ML17328A201
| ML17328A201 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 10/11/1989 |
| From: | Gitter J Office of Nuclear Reactor Regulation |
| To: | Alexich M INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG |
| References | |
| NUDOCS 8910230242 | |
| Download: ML17328A201 (10) | |
Text
October ll, 198
'ocket Nos.
50-315/316 Mr. Milton P. Alexich Indiana Michigan Power Company c/o American Electric Power Service Corporation 1 Riverside Plaza
- Columbus, Ohio 43216 I,A
Dear Mr. Alexi ch:
C
SUBJECT:
D.
C.
COOK NUCLEAR 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 Insurers and Mutual Atomic Energy Liability Underwriters.
The amendment also conforms 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,
Enclosure:
Amendment to Indemnity, Agreement cc w/enclosure:
See next page r,q<)Iq~lIP) P',~jlliig4P Joseph G. Giitter, Project Manager Division of Reactor Projects - III, IV, V 8 Special Projects Office of Nuclear Reactor Regulation DISTRIBUTION PSHUTTLEWORTH JGIITTER OGC ACRS(10)
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Docket Nos.
50-315/316 i
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, O. C. 20555 October 11, 1989 Mr. Milton P. Alexich Indiana Michigan Power Company c/o American Electric Power Service Corporation 1 Riverside Plaza
- Columbus, Ohio 43216
Dear Mr. Alexich:
SUBJECT:
D.
C.
COOK NUCLEAR 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 Insurers and Mutual Atomic Energy Liability Underwriters.
The amendment also conforms 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.
Nuc'lear 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,
Enclosure:
Amendment to Indemnity Agreement cc w/enclosure:
See next page Joseph G. Giitter, Project Manager Division of Reactor Projects - III, IV, V 8 Special Projects Office of Nuclear Reactor Regulation
Mr. Milton Alexich Indiana Michigan Power Company Donald C.
Cook Nuclear Plant cc:
Regional Administrator, Region III U.S.
Nuclear 'Regulatory Commission 799 Roosevelt Road Glen Ellyn, Illinois 60137 Attorney General Department of Attorney General 525 West Ottawa Street Lansing, Michigan 48913 Township Supervisor Lake Township Hall Post Office Box 818 Bridgman, Michigan 49106 W.
G. Smith, Jr., Plant Manager Donald C.
Cook Nuclear Plant Post Office Box 458 Bridgman, Michigan 49106 U.S. Nuclear Regulatory Commission Resident Inspectors Office 7700 Red Arrow Highway Stevensville, Michigan 49127...-
Gerald Charnoff, Esquire
- Shaw, Pittman, Potts and Trowbridge 2300 N Street, N~W.
Washington, DC 20037 Mayor, City of Bridgman Post Office Box 366 Bridgman, Michigan 49106 Special Assistant to the Governor Room 1 - State Capitol Lansing, Michigan 48909 Nuclear Facilities and Environmental Monitoring Section Office Division of Radiological Health Department of Public Health 3500 N.
Logan Street Post Office Box 30035
- Lansing, Michigan 48909 Mr.
S.
Brewer American Electric Power Service Corporation 1 Riverside Plaza
- Columbus, Ohio 43216
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o n )fy*y4 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket Nos. 50-315 50-316 Amendment to Indemnit A reement No. B-61 en men o.
Effective July 1, 1989, Indemnity Agreement No. B-61, between Indiana and Mfchagan Company, Indiana and Michigan Electric Company, and the Atomic Energy Commission, dated May 26, 1972 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,"
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 fI'cm a
nuclear incident or precautionary evacuation (including all reasonable additional costs incurred by a State or a po'lftfcal subdivision of a State, fn 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 fn 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 entirey and the following substituted therefor:
Item 2 - Amount of financial protection a.
$ 1,000,000 (From 12:01 a.m.,
May 26, 1972, to 12 midnight, October 24,
- 1974, inclusive)
$110,000,000
$125,000,000
$140,000,000" (From 12:01 a.m.,
October 25, 1974, to 12 midnight, March 20,
- 1975, inclusive)
(From 12:01 a.m.,
March 21, 1975, to 12 midnight, April 30, 1977 inclusive)
(From 12:01 a.m.,
May 1, 1977, to 12 midnight, April 30, 1979 inclusive)
$160,000,000*
(From 12:01 a,m.,
May 1, 1979, to 12 midnight, June 30, 1989 inclusive)
$200,000,000*
(From 12:Ol a.m., July 1, 1989)
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted
, 1989 Accepted
, 1989 By n sana an ic gan ower Company By n sana an c
gan ec roc Company
- and, as of August 1, 1977, the amount available as secondary financial protection.
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+**y4 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, O. C. 20555 Docket Nos.
50-315 50-316 Amendment to Indemnit A reement No. B-61 en men o.
Effective July I, 1989, Indemnity Agreement No. B-61, between Indiana and Michagan
- Company, Indiana and Michigan Electric Company, and the Atomic Energy Coamission, dated May 26, 1972 as
- amended, is hereby further amended as follows:
The amount
"$160,000,000" is deleted wherever it appears ard 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,"
"special nuclear material, and "pi ecautionary 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
nucleat 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 (I) 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 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 entirey and the following substituted therefor:
Item 2 - Amount of financial protection a.
$ 1,000,000 (From 12:Ol a.m.,
May 26, 1972, to 12 midnight, October 24, 1974, inclusive)
$110,000,000
$125,000,000
$140,000,000*
$160,000,000*
(From 12:01 a.m., October 25, 1974, to 12 midnight, March 20, 1975, inclusive)
(From 12:01 a.m.,
March 21, 1975, to 12 midnight, April 30, 1977 inclusive)
(From 12:01 a.m.,
May 1, 1977, to 12 midnight, Apei1 30, 1979 inclusive)
(From 12:01 a.m.,
May 1, 1979, 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 Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted
, 1989 Accepted
, 1989 By n sana an c agan ower Company By n
ana an ic gan ec r c Company
- and, as of August 1, 1977, the amount available as secondary financial protection.
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1 UNITEDSTATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket Nos.
50-315 50-316 Amendment to Indemnft A reement No. B-61 en men o.
Effective July 1, 1989, Indemnity Agreement No. B-61, between Indiana and Mfchagan
- Company, Indiana and Michigan Electric Company, and the Atomic Energy Comofssfon, dated May 26, 1972 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,"
"special nuclear materfal,"" and "prechutfonary'vacuation" 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 pr ecautionary 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 fs 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 ther~for.
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 12:01 a.m.,
May 26, 1972, to 12 midnight, October 24, 1974, inclusive)
$110,000,000
$125,000,000
$140,000,000*
(From 12:01 a.m., October 25, 1974, to 12 midnight, March 20, 1975, inclus ive)
(From 12:Ol a.m.,
March 21, 1975, to 12 midnight, April 30, 1977 inclusive)
(From 12:01 a.m.,
May 1, 1977, to 12 midnight, April 30, 1979 inclusive)
$160,000,000*
(From H
12:01 a.m.,
May 1, 1979, to 12 midn1gh't, 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 Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted
, 1989 Accepted
, 1989 By n ~ana an
>c agan ower Company By n lana an 1c gan ectrsc Company
- and, as of August 1, 1977, the amount available as secondary financial protection.