ML18219D533

03/15/1977 Letter Endorsement Nos. 24 Thru 27 for Nelia Policy No. NF-206

ML18219D533
Person / Time
Site:	Cook
Issue date:	03/15/1977
From:	Jeffery Lynch American Electric Power Service Corp
To:	Saltzman J Office of Nuclear Reactor Regulation
References
Download: ML18219D533 (14)

Text

NRQ apRM 196 U.S. NUCLEAR REGULATORV MMISSION DOCKET NUMIIE Iz. VO) ll Q 0-gg>- 0 -H/4o FILE NUMB NRC DISTRISUTION FoR PART 50 DOCKET MATERIAL FROM: DATE OF D CUME T C'4 f5 P(LETTER ~ ONOTORIZED PROP INPUT FORM ZSS ll~

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ctear Energy Liabitity IneuranO NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION AMENDMENT OF CONDITION 2 KMSTf)ltlfMll "INSPECTION'USPENSION Facility Form It is agreed that Condition 2 "INSPECTION; SUSPENSION" is replaced by the following:

2 INSPECTION; SUSPENSION The companies shall at any time be permitted but not obligated to inspect the facility and all operations relating thereto and to examine the insured's books and records as far as they relate to the subject matter of, this insurance. Neither the'right to make inspections and examina-tions nor the making thereof nor any advice or report resulting therefrom shall constitute an undertaking, on behalf of or for the benefit of the in-sured or others, to determine or warrant that such facility or operations are safe or healthful, or, are in compliance with any law, rule or regulation.

If a representative of the companies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hazard, a repre-sentative of the companies may request that such condition be corrected with-out delay. In the event of non-compliance with such request, a representative of the companies may, by notice to the named insured, to any other person or organization considered by the companies to be responsible for the continuance of such dangerous condition, and to the United States Nuclear Regulatory Com-mission, suspend the insurance with respect to the named insured and such other person or organization effective 12:00 midnight of the next business day of such Commission following the date that such Commission receives such notice. The period of such suspension shall terminate as of the time stated in a.written notice from the companies to the named insured and to each such person or organization that such condition has been corrected.

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- this is a true Endorsement having cop y oof th e original the endorsement nu.a f the Nz ear orgy L 1'1.I.3,.uy

.uy rPoli nuab sr andd being made il (u acility Form) p art ignated na '.~reo . tt o cy In"a ance is afforded y (.

hereunder.

as des-Charles B. rdes, 'fan or-LiabilityUnderniting Nuclear Energy Liab lity Property Insurance Assoc Effective Date of January 1, 1977 this Endorsement To form a part of policy'No NF-206 12:01 A.M. Standard Time Issued to Date of Issue December 15, 1976 For the su cribing co panies By General Manager f

Endorsement No 24 Countersigned by NE-46 (1/1/77) 77o~j'.o3qL

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~ Nuclear Energy Liability Insurance NUCL6AWENERGY LIABILITYINSURANCE ASSOCIATION 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 con-struction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening causes, whether involved the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his bodily, injury or property damage and the cause thereof, but in no event more than twenty years after the date of the nuclear incident.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an

'lement in the cause of action.

2. The waivers set forth in, paragraph l. above do not apply to (a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and caused by the claimant; 'rongfully (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 re-quired 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,'easured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under such law.

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3. The waivers set forth paragraph l. above shall be efive only with respect to bodily injury or pr rty damage to which the policy ~plies under its terms other than this endorsement; provided, however, that with respect to bodily in-jury or property damage resulting from an extraordinary nuclear occurrence, In-suring Agreement IV, "Application of Policy", shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy period by,.the nuclear energy hazard and (b) which is discovered and for which written claim. is made against the insured not later than twenty years after the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial pro-tection required of the named insured; (b) the agreement of indemnification between the named 'insured and the the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170e. of the Atomic Energy Act of 1954, as amended.

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

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 wi th their terms against any insured in an action to recover damages beca'use 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 tatives of 1954, as amended.

"financial protection" and "nuclear incident" have the meanings given them'n the Atomic Energy Act of 1954, as amended.

