ML021580280

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Nuclear Energy Liability Insurance Policy Endorsements
ML021580280
Person / Time
Site: Nine Mile Point  Constellation icon.png
Issue date: 05/13/2002
From: Conway J
Constellation Nuclear
To: Collins S
Office of Nuclear Reactor Regulation
References
NMP1l 1666
Download: ML021580280 (13)
v • d • e


Text

P.O. Box 63 Lycoming, New York 13093 0 Nuclear Constellation Nine Mile Point Nuclear Station May 13, 2002 NMP1L 1666 A Member of the Constellation Energy Group Samuel J. Collins Director of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 RE: Nine Mile Point Unit 1 Nine Mile Point Unit 2 Docket No. 50-220 Docket No. 50-410 DPR-63 NPF-69

Subject:

NuclearEnergy Liability InsurancePolicy Endorsements

Dear Mr. Collins:

Pursuant to 10 CFR 140.15(e), attached are certified copies of the following nuclear energy liability insurance policy endorsements:

Policy Endorsement Nos.

N-12 33, 34 N-105 28, 29 NF-161 167, 169, 170 NW-557 9, 10 Please contact John Dosa at (315) 349-7222 if you have any questions concerning this submittal.

Very truly yours, Connway Site Vice President JTC/JJD/JM Attachments

Page 2 NMP1L 1666 cc: Document Control Desk, NRC Mr. H. J. Miller, NRC Regional Administrator, Region 1 Mr. G. K. Hunegs, NRC Senior Resident Inspector Mr. P. S. Tam, Senior Project Manager, NRR (2 copies)

Records Management

NUCLEAR ENERGY LIABILITY INSURANCE NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N -0012 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITY INSURANCE (SECONDARY FINANCIAL PROTECTION)

In consideration of Nine Mile Point Nuclear Station, LLC being designated the named insured in Certificate No. N -0012 by Endorsement thereto and issued concurrently herewith, Nine Mile Point Nuclear Station, LLC hereby executes the following Bond:

BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Know All Men By These Presents, that the undersigned does hereby acknowledge that Nine Mile Point Nuclear Station, LLC is a named insured under Master Policy No. 1 described in the Certificate of Insurance and Declarations of Certificate No. N -0012, which was originally issued to and signed by Niagara Mohawk Power Corporation with a Certificate Period beginning on August 1, 1977 and as amended. The undersigned does hereby covenant with and is held and is firmly bound to the subscribing members of Nuclear Energy Liability Insurance Association (hereinafter called the "companies") to pay to the companies all retrospective premiums and allowances for premium taxes which shall become due and payable in accordance with the terms of Master Policy No. 1, as it may be changed from time to time, with interest on such premiums and allowances for taxes to be computed at the rate provided in Master Policy No. I from the date payment thereof is specified to be due the companies in a written notice to the first named insured, as provided in Condition 2 of Master Policy No. 1 until paid.

And it is hereby expressly agreed that copies of written notices of retrospective premiums and allowances for premium taxes due and payable or other evidence of such amounts due and payable sworn to by a duly authorized representative of the companies shall be prima facie evidence of the fact and extent of the liability of the named insureds for such amounts.

And it is further expressly agreed that the named insureds will indemnify the companies against any and all liability, losses and expenses of whatsoever kind or nature (including but not limited to interest, court costs and counsel fees) which the companies may sustain or incur (1) by reason of the failure of the named insureds to comply with the covenants and provisions of this Bond or (2) in enforcing any of the covenants or provisions of this Bond, or any provisions of Master Policy No. 1 relating to such covenants or provisions.

For the purpose of recording this agreement a photocopy acknowledged before a Notary Public to be a true copy hereof shall be regarded as an original.

Page 1 of 2

THE ABOVE BOND FORMS A PART OF MASTER POLICY NO. 1. CANCELLATION OR TERMINATION OF MASTER POLICY NO. I OR CERTIFICATE NO. N -0012 SHALL NOT AFFECT THE OBLIGATIONS OF THE NAMED INSUREDS UNDER MASTER POLICY NO. 1 OR THE BONDS TO PAY THE RETROSPECTIVE PREMIUMS AND ALLOWANCES FOR PREMIUM TAXES AS PROVIDED IN CERTIFICATE NO. N -0012 AND CONDITION 2 OF MASTER POLICY NO. 1.

IN WITNESS WHEREOF, the undersigned named insured has caused this Bond for Payment of Retrospective Premiums, to be signed and sealed by a duly authorized officer, to be effective from and after the date stated below, eastern standard time.

