ML18142B176
| ML18142B176 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 04/06/1977 |
| From: | White L Rochester Gas & Electric Corp |
| To: | Rusche B Office of Nuclear Reactor Regulation |
| References | |
| Download: ML18142B176 (17) | |
Text
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Rochester Gap
& Electric Corp.
Rochester, N. Y.
L. D. White, Jr.
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ITPlt AND ELECTRIC CORPORATION o
S9 EAST AVENUE, ROCHESTER, N.Y. 14649 LEON D. WHITE. JR.
VICC PRKSIDKNT
,6, 1977 TELEPHONE AREA COOK Tlat 546-2700 Office of Nuclear Reactor Regulation ATTN: Mr. Benard C. Rusche, Director U. S. Nuclear Regulatory Commission Washington, D. C.
20555
Subject:
Nuclear Energy Liability'nsurance R. E. Ginna Nuclear Power Plant, Unit No.
1 Docket No. 50-244
Dear Mr. Rusche:
In compliance with your requirements, we attach hereto one certi-fied copy of the following endorsements to our Nuclear Energy'iability Policies:
Endorsement Polic No.
Effective Date Pur ose MAELU MF-47 39, 1/1/77 Broadens definition of "insured shipment."
MAELU MP-47 40 1/1/77 Adds disclaimer:
insurance in-spection does not warrant that plant is either safe or in compli-ance with any regulation.
MAELU MP-47 41 1/1/77 Discovery period extended from 10 to 20 years.
MAELU MP-47 42 1/1/77 Increases available limits to
$ 31,500,000.
NELIA NF-170 52 1/1/77 Increases available limits to
$ 108,500,000.
Ifyou should require additional information, please advise.
Attachments Very. truly yours, L. D. White, Tr.
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NUCLEAR ENERGY LIABILITY INSURANCE'UTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS AMENDMENT OF DEFINITION OF "NUCLEAR ENERGY HAZARD Indemnified Nuclear Facilit It is agreed that:
1.
Solely with respect to an "insured shipment" to which the policy applies as proof of financial protection required by the Nuclear Regulatory Commission subdivision (2) of the definition of "nuclear energy hazard" is amended to read:
(2) the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a) the territorial limits of the United States of America, its territories or possessions, Puerto Rico or the Canal Zone; or (b) international waters or airspace provided that the nuclear material is in the course of transportation between two points located within the territorial limits described in (a) above and there are no deviations in the course of the transportation for the purpose of going to any other country, state or nation, except a deviation in the course of said transportation for the purpose of going to or returning from a port or place of refuge as the result of an emergency, 2.
As used here, "financial protection," has the meaning given it in the Atomic Energy Act of 1954, as amended.
Effective Date of this Endorsement January 1,
1977 To form a part f Foiicy No.
Rochester Gas and Electric Cor oration March 8, 1977 Date of Issu THIS IS TO CERTIFY THAT THIS IS A~~
TRUE COPY OF ENDO'RSEttIENT NO....... /..
IIAOE PART OF NUCLEAR EtlERG POLICY I'ACILITYljNti) NO. hlF....H......
NO INSURAK
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By For the Subscribing Companies MUTUALATOMIC ENERGY LIABILI'I'YUNDERWRITERS RICHE "O E. GOOOLIAtt, SECRETARY MUTUAL A U., C E,(LAG'IAbiL!TYUliDERI'IRITKRS Endorsement No.
Countersigned by AUTHoalzlo REPasssNTATTYs
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NUCLEAR ENERGY LIABILITYINSURANCE
- MUTUAL ATONIC ENERGY LIABILITYUNDERWRITERS AMENDMENT OF CONDITION 2 "INSPECTION; SUSPENSION" Su lier's and Trans orter's Form It is agreed that Condition 2 "Inspection; Suspension" is replaced by the following:
2.
INSPECTION; SUSPENSION.
The companies shall at any time be permitted but not obligated to inspect the insured's premises and operations and to examine the insured's books and records as far as they relate to the subject matter of this insurance.
Neither the right to make inspections and examinations nor the making thereof nor any advice or report resulting therefrom shall constitute an"undertaking, on behalf of or for the benefit of the insured or others, to determine or warrant that such premises and 'operations are safe or healthful, or are in compliance with any law, rule or regulation.
If a representative of the companies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hazard and which is within the control of the insured, a representative of the companies may request that such condition be corrected without delay.
