ML18305B338

General Atomic Company, Indemnity Agreement No. B-9 and Amendments

ML18305B338
Person / Time
Site:	General Atomics, 05000240, 05000235
Issue date:	04/20/1962
From:	US Atomic Energy Commission (AEC)
To:
References
Download: ML18305B338 (93)

Text

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UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON 25, D. C.

rndenini 1:y B-9 Agreement No.

This indemnity agreement B-f is entered into by and between the ~uat D,-.~ ~pr.n:ati0$

(hereinafter-*referred to as the "licensee") and the United States "'Atomic Energy Couunission (hereinafter referred to* as the "Commission") pursuant to subsection 170c of the Atomic Energy Act of 1954, as amended (herein-after referred. to as "the Act").

ARTICLE I As used in this agreement,

1. "Nuclear reactor," "byproduct material~" "person,"

11source mate-rial," and "special nuclear material," shall hav~ the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission.

2.

Except where otherwise specifically provided, "Amount of financial protection" means-the amount specified in Item 2 a and *b,of the Attachment annexed hereto, as modified by paragraph 6, Article II, with respect to com=

mon occurrences.

3.(a) "Nuclear incident" means any occurrence or series of occurrences at the location or in the course of. transportation causing bodily injury, sickness, disease, or death, *or loss of or damage to property, -or loss of use -of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive materiaL (b)

Any occurrence or series of occurrences causing bodily injury, sickness, disease or death, or loss of or damage to property, or loss* of use of property, arising out of or resulting from the radioactive, toxic, ex-plosive or other hazardous properties of

i.

The radioactive material discharged or dispersed from the location over a period* of days, weeks,- months or longer and also* arising out of such.:

• properties of other material defined as "the radioactive material" in any other agreement or agreements entered into by.the Commission under subsection 170 cork of the Act and so discharged or dispersed from "the location" as defined in any such, o_ther agreement, or

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G$~era'.L ~ics Co:rpQtation General Atomic Division P.

• o. Box 608 S~t1 Diego 12; caU.fo~:ta ttem. 2

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A:moupJ; of fini$cial protectioµ * $250,000 from 12:0l A.M. 111

'September 26, !957 to 12:0l A.M., May 7,-.1960, inclusive, a~

$l 111soo,ooo suba~que~t to 12:01 A.M., 1':!ay 1. 1960.

b. With respect to a,ny nuclear :Lncida~t. i;he amo~t sp~cified in Item 2a of this Attachment shall he deemed to be reduced to the exte~t that any p&:vment made by the i11surer Or inGurers. *U~de?," ~

policy or policies specified i~ Jtee 5 Qf tht~ Attachment,educes th0 aggregate amount of such i~uranc~ pol:leies below the amou~t spec.ifi~d in item 2a.

cX-3 (From 12:01 A.M.

• September 26.; 1957 to 12;00 !.M.,

Marett 15, 1960. inclusive),

• R*38 (From 12:01 A.M., May 3, 1958)

R-67 (From 12:0l A.M., July l, 1960)

With r~spect to Lic.ense Nos. R*38 and R.~67:

All bui1dings and premises of General Dynamics Corporati.o~

(G~netal A~e Dlvislon) presently lo~ated within that portion ef ~he Jobn Jay Hopkins Laboratory which :ls i1i~i11.*

the fence4 eooipoun.d surrounding the present fflGs'\\ reaetot facility building. The TRIGA ~ea~tor facility is outlined in red in Figure 2 of Enclosure 2, General Dynam!es Hazards Summary Report, G(!.*1263* dated Marc:h l, 1960:t wb.ich figure

~~ iµeluded as part of this ind~ity agreement.

With resp~ct to t;,:i.eense No. cx~3:

The CIRG.\\ fa~ility buildiµga in the crttical Assembly Build*

ings area of the John Jay Hopkins Laboratory during the period of Septembet 26, 19.57 t.Q March 15, 1960. inciusiv~.

!he CIRGA f*cility buildings ate outlined in red in Figure 1 of the Ge~eral Dynamic, letter t~ the Atcn;itc Energy.Com-mission d*ted January 25, 1957, whieh figure is included as part of thie indemnity agreement.

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The Jolm Jay llopki~ Laboratory is located on the e11sterly side of u.s. Route 101 beginning at~ point approximately 6,000 feet north of Miramar Roe.d at Torrey Pines Mesa.

San Diego~ California.

Item 5

"!o. Irwtn:ance Policy Mo. (s)

Nuclear Energy Liability Policy (Facility Form) tio. ~~34 issued by the Nuclear Energy Liabiiity Insurance Aaaociation.

Item 6

• The indemnity agreement destgnated above,. of which this Attach-ment is a part, is effective as of 12:01 A.M. !) on the 26th day of Septembei:', 1957 and supersedes tfa!! interim indemnity s.gree*

mant dated Ja~usry 28, 1959 between*you and ~he At9mic Energy Commission.

(Signn!iJ '-

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For th~.s~t.Qm.:1:ckEnergy-C:QrMaission Division of Ucer.sing and Regulatisft Dy _____________

For the General A~o~ic D~vision, General Dynamics Corporation (liiame of Licensee)

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Dated at Ge:rmal"ttown, Maryland the JtJ

• day of

~, 1962.

Fig. 2.--Arrangement of General Atomic buildings and location of TRIGA facility

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I / I UNiT E:D S11UE.S ATOMlC ENERGY COMMISSION WASHINGTON 25 D. C.

AHEtfDMENI TO INTERIM J...GREEMENT _ OF INllEMNIFIC.i.\\TlOH The Interim.Agreement ol: In&:.mniU.caticn beti,;een G~nera1 Dynamics Corporation and the Atcim:l.c Energy Commitrnion, date(l January 28; 1959, is hereby amtc!nded by aJucnding the term "AEC License Noso CXe3 and R... 38"~ wherever it appears in thr:: agree~nt to read as follows:

11AEC Lic.ense Nos. F_..,33 and R.,,67"e

u. s..Nrmuc E.UERGY CO.l'.!MlSSION

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v:*r:.~,tjt*i p,-v "D:!.rec tor Division of I..1.ceneing,md Regulatlon rer3ident General Atorn.ic D1vision

, 1960

UNITED STATES

• ATOMIC ENERGY COMMISSION WASHINGTON 25, D.C.

AMENDMENT TO INDEMNITY AGREEMENT NOc B' AMENDMENT NO.

1 Effective at 12:01 A.Mo, September 6, 1961, the Indemnity Agreement No. B-9 between General Dynamics Corporation and the Atomic Energy Commission dated *APR 2 0 1962 is hereby amended as follows:

1.

Paragraph 6 of Article I is amended to read as follows:

6.

"Public liability" means any legal liability arising out of or resulting from a nuclear incident, except (1) claims under state or Federal Workmen's Compensation Acts of employees of persons indemnified who are employed (a) at the location or, if the nuclear incident occurs in the course of transportation of the radioactive material, on the transporting vehicle, and {b) in connection with*

the licenseeas possession, use or transfer of the radio-active material; (2) claims arising out of an act of war; and (3) claims for loss of, or damage to>> or loss of use of (a) property which is located at the location and used in connection with the licenseegs possession, use, or transfer of the radioactive material 9 and (b) if the nuclear incident occurs in the course of transportation of the radioactive material, the transporting vehicle, containers used in such transportation>> and the radio-active material.

2.

Paragraph 2 of Article II is amended to read as follows:

2.

In the event of any payment by the insurer or insurers under a policy or policies specified in Item 5 of the Attachment hereto which reduces the aggregate limit of such policy or policies below the amount of financial protection~ the licensee will promptly apply to his insurers for reinstate-ment of the amount specified in Item 2a of the Attachment (without reference to paragraph b of Item 2) and will make all reasonable efforts to obtain such reinstatement.

In the event that the licensee has not obtained reinstatement of such amount within ninety days after the date of such reduc-tion, and in the absence of good cause shown to the contrary~

the Commission may issue an order requiring the licensee to furnish financial protection for such amount in another form.

- 2 =

3.

Paragraph 3 of Article II is a,nende:d to read as follows:

3.

Any.obligations of the licensee under* subsection 53e(8) of the Act to indemnify the United States and the Com-mission from public liability, together with any public liability satisfied by the insurers under the policy or policies designated in the Attachment hereto, shall not in the aggregate exceed the amount of financial protection with respect to any nuclear incident~ in=

eluding the reasonable costs of investigating and settling claims and defending suits fo1r damage.

4.

The second paragraph of Paragraph 6(c) of Arti~le II is amended to read as follows:

As used in this paragraph 6~ Article 1! 8 and subparagraph 4(b), Article III, "other applicable agreements" means each other agreement entered into by the Con:mission pursuant to subsection 170c of the Act in which agreement the nuclear incident is defined as a "common occurrence'~.

As used in this paragraph 6, Ar!l:icle II, "the lO>bUgations of the licensee 11 means the obligations of the licensee under sub-section 53e(8) of the Act to indemnify the United States and the Commission from public lisbility, together with any public liability satisfied by the insurers under the policy or policies designated in the Att~chment 9 ~nd the 1reaeonable costs of investigating and settling claims and defending suits for d~ge.

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E\\mknet)m UNITED STATE~ ATOMIC ENERGY COMMISSION Ebe~ R. Pri~e ~

Assistant Director Division ol Licensing and Regu1abott Eber R. Price, Assistant Direct~r Division of Licensing and Regulation Accepted -..aJul,_...y.._6 _______ ~~~ 1962 By. /s/ Frederic de Hoffman President (General Atonuc Division, General Dynamics Corporation)

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. Effective ~t. 12;0fA.* H~, *August 7, 1961 th~ tndemriity'Agreemerit

• ... N6. 5.;.9 betwee,n G~ne:ral Dynamic:'!* Corporation arid. the Atomic.. :.

Energy Commi.ssion dat:ed April 20, 1962; as* *rur.ended, is hereby :*

• • further. am~ndecl py: dele~ing* Item *~a of the.Att~chment-to *the in-*;*..

dem.rifty agreement. hi.ita: entirety and aubstttuting *the* following therefor:.

• It~m '2a.. :A~u~t **of financ,ial :prt?tection -

.$250,000 ftqm 12:0i=.t;\\~M.,. *$eotembei 26,.1957 to *

,'_12;00 mid~iglH: May ~,, 1960, in~_iusive; $1,500,000

• from.12:01' A:~!*1~.~- ]*1.a)i(.7~ 1~60 t<>'" 1,2.:00.midriight '::,.*..

• Augtist 6,/ 1961, 'inclusive; *Stid $2~500~000 subse~**

. qu~nt:, 'tp. that dat;e ~-

• :. '. :*FoR,*THE UNITEO.-STATES ATOMiC 'ENERGY COMM.ISSION* * :*

Eclson\\G~O::Case\\': :,~\\,:. Di,rector

'Dlv.iston of_ Licensing l!nd Regulation *.

