kazuo

    1978-01-01

    This treatise outlines the Law on Compensation for Nuclear Damage (Law No. 147, June 17, 1961) and the Law on Indemnity Agreement for Compensation of Nuclear Damage (Law, No. 148, June 17, 1961) which are both came into effect in March, 1962, and describes how these laws will be executed if an accident occurs actually in nuclear facilities. The first law which prescribes various provisions for compensation of nuclear damage is characterised as having the principle of no-fault liability and hence making a nuclear enterpriser responsible for securing adequate financial resources to indemnify general public for their damages from nuclear accidents. Thus, in compliance with the law a nuclear enterpriser should effect both the contract of the indemnity responsible insurance and the indemnity agreement for compensation of nuclear damage. The second law deals with the indemnity agreement which is concluded by a nuclear enterpriser with the government and constitutes a full measure for compensation of nuclear damage supplementing the indemnity responsible insurance. The indemnity agreement is to insure compensation liabilities for nuclear damages which the indemnity responsible insurance can not cover-that is, damages caused by earthquakes and volcanic eruptions, and also damages from normal operations of nuclear facilities and those occurs after 10 years of an accident. Then, the author describes in detail how these laws apply in a nuclear accident to damages to third parties and those to facilities of related nuclear enterpriser himself and to his employees. Finally, the author refers to the legal systems for compensation of nuclear damage in the United States, Britain, France and West Germany. (Matsushima, A.)

  10. Phase I Source Investigation, Heckathorn Superfund Site, Richmond, California

    Energy Technology Data Exchange (ETDEWEB)

    Kohn, Nancy P; Evans, Nathan R

    2002-12-18

    This report represents Phase I of a multi-phase approach to a source investigation of DDT at the Heckathorn Superfund Site, Richmond, California, the former site of a pesticide packaging plant, and the adjacent waterway, the Lauritzen Channel. Potential identified sources of contamination were from sloughed material from undredged areas (such as side banks) and from outfall pipes. Objectives of Phase I included the (1) evaluation of pesticide concentrations associated with discharge from outfalls, (2) identification of additional outfalls in the area, (3) identification of type, quantity, and distribution of sediment under the Levin pier, (4) quantification of pesticide concentrations in sediment under the pier, and (5) evaluation of sediment structure and slope stability under the pier. Field operations included the collection of sediment directly from inside the mouths of outfall pipes, when possible, or the deployment of specially designed particle traps where direct sampling was problematic. Passive water samplers were placed at the end of known outfall pipes and analyzed for DDT and other pesticides of concern. Underwater dive surveys were conducted beneath the Levin pier to document type, slope, and thickness of sediment. Samples were collected at locations of interest and analyzed for contaminants. Also sampled was soil from bank areas, which were suspected of potentially contributing to continued DDT contamination of the Lauritzen Channel through erosion and groundwater leaching. The Phase I Source Investigation was successful in identifying significant sources of DDT contamination to Lauritzen Channel sediment. Undredged sediment beneath the Levin pier that has been redistributed to the channel is a likely source. Two outfalls tested bear further investigation. Not as well-defined are the contributions of bank erosional material and groundwater leaching. Subsequent investigations will be based on the results of this first phase.

  11. The 1968 Brussels convention and liability for nuclear damage

    International Nuclear Information System (INIS)

    Sands, Ph.; Galizzi, P.

    2000-01-01

    The legal regime governing civil liability for transboundary nuclear damage is expressly addressed by two instruments adopted in the 1960's: the 1960 Paris Convention on Third Party Liability in the Field of Nuclear Energy and the 1963 Vienna Convention on Civil Liability for Nuclear Damage These establish particular rules governing the jurisdiction of national courts and other matters, including channelling of liability to nuclear operators, definitions of nuclear damage, the applicable standard of care, and limitations on liability. Another instrument - the 1968 Brussels Convention on Jurisdiction and the Enforcement of Judgements in Civil and Commercial Matters (hereinafter referred to as 'the Brussels Convention') - which is not often mentioned in the nuclear context will nevertheless also be applicable in certain cases. It is premised upon different rules as to forum and applicable law, and presents an alternate vision of the appropriate arrangements governing civil liability for nuclear damage. In this paper we consider the relative merits and demerits of the Brussels Convention from the perspective of non-nuclear states which might suffer damage as a result of a nuclear accident in another state. We conclude that in the context of the applicability of the Brussels Convention the dedicated nuclear liability conventions present few attractions to non-nuclear states in Europe. We focus in particular on issues relating to jurisdiction and applicable law, and do so by reference to a hypothetical accident in the United Kingdom which has transboundary effects in Ireland. (author)

