ML18151A307
| ML18151A307 | |
| Person / Time | |
|---|---|
| Site: | Surry, North Anna  |
| Issue date: | 11/14/1990 |
| From: | Stewart W VIRGINIA POWER (VIRGINIA ELECTRIC & POWER CO.) |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| 90-668, NUDOCS 9011190363 | |
| Download: ML18151A307 (123) | |
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e VIRGINIA ELECTRIC AND POWER COMPANY RICHMOND, VIRGINIA 23261 November 14, 1990 United States Nuclear Regulatory Commission Attention: Document Control Desk Washington, D. C. 20555 Gentlemen:
VIRGINIA ELECTRIC AND POWER COMPANY SURRY POWER STATION UNITS 1 AND. 2 NORTH ANNA POWER STATION UNITS 1 AND 2 Serial No.
NO/RFB Docket Nos.
License Nos.90-668 50-280 50-281 50-338 50-339 DPR-32 DPR-37 NPF-4 NPF-7 Pursuant to 1 O CFR 50.54, Virginia Electric and. Power Company is submitting sixty -
two certified endorsements to ANI/MAELU Nuclear Liability Insurance Policies for Surry and North Anna Power Stations.
Enclosed are the Nuclear Liability Insurance Policies as well as a summary of the submittals.
If you have any questions concerning this submittal, please contact us.
Very truly yours, lJtf(;;,j W. L. Stewart Senior Vice President - Nuclear Attachments
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U. S. Nuclear Regulatory Commission Region II 101 Marietta Street, N. W.
Suite 2900 Atlanta, Georgia 30323 Mr. W. E. Holland NRC Senior Resident Inspector Surry Power Station Mr. M. S. Lesser NRC Senior Resident Inspector North Anna Power Station
50-280/281/338/339 SURRY & NORTH ANNA SIXTY-1WO CERTIFIED ENDORSEMENTS TO ANI/MAELU NUCLEAR LIABILITY INSURANCE POLICIES P-.EC'D W/LTR DTD 11/14/90... 9011190363
-NOTICE-THE A TT ACHED FILES ARE OFFICIAL RE-CORDS OF THE RECORDS & REPORTS MANAGEMENT BRANCH. THEY HAVE BEEN, CHARGED TO YOU FOR A LIMITED TIME PERIOD AND MUST BE RETURNED TO THE RECORDS & ARCHIVES SERVICES SECTION P1-122 WHITE FLINT.
PLEASE DO NOT DOCUMENTS CHARGED OUT THROUGH THE MAIL.
REMOVAL OF ANY PAGE(S) FROM DOCUMENT FOR REPRO-DUCTION MUST BE REFERRED TO FILE PERSONNEL.
-NOTICE-
__,_ __ _, __ -----~-~-
NUCLEAR LIABILITY INSURANCE ENDORSEMENTS Policy/Certificate Nuclear Liability-North Anna (ANI)
Nuclear Liability-North Anna (MAELU)
Nuclear Liability-Surry (ANI)
Nuclear Liability-Surry (MAELU)
Secondary Financial-North Anna (ANI)
Secondary Financial-North Anna (MAELU)
Secondary Financial-North Anna (ANI)
Secondary Financial-North Anna (MAELU)
Secondary Financial-Surry (ANI)
Secondary Financial-Surry (MAELU)
Secondary Financial-Surry (ANI)
Secondary Financial-Surry (MAELU)
Nuclear Liability-North Anna (ANI)
Nuclear Liability-North Anna (MAELU)
Nuclear Liability-Surry (AN I)
Nuclear Liability-Surry (MAELU)
Secondary Financial-Surry (ANI)
Secondary Financial-Surry (MAELU)
Secondary Financial-North Anna (ANI)
Secondary Financial-North Anna (MAELU)
Secondary Financial-North Anna (ANI)
Secondary Financial-North Anna (MAELU)
Secondary Financial-Surry (MAELU)
Secondary Financial-Surry (ANI)
Nuclear Liability-Surry (ANI)
Nuclear Liability-Surry (MAELU)
Nuclear Liability-Surry (AN I)
Nuclear Liability-North Anna (MAELU)
Nuclear Liability-North Anna (ANI)
Nuclear Liability-North Anna (MAELU)
Nuclear Liability-Surry (MAELU)
Nuclear Liability-Surry (MAELU)
Nuclear Liability-Surry (ANI)
Nuclear Liability-Surry (ANI)
Nuclear Liability-North Anna (ANI)
Nuclear Liability-North Anna (MAELU)
Nuclear Liability-North Anna (MAELU)
Nuclear Liability-North Anna (MAELU)
Nuclear Liability-North Anna (ANI)
Nuclear Liability-Surry (MAELU)
Nuclear Liability-Surry (ANI)
Nuclear Liability-Surry (ANI)
NF-240 MF-96 NF-186 MF-57 N-63 M-63 N-70 M-70 N-27 M-27 N-28 M-28 NF-186 MF-57 NF-240 MF-96 N-28 M-28 N-63 M-63 N-70 M-70 M-27 N-27 NF-186 MF-57 NF-186 M-70 N-70 M-63 M-27 M-28 N-28 N-27 NF-240 MF-96 MF-96 MW-67 NW-140 MW-31 NW-94 N-63 Endorsement Number 73 - 78 59 - 64 100 - 105 80 - 85 17 17 17 17 15 15 15 15 107 87 80 66 14 14 16 16 16 16 14 14 99 79 98 15 15 15 13 13 13 13 7
58
. 78 6
6 6
6 15
1,,
NE-33b Nuclear Energy LlabllHy Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear occurrence)
Effective August 20, 1988, 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:
- 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 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 the insureds, including but not limited to:
(i)
( ii)
( iii)
(iv) negligence, contributory negligence, assumption of risk, and unforeseeable intervening
- causes, whether involving 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.
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 1. above do not apply to Page 1 of 3
- r,
NE-33b (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
~orkmen's compensation or occupational disease law; (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 pecuniary injuries resulting from such death but not to exceed -the maximum amount otherwise recoverable under law.
- 3.
The waivers set forth in paragraph 1.
above shall be effective only with respect to bodily injury or property damage to which. the pol icy 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 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 (20) years after the date of the extraordinary nuclear occurrence.
4
- 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 170e.
of the Atomic Energy Act of 1954, as amended.
such waivers sha::11' hot preclude a defense based upon* the failure of the claimant 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 Page 2 of 3
- 5.
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 organization actually sustaining the bodily injury or property damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
This is to certify that this is a true copy of the original Endorsement having the endorsement number and beinq m:ide part of the Nuclear Energ-y Liability Policy (F,cility Fo:*;.,,} as u~::.-
ignated;ereon. No Insu-- nc0
- c
,,- 1 hereunder.
- --8.
John L.
'trocchi, Vice President-Unden.vTitmg American Nuclear Insurers Effective Date of this Endorsement August 20, 1988 Issued to Date of issue Endorsement No.
NE-33b To form a part of Policy No.
NF-240
.. 12:01 A.H. Standard time Virginia Electric & Power Company February 16, 1990 For the
,By 73 Page 3 of 3
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY Effective August 20, 1988, it is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT NE-33b with respect to an extraordinary nuclear occurrence occurring at the facility, a
claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating license has been issued by the Nuclear Regulatory commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(1)
(2)
(3) the claimant is employed exclusively in connection with the construction of a nuclear reactor, including all related equipment and installations at the facility, and no operating license has been. issued by the Nuclear Regulatory Commission with respect to the nuclear reactor, and the claimant is not employed in connection with the possession,
- storage, use or transfer of nuclear material at the facility.
This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part
- of the Nuclear Energy Liab!lity Policy aci!ity. Form) as des-ignate;ereon. No Ins ranee is ~ffo, d hereunder.
John L. ')L ttro
, Vice resident-Underwn *Jig American ~uclear Insurers Effective Date of this Endorsement __
A_u_g_u_s_t_2_0_,_1_9_8_8 _____ _
To form a part of Policy No.
NF-240 12:01 A. M. Standard time Issued to ______
V_i_r.._g_i n_,_* a_E_l_e_c_t_r_i c_&_P_o_w_e_r_C_om __ p
__ a_n_y ______________ _
Date of Issue February 16, 1990
~dorsement No.
74 Countersigned by _________________ ___
NE-39b
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION Restriction of Companies Obligation to Defend, Investigate, Negotiate or settle Any Claim or Suit (Section 170 o. of the Atomic Energy Act of 1954, as amended)
Effective August 20, 1988, it is agreed that whenever, pursuant to subsection 170 O.
of the Atomic Energy Act of 1954 ~
as
- amended, an appropriate U.S.
District Court determines that liability from a single nuclear incident may exceed the limit of liability under the applicable limit of liability under subsection 170 e.(l) (A), (B) and (C) of the Atomic Energy Act of
- 1954, as
- amended, the companies obligations under Insuring Agreement I, to defend, investigate, negotiate or settle any claim or suit under the policy do not include any obligation that would necessitate or result in the companies incurring legal
- costs, including costs of initiating, prosecuting, investigating, settling,* or defending claims or suits, which are not authorized for payment by a court pursuant to such subsection 170 o
- Effective Date of this Endorsement August 20, 1988 Issued to Date of issue
. Endorsement No.
NE-70 To form a part Gf Policy No.
NF-240 12:01 A.M. Standard time Virginia Electric & Power Company February 16, 1990 For the By 75 Countersigned by---------------------------------------~
~*
Nuclear Energy Llablllty Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear occurrence)
The named insured. acting for himself and every other iris~red under the policy. and the members of Nuclear Energy Liability Insurance Association agree as follows:
- 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 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 fhe claimant or the fault of the insureds, including but not limited to:
(i)
(ii)
(iii)
(iv) negligence, contributory negligence, assumption of risk. and unforeseeable intervening causes, whether involving 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.
The waiver of any such issue or defense shall be effec-tive 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 1. above do not apply to (a) bodily injury, property damage or environmental damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant:
NE-33c (1/1/90)
Page 1 of 3
'r**
(b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extra6rdinary nuclear occurrence takes place if benefits therefor are either payable or required to be provided under any workmen's compensation or occupational disease law:
(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 pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.
- 3.
The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury. property damage or environmental damage to which the policy applies under its terms other than this endorsement: provided.
however. that with respect to bodily injury. property damage or environmental damage resulting from an extraordinary nuclear occurrence.
the provisions of COVERAGES A and C of the policy providing coverage for bodily injury. property damage or environmental damage caused during the policy period by the nuclear energy hazard and which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the policy period shall not operate to bar coverage for bodily injury. property damage or environmental 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 ( 20) 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 ~!ability provisions of Subsection 170e.
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.
NE-33c (1/1/90}
Page 2 of 3
)'
' '~
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 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury. property damage or environmental damage to which the policy applies as proof of financial protection.
- 5.
As used herein:
flextraordinary nuclear occurrence" means an event wl'lich 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 organization actually sustaining the bodily injury.
property damage or environmental damage and also includes his assignees.
legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
This is to certif,.,; that this is a true copy of the originai Endorsement having the endorsement rY tmber and beino m"'dP.. ).,,rt ft'
- ,r
"**I-'-'
o ne ! ~ue:2ar cnerg.; Uabilitv Policy ':?,..;lit; r::0.-ir) "'S de~
ionate;o~r "'
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John L.. i. 1Hrocchi, Vice President-Underv,Titing American Nuclear Insurers Effective Date of this Endorsement January 1, 1990 To form a part of Policy No. NF-240 Issued to Date of Issue
~dorsement No, NE-33c (1/1/90) 12:01 A, M. Standard time Virginia Electric & Power Company February 16, 1990
- r the ~ribing tZanies, fi~ a~
76 Countersigned by------------------------------------------------
Page 3 of 3
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in I construing the application of paragraph 2 (b) of the WAIVER OF DEFENSES ENDORSEMENT NE-33c with respect to an extraordinary nuclear occurrence occurring at the
- facility, a
claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating license has been issued by the Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(1) the claimant is employed exclusively in connection with the construction of a nuclear reactor, including all related equipment and installations at the facility. and
( 2) no operating license has been issued by the Nuclear Regulatory Commission with respect to the nuclear reactor, and
{3) the claimant is not employed in connection possession, storage, use or transfe~ of material at the facility.
with the nuclear This is to certify that this is a trne copy of the original Endcrsement having the endorsement number and being made part
- of the Nuciear Energy Liability Policy (
cility Form) as des-ignatetd.
ereon. No Insw;pnce i J for hereunder.
....s;'?> '
~).
- C:;:)
- John L.
ttrocchi, Vice President-Underwri 1 American Nuclear Insurers Effective Date of this Endorsement ___ J_a_n_u_a_r_y __ l_, __
l 9_9_o _______ _ To form a part of Policy No.
NF-240 12:01 A. M. Standard time Issued to ______
v~,!..!* r~gl!i.!.!n:.!.i~a....;E=..l~e~c:.!t:!.r~i~c_:&~P..::o:.:.:w:.:e.:.r_;_Co::m::.!p:.:a:.:.:n~y-----------:------
~ndorsement No, 77
- rthe~**_
Countersigned by __________________________ ___
Date of Issue February 16, 1990 l~E-39c (1/1/90)
1
\\".
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION It is agreed that:
AMENDATORY ENDORSEMENT (Facility Form)
- 1.
INSURING AGREEMENT I is replaced by the following:
I COVERAGE A -
LIABILITY
- To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage. or as covered environmental cleanup costs because of environmental damage.
This Coverage applies only to bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard. and which is discovered and for which written claim is made against the insured. not later than ten (10) years after the end of the policy period.
The companies shall have the right and duty to defend any claim or suit against the insured alleging such injury or damage. and seeking damages or costs which are payable under the terms of this policy; but the companies may make such investigation, negotiation and settlement of the claim or suit as they deem expedient.
The companies' duty to defend shall be limited, as described in INSURING AGREEMENT IV, if the claim or suit also seeks any of the following, which in no event shall be construed as covered by this policy:
(1) damages for on-site property damage; (2),recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs:
(3) performance of an insured's environmental protection obligations or on-site cleanup obligations; or (4) any other relief or recovery except payment of covered damages or covered environmental cleanup costs.
The companies' duty to. defend claims or suits ends when the limit of their liability has been exhausted pursuant to CONDITION 3.
Subject to INSURING AGREEMENT IV. the companies shall pay.
with respect to any claim or suit they defend, the costs incurred in the defense. including (1) costs taxed against the insured in any such suit and interest on any judgment therein:
(2) premiums on appeal bonds and bonds to release attachments in any such suit. but without obligation to apply for or furnish such bonds;
(3) reasonable expenses. other than loss of earnings.
incurred by the insured at the companies-' request.
COVERAGE B -
DAMAGE TO PROPER.TY OF AN INSUR.ED AWAY FROM THE FACILITY With respect to property damage caused during the policy period by the nuclear energy hazard to.the property of an insured which is away from the facility. to pay to such insured those sums which such insured would have been legally obligated to pay as covered damages therefor. had such property belonged to another.
COVERAGE C -
SUBROGATION - OFFSITE EMPLOYEES With respect to bodily injury caused during the policy period by the nuclear energy hazard to any employee of an insured. and which is discovered and for which written claim is made against the insured. not later than ten (10) years after the end of the policy period. to pay to the workmen's compensation carrier of such insured as follows:
All sums which such carrier would have been entitled to recover and retain as damages from another person or organization. had such person or organization alone been legally responsible for such bodily injury. by reason of the rights acquired by subrogation by the payment of the*
benefits required of such carrier under the applicable workmen's compensation or occupational disease law.
An employer who is a duly qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this Coverage.
This Coverage does not apply to bodily injury tc any person who is employed at and in connection with the facility: nor shall it constitute workmen's compensation insurance as required under the laws of any state.
- 2.
INSURING AGREEMENT II is"replaced by the following:
II DEFINITION OF INSUR.ED The unqualified word "insured" includes (a) the named insured and (b) any other person or organization with respect to his legal responsibility for covered damages or covered environmental cleanup costs because of bodily injury, property damage or environmental damage caused by the nuclear energy hazard.
subdivision (b) above does not include as an insured the United Sta_tes of America or any of its agencies. except the Tennessee Valley Authority.
Subject to CONDITION 3 and the other provisions of this policy, the insurance applies separately to each insured against whom claim is made or suit is brought.
2
- 3.
