ML17279A798

Forwards Endorsement 19 to Maelu Policy MF-110 & Endorsement 28 to Nelia Policy NF-270

ML17279A798
Person / Time
Site:	Columbia
Issue date:	01/27/1988
From:	Rozier Carter MARSH & MCLENNAN, INC.
To:	Dinitz I Office of Nuclear Reactor Regulation
References
NUDOCS 8802090069
Download: ML17279A798 (13)

Text

~

) ~

REGULA Y INFORMATION DISTRIBUTI YSTEM (BIDS)

P AC'CESSION NBR: 8802090069 DOC. DATE: 88/01/27 l NOTAR ZED: NO DOCKET 0

'ACIL: 50-397 WPPSS Nuclear Prospect. Unit 2i Washington Public Pore 05000397 AUTH. NAME AUTHOR AFFILIATION CARTERs R. J. Marsh 5 McLennanz Inc.

REC IP. NAME RECIPIENT AFFILIATION DKNITZT I. Qf f ice of Nuclear Reactor Regulationi Director (Post 870411

SUBJECT:

Foreards Endorsement 19 to MAELU Policy MF-110 Rc Endorsement 28 to NELIA Pol icy NF-270.

DISTRIBUTION CODE: NOOID TITLE: Insurance:

COPIES RECEIVED: LTR Indemnity/Endorsement g

Agreements ENCL I SIZE:

NOTES:

REC I P KENT COPIES REC IP IENT COPIES lD CODE/NAME LTTR ENCL ID CODE/NAME LTTR ENCL INTERNAL: NRR/PMAS/PTSB 1 1 EQ FILE 01 1 1 EXTERNAL: LPDR NRC PDR 1 1 TOTAL NUMBER OF COPIES REQUIRED: LTTR 4 ENCL 4

M & M Nuclear Consultants 222 South Riverside Plaza Chicago, Illinois 60606 Telephone 312 648-6000 January 27, 1988 Mr. Ira Dinitz Director Office of Nuclear Reactor Regulation Mail Stop 128 U. S. Nuclear Regulatory Commission Washington D.C. 20555 RE: WASHXNGTON PUBLIC POWER SUPPLY SYTTEM WORKERS CLAXMS ENDORSEMENT

Dear Xra:

On behalf of the captioned client, enclosed are two certified copies of each of the following insurance policy documents:

Polic No. End No.

NF-270 28 MF-110 19 Please call if any questions arise.

Very truly yours, R ert J. Carter uclear Consultant RJC/rg Enc.

cc: Ms. A. Maxzette Washington Public Power Supply System Mr. D. Ashburn - M&M Seattle 8 802090069 880127 05000397 PDR ADOCK PDR

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION AMENDMENT OF COVERAGE ENDORSEMENT FOR WORKERS CLAIMS (Facility Form)

PREAMBLE

1. The insurance and rating plan presently used by Nuclear Energy Liability Insurance Association ("NELIA") and Mutual Atomic Energy Liability Underwriters ("MAELU") do not make a distinction between workers claims arising from catastrophic events and those arising from lesser events;

2. NELIA and MAELU believe that the lack of such a distinc-tion will adversely affect their ability to continue to attract from world markets very large amounts of nuclear energy liability insurance for the nuclear industry;

3. NELIA and MAELU want to avoid this potential loss of capacity and to continue to nuclear energy lia-bility insurance for workers provide claims. Accordingly NELIA and MAELU desire to restructure their present insurance programs, including this policy, effective January 1, 1988.

NOW, THEREFORE, the Named Insured and the companies do hereby agree as follows:

1. DEFINITIONS When used in reference to this endorsement:

"this policy" means the policy of which this endorsement forms a part; "nuclear related employment" means all work performed at one or more than one nuclear facility in the United States of America or in connection with the transporta-tion of nuclear material to or from any such facility.

All of a worker's nuclear related employment shall be considered as having begun on the first day of such employment, regardless of the number of employers in-volved or interruptions in isuch employment; "worker" refers to a person who is or was engaged in nuclear related employment; NE-64 (1/1/88) Page 1

\

I

"workers claims" means claims for damages because of bodily injury to a worker caused by the radioactive, toxic, explosive or other hazardous properties of nuc-lear material and arising out of or in the course of the worker's nuclear related employment; "extraordinary nuclear occurrence" means an event which the United States Nuclear Regulatory Commission has determined to be an "extraordinary nuclear occurrence" as defined in the Atomic Energy Act of 1954, or in any law amendatory thereof.