  12. Decree of 28 December 1965, Stb. 647, in implementation of Section 2 of the Act of 27 October 1965, Stb 546, on Third Party Liability in the Field of Nuclear Energy

    International Nuclear Information System (INIS)

    1965-01-01

    This Decree excludes from the scope of application of the Nuclear Incidents (Third Party Liability) Act, small quantities of nuclear substances during transport in view of the small extent of the risk involved. (NEA) [fr

  13. Genetic liability to disability pension in women and men: a prospective population-based twin study.

    Directory of Open Access Journals (Sweden)

    Jurgita Narusyte

    Full Text Available BACKGROUND: Previous studies of risk factors for disability pension (DP have mainly focused on psychosocial, or environmental, factors, while the relative importance of genetic effects has been less studied. Sex differences in biological mechanisms have not been investigated at all. METHODS: The study sample included 46,454 Swedish twins, consisting of 23,227 complete twin pairs, born 1928-1958, who were followed during 1993-2008. Data on DP, including diagnoses, were obtained from the National Social Insurance Agency. Within-pair similarity in liability to DP was assessed by calculating intraclass correlations. Genetic and environmental influences on liability to DP were estimated by applying discrete-time frailty modeling. RESULTS: During follow-up, 7,669 individuals were granted DP (18.8% women and 14.1% men. Intraclass correlations were generally higher in MZ pairs than DZ pairs, while DZ same-sexed pairs were more similar than opposite-sexed pairs. The best-fitting model indicated that genetic factors contributed 49% (95% CI: 39-59 to the variance in DP due to mental diagnoses, 35% (95% CI: 29-41 due to musculoskeletal diagnoses, and 27% (95% CI: 20-33 due to all other diagnoses. In both sexes, genetic effects common to all ages explained one-third, whereas age-specific factors almost two-thirds, of the total variance in liability to DP irrespective of diagnosis. Sex differences in liability to DP were indicated, in that partly different sets of genes were found to operate in women and men, even though the magnitude of genetic variance explained was equal for both sexes. CONCLUSIONS: The findings of the study suggest that genetic effects are important for liability to DP due to different diagnoses. Moreover, genetic contributions to liability to DP tend to differ between women and men, even though the overall relative contribution of genetic influences does not differ by sex. Hence, the pathways leading to DP might differ between women and

  14. Civil liability related to imaging exams in Brazil

    OpenAIRE

    Fontana, Mathias Pante; Liedke, Gabriela Salatino; Fontoura, Helena da Silveira; Silveira, Heraldo Luis Dias da; Silveira, Heloísa Emilia Dias da

    2015-01-01

    Aim: To analyze all court lawsuits in Brazil in relation to civil liability involving radiographic and tomographic images up to February 2014. Methods: All Brazilian courts were surveyed for “civil liability,” “error,” “radiology,” “radiography,” and “tomography,” returning 3923 second-instance lawsuits. Out of them were excluded labor legislation, health insurance coverage of radiological examinations, and criminal liability cases and 359 were selected. Compliance with expert reports, involv...

  15. Catastrophic events leading to de facto limits on liability

    International Nuclear Information System (INIS)

    Solomon, K.A.; Okrent, D.

    1977-05-01

    This study conducts an overview of large technological systems in society to ascertain prevalence, if any, of situations that can lead to catastrophic effects where the resultant liabilities far exceed the insurances or assets subject to suit in court, thereby imposing de facto limits on liability. Several potential situations are examined: dam rupture, aircraft crash into a sports stadium, chemical plant accident, shipping disaster, and a toxic drug disaster. All of these events are estimated to have probabilities per year similar to or larger than a major nuclear accident and they are found to involve potential liability far exceeding the available resources, such as insurance, corporation assets, or government revenues

  16. The French regime of civil liability for nuclear

    International Nuclear Information System (INIS)

    Leger, Marc

    2013-01-01

    As civil liability for nuclear is a matter of discussion and initiatives at the European and international levels, the author proposes an overview of the legal framework of the French regime of civil liability for nuclear which is a combination of two international treaties (Paris and Brussels conventions) and a national arrangement (a 1968 law). He presents and comments the main characteristics of this regime (geographical scope of application, concerned activities, excluded events, covered damages, principles regarding operator's liability) and the improvements brought by Paris and Brussels convention review protocols

  17. Strengthening Canada's nuclear liability regime

    International Nuclear Information System (INIS)

    McCauley, D.; Henault, J.

