ML17244A517

Forwards Amend 8 to Indemnity Agreement B-38,per 10CFR140 Changes,Re Liability Insurance Increase from $140 Million to $160 Million,Effective 790501.Supporting Documentation Encl

ML17244A517
Person / Time
Site:	Ginna
Issue date:	05/01/1979
From:	Saltzman J Office of Nuclear Reactor Regulation
To:	Kennedy J ROCHESTER GAS & ELECTRIC CORP.
References
NUDOCS 7905160186
Download: ML17244A517 (9)

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NUCLEAR REGULATORYCOMMISSION WASHINGTON, D. C. 20555 Docket No. 50-244

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REGULATORY DOCKET FlLE COP Corporation ATTN:

Nr. J.

L. Kennedy Vice President, Rates 8

Governmental Affairs 89 East Avenue Rochester, New York 14649 Gentlemen:

We are enclosing herewith an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, "Financial Protection Require-ments and Indemnity Agreements," effective Hay 1, 1979.

The amendments to Part 140, a copy of which is also enclosed, give effect to the increase from $140 million to

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

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

.If you have any questions about the foregoing, please contact us.

Sincerely, Jerome

Saltzman, Ch f Antitrust & Indemn ty Group Office of Nuclear eactor Regulation

Enclosures:

l.

Amendment to Indemnity Agreement 2.

Amendment to 10 CFR Part 140

4 Docket No. 50-244 AMENDMENT TO INDEMNITY AGREES'1ENT NO. 8-38 AMENDMENT NO. 8 Effective May 1. 1979, Indemnity Agreement No. 8-38, between Rochester Gas 8 Electric Corporation and the Atomic Energy Commission, dated March 21, 1969, as

amended, is hereby further amended as follows:

o The amount "$140,000,000" is deleted wherever it appears

-and the amount "$160,000,000".is substituted therefor.

The amount "$108,500,000" is deleted wher'ever it appears and the amount "$124,000,000" is substituted therefor.

The amount "$31,500,000" is deleted wherever it appears and the amount

"$36,000,000" is substituted therefor.

Item Za of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:

Item 2 - Amount of financial protection a.

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

March 21, 1969, to 12 midnight, September 18, 1969, inclusive)

$82,000,000

$95,000,000

$110,000,000 (From 12:Ol a.m.,

September 19, 1969, to 12 midnight, February 29, 1972, inclusive)

(From 12:01 a.mot March 1, 1972, to 12 midnight, February 28, 1974, inclusive)

(From 12:01 a.m.,'March 1, 1974, to 12 midnight, March 20, 1975, inclusive)

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(From 12:01 a.m., tlarch 21, ~1975, to, 12 midnight, April 30,.1977, inclusive)

(From 12:01,'a.m.,

Hay 1, 1977, to 18 midnight, April,30,-1979.,

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(From 12:01 a.m.,

Hay 1, 1979)

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION

/Sl JEPIOME SALTZMAN Jerome

Saltzman, Chief Antitrust 8 Indemnity Group Office of Nuclear.Reactor Regulation Accepted

, 1979 By ROCHESTER GAS 5 ELECTRIC CORPORATION Distribution:

Licensee (2).

'PDR NRC PDR IDinitz Reading-AIG Reading AIG Indemni ty Docket Files OELD Desk

• and, as of August 1, 1977, the amount available as'econdary financial protection.

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This document has been reviewed in accordance with FmHA instruction 1901-G. "Environmental Impact Statements." lt is the determination of FmHA that this action does not constitute a major Federal action significantly affecting the quality of the human environment and in accordance with the National Environmental Policy of 1969, Pub. L 91-190, an Environmental Impact Statement is not requirerL Authorities: (42 US.C. 14afL delegation of authority by the Secretary of Agricu)ture, 7 CFR 223: delegation of authority by the Assistant Secretary for Rural Development. 7 CFR 2.70)

Dated; March 30. 1979.