In the event ot noncompliance with such request, a representative of the companies
- may, be wri.tten notice to the named insured, immediately suspend the insurance with respect to such condition.
The period of such suspension shall terminate as of the time stated in a written notice fr'om the companies to the named insured that such condition has been corrected.
Effective Date of this Endorsement Januar 1
1977 To form a part f Policy No.
Rochester Gas and Electric Corporation Issued to March 8, 1977 Date of Issu If (~(~,)
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s (ta(e.lI I"I,"il" 'E IS FFOROi 9 H 'IHIS THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF EHOORSEMEHT HO......,,
V'(OE FAIIl PF HUGLEAR EIIERQY POLICY MF '.4g.....
((IO For the Subscribing Companies MU L ATOMIC ENERGY LIABILITYUNDERWRITERS RI"'7"O F.. GQSOISAH, SECR TARY
'I"i 'E UASI0TY UIIOEI(V/RITKRS LlUTUA(. A(Oi',"u bIEi,~
40 Endorsement No.
Countersigned by 8 VTBORIXRDRIPREIENTATlvs 1ah
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NUCLEAR ENERGY LIABILITYINSURANCE MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS WAIVER OF DEFENSES ENDORSEMENT
'(Extraordinar Nuclear Occurrence)
The named insured, acting for himself and every other insured under the policy, and the members of the Mutual Atomic Energy Liability Underwriters agree as follows:
1.
With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) aris'es out of 'or results from or occurs in the course of the'construction, possession, or operation of the facility, or (b) 'arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of of the insureds, including but not limited to:
(i) negligence,
'(ii) contributory negligence,
{iii)assumption or risk, and (iv) unforeseeable intervening causes, whether involved the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) 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 bodily injury or property damage and the cause thereof, but in no event more than twenty years after the date of the nuclear incident.
The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.
2.
The waivers set forth in paragraph l. above do not apply to (a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if. benefits therefor are either payable or required to be provided under any workers'ompensation or occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for <songful death under any state law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual
- damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under such law.
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3.
The waivers set forth in paragraph
- 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms other than this endorsement;
- provided, however that with respect to bodily injury or property damage resulting from an extraordinary nuclear occurrence, Insuring
'greement IV, "Application of Policy," shall not operate'o bar coverage for bodily injury or property damage (a) which is caused during the policy period by, the nuclear energy hazard and (b) which is discovered and for which written claim is made against the" insured not later than twenty years after the date of the extraordinary nuclear occurrence.
Such waivers shall not apply to, or prejudice the prosecution or"defense of any claim or portion of claim which is not within the protection afforded under'(a) the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170 e. of the Atomic Energy Act of 1954 as amended.
Such waivers shall not preclude a defense based upon the failure of the claimant to take reasonable steps to mitigate damages.
- 4. Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as
- amended, the waivers set forth in paragraph l. above shall be judicially enforceable'n accordance with their terms against any insured in an action to recover damages because of bodily injury or property damage to which the policy applies as proof of financial protection.
- 5. As used herein:
"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.
"financial protection" and nuclear incident" have meanings given them in the Atomic Energy Act of 1954, as amended.
"claimant" means the person or organization actually sustaining the bodily injury or property damage and also include his assignees, legal represen-tatives and other persons or organizations 'entitled to bring an action for damages on account of such injury or damage.
Effective Date of this Endorsement January 1,
1977 f poi;~ ~o MF-47 To form a part Rochester Gas and Electric Corporation Issued to March 8,1977 Date of Issu TH>S IS TO CERTIFY THAT THIS IS A T~
C.)PY CI. E,)ODRSEIIENT NO....f/..~
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~",UCLEAIR ENERGY POLICY
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j'F')A'ID E. GOODLIAN, SECRETARY VUTUAL Aitiv)iC DIERGY LIABILITY UNDERWRITERS'or the Subscribing Companies MUT L ATOMIC ENERGY LIABILITYUNDERWRITERS By Endorsement No.
Countersigned by hUTHORLXEDRRFassINTATn)a
NUCLEAR ENERGY LIABILITYINSURANCE MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS AMENDMENT OF CONDITION 4 ENDORSEMENT It is agreed that with respect to bodily injury or property damage caused after the effective date of this endorsement by the nuclear energy hazard
,the figure $28,125,000 stated in Condition 4 of the policy is amended to read
$31,500,000.