    2014-01-01

    On January 30, 2014, a Bill entitled the Energy Safety and Security Act, was introduced in Parliament that, among other things, would strengthen Canada's nuclear civil liability legislation by replacing the current Nuclear Liability Act. The proposed legislation also includes implementing provisions that would permit Canada to join the International Atomic Energy Agency's Convention on Supplementary Compensation for Nuclear Damage. This paper will discuss the importance of a comprehensive civil liability regime for nuclear damage to a country's legislative framework for nuclear development and will present the key elements of Canada's new legislation and the policy considerations behind them. (author))

  18. Liability aspects of home energy-rating systems

    Energy Technology Data Exchange (ETDEWEB)

    Hendrickson, P.L.

    1983-10-01

    Liability aspects of home energy rating systems are discussed. An introduction to the rating system concept, including types of rating systems, implementation efforts to date, and possible groups to conduct ratings, is also included. The home energy rating system concept involves the periodic rating of the energy efficiency of residential buildings. The rating can provide a relative indication of a home's energy efficiency and also a quantitative estimate of consumption, fuel cost, or both. Primary attention is given to liability issues associated with developing and performing ratings. Secondary attention is given to possible liability associated with misuse of a rating once it has been performed.

  19. Third party liability cover for nuclear damage and related problems

    International Nuclear Information System (INIS)

    Carbone, Ferdinando; Gambardella, Elio.

    1974-06-01

    This paper analyses the financial security and cover for third party liability for nuclear damage as provided for by Act No. 1860 of 31 December 1962 on the peaceful uses of nuclear energy. The relevant Sections of the Act are quoted and explained, as are the nuclear operator's obligation to furnish financial security for his liability. Different possible types of security and cover are described, also with reference to other national legislation. Finally, the author mentions the Paris Convention which provides the basis for Italian nuclear third party liability legislation. (NEA) [fr

  20. Professional liability in the safety and environmental context

    International Nuclear Information System (INIS)

    Matheson, J.A.; Price, A.A.; Scott, J.B.

    1992-01-01

    In Texas, the theories of liability under which professionals can be held liable are breach of contract, common law fraud or misrepresentation, failure to disclose, and the Texas Deceptive Trade Practices Act. Because case law involving safety or environmental professionals is scarce it is necessary to draw analogies from cases involving architects and engineers. These cases, however, may be directly applicable to those who are engineers. This paper reviews examples of these types of liabilities providing case references for each. The paper finishes with preventative steps for minimizing the liabilities of both consulting groups and practicing professionals

  1. Nuclear liability insurance problems and trends as seen by the European utilities

    International Nuclear Information System (INIS)

    Gulck, Albert van.

    1978-01-01

    After recalling the basic principles of nuclear civil liability conventions, the author describes the different types of damage presently covered by nuclear insurance. Also, a Study Committee was created in Western Europe in 1974 to examine the possibility of setting up a mutual pool to cover risks such as fire and property damage in nuclear installations. In the immediate future machinery breakdown and all risk coverage on-site will not be covered. This mutual pool will widen the nuclear insurance market in the coming decades. (NEA) [fr

  2. Analyzing solvency with extreme value theory: an application to the Spanish motor liability insurance market

    Directory of Open Access Journals (Sweden)

    María José Pérez-Fructuoso

    2010-04-01

    Full Text Available An accurate estimation of extreme claims is fundamental to assess solvency capital requirements (SCR established by Solvency II. Basing on the Extreme Value Theory (EVT, this paper performs a parametric estimation to fit the motor liability insurance historical datasets of two significant and representative companies operating within the Spanish market to a Generalized Pareto Distribution. We illustrate how EVT improves classical adjustments, as it considers outliers apart from mass risks, what leads to optimize the pricing decision-making and fix a risk transfer position.

  3. 46 CFR 298.38 - Partnership agreements and limited liability company agreements.

    Science.gov (United States)

    2010-10-01

    ... 46 Shipping 8 2010-10-01 2010-10-01 false Partnership agreements and limited liability company... liability company agreements. Partnership and limited liability company agreements must be in form and...) Duration of the entity; (b) Adequate partnership or limited liability company funding requirements and...

  4. Role of liability preferences in societal technology choices: results of a pilot study

    International Nuclear Information System (INIS)

    Cantor, R.; Rayner, S.; Braid, B.

