ML17266A031

Supports Proposed Extension of Price-Anderson Provisions Re Indemnification of Spent Nuclear Fuel,Regardless of Where Fuel Is Stored

ML17266A031
Person / Time
Site:	Saint Lucie, Turkey Point
Issue date:	01/29/1979
From:	Robert E. Uhrig FLORIDA POWER & LIGHT CO.
To:	Office of Nuclear Reactor Regulation
References
L-79-24, NUDOCS 7902080244
Download: ML17266A031 (10)

Text

REGULA Y I NFORMATI ON DISTRIBUTIO YSTEM (RI DS)

'8'f ACCFSSION NRR:7902080244 DOC.DATF ~ 79/01/29 NOTARIZED'O DOCKET 0 FACIL<50-250 Turkey Point Plant, IJnit 3, Florida Power and L'ight C 05000250 urkey Point Plant, Unit 4, Florida Power and Light C 05000251 0-33 . Luci e Plant, Unit 1, Florida Power 8, Light Co. 05000335 AUTH. NAME AUTHOR AFF ILIATION UHRIG, R.E. Florida Power 8, Light Co. ~

RECIP.NAME RFCIPIENT AFFILIATION Anti trust 8'. Indemnity Group

SUBJECT:

Supports propdsed extension of Price-Anderson Provisions re condemn.if ication of spent nuclear fuel because consistent w/

nature of the fuel 8, provides continuity of protection.

DISTRIBUTION CODEt NOOIS COPIES RECEIVED iLTR 3. ENCL M SIZE:

TITLE s INSURANCE', INDEMNITY/ENDORSEMENT AGRFEMENTS.

NOTES t RECIPIENT COP I ES RECIPIENT COP I ES ID CODE/NAME LTTR ENCL ID CODE/NAME LTTR ENCL INTERNAL> 0 REG FILF 02 NRC PDR 0 . CTN 06 SOULES,J.

EXTERNAL: 03 LPDR IAI( Q 04 NSIC Q (~y utica TOTAL NUMBER OF COPI FS REQUI RED> LTTR 6 ENCL

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P. O. Boli~ 013100, MIAMI, FL 33101 FLORIDA POWER 8( LIGHT COMPANY January 29, 1979 L-79-24 Office of Nuclear Reactor Regulation U~ S. Nuclear Regulatory Commission Washington, D. C. 20555 Att: Chief, Antitrust & Indemnification Group

Dear Sir:

Re: Proposed Extension of Price-Anderson Provisions (F. R. Vol. 44 No.5 - Monda Januar 8, 1979 Florida Power and Light Company has reviewed the above referenced request for public comment and fully supports Price-Anderson Indemnification of spent nuclear fuel, whether it is stored at the irradiation site or at another storage facility. The proposed extension is consistent with the nature of the fuel and provides continuity of protection.

lie appreciate the opportunity to comment on the proposed extension.

Since~re Vice President REU/JRP/bb REGULATORY DOCI(ET FILE COPY, 700208oal/

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~gR RE0y 0 UNITED STATES ltd C NUCLEAR REGULATORY COMMISSION 0

O WASHINGTON, D. C. 20555 Yr ie!

+y qP kp*y4 Docket No. 50-335 AUG 74 l97g Florida Power 8 Light Company ATTN: Mr. Robert E. Uhrig Vice President 9250 Flagler St.

Miami, Florida 33174 Gentlemen:

We are enclosing herewith an amendment to your indemnity agreement reflecting a change in 10 CFR Part 140, "Financial Protection Requirements 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 undersigned.

Sincerely, Jerome Saltzman, Chi Antitrust 5 Indem 'ty Group Nuclear Reactor R gulation

Enclosure:

Amendment to Indemnity Agreement

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Docket No. 50-335 ANENDflENT TO IHDEMNUY AGREEtIENT NO. 8-76 AMENDNEHT NO. 4 Effective August 1, 1977. Indemnity Agreement No. 8-76, between Florida Power and Light Company, and the Atomic Energy Commission, dated February 11, 1975, as amended, is hereby further amended by adding a new Article VIII to read as follows:

"ARTICLE VIII "1. If the licensee fails to pay assessed deferred premiums, the Commission reserves the right to pay those premiums on behalf of the licensee and to recover the amount of such premiums from the licensee.

"2. The Commission shall require the immediate submission of financial statements by those licensees who indicate, after an assessment of the retrospective premium by the insurance pools, that they will not pay the assessment. Such financial statements 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.

"3. If premiums are paid by the Commission as provided in paragraph 1, payment by the Commission shall create a '1ien 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 fs made by the Commission and shall continue until the liability for the amount (or a 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 if it finds that the liability for the amount has been fully satisfied or has become legally unenforceable.

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NRC FORM 318 (9-76) NRCM 0240 4 UI S, OOVKRNMKNTPRINTINO OPPICKI ISTS .020.124

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"4. If the Commission determines that the licensee is financially able to reimburse the Coaeission 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 within 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 4

to. termination of the operating'icense."

FOR THE UNITED STATES NUCLEAR REGULATORY COJOISSION

/sZ JEROME SALTlMAlt Jerome Saltzman, Chief Antitrust and Indemnity Group Office of Nuclear React'or Regulation Accepted , 1978

'By FLORIDA POllER AND LIGHT COMPAN Distribution:

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