.-.. -;*1-'

UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO. 3 Effective June 17, 1964, Indemnity Agreement No. B-9 between Gfanetal l)ynatiti.cs Corporation and the Atomic Energy Commission dated April 20i 1962, as a.mended, is hereby amended as follows:

Delete Item 2b of the Attachment to the indemnity agreement in its en-tirety and substitute the following therefor:

Item 2b With respect to any nuclear incident, the amount specified in Item 2a of this Attachment shall be deemed to be (i) reduced to the extent that any payment made by the insurer or insurers under a policy or policies specified in Item 5 of this Attach-ment reduces the aggregate amount of such insurance policies below the amount specified in Item 2a and (ii) restored to the extent that, following such reduction, the aggregate amount of such insurance policies is reinstated.

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION Original Signed by Eber R. Price, Diredor Div. of State & licensee Relations Eber R. Price, Director Division of State and Licensee Relations Accepted By j/ ~.9-*-~

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e UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO. 4 Effective SEP 2 2 1964

, Indemnity Agreement No. B-9 between General Dynamics Corporation and the Atomic Energy Commission dated April 20, 1962, as amended, is hereby further amended as follows:

Delete Item 3 of the Attachment to the indemnity agreement in its en-tirety and substitute the following therefor:

Item 3 - License number or numbers CX=3 (From 12:01 A.* ~., September 26, 1957 to 12:00 P.M.

March 15, 1960,' inclusive)

R=38 (From 12:01 A.M., May 3, 1958)

R-67 (From 12:01 A.M., July 1, 1960)

R-96 (From 12:01 A.M. ~fp 2 21964 )

Add the following paragraph to Item 4 of the Attachment to the indemnity agreement:

Item 4 = Location With respect to License No. R=96:

The Critical Assembly Building (previously called the HTGR Critical Facility) at the John Jay Hopkins Labora-tory.

The Building is further depicted on Figure 2 of the "Hazards Summary Report for the Metal Assembly,"

GA=4488, August 15, 1963 and Figure 2.2 of the "Hazards Summary Report for the HTGR Critical Facility," GA-1210, February 11, 1960.

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

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/~Eber R. Price, Director f6 Division of State and Licensee Relations

e UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO. 5 Effective MAR 5 1965'

, Indemnity Agreement No. B-9 between General Dynamics Corporation and the Atomic Energy Commission dated April 20, 1962, as amended, is hereby further amended as follows:

Delete Item 3 of the Attachment to the indemnity agreement in its entirety and substitute the following therefor:

Item 3 - License number or numbers CX-3 (From 12:01 A.M., September 26, 1957 to 12:00 P.M., March 15, 1960, inclusive)

R-38 (From 12:01 A.M., May 3, 1958)

R-67 (From 12:01 A.M., July 1, 1960)

R-96 (From 12:01 A.M., September 22, 1964 to 12:00 P.M., MAR 5 1965, inclusive)

With regard to Item 4 of the Attachment to the indemnity agreement, delete the paragraph beginning, "With respect to License No. R-96,"

in its entirety.

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION 1 ~ * (fJLJQ., ~ r~~

~-Eber R. Price, Director Division of State and Licensee Relations Accepted

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, 1965 By 1.s1L a.~

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.er Huard UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO, 6 Effective 'MAY 2 5 1965, Indemnity Agreement No. B-9 between General Dynamics Corporation and the Atomic Energy Commission dated April 20, 1962, as amended, is hereby further amended as follows:

. Delete Item 3 of the Attachment to the indemnity agreement in its entirety and substitute the following therefor:

Item 3 - License number or numbers cx~3 CX-23 R-38 R-67.'

R-96 (From 12:01 A.M., September 26, 1957 to 12:00 P;M., March.15, 1960, inclusive)

(From 12:01 A.M., MAY '2 5 1965

)

(From 12:01 A.M.., May 3, 1958)

(F~om 12:0i A.M., July 1, 1960)

(From 12:01 A.M., September 22,-1964 to 12:00 P.M., March 5, 1965,.

inclusive)

Add the following paragraph to Item 4 of the.Attachment to the indemnity agreement:

Item 4 - Location With respect.. _to License No. cx;;.23:*

The Nuclear Rocket CriticaJ A~sembly Building (previously called the EBOR Cr.itical Building)

• and the Control Room in a separate buildin_g at the John Jay Hopkins tabqratory.

The*location is further depicted on Figure 2.4 of the "Tungsten Nuclear Rocket Critic.al Facility - Description and Hazards Analysis," GA-5846 Rev., February 18, 1965.

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FOR THE UNITED STATES ATOMIC ENERGY COMMISSION Is/

Original Signed iiy Eber R. Price, Director Div. of. State & licensee Re[atioas Eber R. Price, Director Division of State and Licensee Relations Accepted

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, 1965 By/r~f-'~

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jiiP ROGER HUARD e

UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO

• 7 Effective JUN 2 9 1965

, Indemnity Agreement No. B-9' between q~~,J,,,J2Y.namlcs ~or_p~ration and the Atomic Energy Corrnnission dated April 20, 1962, as amended, is hereby further amended as follows:

Delete Item 3 of the Attachment to the indemnity agreement in its entirety and substitute the following therefor:

Item 3 - License number or numbers CX-3 (From 12:01 A.M., September 26, 1957 to 12:00 P.M., March 15, 1960, inclusive)

CX-23 (From 12:01 A.M,, May 25, 1965)

R-38 (From 12:01 A.M., May 3, 1958)

R-67 (From 12:01 A.M., July 1, 1960)

R-96 (From 12:01 A.M., September 22, 1964 to 12:00 P.M., March 5, 1965, inclusive)

R-99 (From 12:01 A.M.,

JUN 2 9 1965

)

Add the following paragraph to Item 4 of the Attachment to the indemnity agreement:

Item 4 - Location With respect to License No. R-99:

The C-D experimental area in the Linac Building and the Reactor Control Room in a separate building at the John Jay Hopkins Laboratory.

The location is further depicted on Figure 1 of the "Hazards Surrnnary for the Accelerator Pulsed Fast Assembly," GA-6078, February 25, 1965.

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FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

~~igned" Eber R. er}QI Eber R. Price, Director Division of State and Licensee Relations Accepted

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, 1965 By 141,.k ~. ~

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UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 AMENDMENT NO. 8 TO INDEMNITY AGREEMENT NO, B-9 Effective January 1~ 1966 11 Indemnity*Agreement Noo B-9 11 dated April 20, 1962, as amended, is hereby further amended in its entirety an_d the following substituted therefor; This indemnity agreement B-9 is entered into by and between the General Jy;nam.ies Corporation (hereinafter referred to as the "licensee") and the United States Atomic Energy Commission (hereinafter ref-erred to as the "Commission") pursuant to subsection 170c of the Atomic Energy Act of 1954 11 as amended (hereinafter referred to as "the Act").

ARTICLE I As used in this agreement 11

1.

"Nuclear reactor," "byproduct material," "person," "source material 11 "

and "special nuclear material" shall have the meanings given them in the Atomic tnergy Act of 1954 11 as amended~ and the regulations issued by the Commission.

2.

Except where otherwise specifically provided 11 "Amount of financial protection" means the amount specified in Item 2 a and b 11 of the Attachment annexed hereto, as modified by paragraph 6 11 Article 11 11 with respect to common occurrences.

3.(a) "Nuclear incident" means any occurrence or series of occurrences at the location or in the course of transportation causing bodily injury 11 sickness, disease 11 or death, or loss of or damage to property 11 or loss of use of property 11 arising out of or resulting from the radioactive 11 toxic 11 ex=

plosive, or other hazardous properties of the radioactive materialo (b)

Any occurrence or series of occurrences causing bodily injury 11 sickness\\) disease,or death11 or loss of or damage to property\\) or loss of use of property 11 arising out of or resulting from the radioactive 11 toxic 11 ex=

plosive, or other hazardous properties of io The radioactive material discharged or dispersed from the location over a period of days 11 weeks, months or longer and also arising out of such properties of other material defined as "the radioactive material" in any other agreement or agreements entered into by the Commission under subsection 17Q,,~ or k of the Act and so discharged or dispersed from the locationll a's defined in any such other agreement 11 or

• UNITED STATES ATOMIC ENERGY COMMISSION Indemnity Agreement No. B-9 ATTACHMENT Item 1 - Licensee Address General Dynamics Corporation General Atomic Division P. 0. Box 608 San Diego, California 92112 Item 2 - a.

Amount of financial protection -

$250,000 from 12:01 A.M., September 26, 1957 to 12:00 midnight May 6, 1960, inclusive; $1,500,000 from 12:01 A.M., May 7, 1960 to 12:00 midnight August 6, 1961, inclusive; and

$2,500,000 subsequent to that date.

b. With respect to any nuclear incident, the amount spec~fied in Item 2a of this Attachment shall be deemed to be (i) reduced to the extent that any payment made by the insurer or insurers under a policy or policies specified in Item 5 of this Attachment re-duces the aggregate amount of such insurance policies below the amount specified in Item 2a and (ii) restored to the extent that, following such reduction, the aggregate amount of such insurance policies is reinstated.

Item 3 - License number or numbers vCX-3

/cx-23

~R-38 VR-67 vR-96 1./ R-99 (From 12:01 A.M., September 26, 1957 to 12:00 P.M.,

March 15, 1960, inclusive)

(From 12:01 A.M., May 25, 1965)

(From 12;pl A.M., May 3, 1958)

(From 12:01 A.M., July 1, 1960)

(From 12:01 A.M., September 22, 1964 to 12:00 P.M.

March 5, 1965, inclusive)

(From 12:01 A.M., June 29, 1965)

Item 4 - Location With respect to License No. CX-3:

.,/ The CIRGA facility buildings in the Critical Assembly Build-ings area of the John Jay Hopkins Laboratory during the period of September 26, 1957 to March 15, 1960, inclusive.

The CIRGA facility buildings are outlined in red in Figure 1 of the General Dynamics letter to the Atomic Energy Commis-sion dated January 25, 1957, which figure is included as part of this indemnity agreement.

• _/'With respect to License No. CX-23:

,,/' The Nuclear Rocket Critical Assembly Building (previously called the EBOR Critical Building) and the Control Room in a separate building at the John Jay Hopkins Laboratory.

The location is further depicted on Figure 2.4 of the "Tungsten Nuclear Rocket Critical Facility - Description and Hazards Analysis, GA-5846 Rev., February 18, 1965.

(,./With respect to License Nos. R-38 and R-67:

.,,-,The TRIGA reactor facility building at the John Jay Hopkins Laboratory. The building is further depicted on Figure 4-2 of the Thermionic Research TRIGA Reactor Description and Hazards Analysis, GA~54oo, dated July 2, 1964, which figure is included as part of this indemnity agreement.