Gonko Cavsasurh, Adsvhisou>or. Famisis H ass Admiaisoocioa frs HAIasuuctioa seas) fraDoc rc-tOMt ritsd~ tsSS am) elLUlso coos sstDOrw kUCLEAR REGULATORY COMMISS)ON 10 CFR Part 140 Flnandal Protect)on RtN[u)rements and lndemnlty Agreements; M)sce))aneous Amendments AQENcY: US. Nudear Regulatory Commission.

Acrtorc Final Rule.

SUMMARY

The provisions of Section 170 of the Atomic Energy Act of 1954, as amended, require production and utilization facilitylicensees to have and maintain finandal protection to cover, public liabilityclaims resulting from a nuclear incident.

The Nuclear Regulatory Commission is amending its regulations to increase the level of the primary layer of financial protection required of certain indemnified licensees. The Commission is amending its regulations at the present time to coincide, as statutorily required. with the increase in the level of the primary layer of insurance provided by private nudear ((ability insurance pools.

EFFECTTVE OATE: May 1. 1979.

FOR FUrryr)ER iNFORMATiONCONTACT:

Mr. Ira Dinitz, Antitrust and Indemnity Group, U.S. Nuclear Regulatory Commission. Washiington. DC 20555.

(Phone: 301&92-8336).

sUPPLEMENTARY iNFQRMATioN: The provisions of Section 170 of the Atomic Energy Act of 1954, as amended, (the Act) require production and utilization facilitylicensees to have and maintain financial protection to cover public liabilitydaims resulting from a nuclear incident. Section 170 of the Act. requires the Nuclear Regulatory Commission to indemnify the licensee and other persons indemnified, up to the statutory limitation on liability,against public liabilitydaims in excess of the amount of financial protection required.

Subsection 170b. of the Act requires that for facilities designed for producing substantial amounts of electricity and having a rated capacity of 100 electrical megawatts or more, the amount of financial protection 'equired shall be the maximum amount available from private sources. For other licensees, the Commission may require lesser amounts of financial protection: Primary finandal protection may be in the form ofprivate insurance. private contractual indemnities, self-insurance or other proof of financial responsibility, or combination of such measures.

The insurers who provide the nudear liabilityinsurance. American Nuclear Insurers (ANI)and Mutual Atomic Energy LiabilityUnderwriters (MAELU).

have advised the Commission that effective January 9, 1979, the maximum amount ofprimary nudear energy liabilityinsurance available,was increased from $140 million to $180 million.Pursuant to the provisions of subsection 1/Ob,of the Act. thL amount ofprimary financial protection required for fad)[ties having a rated capadty of 100 electrical megawatts or more willbe increased to $160 million, effective May 1, 1979. In addition, in compliance with 10 CFR Part.140. those persons licensed to possess plutonium in the amount of 5..

kilograms or more and persons I)censed to process plutonium in the amount of 1 kilogram or more for use in plutonium processing and fuel fabrication plants willalso be required to provide finandal protection in the amount of $160 million.

Since the amendments set out below conform the Commission's regulations to a statutory requirement, the Commission has found that good cause exists for omitting a value/impact analysis, public notice of proposed rule making and public procedure thereon as unnecessary.

Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended,

'he hct does not by its predsc ianguagc require maintenance of a -pnmary" (Lc nudcar iiabllity insurance) )eyer and a "sccondaty" ti.e retrospective premium) )eyer of finandai protection but merely considers the combination of these two layers as "financial protection." However. 10 CRt Patt 1etL of the Commission's regulations that imp)ament thc hct. distinguishes between the primary and secondary layers offinandal protection. Thc amendments in this rule relate soiciy to increases in thc primary layer of financial protection.

and sections 552 and 553 ofTitle 5 of the United States Code, the following amendments to Title 10, Chapter I, Part 140, Code ofFederal Regulations, are published as a document subject to codification.

