ML17338A701
| ML17338A701 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 05/01/1979 |
| From: | Saltzman J Office of Nuclear Reactor Regulation |
| To: | Robert E. Uhrig FLORIDA POWER & LIGHT CO. |
| References | |
| NUDOCS 7905140449 | |
| Download: ML17338A701 (9) | |
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0 Cy IP +~*y4 UNITEDSTATES NUCLEAR REGULATORYCOMMISSION WASHINGTON, D. C. 20555 hfAY ]
)yg Docket Nos. 50-gg)
YO-251 REGULATORy 0 r Florida Power
& Light Company CKET F([E OOpy ATTN:
Mr. Robert E. Uhrig Vice President, Nuclear 9250 Flagler St.
Miami, Florida 33174 Gentlemen:
We are enclosing herewith an amendment to your indemnity agreement 4 reflecting the changes to 10 CFR Par t 140, "Financial Protection Require-ments and Indemnity Agreements," effective May 1, 1979.
The amendments to Part 140, a copy of which is also enclosed, give effect to the increase from $140 million to
$160 million in the primary layer of nuclear energy liability insurance provided by the American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters.
We would appreciate your indicating acceptance of the amendment to your indemnity agreement in the space provided and returning one signed copy.
If you have any questions about the foregoing, please contact us.
Sincerely, Jerome
- Saltzman, ief Antitrust 8I In nity Group Office of Nuclear Reactor Regulation
Enclosures:
1.
Amendment to Indemnity Agreement 2.
Amendment to 10 CFR Part 140
\\
y J
Docket Nos.
50-250 50-251 lNENDi~1ENT TO INDEMNITY AGREB1ENT NO. 8-46 AtlENDMENT NO.
10 Effectiv'e t1ay 1, 1979, Indemnity Agreement No. 8-46, between Florida Power 5 Light Company and the Atomic Energy Commission, dated August 4,
- 1970, as
- amended, is hereby further amended as follows:
The amount "$140,000,000" is deleted wherever it appears and the amount "$160,000,000" is substituted therefor.
The amount "$108,500,000" is deleted wherever it appears and the amount "$124,000,000" is substituted therefor.
The amount "$31,500,000" is deleted wherever it appears and the amount "$36,000,000" is substituted therefor.
Item 2a of the Attachment to the indemnity agreement is deleted in its entirety and. the following substituted therefor:
Item 2 - Amount of financial protection a.
$1,000,000
$95,000,000
$110,000,000 (From 12:01 a.m., August 4, 1970, to 12 midnight, July 18, 1972, inclusive)
(From 12:01 a.m., July 19, 1972, to 12 midnight, February 28, 1974, inclusive)
(From 12:01 a.m.,
t1arch 1, 1974, to 12 midnight, llarch 20, 1975, inclusive)
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$125,000,000
$140,000,000
$160.000,000 (From 12:01 a.m.,
March 21, 1975, to 12 midnight, April 30, 1977.
inclusive)
(From 12'.01 a.m.,
f1ay 1, 1977, to 12 midnight, April 30, 1979, inclusive)
(From 12:01 a.m.,
May 1, 1979)
FOR THE UNITED STATES NUCLEAR REGULATORY COHf1ISSION
/sl JEROME SALTZMAM Jerome
- Saltzman, Chief Antitrust 5 Indemnity Group Office of Nuclear Reactor Regulation Accepted
, 1979 FLORIDA POWER 5 LIGHT COMPANY-
- and, as of August 1, 1977, the amount available as secondary financial protection.
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This document has been reviewed in accordance with FmHA Instruction 1901G, "Environmental Impact Statements." It is the determination of FmHA that this action does not constitute a major Federal action significantly affecting the quality of the human environment and in accordance with the National Environmental Policy of 1969. Pub. L 91-190, an Environmental Impact Statement is not required.