J'With respect to License No. R-96:

/' The Critical Assembly Building (previously called the HTGR Critical Facility) at the John Jay Hopkins Laboratory.

The Building is further depicted on Figure 2 of the "Hazards Summary Report for the Metal Assembly," GA-4488 August 15, 1963 and Figure 2.2 of the "Hazards Summary Re-port for the HTGR Critical Facility," GA-1210, February llJ 1960.

V--with respect to License No. R-99:

r"The C-D experimental area in the Linac Building and the Reactor Control Room in a separate building at the John Jay Hopkins Laboratory.

The location is further depicted on Figure 1 of the "Hazards Summary for the Accelera~or Pulsed Fast Assembly," GA-6078, February 25, 1965.

The John Jay Hopkins Laboratory is located on the easterly side of U.S. Route 101 beginning at a point approximately 6,000 feet north of Miramar Road at Torrey Pines Mesa, San Diego, California.

Item 5 - Insurance Policy No.(s)

Nuclear Energy Liability Policy (Facility Form) No. NF-34 issued by Nuclear Energy Liability Insurance Association.

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• rtem*6 = The-iridenmity agreement designated above, of which*this Attach~

• ment is a part, is effective as of 12:(Dl.A.M., on the 26th day of. September, -1957 and supersedes the interim :indenmit:y agree-*

111ent *dated January* 28, -1959 between yeu and the Atomic *Energy

• '*Cammi s s ion o

. FOR THE UNITED STATES AT@MIC ENERGY C0MMISSI0N

~Eber Ro*Price,.Director Urlginal Signed 'fiy Eber R. Price, Director Dill* of State & _licensee Relations IHvision of State and *Licensee Relations

UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO. 9 JAN 141966 Effective

, Indemnity Agreement No. B~9 be*

tween General Dynamics Corporation and the Atomic Energy Conunission dated April 20~ 1962, as amended, is hereby further amended as follows:

Delete Item 3 of the Attachment to the indemnity agreement in its entirety and substitute the following therefor:

Item 3 - License number or numbers cx.. 3 cx.. 23 R-38 R.. 67 R-96 R.. 99 R-100 (From 12:01 A.M., September 26, 1957 to 12:00 P.Mo, March 15 9 1960, inclusive}.

(From 12:01 A.M., May 25, 1965)

(From 12:01 A.M., May 3, 1958)

(From 12:01 A.M., July 1, 1960)

(From 12:01 A.M., September 22, 1964 to 12:00 P.M., March 5, 1965, inclusive)

(From 12:01 A.M., June 29, 1965)

(From 12:01 A.M., JAN 1 4 1966

)

Delete from Item 4, Location, the subheading, "With respect to License Nos. R.. 38 and R-67" and substitute the following therefor:

Item 4

• Location With respect to License Nos. R-38, R-67 and R-100:

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION Original Signed by Eber R, Price, Director Div. of State & licensee Relations Eber R. Price, Director Division of State and Licensee Relations Accepte~/?

, 1966 ByjsjL. 2.~

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I UNlTED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D,C, 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO. 10 Effective FEB 1 7 1966

, Indenmi ty Agreement No. B.. 9 between General Dynamics Corporation and the Atomic Energy Cormnission dated April 20, 1962, as amended, is hereby furt~er amended as follows:

Delete Item 3 of the Attachment to the tnde~ity agreement in its entirety and substitute the following therefo~:

Item 3 - License number or numbers cx.3 cx.. 23 CX-24 R.. 38 R-67 R.. 96 R-99 R-100 (From 12:01 A.M., September 26, 1957 to 12:00 P.M., March 15, 1960, inclusive)

(From 12:01 A.M., May 25, 1965)

(From 12: 01 A.M.,

!FEB 1 7 1966

)

(From 12:01 A.M., May 3, 1958)

(From 12:01 A.M., July 1, 1960)

(From 12:01 A.M., September 22, 1964 to 12:00 P.M., March S, 1965, inclusive)

(From 12:01 A.M., June 29, 1965)

(From 12:01 A.M., January 14, 1966)

Delete from Item 4, Location, the subheading, "With respect to License Nos. R-38, R-67 and R*lOO" and substitute the following therefor:

Item 4 - Location With respect to License Nos. R-38, R-67, R-100 and CX-24:

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

( Sf Eber R. Price, Director Division of State and Ljcensee Relations

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UNITED STATES.

ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO. 11 Effective c;/r;/i(:,, Indemnity Agreement No, B-9 Corporation and the Atomic Energy Commission dated amended, is hereby further amended as follows:

between General Dynamics April 20~ 1962, as Delete Item 3 of the Attachment to the indemnity agreement in its entirety and substitute the following therefor:

Item 3 - License number or numbers CX-3 CX-23 CX-24 R-38 R-67 R-96 R-99 R-100 R-104 (From 12:01 a.m., September 26, 1957 to 12:00 p.m., March 15, 1960, inclusive)

(From 12:01 a.m., May 25, 1965)

(From 12:01 a.m., February 17, 1966)

(From 12:01 a.m., May 3, 1958)

(From 12:01 a.m., July 1, 1960)

(From 12:01 a.m., September 22, 1964 to 12:00 p.m., March 5, 1965, inclusive)

(From 12:01 a.m., June 29, 1965)

(From 12:01 a.VJ., Ja7u,afy 14, 1966)

(From 12:01 a.m., 'i' 8'/& l )

Add the following paragraph to Item 4 of the Attachment to the indemnity agreement:

Item 4 - Location With respect to License No. R-104 The HTGR Critical Facility Building at the John Jay Hopkinp Laboratory.

The Building is further*depicted on Figures 6, 7, and 8 of the "Hazards Report for Modified HTGR Critical Facility," GA-6452 (Rev. 2),

February 8, 1966.

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION Eber R. Price, Director Division of State and Licensee Relations Accepted ~4:J-1 o?rfl

, 1966 By /~/ Jt:~e/ Q. -?&1-vnwv I ;7Pif C~

UNITED S"TATES ATOMIC ENERGY COMMISSION WASHINGTON, Ll.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO. 12 Effective DEC ;i :; 1866

, Indemnity Agreement No. B-9 between General Dynamics Corporation and the Atomic Energy Commission dated April 20, 1962, as amended, is hereby further amended as follows:

Delete Item 3 of the Att~chment to the indemnity agreement in its entirety and substitute the following therefor:

Item 3

• License numbe~ or numbers CX-23 cx..;24 R-38 R-67 R-96 R*99 R-100 R*l04.

(From 12 :01 a.m., September 26, 1957 to 12:00 p.m., March 15, 1960, in<;:lusive),-

(From 12:01 a.m., May 25, 1965)

. (From 12:01 a.m., February 17, 1966

• to r;EC 3 0 1966 inclusiv~)

(From.. 12:01 a.m., May 3, 1958)

(From 12:01 a.m., July 1, 1960)

(From 12:01 a.m., September 22, 1964 to 12:00 p.m., March 5, 1965, inclusive)

(From 12:01 a.m., June 29, 1965)

• (From 12:01 a.m., January 14, 1966}

(From 12:01 a.m., September 8, 1966)

With regard to Item 4 of the Attachment to the indemnity agreement, delete "CX-24" from the paragraph beginning, "With respect to License Noso R-38, R*67, R*lOO and.CX-24:".

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION a

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er R. Price, Director

(/Division of State and Licensee Relations January 13, 1967 Accepted

{i,;f)EllAL J) '1µAMIC$ Co..e'Pt>RI/T/bAJ By

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Sam J. 'Farmer U Vice President and Counsel General Atomic Division/General Dynamics Corporation

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UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NOa B-9 AMENDMENT NOo Effective

!Yll\\R 7 *1967

, Indemnity Agreement Noa. B-9, between General Dynamics'Corporation and the Atomic Energy Commission, dated April 20, 1962, as amended, is hereby further amended as follows:

Delete1:J:tem 3 of' the Attachment to the indemnity agreement in its entirety and substitute the following therefor:

Item 3 - License number or numbers CX-3 CX-23 CX-24 R-38 R.,,67

• R-96

,t R-99 R-100 R"'104 R-105 (From 12:01 aoma, September 26, 1957 to 12:00 pom., March 15, 1960, inclusive)

(From 12:01 aomo, May 25, 1965)

(From 12:01 aomo, February 17, 1966 to December 30, 1966, inclusive)

(From 12:01 a.. mo, May 3, 1958)

(From 12 :01 a.m.,, July 1, 1960)

(From 12:01 a.mo, September 22, 1964 to 12:00 p.m., March 5, 1965, inclusive)

(From 12:01 a.m., June 29, 1965)

(From 12:01 aomo, January 14, 1966)

(From 12:01 aemo, September 8, 1966)

(From 12_t91 a.m.,,

MAR 7 l967

)

Add the following paragraph to Item 4_ of the.Attachment to the indemnity agreement:

./ -

/

Item,. 4 - Location

,/

With respect to License* Noo R-105 The C*D experimental area a.nd the fast spectrum cell in the Linac Building and the Reactor Control Room in a separate building at the John Ja;y Hopkins Laboratory.

, *.I l

UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON,,, D.C. 20545 AMENIMENT TO INDEMNITY AGREEMENT NO. B-9

.AMENDMENT NO. 14 Effective OCT 2 51967

, Indemnity.Agreement No. B-9, between General Dynamics Corporation and the Atomic Energy Commission, dated April 29, 1962, as amended, is hereby further amended as follows:

Delete Item 3 to the Attachment to the indemnity agreement in its entirety.

_:_-and substitute the following therefor:

Item 3 - License number or numbers Currently Effective Licenses CX-23 (From 12:01 a.m., May 25, 1965)

R-38 (From 12:01 a.m., May 3, 1958)

R-67 (From 12:01 a.m., July 1, 1960)

R-99 (From 12:01 a.m., June 29, 1965)

R-100 (From 12:01 a.m., January 14, 1966)

R-104 (From 12:01 a.m., September 8, 1966)

R-105 (From 12:01 a.m., March 7, 1967)

Terminated Licenses CX-3 CX-24 R-96 (From 12:01 a.m., September 26, 1957, to 12:00 Midnight, March 15, 1960, inclusive)

(From 12:01 a.m., February 17, 1966, to 12:00 Midnight, December 30, 1966, i:q.clusive)

(From 12:01 a.m., September 22, 1964, to 12:00 Midnight, lv'larch 5, 1965, inclusive)

Delete Item 4 to the Attachment to the indemnity agreement in its entirety and substitute the following therefor:

Item 4 - I.Dcation

\\

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With respect to License Nos. CX-3 and CX-23:

The Experimental Critical Facility Assembly Building (previously called the CIRGA, EBOR.

and Nuclear Rocket Critical Building) and the Control Room in a separate building at the John Jay Hopkins Laboratory.

