In re Fansteel, Inc.
A settling Atomic Energy Act and CERCLA defendant must transfer a parcel of the property it owns in Muskogee, Oklahoma, to the operator of the property, transfer to the operator any and all causes of action it may have against potentially responsible parties at the property under CERCLA and Oklahoma law, and allocate between itself and environmental authorities (NRC, EPA, and the Oklahoma Department of Environmental Quality) any net proceeds received from the sale of the parcel such that the environmental authorities will receive 100% of any net insurance proceeds for losses related to environmental liabilities and the environmental authorities and the operator will share on a 50%/50% basis the proceeds from any settlement or adjudication of the third-party environmental claims transferred from the defendant to the operator; the consent decree also requires the operator to use funds received from the decommissioning trust, defendant's reorganization plan, or other sources for activities necessary to maintain health and safety, fulfill obligations mandated by the property's NRC license and amended decommissioning plan, or conduct response actions pursuant to CERCLA or state law at the property.