ML18018B317

Submits Certified Copy of the Nelia Binder EB-12 and Maelu Binder XB-12, Declarations and Bond for Payment of Retrospective Premiums

ML18018B317
Person / Time
Site:	Nine Mile Point  (DPR-063)
Issue date:	07/29/1977
From:	Rushmore J Niagara Mohawk Power Corp
To:	Saltzman J Office of Nuclear Reactor Regulation
References
Download: ML18018B317 (26)

Text

NRC FoRM 196 I2-76)

U.S. NUCI EAR REGULATORY CO' ISSION DOCKET NUMBER TO:

J Saltzman

/LETTER

+ORIGINAL

~ QCOPY QNOTORIZED JUNC LASS I F I E D PROP Niagara Mohawk pwr Corp

Syracuse, NY J

W Rushmore INPUT FORM NRC DISTRIBUTION FoR PART 50 DOCKET MATERIAL FILE NUMBER INSURANCE DATE OF DOCUMENT 7-29-77 DATE RECEIVED NUMBER OF COPIES RECEIVED DESCRIPTION ENCLOSU RE Certified copy of Nelia Binder EB-12 and Maelu Binder XB-12, Declarations Br Bond for Payment I

of Retrospective Prem~mums

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CYS FOR ACTION FOR ACTION/INFORMATION INTERNAL0 ISTRl BUTION i~G FIL r&P H.

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0 MQog@gfK NIAGARAMOHAWKPOWER CORPORATION/300 ERIE BOULEVARDWEST, SYRACUSE, N.Y. 13202/TELEPHONE (315) 474-1511 July 29, 1977 Mr. Jerome Saltzman, Chief Antitrust 8z Indemnity Group Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D. C.

20555 Re:

Docket No. 50-220 NHLIABinder HB-12 and MABLUBinder XB-12 Secondary Financial protection

Dear Mr. Saltzman:

Enclosed is a certified copy of the Nelia Binder EB-12 and Maelu Binder XB-12, Declarations and Bond for payment of Retrospective premiums.

Very truly yours, J

n W. Rus more upervisor - Insurance System Risk Management JWR/cig Enclosures

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BINDER, INCLUDING EB-12 DECLARATIOHS AND BINDER NO.

BONO FOR PAVMEHT OF RETROSPECTIYE PREMIUMS BINDER The members of Huclear Energy Liability Insurance Association, hereinafter.

called the "companies",

subscribing this binder, each for itself, severally

,and not jointly, and in the respective proportions set forth herein, and the insureds named in Item 1 of the Declarations below, agree as follows:

A.

The companies hereby bind insurance to the insureds named in Item.l of the Declarations in accordance with the provisions of the Draft Master

~polic

. All rights and obligations of the parties to this binder are set forth in the provisions of the Draft Master Polic as it may be amended from time to time pursuant to its-conditions or paragraph B below.

B..

The term "Draft -Master Polic " means the draft of the MASTER 'POLICY--

NUCLEAR ENERGY LIABILITYPOLICY (SECONDARY FINANCIAL-PROTECTION) dated June 24, 1977 in the custody of the Nuclear Regulatory Commission, a

copy of which is attached

hereto, and includes all binders issued by the companies in connection with such Draft Master Polic The Master Policy, as subsequently issued by the companies, shall cancel and replace this binder and the Draft Master Polic effective as of*August 1, 1977.

C.

Such insurance as is provided by the Draft Master Polic

applies, through this binder, only:

(1) to bel (2) to This is to certify that this is a true copy of the original binder, bearing the number des-ignated hereon, for in-surance coverage under the DRAFT HASTER POLICY-NUCLEAR ENERGY LIABILITY POLICY (Secondary 1'in-ancial Protection) dated June 2t'I, 1977.

