ML16341F350

Forwards Amend 10 to Indemnity Agreement B-75,reflecting Changes to 10CFR140,effective 890701

ML16341F350
Person / Time
Site:	Diablo Canyon
Issue date:	09/29/1989
From:	Rood H Office of Nuclear Reactor Regulation
To:	Shiffer J PACIFIC GAS & ELECTRIC CO.
References
NUDOCS 8910040071
Download: ML16341F350 (14)

Text

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September 29, 1989 Docket Nos.

50-275 and 50-323 Mr. J.

D. Shiffer, Vice President Nuclear Generating Station c/o Nuclear Power Generation, Licensing Pacific Gas and Electric Company 77 Beale Street, Room 1450 San Francisco, California 94106

Dear Mr. Shiffer:

DISTRIBUTION NRC Imi LPDRs PD5 Reading MVirgilio JLee HRood OGC E. Jordan B. Grimes ACRS (10)

IDiinitz

SUBJECT:

DIABLO CANYON - AMENDMENT TO INDEMNITY AGREEMENT Enclosed is an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements,"

effective July 1, 1989.

The amendments to Part 140 reflect the increase from

$ 160 million to $200 million in the primary layer of nuclear energy liability insurance provided by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters.

The amendments also conform to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988," which was enacted on August 20, 1988.

Please signify your acceptance of the amendment to your indemnity agreement in the space provided and return one signed copy to the Document Control Desk, ATTN:

Ira Dinitz, Senior Insurance/Indemnity Specialist, U.S. Nuclear Regulatory Commission, Mail Stop 12E-4, Washington, D.C.

20555.

If you have any questions about the foregoing, please contact Mr. Dinitz at 301-492-1289.

Sincerely,

Enclosure:

Amendment to Indemnity Agreement cc w/enclosure:

See next page orginal sign by Harry Rood Harry Rood, Senior Project Manager Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation P/PD5 9

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UNITEDSTATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 September 29, 1989 Docket Nos.

50-275 and 50-323 Mr. J.

D. Shiffer, Vice President Nuclear Generating Station c/o Nuclear Power Generation, Licensing Pacific Gas and Electric Company 77 Beale Street, Room 1450 San Fr ancisco, California 94106

SUBJECT:

DIABLO CANYON - AMENDMENT TO INDEMNITY AGREEMENT Enclosed is an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements,"

effective July 1, 1989.

The amendments to Part 140 reflect the increase from

$ 160 million to $200 million in the primary layer of nuclear energy liability insurance provided by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters.

The amendments also conform to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988," which was enacted on August 20, 1988.

Please signify your acceptance of the amendment to your indemnity agreement in the space provided and return one signed copy to the Document Control Desk, ATTN:

Ira Dinitz, Senior Insurance/Indemnity Specialist, U.S. Nuclear Regulatory Commission, Mail Stop 12E-4, Washington, D.C.

20555.

If you have any questions about the foregoing, please contact Mr. Dinitz at 301-492-1289.

Sincere ly,

Enclosure:

Amendment to Indemnity Agreement cc w/enclosure:

See next page Harry Ro

, Senior Project Manager Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation

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Mr. J.

D. Shiffer Paci fic Gas and Electric Company Diablo Canyon CC:

NRC Resident Inspector Diablo Canyon Nuclear Power Plant c/o U.S. Nuclear Regula'tory Comission P. 0.

Box 369 Avila Beach, California 93424 Dr. R. B. Ferguson Sierra CLub - Santa Lucia Chapter Rocky Canyon Star Route Company Creston, California 93432 Ms. Sandra A. Silver 660 Granite Creek Road Santa Cruz, California 95065 Bruce Norton, Exq.

c/o Richard F. Locke, Esq.

P. 0.

Box 7442 San Francisco, California 94120 Managing Editor The Count Telegram Tribune o nson venue P. 0.

Box 112 San Luis Obispo, California 93406 Chairman San Luis Obispo County Board of Supervisors Room 270 County Government Center San Luis Obispo, California 93408 Richard F. Locke, Esq.

Pacific Gas

& Electric Company Post Office Box 7442 San Francisco, California 94120 Hr. John Hickman Senior Health Physicist Environmental Radioactive Hgmt. Unit Environmental Hanagement Branch State Department of Health Services 714 P Street, Room 616 Sacramento, California 95814 Regional Adminstrator, Region V

U.S. Nuclear Regulatory Commission 1450 Maria Lane, Suite 210 Walnut Creek, California 94596 Hr. Peter H. Kaufman Deputy Attorney General State of California 110 West A Street, Suite 700 San Diego, California 92101 Hs.

Nancy Culver 192 Luneta Street San Luis Obispo, California 93401 Michael H. Strumwasser, Esq.

Speci a 1 Ass is tant Attorney Genera 1

State of California Department of Justice 3580 Wilshire Boulevard, Room 800 Los Angeles, California 90010

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/p kp*y4 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket Nos. '50-275 50-323 Amendment to Indemnit A reement No. B-75 en men o.

