ML17285A754

Forwards Amend 2 to Indemnity Agreement B-94,reflecting Changes to 10CFR140,effective 890701

ML17285A754
Person / Time
Site:	Columbia
Issue date:	09/25/1989
From:	Samworth R Office of Nuclear Reactor Regulation
To:	Sorensen G WASHINGTON PUBLIC POWER SUPPLY SYSTEM
References
NUDOCS 8910040211
Download: ML17285A754 (11)

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September 25, 1989 Docket No. 50-397 Mr. G. C. Sorensen

Manager, Regulatory Programs Washington Public Power Supply System P.O.

Box 968 Richland, Washington 99352 PD5 Reading MV>rg> 1io JLee RSamworth OGC E. Jordan B. Grimes ACRS [10)

SUBJECT:

WASHINGTON POWER PLANT - 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 lnsurers 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, original signed by Robert Samworth

Enclosure:

Amendment to Indemnity Agreement Robert B. Samworth, Senior Project Manager Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation

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Docket No. 50-397 UNITEDSTATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 September 25, 1989 Mr. G. C. Sorensen

Manager, Regulatory Programs Washington Public Power Supply System P.O.

Box 968 Richland, Washington 99352

SUBJECT:

WASHINGTON POWER PLANT - 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 Insureds 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 COIImIission, 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 Robert B. Samworth, Senior Project Manager Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation

Mr. G. C. Sorensen WPPSS Nuclear Project No.

2 (WNP-2)

CC'r. C. M. Powers WNP-2 Plant Manager Washington Public Power Supply System P.O.

Box 968,'MD 927M Richland, Washington 99352 Mr. G. E. Doupe, Esquire Washington Public Power Supply System P. 0.

Box 968 3000 George Washington Way Richland, Washington 99532 Mr. Curtis Eschels, Chairman Energy Facility Site Evaluation Council Hail Stop PY-ll Olympia, Washington 98504 Mr. Alan G. Hosier, Licensing Manager Washington Public Power Supply System P. 0. Box 968, MD 956B Richland, Washington 99352 Mr. A. Lee Oxsen Assistant Managing Director for Operations Washington Public Power Supply System P. 0.

Box 968, MD 1023 Richland, Washington 99352 Mr. Gary D. Bouchey, Director Licensing and Assurance Washington Public Power Supply System P. 0.

Box 968, MD 280 Richland, Washington 99352 Regional Administrator, Region V

U.S. Nuclear Regulatory Commission 1450 Maria Lane, Suite 210 Walnut Creek, California 94596 Chairman Benton County Board of Commissioners

Prosser, Washington 99350 Mr. Christian Bosted U. S. Nuclear Regulatory Commission P. 0.

Box 69 Richland, Washington 99352 Nicholas S. Reynolds, Esq.

Bishop, Cook, Purcell E Reynolds 1400 L Street NW Washington, D.C.

20005-3502

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t UNITED STATES t

NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket No. 50-397 Amendment to Indemnit A reement No. B-94 en men o.

Effective July 1, 1989, Indemnity Agreement No. B-94, between Washington Public Power Supply System and the Nuclear Regulatory Commission, dated August 25, 1982, 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 follows:

1.

"Nuclear reactor,"

"byproduct material," "person,"

"source material,"

"specia1 nuclear material,"

and "precautionary evacuation" shal'.

ha'se the 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 (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 mater ial.

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

(c)

Any issue or defense based on any statute of limitations ff 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.

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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:Ol a.m., August 25, 1982, to 12 midnight, December 19, 1983, inclusive)

$160,000,000*

(From 12:01 a.m.,

December 20, 1983, to 12 midnight, June 30, 1989 inclusive)

$200,000,000*

(From FOR THE UNITED STATES NUCLEAR REGULATORY 12:01 a.m., July 1, 1989)

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

, 1989 By as sng on u

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t UNITED STATES t

NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket No. 50-397 Amendment to Indemnit A reement No. B-94 en men o.

Effective July 1, 1989, Indemnity Agreement No. B-94, between hlashington Public Power Supply System and the Nuclear Regulatory Commission, dated August 25, 1982, 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,"

"specia't nuclear material,"

and "precaI.'tionary evac'ation" shall have the 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 (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, container s 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.

2 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 enti~ ey and the following substituted therefor:

Item 2 - Amount of financial protection a.

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

August 25, 1982, to 12 midnight, December 19,

1983, inclusive)

$160,000,000*

(From 12:01 a.m.,

December 20, 1983, 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 Develops~"

and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted

, 1989 By as langton u

ic ower upp y System tl.1977.

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