INSURING AGREEMENT III is replaced by the following:
III DEFINITIONS Wherever used in this policy:
"bodily injury" means bodily injury, sickness or disease, including death resulting therefrom, sustained by any person.
"covered damages" means damages because of bodily injury or property damage to which this policy applies:,but covered damages do not include environmental cleanup costs or on-site cleanup costs.
"covered environmental cleanup costs" means only those environmental cleanup costs which are incurred directly for monitoring, testing for, cleaning up, neutralizlng or containing environmental damage as the result of an extraordinary nuclear occurrence or a transportation incident: but covered environmental cleanup costs do not include on-site cleanup costs.
"disposal site" means any structure, basin, excavation, premises or place prepared as a dump or site for the disposal of waste materials of a general nature, but which may also be used for the disposal of waste materials containing small amounts of nuclear material.
"environment" includes land, the atmosphere, and all watercourses, bodies of water and natural resources, whether on, above or below the surface of the ground.
"environmental cleanup costs" include all loss. cost or expense arising out of any governmental decree, ordor or directive (other than an award of covered damages in an action at law) requiring or requesting a person or organization to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination of the environment, whether the contamination is on, above or below the surface of the ground.
"environmental damage" means contamination of the environ-ment by nuclear material.
"environmental protection obligations" include all obligations of any person or organization (1) relating to the protection of the environment from contamination or* imminent danger of contamination, and (2) imposed by~..;onY. governmental laws, regulations or ordinances.
"extraordinary nuclear occurrence" means an event which the United states Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as 3
'1 defined in the Atomic Energy Act of 1954, or in any law amendatory thereof.
"governmental" refers to federal, governments and authorities, including and political subdivisions thereof.
state and local courts, agencies "indemnified nuclear facility" means (1)
(2)
"the facility" as defined in any Nuclear Liability Policy (Facility Form) issued by Energy Liability Insurance Association or Atomic Energy Liability Underwriters, or any other nuclear facility, Energy Nuclear Mutual if financial Atomic Energy with respect thereat.
protection is required pursuant to the Act of 1954, or any law amendatory thereof, to any activities or operations conducted "insured shipment" means a shipment of source material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, herein called "material,"
(1) to the facility from any location except an indemnified nuclear facility, but only if the transportation of the material is not by predeter-mination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its transpor-tation, or (2) from the facility to any other location, but only until the material is removed from a transporting conveyance for any purpose other th&n the continuation of its transportation.
"nuclear energy hazard" means explosive or other hazardous material, but only if the radioactive, toxic, properties of nuclear (1) the nuclear material is at the facility or has been discharged or dispersed therefrom without intent
- to relinquish possession or custody thereof to any other person or organization, or (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 handli.ng and temporary storage incidental thereto, within (a) - the territorial limits of the United States of America, its territories or possessions, or Puerto Rico: or (b) international waters or airspace, provided that the nuclear material is in the course of transportation between two points located within 4
the territorial limits described in {a) above and there is no deviation in the course of the transportation for the purpose of going to any other country. state or nation. except for the purpose of going to or returning from a port or place of refuge as the result of an emergency.
"nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy {Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters.
The term "nuclear facility" also means (1) any nuclear reactor.
(2) any equipment or device ~esigned or used for
{a) separating the isotopes of uranium or plutonium.
{b) processing or utilizing spent fuel. or
{c) handling. processing or packaging waste, (3) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof. or more than 250 grams of uranium 235.
{4) any structure, basin, excavation. premises or place prepared or used for the storage or disposal of waste.
and includes the site on which any of the foregoing is located. all operations conducted on such site and all premises used for such operations.
"nuclear material" means source material, special nuclear material or byproduct material.
"nuclear sustain reaction material.
reactor" means any apparatus designed or used to nuclear fission or a self-sustaining chain or to contain a critical mass of fissionable "on-site cleanup costs" include all loss. cost or expense arising out of on-site cleanup obligations.
"on-site cleanup obligations" include ali obligations of any person or organization.
imposed by common law or otherwise. to undertake or pay for monitoring. testing for. cleaning up. neutralizing or containing contamination by nuclear material at the facility. whether the material is on. above or below the surface of the grounq.
"on-site property damage" includes all property damage to any property at the facility. whether the property is on.
above or below the surface of the ground. other than aircraft. watercraft or vehicles licensed for highway use.
5
provided such aircraft, watercraft or vehicles are not used in connection with the operation of the facility.
"property damage" means physical injury to or destruction or radioactive contamination of property, and loss of use of property so injured, destroyed or contaminated, and loss of use of property while evacuated or withdrawn from use because possibly so contaminated or because of imminent danger of contamination.
"source material," "special nuclear material," and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954, or in any law amendatory thereof.
"spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in any nuclear reactor.
"the facility" means the facility described in the declarations and includes the location designated in Item 3 of the declarations and all property and operations at such location.
"transportation incident" means a discharge or dispersal of nuclear material from an insured shipment caused by collision or upset of the transporting conveyance, or an accident that breaks open, punctures or ruptures the shipping containers or containment thereon: but only if both the discharge or dispersal and the collision, upset or accident take place away from any nuclear facility and away from any disposal site, and both occur in the course of the transportation, including handling and temporary storage incidental thereto.
"waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (1) or (2) thereof.
- 4.
INSURING AGREEMENT IV is replaced by the following and INSURING AGREEMENT IV-A added by the "Amendment of coverage Endorsement for Workers Claims (Facility Form)"
continues to apply:
IV LIMITED DEFENSE OF PARTIALLY COVERED CLAIMS OR SUITS The following provisions apply with respect to any partially covered claim or suit for which the companies' duty to defend has been limited by INSURING AGREEMENT I:
(1)
The companies will defend the claim or suit unless the companies and the first named insured mutually agree on a different defense arrangement.
By making 6
such a defense, the companies shall not be considered as having waived their rights under this policy to deny payment or reimbursement of the items not covered.
(2)
As soon as practicable, the first named insured, acting on behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for handling the defense and sharing the costs thereof.
(3)
The companies' share of defense costs shall not exceed the portion of the total defense costs that represents the costs which would be reasonably and necessarily incurred in the defense of the claim or suit in the absence of any claim or demand for the items not covered.
( 4)
The companies shall have a right to contribution from the first named insured for all defense costs as they are incurred in excess of the amount of the companies' share, including reimbursement by the first named insured of all such excess costs paid by the companies.
(5)
If the companies and the first named insured cannot agree on the companies' share of defense costs, the dispute shall be submitted, as a condition precedent to any right of recovery on this policy, to arbitra-tion for a final and binding resolution. as provided in Condition 19.
- 5.
In EXCLUSIONS (d) and (e), and in all endorsements to this policy relating thereto, the words "bodily injury or property damage" are replaced by "bodily injury. property damage or environmental damage."
- 6.
EXCLUSION (f) is replaced by the following exclusion:
[This policy does not apply:]
(f) to on-site property damage;
- 7.
In CONDITION 3. and in all* endorsements to this policy modifying the dollar amount of the limit of liability stated in Item 4 of the declarations, the words "bodily injury or property damage" are replaced by "bodily injury.
property damage or environmental damage."
- 8.
In CONDITION 4, and in all endorsements to this policy modifying the dollar amount of the total aggregate liability of the companies with respect to a common occurrence:
(a) the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage"; and (b) the** words "bodily injury and property damage" are replaced by "bodily injury, property damage and environmental damage."
7
- 9.
- 10.
In CONDITIONS 5, 11. 15 and 18, and in all endorsements to this policy relating thereto, the words "bodily injury or property damage" are replaced by "bodily injury. property damage or environmental damage."
CONDITION 19, DECLARATIONS, is renumbered CONDITION 20.
- 11.
The following CONDITION is added to the policy:
19 ARBITRATION OF DISPUTES RELATING TO THE APPLICATION OF INSUR.ING AGREEMENT IV All such disputes subject to paragraph (5) of INSURING AGREEMENT IV shall be submitted to a Board of Arbitration (the "Board") for a final and binding resolution of the dispute.
There shall be two parties to the arbitration:
the first named insured, acting on behalf of all insureds as their duly authorized representative, and Nuclear Energy Liability Insurance Association, acting on behalf of the companies as their duly authorized representative.
Except to the extent the parties mutually agree otherwise, the following principles will apply:
(a)
The arbitration will take place in New York, New York. and will be governed by the laws of the State of New York.
(b)
Either party may begin the process of arbitration by giving notice to the other party in writing of its intention to do so and the name of the arbitrator that it has appointed.
{c)
The other party shall then appoint in writing. an arbitrator, and the arbitrators shall appoint in writing an umpire before they begin the arbit~ation.
The umpire shall act as chairman of the Board.
(d}
If a party fails to. name its arbitrator within thirty (30) days of the other party's written request that it do so. the requesting party may appoint an arbitrator for the party in default.
{e)
If the two arbitrators fail to agree on the selection of an umpire within thirty {30) days after they have both been appointed, each of them shall name two, of whom the other shall decline one.
The choice shall be made by drawing lots.
(f)
The arbitrators and umpire shall be executive officers or former executive officers of insurance companies licensed to do business in the United States or of organizations designated as the first named insured under a Nuclear Energy Liability Policy issued by. ~N~clear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters: provided that the current employees of the following shall not be eligible for service without the consent of both parties:
8
(1) any party or likely party to the underlying claim or suit; (2)
American Nuclear Insurers, MAERP Reinsurance Association or their members; or (3) any other insurer or reinsurer which has casualty insurance or reinsurance in force on any of the foregoing which may be materially affected by the Board's decision.
(g)
Within thirty (30) days after the appointment of the umpire. each party shall submit its case in writing to the Board.
(h)
The Board shall determine its rules of procedure, and the nature and extent of any discovery. testimony, examination or cross-examination of witnesses and oral argument permitted.
The decision of any two members of the Board shall be final and binding on all parties.
All discovery, submissions of evidence, hearing of witnesses and argument shall be completed within sixty (60) days of the appointment of the umpire, provided the Board may grant one extension of thirty (30) days.
(i)
The arbitrators and the umpire are not to be bound by any strict rules of legal procedure, evidence or legal precedents.
They shall. however, be governed by the. terms of this policy, and shall have no power to add to or change its provisions~
Subject to this admonition, they shall interpret the relevant provisions of this policy as an honorable business agreement, and shall be entitled to decide, in accordance with such provisions together with the other materials submitted to them, what they think is the fair and right thing to be done between the parties from a
business point of view, without favoring the interest of either party.
(j)
The Board shall make its award in writing within thirty (30) days after the close of the period, including any extension granted, described in paragraph (h) above.
(k)
If the Board fails.to make an award within the time prescribed by paragraph (j) above, then unless an extension. is agreed to by the parties, a
new arbitration shall be commenced and completed in accordance with the procedure set out in paragraphs (a) through (j) above.
( 1)
The award of the Board signed by any two members shall be final, not subject to appeal and binding on all parties, including all insurers subscribing the policy and all insureds thereunder.
The award shall be treated as a matter involving interstate commerce, and may be filed or confirmed in any court of competent jurisdiction, state or federal, and judgment thereon entered and enforced, in accordance with the law and practice of the forum.
9
(m)
(n)
(o)
Unless the Board decides pay the expenses of the for it and one half arbitration.
otherwise, each party shall arbitrator appointed by or of the other costs of If an arbitrator or umpire is unable or unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place, in accordance with the provisions set forth above.
All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing party shall send simultaneously a copy thereof to the opposing party.
- 12.
This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under this policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.
10 Effective Date of this Endorsement ______ ~J~a~n~u~a~r~y[.......:l~,1....::l~9~9~0---=--=~-------To form a part* of Policy No NF-240 12:01 A.M. Standard Time Issued to1 _________...!.Vlir~g~1~*n~i~a~E~l~e~c~t~r1~*c::.....:&:....:.P~o~w~e~r.....;..Co_m~p-a_n~y------------------------~-----
Da t e of Is sue _______ ---!.F..l:ea.!ab~r...l::u:..:=a:.:.r..1.Y.....a:al.::;6...,,.....:.1.::..
99.::..0 ___
dorsement No 78 Countersigned by ___________________________ ___
i*E-71. (l/i/90)
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear occurrence)
Effective August 20,
- 1988, the named
- insured, acting for himself and every other insured under the pol icy, and the members of Nuclear Energy Liability Insurance Association agree as follows:
- 1.
With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which
- 2.
ME-33b (a) arises 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 the insureds, including but not limited to:
(i)
( ii)
(iii)
(iv) negligence, contributory negligence, assumption of risk, and unforeseeable intervening
- causes, whether involving 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.
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 waivers set forth in paragraph 1. above do not apply to Page 1 of 3.
'~
(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 workmen's compensation or occupational disease law; (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 pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.
- 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 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 (20) 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 170e.
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.
ME-33b Page 2 of 3
- 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 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.
- 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 the meanings given the~ 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 includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
This is to certify that this is a true copy of the original Endorsement having the endorsement m.nnber and being made part of the Nuclear Energy Liability Pofo::y (F:
ility Form) as des-ignated ~reon. No Ins~t'5flc~
ereunder.
- -8. ~~~
'!JI.
John L. Q rocchi, Vice President-Underwriting
- American Nuclear Insurers Effective Date of this Endorsement
_A_u_g_u_s_t_2_0_,_1_9_a_a ______ To form a part of Policy No. MF-96 Issued to Date of issue 12:01 A.M. Standard time Virginia Electric & Power Company February 16, 1990 For the Subscribing Companies IIUTDAL ATOMIC l!RllRGT LIABILITY~
By ~:-8.~
dorsemen t No. __ 5_9 _____ _
Countersigned by-------------~-
ME-33b Page 3 of 3
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY Effective August 20, 1988, it is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFENSES
, ENDORSEMENT ME-3 3b with respect to an extraordinary nuclear occurrence occurring at the facility, a
claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating license has been issued by the Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
( 1) the claimant is employed exclusively in connection with the construction of a nuclear reactor,including all related equipment and installations at the facility, and (2) no operating license has been issued by the Nuclear Regulatory Commission with respect to the nuclear reactor, and (3) the claimant is not employed in connection with the possession,
- storage, use or transfer of nuclear material at the facility.
Effective Date of this Endorsement August 20, 1988
- Issued to Date of issue To. form a part of Policy No. MF-96 12:01 A.H. Standard time Virginia Electric & Power Company February 16, 1990 For the Subscribing Companies IIUTUAL ATOMIC I!HIIRGY UABn=Y :;;__nT Endorsement No. 60 By~~.~~
Countersigned by-------------------------------------------
ME-39b
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Restriction of Companies Obligation to Defend, Investigate, Negotiate or Settle Any Claim or Suit (Section 170 O. of the Atomic Energy Act of 1954, as amended)
Effective August 20, 1988, it is agreed that whenever, pursuant to subsection 170 o.
of the Atomic Energy Act of 1954, as
- amended, an appropriate U.S.
District Court determines that liability from a single nuclear incident may exceed the limit of liability under the applicable limit of liability under subsection 170 e.(1) (A), (B) and (C) of the Atomic Energy Act of 1954,
- as
- amended, the companies obligations under Insuring Agreement I, to defend, investigate, negotiate or settle any claim or suit under the policy do not include any obligation that would necessitate or result in the companies incurring legal
- costs, including costs of initiating, 'prosecuting, investigating, settling, or defending claims or suits, which are not authorized for payment by a court pursuant to such subsection 170 o.
Effective Date of this Endorsement
_A_u_g_u_s_t_2_0_,_1_9_88 _______ To form a part of Policy No. MF-96 Issued to Date of issue 12:01 A.M. Standard time Virginia EJectric & Power Company February 16, 1990 For the Subscribing Companies mnuALA:C 1~~
dorsement No. _6_1 _____ _
Countersigned by---------------
ME-70
Nuclear Energy Llablllty Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)
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:
- 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 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 the insureds, including but not limited to:
(i)
(ii)
(iii)
(iv) negligence, contributory negligence, assumption of risk, and unforeseeable intervening causes, whether involving 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, The waiver of any such issue or defense shall be effecti~e 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 1. above do not apply to (a) bodily injury. property damage or environmental damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant:
ME-33c (1/1/90)
Page 1 of 3
(b)
(c) 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 workmen's compensation or occupational disease law:
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 pecuniary-injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.
- 3.