0 Effective July 1, 1989, 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 as follows:

The amount

"$160,000,000" is deleted wherever it appears and the amount

"$200,000,000" is substituted therefor.

The amount

"$124,000,000" is deleted wherever it appears and the amount

"$155,000,000" is substituted therefor.

The amount "$36,000,000" is deleted wherever it appears and the amount

-"$45,000,000" is substituted therefor.

Paragraph I, Article I is modified to read as fol'lows:

1.

"Nuclear reactor,"

"byproduct material," "person," "source material,"

"special nuclear material,"

and "precautionary evacuation" shall have I.he meanings given them in the Atomic Energy Act of 1954, as

amended, and the regulations issued by the Commission.

The definition of "public liability" in paragraph 7, Article I is deleted, and the following is substituted therefor:

"Public liability" means any legal liability arising out of or resulting from a

nuclear incident or precautionary evacuation (including all reasonable additional costs incurred by a State or a political subdivision of a State, in the course or responding to a nuclear incident or precautionary evacuation),

except (I) claims under State or Federal Horkmen's Compensation Acts of employees of persons indemnified who are employed (a) at the location or, if the nuclear incident occurs in the course of transportation of the radioactive material, on the transporting vehicle, and (b) in connection with the licensee's possession, use or transfer of the radioactive material; (2) claims arising out of an act of war; and (3) claims for loss of, or damage to, or loss of use of (a) property which is located at the location and used in connection with the licensee's possession,

use, or transfer of the radioactive material, and (b) if the nuclear incident occurs in the course of transportation of the radioactive mater ial, the transporting vehicle, containers used in such transportation, and the radioactive material.

Paragraph 4(c), Article II is revised to read as follows:

(c)

Any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of'is injury or damage and the cause thereof.

b

In paragraph 1, Article VIII, the amount

"$5,000,000" is deleted and the amount

"$63,000,000" is substituted therefor.

Item 2a of the Attachment to the indemnity agreement is deleted in its entirey and the following substituted therefor:

Item 2 - Amount of financial protection a.

$ 1,000,000 (From 12:01 a.m.,

December 31, 1975, to 12 midnight, September 21, 1981, inclusive)

$ 160,000,000*

(From 12:01 a.m.,

September 22, 1981, to 12 midnight, June 30, 1989 inclusive)

$200,000,000*

(From 12:01 a.m., July 1, 1989

)

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Ana lysis St a ff Office of Nuclear Reactor Regulation Accepted

, 1989 By aci sc as an ectrsc Company g

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+**y4 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket t(os.

50-275 50-323 Amendment to Indemnit A reement No. B-75 en men o.

0 Effective July 1, 1989, 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 as follows:

The amount "$160,000,000" is deleted wherever it appears and the amount

"$200,000,000" is substituted therefor.

The amount

"$124,000,000" is deleted wherever it appears and the amount

"$155,000,000" is substituted therefor.

The amount

"$36,000,000" is deleted wherever it appears and the amount

"$45,000,000" is substituted therefor.

Paragraph 1, Article I is modified to read as follows:

1.

"Nuclear reactor,"

"byproduct material," "person," "source material,"

"special nuclear material,"

and "precautionary evacuation" shall have the IIIeanings given them in the Atomic Energy Act of 1954, as

amended, and the regulations issued by the Commission.

The definition of "public liability" in paragraph 7, Article I is deleted, and the following is substituted therefor:

"Public liability" means any legal liability arising out of or resulting from a

nuclear incident or precautionary evacuation (including all reasonable additional costs incurred by a State or a political subdivision of a State, in the course or responding to a nuclear incident or precautionary evacuation),

except (1) claims under State or Federal Morkmen's Compensation Acts of employees of persons indemnified who are employed (a) at the location or, if the nuclear incident occurs in the course of transportation of the radioactive material, on the transporting vehicle, and (b) in connection with the licensee's possession, use or transfer of the radioactive material; (2) claims arising out of an act of war; and (3) claims for loss of, or damage to, or loss of use of (a) property which is located at the location and used in connection with the licensee's possession, use, or transfer of the radioactive material, and (b) if the nuclear incident occurs in the course of transportation of the radioactive

material, the transporting vehicle, containers used in such transportation, and the radioactive material.

Paragraph 4(c), Article II is revised to read as follows:

(c)

Any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his injury or damage and the cause thereof.

't

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In paragraph 1, Article VIII, the amount

"$5,000,000" is deleted and the amount

"$63,000,000" is substituted therefor.

Item 2a.of.the Attachment to the indemnity agreement is deleted in its entirey

.and the following substituted therefor:

Item 2 - Amount of financial protection a.

$1,000,000'From 12:01 a.m.,

December 31, 1975, to 12 midnight, September 21,

1981, inclusive)

$160,000,000*

(From 12:01 a.m.,

September 22, 1981, to 12 midnight, June 30, 1989 inclusive)

$200,000,000*

(From 12:Ol a.m., July 1, 1989

)

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION 4

Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted

, 1989 By ac> ic as an ectrsc Company g

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