ML17328A212
| ML17328A212 | |
| Person / Time | |
|---|---|
| Site: | Cook  |
| Issue date: | 10/26/1989 |
| From: | Kearney R AMERICAN ELECTRIC POWER SERVICE CORP. |
| To: | Dinitz I NRC |
| References | |
| NUDOCS 8911020279 | |
| Download: ML17328A212 (8) | |
Text
DOCKET 05000315 05000316
SUBJECT:
Forwards Amend 11 to Indemnity Agreement B-61.
DISTRIBUTION CODE:
M001D COPIES RECEIVED:LTR ENCL SIZE:
TITLE: Insurance:
Indemnity/Endorsement Agreements
,>>'CCELERATED DISFPIBUTION DEMONSTR ON SYSTEM REGULATOR.
NFORMATION DISTRIBUTION TEM (RIDE)
ACCESSION NBR:8911020279 DOC.DATE: 89/10/26 NOTARIZED: NO FACIL:50-315 Donald C.
Cook Nuclear Power Plant, Unit 1, Indiana 50-316 Donald C.
Cook Nuclear Power Plant, Unit 2, Indiana AUTH.NAME AUTHOR AFFIL'IATION KEARNEY,R.B.
American Electric Power Service Corp.
RECIP.NAME RECIPIENT AFFILIATION DINITZ,I.
NRC No Detailed AffiliationGiven NOTES:
RECIPIENT ID CODE/NAME INTERNAL: NRR/PMAS/PTSB12 EXTERNAL: LPDR COPIES LTTR ENCL 1
1 1
1 RECIPIENT ID CODE/NAME EG FILE 01 NRC PDR COPIES LTTR ENCL 1
1 1
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LTTR 4
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AmerlcanElectrlcPo o
Service Corporation 1 Riverside Plaza Columbus, OH 43215 614 223 1000 Writer's Direct Diat tfo.
(614) 223-1698 A. Joseph Dowd Scocoe Vcce ececceue eoe Cceeccc cooeocc John F. DiLorenzo, Jr.
vee ececcecee, ccccccce oor Accoclc'o Ccceccc Ccolcce John B. Shinnock Jeffrey P. White Edward J. Brady Thomas S. Ashford Earl Goldhammer rcc Coooccc Michael R. Luis Acucccce roc Ceooccc Robert W. Harmon Rachel B. Kearney Jeffrey D. Cross Marvin I. Resnik Kevin F. Doily Scceec lance Cccecccc James R. Bacha Kenneth E. McDonough Kevin D. Mack Bradford R. Signet Timothy A. King Barbara A. Belville Ann B. Grat David R. Gallo John M. Adams, Jr.
Mr. Ira Dinitz Senior Insurance/Indemnity Specialist U. S. Nucleax Regulatory Commission Mail Stop 12E-4 Washington, D. C.
20555 October 26, 1989 Re:
D. C.
Cook Nuclear Plant Amendment to Indemnity Agreement
Dear Mr. Dinitz:
As we discussed by telephone today, the amendment to the indemnity agreement should xeflect the licensee's current name:
Indiana Michigan Power Company.
Indiana 6 Michigan Electric Company changed its name to Indiana Michigan Power Company on September 10, 1987.
The corporate entity named "Indiana and Michigan Power Company" is no longer in existence.
I have marked-up the amendment to the indemnity agreement to reflect this change.
Thank you for your assistance.
Very truly yours,
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Rachel B. Kearney RBK/baw
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Docket Nos.
50<<315 50-316 II'lI
~'l UNITEDSTATES NUCLEAR REGULATORYCOMMISSION WASHINGTON 0: C:1065S.;:9".,~r~"-+;~g, f'll,",.
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All references to "Indiana and Hichigan Power Company" and "Indiana and Michigan Electric Company" shall be changed to read "Indiana Michigan Power Company."
Amendment to Indemnit A reement No. B-61 en men o.
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.C Effective July 1, 1989, Indemnity Agreement No. B-61, between Indiana and Michagan
- Company, Indiana and Michigan Electric Company, and the Atomic Energy Commission, dated May 26, 1972 as amended, is'ereby 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 i't 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's follows:
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1.
"Nuclear reactor," "byproduct material," "person,."'source material,"
"special nuclear 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 vehic'Ie, 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.
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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 12:01 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, April 30, 1979 inclusive)
(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 Acc ted
, 1989 By n sana Company c agan ower By n san n
Com y
gan ec roc
- and, as of August 1, 1977, the amount available as secondary financial protection.
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