The location is depicted and outlined in red in the attached Figure 3 and is designated as the 11Critical Facility 11 in the attached Figure 2.

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Accepted By

• Dynamics Corporation is located on a site on the easterly side of U.S. Route 101, also known as "Pacific Highway" and as "Torrey Pines Road,"

beginning north of Genessee Avenue at Torrey Pines Mesa, San Diego, California, as shown in the attached Figure 1.

FOR THE UNITED STATES ATOMIC ENERGY.. COMMISSION

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Eber R. *Price, Director Division of State and Licensee Relations October 28

, 1967 and Counsel General Dynamics Corporation

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UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545

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.AMENDMENT TO INDEMNI'rY AGREEMENT NO. B-9 AMENDMENT NO. 15 Effective October 31, 1967, Indemnity Agreement No. B-9 between General Dynamics Corporation and the Atomic Energy Commission, dated April 20, 1962, as amended, is hereby further amended by deleting the names "General Dynamics Corporation," "General Atomic," and "General Atomic Division of General Dynamics Corporation" wherever they appear in the agreement and substituting in lieu thereof the name:

"Gulf' General Atomic Incorporated" FOR THE UNITED STATES ATO~ic ENERGY COMMISSION

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Eber R. Price, Director Division of State and Licensee Relations Accepted November 16 orpic Incorporated By ---,Hfa,<6tll<L---H--'-' __,+~~~~~=='--=-----:-----

S armer, Vice President and Counsel Accepted Gulf Oil By And November 20

e UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 AMENDMENT N0.16 TO INDEMNITY AGREEMENT NO. B-Q Effective POV 3 0 196@

, Indemnity Agreement No. B-9, dated*

AprlJ. E:O_. 1962

, as amended, is hereby further amended in its entirety, and the following substituted therefor; This Indemnity Agreement B-9 is entered into by and between the Gulf Gmler-al iI.tomic !nooreorated.

(hereinafter referred to as the "licensee") and the United States Atomic Energy Commission (hereinafter referred to as the*""Commission") pursuant to subsection 170c of the Atomic Energy Act of 1954*," as

• amended (herein-after referred to as "the Act")

• ARTICLE I As used in this agreement:

1.

"Nuclear reactor,"* "byproduct material," "person;" "sourcEf material," and "special nuclear material" shall have the meanings given them in the Atomic Energy Act df 1954, as amended; and-the regulations issued by the Commission.

2.

Except where otherwise specifically provided, II amount of. finan-cial protection" means the amount specified in Item 2a and b, of the Attachment annexed hereto, as modified by paragraph 8, Article II, with respect to common occurrences. *

3. (a)

"Nuclear incident" means any occurrence, including an extra-ordinary nuclear occurrence, or*series of occurrences*at the:1oca.tion or in the course of transportation causing bodily injury, sickness, disease, or death, or loss* of or damage to property,or loss of use

• of property, arising out of or resulting from the radioactive, toxic,

• explosive, or other hazardous properties of the radioactive material.

(b)

Any occurrence, including an extraordinary nuclear occurrence, or series of occurrences causing bodily injury, sickness, disease or death, or loss of or damage to property, or loss of use of property, B

• arising out of or resulting from the radioactive., toxic, explosive, or other hazardoua properties of

1.

The radioactive material diacharged.or dispersed from the location over a period ot da-Y'*, weeks., months or longer, and also arising out ot auch properties-of other material

• defined as "the radioactive material" in &J:11' other agreement..

or agreements entered into by the Commission under subsection 170c or k of the Act and so diacharged or dispersed from 1ithe location as* defined in any such other agreement, or

11. The raclioacti ve material in the course of transportation

• and also arising out of, such-' properties of other material defined in UJY' other agreement entered into by the Commission.,

• pursuant to subsection 170c or k of the Act as *"the radio-

. active material. and which is in the course of transportation*

shall be deemed to be a common occurrence. A common occurrence shall*

be deemed to conatitute a single nuclear incident.

4.

"Extraordinary nuclear occurrence" means an event which the

, Commiaaion has determined to be an extraordinary nuclear occur-rence as_detined in the Atomic Energy Act of 1954, as amended.

5.

"In the course of transportation 11 means in the course of trans-portation within the United States., including handling or temporary storage incidental thereto., of the radioactive material to the loca-tion or from the location provided that:

(a)

With respect to transportation of tb.e radioactive mater-ial to the location, such transportation is not by predete:rmination to-be interrupted by the removal of the material from the transporting conveyance for any purpose other than the continuation of such trans-portation to the,location or temporary storage incidental thereto; (b)

, The transportation of the radioactive material from. the loca-tion shall be deemed to end when the radioactive material is removed

.* from the transporting conveyance for any purpose other than the con-tinuance of transportation or temporary storage incidental thereto; (c)

In the course of transportation as used in this agreement.

shall not include transportation of the radioactive materie.l to the

/

B

. arising out of or resulting from the radioactive., toxic, explosive,

.or other hazardoua properties of

1. 'The radioactive material diacharged or dispersed from t.he location over a period ot days., weeks., months or longer, and aleo arising out ot 1uch properties -of other material defined as "the radioactive material" in uiy other agreement.

or asreeaents entered into by the CQIIIDission under subsection 170c or k of the Act and so diacharged or diaperse4 from vithe.

• location" as* defined 1n any such other agreement, or ii. The radioactive material in the course of transportation

• and also arising out of such7 propert1es ot other material

~etined in *BDY other agreement entered into by the Commission.

pursuant to subsection 170c or k of the Act as llthe radio-active material" and which. is in the course of transportation' shall be deemed to be a common occurrence. A common occurrence shall be deemed to constitute a single*nuclear incident.

4.

"Extraordinary nuclear occurrence" means an event which the

. Commission has dete~ined to be an extraordinary nuclear occur-rence as defined in the Atomic Energy Act of 1954, as amendedo

5.

"In the course of transportationi 1 meana in the course of trans-portatton vi thin the United* States j including handling or temporary storage incidental thereto 3 of the radioactive material to the loca-tion or.from the location provided that:

(a). With respect to transportation of the radioactive mater'1al to the locatio~, such transportation is not by predetermination to be interrupted by the removal of the material from the transporting conveyance for any purpose other than the continuation of such trans-portation to the location or temporary storage incidental thereto;*

(b)

,* The transportation of the radioactive material from t

P,e loca-tion shall be deemed to end when the radioactive material is removed

• from the transporting conveyance *for any purpose other than the** con-tinuance of transportation or temporary storage incidental thereto;

( c)

'*'In the

• course of transportation 1

' as used. in this** agreement shall DQt include transportation of the radioactive material to the

e

- 3 ~

location if' the material. iS. alSO II in the. COurSe Of tr&nsp~rtatiO~~.....

II 11 1'z:om arry other location as.defined in ~

other agreement entered.:

• into by the Commission pursuant to subsectioai 170c or k of' the Act:.'.

6.. "Person indemnified" means the licensee and arry other pers~n who iila,y' be liable for public liability.

7.

"Public liability" means~ legal liability arising out.of o; resulting trom a.nuclear incident, except (1) claims.under Bta'.te*. or. ;

J'edera.l Workmen's Compensation Acta of employees of* persona indemni-,.,

fied who are employed (a) at the location or, if the nuclear incident.

oc~urs in the course of transportation of the radioactive material,

' on the transporting vehicle, and (b) in connection with the. licenseel,s possession, use or transfer of the radioactive material; (2) claims. ::

. arising out of an act of war; and (3) claims for loss of, or damage..

• to, or loss of use of (a) property which i1f located at* the.,location ;

an~ used 1n connection with the licensee' a possession, use, or* trans.,;,

,fer of the radioactiye 1111.terial, and (b) if the nuclear.incident,.

occurs 1n the course of transportation of the radioactive material, -.,

• the transporting vehicle,. containers used in such transportation,*

and the radioactive material.

8.

"The location". means the location ciescribed in Item 4 of the Attachment hereto.

9. * * "The radioactive material" means s~ce, special nuciear,, and byproduct material which (1). is used or to, be used in, or is ir-. **.

radiated or to be irradi,,.ted by, the nucle11r reactor or reactors* -; * -

subject to the license or licenses desi~ed in the Attachment __ *_.,*

hereto, or (2) which is produced as the result. of operation of* said; reactor(s).

10.

"United States" when used in a geographical *sense includes all Territories and possessions of the United States, the Ca.Dal Zone.. and *

,Puerto Rico.

ARTICLE II

1.

At all times during the term of the license or licenses desig-,

nated in Item 3 of the Attachment hereto, the licensee will maintain, '*

financial protection in the amount specified in Item 2 of the Attach-ment and 1n the form of the nuclear enera liability insurance policy B

e designated in the Attacbmento If.more than one license is designated in Item 3 of the Attachment, the licensee agrees to maintain such financial protection \\Ultil the end'of the term of that license which will be the last to expireo The'licensee shall, notwithstanding the expiration, termination, modification, amendment, suspension or revo-cation of any license or licenses designated in Item 3 *of the Atta.chm ment, maintain such financial. protection in effect until ~11 the radio-active materi&l has been removed from the location and transportation of the radioactive material from the location has ended as defined in subparagraph 5(b), Article I, or until the Commission authorizes the termination or the modification of such financial protection. The Commission will not unreasonably withhold such authorization.

2., In the event of aey payment by the insurer or insurers under a policy or policies specified in Item 5 of the Attachment hereto which reduces the aggregate limit of such policy or policies below the amount of financial protection, the license.e will promptly apply to his insurers for reinstatement of,the amount specified in Item 2a of the Attachment (without reference to* paragraph b of Item 2) and will make all reasonable efforts to obtain such reinstatement. In the event that the licensee has not obtained reinstatement of such aD10unt within ninety days a~er the date of such reduction, and in the absence of good cause shown to the*

contrary, the Commission ms;y issue an order requiring the licensee to furnish financial protection for such amount in another form.

__)

3.

A'n:3" obligations of the licensee under subsection 53e{8) of the Act to indemnify the United States and the Commission from public liability, together with e:ny public liability satisfied by the in-surers under the policy or policies designated in the Attachment hereto, shall not in the aggregate exceed the $l!l!Ount of financial protection with respect to a;ny-nuclear incident, including the reason-*

able costs of investigating and settling claims and defending suits

• for damage.

4 *.

With respect to any extra.ordinary nuclear occurrence to which this agreement applies, the Commission, and the licensee on behalf of itself and other persons indemnified, insofar as their interests appear, each agree to waive (a) arzy issue or defense as to the conduct of the claimant or fault of persons indemnified, including, but not limited to

~-,

l

\\ designated.in the *Attacblllento If.more than one license is designated in Item 3 of the Attachment, the licensee agrees to maintain such:

financial. protection. until the.end*of tbe term Of that 11.cense'Vhich will )e the last to expireo The'license~ shall, notwithstanding the' expiration, termination, modification, amendment, suspension or revo-cation of*any license or licenses designated in Item 3.of the *ttach-ment, maintain sucb:financial protection in effect until all the radio-active material has been removed from the location and transport*tion of the* *radioactive material. from the location has ended as defined in subparagraph 5(b), *.Art1cle I, or unt.il.the Commission authorizes the terinination.or the mo<iif'ication of* such financial protectiono. The Commission willn.ot unreasonably withhold such authorization.

