ML18078A938
| ML18078A938 | |
| Person / Time | |
|---|---|
| Site: | Salem |
| Issue date: | 02/22/1979 |
| From: | Librizzi F Public Service Enterprise Group |
| To: | Saltzman J Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 7903080189 | |
| Download: ML18078A938 (11) | |
Text
{{#Wiki_filter:* OPS~G i Public Servic~ Electric and Gas Company 80 Park Place Newark, N.J. 07101 Phone 201 /430-7000 Mr. Jerome Saltzman Deputy Chief Office of Antitrust & Indemnity Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D.C. 20555
Dear Mr. Saltzman:
SECONDARY FINANCIAL PROTECTION SALEM GENERATING STATION UNIT NO. 2 DOCKET NO. 50-311 February 22, 1979 Enclosed are two (2) certified copies of ANI Binder No. EB-72 and MAELU Binder XB-72 pertaining to Secondary Financial Protection for Salem Unit No. 2. Any further information concerning this matter and an acknowledge-ment of the receipt of these binders, should be addressed to the undersigned. Encls. Very truly yours,
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Frank P. Librizzi General Manager - Electric Production 95-2001 (200M) 2-78
- BINDER, lHi.~DL:H. i:D. ~~-ii.
INCLUDING DECLARATIONS AND BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS BINDER The members of Mutual Atomic Energy Liability Underwriters, hereinafter ~alled 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 Policy.
All rights and obligations of the parties to this binder are set forth in the provisions of the Draft Master Policy, as it may be*atnende~ from time to time pursuant to its conditions or paragraph B below.. B. The term "Draft Master Policy" means the draft of the MASTER POLICY -- NUCLEAR ENERGY LIABILITY POLICY (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 Master Policy effective as of the time and date of the inception of the binder period. C. . Such insurance as is provided by the Draft Master Policy appli~s, through this binder, only: (1) to the insureds identified. in Items 1 and 2 of the Declarations below, (2) to bodily injury or property damage (a) with respect to which the primary financial protection 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 respect to bodily injury or property damage caused by an extraordinary nuclear occurrence this subparagraph (C) shall not operate to bar coverage for bodily injury or property damage which is discovered and for which written claim is made against the insured not later than twenty years after the date of extraordinary nuclear occurrence.
.............,.....,,........___,..,,.....=~---~~-------------------------------------- . * ~.. -** DECLARATIONS. Item 1.. Named insureds and addresses: (a) Public Se~ce Electric & Gas Cocipany - P. 0. Box 570, l:~ewark, NJ 07101 (b) Philadelphia Electric Company - P.0. Box 8699., Philadelphia, PA 19101 (c) Delrmrva Pawer & Ll.ght Qxnpany - P.0. Box 271, Wilmington, DE 19899 (d) Atlantic City Electric c.ornpany;... P.O. Box 567, Atlantic City, NJ 08404 Item 2. Addi ti.anal Insureds: Any other person or organization who would be covered under primary financial protection described in Item 4 of this binder but for exhaustion of the limit of liability of such primary financial protection. . Item 3. Description and location of the nuclear reactor: Unit 2 of the Salem Nuclear Generating Station located in Salem C.ounty,. N~w Jersey. Item 4. Identification of primary financial protection applicable to the nuclear reactor and limit of liability thereof: Nuclear Energy Liability Insurance Association Policy NF-230 $108,500,000 Mutual Atomic Energy Liability Underwriters Policy MF-90 $31, 500, 000 Do other nuclear reactors share the limit of liability provided under the primary financial protection? Yes Item 5. Maximum retrospective premium (exclusive of allowance for premium taxes) payable* to the companies under the Draft Master Policy with respect to each nuclear incident: $1, 125, 000 Item 6. Portion of the annual premium payable for the companies' contingent liability described in Condition 4 of the Draft Master Policy from the effective date hereof to the end of calendar year 1978: The pro rata portion of $1,350.00 for the period from *the effective date of this binder to the end of the calendar yea;r during which such effective date occurs. Item 7. Limits of Liability: See Item 3 of the Declarations of the Draft Master Policy. Item 8. Binder period: Beginning at the same time and date that the Facility Operating License issued by the United States Nuclear Regulatory Commission for the reactor described in Item 3 of this binder becomes effective and continuing to. the effective date and time of cancellation or termination of* the Draft Master Policy 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 with the terms of the Draft Master Policy with interest on such premiums and allowances for taxes to be computed at the rate provided in the Draft Master Policy 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 Policy 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 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 expre~sly agreed that the named insureds will indemnify the companies against any and all liability, losses and expenses of whatsoever kind or nature (in~luding but not limited to interest, cou~t 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 prov:isions of this *Bond, or any provisions of the Draft Master Policy 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. CANCELA TION 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 RETROSPECITVE PREMIUMS AND ALLOWANCES FOR PREMIUM TAXES WITH RESPECT TO ANY BODILY.INJURY *OR PROPERTY DAMAGE WHICH IS CAUSED DURING THE BINDER PERIOD *
-19*.. ~:-.* IN WITNESS WHEREOF, the named insureds have caused this Binder,. these Declarations and this Bond for Payment of Retrospective Premiums, to be signed a*nd sealed 0 by a duly authorized officer, to be effective as of the time and date of the inception
- of the binder period.