f 14O.11

[Atnendedl

1. Section 140.11(a)(4) is amended by deleting "$140,000,000" and substituting therefor "$160,000,000."

$ 140.13a

[Ainendodl

2. Section 140.13a(a) is amended by deleting the term '$140,000,000" and substituting therefor "$160,000,000."

$ 140AI1

[Amendodl

3. In 5 140.91, Appendix A, Condition 4 is amended by revising the footnote to read as follows: "For policies issued by Nudear Energy Liability-Property Insurance Association the amount will be "$124,000.000"; for policies issued by Mutual Atomic Energy Liability Underwriters, the amount willbe

"$36,000,000."

4. In $ 140.91. Appendix A. paragraph m of the "Optional Amendatory Endorsement" is amended by rev)sing the footnote to reed as follows:

"For policies issued by Nuclear Energy Liability-Property Insurance Association the amount willbe "$124,000,000'", for policies issued by Mutual Atomic Energy LiabilityUnderwriters the amount willbe "$38,000,000."

$ 140.92

[Amendod]

'. Section 140.92, Appendix B, Artide ILparagraph 8(a), is amended by deleting the amount '$106,500,000" wherever it appears and substituting therefor "$124,000,000."

6. Section 140.92, Appendix B, Article II. paragraph 8(b), is amended by deleting the amount "$31,500,000" wherever it appears and substituting therefor "$36,000,000."

7. Section 140.92, Appendix B, Artide IL paragraph 8(c), is amended by changing the amount "$140,000,000" to

"$160,000,000."

8. Section 140.92, Appendix B, Artide III,paragraph 4(b)(2), is amended by changing "$140,000,000" to

"$180,000,000."

f 140.93

[Atttended)

9. Section 140.93, Appendix C, Artide II. paragraph 8, is amended by changing

"$140,000,000" to "$160,000.000."

10. Section 140.93, Appendix C. Artide III,paragraph 4(b)(2). is amended by changing "$140.000,000" to

"$160,000,000."

Federal R

/ Vol. 44. No. 88 / Friday, April 8. 1979 / Rules d Regttiattons

'a.

~,

i) 140.94

[Amendedl

11. Section 140.94. Appendix D. Article II. paragraph

8. is amended by changing

"$140,000.000" to "$160.000,000."

l) 140.95 IAmendedl

12. Section 140.95. Appendix E. Article DI, paragraph 4(b)(2), is amended by changing "$140,000,000" to

"$160,000.000."

II 14L107 IArnendedl

13. Section 140.107, Appendix G.

Article II, paragraph 8(a), is amended by deleting the amount "$108,500,000" wherever it appears and substituting therefor "$124.000.000."

14. Section 140.107, Appendix G.

Article II. paragraph 8(b), is amended by deleting the amount "$31,500,000",

wherever it appears and substituting therefor "$38,000,000."

15. Seclion 140.107. Appendix G, Article III.paragraph 8(c), is amended by changing the amount "$140.000,000" to "$160.000,000."

18. Section 140.107. Appendix G, Article III,paragraph 4(b). is amended by changing the amount "$140,000,000" to '$160,000.000."

f 14L108

[Amendedl

17. Section 140.108, Append)x G.

ArticleII. paragraph

6. Is amended by, changing the amount "$140,000.000" to

"$180,000.000."

18. Section'140.108, Appendix H, Article III,paragraph 4(b), is amended by changing the amount "$140,000.000" to "$160,000,000."

EFFEOTIYE oATa The foregoing amendments become effective on May 1.

1979.

(Secs. 181. Pub. L 83-703. 88 Stat. 948 (42 U.S.C 2201); Sec. 170,'ub. L 85-258, 71 StaL 578. Pub..L 94-197. 89 Stat. 1111 (42 U.S.C.

2210); Sec. 201. Pub. L 93-I3ILai amended, 88 Stat.124?

89 Stat. 415 (42 U.S.C 5841))

Dated et Washington, D.C., thfa 2nd day of April1979.