No insura e

afforded b

tl s

Cl r e

13ardes, H

ge iability Under-writi

, Nuclear Energy Liability-Property Insurance Association the insureds identified in Items 1

and 2 of the Declarations ow>

bodily injur or ro ert dama e

(a}

with respect to which the primar financial rotection described in Item 4 below would apply but for exhaustion of its limit of liability and (b}

which is caused during-the binder period stated in Item 8 below by the radioactive, toxic, explosive or other hazardous properties of nuclear material and (c) which is discovered and for which written claim is made against the insured not later than ten years after the end of such binder period; provided, however, that with extraordinar nuclear occurrence this subparagraph (c) d

~bd i 1

~ro art~dame e which is discovered and for which written claim is made against the insured not later than twenty years after the date of the extraordinar nuclear occurrence.

r DECLARATIONS Item 1.

Named insureds and addresses:

(a)

Niagara Mohawk Power Corporation 300 Erie Boulevard Hest, Syracuse,.New York 13202 Item 2.

Additional insureds:

Any other person or organization who would be covered under ~rimar financial rotection described in Item 4 of this binder but for exhaustion of the limit of liability of such rimar financial 2'='""'".

Item 3.

Description and location of the nuclear reactor:

Unit 1 of the Nine Mile Point Nuclear Station located in Oswego County, New York Item 4.

Identification of rimar financial rotection applicable to the nuclear reactor and 1 imit of 1 iabil ity thereof:

Nuclear. Energy Liability Insurance Association Policy NF-161 -$108,500,000 Mutual Atomic Energy Liability Underwriters Policy 'F-46 -$ 31,500,000 Do other nuclear reactors share the limit of liability provided under.

the

. rimar financial rotection?

No, not at this time Item 5.

Maximum retrospective premium (exclusive of allowance for premium taxes) payable to the companies under the Draft Master Polic with respect to

- each nuclear incident:

$3,875,000.

Item 6.

Portion of the annual premium payable for the companies'ontingent liability described in Condition 4 of the Draft Master Polic from the 'effective date hereof to the end of calendar year 1977:

$ 1,948.'35.

Item -7.

Limits of liability:

8'ee Item 3 of the Declarations of the Draft M~li Item 8.

Binder period:

Beginning on the first day of August,

1977, and continuing to the effective date and time of cancelation or termina-tion of the Draft Iiaster polic or this binder, whichever first

occurs, eastern standard time.

BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Know All Men By These Presents, that the undersigned do,hereby acknowledge that they are named insureds under the Draft Master Polic described in.the above Binder, and 'Declarations.

The named insureds do hereby covenant with and are hei'd and are firmly bound to the subscribing members of Nuclear Energy Liability Insuranc'e Association (hereinafter called the "companies") to pay to the companies all retrospective premiums and allowances for premium taxes which shall become due and payable in accordance'ith the terms of., the Draft Master Polic with interest on such premiums and allowances for taxes to -be computed at the rate provided in the Draft Master Polic from the date payment thereof is specified to be due the companies in a written notice to the named insured, as provided in Condition 1 of the Draft Master Polic 'ntil paid.

And it is hereby expressly agreed that copies of written notices of retrospective premiums and allowances for premium taxes due and payable or other evidence of such amounts due and payable sworn to by a duly authorized representative of the companies shall be prima facie evidence of the fact and extent of the liability of the named insureds for such amounts.

And it is further expressly agreed that the named insureds will indemnify.the companies against any and all liability, losses and expenses of whatsoever kind or nature (including but not limited to interest, court costs and counsel fees) which the companies may sustain or incur (1) by reason of the failure of the named insureds to comply with the covenants and provisions of this Bond or (2) in enforcing any of the covenants or provisions of this Bond, or any provisions of the Draft Master Polic relating to such covenants or provisions.

For the purpose of recording this agreement, a photocopy acknowledged before a

Notary Public to be a true copy hereof shall be regarded as an original.

THE ABOVE BINDER, DECLARATIONS AND BOND FORM A PART OF THE DRAFT MASTER POLICY.

