Byron Dorgan: “But those who do adopt a strict liability standard, because these are kinds of activities that have a potential for…”

“But those who do adopt a strict liability standard, because these are kinds of activities that have a potential for greater danger and so on, is it the intention of those who have authored this to say for those States that adopted that standard of strict liability that we will offer protection of the utility industry under this bill? I think, frankly, that is a substantial departure from what most people in this Senate would understand. I had thought originally some, incidentally, whom I have consulted with in the last 2 days or day on this, they say, ``No, you do not understand this. We do not really mean utilities fall under this bill.'' That is comforting to me, except the language seems at odds with that. I think what Senator Gorton is saying is the way I read it, that those many States who have decided on the standard of strict liability--and there are many of them--will be told by this piece of legislation that utilities, for them, will now be a product whose interests will be protected by the limitations in this bill, and I daresay, I do not think there are two Senators on the floor of the Senate that understand that to be the case. Can you respond to that? I am not trying to cause trouble for you. I want to understand exactly what we are doing.”