Attest or Witness M. R. (\\.* YER.. Named Insureds: P~l;i.c S_ecyj.ce Electric §c Gas <:mpany (Named Insured - Type or Print) By (SEAL) W (Signature of
- A. Maginn VICE PRESIDENT AND TREASU~EIJ (Type or Print Name & *Title of Officer)
Date: December 1, 1978 Philadelphia Electric Caipany
- (Named Insured - Type or Print)
(SEAL) C. V. Myers, Vice President (Type or Print Name &*Title of Offic.er) Date: D~,,er.1 ber if:. i 17 P ~-------------~,-------------------- Delmrrva Power & Light Cooipany
- . (Named Insured - *Type or _Print)
... *.By ~~ . *(SEAL) . (SignatureoomceJ W.G.Price, Sr. Vice President (Type or Print Name & Title of Officer) Date.: December.6, 1978 ~--------------------------------- Atlantic City Electric Company . (Naµied Insured - Type or Print) I (SEAL) Ii. D. r-iUG(.i\\i~i) VICE PRE.SIDENT-CON'II-!OL (Type* or Print Name & Title of Officer) ........ ff CIA ...........,..._.,.......,~ .WWW f#t~.., *.,..__,.........
,. IN WITNESS WHEREOF, the* subscribing companies have caused the Binder and the Declarations to be signed 6n their behalf by the Secretary of Mutual Atomic Energy Liability Underwriters, to.be effective as of the time and date of the inception of the binder.period, and* countersigned.belciw*by: a duly authorized representative..
- Attest or Witness
.. /J / 1- /*... ' ,* / For the Subscribing Companies of Mutual Atomic Energy Liability Underwriters /J By "J_fe.t.. ~~./U?- {!j__~ /'// fAVy>,,(..,c_; ). 1< /',;_,,. Countersigned by _________ '-_* _ __:.r_r. __..,;: '7.~;.__.__;._ (Authorized Representative) Subscribing Companies PROPORTION OF 100% American Mutual Liability Insurance Company, Wakefield, MA
- 15. 0000000 Employers Mutual Liability Insurance Company, Wausau, WI
- 15. 0000000 Liberty Mutual Insurance Company, Boston, MA
- 30. 0000000 Lumbermens Mutual Casualty Company, Lon~* Grove, IL
- 30. 0000000 Michigan Mutual Ins:urance Company, Detroit~ MI.
- 5. 0000000 Sentry Insurance, A Mutual Company, Stevens Point, WI 5.0000000 This is to certify that this is a true copy of th.e original binder, bearing the number designated hereon, for insurance coverage under the DRAFT MASTER POLICY -
NUCLEAR ENERGY LIABILITY POLICY (Secondary Financial Protection) dated June 24, 1977. No insurance is afforded*by this copy. Underwriters
- BINDER, INCLUDING BINDER NO. EB-DECLARATIONS AND BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS BINDER The members of Nuclear Energy Liability Insurance Association, hereinafter called the 11 companies 11
, 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 Policy. All rights and obligations of the parties to this binder are set forth in the provisions of the Draft Master Policy, as it may be amended from time to time pursuant to its conditions or paragraph B below. B. The term 11 Draft Master Policy 11 means the draft of the MASTER POLICY -- NUCLEAR ENERGY LIABILITY POLICY (SECONDARY FINANCIAL PROTECTlON) 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 Master Policy effective as of the time and date of the inception of the binder period. C. Such insurance as is provided by the Draft Master Policy applies, through this binder, only: (1) to the insureds identified in Items 1 and 2 of the Declarations
- below,
~~~~~~~~(_2_)~to _b_o_d~il~y~i~n~j~ur~y<----.:o~r__r:..p~ro~p~e~r~t~y_d~a~m~a~gc..::..e This is to certify that this is a true copy of (a) the original binder, Jearing the number des-ignated hereon, for in-surance coverage under (b) the DRAFT t-IASTER POLICY - \\UCLEAR ENERGY LIABILI POLICY (Secondary Fin-ancial Protection) date i( c) June 24, 1977J No insurance is afforded b(~his *~op!: ( v . ' ~/v,,'~
- h~ R.
