ML16341B225

Forwards Amend 5 to Indemnity Agreement B-75,modifying in Course of Transportation. Requests Return of One Signed Copy

ML16341B225
Person / Time
Site:	Diablo Canyon
Issue date:	10/10/1979
From:	Saltzman J Office of Nuclear Reactor Regulation
To:	Bonner J PACIFIC GAS & ELECTRIC CO.
References
NUDOCS 7911010480
Download: ML16341B225 (10)

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Docket Nos.

50-275 50-323 UNITE0 STATES NUCLEAR REGULATORY COMMlSStON WASHINGTON,D. C. 20555 00T10

]g7q Pacific Gas and.Electric Company ATTN:

Mr. J.

F.

Bonner President 77 Beale St.

San Francisco, California 94106 Gentlemen:

We are enclosing herewith an amendment to your indemnity agreement reflecting a change in 10 CFR Part 140, "Financial Protection Require-ments and Indemnity Agreements."

The amendment to Part 140, which was effective on May l, 1977, modifies the definition of "in the course of transportation" in Article I to include transportation outside the United States and supersedes the definition which included 'only trans-portation within the United States.

We Il(ould appreciate your indicating your acceptance of the amendment to your indemnity agreement in the space provided and returning one signed copy to us.

Sincerely,

Enclosure:

Amendment to Indemnity Agreement Jerome

Saltzman, ef Antitrust and In emnity Group Office of Nuclear Reactor Regulation

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UNITEDSTATES NUCLEAR REGULATORY COMM(SSION WASHINGTON, D. C. 20555 Docket Nos.

50-275 50-323 AMENDMENT TO INDEMNITY AGREEMENT NO. B-75 AMENDMENT NO.

5 Effective May 1, 1977, Indemnity Agreement No. B-75, between Pacific Gas and Electric Company and the Nuclear Regulatory Commission, dated December 31,

1975, as

amended, is hereby further amended by modifying the prefatory language of paragraph 5, Article I, to read as follows:

"In the course of transportation" means in the course of transportation within the United States, or in the course of transportation outside the United States and any other nation, including handling or temporary storage incidental thereto, of the radioactive material to the location or from the location provided that:

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION erome Saltzman, Chief Antitrust 8 Indemnity oup Office of Nuclear Reactor Regulation Accepted

, 1979 By PACIFIC GAS AND ELECTRIC COMPANY

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UNITEDSTATES NUCLEAR REGULATORYCOMMISSION 1IVASHINGTON, D. C. 20555 Docket ~~-

5 - 23 AUG 24 t97g Pacific Gas and Electric Company ATTN:

Mr. J.

F. Bonner President 77 Beale Street San Francisco, CA 94106 Gentlemen:

We are enclosing herewith an amendment to your indemnity agreement reflecting a change in 10 CFR Part 140, "Financial Protection Require-ments and Indemnity Agreements."

The amendment to Part 140, which was effective on August 1, 1977, adds a

new "Article VIII"to 5 140.92.

This article establishes, procedures that the Commission would utilize to recover retrospective premiums paid by the Government on behalf of defaulting licensees.

We would appreciate your indicating your acceptance of the amendment to your indemnity agreement in the space provided and returning one signed copy to the under signed.

Sincerely,

Enclosure:

Amendment to Indemnity Agreement Jerome

Saltzman, Chief Antitrust 8 Indemnit Group Office of Nuclear Reactor Regulation

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Docket Hos.

50-275 50-323 ANENDNEHT TO INDEMNITY AGREEHEHT HO. B-75 AMEHDNENT HO. 3 Effective August 1, 1977, Indemnity Agreement Ho. B-75, between, Pacific Gas and Electric Company, and the Nuclear Regulatory Comission.

dated December.31,

1975, as amended, is hereby further amended by adding a new Article VIIIto read as folios>s.

"ARTICLE VIII "l. If the licensee fails to pay assessed deferred premiums, the Comission reserves the r ight to pay those premiums on behalf of the licensee and to recover the amount of such premiums from the licensee.

112 113 The Corrmission sha11 require the immediate submission of financial statements by those licensees who indicate, after an assessment of the retrospective premiim by the insurance pools, that they will not pay the assessment.

Such financial statenIents shall include, as a minimum, exhibits indicating internally generated funds from operations and accumulated retained earnings.

Subsequent submission of financial statements by such licensees may be requested by the Commission, as required.

If premiums are paid by the Commission as provided in paragraph 1, payment by the Commission shall create a lien in the amount paid in favor of the United States upon all property and rights to property, whether real or personal, belonging to such licensee.

The lien shall arise at the time payment is made by the Commission and shall continue until the liability for the amount (or g judgment against the licensee arising out of such liability) is satisfied or becomes unenforceable.

The Commission will issue a certificate of release of any such lien ifit finds that the liabilityfor the amount has been Tully satisfied or has become legally unenforceable.

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NRC FQRN 318 (9-76)

WRCST 0240 4 UI 8, OOVERNMENT PRINTINO OFFICEI ISTS SES SR4

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"4. If the Commission determines that the licensee is financially able to reimburse the Commission for a deferred premium payment made in its behalf, and the licensee, after notice of such determination by the Commission fails to make such reimbursement 'ithin 120 days, the Commission will take appropriate steps to suspend the license for 30 days. The Commission may take any further action as necessary if reimbursement is not made within the 30-day suspension period including, but not limited to, termination of the operating license." FOR THE UNITED STATES NUCLEAR REGULATORY CONMSSION /SL jEBOI,'IE Sl1LI7.,",~At Jerome Saltzman, Chief 'ntitrust and Indemnity Group Office of Nuclear Reactor Regulation Accepted 5 1978 By PACIFIC GAS ND ELKTR C CONPAN Distribution: Licensee (2) PDR LPDR Docket Files Desk Indemnity IDinitz Reading AIG Reading NRR:AIG OPPICE+ IDi a oATE~.8/ /.78 NRC FORM 518 (9.76) NRCM 0240 NR. G JS mn 8/ 428......., AV $ OOVERNMENT PRINTINO OPPICE< !070 12l4024

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