ML18142B178

R. E. Ginna - 02/08/1977 Letter Nuclear Energy Liability Insurance. Includes Endorsement Nos. 48, 49, 50, 51 to Policy No. Nelia NF-170 & Endorsement No. 38 to Policy No. Maelu MF-47

ML18142B178
Person / Time
Site:	Ginna
Issue date:	02/08/1977
From:	White L Rochester Gas & Electric Corp
To:	Rusche B Office of Nuclear Reactor Regulation
References
Download: ML18142B178 (14)

Text

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~l/luZZ<i!Ikll suZSZI ROCHESTER GAS AND ELECTRIC CORPORATION o

89 EAST AVENUE, ROCHESTER, N.Y. 14649 LEON D. WHITE. JR VICE PRESIDENT e

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Subject:

Nuclear Energy Liability Insurance R. E. Ginna Nuclear'Power Plant, Unit No.

1 Docket No. 50-244 TELEPHONE ARE* CODE 7I6 546-2700 February 8

1977 kj gg, Office of Nuclear Reactor Regulation ATTN: Mr. Benard C. Rusche, Director U. S. Nuclear Regulatory Commission Washington, D. C.

20555

Dear Mr. Rusche:

Pur ose In compliance with your requirements, we attach hereto one certified copy of the following endorsements to our Nuclear Energy Liability Policies:

Endorsement No.

Effective Date NELIA NF-170 48 1/1/77 Adds disclaimer:

Insurance inspection does not warrant that plant is safe or in compliance with any regulation.

NELIA NF-170 49 1/1/77 Discovery period extended from 10 to 20 years.

NELIA NF-170 50 1/1/77 Broadens definition of "insured shipment. "

NELIA NF-170 51 1/1/77 Establishes 1977 Advance Premium as

$258,075.

1/1/77 MAELU MF-47 38 Very truly yours, Establishes 1977 Advance Premium as

$ 74,925.

If you should require additional information, please advise.

t Attachments

~AMP L. D. White, Jr.

p 70 > z"o03 7 9 384

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~ clear Energy Liabilitytneuran NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION AMENDMENT OF CONDITION 2 "INSPECTION'USPENSION" Facil ity 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 facility and all operations relating thereto and to examine the i'nsured's books and records as far as they relate to the subject matter of this insurance.

Neither the right to make inspections and examina-tions nor the making thereof nor any advice or report resulting therefrom shall constitute an undertaking, on behalf of or for the benefit of the in-sured or others, to determine or war rant that such facility or 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, a repre-sentative of the companies

'may request that such condition be corrected with-out delay.

In the event of non-compliance with such request, a representative of the companies

may, by notice to the named insured, to any other person or organization considered by the companies to be responsible for the continuance of such dangerous condition, and to the United States Nuclear Regulatory Com-

mission, suspend the insurance with r'espect to the named insured and such other person or organization effective 12:00 midnight of the next business day of such Commission following the date that such Commission receives such notice:

The period of such suspension shall terminate as of the time stated in a written notice from the companies to the named insured and to each such person or organization that such condition has been corrected.

This is to certify that this is a true cony of the crit inane, Endorsement having the endorsement number and being made part of the Nuclear Energy Liabil"ty Policy (Facility Form) as deEL-ignated hereo o Insurance is afforded hereunder.

I Charles H. Ba Ba s,

,er-Liabili y Undermrit'fng 2Iuc3,ear. Energy ltiabil

-Property Insurance, Assoc.

January 1,

1977 12:01 A.M. Standard Time Issued to Rochester Gas and Electric Cor oration Date of Issue December 15, 1976 To form a part'of Policy No NF-For the su cribing co panles Endorsement No 48 NE'-46 (1/1/77)

By Countersigned by General Manager

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Nuclear Energy LiabilityInsurance ~

NUCL8% ENERGY LIABILITYINSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nucl ear Occurrence)

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the con-struction, 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 the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii) assumption of 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 imunity, 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.

The named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

NE-33a 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 ei ther payable or re-quired to be provided under any workmen's compensation or occupational disease'aw; (c) any claim for punitive or exemplary

damages, provided, with respect to any claim for wrongful 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

'ecuniary injuries resulting from such death but not to exceed the maximum.amount otherwise recoverable under such law.

(over)

'3.

4, 5.

7he waivers set forth i~aragraph l. above shall be eff~ive only with respect to bodily injury or probity damage to which the policy ~ies under its terms other than this endorsement;

provided, however, that with respect to bodily in-jury or property damage resulting from an extraordinary nuclear occurrence, In-suring Agreement IV, "Application of Policy", shall not operate to 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 pro-tection required of the named insured; (b) the agreement of indemnification between the named 'insured and the 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 170e.'f the Atomic Energy Act of 1954, as amended.

Such waivers shall not preclude a defense based upon the failure of the claim-ant to take reasonable steps to mitigate damages.

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 1.

above, shall be judicially enforceable in 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.