- Ba~des,
\\Tice President-Liability Jnderwriting, American ~uclear Insurers with respect to which the primary financial protection described in Item 4 below would apply but*for exhaustion of its limit of liability and which is caused during the binder oeriod stated in Item_ 8 below by the radioactive, toxic,* explosive or other hazardous properties of nuclear material and 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, howev~r, that with respect to bodily injury or property damage caused by an e traordinary nuclear occurrence this subparagraph (c) shall not operate to bar coverage for bodily injury or property damage which is discovered and for which wtitten claim is made against the insured not later than twenty years after the date of the extraordinary nuclear occurrence. 72
, *._.'i ._~, II DECLARATIONS Item 1. Named insureds and addresses: (a) Public Service Electric & Gas Company - P.O. Box 570, Newark, NJ 07101 (b) Philadelphia Electric Company - P.O. Box 8699, Philadelphia, PA 19101 (c) Delmarva Power & Light Company - P.O. Box 271, Wilmington, DE 19899 (d) Atlantic City Electric Company - P.O. Box 567, Atlantic City, NJ 08404 Item 2. Additional insureds: Any other person or organization who would be covered under primary financial protection described in Item 4 of this binder but for exhaustion of the limit of liability of such primary financial protection. Item 3. Description and.location of the nuclear reactor: Unit 2 of the Salem Nuclear Generating Station located in Salem County, New.Jersey Item 4. Identification of primary financial protection applicable to the nuclear reactor and limit of liability thereof: Nuclear Energy Liability Insurance Association Policy NF-230 $108,500,000 Mutual Atomic Energy Liability Underwriters Policy MF-90 $ 3),500,000 Do other nuclear reactors share the limit of liability provided under the primary financial protection? Yes Item S. Maximum retrospective premium (exclusive of allowance for premium taxes) payable to the companies under the Draft Master Policy with respect to each nuclear incident: $3,875,000.
'tl * ~*'-- Item 6. Portion of the annual premium payable for the companies' contingent liability described in Condition 4 of the Draft Master Policy from the effective date hereof to the end of calendar year 1978: The pro rata portion of $4,650 for the period from the effective date of this binder to the end of the calendar year during which such effective date occurs. Item 7. Limits of liability: See Item 3 of the Declarations of the Draft Master Policy. Item 8. Binder period-: Beginning at the same time and date that the Facility Operating License issued by the United States Nuclear Regulatory - Commission for the reactor described in Item 3 of this binder becomes effective and continuing to the effective date and time of cancelation or termination of the Draft Master Policy 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 Declaratians.. The named insureds do hereby covenant with and are held and are firmly bound to the subscribing members of Nuclear Energy Liability Insurance Association {hereinafter called the 11companies 11 ) to pay to the companies all retrospective premiums and allowances for premium taxes which shall become due and payable in accordance \\'Ii th the terms of the Draft Master Policy with interest on such premiums and allowances for taxes to be computed at the rate provided in the Draft Master Policy 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 Policy 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 payable sworn to by a duly authorized representati~e 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 Policy 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 AFFECT.. THE OBLIGATIONS OF THE NAMED INSUREDS UNDER. THE DRAFT MASTER p'oucY OR THE BOi~D TO PAY THE RETROSPECTIVE PREMIUMS AND ALLOWANCES FOR PREMIUM TAXES WITH R~SPECT TO ANY BODILY INJURY OR PROPERTY DAMAGE WHICH IS CAUSED DURING THE BINDER PERIOD.