Authorities: [42 tJS.C. 14afh delegation of authority by the Secretary of Agriculture, 7 CFR 223: delegation of authority by the Assistant Secretary for Rural Development. 7 CFR? Iol Dated: March 30.,1979.
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OCLUCIO CODE SS10AMI NUCLEAR REGULATORY COMMISSION 10 CFR Pert 140
.Rnancta[ Protection Requirements and indemnity Agreements; Miscellaneous Amendments AOENcY: U.S. Nuclear Regulatory Commission.
ACTIOIC Final Rule.
SIIMMARY: The provisions of Section 170 of the Atomic Energy Act of 1954, as amended. require production and utilization facilitylicensees to have and maintain financial protection to cover, public liabilityclaims resulting from a nuclear incident.
The Nuclear Regulatory Commission is amending its regulations to increase the level of the primary layer of financial protection required of certain indemnified licensees. The Commission is amending its regulations at the present time to coincide, as statutorily required, with the increase in the level of the primary layer of insurance provided by private nuclear liability insurance pools.
EFFEcTII/E oATE: May 1. 1979.
~
FOR FIIRTljER INFORMATIONCONTACT:
Mr. Ira Dinitz. Antitrust and Indemnity Group, U.S. Nuclear Regulatory Commission, Washington, DC 20555.
(Phone: 301-492-8336).
suPPLEMENTARY INFoRMATIoN: The provisions of Section 170 of the Atomic Energy Act of 1954. as amended. (the Act) require production and utilization facilitylicensees to have and maintain financial protection to cover public liabilityclaims resulting from a nuclear incident. Section 170 of the Act, requires the Nuclear Regulatory Commission to indemnify the licensee and other persons indemnified. up to the statutory limitation on liability,against public liabilityclaims in excess of the amount of financial protection required.
Subsection 170b. of the Act requires that for facilities designed for producing substantial amounts of electricity and having a rated capacity of 100 electrical megawatts or more, the amount of financial protection 'equired shall be the maximum amount available from private sources. For other licensees, the Commission may require lesser amounts of financial protection; Primary financial protection may be in the form of private insurance, private contractual indemnities, self-insurance or other proof offinancial responsibility, or combination of such measures.
The insurers who provide the nuclear, liabilityinsurance, American Nuclear Insurers (ANI)and Mutual Atomic Energy LiabilityUnderwriters (MAELU),
have advised the Commission that effective January 9, 1979. the maximum amount ofprimary nuclear energy liabilityinsurance available was increased from $140 millionto $160 million.Pursuant to the provisions of subsection 170b. of the Act. thL amount of primary financial protection required for facilities having a rated capacity of 100 electrical megawatts or more willbe increased to $160 million, effective May 1, 1979. In addition, in compliance with 10 CFR Part.140, those persons licensed to possess plutonium in the amount of 5.,
kilograms or more and persons licensed to process plutonium in the amount of 1 kilogram or more for use in plutonium processing and fuel fabrication plants willalso be required to provide financial protection in the amount of $160 million.
Since the amendments set out below conform the Commission's regulations to a statutory requirement, the Commission has found that good cause exists for omitting a value/impact analysis, public notice of proposed rule making and public procedure thereon as unnecessary.
Pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974. as amended.
'he Acl does noc by Ils pied ac Ianguagc rcqutrc mainlcnancc of a "primary" iLc nudcar iiabiiily Insurance) iaycr and a "sccondacl~ [i.c rclcospccuvc premium) iaycr offinandai protection bul merely considers the combinalion of lhasa cwo
)ayers as "financial protection." However. 10 CFR Pari 140. of the Commission's rcgu)auons that implement lhc Acl. dislinsuishcs between the pcimacy and secondary layers of finandat pcccccccion. Thc amcndmcnls in this ndc rcialc solely Io increases in lhc pcicnacy iaycr of financial protection.
and sections 552 and 553 ofTitle 5 of the United States Code, the following amendments to Title 10. Chapter I, Part 140. Code ofFederal Regulations, are published as a document subject to codification.
g 14IL11
[Amended]
- 1. Section 140.11(a)(4) is amended by deleting "$140,000,000" and substituting therefor "$160,000,000."