The waivers set forth in paragraph l. above shall be effective only with respect to bodily injury, property damage or environmental damage to which the policy applies under its terms other than this endorsement: provided, however, that with respect-to bodily injury, property damage or environmental damage resulting from an*
extraordinary nuclear occurrence, the provisions of COVERAGES A and C of the policy providing coverage for bodily injury. property damage or environmental damage caused during the policy period by the nuclear energy hazard and which is discovered and for which written claim is made against the insured not later than ten (lO) years after the end of the policy period shall not operate to bar coverage for bodily injury, property damage or environmental 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 ( 2 o) 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 l70e.
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.
ME-33c (1/1/90)
Page 2 of 3
4
- Subject to all of the l~mitations 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, property damage or environmental 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 the meanings given them in the Atomic Energy Act of 1954, as amended.
"claimant" means the person or organization actually sustaining the bodily injury, property damage or environmental damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
This £ to certify that this is a true copy of the original Endorsement having the endorsement nr,mbGr and being made part
?f, t~e~l\\;uc_lear Energy Liahlity_ Po~icy C, aci!ity Form) as des-1g1,aied ne1 ee.yo Ir~u;::m~
w ere under.
- Q.~,
.. ~ t, if~
John L.
ttrocchi, Vice President-Underwriting American Nuclear Insurers Effective Date of this Endorsement January 1, 1990 To form a part of Policy No. MF-96 Issued to Date of issue l<'ndorsement No.
ME-33c (1/1/90) 12:01 A.M. Standard time Virginia Electric & Power Company February 16, 1990 For the Subscribing Companies HUTUAL ATOMIC EHKRGY LIABILITY UNDKRWITKRS By ~~-~
62 Countersigned by--------------------------
Page 3 of 3
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES.
REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing the application of parairaph 2 (b) of the WAIVER OF DEFENSES ENDORSEMENT NE-33c with respect to an extraordinary nuclear occurrence occurring at the
- facility, a
claimant who is employed at the facility in connection with the construction of a nuclear reactor-with respect to which no operating license has been issued by the Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(1) the claimant is employed exclusively in connection with the construction of a nuclear reactor.including all related equipment and installations at the facility, and (2) no operating license has been issued by the Nuclear Regulatory Commission with respect to the nuclear reactor, and
( 3) the claimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility.
Effective Date of this Endorsement January 1, 1990 To form a part of Policy No. MF-96 Issued to Date of issue
~dorsemen; No, ME-39c (1/1/90) 12: 01 A.M. Standard time Virginia Electric & Power Company February 16, 1990 For the Subscribing Companies NDTUAL ATOKIC KNBRGY ~
~
By ~:-8-~
63 Countersigned by---------------
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDATORY ENDORSEMENT (Facility Form)
It is agreed that:
- 1.
INSURING AGREEMENT I is replaced by the following:
I COVERAGE A -
LIABILITY To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage, or as covered environmental cleanup costs because of environmental damage.
This Coverage applies only to bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard, and which is
- discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period.
The companies shall have the right and duty to defend any claim or suit against the insured alleging such injury or damage, and seeking damages or costs which are payable under the terms of this policy; but the companies may make such investigation, negotiation and settlement of the claim or suit as they deem expedient.
The companies' duty to defend shall be limited, as described in INSURING AGREEMENT IV, if the claim or suit also seeks any of the following, which in no event shall be construed as covered by this policy:
(1) damages for on-site property damage; (2) recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs; (3) performance of an insured's environmental protection obligations or on-site cleanup obligations; or (4) any other relief or recovery except payment of covered damages or covered environmental cleanup costs.
The companies I duty to defend claims or suits ends when the limit of their liability has been exhausted pursuant to CONDITION 3.
-subject to INSURING AGREEMENT IV, the companies shall pay.
with respect to any claim or suit they defend, the costs incurred in the defense. including (1) costs taxed against the insured in any $Uch suit and interest on any judgment therein; (2) premiums on appeal bonds and bonds to release attachments in any such suit, but without obligation to apply for or furnish such bonds;
( J) reasonable expenses, other than loss of earnings, incurred by the insured at the companies' request.
COVERAGE B -
DAMAGE TO PROPERTY OF AN INSURED AWAY FROM THE FACILITY With respect to property damage caused during the policy period by the nuclear energy hazard to the property of an insured which is away from the facility, to pay to such insured those sums which such insured would have been legally obligated to pay as covered damages therefor, had such property belonged to another.
COVERAGE C -
SUBROGATION -
OFFSITE EMPLOYEES With respect to bodily injury caused during the policy period by the nuclear energy hazard to any employee of an insured, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period, to pay to the workmen's compensation carrier of such insured as follows:
All sums which such carrier would have been entitled to recover and retain as *damages from another person or organization. had such person or organization alone been legally responsible for such bodily injury, by reason of the rights acquired by subrogation by the payment of the benefits required of such carrier under the applicable workmen's compensation or occupational disease law.
An employer who is a duly qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this Coverage.
This Coverage* does not apply to bodily injury to any person who is employed at and in connection with the facility: nor shall it constitute workmen's compensation insurance as required under the laws of any state.
- 2.
INSURING AGREEMENT II is replaced by the following:
II DEFINITION OF INSURED The unqualified word "insured" includes (a) the named insured and (b) any other person or organization with respect to his legal responsibility for co*,*ered damages or covered environmental cleanup costs because of bodily injury, property damage or environmental damage caused by the nuclear energy hazard.
Subdivision (b) above does not include as an insured the United States of America or any of its agencies, except the Tennessee Valley Authority.
Subject to CONDITION 3 and the other provisions of this policy, the insurance applies separately to each insured against whom claim is made or suit is brought.
2
- 3.
INSURING AGREEMENT III is replaced by the following:
III DEFINITIONS Wherever used in this policy:
"bodily injury" means bodily injury, sickness or disease, including death resulting therefrom, sustained by any person.
"covered damages" means damages because of bodily injury or property damage to which this policy applies; but covered damages do not include environmental cleanup costs or on-site cleanup costs.
"covered environmental cleanup costs" means only those environmental cleanup costs which are incurred directly for monitoring, testing for, cleaning up, neutralizing or containing environmental damage as the result of an extraordinary nuclear occurrence or a transportation incident; but covered environmental cleanup costs do not include on-site cleanup costs.
"disposal site" means any structure, basin, excavation, premises or place prepared as a dump or site for the disposal of waste materials of a general nature, but which may also be used for the disposal of waste materials containing small amounts of nuclear material.
"environment" includes land, the atmosphere, and all watercourses, bodies of water and natural resources, whether on, above or below the surface of the ground *
"environmental cleanup costs" include all loss, cost or expense arising out of any governmental decree, order or directive (other than an award of covered damages in an action at law) requiring or requesting a per~on or organization to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination of the environment, whether the contamination is on, above or below the surface of the ground.
"environmental damage" means contamination of the environ-ment by nuclear material.
"environmental protection obligations" include all obligations of any person or organization (1) relating to the protection of the environment from contamination or imminent danger of contamination, and (2) imposed by any governmental laws, regulations or ordinances.
"extraordinary nuclear occurrence" means an event which the United States Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as 3
defined in the Atomic Energy Act of 1954, or in any law amendatory thereof.
"governmental" refers to federal, state and local governments and author! ties. including courts, agencies and political subdivisions thereof.
"indemnified nuclear facility" means (1)
"the facility"
- as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters, or (2) any other nuclear facility, if financial Atomic Energy with respect thereat.
protection is required pursuant to the Act of 1954, or any law amendatory thereof, to any activities or operations conducted "insured shipment" means a shipment of source material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, herein called "material,"
(1) to the facility from any location except an indemnified nuclear facility, but only if the transportation of the material is not by predeter-mination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its transpor-tation, or (2) from the facility to any other location, but only until the material is removed from a transporting conveyance for any purpose other than the continuation of its-transportation.
"nuclear energy hazard" means explosive or other hazardous material, but only if the radioactive, toxic, properties of nuclear (1) the nuclear material is at the facility or has been discharged or dispersed therefrom without intent to relinquish possession or custody thereof to any other person or organization, or (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, or Puerto Rico: or (b) international waters or airspace, provided that the nuclear material is in the course of transportation between two points located within 4
the territorial limits described in (a) above and there is no deviation in the course of the transportation for the purpose of going to any other country. state or nation. except for the purpose of going to or returning from a port or place of refuge as the result of an emergency.
"nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters.
The term "nuclear facility" also means (1) any nuclear reactor.
(2) any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium.
(b) processing or utilizing spent fuel. or (c) handling. processing or packaging waste.
(3) any equipment or device used for the processing.
fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof. or more than 250 grams of uranium 235.
(4) any structure. basin. excavation. premises or place prepared or used for the storage or disposal of waste.
and includes the site on which any of the foregoing is located. all operations conducted on such site and all premises use~ for such operations.
"nuclear material" means source material. special nuclear material or byproduct material.
"nuclear sustain reaction material.
reactor" means any apparatus designed or used to nuclear fission or a self-sustaining chain or to contain a critical mass of fissionable "on-site cleanup_ costs" include all loss. cost or expense arising out of on-site cleanup obligations.
"on-site cleanup obligations" include all obligations of any person or organization, imposed by common law or otherwise. to undertake or pay for monitoring *. testing for. cleaning up. neutralizing or containing contamination by nuclear material at the facility, whether the material is on. above or~b~ltw the surface of the ground.
"on-site property damage" includes all property damage to any property at the facility, whether the property is on, above or below the surface of the ground, other than aircraft, watercraft or vehicles licensed for highway use.
5
provided such aircraft. watercraft or vehicles are not used in connection with the operation of the facility *
"property damage" means physical injury to or destruction or radioactive contamination of property. and loss of use of property so injured. destroyed or contaminated. and loss of use of property while evacuated or withdrawn from use because possibly so contaminated or because of imminent danger of contamination.
"source material." "special nuclear material." and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954. or in any law amendatory thereof.
"spent fuel" means any fuel element or fuel component.
solid or liquid. which has been used or exposed to radiation in any nuclear reactor.
"the facility" means the facility described in the declarations and includes the location designated in Item 3 of the declarations and all property and operations at such location.
"transportation incident" means a discharge or dispersal of nuclear material from an insured shipment caused by collision or upset of the transporting conveyance. or an accident that breaks open. punctures or ruptures the shipping containers or containment thereon; but only if both the discharge or dispersal and the collision. upset or accident take place away from any nuclear facility and away from any disposal site. and both occur in the course of the transportation. including handling and temporary storage incidental thereto.
"waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by organization of any nuclear facility the definition of nuclear facility (1) or (2) thereof.
any person or included within under paragraph
- 4.
INSURING AGREEMENT IV is replaced by the following and INSURING AGREEMENT IV-A added by the "Amendment of coverage Endorsement for Workers Claims (Facility Form)"
continues to apply; IV LIMITED DEFENSE OF PARTIALLY COVERED CLAIMS OR SUITS The following provisions apply with respect to any partially covered claim or suit for which the companies 1 duty to defend has been*limited by INSURING AGREEMENT I:
(1)
The companies will defend the claim or suit unless the companies and the first named insured mutually agree on a different defense arrangement.
By making 6
such a defense. the companies shall not be considered as having waived their rights under th:i.s policy to deny payment or reimbursement of the items not covered.
(2)
As soon as practicable. the first named insured, acting on behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for handling the defense and sharing the costs thereof.
(3)
The companies' share of defense costs shall not exceed the portion of the total defense costs that represents the costs which would be reasonably and necessarily incurred in the defense of the claim or suit in the absence of any claim or demand for the items not covered.
( 4)
The companies shall have a right to contribution from the first named insured for all defense costs as they are incurred in excess of the amount of the companies' share, including reimbursement by the first named insured of all such excess costs paid by the companies.
(5)
If the companies and the first named insured cannot agree on the companies' share of defense costs, the dispute shall be submitted, as a condition precedent to any right of recovery on this policy, to arbitra-tion for a final and binding resolution, as provided in Condition 19.
- 5.
In EXCLUSIONS (d) and (e), and in all endorsements to this policy relating thereto, the words "bodily injury or property damage" are replaced by "bodily injury. property damage or environmental damage."
- 6.
EXCLUSION (f) is replaced by the following exclusion:
[This policy does not apply:]
(f) to on-site property damage;
- 7.
In CONDITION J, and in all endorsements to this policy modifying the dollar amount of the limit of liability stated in Item 4 of the declarations. the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."
- 8.
In CONDITION 4, and in all endorsements to this policy modifying the dollar amount of the total aggregate liability of the companies with respect to a common occurrence:
(a)
(b) the words "bodily injury or replaced by "bodily injury, environmental damage"; and the words "bodily injury and replaced by "bodily injury, environmental damage."
7 property damage" property damage property property damage" damage are or are and
- 9.
In CONDITIONS 5, 11, 15 and 18, and in all endorsements to this policy relating thereto, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."
- 10.
CONDITION 19, DECLARATIONS, and CONDITION 20, MUTUAL POLICY CONDITION, are renumbered CONDITIONS 20 and 21.
- 11.
The following CONDITION is added to the policy:
19 ARBITRATION OF DISPUTES RELATING TO THE APPLICATION OF INSURING AGREEMENT IV All such disputes subject to paragraph (5) of INSURING AGREEMENT IV shall be submitted to a Board of Arbitration (the "Board") for a final and binding resolution of the dispute.
There shall be two parties to the arbitration:
the first named insured, acting on behalf of all insureds as their duly authorized representative, and Nuclear Energy Liability Insurance Association, acting on behalf of the companies as their duly authorized representative.
Except to the extent the parties mutually agree otherwise, the following principles will apply:
(a)
The arbitration will take place in New York, New York, and will be governed by the laws of the State of New York.
(b)
Either party may begin the process of arbitration by giving notice to the other party in writing of its intention to do so and the name of the arbitrator that it has appointed.
(c)
The other party shall then appoint in writing an arbitrator, and the arbitrators shall appoint in writing an umpire before they begin the arbitration.
The umpire shall act as chairman of the Board.
(d)
If a party fails to name its arbitrator within thirty (30) days of the other party's written request that it do so, the requesting party may appoint an arbitrator for the party in default.
(e)
If the two arbitrators fail to agree on the selection of an umpire within thirty (JO) days after they have both been appointed, each of them shall name two, of whom the other shall decline one.
The choice shall be made by drawing lots.
(f)
The arbitrators and umpire shall be executive officers or former executive officers of insurance companies licensed to do business in the United States or of organizations designated as the first named insured under a Nuclear Energy Liability Policy issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters: provided that the current employees of the following shall not be eligible for service 8
(.,,
(g)
(h)
(i)
(j)
(k)
(1) without the.consent of both parties:
(1)
(2)
(3) any party or likely party to the underlying claim or suit:
American Nuclear Insurers.
MAERP Reinsurance Association or their member's; or any other insurer or reinsurer which has casualty insurance or reinsurance in force on any of the foregoing which may be materially affected by the Board's decision.
Within thirty (30) days after the appointment of the umpire. each party shall submit its case in writing to the Board.
The Board shall determine its rules of procedure. and the nature and extent of any discovery. testimony.
examination or cross-examination of witnesses and oral argument permitted.
The decision of any two members of the Board sball be final and binding on all parties.
All discovery. submissions of evidence.
hearing of witnesses and argument shall be completed within sixty (60) days of the appointment of the umpire. provided the Board may grant one extension of thirty (JO) days.
The arbitrators and the umpire are not to be bound by any strict rules of legal procedure, evidence or legal precedents.
They shall. however, be governed by the terms of this policy. and shall have no power to add to or change its provisions.
Subject to this admonition. they shall interpret the relevant provisions of f,his policy as an honorable business agreement, and shall be entitled to decide. in accordance with such* provisions together with the other materials submitted to them. what they think is the fair and right thing to be done between the parties from a business point of view, without favoring the interest of either party.
The Board shall make its award in writing within thirty (JO) days after the close of the period.
including any extension granted. described in paragraph (h) above.
If the Board fails to make an award within the time prescribed by paragraph ( j) above. then unless an extension is agreed to by the parties.
a new arbitration shall be commenced and completed in accordance with the procedure set out in paragraphs (a) through (j) above.
The award of the Board signed by any two members shall be final. not subject to appeal and binding on all,parties. including all insurers subscribing the policy and all insureds thereunder.
The award shall be treated as a matter involving interstate commerce.
and may be filed or confirmed in any court of competent jurisdiction. state or federal.
and judgment thereon entered and enforced. in accordance with the law and practice of the forum.