    1985-01-01

    At the 1984 Annual Meeting of the Society for Risk Analysis, Steve Rayner presented a paper that challenged the conventional wisdom of risk management research. In that paper, he argued that resolving the question, ''How safe is safe enough.'' is less important in making societal technology choices than ''How fair is safe enough.'' Adopting the fairness question as the concern of risk management would imply that the process of technology choice explicitly recognize the preferred principles different parties hold with respect to obtaining consent from those affected by the risks, distributing the liabilities, and justifying trust in the relevant institutions. This paper discusses a recent empirical pilot study which explored the fairness hypothesis in the context of nuclear power. Individual interviews and focus groups were conducted to examine whether or not preferred principles for liability distributions were consistent with those suggested by the cultural characteristics of the constituency. The results suggest that for this type of societal technology choice, violation of these preferred principles may be a major source of the conflict between different constituencies. Additionally, the study contributes towards the development of a new approach in risk management that combines the cultural model of risk perceptions with the decision-theoretic approaches found in economics and psychology

  5. Optimization Evaluation: Lee Chemical Superfund Site, City Of Liberty, Clay County, Missouri

    Science.gov (United States)

    The Lee Chemical Superfund Site (site) is located along Missouri Highway 210 in Liberty, Missouri, approximately 15 miles east of Kansas City, Missouri. Currently, the site is a vacant lot of approximately2.5 acres in a flat alluvial plain.

  6. U.S. EPA Superfund Program's Policy for Community Involvement at Radioactively Contaminated Sites

    International Nuclear Information System (INIS)

    Martin, K.; Walker, St.

    2009-01-01

    This paper describes the EPA Superfund program's statutory requirements for community involvement. It also discusses the efforts the Superfund program has made that go beyond these statutory requirements to involve communities, and what lessons have been learned by EPA when trying to conduct meaningful community involvement at sites. In addition, it discusses tools that EPA has designed to specifically enhance community involvement at radioactively contaminated Superfund sites. In summary, the Superfund program devotes substantial resources to involving the local community in the site cleanup decision making process. We believe community involvement provides us with highly valuable information that must be available to carefully consider remedial alternatives at a site. We also find our employees enjoy their jobs more. Rather than fighting with an angry public they can work collaboratively to solve the problems created by the hazardous waste sites. We have learned the time and resources we devote at the beginning of a project to developing relationships with the local community, and learning about their issues and concerns is time and resources well spent. We believe the evidence shows this up-front investment helps us make better cleanup decisions, and avoids last minute efforts to work with a hostile community who feels left out of the decision-making process. (authors)

  7. EMERGING TECHNOLOGY BULLETIN: RECLAMATION OF LEAD FROM SUPERFUND WASTE MATERIAL USING SECONDARY LEAD SMELTERS

    Science.gov (United States)

    This process involves incorporating lead-contaminated Superfund waste with the regular feed to a secondary lead smelter. Since secondary lead smelters already recover lead from recycled automobile batteries, it seems likely that this technology could be used to treat waste from ...

  8. Private-Sector Cleanup Expenditures and Transaction Costs at 18 Superfund Sites (1993)

    Science.gov (United States)

    Superfund allows the government either to clean up a site and recover its cost from the potentially responsible parties (PRPs) or to require the PRPs to undertake the cleanup themselves. This study examines private-sector expenditures and transaction-costs

  9. Evaluating public participation in environmental decision-making: EPA's superfund community involvement program.

    Science.gov (United States)

    Susan Charnley; Bruce. Engelbert

    2005-01-01

    This article discusses an 8-year, ongoing project that evaluates the Environmental Protection Agency's Superfund community involvement program. The project originated as a response to the Government Performance and Results Act, which requires federal agencies to articulate program goals, and evaluate and report their progress in meeting those goals. The evaluation...

  10. 75 FR 81269 - Ward Transformer Superfund Site Raleigh, Wake County, NC; Notice of Settlements

    Science.gov (United States)

    2010-12-27

    ... ENVIRONMENTAL PROTECTION AGENCY [Docket EPA-RO4-SFUND-2010-1053, FRL-9243-2] Ward Transformer... entered into a five settlements for reimbursement of past response costs concerning the Ward Transformer... Docket ID No. EPA-RO4- SFUND-2010-1053 or Site name Ward Transformer Superfund Site by one of the...

  11. 77 FR 13603 - Anniston PCB Superfund Site; Anniston, Calhoun County, AL; Correction

    Science.gov (United States)

    2012-03-07

    ... ENVIRONMENTAL PROTECTION AGENCY [FRL-9644-2; CERCLA-04-2012-3763] Anniston PCB Superfund Site... FR 11533 (FRL-9637-7), EPA posted a Notice of Amended Settlement concerning the Anniston PCB... the settlement are available from Ms. Paula V. Painter. Submit your comments by Site name Anniston PCB...