$ 140.13a
[Amondodl
- 2. Section 140.13a(a) is amended by deleting the term "$140,000,000" and substituting therefor "$160,000,000."
g 14fL91
[Amondodl
- 3. In 5 140.91, Appendix A, Condition 4 is amended by revising the footnote to read as follows: "For policies issued by Nuclear Energy Liability-Property Insurance Association the amount will be "$124,000,000"; for policies issued by Mutual Atomic Energy Liability Underwriters. the amount willbe
"$36,000,000."
- 4. In 5 140.91. Appendix A. paragraph Dlof the "Optional Amendatory Endorsement" is amended by revising the footnote to read as follows:
"For policies issued by Nuclear Energy Liability-Property Insurance Association the amount willbe "$124.000,000"; for policies issued by Mutual Atomic Energy Liab0ity Underwriters the amount willbe "$38,000,000."
g 140.92
[Amondod]
'. Section 140.92. Appendix B, Article ILparagraph 8(a), is amended by deleting the amount '$108.500,000" wherever it appears and substituting therefor "$124,000,000."
B. Section 140.92. Appendix B, Article II, paragraph 8[b), is amended by deleting the amount "$31.500,000" wherever it appears and substituting therefor '$36,000,000."
- 7. Sectioti 140.92. Appendix B, Article ILparagraph 8(c), is amended by changing the amount "$140,000,000" to
$160,000,000."
IL Section 140.92, Appendix B, Article IILparagraph 4(b)(2), is amended by changing "$140,000,000" to
$160,000,000."
f 140.93
[Amended]
- 9. Section 140.93, Appendix C, Article II, paragraph 8, is amended by changing
"$140,000.000" to "$160.000,000."
- 10. Section 140.93, Appendix C, Article III,paragraph 4(b)(2), is amended by changing "$140,000,000" to
"$160,000,000."
Federal R
Vol. 44, No. 8S / Friday, April 8. 1979 / Rules Regulations
$ 140.94 (Amended]
- 11. Section 140.94. Appendix D. Article II. paragraph 6, is amended by changing
"$140,000.000" to "$1%,000.000."
$ 140.95
[Amended]
- 12. Section 140.95, Appendix E, Article IG, paragraph 4(b)(2), is amended by changing "$140,000,000" to
"$180,000,000."
i) 140.107
[Ainended]
- 13. Section 140.107, Appendix G, Article II. paragraph 8(a) ~ is amended'by deleting the amount '$108,500,000" wherever it appears and substituting therefor "$124,000,000."
- 14. Section 140.107, Appendix G.
Article II. paragraph 6(b), is amended by deleting the amount "$31,500.000" wherever it appears and substituting therefor "$38.000,000."
- 15. Section 140.107. Appendix G, Artie]e III,paragraph 8(c), is amended by changing the amount "$140,000,000" to "$160,000.000."
- 18. Section 140.107, Appendix G, Article III,paragraph 4(b), is amended by changing the amount "$140.000.000" to "$160,000,000."
il 140.108
[Amended]
- 17. Section 140.108, Appendix G.
Art]cleII. paragraph 6, is emended by changing the amount "$140,000,000" to
$1M,000,000."
- 18. Section'140.108, Appendix H.
Article III,paragraph 4(b), is amended
'y changing the am'ount "$140,000,000" to "$160,000,000."
EFFEOTtvE OATm The foregoing amendments become effective on May 1, 1979.
(Secs. 181, Pub. L 83-703, 88 Stat. 948 (42 U8.C. 2201)i Sec. 170. Pub. L 85-258. 71 Stat.
578, Pub. L 94-197, 89 Stat. 1111 (42 US.C.
2210]; Sec. 201. Pub. L 93-43L ai amended, 88 Stat.1242, 89 Stat. 415 (42 U.S.C 5841))
Dated at Washington, D.C.. this 2nd dny of April1979.