9
(.,
(m)
(n)
(o)
Unless the Board decides pay the expenses of the for it and one half arbitration.
otherwise, each party shall arbitrator appointed by or of the other costs of If an arbitrator or umpire is unable or unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place. in accordance with the provisions set forth above.
All materials relevant to the. arbitration shall be submitted to the Board in triplicate and the filing party shall send simultaneously a ~opy thereof to the opposing party.
- 12.
This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under this* policy. and which are first made in writing against any insured on or after the,effective date
- of this endorsement stated below.
This is fo certify _that this ;s a true copy of the original En~orsem~n~- ~~mg the :~?.?rsern~nt nuri ber and being made part
?f the l\\~uclecn c~er~'Y L1ab;J1ty_ Poh~y _(F *iiity Form) as des-ignated L reo~1~s~ u...., ~reunder.
John L. Qw,** :occhi, Vice President-Underwriting American Nuclear Insurers 10 Effective Date of this Endorsement January 1, 1990 To fonn a part of Policy No. MF-96 12:01 A.M. Standard Time Issued to Virginia Electric & Power Company Date. of Issue February 16, 1990 For the Subscribing Companies rsement No.
64 Countersigned by ME-71 ( 1/1/90)
Authorized Representative
,J NE-33b Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear occurrence)
Effective August 20,
- 1988, 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:
- 1.
With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which
- 2.
(a) arises 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 the insureds, including but not limited to:
(i)
( ii)
( iii)
(iv) negligence, contributory negligence, assumption of risk, and unforesee*ble intervening
- causes, whether involving 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.
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 waivers set forth 1n paragraph 1. above do not apply to Page 1 of 3
NE-33b (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 workmen's compensation or occupational disease law; (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 pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.
- 3.
The waivers set forth in paragraph 1.
above shall be effective only with respect to bodily injury or property damage to which the pol icy 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 Agreement IV, "Application of Policy"~ shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the poli~y 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 (20) years after the date of the extraordinary nuclear occurrence.
4
- 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 170e.
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.
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 Page 2 of 3
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 the 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 includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
\\,.
"' -~, ~ ~*,f.*.!-. *;, r* ~r;t**'\\-:.'ll 1"'!.. ~.... ~--- to --p*rtif\\~ *i-r,rlt 1' 1'S JS a trJ'? CO(.:'../ u
~-. *1
. -~*-.?~U.
[:-::;a::e,ne\\,r~~' h~~i~; tl~e :';'~.~rs;t:::~l~ 1\\**: _.r~~.': ':... ~ :,:~ :<~~;~:e part o" i+,, ',Ju~\\e::-.r F*1ero,i La.o:u,y r c-,,~.y ( *"**,.,*.i
....,11, ~
idn~;;d,1~:e~ I~rm ;.... '-iereunder.
. 0.
John L. Qu ttrocchi, Vice President-Underwriting American Nuclear Insurers
- Effective Date of this Endorsement August 20, 1988 Issued to Date of issue ndorsement No.
NE-33b To form a part of Policy No. NF-186
-12:01 A.M. Standard time Virginia Electric & Power Company February 16, 1990 100 For the By Countersigned by~----,----------------------------------~
Page 3 of 3
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY Effective August 20, 1988, it is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT NE-33b with respect to an extraordinary nuclear occurrence occurring at the facility, a
claimant who is employed at the facility in connection with the construction-of a nuclear reactor with respect to which no operating license has been issued by the Nuclear Regulatory commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(1)
(2)
(3) the claimant is employed exclusively in connection with the construction of a nuclear reactor,including all related equipment and installations-at the facility, and no operating license has been issued by the Nuclear Regulatory Commission with respect to the nuclear reactor, and the claimant is not employed in connection with the possession,
- storage, use or transfer of nuclear material at the facility.
r i'l.
1 This is to certify that this is a true copy or. li w n-**19!12:1 Endorsement ha*iing the endorsernc:1t nt;:-;*1:j0: ;,:?1d b~ing made part of the Nuclear Energy Liabiiity P(,'.K::,, * :.c,:ir:1 Form) as des-ignatetereon. No In~s 11*ance i~ afford-=*' hereunder.
~
~
John L.
- ttrocchi, Vice President-Underwn 1 American N'uclear Insurers Effective Date of this Endorsement August 20, 1988 To form a part of Policy No.
NF-186 12:01 A. M. Standard time Issued to ------"V~i-'-r_.g-'-i ;,,;.n.;..i a;;;....;E~l_e_c...;t_r...;.i...;.c_&_P_o_w_e_r_C_o_m.._pa_n_,Y.._ ______________ _
Date of Issue February 16, 1990 * ***
For the
~~orsement No.
101 Countersigned by ______________ ___
NE-39b
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION Restriction of Companies Obligation to Defend, Investigate, Negotiate or Settle Any Claim or Suit (Section 170 O. of the Atomic Energy Act of 1954, as amended)
Effective August 20, 1988, it is agreed that whenever, pursuant to subsection 170 O.
of the Atomic Energy Act of 1954, as
- amended, an appropriate U.S.
District Court determines that liability from a single nuclear incident may exceed the limit of liability under the applicable limit of liability under subsection 170 e.(1) (A), (B) and (C) of the Atomic Energy Act of
- 1954, as
- amended, the companies obligations under Insuring Agreement I, to def end, investigate, negotiate or settle any claim or suit under the policy do not include any obligation that would necessitate or result in the companies incurring legal
- costs, including costs of initiating, prosecuting, investigating, settling, or defending claims or suits, which are not authorized for payment by a court pursuant to such subsection 170 o.
Effective Date of this Endorsement August 20, 1988 Issued to Date of issue
~dorsement No.
NE-70 To form a part c,f Policy No. NF-186 12:01 A.H. Standard time Virginia Electric & Power Company February 16, 1990 For the By 102 Countersigned by~~~~~~~~~~~~~~-
Nuclear Energy Llablllty Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)
The named insured. acting for himself and every other irisured under the policy. and the members of Nuclear Energy Liability Insurance Association agree as follows:
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 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 the insureds. including but not limited to:
( i)
(ii)
(iii)
(iv) negligence.
contributory negligence.
assumption of risk. and unforeseeable intervening causes.
whether involving 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.
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.
property damage or environmental damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant:
NE-33c (1/1/90)
Page 1 of 3
(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 workmen's compensation or occupational disease law:
(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 pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.
- 3.
The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury. property damage or environmental damage to which the policy applies under its terms other than this endorsement: provided.
however, that with resp~ct to bodily injury. property damage or environmental damage resulting from an extraordinary nuclear occurrence, the provisions of COVERAGES A and C of the policy providing coverage for bodily injury, property damage or environmental damage caused during t_he policy period by the nuclear energy hazard and which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the policy period shall not operate to bar coverage for bodily injury, property damage or environmental 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 ( 20) 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 170e.
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.
NE-33c (1/1/90)
Page 2 of 3
J,,.,
.~
- 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 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury, property damage or environmental damage to which the policy applies as proof of financial protection.
- s.
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 organization,actually sustaining the bodily injury, property damage or environmental damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
' 1-ho o.,,..1rJ1na1
.. a truo copu 01.,.,,
art This is to certify ~ha\\th1s l~or"P."~~,.-it n~,--i;be* ;c;'T1 t-dn:~ n;ade p Endorsement having tl,e -~~~'., :* ;~*.* *.. ; :: \\-::'.liL:.: Fm.-m) as aes-1 E ercn, L,a,_,;,rl.\\J * (._,-....
of the Nuc.ear n *-5.)
- *~ _ u.0 ~-**
hereunaer-No Incurance l" au.
ignatectihereon. '
~ '..
. ~
('.>~
,f,.
...... Y
- ~v* ~nderwr ~
John L.
L. ttrocchi, ' ice American l dear Insurers Effective Date of this Endorsement _____
J_a_n_ua_r_y __ l_, __ l_99_o ______ ~ To form a part of Policy No.
NF-186 12:01 A. M. Standard time Issued to _______...!V..1.i.r:rJJgJ..i 11DJ.:i a1L.JE1:,..]ue~cut,.1.r..1i~c_!,!&_.* Pwo.uwl.lie:..Lr~C~o.u:m~pa~nu.YL--------------------------
F e b ru a ry 16, 1990 Date of Issue
- r the Wribing rz
- nies, l?l1~
. Q c-::.::=:
~dorsement No.
103 Countersigned by----------------~----~
NE-33c (1/1/90)
Page 3 of 3
Nuclear Energy Liability Insurance NUCLEAR EN.EAGY LIABILITY INSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing the application of paragraph 2 (b) of the WAIVER OF DEFENSES ENDORSEMENT NE-33c with respect to an extraordinary nuclear occurrence occurring at the
- facility, a
claimant who is employed at the facility in connection with the construction. of a nuclear reactor with respect to which no operating license has been issued by the Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(1) the claimant is employed exclusively in connection with the construction of a nuclear reactor, including all related equipment and installations at the facility, and (2) no operating license has been issued by the Nuclear Regulatory Commission with respect to the nuclear reacto.r, and
( 3) the claimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility.
Effective Date of this Endorsement __ J_a_n_u_a_r_y_l_,_i_9_9_o _______ _ To form a part of Policy No. NF-186 12:01 A. M. Standard time Virginia Electric & Power Company Issued to _______ _.::..:..:.~:.:..:....:_:..:...:._ ____________________________________ ~-----
For the ~ibingC~anies, By~-
Date of Issue February 16, 1990 ndorsement No.
104
- coun tersigned by ____________________ ~-
NE-39c (1/1/90)
I Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION It is agreed that:
AMENDATORY ENDORSEMENT (Facility Form)
- 1.
INSURING AGREEMENT I is replaced by the following:
I COVERAGE A -
LIABILITY
--To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage. or as covered environmental cleanup costs because of environmental damage.
This Coverage applies only to bodily injury.
property damage or environmental damage caused during the policy period by the nuclear energy hazard. and which is discovered and for which written claim is made against the insured. not later than ten (10) years after the end of the policy period.
The companies shall have the right and duty to defend any claim or suit against the insured alleging such injury or damage. and seeking damages or costs which are payable under the terms of this policy; but the companies may make such investigation. negotiation and settlement of the claim or suit as they deem expedient.
The companies' duty to defend shall be limited, as described in INSURING AGREEMENT IV, if the claim or suit also seeks any of the following, which in no event shall be construed as covered by this policy:
(1) damages for on-site property damage; (2) recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs:
(J) performance of an insured's environmental protection obligations or on-site cleanup obligations: or (4) any other relief or recovery except payment of covered damages or covered environmental cleanup costs.
The companies' duty to def end claims or suits ends when the limit of their liability has been exhausted pursuant to CONDITION 3.
Subject to INSURING AGREEMENT IV, the companies shail pay, with respect to any claim or suit they defend. the costs incurred in the defense, including (1) costs taxed against the insured in any such suit and interest on any judgment therein:
(2) premiums on appeal bonds and bonds to release attachments in any such suit, but without obligation to apply for or furnish such bonds:
- 2.
(3) reasonable expenses, other than loss of earnings, incurred by the insured at the companies' request
- COVERAGE B -
DAMAGE TO PROPERTY OF AN INSURED AWAY FROM THE FACILITY With respect to property damage caused during the policy period by the nuclear energy hazard to the property of an insured which is away from the facility, to pay to such insured those sums which such insured would have been legally obligated to pay as covered damages therefor, had such property belonged to another.
COVERAGE C -
SUBROGATION - OFFSITE EMPLOYEES With respect to bodily injury caused during the policy period by the nuclear energy hazard to any employee of an insured, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period, to pay to the workmen's compensation carrier of such insured as follows:
All sums which such carrier would have been entitled to recover and retain as damages from another person or organization, had such person or organization alone been legally responsible for such bodily injury, by reason of the rights acquired by subrogation by the payment of the benefits required of such carrier under the applicable workmen's compensation or occupational disease law.
An employer who is a duly qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this Coverage.
This Coverage does not apply to bodily injury tc any person who is employed at and in connection with the facility: nor shall it constitute workmen's compensation insurance as required under the laws of any state.
I INSURING AGREEMENT" II is replaced by the following:
II DEFINITION OF INSUR.ED The unqualified word "insured" includes (a) the named insured and (b) any other person or organization with respect to his legal responsibility for covered damages or covered environmental cleanup costs because of bodily injury. property damage or environmental *damage caused by the nuclear energy hazard.
Subdivision (b) above does not include as 'an insured the United States of America or any of its agenc.ies, except the Tennessee Valley Authority.
Subject to CONDITION 3 and the other provisions of this policy, the insurance applies separately to each insured against whom claim is made or suit is brought.
2
3 *
--------~-
INSURING AGREEMENT III is replaced by the following:
III DEFINITIONS Wherever used in this policy:
"bodily injury" means bodily injury, sickness or disease, including death resulting therefrom, sustained by any person.
"covered damages" means damages because of bodily injury or property damage to which this policy applies: but covered damages do not include environmental cleanup costs or on-site cleanup costs.
"covered environmental cleanup costs" means only those environmental cleanup costs which are incurred directly for monitoring, testing for, cleaning up, neutralizing or containing environmental damage as the result of an extraordinary nuclear occurrence or a transportation incident: but covered environmental cleanup costs do not include on-site cleanup costs.
"disposal site" means any structure, basin, excavation, premises or place prepared as a dump or site for the disposal of waste materials of a general nature, but which may also be used for the disposal of waste materials containing small amounts of nuclear material.
"environment" includes land, the atmosphere, and all watercourses, bodies of water and natural resources, whether on, above or below the surface of the ground.
"environmental cleanup costs" include all loss, cost
- or expense arising out of any governmental decree, ordor or direct! ve ( other than an award of covered damages in an action at law) requiring or requesting a person or organization to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination of the environment, whether the contamination is on, above or below the surface of the ground.
"environmental damage" means contamination of the environ-ment by nuclear material.
"environmental protection obligations" include all obligations of any person or organization (1) relating to the protection of the environment from contamination or imminent danger of contamination, and (2) imposed by any governmental laws, regulations or ordinances.
"extraordinary nuclear occurrence" means an event which the United States Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as 3
defined in the Atomic Energy Act of 1954, or in any law amendatory thereof *
"governmental" refers to federal, state and local governments and authorities, including courts, agencies and political subdivisions thereof.
"indemnified nuclear facility" means (1)
"the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by. Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters, or (2) any other nuclear facility, if financial Atomic Energy with respect thereat.
protection is required pursuant to the Act of 1954, or any law amendatory thereof, to any activities or operations conducted "insured shipment" means a shipment of source material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, herein called "material,"
(1) to the facility from any location except an indemnified nuclear facility, but only if the transportation of the material is not by predeter-mination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its transpor-tation, or (2) from the facility to any other location, but c,nly until the material is removed from a transporting conveyance for any. purpose other th&n the continuation of its transportation.
"nuclear energy hazard" means explosive or other hazardous material, but only if the radioactive, toxic, properties 'of nuclear (1) the nuclear material is at the facility or has been discharged or dispersed therefrom without intent to relinquish possession or custody thereof to any other person or organization, or (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, or Puerto Rico; or (b) international*waters or airspace, provided that the nuclear material is in the course of transportation between two points located within 4
the territorial limits described in (a) above and there is no deviation. in the course of the transportation for the purpose of going to any other country. state or nation, except for the purpose of going to or returning from a port or place of refuge as the result of an emergency.
"nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued *by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters.
The term "nuclear facility" also means (1) any nuclear reactor.
(2) any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium.
(b) processing or utilizing spent fuel, or (c) handling. processing or packaging waste.
( 3) any equipment or device used for the processing.
fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof. or more than 250 grams of uranium 235.
(4) any structure. basin. excavation, premises or place prepared or used for the storage or disposal of waste.
and includes the site on which any of the foregoing is located. all operations conducted on such site and all premises used for such operations.
"nuclear material" means source material, special nuclear material or byproduct material.
"nuclear sustain reaction material.
reactor" means any apparatus designed or used to nuclear fission or a self-sustaining chain or to contain a critical mass of fissionable "on-site cleanup costs" include all loss, cost or expense arising out of on-site cleanup obligations.
"on-site cleanup obligations" include all obligations of any person or organization, imposed by common law or otherwise. to undertake or pay for monitoring. testing for. cleaning up. neutralizing or containing contamination by nuclear material at the facility. whether the material is on, above or l)eJ.O'.i'/ the surface of the ground.
