ML18094A743
| ML18094A743 | |
| Person / Time | |
|---|---|
| Site: | Salem, Hope Creek, 05000000 |
| Issue date: | 10/02/1989 |
| From: | Shiraki C, Stone J Office of Nuclear Reactor Regulation |
| To: | Miltenberger S Public Service Enterprise Group |
| References | |
| NUDOCS 8910060303 | |
| Download: ML18094A743 (6) | |
Text
October 2, a Docket Nos. 50-354/272/311 Mr. Steven E. Miltenberger Vice President and Chief Nuclear Officer Public Service Electric & Gas Company Post Office Box 236 Hancocks Bridge, New Jersey 08038
Dear Mr. Miltenberger:
SUBJECT:
AMENDMENT TO INDEMNITY AGREEMENT RE:
HOPE CREEK GENERATING STATION SALEM GENERATING STATION, UNITS 1 AND 2 Enclosed is an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, 11 Financia1 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 amendments also conform to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988, 11 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.
Isl Clyde Y. Shiraki, Project Manager Project Directorate I-2 Division of Reactor Projects I/II
- Office of Nuclear Reactor Regulation
Enclosure:
Amendment to Indemnity Agreement cc w/enclosure:
See next page DISTRIBUTION w/enclosure:
Sincerely, Isl James C. Stone, Project Manager Project Directorate I-2 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation Docket File MO'Brien (2)
PDI-2 Reading EJordan CShiraki/SBrown NRC PDR/LPDR ACRS (10)
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[HC/SA LETTER] ~
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 October*2, 1989 Docket Nos. 50-354/272/311 Mr. Steven E. Miltenberger Vice President and Chief ~uclear Officer Public Service Electric & Gas Company Post Office Box 236 Hancocks*Bridge, New Jersey 08CJ38
Dear Mr. Miltenberger:
SUBJECT:
- AMENDMENT TO INDEMNITY AGREEMENT RE:
HOPE CREEK GENERATING STATION SALEM GENERATING STATION, UNITS 1 AND 2 Enclosed is an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, 11 Financial Protection Requirements and Indemnity Agreements,"
effective July_ 1, 1989.
The amendments to Part 140 reflect the increase from
$160 mi1lion to $200 million in the primary layer of nuclear energy liability '
insurance provided by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters.
The amendments also conform to changes made to the Price-Ander*son Act by "The Price-Anderson Amendments Act of 1988, 11 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.
Clyde Y. Shiraki, Project Manager Project Directorate I-2 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation
Enclosure:
Amendment to Indemnity Agreement cc w/enclosure:
See next page Sincerely, C)o--t. ~
James C. Stone, Project Manager Project Directorate I-2 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation
Mr. Steven E. Miltenberger Public Service Electric & Gas Co.
cc:
M. J. Wetterhahn, Esquire Conner & Wetterhahn Suite 1050 1747 Pennsylvania Avenue Washington, D.C.
20006 R. Fryling, Jr., Esquire
. Law Department - Tower 5E 80 Park Place Newark, New Jersey 07101 Resident Inspector U.S. Nuclear Regulatory Commission P.O. Box 241 Hancocks Bridge, New Jersey. 08038 Mr. S. LaBruna Vice President - Nuclear Op~rations.