2*~. :. In the eve~t. of any.. payment by the. i,nsur~r *or insurers under a pol~cy, or policies* specified in Item 5 of the Attachment'hereto which redu~es the aggregate limit of such policy or policies below :the amount o:t:.fiDalO.cial protection., the

• license,e will promptly apply to his ins~ers for reinstatement-of the amount specified in Item 2a of the Attachment (without reference.to paragraph b of Item 2) and will Diake all reasonable efforts to obtain such reinstatement. In the event that the licensee-has not obtained reinstatement of such.amount within-ninety days after the date of such reduction, E1,Ild in the absence of good cause shown to the*

contrary, the Commission *may issue an order requiring the licensee to fu.rnish.financia.l'protection fo:r such,amount *1n another form.

~

3.

Aey obiigations of the li.censee under su.b~ection 53e{8) of the Act to indemnify' tbe United States arid the* Commission from_public liability., together with* ex,,y public liability satisfied bythe.in-surer_s under* the policy. or policies d~sigriated in tile* Attachment

. hereto, ' shall not in. the aggregate exceed the u.owit of financial-protection with* respect t~. a:ny nuclear incident, including the reason-*

able costs of investig~ting and settling claims and. defendi~ suits.*

for daJDB.ge *

. 4.,., With respect to. any extraordinary nuclear. occurrence to which this agreement applies, the Commission, and the licensee on behalf of.itself and other persons indellUlified,*insofar e.s their intere1:1ts appear, each agree to waive (a)

C a.ily' issue or*defense as to the conduct of the claimant or fault. of persons indemnif-ied 3 including, but not limited to

a

e

• (1) negligence;

. '( 2 )

contributory negl'igence;

• 1: (_,*. *:

'.':: ;. (3l :. a:ssumption of the risk;

,?,._'

.~} :_': )r,!

.. \\'.:(*./ ':*':*: '('4 )*:.* un'fi,reseeable intervening 'causes, whether involving the conduct of a third person or an act of God.*

As used>:hereih~ "conduct of the claimant includes. conduct of perso~s through whom the claimant*derives his cause of action;**

(b) <'any l'ssue or defense as to charitable or gci~ernmen~al; 1mmunitY; :.:.; *.,,

• P(;- /,? '.*, *.,~:.\\:.~ft-,':-

'('c*}

*any ';(ssue or defense based on any statute Of limitations i:f suit ilF :i.ii~tituted within three years from the date on whiCh the clainia.nt *:*rfrst'* knew~ or reasonably could have known; of hi's injury or damage and the cause thereof, but in no event more than ten years a~er the)dateof 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':'.:t-ela.tingito'.an element in the cause of actioil. 'The wafi.re~s*'shall'.'

.,.jbe';Jiidiciially; enforceable in accordance with theif te'rnis bl the. claimant agains1:/:the ** person indemnified.

,r:* :*l, ~

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-, :*:..,,7*,

5.i*

• menwa.bers set forth in para.graph 4 of this Article:

(a) shall not preclude a defense based upon a failure to take reasonable steps to mitigate damages; (b )"} 1sfia.ll. not* apply to injury or damage to a claimant Or' to a clafmant 's *-.property which is intentionally sustafned by the' clairna:nt or whfch:>resuit-s from a nuclear incident intentionally arid. wrongfully caused ':by**'the claimant; (6'),;,sha:11 not* apply to injury to a claimant, who is employed* at* **

the*>eite o:f* and in connection with'the activi'ty where the extra-,

ordinary* riticl:ear occurrence takes place* if benefits therefor are*

eftlief**payable' or required to be provided* under any workmen is com-perisa:t*fori *'0r o*ccupational disease. law; B

(d) shall not apply to 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 ~xceed the maximum amount oth~rw.ise recover-able under such law; *

(e) shall be effective only with respect to those obligationEJ set :forth in this agreement;

( f) sha:i1 not _app,ly to, or prejudice. the prosecution or defense:

of, any claim or portion of claim which is not within the protection afforded under (1) the limit of liability provisions under subsection 170e of the Atomic Energy Act of 1954, as amended, and (2) ~h~ te~s of this agreement and the terms of t.he nuclear energy liability insure.lice policy or._policies designated in the attachment.beret~.'.*. _*

6.

• The obligations only with respect to tllis agreement *..

of the licensee under this agreement shall. apply nuclear incidents occurring during the term.of"

7.

. Upon t't}e expiration or revocation of any license des:i.gna:t~c{\\n.,.,

Item 3 of th¢ Attachment, the Commission will enter into an :apprqprt~te amendment of this agreement with the licensee reducing. the ainoun~):>.t\\.

financial protection required under this Article; provided; that'the..

licensee is then entitled to a reduction in the amount of finapcial.,

protection urider_applicable Commission regulations and *orders.

8.

With respe~t to any common occurrence:

(a) If the sum of the limit of liability of any Nucl~ar Ene.rgy",

Liability. Insurance Association policy designated i.n Item.-5 of tl1.~... -..,

Attachment and the limits. of liability of all other nucieS:r energy,***>.~

liability insurance policies (facility form) applicable to sucli,: :. ;;~.

common occurrence and. issued by Nuclear Energy Liability. Insurance.....

Association exceeds $57,350,000, the amount of financial protection specified in Item 2a. and b.of the Attachment shail be deemed to be'.

reduced by that proportion of the difference between sa_id. sum and_ :-.'. :.

$57,350,000 as the limit of liability of the Nuclear Energy Liab~};1tY:

Insurance Association policy designated *in Item 5 of th~ Attac:q.mex:it... :*

B (d).shall not apply to any claim for punitive or e_xemplary damag~s, provided~ with respect to.flny 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 claima;r:rt, has sustained actual damages~ measured by the pecuniary:injw-ieeresulting froID. such death but not to exceed the maximum ~ount otherwise recover-able under such_ law*'.

(e)

_shall be effective Only W.itl':l respect to those ob~J.gatiO~l?,

set f'orth in this a~eemE!nt;.

i

'(f) sha],.1. i:lot apply. to'. or prejudice. the PI'O!=lecution, or deJ'ense\\.'

of, 'any' cialm or portlori of claim whic_h is not. within 'tile. protect:i.op afforded under (1) the limit Of liability provts.ions u~der sO.bsectfon 17oe*of the ~tqmic Energy Act of 1954, _as amended, and(?) ~ll~ terms.

of this agr.ee~nt Eµid the terms of the.nuclear,energy lia.b:l.f:i.ty'

~:. '.' ;.

insur~Iice *policy or* polic;:i:es designated* in the' attachment, heretp.. ;,: *,.::*.

, 6'." : Th~ oblig~tions of t~e l~cens*ee _*urid:er th:is agree~nt :' sha11*i;*a~iy only w1th r.espect to nuclear incidents_- occurring_ during the term or**

this agr~~me_nt.:;.,.,..

.. _,_ '.:**,, ':!u.,*

~..

',*.. - ~-: -'

. 1.* *: Upcip_ tAe ~xpiration or* revocation *or any.' license _cies1g~t~i{}n::.-_:

,,J:tem } of thf Att_a~nt, the Commission will e*fr~e~ trito..,ari',. a~pfqpr!~te

.. anieridment Of this *agreement with t_he 1:i.c¢nsee reduc:l,pg.~.t:p:e a#ol#if;'gf::,

• f'1nancial protection required under this Ar.ticle; provided;* 'tna*F'the.

licensee is t~en e;ntitled to a reduction in :the. amoun~ 9t" ~i,nan<::tal

. protection under**applicable Commission regulations and *orders= -

8.

With respect to 8.11Y COJI)lllOn ocqurrence:

(a) If the swn of the litnit of* liabi,iity of aey Nuc,l~ar.:En;e.rgy.n Liability. Insurallce Association policy designa:ted in :tt~m: 5*,of.Jije;:., ;'.-,

Attachment. and. the li.niits of liability. of all

• other nucie~r eriergy,'*.. :.

lia~ility in~~ance*policies (fac.ility form) appl.icablt(:tc;, *su~'ii::->:;,:;,.;;,:.:

commori occurrence and. issued by Nuciear* Energy Liability. :trisu:rarice...

Association exceeds $57,350,0QO,* the amoun~. of financial protection

• specitied Jn Item,~a* and. b of 'the Attachment,shall be deemed ~,o l:).e '.,:.

reduced by that proportion of the difference between said.,s,um.~no :, <"*,

$.5.7,35Q~~* a$ the 11mit of liability of the Nuclea;r 'Ene~~-_Lt,abfJ;~Y.:

Insurance Association policy designated *_in Item. 5 of thE! ~t:t~¢;h.m,~n.t.....-,

~

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e bears to the sum of the.limits of liability of all nuclear energy liability insurance policies (facil:i:ty form) applicable to such

• COIIIJlOD occurrence and 1BBued by Nuclear Energy Liability Insure.nee Association; (b)

If the sum ot the limit of liability of any Mutual Atomic EI,.ergy Liability Underwriters,policy-designated in Item. 5 of the***.

Attachment and the l1mi ts of liability of* all other nuclear energy

• li_ability insurance policies (facility form) applicable to* such *.

• common occurrence and issued by Mutual Atomic Energy Liability.

Underwriters exceeds $16,650,000, the amount of financial protection specified in Item 2a and b of the Attacbment shall be deemed to be reduced by that proportion of the difference between said sum and

$16,650,000 as the limit of liability of the Mutual.Atomic Energy

• Lia.bility Underwriters policy designated in,Item 5 of the Attachment bee.rs to the sum of the. limits of liability of' all nuclear energy liability insurance policies (facility form) applicable to such

• common occurrence and issued by Mutual Atomic Energy Liability Underwriters;

- (c)

If ~

of the other applicable agreements is with a person.

who has furnished financial protection in a form other than a nuclear energy liability insurance policy (facility form) issued by.Buciear Energy Liability Insur&J;1ce Association or Mutual Atomic Energy Liability Underwriters, and if also the sum of the amount of finan-cial protection established under this agreement and the amounts bf financial protection established under all other applicable agreements exceeds $74,000,000, the obligations of the licensee*shail. not ~xceed a greater proportion of $74,000,000 than the amount of*financial pro=

tection established under this agreement bears to the sum of such amount and the amounts of financial protection established under all other applicable agreementso (d)

As used *in this paragraph 8, Article II, and in Article III, "other; applicable agreements" means each.other agreement entered into by the Commission pursuant. to subsection 170c of the Act in which 11

,. ii agreement the nuclear incident is defined as a common occurrence.

