TMI Plaintiffs Can Seek Damages
The U.S. Court of Appeals for the Third Circuit on October 17 ruled that plaintiffs claiming injuries related to the 1979 accident at Unit 2 of the Three Mile Island nuclear plant (TMI-2) may seek punitive damages. Plaintiffs may receive compensatory and punitive damages under the Price-Anderson Act from: 1) primary financial protection provided through commercial insurance policies, which is required of all nuclear utilities; and 2) secondary financial protection in the form of private liability insurance under an industry retrospective rating plan.