  12. 78 FR 76143 - Proposed CERCLA Settlement Relating to the Paul's Tank Cleaning Service Superfund Site...

    Science.gov (United States)

    2013-12-16

    ... Paul's Tank Cleaning Service Superfund Site, Burlington County, New Jersey AGENCY: Environmental.... (``Settling Party''). The Settling Party is a potentially responsible party, pursuant to Section 107(a) of CERCLA, and thus is potentially liable for response costs incurred at or in connection Paul's Tank...

  13. A General Chemistry Assignment Analyzing Environmental Contamination for the Depue, IL, National Superfund Site

    Science.gov (United States)

    Saslow Gomez, Sarah A.; Faurie-Wisniewski, Danielle; Parsa, Arlen; Spitz, Jeff; Spitz, Jennifer Amdur; Loeb, Nancy C.; Geiger, Franz M.

    2015-01-01

    The classroom exercise outlined here is a self-directed assignment that connects students to the environmental contamination problem surrounding the DePue Superfund site. By connecting chemistry knowledge gained in the classroom with a real-world problem, students are encouraged to personally connect with the problem while simultaneously…

  14. 77 FR 21433 - Regulated Navigation Area; Pacific Sound Resources and Lockheed Shipyard EPA Superfund Cleanup...

    Science.gov (United States)

    2012-04-10

    ... superfund cleanup remediation efforts. This RNA will prohibit activities that would disturb the seabed, such... or capped are arsenic, copper, lead, mercury, zinc, PAHs and PCBs. The metal contaminants were... installed in the designated regulated navigation area, pursuant to the remediation efforts of the U.S...

  15. Remediation System Evaluation, Tutu Wellfield Superfund Site, St. Thomas, U.S. Virgin Islands

    Science.gov (United States)

    The Tutu Wellfield Superfund Site is a 1.5 square mile site located on the eastern end of St. Thomas, U.S. Virgin Islands (USVI) within the upper Turpentine Run surface drainage basin in the Anna’s Retreat area.

  16. 75 FR 53694 - Florida Petroleum Reprocessors Superfund Site; Davie, Broward County, FL; Notice of Settlement

    Science.gov (United States)

    2010-09-01

    ... ENVIRONMENTAL PROTECTION AGENCY [Docket EPA-RO4-SFUND-2010-0729, FRL-9196-1] Florida Petroleum... entered into a settlement for reimbursement of past response costs concerning the Florida Petroleum... No. EPA-RO4- SFUND-2010-0729 or Site name Florida Petroleum Reprocessors Superfund Site by one of the...

  17. Inventory of nuclear liabilities - The Belgian perspective

    International Nuclear Information System (INIS)

    Minon, Jean-Paul

    2003-01-01

    Like all countries that use radioactive materials for producing electricity or for other peaceful purposes, Belgium is faced with an important challenge: the safe management of all these materials, in both the short and long term. Of course there is a price to pay for this management, which in accordance with the ethical principle of inter-generational fairness should be borne mainly by the current generations. However, it is possible that when the moment has come, the financial resources to cover the costs of decommissioning and remediation of these installations, prove to be insufficient or even completely non-existent: this then results in a nuclear liability. This kind of situation can have several causes, such as an underestimation of the actual costs by the operator or the owner of the nuclear installation or by the holder or the owner of the radioactive materials, negligence, transfer of ownership of the nuclear installation or the nuclear site without transfer of the corresponding provisions, a reduction in the operating time, a bankruptcy as well as ignorance. Because it wishes to avoid the occurrence of new nuclear liabilities, the Belgian legislator, by virtue of article 9 of the programme law of 12.12.97, charged ONDRAF/NIRAS, the Belgian Agency for Radioactive Waste and Enriched Fissile Materials, with collecting all the elements that are necessary in order to examine to which degree the decommissioning and remediation costs can be actually covered when the time comes. ONDRAF/NIRAS was specifically charged with ascertaining all facts of a technical and financial nature which should enable the minister responsible for energy to verify whether every operator or owner of a nuclear installation and every holder or owner of radioactive materials have provided in time for the requisite financial resources to cover the future costs of decommissioning and remediation. This evaluation of course also serves to enable the government to take the necessary

  18. Professional dental and oral surgery liability in Italy: a comparative analysis of the insurance products offered to health workers.