"claimant" means the person or organization actually sustaining the bodily injury or property damagdt'lahd &1 so dugs udeghhl-stqsyiynee~>Ite represen-and other persons 1btQcceganirzations;.-e titl,ed,tobnn,,a g n, c6o fdP~<~nal damages on account of suoh. injury ., -'J -'o->>-'o~'. c'13.1'qy Form) as r18s-ldna 1 ere . Uo Xn=nrance 2" afforded hereunder.

Charloa H.

Effective Date of this Endorsement >><<<<y 1>>>> 'o-'-">> "-bTo.foim.apart:ofpoIlcy, No 12:01 A.M. Standard Time Issued to December For the su cribing co panies pate of issue 15 1 76 By General Manager Endorsement No Countersigned by NE-33a (1/1/77)

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/Clear Energy Liability tneuranc NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION AMENDMENT OF DEFINITION OF "NUCLEAR ENERGY HAZARD" Indemnified Nuclear Facilit It is agreed that:

1. Solely with respect to an "insured shipment" to which the policy applies as proof of financial protection required by the Nuclear Regulatory Commission, subdivisio'n (2) of the definition of "nuclear energy hazard" is amended to read:

(2) the nuclear material is in an insured shipment which is away from any other nuclear 'facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a) the territorial limits of the United States of Aoeri ca, its territories or possessions, Puerto Rico or the Canal Zone; or (b) international waters or airspace, provided that

'the nuclear material is in the course of trans-portation between two points located within the territorial limits described in (a) above and there are no deviations in the course of the transportation for the purpose of going to any other country,'state or nation, except a devia-tion in the course of said transportation for the purpose of going to or returning from a port or place of refuge as the result of an emergency.

2. As used here, "financial protection" has the meaning given of' it in".(paltLT-Atomic Energy Act of 1954, as amended. CTue cord s-de yaT~

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. this Endorsement JQQva~ a~77 12:01 A.M. Standard Time issued to Indi ana tIt Mi chi gan Power Com any Dale of Issue ~RCQ&$~5~9r a For the su cribing co panies By General Manager Endorsement No 26 Countersigned by NE-44 I (1/1/77)

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NUCLEAR E RGY LIABILITYINSURANCE ASSOCIATION

1) ADVANCE PREMIUM AND STAllDARD PREMIUM EflDORSEMENT

2) CHANGES IN SUBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITY ENDORSEMENT Calendar Year .1977 la. ADVANCE PREMIUM: It is agreed that the Advance Premium due the companies for the period designated above is: $ 234 050.00

b. STANDARD PREMIUM AND RESERVE PREMIUM: In the a,bsence of a change in the Advance Premium indicated above, it is agreed that, subject to the pro-visions of the Industry Credit Rating Plan, the Standard Premium is said Advance Premium and the Reserve Premium is: $ 175 553,00

2. It is agreed that with respect to bodily injury or property damage caused, during the effective period of this endorsement, by the nuclear eneray hazard:

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

The policy shall be binding on such companies only.

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

3. It is agreed that the effective period of this endorsement is from the beginning of the effective date of this endorsement stated below to the close of December 31st of the Calendar Year designated in the caption above, or to the time of the 'termination or cancellation of the policy, if sooner.

(Over) r This is to certify that this ~< ~ ~~

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oZ th'e huclo r Eno gy LiabilityPolicy ("ac53~~ Pora) as desg igna tod l rco Mo Insurance is afforded 3eraMer.