r "'~* *",.. * '-' ( ~ <.o "\\; ~-.;; (Page _s _of _s _Pages) IN WITNESS WHEREOF, th~ subscribing companies have caused the Binder and the Declarations to be signed on their behalf by the General Manager o.f Nuclear Energy Liability Insurance Association, to be effective as of the time and date of the inception of the binder period, and countersigned belm*1 by a duly authorized representative. fott t of\\Hitness For the Subscribing Companies of / \\. . (./1 Nu cl e~r ~necr,gy Li abi 1 ity Insurance 1 Assoc1at1on I \\,, l 'lb.J'._.-----\\Y ; \\; \\ /} ,.-;;. / / Bur{ C. Proom, General Manager ~ '7" ~" r / / ~ Countersigniq by '//~~t..*.J ~... ic.,~:..-~!/.1-,/!..., \\ Authorized Represent~tive \\ SUBSCRIBING COMPANIES PROPORTIO~ OF 1003 Aetna Casualty and Surety Co., The, 151 Farmington Ave., Hartford, CT 06156 Aetna Insurance Company, 55 Elm St., Hartford, CT 06115 Allstate Insurance Co., 8324 Skokie Blvd., Skokie, IL 60076 American Home Assurance Co., 102 Maiden La., New York, NY 10005 American Motorists Insurance Co., Long Grove, IL 60049 Bituminous Casualty Corporation, 32 18th St., Rock Island, IL 61201 Centennial Insurance Co., 45 Wall St., New York, NY 10005 CorrJnerci"al Union Insurance Co., One Beacon St., Boston, MA 02108 Connecticut Indemnity Company, The,. 1000 Asylum Ave., Hartford, CT 06101 Continental Casualty Co., CNA Plaza, Chicago, IL 60685 Continental Insurance Co., The, 80 Maiden La., New York, NY 10038 Federal Insurance Co., 51 John F. Kennedy Pkwy., Short Hills, NJ 07078 Fireman's Fund Insurance Co., 3333 California St., San Francisco, CA 94119 General Accident Fire and Life Assurance Corp., Ltd., 414 Walnut St., Philadelphia, PA 19105 Great Amer.ican Insurance Co., 580 Walnut St., Cincinnati, OH 45201 Hanover Insurance Co., The:, 440 Lincoln St., Worcester, MA 01605 Hartford Accident and Indemnity Co., Hartford Plaza, Hartford, CT 06115 Hartford Steam Boiler Insp. & Ins. Co., The, 56 Prospect St., Hartford, CT 06102 Home Indemnity Co., The, 59 Maiden La., New York, NY 10038 Insurance Co. of North ~merica, 1600 Arch Street, Philadelphia, PA 19101 Monarch Insurance Co. of Ohio, The, 19 Rector St., New York, NY 10006 Northern Insurance Company of New York, P.O. Box 1228, Baltimore, MD 21203 Northwestern National Ins. Co., 731 No. Jackson St., Milwaukee, WI 53202 Ohio Casualty Insurance Company, The, 136 North Third St., Hamilton, OH 45025 Pacific Indemnity Co., 3200 Wilshire Blvd., Los Angeles, CA 90054 Peerless Insurance Co., 62 Maple Ave., Keene, NH 03431 Phoenix Assurance Co. of New York, 80 Maiden La., New York, NY 10038 Protective Insurance Co., 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, NY 10038 St. Paul Fire & Marine Ins. Co., 385 Washington St., St. Paul, MN 55102 Seaboard Surety Co., 90 \\*/il 1 iam St., New York, NY 10038 State Farm Fire & Casualty Company, 112 East Washington St., Bloomington, IL 61701 Transamerica Insurance Co., 1150 So. Olive St., Los Angeles, CA 90015 Tr~velers Indem~ity Company, The, One Tower Square, Hartford, CT 06115 United States Fidelity and Guaranty Co., P.O. Box 1138, Baltimore, MD 21203 United States Fire Insurance Co., Madison Ave. at Canfield Rd, Morristown, NJ 07960 Zurich Insurance Co., 111 West Jackson Blvd., Chicago, IL 60604 llE-78
- 11. 581926 2.481841 4.963682
.703188 .413640 .397095 .413640 3.640034 1.116829 4.301858 6.618243
- 1. 323649 4.550042 1.406377
- 1. 389831
.496368 7.859164 .455004 2.895481 3.309122 .289548
- 1. 654561
.579096 .165456 .330912 .103411 .496368 .165456 .103411 .248184
- 1. 323649 3.722762 4.109929
.330912 .827280 .661824 11.333741 9.430997 2.978209 .827280
. ~ '..,'-._ '-~..... IN WITNESS WHEREOF, the named insureds have caused this Binder, these Declara-tfon.s ar.d this Bond for Payment of Retrospective Premiums, to be signed and sealed by a duly authorized officer, to be effective as of the time and date of the inception of the binder period. Attest or Witne~s * ~Q'L '::)Q t-Vn.t-{~./.v M. F. Rayrioicis Assistant Secretary SECRETARY (/ .'}
- ~
~-~ -* ~ l*.. .:~1EY~ NAMED INSUREDS~ Public Service Electric & Gas Company (Named Insured - Type or Print) By~~~~~7-!.~~~11£....~~~(S~EA~L~)
- w.
{Type or Print Name & Title of Officer) Date: December 1, 1978 Named Insured - Type or (SEAL) {Type or Print Name & Title of Officer) Date: December 4. 1978 Delmarva Power & Light Company (Named Insured ~ o~ Print) By .,Yz~ ~ (SEAL) (Signat;.tte of Officer) W. G. Price, Sr. Vice President (Type or Print Name & Title of Officer) Date: December 6, 1978 Atlantic Ci Electric Company Name Insured - Type or Print j By--1..~;....i..~_,_;;_--"'7"~~~+-~~~(S=E~A:=...L.L) (Type or Print Name & Title of Officer)}}