Attest or Witness Named Insured:

B:I.-aVtr- /

(Signature of Donna X. Levy, Secretary (Type or Print Name & Title of Officer)

Date: 12/17/01 This is to certify that this is a true copy of the original Endorsement numbered 33 and being made a part of Certificate No. N-0012 to the Master Policy - Nuclear Energy Liability Insurance (Secondary Financial Protection). No Insurance is afforded hereunder.

John L. Quattrocchi, Senior Vice President - Underwriting American Nuclear Insurers Effective Date of this Endorsement: November 7, 2001 To form a part of Certificate No. N -0012 (12:01 A.M. Standard Time)

Issued to: Nine Mile Point Nuclear Station, LLC Date of Issue: November 7, 2001 For the subscribing companies By President Endorsement No.: 33 Countersigned by Page 2 of 2

NUCLEAR ENERGY LIABILITY INSURANCE NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ANNUAL PREMIUM ENDORSEMENT CALENDAR YEAR 2002

1. ANNUAL PREMIUM: It is agreed that the Annual Premium due the companies for the period designated above is: $7,191.00 THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY LIABILITY INSURANCE (SECONDARY FINANCIAL I OTECTION). NO INSURANCE IS AFFORDED BY THIS COPY.

JOHN L. QUATTROCCHI SENIOR VICE PRESIDENT - UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement: January 1, 2002 To form a part of Certificate No. N -0012 (12:01 A.M. Standard Time)

Issued To: Nine Mile Point Nuclear Station LLC Date of Issue: November 27, 2001 For the subscribing companies By .- I.c-1f 61- President Endorsement No: 34 Countersigned by CERTIFIED COPY

NUCLEAR ENERGY LIABILITY INSURANCE NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N -0105 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITY INSURANCE (SECONDARY FINANCIAL PROTECTION)

In consideration of Nine Mile Point Nuclear Station, LLC being designated a named insured in Certificate No. N -0105 by Endorsement thereto and issued concurrently herewith, Nine Mile Point Nuclear Station, LLC hereby executes the following Bond:

BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Know All Men By These Presents, that the undersigned does hereby acknowledge that Nine Mile Point Nuclear Station, LLC and Long Island Lighting Company are named insureds under Master Policy No. 1 described in the Certificate of Insurance and Declarations of Certificate No. N -0105, which was originally issued to and signed by Niagara Mohawk Power Corporation, Rochester Gas & Electric Corporation, Central Hudson Gas & Electric Corporation, New York State Electric & Gas Corporation and Long Island Lighting Company with a Certificate Period beginning on October 31, 1986 and as amended. The undersigned does hereby covenant with and is held and is firmly bound to the subscribing members of Nuclear Energy Liability Insurance Association (hereinafter called the "companies") to pay to the companies all retrospective premiums and allowances for premium taxes which shall become due and payable in accordance with the terms of Master Policy No. 1, as it may be changed from time to time, with interest on such premiums and allowances for taxes to be computed at the rate provided in Master Policy No. 1 from the date payment thereof is specified to be due the companies in a written notice to the first named insured, as provided in Condition 2 of Master Policy No. 1 until paid.

And it is hereby expressly agreed that copies of written notices of retrospective premiums and allowances for premium taxes due and payable or other evidence of such amounts due and payable sworn to by a duly authorized representative of the companies shall be prima facie evidence of the fact and extent of the liability of the named insureds for such amounts.

And it is further expressly agreed that the named insureds will indemnify the companies against any and all liability, losses and expenses of whatsoever kind or nature (including but not limited to interest, court costs and counsel fees) which the companies may sustain or incur (1) by reason of the failure of the named insureds to comply with the covenants and provisions of this Bond or (2) in enforcing any of the covenants or provisions of this Bond, or any provisions of Master Policy No. 1 relating to such covenants or provisions.

For the purpose of recording this agreement a photocopy acknowledged before a Notary Public to be a true copy hereof shall be regarded as an original.

Page 1 of 2

THE ABOVE BOND FORMS A PART OF MASTER POLICY NO. 1. CANCELLATION OR TERMINATION OF MASTER POLICY NO. 1 OR CERTIFICATE NO. N -0105 SHALL NOT AFFECT THE OBLIGATIONS OF THE NAMED INSUREDS UNDER MASTER POLICY NO. 1 OR THE BONDS TO PAY THE RETROSPECTIVE PREMIUMS AND ALLOWANCES FOR PREMIUM TAXES AS PROVIDED IN CERTIFICATE NO. N -0105 AND CONDITION 2 OF MASTER POLICY NO. 1.

IN WITNESS WHEREOF, the undersigned named insured has caused this Bond for Payment of Retrospective Premiums, to be signed and sealed by a duly authorized officer, to be effective from and after the date stated below, eastern standard time.