As used in this paragraph 8,,Article :II, the obligations of *the licensee" means the obligations of the licensee under subsection 53e(8) of the Act to indemnity the United States and the Commission from public liability, together with an;y public liability satisfied B

e.

- 8 by,the insurers under the policy or policies designated in the Attachment, and the reasonable costs of investigating and settling claims and defending suits for damage.

9.

The obligations of the licensee under this Article shall not be affected by any failure or default on the part of the Commission or the Government of the United States to fulfill any or all of its obligations under this agreement.

Bankruptcy or insolvency of any person indemnified other than the licensee, or the estate of ~ny

\\ person indemnified othel'.. thal). the licensee, shall not relieve the

• licensee of any of his obligations hereunder.

ARTICLE III

1.

The Commission undertakes and agrees to indemnify and hold harm-

-less the licensee and other persons indemnified, as their interest may appear, from public liability.

2.

With respect to damage caused by a nuclear incident to property of any person legally liable for the nuclear incident, the Commission agrees to pay to_. such person those sums which such person would have been obligated to pay if such property had belonged to another; pro~

• vided, that the obligation of the Commission under this paragraph 2 does not apply with respect to:

(a) Proper~y which is located at the location described in Item 4.

of* the Attachment or at the location described in Item 3 of the *

. declarations attached to any nuclear energy liability insurance policy

• designated in Item 5 of the Attachment; (b) Property damage due to the neglect of the person indemnified to use all reasonable means to save and preserve the property af'ter knowledge of a nuclear incident;

(~) If the nuclear incident occurs in the course of transportation of the radioactive material, the transporting vehicle and containers used in such transportation; (d) The radioactive material.

B

I. ** by,tbe

• insurers* urider the policy or pc;>licies designated in the Attachment*,* ~rid the reasonable -cps ts of. inv:estigating and settling claims.aiid:.defe:µdln.g suits for dalll8.ge.

9.

The obligations of the licensee under this Article. shall not *be affec1;ed by any failure or default on the part of the Comm1ssioh or

. the Government of ;the United States t9.f\\llf111

• any* or a:Ll of its*

obligat:i,ons under this agreement *. *.. Bankruptcy* or. insolvency of' any person inq.emrµ.fied.other tha:n the lice~see, *or.the *estate of :a,ny,

\\ person indemnified othei: thal). the licensee'.shall not relieve 'the

• 1icensee of* any of his obligations hereuri~er.

ARTIC~.III

1.

The Commission ~dertakes ~d agrees to inderim:Uy ~nd hold.harm-less the lice~see and ot,her persons' irtdemnifled, as their interest

• may appea.r~ from *public *liability. *

~ *.

With. respect to. damage cauE?~d. by a* nuclear :J.ncident to ptop~:rty of any persori ],ege.lly liable for. the nuclear incident.~ the Comnilssion *

~ees td' pay to-such person' those swns wh.ich such' person would have been obligated to.pEJ.Y'if such:property had belonged to another;pro-vided, that the ol>.ligc!-tion of the Commissiqn under this parag:raph. 2.

does riot:ap:ply with *res1,>~ct to:*

(aJ Property llhich ls loc~ted at the location desctibed i.n !~em 4 of :the Ait.a.chinent or at the location.flescribed in Item 3 of the * *

• . declarations a.ttacheid to any nuclea:r energy liability insurance policy designated in !1.";em 5 of the. Attachment;

'. (b) - Property d~ge dtle to the neglect of the 'person indemnifieq to use ail reasonable.means to save arid preserve the property at'ter:

. knowledge of a' nuclear incident;.,

. (cJ If the. nuclear incident occurs -in the: cc:iurse o:f transport*ation of the radioactive material, the transporting vehicle arid containers used in such' transportation; (d)' The radioactive material.

. 3.

The Commission agrees to ** indemnify and hold harmless the licensee, and other persons indemnified as their interest may appear, from the reasonable costs of' investigating, _settling and* 'defend1ng claims tor*

,-~blic liability.

. 4~{a),

The obligations of the Commi~sion under this agreement shall

.apply oru.y with respect to such publtc liability, su'* damage to:.

property o:f persons legally liable for the. nucl~ar. incident : ( other

• • , than such *property described in.the proviso,:to paragraph 2

• of*this *

. ; : ~icl~),. and such reasonable. costs de~cribed in paragraph 3: Qf t~s

• ~i~::Le.~s ixi the aggregate exceed:the flDlOUilt.of. ~i~~;L,u pr;.ote~tion.

,. (b).

With respect to a common occurrence, the oblige.;tions o.f the Commission.under.this agreement shall apply oD.l,y with respeQt to.such

. public.liabi.li ty,. such damage to property of persons l,egs,lly lia~le

.. *.. *for the nu.clear incident (other than such propel'."ty descriped_ in.the proviso ~o paragraph 2 of.~his Article),~ to, such reasonable costs described in-paragraph 3 of this Article, as in the.aggregate.exceed whichever of the following is lower:

(1) The sum of the amounts of financial protectio~ established under this agreement and. all.other

• • applic,bie agreements; or (2) $74;poo,900. * *,::.

5.

The obligations of the Commission under this agreement shail. apply only with respect to nuclear incidents occurring during the term of this agreement.

6 *.*. The obligations of the Commission under>this a:nd: all other.

'..,agreements and contracts t9 which the Commission.is a.party shall

.. not, with respect to' any nuclear incident, i:n the aggregate ~xc;ee~'

whichever of the following is the lowest:

(a) $500,000,000; *

(b) $560,000,000 less the amount of ;financial protection required under this agreement; or (c) w*ith respect to a common occurrence*,

.;.. $560,000,000.less.the sµm ~f' :the amounts. o:f' fina~cial pJ:>ot~c1.ipn, establi~hed under this agreement and all other applicable agr~ements *.

7.

The obligations of the Commission under this agreement, except to the licensee for damage to property of the licensee, shall not be affected by any failure on th~ p~t of the licen.se~*-,~o. f'ulf'.111 its

• .obligations under this agreement.

Bankruptcy ~r~,insolvency of the licens.ee or any

• other person indemnified. or, of the ~state of the.. *

• .. licensee or any other person indemnified. shall.. not rel;l.eve. the.

.. _:; Commission.of any.of it_s obligations hereunder, B

10 ARTICLE.IV

1.

When the Commission-determines that the United States will-probabl,y be required to make indemnity payments under the provisions of' this*agreement, the Commission shall have the right to collaborate with the *licensee and other persons*indemnified in the settlement and defense of any*claim and shall have the right (a) to require the prior approval of the' Commission-for'the settlement or payment of an,y*claim

• or action asserted against the licensee or other person indeJDDi,fied

-for public* liability or damage to property of persons legally liable for the nuclear incident-which claim or action the licensee or the Commission may be required to indemnify under this agreement,; and

{b} to appear through-the Attorney-General of the United States on behalf of th"e 11*censee or other person: indemnifiedJI take charge of such* action -and settle or defend any such a~tiono _ If' the settlement or defense of -a.n:,-'_ such action or cl:a,illl is undertaken by the Commission-JI the licensee shall furnish all reasons.ble'aseistance in effecting.a settlement or asserting a defenseo 2*.

Neither this* agreement nor _a:t:lY* interest therein nor claim there-under~ be assigned or transferred without the approval of the Commissiona ARTICLE V -

The parties agree that they will enter into appropriate amendments of this agreement to the extent that sU:ch amendments are required pursuant to the Atollic EDera'Act of 1954, as aiiendedJI or licensee~ regulations or orders of the ColllllisaiOllo ARTICLE VI_

The _licensee ~es to pay_ to the Commission such fees as are established by the'Collllilission pursuant to regulations or orders of the Commission.

ARTICLE VII The term of this agreement shall commence as of the date and time specified in Item 6 of the Attachment and shali terminate at the time of expiration of that license specified in Item 3 of the Attachment, which is the last to expire; provided thatJI except as ma.y otherwise be provided in applicable regulations or orders of the Commission, the* term of this a1greement shall not termin&te until all the radioactive material has been removed from the location and transportation of the radioactive.material from the location has ended as defined 1n subparagraph 5(b} JI Article Io Termination of the term of this agreement shall not affect any obligation of the licensee or 8JfJY obligation of the Commission under this agreement with respect to &'ll,Y" nuclear incident occurring~-.µ-~ the te~ of this agreement.

B

/

(

(

_.;., 10 -

. AftWICJ:.E: "IV

l...

When.the(Cc,mmi*sion*detel"Qlines that the United Stat-es will*-

- probaoi, 'be -r~quired to ~* i:n~emni ty payments under' th~ provisions of this agree~nt, the. -CoDllllission shall,. have tne rigl:lt to 9ollaborate witb the -licensee an.ci other pers6rirf itidemnif':led _in the settlement am

• defeJi~e-of. ~- claiil*:and, shall have.~he i;igq.t (a) to- *requj.re thEf prior

. appJ:".9Val. :of:i* the; Commi;ssion *tor' the Jsettlement* or pay:men"t; of-: any' chim

• or action*: as-ferted* as*inst the licensee* or other person indemnified

' -,, for public*.liabiliti or,damage to *pro~rty of,'. per.sons' legall:y liable

... for *-the* lllU.cieQ> iilcideilt* which ciain{or acitiQif tbe licensee QI" the

. Commission may be 'required. to indemni.1¥ Wilder.* this a~eement.9 ' ~--- -

(b) "to appear >throug)i, the :_Attdl'lli~y: GeiD.$ral of the -United States-on

-behalf ot'the_ii'ceilsee. <>it :other.person:'i~e-ifiedj' -.~alte charge* of

,su.~b*: e.~~1011 :and* se-t;tle or defend- -.a.Di _sµcµi *action... If the sett1ement

. or defense of* s;ey*; B'llch: &~ti.on, O:;' cla:lill.ts.. ~ert.aken by. the _ Coillmission:,

-: tJ:ie licenseer she.U _ ~sh : all reasoDii.ble-' ~1Ssist(t.iice in ette~ting: a

,*settlement'.or asserting a defenseo '

~.

2.:*. *.- Be~~h~u* 'this* agreenient nor _arq.. interest* there~ nor.. c;:laim t~ere..

-UD&ier **-be assipe~ or transferred_ wi,thout thE;! approva.l of the'.'

-Commission..

AmCLE.V::,*

'fhe' 'parties agree that they will enter into appropriate amendments; *or-this

~eaelit**to,*~he e.xt*nt that*aU:t::h ameridments ~

req¢red,*pv.s~t-to the.