"on-site property damage" includes all property damage to any property at the facility, whether the property is on.
above or below the surface of the ground, other than aircraft, watercraft or vehicles licensed for highway use.
5
provided such aircraft, watercraft or vehicles are not used in connection with the operation of the facility.
"property damage" means physical injury to or destruction or radioactive contamination of property, and loss of use of property so injured, destroyed or contaminated, and loss of use of property while evacuated or withdrawn from use because possibly so contaminated or because of imminent danger of contamination.
"source material," "special nuclear material," and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954, or in any law amendatory thereof.
"spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in any nuclear reactor.
"the facility" means the facility described in the declarations and includes the location designated in Item J of the declarations and all property and operations at such location.
lltransportation incident" means a discharge or dispersal of nuclear material from an insured shipment caused by collision or upset of the transporting conveyance, or an accident that breaks open, punctures or ruptures the shipping containers or containment thereon: but only if both the discharge or dispersal and the collision, upset or accident take place away from any nuclear facility and away from any disposal site, and both occur in the course of the transportation, including handling and temporary storage incidental thereto.
"waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (1) or (2) thereof.
- 4.
INSURING AGREEMENT IV is replaced by the following and INSURING AGREEMENT IV-A added by the "Amendment of Coverage Endorsement for Workers Claims (Facility Form)"
continues to apply:
IV LIMITED DEFENSE OF PARTIALLY COVERED CLAIMS OR SUITS The following provisions apply with respect to any partially covered claim or suit for which the companies' duty to defend has been limited by INSURING AGREEMENT I:
(1)
The companies will defend the claim or suit unless the. companies and the first named insured mutually.
agree on a different defense arrangement.
By making 6
- 12.
(m)
(n)
(o)
Unless the Board decides pay the expenses of the for it and one half arbitration.
otherwise, each party shall arbitrator appointed by or of the other costs of If an arbitrator or umpire is unable or unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place, in accordance with the provisions set forth above.
All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing party shall send simultaneously a-copy thereof to the opposing party.
This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under* this policy. and which are first. made in writing against any insured on or after the effective date of this endorsement stated below.
10 Effective Date of To form a part of Policy No NF-186 this Endorsement __ -=-~J~a~n~u~a~r~y:;--::1~2:-::-=1~9~9~0-=:;--;;:7=::-----
l2:0l A.M. Standard Time Issued to Virginia Electric & Power Company Date of Is sue. ____
.....:..F.:.:.e.:.:.b.:..r.:::;ua.._r._y..__1"""6..,, ___ 1 __ 9_9_0_
aorsement No --------
105 Countersigned by _______________ _
i*E-7i (1/1/90)
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)
Effective August 20,
- 1988, the named
- insured, acting for himself and every other insured under the pol icy, and the members of Nuclear Energy Liability Insurance Association agree as follows:
- 1.
With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which 2
- ME-33b (a) arises 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 the insureds, including but not limited to:
(i)
(ii)
(iii)
(iv) negligence, contributory negligence, assumption of risk, and unforeseeable intervening
- causes, whether involving 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.
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 waivers set forth in paragraph 1. above do not apply to Page 1 of 3
'I r,
(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 the+efor are either payable or required to be provided under any workmen's compensation or occupational disease law; (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 pecuniary injuries resulting from such death. but not to exceed the maximum amount otherwise recoverable under law.
- 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 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 (20) years after the date of the extraordinary nuclear occurrence.
ME-33b Such waivers shall not apply to, or prejudice the prosecution or defense of any claim o~ portion of ~laim 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 17be.
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.
Page 2 of 3
- 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 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.
- 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 the 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 includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
This is to certify that this is a true copv of the original Endorsement having the endorsement numbecr and being made part of the Juclear Em:rgy Li:::.lility Pc.:_cy (F ieility Form) as des-ignated ere~ Insu n °
- hereunder.
- c:::;;, *
- 1;:,_,. ~1'-,;'A John L Q ttrocchi, Vice President-Undeiw. 1 American Nuclear Insurers Effective Date of this Endorsement _A_u_g_u_s_t_2_0_,_1_9_8_8 ______ To form a part of Policy No.
MF-57 Issued to Date of issue
.dorsement No.
ME-33b 12:01 A.M. Standard time Virginia Electric & Power Company February 16, 1990 For the Subscribing Companies mnDAL ATOKIC BHERGY LIABI=-:r By~~-~
80 Countersigned by~~~~~~~~~---~------------
Page 3 of 3
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY Effective August 20, 1988, it is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT ME-33b with respect to an extraordinary nuclear occurrence occurring at the facility, a
claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating license has been issued by the Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(l}
the claimant is employed exclusively in connection with the construction of a nuclear reactor,including all related equipment and installations at the facility, and (2) no operating license has been issued by the Nuclear Regulatory Commission with respect to the nuclear reactor, and
( 3) the claimant is not employed in connection with the possession,
- storage, use or transfer of nuclear material at the facility.
Effective Date of this Endorsement August 20, 1988 Issued to Date of issue
~dorsement No.
ME-39b To form a part of Policy No.
MF-57 12:01 A.M. Standard ti11e Virginia Electric & Power Company February 16, 1990 81 For the Subscribing Companies IID'l'IIAL ATOMIC l!Rl!RGY UABn:rrY -T By ~;-g,~~
Countersigned by~~~~~~~~~~~~~~-
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Restriction of Companies Obligation to Defend, Investigate, Negotiate or Settle Any Claim or Suit (Section 170 O. of the Atomic Energy Act of 1954, as amended)
Effective August 20, 1988, it is agreed that whenever, pursuant to subsection 170 o.
of the Atomic Energy Act of 1954 ~
as
- amended, an appropriate U.S.
District Court determines that liability from a single nuclear incident may exceed the limit of liability under the applicable limit of liability under subsection 170 e.*(1) (A), (B) and (C) of the Atomic Energy Act of
- 1954, as
- amended, the companies obligations under Insuring Agreement I, to defend, investigate, negotiate or settle any claim or.suit under the policy do not include any obligation that would necessitate or result in the companies incurring legal
- costs, including costs of initiating, prosecuting, investigating, settling, or defending claims or suits, which are not authorized for payment by a court pursuant to such subsection 170 o.
Effective Date of this Endorsement __ A_u_g_u_s_t_2_o_, __ 1_9_a_a __________ ~
To form a part of Policy No. MF-57 Issued to Date of issue dorsement No.
ME-70 12:01 A.M. Standard tine Virginia Electric & Power Company February 16, 1990 For the Subscribing Ccm~anies ltU'l'OAL ATOIIIC ERKRGY LIABILITY UNDERVRITBRS By ~~.~
82 Countersigned by------------------------------
r Nuclear Energy Llablllty Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)
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:
- 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 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 the insureds, including but.
not limited to:
(i)
(ii)
(iii)
(iv) negligence.
contributory negligence, assumption of risk. and unforeseeable intervening causes.
whether involving 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.
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 1. above do not apply to (a) bodily injury. property damage or environmental damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant:
ME-33c (1/1/90)
Page 1 of 3
I (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 workmen's compensation or occupational disease law:
(c) any claim for punitive or exemplary damages.
provided. with respect to any claim for wrongful death under any State law which provide~ 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 law.
- 3.
The 'waivers set forth in paragraph l. above shall be effective only with respect to bodily injury, property damage or environmental damage to which the policy applies under its terms other than this endorsement: provided.
- however, that with respect to bodily injury, property damage or environmental damage resulting from an extraordinary nuclear occurrence, the provisions of COVERAGES A and C of the policy providing coverage for bodily injury. property damage or environmental damage caused during the policy period by the nuclear energy hazard and which is discovered and for which written claim is made against the insured not later than ten (10) years after the enq. of the policy period shall not operate to bar coverage for. bodily injury, property damage or environmental damage (a) which is caused during the policy period* by the nuclear energy haza.rd and (b) which is discovered and for which written claim is made against the insured not later than twenty ( 20) 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 o~ ~i~bility provisions of Subsection 170e.
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.
ME-33c (l/1/90)
Page 2 of 3
- 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 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because *of bodily injury, property damage or environmental damage to which the policy applies as proof of financial protection.
- s.
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 organization actually sustaining the bodily injury, property damage or environmental damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
EThi~ is to certify that this is a true copu of the o~1*. al naor~e t J
, gm
" me,n 1avmg tn~ endorsement number and bein of the~ruc1ear Energy, iabi!it i,. J;.-.
(,_.* *....
.g made part igna'ed N *
- :!..r'o,.... y,t"',ci)uy 1:-orm) as des-L ereon.
o In~ance is affo,* '*, J d
~
1ereun er.
- c:::., *
~1:ti -
~olm _L ttrocchi, Vice President-Undenvr~~
merican Nuclear Insurers Effective Date of this Endorsement ___
J_a_n_u_a_ry;__l_,_1_9_9_0 _____ To form a part of Policy No.
MF-57 Issued to Date of issue
~dorsement No.
ME-33c ( 1/1/ 90) 12:01 A.M. Standard time Virginia Electric & Power Company February 16, 1990 For the Subscribing Companies KUrUAL ATOMIC ENERGY LIABILITY UNDKRVRITKRS By ~~-~
83 Countersigned by~--------------------
Page 3 of 3
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing the application of paragraph 2 (b) of the WAIVER OF DEFENSES ENDORSEMENT NE-33c with respect to an extraordinary nuclear occurrence occurring at the facility.
a claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating license has been issued by the Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(1) the claimant is employed exclusively in connection with the construction of a nuclear reactor.including all related equipment and installations at the facility. and (2) no operating license has been issued by the Nuclear Regulatory Commission with respect to the nuclear reactor. and
( 3) the claimant is not employed in connection with the possession.
storage. use or* transfer of nuclear material at the facility.
This is to certify that this is a frue copy of the original E~dorsement having the endorsement number and being made part
?r th~e Nuclear Energy Liability Po*k;Jiy r 'aci!ity Form) as des-ignate ' here~\\Jo In,c-l'1ra1~2;* "cd hereunder.
- --g-~~~ -
John L 1attrocchi, Vice President-UndervJtfff~
American Nuclear Insurers M
- ,~
- M O
0 Effective Date of this Endorsement January 1, 1990 To form a part of Policy No. MF-57 Issued to Date of issue 12:01 A.H. Standard time Virginia Electric & Power Company February 16, 1990 For the Subscribing Companies ll1JTllAL ATOMIC l!llllBGY LIABI~
By ~:-8.m ndorsement No. ~8~4~------
Countersigned by---------------
ME-39c (1/1/ 90)
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDATORY ENDORSEMENT (Facility Form)
It is agreed that:
- 1.
INSURING AGREEMENT I is replaced by the following:
I COVERAGE A - LIABILITY To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage. or as covered environmental cleanup costs because of environmental damage.
This Coverage applies only to bodily injury.
property damage or environmental damage caused during the policy period by the nuclear energy hazard, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period.
The companies shall have the right and duty to defend any claim or suit against the insured alleging such injury or damage. and seeking damages or costs which are payable under the terms of this policy: but the companies may make such investigation. negotiation and settlement of the claim or suit as they deem expedient.
The companies' duty to defend shall be limited, as described in INSURING AGREEMENT IV, if the claim or suit also seeks any of the following, which in no event shall be construed as covered by this policy:
(1) damages for on-site property damage:
(2) recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs; (3) performance of an insured's environmental protection obligations or on-site cleanup obligations: or (4) any other relief or recovery except payment of covered damages or covered environmental cleanup costs.
The companies' duty to defend claims. or suits ends when the limit of their liability has been exhausted pursuant to CONDITION 3.
-subject to INSURING AGREEMENT IV. the companies shall pay, with respect to any claim or suit they defend, the costs incurred in the defense, including (1) costs taxed against the insured in any such suit and interest on any judgment therein:
(2) premiums on appeal bonds and bonds to release attachments in any such suit, but without obligation to apply for or furnish such bonds:
( J) reasonable expenses, other than loss of earnings, incurred by the insured at the companies' request
- COVERAGE B -
DAMAGE TO PROPERTY OF AN INSURED AWAY FROM THE FACILITY With respect to property damage caused during the policy period by the nuclear energy hazard to the property of an insured which is away from the facility, to pay to such insured those sums which such insured would have been legally obligated to pay as covered damages therefor, had such property belonged to another.
COVER.AGE C -
SUBROGATION - OFFSITE EMPLOYEES With respect to bodily injury caused during the policy period by the nuclear energy hazard to any employee of an insured, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period, to pay to the workmen's compensation carrier of such insured as follows:
All sums which such carrier would have been entitled to recover and retain as damages from another person or organization, had such person or organization alone been legally responsible for such bodily injury. by reason of the rights acquired by subrogation by the payment of the benefits required of such carrier under the applicable workmen's compensation or occupational disease law.
An employer who is a duly qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this Coverage.
This Coverage does not apply to bodily injury to any person who is employed at and in connection with the facility; nor shall it constitute workmen's compensation insurance as required under the laws of any state.
~
- 2.
INSURING AGREEMENT II is replaced by the following:
II DEFINITION OF INSURED The unqualified word "insured" includes (a) the named insured and (b) any other person or organization with respect to his legal responsibility for covered damages or covered environmental cleanup costs because of bodily injury, property damage or environmental damage caused by the nuclear energy hazard.
Subdivision (b) above does not include as an insured the United States of America or any of its agencies,* except the Tennessee Valley Authority.
Subject to CONDITION 3 and the other provisions of this policy, the insurance applies separately to each insured against whom claim is made or suit is brought.
2
- 3.
INSURING AGREEMENT III is replaced by the following:
III DEFINITIONS Wherever used in this policy:
"bodily 'injury" means bodily injury, sickness or disease, including death resulting therefrom, sustained by any person.
"covered damages" means damages because of bodily injury or property damage to which this policy applies; but covered damages do not include environmental cleanup costs or on-site cleanup costs.
"covered environmental cleanup costs" means only those environmental cleanup costs which are incurred directly for monitoring, testing for, cleaning up, neutralizing or containing environmental damage as the result of an extraordinary nuclear occurrence or a transportation incident; but covered environmental cleanup costs do not include on-site cleanup costs.
"disposal site" means any structure, basin, excavation, premises or place prepared as a dump or site for the disposal of waste materials of a general nature, but which may also be used for the disposal of waste materials containing small amounts of nuclear material.
"environment" includes land, the atmosphere, and all watercourses, bodies of water and natural resources, whether on. above or below the surface of the ground.
"environmental cleanup costs" include all loss, cost or expense arising out of any governmental decree, order or directive (other than an award of covered damages in an action at law) requiring or requesting a per9on or organization to undertake or pay for monitoring, testing for. cleaning up, neutralizing or containing contamination of the environment. whether the contamination is on, above or below the surface of the ground.
"environmental damage" means contamination of the environ-ment by nuclear material.
"environmental protection obligations" include all obligations of any person or organization (l) relating to the protection of the environment from contamination or imminent danger of contamination, and (2) imposed by any governmental laws, regulations or ordinances.
"extraordinary nuclear occurrence" means an event which the United States Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as 3
defined in the Atomic Energy Act of 1954, or in any law amendatory thereof.
"governmental" refers to federal, governments and authorities, including and political subdivisions thereof.
state and local courts, agencies "indemnified nuclear facility" means (1)
(2)
"the facility" as defined in any Nuclear Liability P,olicy (Facility Form) issued by Energy Liability Insurance Association or Atomic Energy Liability Underwriters, or any other nuclear facility,.
Energy Nuclear Mutual if financial Atomic Energy with respect thereat.
protection is required pursuant to the Act of 1954, or any law amendatory thereof, to any activities or operations conducted "insured shipment" means a shipment of source material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, herein called "material,"
(1) to the facility from any location except an indemnified nuclear facility, but only if the transportation of the material is not by predeter-mination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its transpor-tation, or (2) from the facility to any other location, but only until the material is removed from a transporting*
conveyance for any purpose other than the continuation of its.transportation.
"nuclear energy hazard" means explosive or other hazardous material, but only if the radioactive, toxic, properties of nuclear (1) the nuclear material is at the facility or has been discharged or dispersed therefrom without intent to relinquish possession or custody thereof to any other person or organization, or (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 tr:ir-,:.U.orial limits of the United States of America, its territories or possessions, or Puerto Rico; or (b) international waters or airspace, provided that the nuclear material is in the course of transportation between two points located within 4
the territorial limits described in (a) above and there is no deviation in the course of the transportation for the purpose of going to any other country. state or nation. except for the purpose of going to or returning from a port or place of refuge as the result of an emergency.
"nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters.
The term "nuclear facility" also means (1) any nuclear reactor.
(2) any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium.
(b) processing or utilizing spent fuel. or (c) handling. processing or packaging waste.
(3) any equipment or device used for the processing.
fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof. or more than 250 grams of uranium 235, (4) any structure. basin. excavation. premises or place prepared or used for the storage or disposal' of waste.
and includes the site. on which any of the foregoing is located. all operations conducted on such site and all premises used for such operations.
"nuclear material" means source material. special nuclear material or byproduct material.
"nuclear sustain reaction material.
reactor" means any apparatus designed or used to nuclear fission or a self-sustaining *Chain or to contain a critical mass of fissionable "on-site cleanup costs" include all loss. cost or expense arising out of on-site cleanup obligations.
"on-site cleanup obligations" include all obligations of any person or organization, imposed by common law or otherwise. to undertake or pay for monitoring. testing for. cleaning up. neutralizing or containing conta~ination by nuclear material at the facility. whether the material is on. above or below the surface of the ground.
"on-site property damage" includes all property damage to any property at the facility, whether the property is on.
above or below the surface of the ground. other than aircraft. watercraft or vehicles licensed for highway use.
5
provided such aircraft. watercraft or vehicles are not used in connection with the operation of the facility.
"property damage" means physical injury to or destruction or radioactive contamination of property. and loss of use of property so injured.-
destroyed or contaminated. and loss of use of property while evacuated or withdrawn from use because possibly so contaminated or because of imminent danger of contamination.
"source material." "special nuclear material." and*
"byproduct material" have the meanings given them in the.
Atomic Energy Act of 1954. or in any law amendatory thereof.
"spent fuel" means any fuel element or fuel component.
sol id or 1 iquid. which has been used or exposed to radiation in any nuclear reactor.
"the facility" means the facility described in the declarations and includes the location designated in Item 3 of the declarations and all property and operations at such location.
"transportation incident" means a discharge or dispersal of nuclear material from an insured shipment caused by collision or upset of the transporting conveyance. or an accident that breaks open.
punctures or ruptures the shipping containers or containment thereon; but only if both the discharge or dispersal and the collision. upset or accident take place away from any nuclear facility and away from any disposal site. and both occur in the course of the transportation. including handling and temporary storage incidental thereto.
"waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (1) or (2) thereof.
- 4.
INSURING AGREEMENT IV is replaced by the following and INSURING AGREEMENT IV-A added by the "Amendment of Coverage Endorsement for Workers Claims (Facility Form)"
continues to apply:
IV LIMITED DEFENSE OF PARTIALLY COVERED CLAIMS OR SUITS The following provisions apply with respect to any partially covered claim *or suit for which the companies' duty to defend has been limited by INSURING AGREEMENT I:
(1)
The companies will defend the claim or suit unless the companies and the first named insured mutually agree on a different defense arrangement.
By making 6
such a defense, the companies shall not be considered as having waived their rights under this policy to deny payment or reimbursement of the items not covered.
(2)
As soon as practicable, the first named insured, acting on behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for handling the defense and sharing the costs thereof.
(3)
The companies' share of defense costs shall not exceed the portion of the total defense costs that represents the costs which would be reasonably and necessarily incurred in the defense of the claim or suit in the absence of any claim or demand for the items not covered.
( 4)
The companies shall have a right to contribution from the first named insured for all defense costs as they are incurred in excess of the amount of the companies'
- share, including reimbursement by the first named insured of all such excess costs paid by the companies.
(5)
If the companies and the first named insured cannot agree on the companies' share of defense costs, the dispute shall be submitted, as a condition precedent to any right of recovery on this policy, to arbitra-tion for a final and binding resolution, as provided in Condition 19.
- 5.
In EXCLUSIONS (d) and (e). and in all endorsements to this policy relating thereto. the words "bodily injury or property damage" are replaced by "bodily injury. property damage or environmental damage."
- 6.
EXCLUSION (f) is replaced by the following exclusion:
[This policy does not apply:]
(f) to on-site property damage:
- 7.
In CONDITION 3. and in all endorsements to this policy modifying the dollar amount of the limit of liability stated in Item 4 of the declarations. the words "bodily injury or property damage" are replaced by "bodily injury.
property damage or environmental damage."
- 8.
In CONDITION 4. and in all endorsements to this policy modifying the dollar amount of the total aggregate liability of the companies with respect to a common occurrence:
(a) the words "bodily injury or property damage" are replaced by "bodily injury. property. damage or environmental damage"; and (b) the words "bodily injury and property damage" are replaced by "bodily injury. property damage and environmental damage."
7
- 9.
In CONDITIONS 5, 11, 15 and 18, and in all endorsements to this policy relating thereto, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."
- 10.
CONDITION 19, DECLARATIONS, and CONDITION 20, MUTUAL POLICY CONDITION, are renumbered CONDITIONS 20 and 21.
- 11.
The following CONDITION is added to the policy:
19 ARBITRATION OF DISPUTES RELATING TO THE APPLICATION OF INSURING AGREEMENT IV All such disputes subject to paragraph (5) of INSURING AGREEMENT IV shall be submitted to a Board of Arbitration (the "Board") for a final and binding resolution of the dispute.
There shall be two parties to the arbitration:
the first named insured, acting on behalf of all insureds as their duly authorized representative, and Nuclear Energy Liability Insurance Association, acting on behalf of the companies as their duly authorized representative.
Except to the extent the parties mutually agree otherwise, the following principles will apply:
(a)
The arbitration will take place in New York, New York, and will be governed by the laws of the State of New York.
(b)
Either party may begin the process of arbitration by giving notice to the other party in writing of its intention to do so and the name of. the arbitrator that it has appointed.
(c)
The other party shall then appoint in writing an arbitrator, and the arbitrators shall appc,int in writing an umpire before they begin the arbitration.
The umpire shall act as chairman of the Board.
(d)
If a party fails to name its arbitrator within thirty (30) days of the other party's written request that it do so, the requesting party may appoint an arbitrator for the party in default.
(e)
If the two arbitrators fail to agree on the selection of an umpire within thirty (30) days after they have both been appointed, each of them shall name two, of whom the other shall decline one.
The choice shall be made by drawing lots.
(f)
The arbitrators and umpire shall be executive officers or former executive officers of insurance companies licensed to do business in the United States or of organizations designated as the first named insured under a Nuclear Energy Liability Policy issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters: provided that the current employees of the following shall not be eligible for service a
(g)
(h)
(i)
(j)
(k)
(1) without the consent of both parties:
(1) any party or likely party to the underlying claim or suit; (2)
American Nuclear Insurers.
MAERP Reinsurance Association or their members; or (3) any other insurer or reinsurer which has casualty insurance or reinsurance in force on any of the foregoing which may be materially affected by the Board's decision.
Within thirty (JO) days after the appointment of the umpire. each party shall submit its case in writing to the Board.
The Board shall determine its rules of procedure. and the nature and extent of any discovery. testimony, examination or cross-examination of witnesses and oral argument permitted.
The decision of any two members of the Board shall be final and binding on all parties.
All discovery. submissions of evidence, hearing of witnesses and argument shall be completed within sixty (60) days of the appointment of the umpire, provided the Board may grant one extension of thirty (JO) days.
The arbitrators and the umpire are not to be bound by any strict rules of legal procedure. evidence or legal precedents.
They shall, however, be governed by the terms of this policy, and shall have no power to add to or change its provisions.
Subject to this admonition, they shall interpr~t the relevant provisions of this policy as an honorable business agreement, and shall be entitled to decide, in accordance with such provisions together with the other materials submitted to them, what they think is the fair and right thing to be done between the parties from a business point of view. without favoring the interest of either party.
The Board shall make its award in writing within thirty (JO) days after the close of the period, including any extension granted, described in paragraph (h) above.
If the Board fails to make an award within the time prescribed by paragraph ( j) above. then unless an extension is agreed to by the parties.
a new arbitration shall be commenced and completed in accordance with the procedure set out in paragraphs (a) through (j) above.
The award of the Board signed by any two members shall be final. not subject to appeal and'binding on all parties. including all insurers subscribing the policy and all insureds thereunder.
The award shall be treated~a;; a matter involving interstate commerce, and may be filed or confirmed in any court of competent jurisdiction, state or federal.
and judgment thereon entered and enforced, in accordance with the law and practice of the forum
- 9
(m)
(n)
(o)
Unless the Board decides pay the expenses of the for it and one half arbitration.
otherwise, each party shall arbitrator appointed by or of the other costs of If an arbitrator or umpire is unable or unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place, in accordance with the provisions set forth above.
All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing party shall send simultaneously a ~opy thereof to the opposing party.
- 12.
This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under this* policy,* and which are first made in writing against any insured on or after the effective date*
- of this endorsement stated below.
10 Effective Date of this Endorsement January 1, 1990 To form a part of Policy No.
MF-57 12:01 A.H. Standard Time Issued to Virginia Electric & Power Company Date of Issue February 16, 1990 For the Subscribing Companies rsement No.
85 Countersigned by ME-71 (1/1/90)
Authorized Representative
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-63 FORMING PART OF MASTER POLICY~N-0~.'--1~
NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection)
- 1.
In paragraph (c) on Pages 1 and 2 of the certificate, and in all endorsements to the certificate relating thereto. the words "bodily injury or property damage" are amended to read "bodily injury, property damage or environmental damage".
- 2.
This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.
Effective Date of THIS 18 TO CERTiFY THAT THIS IS A TRUE COPY OF THE OR!G!Niti..L CEr-lT!F!CA.TE, BEARING THE NUMBER DESIGNP..TED HER~ON, FOR INSURANCE COVERAGE UNDER THE Mfa.STER, POU CY-NUCLEAR ENERGY L!ABIUTY lf 1lSURAr,!CE (SECOf1JDARY FINJ\\NO{AL PROTECTION). NO l*r,.i\\;\\!'"'Al* 1c:: 10.,i::,:r;,,o* ::::o ~ T'-'J-:.... ~
,,,... 11,-,, \\:
- ,.:, ~
L.71..u?
- O.Q.-A,,vrr.;/-..;*--..,
- c:) ' ~~;~u;,~~::*/,
,!-\\*,,
- I 1*-""!'"
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.if.. b
,;v*1N L. (,.,_. \\ I I R<..i...,v-11 1
\\.'ii::!: PHL:S!DENT-UNDERWRITING Mvi1:J~lCAN NUCLEAR INSURERS this End~r~ement ----;J~a~n~ua~r~y;__,,;;1~,--19~9_0------~
12:01 A. M. Standard time To form a part of Certificate No. N-63 Issued to Virginia Electric & Power Company Date of Issue March 23, 1990 For the N
17 Endorsement
- o. -------
Countersigned by------------------------------
NE-S-18 (1/1/90)
- 1.
- 2.
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ENDORSEMENT TO CERTIFICATE NO. M-63 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection)
In paragraph (c) on Pages 1 and 2 of the certificate, and in all endorsements to the certificate relating thereto. the words "bodily injury or property damage" are amended to read "bodily injury, property damage or environmental damage".
This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the*policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below
- Effective Date of this Endorsement
~__;J~a~n~u~a~r~y __ l~, __
19_9_0 _______ To form a part of Certificate No. M-63 12:01 A.M. Standard tine Issued to Virginia Electric & Power Company Date of issue March 23, 1990 For the Subscribing Companies
~ndorsement No. ~--17 __________ __
Countersigned by~---------------------------
ME-S-18 (1/1/90)
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO.
N-70 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection)
- 1.
In paragraph (c) on Pages 1 and 2 of the certificate, and in all endorsements to the certificate relating thereto. the words "bodily injury or property damage" are amended to read "bodily injury. property damage or environmental damage".
- 2.
This endorsement applies to all claims for damages, costs.
expenses or other* relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.
Effective Date of this Endo~s~ment ---~~J~a~n~ua~r~y:......;.1~,~1~99_0~~~~
12:01 A.H. Standard time Issued to Virginia Electric & Power Company Date of Issue March 23, 1990 For Endorsement No. ---=l~Z;......~-
NE-S-18 (1/1/90)
..................... :-.. :~-.::~*;;:;__$
To form a part of Certificate No. N-70
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
- 1.
- 2.
ENDORSEMENT TO CERTIFICATE NO. M-70 __......,...._
FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection)
In paragraph (c) on Pages 1 and 2 of the certificate, and in all endorsements to the certificate relating thereto, the words "bodily injury or property damage" are amended to read "bodily injury, property damage or environmental damage".
This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below *
~.'
;,..;,... :~:;;,~
Effective Date of this Endorsement
=J~a~nu~a~r.Y_.;;;.1~,~1~9_9_0 ___ ~To form a part of Certificate No.
M-70 12:01 A.M. Standard time Issued to
- Virginia Electric & Power Company Date of issue March 23, 1990 For the Subscribing Companies MlffUAL AnHII:.
DKRGY T~:;;r r By
~.c,.~
Countersigned by---------------------------
~Endorsement No.
'I 7 ME-S-18 (1/1/90) 4
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-27 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection)
- 1.
In paragraph (c) on Pages 1 and 2 of the certificate. and in all endorsements to the certificate relating thereto. the words "bodily injury or property damage" are amended to read "bodily injury. property damage or environmental damage".
2~
This endorsement applies to all claims for damages. costs.
expenses or other relief or recovery for which coverage is sought under the policy. and which are first made in writing against any insured on or after the effective date of this endorsement stated below.
..... -. *- ~...
Effective Oat~ of this Endorsement ---~J~a~n~ua~r~y~l~,_;;_19~9~0---~
12:01 A. M. Standard time To form a part of Certificate No. N-27 Issued to _____
V!..1!.!* r...:.gL!i.!!n.!.i :::.a...:E:..l:.;e:.::c:..:t:.:.r.!.i =-c...:&~P..::o:..:.:w:..::e~r_.;.Co:.;.m:.:.i:p;.;;a~n~y---------------
Date of Issue March 23, 1990 For the
.
- Endorsement No. --=1-5 __
Countersigned by-----------------
NE-S-18 (1/1/90)
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
- 1.
- 2.
ENDORSEMENT TO CERTIFICATE NO.
M-27 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITY INSURANCE
{Secondary Financial Protection)
In paragraph (c) on Pages 1 and 2 of the certificate, and in all endorsements to the certificate relating thereto, the words "bodily injury or property damage" are amended to read "bodily injury, property damage or environmental damaie".
This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below
- Effective Date of this Endorsement __ _...;:J~a~n~u~ar~yi...-;;1~,_..;;;.1_99_0 ________ To form a part of Certificate No. M-27 Issued to Date of issue 12:01 A.H. Standard time Virginia Electric & Power Company March 23, 1990 For the Subscribing Companie~
KOTUAL ATOKIC ENKBGY LIAB~ li°KB..VR.ITKRS By~~-~
Countersigned by----------------------------
~ndorsement No.
15 ME-s~:8-(1/1/90)
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO.
N-28 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 1, In paragraph (c) on Pages 1 and 2 of the certificate, and in all endorsements to the certificate relating thereto, the words "bodily injury or property damage" are amended to read "bodily injury, property damage or environmental damage".
- 2.
This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.
Effective Date of this Endnr~ement ----~J~a~n~u~a~ry~l;,,;.;,~1_9_9_0 ___ ~ To form a part of Certificate No.N-28 12:01 A. M. Standard time Issued to ----~V!...;i!...!r...!:gl...!i.!.!n~i~a-=-El.!...:e::.:c::...;t::.:r....:i..:::c:....::&;...:_P.=.ow;.:.e::..r;___;C;.;o;.;;m.;.i;p;.;;.a;..;.;n~y---------------
Date of Issue March 23, 1990 For the Endorsement No.
15 Countersigned by------------------
NE-S-18 (1/1/90)
Nuclear Energy Liability Insurance MUTUAL ATOMIC. ENERGY LIABILITY UNDERWRITERS ENDORSEMENT TO CERTIFICATE No.M-28 FORMING PART OF MASTER POLICY _N_,0,.....----,1,--
NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection)
- 1.
In paragraph (c) on Pages 1 and 2 of the certificate. and in all endorsements to the certificate relating thereto. the words "bodily injury or property damage" are amended to read "bodily injury, property damage or environmental damage".
- 2.