2. APPLICATION OF THIS ENDORSEMENT This endorsement applies only to such insurance as is afforded by this policy for workers claims which do not arise in whole or in part out of an extraordinary nuclear occurrence.

3. EXCLUSION OF NEW WORKERS CLAIMS This policy does not apply to bodily injury to a worker which arises in whole or in part out of nuclear related employment that begins on or after January 1, 1988.

4. APPLICATION OF POLICY TO WORKERS CLAIMS NOT EXCLUDED With respect to such insurance as is afforded by this policy for workers claims which are not excluded, Insuring Agreement IV does not apply and the following Insuring Agreement IV-A does apply:

IV-A APPLICATION OF POLICY TO WORKERS CLAIMS This policy applies only to bodily injury (1) which is caused during the policy period by the nuclear energy hazard and (2) which is discovered and for which written claim is made against the insured not later than the *close

,of December 31, 1997.

5. AVAILABILITYOF SUPPLEMENTAL INSURANCE NELIA and MAELU are offering to make insurance under one or more Master Worker Policies available to all holders of Nuclear Energy Liability Policies (Facility Form).

THIS OFFER IS CONTINGENT ON SUFFICIENT SUPPORT FROM POLICYHOLDERSg AND MAY BE WITHDRAWN OR MODIFIED BY NELIA OR MAELU AS THEY DEEM NECESSARY OR APPROPRIATE.

The Master Worker Policies will provide, under their separate terms and conditions, coverage for new workers claims. Premiums will be subject to a separate Industry Retrospective Rating Plan.

NE-64 (1/1/88) Page 2

1 I

t

'I V

~

i'

4 Page 3 N

J COVERAGE UNDER THE NEW MASTER WORKER POLICIES IS NOT AUTOMATIC. A WRITTEN REQUEST MUST BE SUBMITTED TO MAELU OR NELIA THROUGH REGULAR MARKET CHANNELS.

It is understood this endorsement and agreed that all of the provisions of shall remain in full force and effect without regard to this Section 5, and without regard to whether or not the Named Insureds become insureds under the Master Worker Policies, or whether or not MAELU or NELIA terminate such policies or withdraw or modify their offer to underwrite such policies.

Executed for the companies Date /5 By

'gna ure o Autho d Officer)

Underwriting (Print or Type Name and Title of Officer)

Executed for the Named Insured

~I tlashin ton Pub1ic Power L~ 6~

Pl 0 c (Named Insured -Su PrintS stem 1

or Type) o~4 Ol g g 0 (Signature of Authorized Officer) o~w R. A. Bresnahan, Corporate Controller-o 0)

IAo (Print or Type Name and Title of Officer) g 3 Executed for the Named Insured th ~.5 M

Bonnevi11e Power Administration r

(Named Insured - Print or Type) g LQ 3 JDa~e By

<i=- .

(Signature of Authorized Officer)

(Print or Type Name and Title of Officer)

Effective Date of this Endorsement J r To form a part of Policy No 12:01 A.M. Standard Time Mashington Pub1ic Power Supply System Date of Issue For the subscribing companies I

I By /

General Manager Endorsement No 28 Countersigned by NE-64 (1/1/88)

e ll

"-),

g4 Liq

'l f "

I X, j'

Nuclear Energy Liability Insurance MUTUALATOMIC ENERGY LIABILITYUNDERWRITERS AMENDMENT OF COVERAGE ENDORSEMENT FOR WORKERS CLAIMS (Facility Form)

PREAMBLE The insurance and rating plan presently used by Mutual Atomic Energy Liability Underwriters ("MAELU") and Nuclear Energy Liability Insurance Association ("NELIA")

do not make a distinction between workers claims arising from catastrophic events and those arising from lesser events;

2. MAELU and NELIA believe that the lack of such a dis-tinction will adversely affect their ability to continue to attract from world markets very large amounts of nuclear energy liability insurance for the nuclear industry;

3. MAELU and NELIA want to avoid this potential loss of capacity and to continue to provide nuclear energy lia-bility insurance for workers claims. Accordingly MAELU and NELIA desire to restructure their present insurance programs, including this policy, effective January 1, 1988.