For the Nuclear Regulatory Commission.

Sasasal f. CMta, Secretary ofate Caamsriuioa IFR nor ro tosaa Ried~ <<aa arel SllLN4 COOS 7~1M FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Parts 307 and 327 Assumption and Assessment of Deposit Liabilities of Insured Banks; Voluntary Termination of-Insurance Status AOENCY: Federal Deposit Insurance Corporation.

ACTION:Final rule.

8UMMARY The Federal Deposit Insurance Corporation has decided to revise and amend

$ I) 307.3 and 327.2(b)(3) of its regulations to: (1) implement Sections 304 and 310 of the Financial Institutions Regulatory and Interest Rate Control Act of 1978 (FIRIRCA) which pertain to the assumption and assessment of deposit liabilities of insured banks. and (2) correct an inaccurate reference.

EFFEOTIYE oATE:April8, 1979.

FOR FURTHER INFORMATIONCONTACl.

Jerry L Langley, Senior Attorney, Federal Deposit Insurance Corporation.

550 17th Street, N.W., Washington, D.C.

20429. telephone (202) 389-4237.

sUPPLEMENTARY.INFoRMATloN:Section 304 ofFIRIRCA amends Section 8(q) of the Federal Deposit Insurance Act (FDI Act) to provide that whenever the deposit liabilities of an insured bank are assumed by another insured bank whether by merger. consolidation. or other statutory assumption, or by contract: (1) the insured status of the bank whose deposits are assumed shall terminate on the date the Corporation receives satisfactory evidence of the assumption; (2) the separate insurance of all insured deposits so assumed shall

'erminate six months after the date the assumption takes effect or. In the case of any time deposit, the'earliest.maturity date after the six-month period; and (3) the continuing bank shall give notice of the assumption to the depositors of the bank whose deposits are assumed within 30 days after the assumption takes effecL Section 307.3 has been revised to implement these provisions and to correct an incorrect citation by changing the reference "I) 3043 (s) and (t)" in Section 307.3(b) to "5 304.3 (u) and (v)".

Section 310 of FIRIRCA amends Section 7 of the FDI A'ct to exclude deposits accumulated for the repayment of personal loans from the definition of deposits for insurance assessment purposes.'Section 3272(b)(3) of FDIC's regulations has been amended to 'aline its definition of the term "deposit" for assessment purposes with that of Section 310 of FIRIRCA.

Since the changes are procedural in nature or necessitated by statutory amendment.

the Board of Directors of the Federal Deposit Insurance Corporation has determined. under Section 302.8 of its rules and regulations (12 CFR 5 302.6), that notice of. and public participation in, this rulemaking is unnecessary and that good cause exists for the waiver of the 30-day deferral of the effective date for the changes.

Accordingly, 12 CFR 307.3 and 327.2 subparagraph (b) are changed as follows:

PART 307VOLUNTARY TERMINATIONOF INSURANCE STATUS

1. 12 CFR 307.3 is revised to read:

II 3074 Steps to be taken end records to

~

be furnished the Corporation where deposits are assumed by another Insured bank.

(a) Whenever the deposit liabilities of an insured bank are assumed by another insured bank whether by merger.

consolidation. or other statutory assumption, or by contract. the continuing bank shall give notice of the assumption to the depositors of the bank whose deposits are assumed within 30 days after the assumption takes effect.s Such notice shall be (1) mailed to each depositor at the depositor's last address ofrecord as shown upon the books of the bank (2) published in not less than two iss'ues of a local newspaper of general circulation, and (3) in form substantially as follows:

(Date)

Notice to Depositors:

Please be advised that the deposit liabilities shown on the books of (Name of Assumed Bank)

(City or town)

(State) aa of close of buslneII on.

za-have acta assumed by the undersigned bank. The Insured status of (Name of assumed bank) willterminate at the-time provided ln section 8(ql of the Federal Deposit Insurance Act.

