N.Y. Public Authorities Law Section 1005-A
Actions or contracts involving certain nuclear power plants


Whenever the authority undertakes or executes any action or contract involving the closure, maintenance, decommissioning or conversion of any nuclear power plant constructed by a utility corporation which has not entered commercial operation, the authority shall, in order to ensure that neither the authority nor its customers shall bear any of the costs associated therewith, provide for the full recovery from such corporation, its successors or assigns of:

(a)

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

(b)

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

(c)

all damages incurred by the authority in connection with such actions or contracts other than damages resulting from its gross negligence or willful misconduct. In no event shall the authority recover any costs or damages related to such actions or contracts from any of its customers other than such corporation its successors or assigns.

Source: Section 1005-A — Actions or contracts involving certain nuclear power plants, https://www.­nysenate.­gov/legislation/laws/PBA/1005-A (updated Sep. 22, 2014; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 1005-A’s source at nysenate​.gov

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