For the Nuclear Regulatory Commission.
Sotawl I. Chuk, Seato ttttyofthe CammisrtotL Iya Don ra reaaa Fusd~ aaa am) sr Ufo coos ~1M FEDERAL DEPOSIT INSURANCE CORPORATION 12 CFR Parts 307 and 327 Assumption and Assessment ot Deposit IJabllltles of Insured Banks; Voluntary Termination of-Insurance Statue AQENcY: Federal Deposit Insurance Corporation.
ACTtON: Final rule.
sUMMARY:The Federal Deposit Insurance Corporation has decided to revise and amend 5 il 307.3 and 327.2(b)(3) of its regulations to: (1) implement Sections 304 and 310 of the Financial Institutions Regulatory and Interest Rate Control Act of 1978 (FIRIRCA) which pertain to the assumption and assessment of deposit liabilities of insured banks. and (2) correct an inaccurate reference.
EFFECTtVE DATE'pril6, 1979.
FOR FURTHER iNFORMATiONCONTACl.
Jerry L Lang]ay, Senior Attorney, Federal Deposit Insurance Corporation, 55017th Street. N.W., Washington. D.C.
20429. telephone (202) 389-4237.
sUPPLEMENTARY.INFCRMATioN:Section 304 of FIRIRCA amends Section 8(q) of the Federal Deposit Insurance Act (FDI Act) to provide that whenever the deposit liabilities of an insured bank are assumed by another insured bank, whether by merger. consolidation, or other statutory assumption, or by contract: (1) the insured status of the bank whose deposits are assumed shall terminate on the date the Corporation receives satisfactory evidence of the assumption: (2) the separate insurance of all insured deposits so assumed shall terminate six months after the date the assumption takes effect or, in the case of any time deposit, the earliest maturity date after the six-month period; and (3) the continuing bank shall give notice of the assumption to the depositors of the bank whose deposits are assumed within 30 days after the assumption takes effect. Section 307.3 has been revised to implement these provisions and to correct an incorrect citation by changing the reference "g 3043 (s) and (t)" in Section 307.3(b) to "5 304.3 (u) and (v)".
Section 310 of FIRIRCA amends Section 7 of the FDI Act to exc]ude deposits accumulated for the repayment of personal loans from the definition of deposits for insurance assessment purposes. Section 3272(b)(3) of FDIC's regulations has been amended to aline its definition of the term "deposit" for assessment purposes with that of Section 320 of FIRIRCA.
Since the changes are procedural in nature or necessitated by statutory amendment, the Board of Directors of the Federal Deposit Insurance Corporation has determined, under Section 302.8 of its rules and regulations'12 CFR 5 302.8), that notice of, and public participation in, this rulemaking is unnecessary and that good cause exists for the waiver of the 30-day deferral of the effective date for the changes.
Accordingly, 12 CFR 307.3 and 327.2 subparagraph (b) are changed as follows:
PART 307VOLUNTARY TERMINATIONOF INSURANCE STATUS
- 1. 12 CFR 307.3 is revised to read:
$ 3072 Steps to be taken and records to be furnished tho Corporation where deposits are assumed by another Insured bank.
(a) Whenever the deposit ]iabi]lt]es of an insured bank are assumed by another insured bank, whether by merger.
consolidation. or other statutory assumption, or by contract, the continuing bank shall give notice of the assumption to the depositors of the bank whose deposits are assumed within 30 days after the assumption takes effect.'uch notice shall be (1) mailed to each depositor at the depositor's last address ofrecord as shown upon the books of the bank (2) published in not less than two issues of a local newspaper of general circulation, and (3) in form substantially as follows:
(Date]
Notice to Depositors:
Please be advised that the deposit liabilities shown on the books of (Name of Assumed Bank)
(City or town]
(State) ss of close of business on, 19have been assumed by the undersigned bank The insured status of (Name of assumed bank) willterminate at the-time provided ln section 8(q] of the Federal Deposit Insurance Act.