Nuclear Department P.O. Box 236 Hancocks Bridge, New Jersey 08038 Mr. J. J. Hagan General Manager - Hope Creek Operations Hope Creek Generating Station P. 0. Box 236 Hancocks Bridge, New Jerse~ 08038 Mr. B. A. Preston, Manager Licensing and Regulation Nuclear Department P.O. Box 236 Hancocks Bridge, New Jersey 08038 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, Pennsylvania 19406 Dr. Jill Lipoti, Ph. D New Jersey Department of Environmental Protection Radiation Protection Program State of New Jersey CN 41.5 Trenton, New Jersey 08625 Hope Creek Generating Station Scott B. Ungerer, Manager Joint Generation Projects Department Atlantic Electric Company Post Office Box 1500 Pleasantville, New Jersey 08232
- .,:**:s,***
Mr. Steven E. Miltenberger*
Public Service Electric & Gas Company cc:
Mark J. Wetterhahn, Esquire Conner and Wetterhahn Suite 1050 1747 Pennsylvania Avenue, NW Washington, DC 20006 Richard Fryling, Jr., Esquire Law Department - Tower.SE 80 Park Place Newark, NJ 07101 Mr. L. K. Miller General Manager - Salem Operations Salem Generating Station P.O. Box 236 Hancocks Bridge, NJ 08038 Mr. S. LaBruna Vice President - Nuclear Operations Nuclear Department P.O. Box 236 Hancocks Bridge, New Jersey 08038 Kathy Halvey Gibson, Resident Inspector Salem Nuclear Generating Station U.S. Nuclear Regulatory Conunission Drawer.I Hancocks Bridge, NJ 08038 Richard F. Engel Deputy Attorney General Department of Law and Public Safety CN-112 State House Annex Trenttin, NJ
- 08625 Dr. Jill Lipoti, Ph.D New Jersey Department of Environmental Protect.ion Division of Environmental Quality Radiation Protection Programs State of New Jersey CN 415 Trenton, NJ 08625 Maryland People's Counsel American Building, 9th Floor 231 East Baltimore Street Baltimore, Maryland 21202
- e Salem Nuclear Generating Station Richard B. McGlynn, Commission Department of Public Utilities State of New Jersey 101 Commerce Street Newark, NJ 0710l Regional Administrator, Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Lower Alloways Creek Township c/o Mary 0. Henderson, Clerk Municipal Building, P.O. Box 157 Hancocks Bridge, NJ 08038 Mr. Bruce A. Preston, Manager Licensing and Regulation Nuclear Department P.O. Box 236
- Hancocks Bridge, NJ 08038 Mr. David Wersan Assistant Consumer Advocate Office of Consumer Advocate 1425 Strawberry Square Harrisburg, PA 17120 Mr. Scott B. Ungerer MGR. - Joint Generation Projects Atlantic Electric Company
-P.0. Box 1500 1199 Black Horse Pike Pleasantville, NJ 08232 Mr. Jack Urban General Manager, Fuels Department Delmarva Power & Light Company 800 King Street Wilmington, DE 19899 Public Service Commission of Maryland Engineering Division ATTN:
Chief Engineer 231 E. Baltimore Street Baltimore, MD 21202-3486
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 50~272' 50-311 50-354 Amendment to Indemnity Agreement No. B-74 Amendment No. 14 Effective July 1, 1989, Indemnity Agreement No. B-74, between Public Service Electric and Gas Company, Philadelphia Electric Company, Delmarva Power and Light Company, Atlantic City Electric Company, and the Atomic Energy Commission, dated_ November 5, 1974, as-amended, is hereby further amended as follows:
The amount "$160 000 000 11 is deleted wherever it appears and the amount 11$200 000 000 11 is substituted therefor~
The amount 11$124,000,000" is deleted wherever it appears and the amount 11$155 000 000 11 is substituted therefor.
The amount 11$36,000,000 11 is deleted wh~rever it appears and the amount 11$45,000,000 11 is substituted therefor.
Paragraph 1, Article I is modified to read as follows:
- 1.
"Nuclear reactor," "byproduct material," "person," "source material, 11 11 specia1 nu cl ear materia 1, 11 and 11precauti onary evacuation" sha 11 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 arisrng out of or resulting from a nuclear incident or precautionary evacuation (including all r~aSQDable 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 ~adioactive 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 insti-tuted 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.
- '3 2
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
$125,000,000
$140,000,000*
$160,000,000*
$200,000,000*
(From 12:01 a.m., November 5, 1974, to 12 midnight, August 12, 1976, inclusive)
(From 12:01 a.m., August 13, 1976, 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)
(From 12:01 a.m., July 1, 1989)
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Cecil 0. Thomas, Chief Policy Development and Technical Supp_ort Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted
' 1989 By Accepted By
' 1989 Public Service Electric and Philadelphia Electric Gas Company Company Accepted
' 1989 Accepted
' 1989 By ~~-~---~--~~--
Del ma rv a Power and Light Company By --..,,...,...~....,........_,,......,...__,,....-
Atlantic City Electric Company
- and, as of August 1, 1977, the amount available as secondary financial protection.