Attest or Witness Named Insured:

Nine Mile Point Nuclear Station, LLC ,- .

k AN By:

(Signature of Officer)

Donna M. Levy, Secretary (Type or Print Name & Title of Officer)

Date: 12/17/01 This is to certify that this is a true copy of the original Endorsement numbered 28 and being made a part of Certificate No. N-0105 to the Master Policy - Nuclear Energy Liability Insurance (Secondary Financial Protection). No Insurance is afforded hereunder.

John L. Quattrocchi, Senior Vice President - Underwriting American Nuclear Insurers Effective Date of this Endorsement: November 7, 2001 To form a part of Certificate No. N -0105 (12:01 A.M. Standard Time)

Issued to: Nine Mile Point Nuclear Station, LLC and Long Island Lighting Company Date of Issue: November 7, 2001 For the subscribing companies By President Endorsement No.: 28 Countersigned by Page 2 of 2

NUCLEAR ENERGY LIABILITY INSURANCE NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ANNUAL PREMIUM ENDORSEMENT CALENDAR YEAR 2002

1. ANNUAL PREMIUM: It is agreed that the Annual Premium due the companies for the period designated above is: $7,191.00 THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY LIABILITY INSURANCE (SECONDARY FINANCIAL PITECTION). NO INSURANCE IS AFFORDED BY THIS COPY.

JOHN L. QUATIROCCHI SENIOR VICE PRESIDENT - UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement: January 1, 2002 To form a part of Certificate No. N -0105 (12:01 A.M. Standard Time)

Issued To: Nine Mile Point Nuclear Station, LLC and Long Island Lighting Company Date of Issue: November 27, 2001 For the subscribing companies By President Endorsement No: 29 Countersigned by "

CERTIFIED COPY

NUCLEAR ENERGY LIABILITY INSURANCE NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ASSIGNMENT OF INTEREST IN RESERVE PREMIUM REFUND It is agreed that:

1. Any reserve premium refund which may be returnable pursuant to the Industry Credit Rating Plan Premium Endorsement as respects reserve premiums paid by Niagara Mohawk Power Corporation from January 1, 1992 through December 31, 2001 is to be paid to Niagara Mohawk Power Corporation.
2. Any reserve premium refund which may be returnable pursuant to the Industry Credit Rating Plan Premium Endorsement as respects reserve premiums paid by Nine Mile Point Nuclear Station, LLC from January 1, 2002 is to be paid to Nine Mile Point Nuclear Station, LLC.

Accepted by: Nine Mile Point Nuclear Accepted by: Niagara Mohawk Power Station, LLC Corporation By: _______

(Signature of OfficerT (Signature of Officer)

Donna M. Levy Ar WA,

-a~' )ý C6 (Print or Type Name) (Print or Type Name)

Secretary (Title) (Title) 171101 2Dt -2)/

(Date) (Date)

This is to certify that this is a true copy of the original Endorsement numbered 167 and being made a part of the Nuclear Energy Liability Policy (NF-0161) as designated hereon. No Insurance is afforded hereunder.

John L. Quattrocchi, Senior Vice President - Underwriting American Nuclear Insurers Effective Date of this Endorsement: November 7, 2001 To form a part of Policy No. NF -0161 (12:01 A.M. Standard Time)

Issued to: Nine Mile Point Nuclear Station, LLC and Long Island Lighting Company Date of Issue: November 7, 2001 For the subscribing companies By By ,

0 President C6)

, 'r-p Endorsement No.: 167 Countersigned by -_____________________

NUCLEAR ENERGY LIABILITY INSURANCE NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION LIMITATION OF COVERAGE FOR TERRORIST ACTS (ONE SHARED INDUSTRY AGGREGATE LIMIT)

It is agreed that with respect to bodily injury, property damage or environmental damage caused by the nuclear energy hazard and arising out of a terrorist act:

1. the total aggregate liability of the companies shall be $200,000,000 regardless of (i) the number of terrorist acts affecting this or any other nuclear energy liability policy (Facility Form or Supplier's and Transporter's Form) or (ii) the number of nuclear energy liability policies (Facility Form or Supplier's and Transporter's Form) issued by the Nuclear Energy Liability Insurance Association under which coverage may be sought.
2. the limit of liability shown in Item 4 of the policy Declarations or as amended by endorsement to this policy is subject to the industry aggregate limitation described in paragraph 1 above.
3. the companies may, at their option, reinstate the one shared industry aggregate limit of $200,000,000, provided that any such reinstatement approved by the companies shall not exceed the balance in the Industry Credit Rating Plan reserve fund.
4. the term "terrorist act" as used herein means a violent or otherwise hostile act or an act dangerous to human life, tangible or intangible property or infrastructure by any person or group, whether acting alone or on behalf of any organization or government, which causes damage to property or injury to persons, or represents a threat thereof and appears to be intended to (i) intimidate or coerce a civilian population; or (ii) disrupt any segment of an economy; or (iii) influence the policy of a government by intimidation or coercion; or (iv) affect the conduct of a government by mass destruction, assassination, kidnapping or hostage-taking.