    Science.gov (United States)

    Di Lorenzo, Pierpaolo; Paternoster, Mariano; Nugnes, Mariarosaria; Pantaleo, Giuseppe; Graziano, Vincenzo; Niola, Massimo

    2016-01-01

    In Italy there has been an increase in claims for damages for alleged medical malpractice. A study was therefore conducted that aimed at assessing the content of the coverage of insurance policy contracts offered to oral health professionals by the insurance market. The sample analysed composed of 11 insurance policy contracts for professional dental liability offered from 2010 to 2015 by leading insurance companies operating in the Italian market. The insurance products analysed are structured on the "claims made" clause. No policy contract examined covers the damage due to the failure to acquire consent for dental treatment and, in most cases, damage due to unsatisfactory outcomes of treatment of an aesthetic nature and the failure to respect regulatory obligations on privacy. On entering into a professional liability insurance policy contract, the dentist should pay particular attention to the period covered by the guarantee, the risks both covered and excluded, as well as the extent of the limit of liability and any possible fixed/percentage excess. When choosing a professional liability contract, a dentist should examine the risks in relation to the professional activity carried out before signing.

  19. The regulatory system governing liability, financial security, and the funding of decommissioning

    International Nuclear Information System (INIS)

    Pelzer, N.

    1991-01-01

    Principally speaking, the nuclear liability law and the law on financial security constitute a modern system determining indemnification for nuclear damage with due regard to the risks concerned. This holds especially since the introduction of the unlimited financial liability of the owner. The question as to the security through available financial means is of foremost importance: at present the German insurance market can cover up to 500 million DM, another 500 million DM could be provided by a civil-law nuclear liability insurance company; thus the proposal to raise private provision finds to 1 billion DM. Indemnification through the state could consist in a loan for the liable party. As yet there is no obligation under atomic energy law to make provisions for the decommissioning of nuclear installations. Even if negotiations with the industry lead to satisfactory results, a legislative bridge, i.e. regularization through law, is not wholly dispensable and can be realized in various ways: as a precondition for the issue of a licence or as a specific obligation of the operator under atomic energy law. (orig./HSCH) [de

  20. Limited liability company according to the new Act on commercial corporations

    Directory of Open Access Journals (Sweden)

    Eva Daniela Růžičková

    2013-01-01

    Full Text Available Act No. 90/2012 Coll., on commercial corporations, is one of the legal norms which arose in connection to the re-codification of the Private law. Along with the new Civil Code and Act on International private law, it brings about fundamental changes in the field of the regulation of commercial companies. It is an act which partially replaced the current Act No. 513/1991 Coll., Commercial Code. Its content predominantly consists of the regulation of commercial companies and cooperatives, while other relations regarding commercial relations will be covered by the new Civil code. The Chamber of Deputies approved the bill on 16th December and the Act should take effect on 1st January 2014.Since the new legislative norm brings as well many changes in the field of regulations of the limited liability company, which is currently the most used company form, the purpose of this article is to provide complete information about prepared changes in this field, while focusing on risks related to these changes for the limited liability company. According to a hypothesis determined by Pearson chi-quadrate, it should prove to the readers whether or not the changes in the field of the limited liability company will have, as a consequence, the transformation of the legal form used by persons conducting business based on the Trade Act. Further, it will be researched whether these changes will have an impact on the current form for business conduct.

  1. The Contractual Liability of Student Organizations with Outside Groups.

    Science.gov (United States)

    Likins, Jeanne M.

    1978-01-01

    Included is a consideration of contract and agency law, how these apply to student organizations, potential liability consequences, guidelines to avoid such consequences, and a summary of the current situation. (Author)

  2. Nuclear liability amounts on the rise for nuclear installations

    International Nuclear Information System (INIS)

    Vasquez-Maignan, Ximena; Schwartz, Julia; Kuzeyli, Kaan

    2015-01-01

    The NEA Table on Nuclear Operator Liability Amounts and Financial Security Limits (NEA 'Liability Table'), which covers 71 countries, aims to provide one of the most comprehensive listings of nuclear liability amounts and financial security limits. The current and revised Paris and Brussels Supplementary Conventions ('Paris-Brussels regime'), the original and revised Vienna Conventions ('Vienna regime') and the Convention on Supplementary Compensation for Nuclear Damage, newly entered into force in April 2015, provide for the minimum amounts to be transposed in the national legislation of states parties to the conventions, and have served as guidelines for non-convention states. This article examine in more detail increases in the liability amounts provided for under these conventions, as well as examples of non-convention states (China, India and Korea)

  3. Nuclear Liability Act as amended (No 484/72)

    International Nuclear Information System (INIS)

    1972-01-01

    This Act which entered into force on 16th June 1972 adopted the essential principles laid down in the Paris Convention. These include in particular absolute liability of the operator, its limitation in amount and in time. (NEA) [fr

  4. 31 CFR 370.26 - What limitations exist on liability?