Effective Date of this Endorsement January 1,
1977 To form a part f Policy No.
Rochester Gas and Electric Corporation Issued to March 8, 1977 Date of Issu THIS IS TO CERTIFY THAT THIS IS g (
TRUE COPY OF ENDORSEMENT N0...7....~
tiIADE PART OF NUCLEAR ENE)GP POLICY (FACILITY FORtiI) NO. MF... f...l.:. NO INSURANCE IS Al'FOROEO UNDER THIS TRJE COPY.
For the Subscribing Companies UTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS
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P."T O',LITY'UNDERVIRITERS Endorsement No.
42 Countersigned by AUTnoatxso RapasssNTATtvs NE 43E (1/1/77)
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N Nuclear Energy LiabilityInsuran'ce NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION AMENDMENT OF CONDITION 4 AND AMENDMENT IN 1977 SUBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITYENDORSEMENT It is agreed that:
1.
with respect to bodily injury. or property damage caused after the effective date of this endorsement by the nuclear energy
- hazard, the figure
$ 96,875,000 stated in Condition 4 of the policy is amended to read
$108,500,000.
2.
the listing of subscribing companies and their proportionate liability for calendar year 1977 shown on the reverse side of the Advance Premium and Standard Premium Endorsement for Calendar Year 1977 is replaced by the listing on the reverse side of this endorsement.
(over)
This is to certify that this is a true copy of the original Endorsement having the esdorho'ent n 'aber and being made part oi the Huclear Hner~g LiabilityPolicy (Facility Form) as des ignated hereon. 'nsurance is afforded hereunder.,
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> re Insur ng urance assoc Effective Date of this Endorsement Issued to Date of Issue January 1,
1977 12:Ot A.M. Standard Time Rochester Gas and Electric Corporation Jan ar 31 1977 To form a part of Policy No For the su cribing co panies Endorsement No NE-43D (1/1/77) 52 By Countersigned by General Manager
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SUBSCRIBING COMPANIES PROPORTION OF IDOL 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 Haiden La., llew York, NY 10005 American Hotorists Insurance Co., Long Grove, IL 60049 Centennial Insurance Co.,
45 Wall St.,
New York, NY 10005 Comnercial Union Insurance Co.,
One Beacon St., Boston, HA 02108 Continental Casualty Co.,
CHA 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 Fire and Life Assurance Corp., Ltd. 414 Walnut St., Philadelphia, PA 19105 Great American Insurance Co.,
580 Malnut St., Cincinnati, OH 45201 Gulf Insurance Co.,
3015 Cedar Springs, Dallas, 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., Iiartford, 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, HD 21203 Honarch Insurance Co. of Ohio, The, 19 Rector St.,
New York, NY 10006 Northwestern National Ins. Co.,
731 No. Jackson St., Hilwaukee, WI 53202 Pacific Indemnity Co., 3200 Wilshire Blvd., Los Angeles, CA 90054 Peerless Insurance Co.,
62 Haple Ave., Keene, NH 03431 Phoenix Assurance Co. of New York, 80 Haiden La.,
New York, NY 10038 Protective Insurance Co.,
3100 No. Meridian St., Indianapolis, IN 46208 Providence Mashington Insurance Co.,
20 Washington Place, Providence, Rl 02903 Puritan Insurance
- Company, 1515 Sunder St., Stamford, CT 06905 Reliance Insurance
- Company, 4 Penn Center Plaza, Philadelphia, PA 19103 Royal Globe Insurance
Paul Fire 8 Harine Ins. Co.,
385 Hashington St.. St, Paul, HN 55102 Seaboard Surety Co.,
90 William St.,
New York, NY 10038 Security Insurance Company of Hartford, 1000 Asylum Ave., Hartford, CT 06101 State Farm Fire 6 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 Ciuaranty Co., P.O.
BOX 1138, Baltimore, HD 21203 United States Fire Insurance Co., Hadison Ave. at Canfield Rd., Horristown.
HJ 07960 Zurich Insurance Co.,
111 West Jackson Blvd., Chicago, IL 60604 NE-77a 11.4807836 2.3753345 4.7506691
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.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 1.0689005
.7917782
.6334225 11.2432501 9.0262712 2.8504014
.7917782 Attachment to Endorsement No. 52.
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