The separate insurance ofIts deposits will therefore terminate at the end of six months from the above date or. In the case of a time deposit, the earliest maturity date after the
~ six-month period.
You are advised that the undersigned bank ls an insured bank and that your deposits will continue to be insured by the Federal Deposit Insurance Corporation ln the manner and to the extent provided in said Act.
(Name of Bank)
(Address)
There may be included in such notice any additional information or advice the bank may deem desirable.
'rhe nor)ac requirement does nol apply ro "phantom" bank mergers aa de8ned in tournure Sa of Section SOS.ii(a)IS).
i Federal Register ~1. 44. No. 80 / Tuesday. April 24. 1979 ules and Regulations 24045 NUCI.EAR REGULATORY COMMISSION 10 CFR Part 140 Financial Protection Requirements and Indemnity Agreements; Miscellaneous Amendments Correction In FR Doc.79-108S3. appearing at page 20632. in the issue of Friday. April 6, 19/9, on page 20M3; make the followingcorrections:
(1) In the first column in paragraph 15, in the second line, correct "ArticleIII"to read "ArticleII".
(2) In paragraph
- 17. in the first line.
correct "Appendix G" to read "Appendix H".
SILUNO Coos 150~1 M
DEPARTMENT OF ENERGY 10 CFR Part 205 Administrative Procedures and Sanctions; 1979 Interpretations of the General Counsel
'I ACENGY: Department of Energy.
AcTloN: Notice of Interpretations.
8UMMARY:Attached is the Interpretation issued by the Office of General Counsel of the Department of Energy under 10 CFR Part 20S. Subpart F. during the period March 1, 1979, through March 31, 1979.
Appendix 0 identifies those Requests for Interpretation which liave been dismissed during the same period.
FOR FURTHER INFORMATIONCONTACl.
Diane Stubbs, Office of General Counsel, Department of Energy. 12th &
Pennsylvania Avenue NW.. Room 1121.
Washington. D.C. 20461 (202) 633-9070.
SUPPLEMENTARY INFORMATION:
Interpretations issued pursuant to 10 CFR Part 205. Subpart F. are published in the Federal Register in accordance with the editorial and classification criteria set forth in 42 FR 7923 (February 8, 1977). as modified in 42 FR 46270 (September 1S. 1977).
These Interpretations depend for their authority on the accuracy of the factual statement used as a basis for the Interpretation (10 CFR 205,84(a)(2)) and may be rescinded or modified at any time (5 205.8S(d)). Only the persons to whom Interpretations are addressed and other persons upon whom Interpretations are served ase entitled to rely on them (g 205.85(c)). An Interpretation is modified by a subsequent amendment to the regulation(s) or ruling(s) interpreted thereby to the extent that the.
Interpretation is inconsistent with the amended regulation(s) or ruling(s)
(5 205.85(e)). The Interpretations published below are not subject to appeal.
Issued in Washington. D.C., April10. 1979.
gveeacd A. MenoSSe. )e Aseatooc Ceoeml Cooneel /or Ioceepreataooe ond Rvlioge.
&ficeoraenerol Coooeel.
Appendix A-interpretations Ta oaio CaioScey Fao No.
Iaterpretatioa 1979-5 To: Sinclair Oil Corporation Regulation Inrerpreledl 10 CFR 210.62(a)
Code: GCWPlNormal business pract)ces Fuels The Sinclair Ofl Corporation. a small and independent refiner subject to 10 CFR Part 212. Subpart E. markets petroleum products through iis subsidiary. Sinclair Marketing.
inc. (Sinclair). Since May 1973. Sinclair's standard contracts with jobbers and dealers for the sale of motor gasoline have required payment in full within 30 days. Payment in fullwithin 10 days hss entitled a purchaser to a 1 percent discount on the purchase price.