CANCELATION OR TERMINATION OF THE DRAFT MASTER POLICY OR THE BINDER SHALL NOT

'FFECT THE OBLIGATIONS OF THE NAMED INSUREDS UNDER THE DRAFT MASTER POLICY OR THE BOND TO PAY THE RETROSPECTIVE PREMIUMS AND Al LOWANCES FOR PREMIUM TAXES WITH RESPECT TO ANY BODILY INJURY OR PROPERTY DAMAGE WHICH IS CAUSED DURING THE BINDER PERIOD.

IN WITNESS

WHEREOF, the named insureds have caused this Binder, these Declara-tions and this Bond for Payment of Retrospective

Premiums, to be signed and sealed by a duly authorized officer, to be effective August 1, 1977, eastern standard time Attest or Witness Named Insureds:

/dc B M3.

cc. )-Kv~.c Niagara mohawk Power Corporation (Name

. leisured - T. e o

Print)

By,~d 'r.'C -

'7-(SIP ture 'fficer)

Hu ene

. Morel Vice President SEAL)

(Type or Print Name 5 Title of Officer)

Date:

ul 21 1977 By (Named Insured - Type or Print)

(Signature of Officer)

(SEAL)

(Type or Print Name 8 Title of Officer).

Date:

By (Named Insured - Type or Print)

(Si'gnature of Officer)

(SEAL)

(Type or Print Name 8 Title of Officer)

Date:

(Named Insured

- Type, or Print)

By (Signature of Officer)

(SEAL)

(Type or Print Name 8 Title of Officer)

Date:

0 (Page 5

of

'S Pages)

IN WITNESS WHEREOF, the subscribing companies have caused the Binder and the Declarations to be signed on their behalf by the General Manager of Nuclear Energy Liability Insurance Association, to be effective August 1, 1977,.eastern standard, time, and countersigned below by a duly authorized representatives Attest or Witness

Nuclear, Associati For the S bscri bing Companies of nergy Liability Insurance Bu t C.

Proom, General Manager Countersigned by (Aut orized Representative)

SUBSCRIBING COHPANIES PROPORTION OF IOOX Aetna Casualty and Surety Co., The, 151 Farmington Ave., Hartford, CT 06156 Aetna Insurance

Company, 55 Elm St., Hartford, CT 06115 Allstate Insurance Co.,

0324 Skokie Blvd., Skokie, IL 60076 American Home Assurance Co.;

102 Haiden La.,

New York, NY 10005 American Hotorists Insurance Co., Long Grove, IL 60049 Centennial Insurance Co.,

45 Wall St.,

New York, NY 10005 Comrercial Union Insurance Co.,

One Beacon St., Boston, MA 02108 Continental Casualty Co.,

CNA Plaza, Chicago.

IL 60685 Continental Insurance Co., The, 80 Haiden La.,

New York, NY 10038 Federal Insurance Co.,

51 John f. Kennedy Pkwy., Short Hills, HJ 07078 Fireman's Fund Insurance Co.,

3333 California St.,

San Francisco, CA 94119 General Accident Fir'e and Life Assurance Corp., Ltd. 414 Walnut St., Philadelphia.

PA 19105 Great American Insurance Co.,

580 Walnut St., Cincinnati, OH 45201 Gulf Insurance Co.,

3015 Cedar Springs, Oallas, TX 75221 Hanover Insurance Co., The, 440 Lincoln St., Worcester, HA 01605 Hartford Accident and Indemnity Co., Hartford Plaza, Hartford, CT 06115 Hartford Steam Boiler Insp.

6 Ins. Co., The, 56 Prospect St., Hartford, CT 06102 Home Indemnity Co.', The, 59 Haiden La.,

New York, NY 10038 Insurance Co. of North America, 1600 Arch Street, Philadelphia, PA 19101 Haryland Casualty Co., P.O.