Atoaic Energy 7 Act of 1954:, as aieaded,, /c,r liceDSee ~ rf!gw.at'ioils

• pr *ord:ers c>1

'"1e Collldsaiom_ o

• ~ICLE VI.-

The lieeasee agrites to prj_ to the C::o.issibn' such fees_ aij are esi.ab,lished by the Comiilission pursuant -to re~"t;~oris. or order~ _* of. the Co~iss'ion.~

ARTICLE VII'

. ~. *.' :.

!L'he. term.- of this agreement. shall' COimllenCe as of the date and ~line spec.ified in Item. 6 of the.Attacblllent 8Jld shali terminate_ at the time of expiration o1 that lic.e~e -specif'1ed

• in l-tem J of th~ Attachment,- -whj,ch is the last to exj; provided that,.*-except as JDaY otherwise be provided in_ applicable regulations or orders of the COllllllission, _the--*term of this eigreenieni shall not '.terminate util all the radioactive material has been removed from the location and tre.nsportation Qf the radioactive.material from the loce.tion bas ended as defined in subparagraph 5(b), *Article Io.. Termination of the term of this agre~ent slla].l. not ~ffect any ~b1igation of the licensee or any obligation of the Cc;mmlission wider th!s agreement with respect to~ nucle~ illlcident ocQUITing ~~pas the term, o.f this agreemen~.

• e

... ll...

tl!mmD $~.ATES.A1:\\W.I.C R.~~y CCMM!BSIOli AWJ:AC1~~£ Item 1.. Licenaee.

Mdrefils lrr.ilemnity ~~nt zfo., ;e... 9 Gulf.. Genernl Atomic lr1eo:i."Pora:ted P.o~ llo:i 6&3

&,-,.u :Uiego., Cs.11forn1a ~ll.2.

Item 2... Amount of f.tv.anc:t.e.l r,rote~tion

a. ~) 2:>0,000

$l 500 000

~

~*:.,. ~

• • \\t"\\,"l, -

~,,;vv;vvv (From 12:01 a.n.1-, s~;:;;~e:r a6, l.957., to 12:00 midnight,- May 6, 19601 :inclu.t;ivc)

(From la:Ol e... m...1 ~

1, 1900, to 12:00 ~rU.gnt,. Ausu,st 6, 1%.l, inolueiv~)

(Sub~equent to tbftt d&te)

b. With ~ct to any F.uele~~ :tucidont,, th.f: amount ~ci:ti~d in Ittm 2a of tnio ttttacrur~nt e;hal.l t~ dee~ to be (i) redueed to th~ e~nt that any :p~ffient m,.t;td.e 111 the inauxer or ii~e;l:'s u.tid~r a polioy or poUcle$ epecified in lt~ 5 t>.f thi~.r\\tta~tl't :reduo.(;¥J thfi ~ggrege,~ aoo:i.m:t. of t.:-1.lcll iOOtU"*"le :peUcl~s below the ~um speci.fie<l.in I~ 2a ezii (ii) ~m;ored tr.:i th~ ($xtent th.at, tollow:tng stt{'J:.1 rc--duct,:ion., th~ ~~ge.te ~it of BUch inmll'$1ee polici~ 115

reinsta:ta\\.

0ltem 3,,. License nnmbe~ OX' nwbera 9p;rrep~~.}i;~!,ye.!4~f:.!pt.§!.tt cx~~-3 (frcr11.12:01 a.m., M~ 25, ~~$)_

a-Jt) (From 12:01 ~Mt., May 3, l:J;;;il;))

n..67 (From 12:01 a... ~.~ July l.1 :l96())

i::,M-1-:-f".---~*69 (Fi-om 12:0l a.* trh,, June 251,. l96!i),,,._.

i:t... 100 (lfl'Om 12:01 a.m. ~ Ja.n'/Jn:t'Y 1ti,, l9b6)

}l... lolr, (li"i*cm 12:0l lhl:u*, aepterebex et 1966)

},t.;.105 (fc'r@ 12:0l a.. ft_t,., ~;rch *r ~ 19t:i1)

- l2 -

(FrtJ,m 12:t:)l a.m.' Septemb0.r e,S, 195*r, t;o 12;00 mi.drdgnt.J !~:::i,:ti;,h l;(; l$GO, it1clw1:tv~)

(lh.*(;~ 12:01 a.m., Thbruu;y l'f, 1$16!1) to 12;00 midni&it, Decembe:r 30, 1966;; ;i,nclusi:ve)

(From 12:01 a,.m., Septet:ii.'iti.t~ 22J> 1~61}, to 12:00 widniijht, ~.vJ.*ch 5.,. 1965, 1nc11wive)

With xe~~ct to Liceru;e m,s. CX*3 and cx.. 2J:

!.'he ~~ertmental Critical F~c1lity AsHH'J.:ily Bu.tlding

( proviou~ly called the C!&GA, P:BOE e.n1~ lililC).ENlr Rocr""'t, C-rttical ~i1UU.ng) and the Contr::il Room.iJJ a at);)a:rntl!i bu1Jr,:u:x1g at the John.Jay I!opid.ne wt"Orl:'!.t.oxy.

Tl.ie locatton is de:picted and ou:tl:l.ned in red :l!i tJ1e attached Fi¢,"lU'e 3 m1d is,tesi~oat~d as the 11Crit:tw,1l Fae111ty" :l..n tr~~ o:t'tR.ched iiga~~ 2.

With.re.rspeet to Licence Nos. n... 3fJ., n-6y{,. ;a,,..100 tmc1 ID:... 24:

Tilt>> TID:GA reactor f'aeility 'build.ini at th.a::.John Jay lli>pltins. r~ibor&t.ory.,

'l7.he location is deyi.cted and <:u.tli.nt';d in ~1 in the attached Figure lt. anrl is designated %l1:ii the l*mo4u in tile ~t.tached Jrig1.u:-e 2" Ti~ CD ~r~t!!.l R~ in the Linear Acc~lerato:r :Bu.ilding, the Reactor Control. R0$1! in a, 1epar.a.te 1:..-aild.tng loce.ted t1,l.>0V"e the e~h :t'ill oov~ring tb.e CD ltx.~:r.;tw;n1ta1 Reem; eu-ii tn.e Butler &Jildi.o.g :No.- 10 in the Wi'..4.sto Y~rd r*cil:tty, nll at the John Jay Hopkins :tatx,ratol"y..

'1.'h~ lod6ticn is rle)?ict.ed and out-

U.nftd in :r~d l.n the stta~hec-1 Figt1r;1t,.t 6 t1.nu 1 ~nc ic d{u'iii..

na~ a$ the 0 UNACti ar& as t~ nwiwteya:4 11 in the a:t;tached Figure 2..

Th~ h"TGR Crit1c*l Facility atl.ldir(t; t,.t. 'tlle Johri J~zy rloJlk:t.ns

.Le.borat<01"$. The location. i$ 4.,pieted,and outlinecl in red.

in the atta.eh~ F:tF;;.'u."e 6 t1n~. is ~-e$4in~ted as 1;ne '1f.l.UR 0 in the attacll(!d Jigu-te 2.

.a*,;

• • )

If i

1

*

-13

. With respect to License No. R-105: * * *.

,~.*

• • • [*

The CD Experimental Room and Fast Spectrum Cell in the Linear Accelerator Building, the Reactor Control Room in a separate building located above the earth fill covering the CD Experimental Room and the Fast Spectrum Cell; and the Butler Building No. 10 in the WasiE Yard

• Facility, all at the John Ja¥ Hopkins Laboratory. The

-location is depicted and outlined in red in the attached Figures 5A, 6 and 7 and is designated as the "LINAC" and as the 11Wasteyard 11 in the attached FigtU"e 2o

',l.

I f;

All of' the above are within the General Atomic John.'Jay Hopkins Laboratory depicted in the attached Figure 2 o The John Jf3¥ Hopkins Laboratory of the General. Atomic Division of General Dynamics Corporation is located on a site on the easterly side of UoS. Route 101, also known as "Paci:fic Highway 11 *ana. as 11Torrey Pines Road,"

beginning north of Genessee Avenue at Torrey Pines Mesa, San Diego, California, as shown in the attached Figure lG Item 5 - Insurance Policy No.(s).

~

Nuclear Energy Liability Policy (Facility Form) No. NF-34, issued by Nuclear Energy Liability Insurance Association.

Item 6,- The indemnity agreement designated above, of which this*Attachment is a part, is effective as of 12:01 a.m., on the 26th d~ of September*

1957, and supersedes the interim indemnity agreement dated January 28, 1959, between you and the Atomic Energy Commission.

~J'*

FOR THE UNITED STATES.ATOMIC ENERGY COMMISSION II'..

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Wl-2,._, IC I ;;.P"i--'l<.;

Eber R. Price, Di1>ector Division of State and Licensee Relations A

t d January. 22, 1969 1968 ccep e...--...-------------*,

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UNITED STATES

.ATOMIC ENERGY COMMISSION

'i WASHINGTON, D.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9

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• -;23S

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\\.. AMENDMENT NO; 17

.Effective, February.1, 1969,. Indemn.ity Agreement No. B-9 :, b'etweeri*,

• . Gulf Gene~al Atomic In~orpora ted and the"Atomic Energy Commission, dated

. April.20~. 1962 amended' : is hereby. further amended. as follows:

The amount "$74,000,000'.'.is deleted wherever it appears arid, the amount !'$82,000,000" is substituted therefor. :

~

The amount "$5],350,000i., is deleted wherever it appears

~nd:the amount "$63,550,000" is substituted therefor:

The amount 11$16,650,000" is deleted'wherever it appears, and*the amount "$18,450,000" is substituted therefor~

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION Accep,ted

xlxjK. For*

and Licensee Relations

Menken, February 4,.

19691

.'~ -

as

• GULF GENERAL ATOMIC INCORPORATED I -

. 1'1 RtttNtn"

• f E..B 1.. \\l 1969.f!;;>

.... us. w;:,rnf EIIERG'f r~i~~11SSHlli

• • ,1~6u\\a'(oi;

• hlall section.

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UNITED STATES

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, ATOMIC ENERGY COMMISSION,-~*

• • , WASHINGTON, D.C. 20545 A.MENDMENT TO INDEMNITY AGREEMENT NO. B-9

• ,.,ti:

• • . 'AMENDMENT NO*.. 18 * *

/-.;.,)

Effective,.OCT.;~?.. "lG(~.r\\

. ;** IndemnityAgreemen't No.-.B-9, b~tweer/

Gulf General Atomic',Incorpor~ted and the Atomic Energy Commission,

.dated April'20, 1962, as amended; is hereby further amended as follows:,

'I tern 3

• of the Attachment to the indemnity agreement 'is deleted in it::,s entirety and the following substituted therefor:'

- Item 3 - License number or numbers Currently~ffec ti.ve Licenses CX-23 (Frq_m 12: 01 a.* m *., May 25, 1965)

R-38

• . (From 12:01 a.m., May 3, 1958)

R-67 (From 12:01 a.m., July 1, 1960)

R-100 (From 12:01 ~.m.*, January 14, 1966)

','..R,-,LQ4-::,

(From 12:01 a.m., *September 8, 1966)

)

(From 12:01 t

R-105 a.ni.. ' March. 7,

• 196 7)

Terminated Licenses

.. 'J'l?l

• .****;*.:.~,.~.::'...,;_:

4 ::::: ~t ~~ ;~:~~g;;~:~m~ J! j!i ~: t!~c lus ive) ~

'12:00 midnight, December 30, 1966, inclusivel' R-96.