Sinclair has considered an account outstanding for more Ihan 30 days to be in default aad subject io suit. In that instance.
collection costs would be assignable to the account. At the present time. Stnda)r desires to modify its standard contracts fol the sale of motor gasoline to require a finance charge of one and one. half (lg) percent monthly on the balance of all accounts aot paid within 30 days. No other credit terms are )o b' changed.
Issue Does Sinclair's proposal to assess 6 finance charge on all d'elinquent accounts constitute the imposiiioa of a more stringent credit term then the credit terms in effect on May 1S.
1973. within the meaning of 10 CFR 210.62(a)?
Interpre talion For the reasons sei forth below. the Department of Energy (DOE) has determined that Sinclair's inclusion of a 1 e percent monthly finance charge on all accounts not paid within 30 days in its standard contracts 107%43 Sevxao OSCoaxxoioa..
Mach S Phoo for the sale of motor gasoline would constitute the imposition of a more stringent credit term than the credit terms in effect on May 15. 1973. in violation of I 210.62ia).
The General Allocaiioa aad Price Rules. set forth ai 10 CFR Part 210 aad adopted on January 14. 1974. 39 FR 1924 I)aauary 15.
1974). were intended Io set forth the provisions applicable to both the Mandatory Petroleum Allocation Regulaiioas (10 CFR Part 211) and the Mandatory Petroleum Price Regulations (10 CFR Part 212). The allocation and price regulations were adopted to implement the statutory mandate of Section 4(a) of the Emergency Petroleum Allocation Act of 1973 (EPAA). as amended. Pub. L No.93-159 (November 27.
1973).'ection 210.62(a) regulates credit terms as a function of price in recognition of the varying roles that credit aad other conditions of sale play in the flowof product.-Section 210.62ja) provides in relevant pari:
"Suppliers willdeal with purchasers of an allocated product according Io aonaal business practices in effect during the base period specified in Part 211 for that allocated product. and ao supplier may modify any normal business practice so as to result in the circumvention of any provision of this chapter.... Credit Ieims other than those associated with seasonal credit programs are included as 6 part of the May 15. 1973 p'rice charged to a c)ass of purchaser under Part 212 of Ihis Chapter. Nail iag in this paragraph shall be construed to require suppliers to sell to purchasers who do not arrange proper credit or payment for allocated products. as customarily associated with that class of purchaser...
on May 15.1973....
However. no supplier may require or impose more stringent credit terms or payment schedules on purchasers than those in effect for that class of purchaser...
on May 15, 1973....
According to the facts presented by Sinclair. neither at the present time nor on
'15 U.S.C. Tst et seq, (Isrs).
'Siace Ihe decisioa by the Temporary Emergency Court of Appeals in iifaralhon OilCo. v. FZA. S47 F.2d i140 ITECA 19.6). there can be ao doubt caacecaiag the authority of the Federal Eae~
Admiaisuetioa IFEA) aad Its successor.
the DOE. Io rosa)ate credit terms Iaddoat ia the maadaiary petroleum price regalatioas. Ia addition. the DOE has resolved issues similar ia the one presented by Sinclair. caacemiag whether changes in credit ioaas are peaaissibie In view of the provisions of I 216.62(a). Seo Exxon Company. USA.. 2 DOE
$80.150 (October 26. 19TS): Cryslol OilCo.. 1 FEA Iso ist (october a 19T4). Ia oilTransn corp, Interpretation IÃv-ss. 4s FR 64269 Ioctober s.
ltrrl). the DOE found Ihat requiring purchasers of motor gasoline ta incur for Iho first time the additiaaat cost of obtaining Ieuers of credit guaranteeing paymeai io OIITraasa would have the effect ai imposing a more siaageai czedit tenn '.haa the credit teaas in effect on May iS. i~i. Ia violation of I gio.asia). However. the DOE has aai previously caasidored a case such as the present one where the proposed change in credit!orms would appiy o'a)y afler iha purchase pace ic due ia fulL