ML17305A265
| ML17305A265 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 09/26/1989 |
| From: | Chan T Office of Nuclear Reactor Regulation |
| To: | Conway W ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR |
| References | |
| NUDOCS 8910040195 | |
| Download: ML17305A265 (12) | |
Text
Docket Nos.
STN 50-528, STN 50-529
.and STN 50-530 Mr. William F.
Conway Executive Vice President Arizona Nuclear Power Project P.O.
Box 52034 Phoenix, Arizona 85072-2034
Dear Mr. Conway:
September 26, 198~
DISTRIBUTION NRC 5 LPDRs PD5 Reading MVirgilio JLee TLChan MDavis OGC E. Jordan B. Grimes ACRS (10)
IDinitz
SUBJECT:
PALO VERDE
- 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.
Sincer ely,
Enclosure:
Amendment to Indemnity Agreement cc w/enclosure:
original signed by Terence Chan Terence L. Chan, Senior Project Manager Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation QF c I
/PD5 JL
- dr 9/2.
89 MDavis 9/pQ /89 OFFICIAL RECORD COPY See next page gasp/pD5 DRSP/PD5 TLChan 9/~/89 DRSP/D:PD5
~
~
GWKnighton 9~/89 85'10040195 89'09'26 PDR ADOCK 05000528 PDC
,W
,JW W
~
~
"I 4
')f,'
J tl I
4 I',I I
'I 4
tl e
M I
I I'
I
~
~
4 4
f) ff lf I
K II,W) I f ff e'I I
I WI
~
W hl I
gW W
Itt I
).
4 ll
UNITEDSTATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20SSS September 26, 1989
~
~
I O
1 / e
+>>*++
Docket Nos.
STN 50-528, STN 50-529 and STN 50-530 Mr. William F.
Conway Executive Vice President Arizona Nuclear Power Project P.O.
Box 52034 Phoenix, Arizona 85072-2034
Dear Mr. Conway:
SUBJECT:
PALO VERDE
- 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 ener gy 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:
Ir a Dinitz, Senior Insurance/Indemnity Specialist, U.S. Nuclear Regulatory Commission, Hail Stop 12E-4, Washington, D.C.
20555.
If you have any questions about the foregoing, please contact Hr. Dinitz at 301-492-1289.
Sine e y,
Enclosure:
Amendment to Indemnity Agreement cc w/enclosure:
See next page erence L. Chan, Senior Project Manager Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation
0
Mr. William F.
Conway Arizona Nuclear Power Project Palo Ver de CC:
Arthur C. Gehr, Esq.
Snell
& Wilmer 3100 Valley Center Phoenix, Arizona 85073 Charles R. Kocher, Esq. Assistant Council James A. Boeletto, Esq.
Southern California Edison Company P. 0.
Box 800
- Rosemead, California 91770 Mr. Tim Polich U.S. Nuclear Regulatory Commission HC-03 Box 293-NR Buckeye, Arizona 85326 Regional Administrator, Region V
U. S. Nuclear Regulatory Coomission 1450 Maria Lane Suite 210 Walnut Creek, California 94596 Mr. Charles B. Brinkman Washington Nuclear Operations Combustion Engineering, Inc.
12300 Twinbrook Parkway, Suite 330 Rockville, Maryland 20852 Mr. Charles Tedford, Director Arizona Radiation Regulatory Agency 4814 South 40 Street Phoenix, Arizona 85040 Chairman Maricopa County Board of Supervisors 111 South Third Avenue Phoenix, Arizona 85003
l gP,8 BECI O~
+~
'o~
++*++
UNITEDSTATES NUCLEAR R EG ULATORY COMMISSION WASHINGTON, D. C. 20555 Docket Nos. 50-528, 50-529, 50-530 Amendment to Indemnity A reement No. 8-95 en men o.
0 Effective July I, 1989, Indemnity Agreement No. 8-95, between Arizona Public Service
- Company, Southern California Edison Company, Salt River Project Agricultural Improvement and Power District, Public Service Company of New flexico, El Paso. Electric Company, Southern California Public Power Authority, Los Angeles Department of Mater and Power and the Nuclear Regulatory Commission dated January 26, 1983 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:
I.
"Nuclear reactor,"
"byproduct material," "person,"
0source material,"
and "precautionary evacuation" 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 Workmen'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.
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) and the following substituted therefor:
Item 2 - Amount of financial protection a.
$ 1,000,000 (From 12:01 a.m.,
January 26, 1983, to 12 midnight, December 30, 1984 inclusive)
$160,000,000*
(From 12:01 a.m.,
December 31, 1984, to 12 midnight, June 30, 1989 inclusive)
$200,000,000*
(From 12:Ol a.m., July 1, 1989)
FOR THE UNITED STATES NUCLEAR REGULATORY COhNISSION Cecil 0. Thomas, Chief Policy Developmen.
and Technical Support Branch Program management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted
, 1989 Accepted
, 1989 By rizona u
ic ervice Company By ou em a i ornia ison ompa Accepted
, 1989 Accepted 1989 By a
iver roJect Agricultural Improvement and Power District By u
ic ervice ompany o
ew e
g tl,1977,th t
i1bl d yfi lip
J
Accepted
", 1989 Accepted 1989 By aso ectrs c ompany By ou em a
s ornsa u
ic ower Authority Accepted
, 1989 By os nge es epartmen o
a er and Power
t
.-C P