NOW, THEREFORE, the Named Insured and the companies do hereby agree as follows:

1. DEFINITIONS When used in reference to this endorsement:

"this policy" means the policy of which this endorsement forms a part; "nuclear related employment" means all work performed at one or more than one nuclear facility in the United States of America or in connection with the transporta-tion of nuclear material to or from any such facility.

All of a worker's nuclear related employment shall be considered as having begun on the first day of such employment, regardless of the number of employers involved or interruptions in such employment; "worker" refers to a person who is or was engaged in nuclear related employment; ME-64 (1/1/88) Page 1

"workers claims" means claims for damages because of bodily injury to a worker caused by the radioactive, toxic, explosive or other hazardous properties of nuc-lear material and arising out of or in the course of the worker's nuclear related employment; "extraordinary nuclear occurrence" means an event which the United States Nuclear Regulatory Commission has determined to be an "extraordinary nuclear occurrence" as defined in the Atomic Energy Act of 1954, or in any law amendatory thereof.

2. APPLICATION OF THIS ENDORSEMENT This endorsement applies only to such insurance as is afforded by this policy for workers claims which do not arise in whole or in part out of an extraordinary nuclear occurrence.

3. EXCLUSION OF NEW WORKERS CLAIMS This policy does not apply to bodily, injury to a worker which arises in whole or in part out of nuclear related employment that begins on or after January 1, 1988.

4. APPLICATION OF POLICY TO WORKERS CLAIMS NOT EXCLUDED With respect to such insurance as is afforded by this policy for workers claims which are not excluded, Insuring Agreement IV does not apply and the following Insuring Agreement IV-A does apply:

IV-A APPLICATION OF POLICY TO WORKERS CLAIMS This policy applies only to bodily injury (1) which is caused during the policy period by the nuclear energy hazard and (2) which is discovered and for which written claim is made against the insured not later than the close of December 31, 1997.

5. AVAILABILITYOF SUPPLEMENTAL INSURANCE MAELU and NELIA are offering to make insurance under one or more Master Worker Policies available to all holders of Nuclear Energy Liability Policies (Facility Form).

THIS OFFER IS CONTINGENT ON SUFFICIENT SUPPORT FROM POLICYHOLDERSg AND MAY BE WITHDRAWN OR MODIFIED BY MAELU OR NELIA AS THEY DEEM NECESSARY OR APPROPRIATE.

The Master Worker Policies will provide, under their separate terms and conditions, coverage for new workers claims. Premiums will be subject to a separate Industry Retrospective Rating Plan.

ME-64 (1/1/88) Page 2

I 0 \"

(

~ 4 P

Page 3 COVERAGE UNDER THE NEW MASTER WORKER POLICIES IS NOT AUTOMATIC. A WRXTTEN REQUEST MUST BE SUBMXTTED TO MAELU OR NELIA THROUGH REGULAR MARKET CHANNELS.

It this is understood endorsement shall and agreed that all of the provisions of remain in full force and effect without regard to this Section 5, and without regard to whether or not the Named Insureds become insureds under the Master Worker Policies, or whether or not MAELU or NELIA terminate such policies or withdraw or modi fy their o ffer to underwrite such policies.

EX'hcuted for the compa ies Date By 0) e,' ignature of Authorized Officer) g iting Johni L. guattrocchi, Vice President-Liability Underwr (Print or Type Name and Title of Officer)

'Executed for the Named Insured Washin ton Public Power Supply System R-- C fg (Named Insured Print or Type) of Date By g Io. (Signature of Authorized Officer)

N C ~

~

R. A. Bresnahan, Corporate Controller p (Print or Type Name and Title of Officer)

~pl xecuted co@~ r o

~g

'5 q)Ã Z l5 for the Named Xnsured Bonneville Power Administration 0 gg O

am (Named Insured Print or Type)

.~4~ - ~'te

~ P\ (g By (Signature of Authorized Officer)

/'.>-'.El o

(Print or Type Name and Title of Officer)

Effective Date of this Endorsement Januar 1, 1988 To form a part of Policy No. tlF-110 12:Ol A.M. Standard Time Issued to Mashin ton Public Power Su 1 S stem Date of Issue October 19 198?

"or the Subscribing Companies MuTUAL ATOMIC ENERGY LIABILITY ERWRITERS By Endorsement No. 19 Countersigned by Authorized Representative

>1E-64 (1/1/88)

I C I

I i C

) ~

~tJ

~'

, ft C

If I

jl 1

I,