    Science.gov (United States)

    2010-07-01

    ... TRANSFERS RELATING TO UNITED STATES SECURITIES Debit Entries § 370.26 What limitations exist on liability? If we sustain a loss because a financial institution fails to handle an entry in accordance with this...

  5. 7 CFR 46.10 - Nonlicensed person; liability; penalty.

    Science.gov (United States)

    2010-01-01

    ... 46.10 Agriculture Regulations of the Department of Agriculture AGRICULTURAL MARKETING SERVICE (Standards, Inspections, Marketing Practices), DEPARTMENT OF AGRICULTURE MARKETING OF PERISHABLE AGRICULTURAL... Licenses § 46.10 Nonlicensed person; liability; penalty. Any commission merchant, dealer, or broker who...

  6. Nuclear Liability and Insurance for nuclear Damage in Switzerland

    International Nuclear Information System (INIS)

    Reitsma, S. M. S.

    1998-01-01

    With nuclear power generating 43% of its total electricity production, Switzerland is amongst the states, employing the highest percentage of nuclear electricity. Although, the country has not ratified any of the international Nuclear Liability Conventions, its Nuclear Third Party Liability Act reflects all the principles, underlying those Conventions. The statutory liability of the operator of a Swiss nuclear installation itself being unlimited, the total insurance limit of CHF 770 m. provides the highest private insurance protection worldwide. With the support of its foreign Reinsurance Pools, the capacity for this insurance guarantee has, over more than 40 years, been built up by the Swiss Nuclear Insurance Pool. Apart from Third Party Liability cover, the Pool also provides Property insurance to Swiss nuclear installation operators and reinsurance cover to other nuclear insurers worldwide. (author)

  7. Nuclear Liability and Insurance for Nuclear Damage in Sweden

    International Nuclear Information System (INIS)

    Thofelt, H.

    1998-01-01

    This paper contains some facts about the Swedish nuclear energy production system and about the nuclear operators liability with the important issues. The nuclear insurance of Sweden is also explained in short terms. (author)

  8. 48 CFR 1427.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 5 2010-10-01 2010-10-01 false Patent and copyright... INTERIOR GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 1427.201 Patent and copyright infringement liability. ...

  9. 48 CFR 27.201 - Patent and copyright infringement liability.

    Science.gov (United States)

    2010-10-01

    ... 48 Federal Acquisition Regulations System 1 2010-10-01 2010-10-01 false Patent and copyright... REGULATION GENERAL CONTRACTING REQUIREMENTS PATENTS, DATA, AND COPYRIGHTS Patents and Copyrights 27.201 Patent and copyright infringement liability. ...

  10. Negligent Hiring and Employer Liability in the Selection of Employees.

    Science.gov (United States)

    Howard, Sharon Swenson

    1988-01-01

    Reviews some theories of employer liability: (1) negligent hiring; (2) negligent entrustment; and (3) respondent superior. Applicable cases focusing on the investigation of prospective employees and the emerging constitutional implications are discussed. (MLF)

  11. An Examination of Contemporary Issues Relating to Medical Liability ...

    African Journals Online (AJOL)

    In Nigeria, cases of negligence are under-reported; consequently marginal compensations ... consent, the doctor retains the duty to do what is in the best interest of the patient. ... Keywords: Medical, liability, negligence, Bolam, standard of care ...

  12. 26 CFR 1.752-1 - Treatment of partnership liabilities.

    Science.gov (United States)

    2010-04-01

    ..., obligations under a short sale, and obligations under derivative financial instruments such as options, forward contracts, futures contracts, and swaps. (iii) Other liabilities. For obligations that are not § 1...

  13. Report on state liability for radioactive materials transportation incidents: A survey of laws

    International Nuclear Information System (INIS)

    1989-10-01

    The purpose of this report is to provide a synopsis of the liability laws of the Southern States Energy Board's (SSEB's) 16 member states. It begins by briefly reviewing potential sources of liability, immunity from liability, waiver of immunity, and statutes of limitation, followed by liability laws of member states. The report was prepared by reviewing legal literature pertaining to governmental liability, with particular emphasis on nuclear waste transportation, including law review articles, legal treatises, technical reports, state statutes and regulations

  14. Structural changes in cross-border liabilities: A multidimensional approach

    Science.gov (United States)