The separate Insurance of ita deposits will therefore terminate at the end of abc months from the above date or, In the case of a time deposit, the eariiest maturity date after the

~ six-month period.

You are advised that the undersigned bank is an insured bank and that your deposits will continue to be insured by the Federal Deposit Insurance Corporation In the manner and to the extent provided in said Act.

(Name ofBank)

'Address)

There may be included in such notice any additional information or advice the bank may deem desirable.

'Itte notice requirement does not apply to "phantom-bank mergers as defined In footnote 2a of Secttoa SCLTI(a)(9I.

>i(

'ederal Register /'Wl. 44. No. 80 / Tuesdav. April 24. 1979 ules and Regulations 24045 NUCLEAR REGULATORY COMMISSION 10 CFR Part 140 Financial Protection Requirements and Indemnity Agreements; Miscellaneous Amendments Correction In FR Doc.79-108S3, appearing at page 20632. in the issue of Friday, April

6. 1979, on page 20633; make the followingcorrections:

(1) In the first column in paragraph 15, in the second line. correct "ArticleIll"to read "ArticleII".

(2) In paragraph

17. in the first line.

correct "Appendix G" to read "Appendix H".

BILUSSO CODE 150541 M

DEPARTMENT OF ENERGY 10 CFR Part 20$

Administrative Procedures and Sanctions; 1979 Interpretations of the General Counsel AoENGY: Department of Energy.

AGTIoN: Notice of Interpretations.

sUMMARYIAttached is the Interpretation issued by the Office of General Counsel of the Department of Energy under 10 CFR Part 205, Subpart F. during the period March 1. 1979. through March 31, 1979.

Appendix 8 identifies those Requests for Interpretation which have been dismissed during the same period.

FOR FURTHER INFORMATIONCONTACT:

Diane Stubbs. Office of General Counsel. Department of Energy. 12th &

Pennsylvania Avenue NW.~ Room 1121.

Washington. D.C. 20461 (202) 633-9070.

SUPPLEMENTARY INFORMATION:

Interpretations issued pursuant'to 10 CFR Part 20S. Subpart F, are published in the Federal Register in accordance with the editorial and classification criteria set forth in 42 FR 7923 (February 8, 1977), as modified in 42 FR 46270 (September 15. 1977).

These Interpretations depend for their authority on the accuracy of the factual statement used as a basis for the Interpretation (10 CFR 205.84(a)(2)) and may be rescinded or modified at any time (5 205.85(d)). Only the persons to whom Interpretations are addressed and other persons upon whom Interpretations are served ase entitled to rely on them (5 205.85(c)). An Interpretation is modified by a subsequent amendment to the regula tion(s) or ruling(s) interpreted thereby to the extent that the.

Interpretation is inconsistent with the amended regulation(s) or ruling(s)

(I) 205.85(e)). The Interpretations published below are not subject lo appeal.

Issued in Washington. D.C. ~ April10, 1979.

ev~A.~. Is.

rississons Crnrrol Coonsol for lmrrpreiouons ond Rvliogs 0!ficoorasnoroi Covnsot.

for the sale of motor gasoline would constitute the imposition of 6 snore stringent credit term than the credit Ierins in effect on Msy 15. 1973. in violation of $ 210.62ls).

The General Allocation and Price Rules. sei forth at 10 CFR Part 210 snd adopted on january 14. 1974. 39 FR 1924 Ilsnusry 15.

1974). were intended Io set forih the provisions applicable Io both the Mandatory Petroleum Allocation Regulations (10 CFR Part 211)snd Ihe Mandatory Petroleum Price Regulations (10 CFR Part 212). The allocation snd price regulations were adopted to implement the statutory mandate of Section 4(s) of the Emergency Petroleum Allocation Act of 1973 (EPAA). as amended. Pub. L Na 93-159 (Noveinber 27.