This endorsement applies to all claims for damages. costs, expenses or other relief or recovery for which coverage is sought under the policy. and which are first made in writing against any insured on or after the effective date of this endorsement stated below.
Effective Date of this Endorsement
=J~a~n~u~a~ry"--,.;1~,:.....;;1_9~9_0 ________ To form a part of Certificate No. M-28 Issued to Date of issue 12:01 A.M. Standard til:"ia
- Virginia Electric & Power Company March 23, 1990 For the Subscribing Companies Endorsement No. __
1_5 __________ __
ME-S-18 (1/1/90)
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1989 It is agreed that Items 1 and 2 of Endorsement No.
99 ---
are amended to read:
- 1.
ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is: $ 819,570.00
- 2.
STANDARD PREMIUM 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 is said Advance Premium and the Reserve Premium is: $620,548.00 Additional Premium:
$124,063.00 This is to certify that this.
t*
E.
is a ruo copy of th
.. I ndorsement having tho cl e ongma f
r
- enuorsement numba d b.
- o. tne I\\ucJear Enorgy, i~b*1*t p 1*
r an emg made part
~
l....c; l I y O ICV (C
- 1*t F ignated iereon I r
. ~ ' ac1 I Y orm) as des-
.,o,.P.surance is afforct'ed h.
d e1eun er.
-~
John L.,.ttrocc~i~e American Nuclear Insurers
- nt
...** :.~ -~!
Effective Date of this Endorsement January 1, 1989 To form a part of Policy No N F-186 12:01 A.M. Standard Time Is sued to ___
..;..V..;..i r:.....g.._1:.....* n"--i:..:a.:_..::E:...:.l..:;e..:;c..:;t.:....;r..;..i c~&:.:.......:P-=o:..:.w:....:e:..:..r__.;;.C.;;..om;.;.;..i;;..pa;;.;..;n"""y'-----------------------
- _r-th-e~h
..... u_b-~"-:-'r"""i-'b'-i-~.... --g---C=o:::m_p_a_n_i_e_*s ____ _
PRESIDENT Date of Is s ue_..;..A.;..i;p..;..r...;.i...;..l __.;;.2_5 ~* -'1~9;...;9:...;0'--------
Endorsement No --------
107 Countersigned by -----------------
NE-36
NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1989 It is agreed that Items 1 and 2 of Endorsement No.
79 are amended to read:
- 1.
ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is: $237,940.00
- 2.
STANDARD PREMIUM 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 is said Advance Premium and the Reserve Premium is: $ 180,159.00 Additional Premium:
$36,019.00 This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuclear Energy Liability Policy (F ility Form) as des-ignated~reo~ Ins~~nce is,"'afford hereunder.
-c.~.~ *(ti;
~
~ohn L trocchi, Vice President-Underwri American Nuclear Insurers Effective Date of this Endorsement January 1, 1989 To form a part of Policy No.
MF-57 12:01 A.r1. Standard Time Issued to Virginia Electric & Power Company Date of Issue April 25, 1990 Endorsement No.
87 ME-36 For the Subscribing Companies MUTUAL ATOMIC I!BERGY LIABILITY 1WRITERS By
~~-~
Countersigned by~~~~~~~~~~~---:-~~~~
Authorized Representative
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1989 It is agreed that Items 1 and 2 of Endorsement No.
71 ---
are amended to read:
- 1.
ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is: $ 753,763.00
- 2.
STANDARD PREMIUM 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 is said Advance Premium and the Reserve Premium is: $570,535.00 Return Premium:
$88,797.0Q Effective Date of this Endorsement ___ J~a~n~u~a~r~y'-:"l~,~1~9~8~9--::--:--'.=:----~To form a part of Policy No NF-240 12:01 A.M. Standard Time Issued to Virginia Electric & Power Company Date of Issue May 10, 1990
- _r-th_e_h
__ u_b_;~
.... :_.r'"'"i"""b~i-n--g-_-C::o:::m_p_a_n_i_e_s _____ _
PRESIDENT Endorsement No --------
80 Countersigned by -----------------
NE-36
NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1989 It is agreed that Items 1 and 2 of Endorsement No.
57 are amended to read:
- 1.
ADVANCE PREMIUM:
It is agreed that the Advanc~
Premium due the companies for the period designated above is: $218,835.00
- 2.
STANDARD PREMIUM 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 is said Advance Premium and the Reserve Premium is: $165,639.00
..;;;.;;~...:;.;:_~~------
Return Premium:
$25,779.00 Effective Date of.
this Endorsement January l, 1989 To form a part of Policy No.
MF-96 12:01 A.M. Standard Time Issued to Virginia Electric Power Company Date of Issue May 10~ 1990 Endorsement No.
ME-36 66 For the Subscribing Companies HOTUAL ATOMIC ENERGY LIABILITY ~RINJ.TERS By
~;a,~~
Countersigned by---------------~
Authorized Representative
I~~-
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-28 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)
It is agreed that effective August 20, 1988:
I.)
Subparagraph (c) on Page 1 of the certificate is amended to read as follows:
(c) to bodily injury or property damage (1) with respect to which the primary financial protection described in Item 4 of the Declarations would apply but for (i)
( ii) exhaustion of described in Policy, or its limit of liability as Condition 6
of the Master the application of Insuring Agreement IV, "Application of Policy" of the primary financial protection, as amended by paragraph 3
of the Waiver of Def ens es Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten ( 10) years after the end of the certificate period stated in Item 6
of the Declarations.
- However, this subparagraph ( 3) shall not operate to bar coverage for bodily injury or property damage caused by an extraordinary nuclear occurrence.
II.)
Item 4.(b) of the certificate is deleted.
III.) Item 7.
of the certificate is amended to read as follows:
NE-S-14 Page 1 of 2
Effective Date of Item 7.
Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2
of the Master Policy with respect to each nuclear incident: $51,266,250.
this Endorsem.ent August 20, 1988 12:01 A. M. Standard time To form a part of Certificate No. N-28 Issued to ___
-..!V..!..i.!..rg::1.1!.!* n!...!i~a~E.:.:l e:..::c~t:.:.r...:..i.::.c...;&:......:..P..:::o..:.:.w.::.e:....r...;C;.:o;.;;.m:..i:.p..;;;.a;.;.:ny~---------------
Date of Issue t,1arch 23, 1990
~ndorsement No.
14 NE-S-14 Page 2 of 2
-~*
\\,,
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ENDORSEMENT TO CERTIFICATE NO.
M-28 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)
It is agreed that effective August 20, 1988:
I.)
Subparagraph (c) on Page 1 of the certificate is amended to read as follows:
(c) to bodily injury or property damage (1) with respect to
~hich the primary financial protection described in Item 4
- of the Declarations would apply but for (2)
(3)
(i) exhaustion of its limit of liability as described in Condition 6
of the Master Policy, or
( ii) the application of Insuring Agreement IV, "Application of Policy" of the primary financial protection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the certificate period stated in Item 6
of the Declarations.
- However, this subparagraph ( 3) shall not operate to bar coverage for bodily injury or property damage caused by an extraordinary nuclear occurrence.
II.)
Item 4.(b) of the certificate is deleted.
III.) Item 7.
of the certificate is amended to read as follows:
ME-S-14 Page 1 of 2
Effective Date of this Endorsement Issued to Item 7.
Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2
of the Master Policy with respect to each nuclear incident: $14,883,750.
Au __ g_u_s_t_20_, _1_9_8_8 ____ To form a part of Certificate No.
M-28 12:01 A.M. Standard time Virginia Electric & Power Company Date of issue March 23, 1990 For the Subscribing Companies WIUALrC KHKEY rmIUTY r By
- -8:.~
Endorsement No.
14 Countersigned by ME-S-14 Page 2 of 2
.... -1....
~~-.
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-63 Forming Part of Master Policy N~l Nuclear Energy Liability Insurance (Secondary Financial Protection)
It is agreed that effective August 20, 1988:
I.)
Subparagraph (c) on Page 1 of the certificate is amended to read as follows:
(c) to bodily injury or property damage (1) with respect to which the primary financial protection described in Item 4 of the Declarations would apply but for (i)
( ii) exhaustion of its limit of liability as described in Condition 6
of the Master Policy, or the application of Insuring Agreement IV, "Application of Policy" of the primary financial protection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the certificate period stated in Item 6
of the Declarations.
- However, this subparagraph ( 3) shall not operate to bar coverage for bodily injury or property damage caused by an extraordinary nuclear occurrence.
II.)
Item 4. (b) of the certificate is deleted.
III.) Item 7.
of the certificate is amended to read as follows:
NE-S-14 Page 1 of 2
., 1-.. *~
Effective Date of Item 7.
Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2
of the Master Policy with respect to each nuclear incident: $51,266,250.
this Endorsement August 20, 1988 To form a part of Certificate No. N-63 12:01 A. M. Standard time Issued to ____
V_i_rg.._1_* n_i....;.a_El_e_c_t_r_i_c_&_P_o_w_e_r_C_o_m..._p_an_.y'----------------
Date of Issue March 23, 1990
.ndorsement No~
16 Countersigned by---------------------------
NE-S-14 Page 2 of 2
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ENDORSEMENT TO CERTIFICATE NO. M-63 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)
It is agreed that effective August 20, 1988:
I.)
Subparagraph (c) on Page 1 of the certificate is amended to read as follows:
(c) to bodily injury or property damage (1) with respect to which the primary financial protection described in Item 4 of the Declarations would apply but for (i) exhaustion of its limit of liability as described in Condition 6
of the Master Policy, or (ii) the application of Insuring Agreement IV, "Applicati6n of Policy" of the primary financial protection, as amended by paragraph 3 of the Waiver of Def ens es Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and
( 3) which is discovered and for which written claim is made against the insured not later than ten ( 10) years after the end of the certificate period stated in Item 6
of the Declarations.
- However, this subparagraph ( 3) shall not operate to bar coverage for bodily injury or property damage caused by an extraordinary nuclear occurrence.
II.)
Item 4. (b) of the certificate is deleted.
III.) Item 7.
of the certificate is amended to read as follows:
ME-S-14 Page 1 of 2
Item 7.
Effective Date of Maximum retrospective premium {exclusive of allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with respect to each nuclear incident:$14,883,750.
this Endorsement
-~A.;..;;u""'g.._u..;.s..;.t_2_0_.,_1_98_8 _____ To form a part of Certificate No.
M-63 12:01 A.M. Standard time Issued to Virginia Electric & Power Company Date of issue March 23, 1990 For the Subscribing Companies lllffllALtTOOC EIIFJIGY LUBILITY ~
By
~;::8.~
Countersigned by------------
Endorsement No.
16 ME-S-14 Page 2 of 2
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-ZD Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)
It is agreed that effective August 20, 1988:
I.)
Subparagraph (c) on Page 1 of the certificate is amended to read as follows:
(c) to bodily injury or property damage (1) with respect to which the primary financial protection described in Item 4 of the Declarations would apply but for
( i)
( ii) exhaustion of described in Policy, or its limit of liability as Condition 6
of the Master the application of Insuring Agreement. IV, "Application of Policy" of the primary financial protection, as amended by paragraph 3
of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, an~
{ 3) which is discovered and for which written claim is made against the insured not later than ten {10) years after the end of the certificate period stated in Item 6
of the Declarations.
- However, this subparagraph ( 3) shall not operate to bar coverage for bodily injury or property damage caused by an extraordinary nuclear occurrence.
II.)
Item 4.{b) of the certificate is deleted.
III.) Item 7.
of the certificate is amended to read as follows:
NE-S-14 Page 1 of 2
Item 7.
Effective Date of Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2
of the Master Policy with respect to each nuclear incident: $51,266,250.
this Endorsem.ent August 20, 1988 12:01 A. M. Standard time To form a part of Certificate No.
N-70 Issued to ___
___;_V..:.i.:....rg,1.,1;.;.* n.:..:i..;:a---=.El.:..;e:...:c:....:t;.;..r....:..i.:..c.;...&:.;.,,,.;.P...::o..:..:.w.:..e.;...r.;...C:....:o;,;,;,m;i;.p.:..an;,;,,y'-----------------
Date of Issue March 23, 1990
/'J For the Subsdribing C~
By
(~
esident
.ndorsemen t No. --=16;,,__
Countersigned by-------------~
NE-S-14 Page 2 of 2
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ENDORSEMENT TO CERTIFICATE NO.--H=.1.Q Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)
It is agreed that effective August 20, 1988:
I.)
Subparagraph (c) on Page 1 of the certificate is amended to read as follows:
(c) to bodily injury or property damage (1) with respect to which the primary financial protection described in Item 4 of the Declarations would apply but for (i) exhaustion of its limit of liability as described in Condition 6
of the Master Policy, or (ii) the application of Insuring Agreement IV, "Application of Policy" of the primary financial protection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten ( 10) years after the end of the certificate period stated in Item 6
of the Declarations.
- However, this subparagraph ( 3) shall not operate to bar coverage for bodily injury or property damage caused by an extraordinary nuclear occurrence.
II.)
Item 4.(b) of the certificate is deleted.
III.) Item 7.
of the certificate is amended to read as follows:
ME-S-14 Page 1 of 2
1li Item 7.
Effective Date of Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with respect to each nuclear incident: $14,883,750.
THIS IS iO CERTIFY THAT THIS IS,A TRUE COPY OF THE ORJGINAL.
CERTlflCATE, BEARING THE NUMBER DESIGNATED HEREON FOR INSURANCE COVERAGE UNDER THE MAST R POLICY-NUCLEAR ENERGY Ll~BIL~INSURANCE (SECONDARY FIN IAl PROTECTION) NO INSURA CE t~.RO y
JOHN L.
ATTAOOCHI VICEJ'~ES_IOM'-UNDEAWRITING AMERICAN NUCLEAR INSURERS this Endorsement -~A~u~g~u_s_t_2_0~, __
1_98_8 ______ ~
To form a part of Certificate No. M-70 12:01 A.M. Standard time Issued to Virginia Electric & Power Company Date of issue March 23, 1990 For the Subscribing Companies ndorsement No.
16 KDrUALiffllIC KNKBGY -~VRITKKS By
. ~;:8,~~
Countersigned by----------------~-----
ME-S-14 Page 2 of 2
I 1,*:
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ENDORSEMENT TO CERTIFICATE NO.
t-1-27 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)
It is agreed that effective August 20, 1988:
I.)
Subparagraph (c) on Page 1 of the certificate is amended to read as follows:
(c) to bodily injury or property damage (1) with respect to which the primary financial protection described in Item 4 of the Declarations would apply but for (i) exhaustion of its limit of liability as described in Condition 6
of the Master Policy, or (ii) the application of Insuring Agreement IV, "Application of Policy" of the primary financial protection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and
( 3) which is discovered and for which written claim is made against the insured not later than ten ( 10) years after the end of the certificate period stated in Item 6
of the *Declarations.
- However, this subparagraph (3) shall not operate to bar coverage for bodily injury or property damage caused by an extraordinary nuclear occurrence.
II.)
Item 4. (b) of the certificate is deleted.
III.) Item 7.
of the certificate is amended to read as follows:
ME-S-14 Page 1 of 2
Effective Date of this Endorsement Issued to Item 7.
Maximum retrospective premium (exclusive of allowance for premium taxes} payable pursuant to Condition 2
of the Master Policy with respect to each nuclear incident: $14,883,750.
THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL!
CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSiUANCE COVERAGE UNDER THE MA TEA POLICY-NUCLEAR ENEF:
LIABI !TY INSURAN~~.JfC~I NCIAl PROTECTION). NO INS NC~~O~~
- JOHN
- QUATTROCCHI VICE PRESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS
--'A_u""'q... u __ s __ t-=20 __ *.__1--9 __ 8_8 ____ To form a part of Certificate No. M-27 12:01 A.M. Standard time Virginia Electric & Power Company Date of issue March 23, 1990 For the Subscribing Companies Endorsement No.
14 ll1mJAL \\TONIC ERKRGY LIAllIUTY ~
By
~:::ZS:.~
Countersigned by--------------
ME-S-14 Page 2 of 2
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE N0.~7)
Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)
It is agreed that effective August 20, 1988:
I.)
Subparagraph (c) on Page 1 of the certificate is amended to read as follows:
(c) to bodily injury or property damage (1)
(2)
(3) with respect to which the primary financial protection described in Item 4 of the Declarations would apply but for (i)
( ii) exhaustion of its limit of liability as described in Condition 6
of the Master Policy, or the application of Insuring Agreement IV, "Application of Policy" of the primary financial protection, as amended by paragraph 3
of the Waiver of Def ens es Endorsement attached thereto, and which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and which is discovered and for which written claim is made against the insured not later than ten ( 10) years after the end of the certificate period stated in Item 6 of the Declarations.