BOX 1228, Baltimore, HO 21203 Monarch Insurance Co. of Ohio, The, 19 Rector St.,

New York, NY 10006 Northwestern National Ins. Co.,

731 No. Jackson St., Milwaukee, Wl 53202 Pacific Inder.nity Co.; 3200 Wilshire Blvd., Los Angeles, CA 90054 Peerless Insurance Co.,

62 Haple Ave., Keene, NH 03431 Phoenix Assurance Co. of New York, 80 Maiden La.,

New York, NY 10038 Protective Insurance Cu.,

3100 No. Meridian St., Indianapolis, IN 46208 Providence Washington Insurance Co.,

20 Washington Place, Providence, RI 02903 Puritan Insurance Company.

1515 Summer St., Stamford, CT 06905 Reliance Insurance

Company, 4 Penn Center Plaza, Philadelphia, PA 19103 Royal Globe Insurance

Company, 150 'William Street, New York, New York 10038 St.

Paul Fire 6 Harine Ins. Co.,

385 Washington St.. St. Paul, MN 55102 Seaboard Surety Co..

90 William St.,

New York, NY 10038 Security Insurance Company of Hartford, 1000 Asylum Ave., Harti'ord, CT 06101 State.Farm Fire.h Casualty

Company, 112 East Washington St., Bloomington, IL 61701 Transamerica insurance Co.,

1150 So. Olive St.,

Los Angeles, CA 90015 Travelers Indemnity Company,

The, One Tower Square,

Hartford, CT 06115 United States Fidelity and ruaranty Co., P.O.

BOX 1138, Baltimore, HO 21203 United States Fire Insurance Co., Madison Ave. at Canfield Rd., Horristown, HJ 07960 Zurich.Insurance Co., ill West Jackson Blvd., Chicago, IL 60604 NE-77a 11.4807836 2.3753345 4.7506691

,.6730115

..3958891

.3958891 3.4838240 4.4339578 6.3342254 1.2668451 4'.3547800 1.3460229 1.3301873

.1583556

4750669 7.9177818

.4354780 2.7712236 6.3342250 1.5835564

.2771224

.5542447

.3167113

.0989723

.4750669

.1583556

.0989723

.2375335 1.2668451 3.5630018 3.9335540

.3167113 I:0689005

.7917782

.6334225 11.2432501 9.0262712 2.8504014

.7917782

BINDER, INCLUDING DECLARATIONS AND BOND FOR" PAYMENT OF RETROSPECTIVE PREMIUMS BINDER NO, XB-12 BINDER The me'mbers of Mutual Atomic Energy Liability Underwriters, hereinafter called the "companies",

subscribing this binder, each for itself, severally and not jointly., and in the respective proportions set forth herein, and the insureds named in Item 1 of the Declarations below, agree as follows:

A.

The companies hereby bind insurance to the insureds named in Item 1 of

'the Declarations in accordance with the provisions of the Draft Master

~polic

. All rights and obligations of the parties to this binder are set forth in the provisions of the Draft Master Polic, as it may be amended from time to time pursuant to its conditions or paragraph B below.

B.

The term "Draft Master Pol~ic

" means the draft of the MASTER POLICY--

NUCLEAR ENERGY LIABILITYPOLICY (SECONDARY FINANCIAL PROTECTION) dated June 24, 1977 in the custody of the Nuclear Regulatory Commission, a, copy of which is attached

hereto, and includes all binders issued by the companies in connection with such Draft Master Policy.

The Master Policy, as subsequently

=issued by the companies, shall cancel and replace this binder and the Draft Maste~rpolic effective as of August 1, 1977.

C.

Such insurance as is provided by the Draft Master Pol'ic

applies, through this binder, only:

This is to certify that this is a true copy of the original binder, bearing the number designated hereon, for insur<<

ance coverage un-der the DRAFT MASTER POLICY-NUCLEAR ENERGY LIABILITYPOLICY (Secondary Finan-cial Protection) dated June Z4, 1977.