    Araújo, Tanya; Spelta, Alessandro

    2014-01-01

    We study the international interbank market through a geometric analysis of empirical data. The geometric analysis of the time series of cross-country liabilities shows that the systematic information of the interbank international market is contained in a space of small dimension. Geometric spaces of financial relations across countries are developed, for which the space volume, multivariate skewness and multivariate kurtosis are computed. The behavior of these coefficients reveals an important modification acting in the financial linkages since 1997 and allows us to relate the shape of the geometric space that emerges in recent years to the globally turbulent period that has characterized financial systems since the late 1990s. Here we show that, besides a persistent decrease in the volume of the geometric space since 1997, the observation of a generalized increase in the values of the multivariate skewness and kurtosis sheds some light on the behavior of cross-border interdependencies during periods of financial crises. This was found to occur in such a systematic fashion, that these coefficients may be used as a proxy for systemic risk.

  15. Unintended Consequences of Products Liability: Evidence from the Pharmaceutical Market

    OpenAIRE

    Eric Helland; Darius N. Lakdawalla; Anup Malani; Seth A. Seabury

    2014-01-01

    In a complex economy, production is vertical and crosses jurisdictional lines. Goods are often produced by an upstream national or global firm and improved or distributed by local firms downstream. In this context, heightened products liability may have unintended consequences on product sales and consumer safety. Conventional wisdom holds that an increase in tort liability on the upstream firm will cause that firm to (weakly) increase investment in safety or disclosure. However, this may fai...

  16. Managing nuclear liabilities: 'hospital pass' or major opportunity?

    International Nuclear Information System (INIS)

    May, D.

    1995-01-01

    This paper sets out to start changing the perception that liabilities management is an unattractive part of the UK Nuclear Industry. The paper describes BNFL's successes and long term challenges in this area and concludes that liabilities management presents a major opportunity to:-Remove an Achilles heel of the industry; Create value for the companies concerned by successfully driving down costs; Sustain and exploit internationally a major UK competitive edge. (Author)

  17. The Effects of Liquidity Regulation on Bank Assets and Liabilities

    OpenAIRE

    Patty Duijm; Peter Wierts

    2014-01-01

    Under Basel III rules, banks become subject to a liquidity coverage ratio (LCR) from 2015 onwards, to promote short-term resilience. We investigate the effects of such liquidity regulation on bank liquid assets and liabilities. Results indicate co-integration of liquid assets and liabilities, to maintain a minimum short-term liquidity buffer. Still, microprudential regulation has not prevented an aggregate liquidity cycle characterised by a pro-cyclical pattern in the size of balance sheets a...

  18. Nuclear operator. Liability amounts and financial security limits

    International Nuclear Information System (INIS)

    2015-07-01

    This paper gives, for numerous countries involved (or would be involved) in nuclear activities, financial information on the liability amount imposed on the operator, the amounts provided from public funds beyond the Operator's Liability Amount, to be made available by the State in whose territory the nuclear installation of the liable operator is situated, and the public funds contributed jointly by all the States parties to the BSC or CSC according to a pre-determined formula

  19. Partnerships – Limited partnerships and limited liability limited partnerships

    OpenAIRE

    Henning, Johan J.

    2000-01-01

    Consideration of the Limited Liability Partnership Act 2000 which introduced a new corporate entity, carrying the designations “partnership” and “limited” which allow members to limit their liability whilst organising themselves internally as a partnership. Article by Professor Johan Henning (Director of the Centre for Corporate Law and Practice, IALS and Dean of the Faculty of Law, University of the Free State, South Africa). Published in Amicus Curiae - Journal of the Institute of Advanced ...

  20. The international liability funds in the maritime field

    Directory of Open Access Journals (Sweden)

    Mišo Mudrić

    2009-08-01

    Full Text Available This Paper aims to explore the current system of the international liability funds in the maritime field. Through the systematic economical, legal and political analysis of the current and envisaged international, regional and national liability funds connected to the pollution of the seas, an overview of the function, efficiency and critical considerations of the chosen liability funds will be presented. A comparison between the international system of the compensation for the oil pollution damage (and the pending hazardous and noxious substances compensation model, and that of the United States is necessary, in order to determine a difference in approaches these two systems use to tackle the burning issues of oil (and hazardous and noxious substances spills. A special consideration will be devoted to the questions of limited or unlimited liability, scope and strength of the Protection & Indemnity insurance and reinsurance market, problems of the channeling of the liability, moral hazard of the financial caps, and the general lack of the liability funds in the maritime field. Finally, an attempt will be made to consolidate the difference in opinions regarding the previously mentioned issues, and to predict the possible routes of changes awaiting the fund compensation systems.