- However, this subparagraph ( 3) shall not operate to bar coverage for bodily injury or property damage caused by an extraordinary nuclear occurrence.
II.)
Item 4. (b) of the certificate is deleted.
III.) Item 7.
of the certificate is amended to read as follows:
NE-S-14 Page 1 of 2
Item 7.
Effective Date of Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2
of the Master Policy with respect to each nuclear incident: $51,266,250.
this Endorsement __
A_u.... g_us_t_2_0""'", _1_9_8_8 ___ _
To form a part of Certificate No. N-27 12:01 A. M. Standard time Issued to ______
V
..... i.;..r..,g,"""* n
__ i __ a ____ E __ l e __ c;;..;t...;.r..... i __ c_& ____ P __ o __ w __ e __ r _C __ o __ m
__ p __ an
...... y...._ ____________ _
Date of Issue March 23 2 1990 For the
~ndorsement No. ____
14_
Countersigned by-------------------
NE-S-14 Page 2 of 2
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIAfflLITY INSURANCE ASSOCIATION ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1989 It is agreed that Items 1 and 2 of Endorsement No. 97 ---
are amended to read:
- 1.
ADVANCE PREMIUM:
It is agreed that the Advance Premium due the* companies for the* peri ad designated above is:. $ 695,507.00
- 2.
STANDARD PREMIUM 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 is said Advance Premium and the Reserve Premium is:
$ 526,260.00 Return Premium:
$50,671.00.
Effective Date of this Endorsement January l, 1989 To form a part of Policy No NF-186
---~-------------
12:01 A.M. Standard Time Issued to ___
v_,_* r_g._i_n_i_a_El_e_c_t_r_i_c_&_P_o_w_e_r_C_om......;p'"""a_n_y _____________________ _
Date of Issue January 3, 1990
- _r-th_e_/j_u_b-~-f-ri~*
b_,_1_* n~-"-:..-=..C-=..o-:::.m_p_an_1_* e_s ____ _
PRESIDENT Endorsement No -------
99 Countersigned by -----------------
NE-36
NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1989 It is agreed that Items 1 and 2 of Endorsement No. 77 ---
are amended to read:
- 1.
ADVANCE PREMIUM:
It is agreed that the Advanc~
Premium due the companies for the period designated above is: $ 201,921.00
- 2.
STANDARD PREMIUM 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 is said Advance Premium and the Reserve Premium is: $ 152,785.00 Return Premium:
$14,711.00.
This is to certify that
- this is a lTue copy of "i;he or1ginai Endorsement having the endorsement.umber and being made part of t~clear Energy Liability_ Polic< ;Facili!y Form) as de&
ignat hereon. No Ir - r, -
~
0 hereunder.
~
- ~~~t:..i;';,fC;/A John L.
uattrocchi, Vice President-Underwriting American Nuclear Insurers Effective Date of this Endorsement January 1, 1989 To form a part of Policy No.
MF-57
-=-=-~--=-~----,--,-----
12: 0 l A.M. Standard Time Is sued to _V,:...1-'-"* r~g1"i:.!.n!..!i.:::ac.....=.E..!,;l e:::..:C~t~r....!i...!::Oc~&..... P!.-lo,£.Jw.U,ei..Lr __
c.,,.omw.pi,Lla.Un..i,,yL--_________ -,--________ _
Date of Issue January 32 1990 Endorsement No.
79 ME-36 For the Subscribing Companies HIJ'l1lAL ATOMIC lfflEBCY LIABILITY ~VRITEKS By
~;?!:,~~~
Countersigned by-~~~----,----------:------
Authorized Representative
I:
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1990
- 1.
ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is:
$ 874,760.00
- 2.
STANDARD PREMIUM 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 Stan-dard Premium is said Advance Premium and the Reserve Premium is:
$ 662,493.00 This is to certify that this is a true copy of the original Endorsement having the endorsement umber and being made part of th~t"" Energy Liability Polio* Facility Form) as des-ignate,* herg~,Jo - s* ra,.
. an ' *,_,
hereunder.
- c:=:).
John L.
ttrocchi, Vice President-Underwriting American Nuclear Insurers Effective Date of this Endorsement ~---J_an_u_a_ry~1_,_1_9_9_0 ____ ~ To form a part of Policy No.~_N_F_-_1_8_6 __
12:01 A.M. Standard Time r ssued to ___
V_i _rg~1_* n_1_* a_E_l_e_c_t_r_i c_&_P_o_w_e_r_C_om~pa_n~y~-------------------
Date of Issue December 15, 1989 Subscribing Companies By ~----++4<~------~~~~Ge~ne~ral~Man~ag~er For the Authorized Representative Endorsement No.
98
=-c=-----
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ANNUAL PREMIUM ENDORSEMENT Calendar Year 1990 ANNUAL PREMIUM: It is agreed that the Annual Premium due the companies for the period designated above is:
$1 1 688.00.
Effective Date of this Endorsement January 1, 1990 To form a part of Certificate No. ___
M~-...... 7~0 __ _
12:01 a.m. Standard Time Issued to __
V_i_r_..g_i n_,.;..,* a_E __ l ___ ec
__ t __ r __ i_c_&_P_o"""w __ e __ r ____ Co.... m_.p __ a __ n..._y ________________ _
Date of Issue December 15, 1989 For the Subscribing Companies HllTUAL AT()HIC\\l!Nl!RGY LIAB~Tl!RS By
~~.~
Endorsement No.
15 L,
Countersigned by---------------
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ANNUAL PREMIUM ENDORSEMENT Calendar Year 12.2.Q.
ANNUAL PREMIUM: It is agreed that the Annual Premium due the companies for the period designated above is.
$5 1 813.00, Effective Date of this Endorsement January 1, 1990 To form a part of Certificate No,----'N~-~7~0~~~-
12:01 a.m. Standard Time Issued to ____ V_i_r~g~i_n_ia-'--E~l~e_c_t~r~ic ___ &
__ P_o_w~e~r_C~o~m=p=a~n-y __________________________________ _
Date of Issue December 15, 1989 the S~-~1ibing copzrynies By 1
- . i '.,., ~le;:;::--~l;:,o
-i,
President For Endorsement No.
15 Countersigned by--------~~-------------
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY* UNDERWRITERS ANNUAL PREMIUM ENDORSEMENT Caiendar Year 1990 ANNUAL PREMIUM: It is agreed that the Annual Premium due the companies for the period designated above is:
$1,688.00.
Effective Date of this Endorsement January 1 1 1990 To form a part. of Certificate No.
M-63
-~----
12:01 a.m. Standard Time Issued to Virginia Electric & Power Company Date of Issue December 15, 1989 For the Subscribing Companies MUTUAL ATOMIC" GY LIABILITY UNDER By
~
- ~~~~~{[\\
__,..._.r----------~~--
Endorsement No.
15 Countersigned by*-----------~
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ANNUAL PREMIUM ENDORSEMENT Calendar Year 1990 ANNUAL PREMIUM: It is agreed that the Annual Premium due the companies for the period designated above is:
$1 1 688.00.
THIS IS TO CERTIFY THAT TI-HS !S A TRUE COPY OF THE ORIGINAL cr=RTIFICATE BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY LiA!LITY INSURANCE (SECONDARY F,zyJANCIAL PROTECTION). NO INSl AN~~F~~Y.
JU
. QUA TIROCCHI
. ilf.~.
VICE PRESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement January 11 1990 To form a part of Certificate No._~M~-~2~7 __ _
12:01 a.m. Standard Time Issued to Virginia Electric & Power Company
'-----------~...;.... ________________ _
Date of Issue December 15 1 1989 For the Subscribing Companies HUrUAL ATOKICr::JABI~n~m By
~C).~
Endorsement No.
13 Countersigned by-----------~
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ANNUAL PREMIUM ENDORSEMENT Calendar Year 1990 ANNUAL PREMIUM: It is agreed that the Annual Premium due the companies for the period designated above is:
$1 1 688.00.
THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE STER POLICY-NUCLEAR ENERGY Ll!AL.
ITY INSURANCE {SECONDARY ANCIAL PROTECTION). NQ INS AN~!F~.,,.
rt.
JO L. QUATIROCCHI VICE PRESIDENT-UNDERWRITING AM~RICAN Nl.JCLEAR INSURERS Effective Date of this Endorsement January 11 1990 To form a part of Certificate No.~_M_-_2_8~~~
12:01 a.m. Standard Time Issued to Virginia Electric & Power Company Date of Issue December 15, 1989 For the Subscribing Companies HUTUAL ATOHICrY LIABI~TJ!RS By
~~-~
Endorsement No.
13 Countersigned by~~~~~~~~~~~~
J
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ANNUAL PREMIUM ENDORSEMENT Calendar Year 1990 ANNUAL PREMIUM: It is agreed *tha t the Annual Premium due the companies for the period designated above is:
$5 1 813.00, THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NU~~~R M~~~1~:~b~~c~1Ru~te:R 0
- NERGY INSURANCE COVERAGE UNDER ON) NO ILITY INSURANCE (SECONDARY EINANCIAL PROTECT!
IN URA.NC~ IS A~Y THIS PY.
J
' L~TI VIC PRESIDENT-UNDERWRITIN AMERICAN NUCLEAR INSURERS
.. _,.. __... _,-.::~~;
Effective Date of this Endorsement January 1, 1990 To form a part of Certificate No*~-N~-~2~8'--~~
12:01 a.m. Standard Time Issued to Virginia Electric & Power Company
~ate of IsSue December 15, 1989 the Su};>-s"~ibing Co?Znies
(
~
By
\\_ f [11/~'JG? ~
\\I,
President For Endorsement No.
13 Countersigned by~~~~~~~~~~~~
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ANNUAL PREMIUM ENDORSEMENT Calendar Year 1990 ANNUAL PREMIUM: It is agreed that the Annual Premium due the com~anies for the period designated above is:
$5 1 813.00.
Effective Date of this Endorsement January 1, 1990 To form a part of Certificate No. ____
N-~2~7 ____ __
12:01 a.m. Standard Time Issued to_
Virginia Electric & Power Company Date of Issue December 15 1 1989 Endorsement No. ______ 1_3 ______ _
For the Su~ibing Co i
By ~---(:.,....;...l_f,L.J~..L:u(;~-~..:::----~~£l,..==---.--~--
\\ ;
President Countersigned by----------~----------~
- 1.
- 2.
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION
=
=-*--
ADVANCE PREMIUM* AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1990 ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is:
802,251.00 STANDARD PREMIUM 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 Stan-dard Premium is said Advance Premium and the Reserve Premium is:
$ -=60c..:...7.i...:, 3=8-=-6 '-='
o-=-o __
This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of t~clea, Ene,gy Liability_ Polle: Facility Form) as des-ignat, _; he~~No I. r
~
d hereunder.
. -~ '~
John L.
uattrocchi, Vice President-Underwriting American Nuclear Insurers Effective Date of this Endorsement ____
J_an_u_a_ry..!__1_,_1_9_9_0 _____ ~ To form a part of Policy No.
NF-240 12:01 A.M. Standard Time Issued to __
V_i~r~g_i n_1_* a_E_l_e_c_t_r_i_c_&_P_o_w_e_r_C_o_m~p_a_,ny,c__ __________________ _
Date of Issue December 15, 1989 Subscribing Companies By ~---l-HJ~~~~~~Ge~ne~ral~Ma~nag~er For the Countersigned by---------------
Authorized Representative Endorsement No.
72
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1990
- 1.
ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is:
$ _2_3_2~, 9_1_2._o_o __ _
- 2.
STANDARD PREMIUM 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 Stan-dard Premium is said Advance Premium and the Reserve Premium is:
$ _ __..l'""Z....... 6.._,.....
Jw,Ja
........... 0
...... 0.___ __ _
Effective Date of this Endorsement ____
Ja_n_u_a_ry~1_,_1_9_9_0 ____ _
To form a part of Policy No.
MF-96 12:01 A.M. Standard Time rs sued to _
_,_V_._i__._r-l,fg__._i.....
n-'--'i a..___,E,,,_J...,.e...,,c'----"t,_,_r_._i.,,,_c--""-&_,Pc._,o=w=e"---'-r_._,,C=o=m'l"'p=a,.,.nJ-y_'---_________________ _
Date of Issue December 15, 1989 For the Subscribing Companies Countersigned by----~------~~-
Endorsement No.
58 Authorized Representative
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1990
- 1.
ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is:
- 2.
Effective Date of this Endorsement
$ 253,963.00 STANDARD PREMIUM 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 Stan-dard Premium is said Advance Premium and the Reserve Premium is:
$ 192,337.00 January 1, 1990 To form a part of Policy No.
MF-57 12:01 A.M. Standard Time rs sued to __
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Date of Issue December 15, 1989 For the Subscribing Companies
- ~
Endorsement No.
Countersigned by--------------
78 Authorized Representative
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- 1.
- 2.
~ffective Date of Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1990 ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is:
10,395.00 STANDARD PREMIUM 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 Retrospective Rating Plan, the Standard Premium is said Advance Premium and the estimated Reserve Premium element of the Standard Premium is:
$ _8-'---=-3=16:..;..-=.;00.___ __
this Endorsement ____
Ja_n_u_a_ry~1_,_1_9_9_0 ___ To form a part of Certificate No.
m1-67 12:01 A.M. Standard Time r ssued to __ V~1~* r'-,g~i._._n~i'-"a.__E~J_e-ct~r~i~* c~&~P~a~w~e~r_C...,n.... m"'p.... a.... a'cly,___ __________________ _
Date of Issue December 15, 1989 For the Subscribing Companies 6
Countersigned by---------------
ME-W-2
- 1.
- 2.
Effective Date of Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1990 ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is:
35,805.00 STANDARD PREMIUM 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 Retrospective Rating Plan, the Standard Premium is said Advance Premium and the estimated
- Reserve Premium element of the Standard Premium is:
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this Endorsement ~~~_J_a_n_ua_ry-=-1_,_1_9_9_0~~-To form a part of Certificate No.
NW-140 12:01 A.M. Standard Time Issued to Virginia Electric & Power Company Date of Issue December 15, 1989
- sement No.
6 NE-W-2
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- 1.
- 2.
Effective Date of Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1990 ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is:
$ 10,395.00 STANDARD PREMIUM 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 Retrospective Rating Plan, the Standard Premium is said Advance Premium and the estimated ReseNe Premium element of the Standard Premium is:
8,"316.00 this Endorsement ____
J_a_n_u_a-ry_1_,_1_9_9_0 ___ To form a part of Certificate No.
MW-31 12:01 A.M. Standard Time rs sued to -----=-V,.:....;* r:......g.,_1:....:.* n.:....;ic..;:a:...._c=E'-'-1--=-e--=-c--=-t'-r.:_i c"'--'&"---'-P--=oc..:..:w=e.:_r--=-Co=m=p=-..:a=-n=y'-----------------------
Date of Issue
_.sement No.
ME-W-2 December 15, 1989 For the Subscribing Companies 6
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1990
- 1.
ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is:
- 2.
fective Date of
$35,805.00 STANDARD PREMIUM 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 Retrospective Rating Plan, the Standard Premium is said Advance Premium and the estimated Reserve Premium element of the Standard Premium is:
$ 28,644.00 Lis Endorsement ~~~_J_a_n_u_ary~1_,_1_9_9_0~~~To form a part of Gertificate No.~N_W_-_9_4~~~-
12:01 A.M. Standard Time
,sued to Virginia Electric & Power Company ite of Issue December 15, 1989 ndorsement No.
6 Countersigned by~~~~~~~~~~~~~~~
E-W-2
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Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ANNUAL PREMIUM ENDORSEMENT Calendar Year.!.22..Q.
ANNUAL PREMIUM: It is agreed that the Annual Premium due the companies for the period designated above is:
$5,813.00, Effective Date of this Endorsement January I, 1990 To form a part of Certificate No.~_N_-_6_3~~~
12:01 a.m. Standard Time Issued to Virginia Electric & Power Company Date of Issue December 15. 1989 the Sul;>s. fctibing Co(L~ies
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By
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President For Endorsement No. ~-'1"""5'---~~~-
Countersigned by~~~~~~~~~~~~