No insurance is af-forded by this copy.

'I'heodore Geras Secretary-Mutual Atomic Energy Liability Under>>

writers (1) to the insureds identified in Items 1

and 2 of the Declarations

below, (2) to bodil in'ur or ro ert dama e

(a) with respect to which the primar financial rotection described in Item 4 below would apply but for exhaustion of its limit of liability and (b) which is caused'uring the binder period stated in Item 8 below by the radioactive, toxic, explosive or other hazardous properties of nuclear material and (c) which. is discovered and for which written claim is made against the insured not later than ten years after the end of such binder period; provided,

however, that with respect to ~bodil ~in ury or ~ro er~t~daata e caused by an extr~aordinar nuclear occurrence this subparagraph (c) shall not operate to bar coverage for b~odil in'~ur or'.

property dot))~a(. which is discovered and for which written claim is made 'tqainst the insured not later thin twenty years after the date of the extraor~dinar nuclear occurrence.

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DECLARATIONS Item 1.

Named insureds.

and addresses:

(a)

Niagara Mohawk Power.Corporation - 300 Erie Boulevard West, Syracuse, New York 13202 Item 2.

Additional insureds:

Any other person or organization who would be covered under ~ridiar financial rotection described in Item 4 of this binder but for exhaustion of the limit of liability of s'uch rimar financial 2

Item 3.

Description and location of the nuclear reactor:

Unit 1 of the Nine Mile Point Nuclear Station located in Oswego County, New York Item 4.

Identification of rimar financial rotection applicable to the nuclear reactor and limit of liability thereof:

Nuclear Energy'Liability Insurance Association Policy NF-161-$ 108,500,000 Mutual Atomic Energy Liability Underwriters Policy MF-46-$ 31,500,000 Do other nuclear reactors share the limit of liability provided under the rimar financial rotection?

a No, not at this time Item 5.

Maximum retrospective premium (exclusive of allowance "for. premium taxes):

payable to the companies under the Draft Master Polic with respect to each nuclear incident:

$ 1,125,000,

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Item 6.

Portion of the annual premium payable for the companies'ontingent liability described in Condition 4 of the Draft. Master Polic from the effective date hereof to the end of calendar year 1977:

$ 565.65.

Item 7.

Limits of liability:

See Item 3 of the Declarations of the Draft Item 8.

Binder period:

Beginning on the first day of August,

1977, and continuing to'the effective date and time of cancelation or termina-tion of the Draft Master Polic or this binder, whichever first

occurs, eastern standard time.

BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Know All Men By These Presents, that the undersigned do hereby acknowledge that they are named insureds under the Draft Master Policy described in the above Binder and Declarations.

The named insureds do hereby covenant with and are held and are firmly bound to the subscribing members of Mutual Atomic Energy Liability Underwriters (hereinafter called the "companies")

to pay to the companies all retrospective premiums and allowances for premium taxes which shall become due and payable in accordance wi'th the terms of the Draft Master

~polic with interest on such premiums and allowances for taxes to be computed at the rate provided in the Draft Master Polic from the date payment thereof is specified to be due the companies in a written notice to the named insured, as provided in Condition 1 of the Draft Master Polic until paid.

And it is hereby expressly agreed that copies of written notices of retrospective premiums and allowances for premium taxes due and payable or other evidence of such amounts due and'ayable sworn to by a duly authorized representative of the companies shall be prima facie 'evidence of the fact and extent of the liability of the named insureds for such amounts.

And it is further'xpressly agreed that the named insureds.will indemnify the companies against any and all liability, losses and expenses of whatsoever kind or nature (including but not limited to interest, court costs and counsel fees) which the companies may sustain or incur (1) by reason of the failure of the named insureds to comply. with the covenants and provisions of this Bond or (2) in enforcing, any of the covenants or provisions of this Bond, or any provisions of the Draft Master Polic relating to such covenants or provisions.