1973).'ection 210.82(s) regulates credit terms as s function of price in recognition of the varying roles that credit snd other conditions of sale play in the flow of product.- Section 210.62(s) provides in relevant part:

"Suppliers willdeal with purchasers of an allocated product <<ccording to noimsl business practices in effect during the base period specified in Part 211 for that allocated product. snd no supplier insy modify any normal business practice so aS to reSult in Ihe circumvention of any provision of this chapter.... Credit teims other than those associated with seasonal credit programs are included as 6 part of Ihe Msy 15, 1973 p'rice charged to s c)sss of purchaser under Part 212 of this Chapter. Not) lng in this paragraph shall be construed Io require suppliers to sell Io purchasers who do not arrange proper credit or payment for allocated products, as customarily associated with that class of pwchsser...

onMsy15.1973....

However. no supplier may require or impose more stringent credit terms or payment schedules on purchasers than those ln effect for that class of purchaser...

on Msy 15.

1973....

According to the facts presented by Sinclair. neither si the present lime nor on Appcsndtx A-Intcrprciatlons To Oaie Category Fae No, lnietprststioa 1979-5 Tot Sinclair Oil Corporation Regulation Interpratedi 10 CFR 210.82(s)

Code: GCWPlNormal business practices Facts The Sinclair Oil Corporation. s small snd independent refiner subject Io 10 CFR Part 212. Subpart E. markets petroleum products through iis subsidiary. Sinclair Marketing.

Inc. ISinclsirl. Since May 1973. Sine)sir'e standard contracts with jobbers snd dealers for the sale of motor gasoline have required psymeni in full within 30 days. Payment in full within 10 days hss entitled s purchaser Io s 1 percent discount on Ihe purchase pncs.

Sinclair hss considered an account outstanding for more than 30 days Ia be in default sna subject io suit. In that. instance.

collection costs would be assignable to the account. At the present tiine. Sloe)s)r desires to modify its standard contracts for the sale of motor gasoline Io require s finance charge of one snd one. half (1Q) percent month)y on the balance of sll accounts not paid within 30 days. No other credit Icrins are Io b'e changed.

Issue Does Sinclair's proposal Io assess 6 finance charge on sll d'elinqueni accounts constitute the imposition of s more stringent credit term than the credit terms in effect on Msy 1S.

1973. within the meaning of 10 CFR "10.82(s)?

Interpretation For the reasons sei forth below, the Department of Energy (DOE) hss determined that Sinclair'5 inclusion of s 1uc percent monthly finance charge on ail accounts noi paid within 30 days in iis standard contracts

.. Sncsav os corporacon..

Marcrs s rssoa A~s

'15 U.S,C. 751 el sec. IIgys).

'Since the decision by ihc Temporary Emergency Court of Appeals in htarathan OilCa v. FEB. 547 F.A 1140 ITECA 19".6). Ihcic can be no doubt concctnmg the authority of ibc Federal Energy Administration IFEA) and Iis successor.

the DOE io icguisic credit terms Inddcnt io the mandatory pcindcum price regulations. In addition. the DOE hss resolved iaaucs simdar ic the one presented by Sino)sin canccmtsg whether changes in cscd)I ianna arc permissible in view of the provisions of 1 210.82ia). Sca Exxon Company. VS%

2 DOE

$60.150 (Ociobcr ea. Tgys); Crystal OilCa, I FEA 120.161 (Ociobcr IL Igy4).!n Oil Transit Corp:.

Interpretation 1977-05. 42 FR 54269 IOctaber S.

I9"). the DOE tound ihai scqulring purchasers of moicr gasoline io incur for ihc Asst time the adsotsonal cost of obtaining Icucis of credit gusramccing paymcni io Oil Transu would have the cftcci of imposing a more <<nnaeui credit icim '.han the credit icims in citeci on stay is. Ism. in violadcsi of $ 210.82jal, However. the DOE has nci previously considered a case such sa the present one where the proposed change m credit!csms would apply c'rdv after ibc purchase pncc I" duc in

!uii,