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 the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means the person or o&~fbizgtl,stl"b~@lp yustaining the bodily injury or property damage and algb %nc)qg~s'1szyssigReQst~

Jggal represent-atives and other Persons or orgaiitgetsaQ>

eiltidr]~eg,t'( hrdngean adtnogoPr damages on account of such injury or da ia 8

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ozst) t~tez, as des-Effective Date of this Endorsement Issued to Januar 1

1977 Cftt~p.

12:01 A.M. Standard Time Ro he e

rm a pa of llc o

170 ne~~~q,

'rtaaep g Date of Issue For the su gP

+< flirtg oe 4s soo Endorsement No NE-33a (llll77)

By Countersigned by General Manager

Nuclear Energy Liabilitytneurann&

NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION 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',

subdivisio'n (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 tftmeri ca, 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 trans-portation 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 devia-tion 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.

nergy LiabilityPolicar (Facility For No Xnsuran e is afforded hereunder.

of the le ig t he e n This is to cer y

tif that this is a tru~ copy of the original the endorsement number and being made part Endorsement hiving e en m) ss des-G'harpies R. 13ari e, ffanager-Liability Undertgriting Huc3,ear Energy iia ility-Property insurance Assoc..

To form a part of Policy No Effective Date of this Endorsement JN1VOXJU.~O 12:01 A.M. Standard Time fssued to Rochester Gas and Electric Cor oration

~~51956 For the su cribing co panies By Generai Manager Endorsement No NE-44

[1/1/77)

Countersigned by

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lear Energy I.iabilityInsuranc~

NUGAE EAR E RGY LIABILITYINSURANCE ATSOCIATION

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1)

ADVANCE.PREMIUM AND STANDARD PREHIUM ENDORSEMENT 2)

CHANGES IN SUBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITYENDORSEMENT Calendar Year.1977 la.

ADVANCE PREMIUM: It is agreed that the Advance Premium due the companies for the period designated above is:

258,075.00 3

b.

STANDARD PREMIUM AND RESERVE PREMIUM: In the absence. of a change in the Advance Premium indicated above, it is agreed that, subject to the pro-

- visions of the Industry Credit Rating Plan, the Standard Premium is said Advance Premium and the Reserve Premium is:

193,812.00 2.

It is agreed that with respect to bodily injury or property damage

caused, during the effective period of this endorsement, by the nuclear eneray hazard:

a.

The word "companies" wherever used in the policy means the subscribing companies listed on the reverse side of this endorsement.

b.

The policy shall be binding on such companies only.

c.

Each such company shall be liable only for its proportion of any obligation assumed or expense incurred under the policy because of such bodily injury or property damage as designated on the reverse side of this endorsement.

3.

It is agreed that the effective period of this endorsement is from the beginning of the effective date of this endorsement stated below to the close of December 31st of,the Calendar Year designated. in the caption

above, or to the time of the termination or cancellation of the policy, if sooner.

gnatod her on.

(Over)

This is to cor y

+lis is a true"copy of the original Endorsement having e on th ondorsoment numbor and being made part of tho lluclear Energy abi E

~~. LiabilityPolicy (Facility Form) as des-Ho Insurance is afforded hereunder, Charles R.

~or-LiabilityUndermiting

-Pro erty Insura To form a part-of Policy No nuclear Energy Liability p

Effective Dale of this Endorsement 12:01.A.M. Standard Time issued to

'ochester Gas and Electric Cor oration Date of Issue For the su cribing co panies 33 Endorsement No NE-35 (1/1/77)

By Countersigned by General Manager

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NUCLEAR ENERGY LIABILITYINSURANCE MUTUAL ATONIC ENERGY LIABILITYUNDERWRITERS ADVANCE PREMIUM ENDORSEMENT and STANDARD PREMIUM ENDORSEMENT Calendar Year 1.

ADVANCE PREMIUM It is agreed that the Advance Premium due the companies for the calendar year designated above is 74 925.00 2.

STANDARD PREMUM AND RESERVE PREMIUM In the absence of a change in the Advance Premium indicated above, it is

~agreed that, subject to the provisions of the Industry Credit Rating Plan, the Standard Premium and Reserve Premium are:

Standard Premium 74 925.00 Reserve Premium 56 268.00 Effective Date of this Endorsement January 1

1977 To form a part of Policy No.

MF-47 Issued to Rochester Gas and Electric Date of Issue December 6

1976 THIS IS TO CERTIFY THAT THIS IS A

" 'ORT CF E>>'.I'ORS i>>IEI>>T I,O.............

I,I.'>>.i 'AF>>>>" OF IIUCLEAR EI (I'I'iI,'<T Ey.l',) l,'J. I1Fa....A.g... IIO. i/

TI>>PCG>>'

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GOOOMAII SECRETAR For the Subscribing Companies MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS EIIERGY BILITY UIIDERYIRITERS Endor's'Gm'en't"'NS.

Countersigned by AUTHORIZED REPRESENTATIVE

4 4