For the purpose of recording this agreement, a photocopy acknowledged before a

Notary Public to be a true copy hereof shall be regarded as an oriqinal.

THE ABOVE BINDER, DECL'ARATIONS AND BOND FORM A PART OF THE DRAFT MASTER POLICY.

CANCELATION OR TERMINATION OF THE DRAFT MASTER POLICY OR THE BINDER SHALL NOT AFFECT THE OBLIGATIONS OF THE NAMED INSUREDS UNDER THE DRAFT MASTER POLICY OR THE BOND TO PAY THE RETROSPECTIVE PREMIUMS AND ALLOWANCES FOR PREMIUM TAXES'ITH RESPECT TO ANY BODILY INURY OR PROPERTY DAMAGE WHICH IS CAUSED DURING TNE BINDER PERIOD.

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IN WITNESS WHEREOF, the named insureds have caused this Binder, these Oeclara-tions and this Bond for Payment of Retrospective

Premiums, to be signed and sealed by a duly authorized officer, to be effective August '1, 1977, eastern standa'rd time.

Attest or Witness

/ / EE~3 Named Insureds:

Niagara Mohawk Power Corporation (Named Ensured

- Ty or Print)

By

~~+ 6/C.~

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SEAL),

(Si tory' Officer)

Hu ene

. Morel Vice President (Type'or Print Name

& Title of Officer) t Date July 21, 1977 (Named Insured - Type or Print)

By (Signature of Officer)

SEAL (Type or Print Name 8 Title of Officer)

Date:

(Named Insured - Type or Print)

(Si'gnature of Officer)

(SEAL)

(Type or Print Name

& Title of Officer)

Date:

(Named Insured - Type oi Print)

By (Signature of Officer)

(SEAL)

(Type or Print Name

& Title of Officer)

Date:

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(Page 5

of 5

Pages)

.IN WITNESS WHEREOF, the subscribing companies have caused the Binder and the Declarations to be signed on their behalf by the Manager of Mutual Atomic Energy Liability Underwriters, to be effective August 1, 1977, eastern standard

time, and countersigned below by a duly'uthorized representative.

Attest or Witness For the Subscribiqg Companies of Mutual Atomic Energy Liability Underwriters By Theodore Geras - Secretary Countersigned by (Authorized Representativ

)

SUBSCRIBING COMPANIES PROPORTION OF 100%

American Mutual Liability Insurance Company, Wakefield, MA EmployersMutual Liability Insurance

Company, Wausau, Wise.

Liberty Mutual Insurance

Company, Boston, MA LumbermansMutual Casualty

Company, Long Grove, Illinois Michigan Mutual Liability Company, Detroit, Michigan Sentry Insurance, A Mutual

Company, Stevens

Point, Wise.

15.0000000 15.0000000 45.0000000.

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V MIIASAIRA 0 MOIMNK NIAGARAMOHAWKPOWER CORPORATION/300 ERIE BOULEVARDWEST, SYRACUSE, N.Y. 13202/TELEPHONE (315) 474-1511 June 29, 1977 Mr. Jerome Saltzman, Chief Antitrust 8z Indemnity Group Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D. C.

20555 Re:

Docket No. 50-220

- Guarantee of Retrospective Premiums

Dear Mr. Saltzman:

Pursuant to your request of June 15, 1977, we wish to advise that it is our intent to provide the required guarantee of retrospective premium by use of the annual certified financial statements and cash flow projections.

At present, it appears that our normal anniversary date of August 16 willallow us the opportunity to have all of the necessary infor-mation available and, therefore, we intend to file annually as. of August 16.

Would you please revise your records to direct future communica-tion to me, since Mr. Inderbitzin is no longer with the Company.

Very truly yours, J.

W. Rushmore, Supervisor - Insurance System Risk Management JWR/cnw

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