K Charles H, ries, l anager-Liability Underwriting Effective Date of Nuc3,ear Energy Liability-Property Insurance assoc.

this Endorsement To form a part of Policy No NF-206 12:01, A.M. Standard Time Indiana 5 Hichi an Power Com an Date of Issue ~3~>I9!L For the su cribing co panies, By General Manager Endorsement No 27 Countersigned by NE-35 (1/1/77)

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SUBSCRIB)t(G COHPANIES PROPORTION OF

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A.tna Casualty and Surety Co., The, 151 Farmington Ave., t(artford, CT 06156 11,6)q08n2 Aetna Insurance Company, 55 Elm St., Itartford, CT 06115 2.3238160 A)lstate Insurance Co., 8324 Skokie Blvd., Skokie, IL 60076 4.fi476320 American Home Assurance Co., 102 Haiden La., New York, t(Y )0005 .6584145 American t(otorlsts Insurance Co., Long reprove, IL 60049 .3873027 Centennial insurance Co., 45 Hall St., t(ew York, (IY 10005 .3<73027 Commercial Union Insurance Company, One Beacon St., Boston, HA 02)M 3.7181056 Continental Casualty Co., Ct(A Plaza, Chicago, IL 60F85 4.6476320 Continental Insurance Company, The., 80 (Iaiden La., t(ew York, t(Y 10038 6.1968427 Federal Insurance Co., 51 John F. Kennedy Pkwy., Short Hills, t(J 07078 1.23o3685 Fireman's Fund Insurance Co., 3333 California St., San Francisco, CA 94119 4.2603244 General Accident Fire and Life Assurance Corp., Ltd., 414 Walnut St., Philadelphia, PA 19105 1.3168291, Great Anerican Insurance Co., 580 ()a)nut St., Cincinnati, OH 452n) 1.3013370 Gulf Insurance Co., 3015 Cedar Springs, Dallas, TX 75221 .1549211 Hanover Insurance Co., The, 440 L5ncoln St., Worcester, HA 0)605 .4647632 Hartford Accident and Indemnity Co., Hartford Plaza, Hartford, CT 06115 7.7450534 Hartford Steam Boiler Inspection and Insurance Co., The, 56 Prospect St., Hartford, C T 06102 .426032o t(erne Indemnity Co., The, 59 Haiden La., t(ew York, HY 10030 2.7111187 Insurance Compan'y of North Anerica, 1600 Arch St., Philadelphia, PA 1 9101 6.97)4480 Wary)and Casualty Co., P.O. BOX 1228, Baltimore, (ID 2)203 1.5492107 Itonarch Insurance Co. of Ohio, The, 19 Rector St., t(ew York, !IY )VIOL .27))))q t(orthwestern National Insurance Co., 731 ttorth Jackson St., tlilwaukee, Iil 53?n2 .5422237 Pacific Indemnity Co., 3200 I(i)shire Boulevard, Los Angeles, CA gnqRA .3098aql Peerless Insurance Co., 62 ftaple Ave., Keene, ttew Hampshire 03431 .Aq68?57 Phoenix Assurance Conpany of New York, 80 Haiden La., !(ew York, t(Y 10039 :4647632 Providence Washington Insurance Co., 20 ltashington Place, Providence, Rl 02o03 .Ao68257 Pur5tan Insurance Company, 1515 Sunnier St., Stamford, CT n69n5 .2323'))6 Reliance Insurance Company, 4 Penn Center Plaza, Philadelphia, PA 19103 1.2393685 Royal Globe Insurance Co.,'50 Hill(am St., New York, tlY 1003A 3.87392r7 St. Paul Fire and t)arine)nsurance Co., 385 Washington St., St. Paul, (l.'I 55102 3.8482393 Seaboard Surety Co., 90 Hi)lian St., ttew York, IIY 1003A .309842)

Security Insurance Company of Hartford, 1000 Asylun Ave., Hartford, CT 06)nl 1.0457172 State Farm Fire and Casualty Company, 112 East Itashington St., Bloomington, IL 61701 :7746n53 T(ansamerica Insurance Co., 1150 So. Olive St., Los Angeles, CA 900)r> .6)<6843 Travelers Indemnity Company, The, One Tower Square, Hartford, CT 06115 10.9943958 United States Fidelity and Guaranty Co., P.O. BOX 1138, Ba) t5more, HD 2)203 A.830500~

United States Fire Insurance Co., t(ad5son Ave. at Canfield Rd., tiorristown, tkl 07960 2.0435003 Zurich Insurance Co., 111 West Jackson Blvd., Chicago, IL 60604 .7746053 NE-77

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