Effective Date of this Endorsement: January 1, 2002 To form a part of Policy No. NF -0161 (12:01 A.M. Standard Time)

Issued to: Nine Mile Point Nuclear Station, LLC and Long Island Lighting Company Date of Issue: December 17, 2001 For the subscribing companies This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuclear Energy Liability Policy (Facility Form) as des- By JZL,

,gnaterlhereon. nsurance is ordd hereunder. President Joh"L. ~ vbP Ametikcan par Insurers Endorsement No.: 169 Countersianed by "

NUCLEAR ENERGY LIABILITY INSURANCE NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 2002

1. ADVANCE PREMIUM: It is agreed that the Advance Premium due the companies for the period designated above is: $652,918.00
2. STANDARD PREMIUM AND RESERVE PREMIUM: In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the provisions of the Industry Credit Rating Plan, the Standard Premium is said Advance Premium and the Reserve Premium is: $500,761.00 This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuclear Energy Liability Policy (Facility Form) as designated
n. No insurance is afforded hereunder.

John L. Quattrocchi, Senior Vice President - Underwriting American Nuclear Insurers Effective Date of this Endorsement: January 1, 2002 To form a part of Policy No. NF -0161 (12:01 A.M. Standard Time)

Issued To: Nine Mile Point Nuclear Station, LLC and Long Island Lighting Company Date of Issue: December 12, 2001 For the subscribing companies By / e t 1- t President Endorsement No: 170 Countersigned by '

NE-36 CERTIFIED COPY

NUCLEAR ENERGY LIABILITY INSURANCE NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ASSIGNMENT OF INTEREST IN RESERVE PREMIUM REFUND It is agreed that:

1. Any reserve premium refund which may be returnable pursuant to the Industry Credit Rating Plan Premium Endorsement (Facility Worker Form) as respects reserve premiums paid by Niagara Mohawk Power Corporation from January 1, 1998 through December 31, 2001 is to be paid to Niagara Mohawk Power Corporation.
2. Any reserve premium refund which may be returnable pursuant to the Industry Credit Rating Plan Premium Endorsement (Facility Worker Form) as respects reserve premiums paid by Nine Mile Point Nuclear Station, LLC from January 1, 2002 is to be paid to Nine Mile Point Nuclear Station, LLC.

Accepted by: Nine Mile Point Nuclear Accepted by: Niagara Mohawk Power Station, LLC Corporation By:

(Signature of Officer) (Signa ure of Officer)

Donna M. Levy (Print or Type Name) (Print or Type Name)

Secretary (Title) (Title) 12/17/0( /2--21 -0/

(Date) (Date)

Effective Date of this Endorsement: November 7, 2001 To form a part of Certificate No. NW -0557 (12:01 A.M. Standard Time)

Issued to: Nine Mile Point Nuclear Station, LLC and Long Island Lighting Company Date of Issue: November 7, 2001 For the subscribing companies This is to certify that this is a true copy of the original Endorsement numbered 9 and being made a part of Certificate No. NW-0557 to the Nuclear Energy Liability Policy (Facility Workers Form). No Insurance is afforded hereunder. (

John L. Quattrocchi, Senior Vice President - Underwriting President American Nuclear Insurers Endorsement No.: 9 Countersigned by V J

NUCLEAR ENERGY LIABILITY INSURANCE NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 2002

1. ADVANCE PREMIUM: It is agreed that the Advance Premium due the companies for the period designated above is: $45,247.00
2. STANDARD PREMIUM AND RESERVE PREMIUM: In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the provisions of the Industry Credit Rating Plan, the Standard Premium is said Advance Premium and the Reserve Premium is: $34,650.00 This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Certificate of Insurance bearing the number designated hereon for insurance coverage under the Nuclear Energy Uability Policy (Facility Workers Form). No insurance is afforded hereunder.

John L. Quattrocchi, Senior Vice President - Underwriting American Nuclear Insurers Effective Date of this Endorsement: January 1,2002 To form a part of Certificate No. NW -0557 (12:01 A.M. Standard Time)

Issued To: Nine Mile Point Nuclear Station, LLC and Long Island Lighting Company Date of Issue: November 27, 2001 For the subscribing companies By 6 President Endorsement No: 10 Countersigned by ___ _____

CERTIFIED COPY

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