(From 12:01 a.m., September 22, 1964, to 12:00 midnight, March 5, 1965, inclusive)

R-99 (From 12:01 a.m., June 29, 1965, to 12: oo midnight, OCT 2 11969

' ).:

.* *.1' *;

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION*

<,l y.;*;,,) '

u~.<<:*.;-.,.:~~,

Eber R. Price, Director Divisio~ of State and Liceniee Relations*

Accepted December 3 1969.

By:

..* * * ~ * '

--G-U-f'F.,-. G,ENERAL ATOMIC INCORPORAT'E._D_* ---

'. / * ;{1.* H. Menk~n, Compfroller

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UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON. D.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9

• AMENDMENt NO. 19 Effective September 16, 1970, Indemnity Agreement No. B-9, between Gulf General Atomic, Inc. and the Atomic Energy Commission, dated April 20, 1962, as amended is hereby further amended by deleting the name "Gulf General Atomic, Inc." wherever it appears in the agreement*

and substituting in lieu thereof the name:

"Gulf Energy & Environmental Systems, Inc."

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

/

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Eber R. Price, Director Division of State and Licensee Relations

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Accepted

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, 1970 By

~

GULF GENERAL ATOMIC,. INC,

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Accepted By -------------------------

GULF ENERGY.& ENVIRONMENTAL ~YSTEMS, INC.

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. UNITED STATES ATOMIC ENERGY COMMISSION' WASHINGTON, D.C. 20545

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AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO. 20 Effective A.tkil 23, 1971, Imdemnity Agreement No. B-9 between Gulf Enr~rgy artd En~ironmental Systems, Inc. and the Atomic Energy Commission, datr)d

.April 20-, 1962, as amended, is hereby further amended by deleting the name "Gulf Energy and Environmental Systems, Inc." wherever it appear:,

in the agreement and substituting in lieu thereof the name: * *

"Gulf Oil Corporation" FOR THE*UNITED STATES ATOMIC ENERGY COMMISSION

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• ~. Price Division of State and Licensee Relations Accepted:

.. By:

Accepted:

/

vt.'.*'~.-;,~--~XECUTIVE VICE PRESIDENr OIL CORPORATION Vice President IRONMENTAL SYSTEMS, INC.

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MAIL Ct'. (}fl 11

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DOC1<=udJ.T(Q,, *

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Docket Nos. 50-89

]'1-*-37 50-234 5()-23)

. UNITED STATES. <<

• ATOMIC ENERGY CCTMMISSION 50-lfi J

.:,()-235 sn-240 WASH I NG TON, D.C. 20545 AMENDMENT TO INDEMNITY AGREE1'1E:,1T NO. B-9 Effective *December 14, 1971, Indemnity Agreerient No. B-'.J hecween Gulf Oil Corporation and the Atomic Energv Commission, dnted April 20, 1962, as amended, is hereby further amended.::is fo1lows:

Article II is amended by adding the following r rnvi so Rt the end of subparagraph S(c):

"Provided,"-however, that with respect to an extraordinarv nuclear occurrence occurring at the fncility, a claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operatin~ license hai:; been issued by the Atomic Energy Conmission shall not be considered as employed in connection with the activity where the extraordinarv 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 hy the AEC with respect to the nuclear reactor, and (3) the claimant is not: employed in connection wJch t:rie pnssession, storage, use or transfer of nuclear material at the facility."

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

£..._. -- *, 4.--~

Ly~ Johns~-, Director Division of State and Licensee R~lations Accepted *c1an uar /4

.,_ 197i:

GULF OIL /ft. ?'0,~9~ION /,"

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By.'*~

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John W. Lani~, President Gul.f General Atomic Company, a Division of Gulf Oil Corporation

)

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,.. :~"c_;_i".'.,_... -.--~_J./i,_.~.

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ATOMIC ENER'GY COMMISSION WASHINGTON, D.C. 20545

-~,,;,J)ocl,<;et- -Nos. 50-89 50-37 50-234 50-233, 50-163 50-235 50-240

.°)':-/'

AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO. 22 Effective March 1, 1972, Indemnity Agreement No. B-9, between Gulf Oil Corporation and the Atomic Energy Commission, dated April 20, 1962, as amended, is hereby further am.ended as follows:

The amount "$82,000,000" is deleted wherever it appears and the amount "$95,000,000" is substituted th~f'efor.

,The amount "$63,550,000" is deleted wherever it appears and the amount "$73,625,000" is* substituted therefor.

The amount "$18,450,000" is deleted wherever it appears and the amount "$21,375,000 11 is substituted therefor.

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

-~

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c:--.,;::-_;:;...::-

/

Jerome Saltzman, Ch;e,f Indemnity and Expo,:'t: Control Branch Division of State and Licensee Relations Accepted ~

2 2-

, 1972 By2o~----.

E. E. Watson Regional Treasury Manager r

- -------------**-**- ~*-*-**-*-

I... ----.".

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• Docket Nos. 50-37 50-89 50-163 50-2..33 50-234 50-235 50-240 UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO. 23 1.. :.... *........E~f_~ct~ve._APR.?.O 197.3,_.

., Indem11ity. f\\greement. No. B-9., b~~ween..

'}~- :""h****-~*~ :**.-'":~:.:*:*_;::./:j:,:---*~-,.t'fu1":f*<o.t1*:._:c~r:E50:i::'at' Hin*;'a-n*a /tfie.'* At61n:tc.. *:'.t~e.fg;y:*\\C.onmffs:s:i'oil/.':t:ia t:e*a<*=_: :*,."'._... _: :,<*.:**. <.""* l(... -~

April 20, 1962, as amended, is hereby further am*ended as follows:

Item 3 of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:

Item 3 - License number or numbers Currently Effective Licenses CX-23 (From 12:01 a.m., May 25, 1965)

R-38 (From 12:01 a.m., May 3, 1958)

R-67 (Fro.m 12:01 a.m., July 1, 1960)

R-100 (From 12:01 a.m., January 14, 1966)

R-105 (From 12:01 a.m., March 7, 1967)

Terminated Licenses CX-3 CX-24 (From 12:01 a.m., September 26, 1957, to 12:00 midnight, March 15, 1960, inclusive)

(From 12:01 a.m., February 17, 1966, to 12:00 midnight, December 30, 1966, inclusive)

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_Terminated Li.censes continued R-96 R-99 R-104 (From 12:01 a.m., September 22, 1964, to.

(From 12:00 midnight, March 5, 1965, inclusive) 12:01 a.m., June 29, 1965, to 12:00 midnight, October 21, 1969, inclusive)

(From 12:01 a.m., September 8, 1966, to 12: oo midnight, APR 2 o 1~{3 inclusive)

. FOR THE UNITED STATES ATOM+C ENERGY COMMISSION

~-/

Accepted

///,.,z.-~--/

7

, 1973

-"'---'-~-'7-"-----'---

By ~--~~---~~.;.~~

GULFOILCORPORATION E, E, Watson,_ West Coast Treasury Repres*entative

. -------. -*-. *-**--------* *--------. --:--*** -*-. _* ----*----*-**--*---- ****-*--*-**-*-L,.J_

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r Docket Nos. 50-37

• 50-89 50-163 50-233 50-234

• so-235 SQ,..240 UNITED STATES ATOMIC ENERGY COMMISSION*.

WASHINGTON, O.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO. 24 Effective AUG 1 (l 1973

, Indemnity Agreement No. B.;.9,--between Gulf Oil Corporation and the Atomic Energy Commission, dated April 20, 1962, as amended, is hereby further amended as follows:

Item 3 of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:

.*,I

• -----.,...;_~------.

Item 3 - License number or.numbers Currently Effective Licenses R-38 (From 12:01 a.m., May 3, 1958)

R-67 (From 12:01 a.m., July 1, 1960)

__R,..1-0~-ff-rom-l-2-:*e"l-a-;,m-:-;--clanua*ry-14-,-1-9&6)

Tenninated Licenses CX-3 CX-24 R-96 R-99

.(From 12:01 a.m., September 26, 1957, to 12:00 midnight, March 15, 1960, inclusive)

(From 12:01 a.m., February 17, 1966, to 12:00 midnight, December 30., 1966, inclusive)

(From 12:01 a.m., September 22, 1964, to 12:00 midnight, March 5, 1965, inclusive)

(From 12:01 a.m., June 29, 1965, to.

12:00 midnight, October 21, 1969, inclusive)

.,.. **.. *.. *--*~ -* ****-~--------*-*----- -*--. *-** *-*** ***--**----*--*-***--**. ---* --****-----------***-----* **-**-**--------------- -.--*--*-**--*-**-**-* ---*-........ -**-* ---~-1-*1

--**-**---- -=.=====-===-:.-;-:,.-=--:. -~.:::--:. -~--==---=----=--.:-=::--=

... :-:--:... :::::. =-=.... :::::... :-:--;

__ =-.==-:-=======--=--=.. ::--:-. -=-===================--------=---=-* -___ --;i--=-~--::J,,,.J, J.

'. ii -

• Terminated Licenses continued

• R-104 (From 12:01 a.m~, September 8, 1966, to 12:00 midnight, April 20, 1973, inclusive)

R-105.

(From ~~~~6 ~i~~ig~::chAJG 1~6~97fo inclusive)

• CX-23 (From 12:01 a.m., May 25, 1965, to 12:00 midnight, AUG 9 1973 inclusive)

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I FOR THE UNITED STATES ATOMIC ENERGY COMMISSION 1

~~~

Jerome Saltzman, Assij'tant Chief Office of Antitrust & Indemnity Directorate of ~icensing Accepted __

A_u..,,.gu'--st_2_1 _____, 1973 Douglas T. Farney Licensing Administrator Gulf Energy & Environmental Systems Company a Division of Gulf Oil Corporation

. --*--**-----***-*... *--------*~-----.-----~-------------------**,-------*-**-

UNITED STATES ATOMIC ENERGY COMMISSION Docket Nos. 50-89, 50-163, 50-37, 50-235, 50-234, 50-240, and 50-233 WASHINGTON, D.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDHENT NO. 25 Effect:lve }larch 1, 1971+, Indemnity Agreement No. B-9, be.tween Gulf Oil Corporation and the Atomic Energy Commission, dated April 20, 1962, as amended, is hereby further amended as follows:

The amount 11 $95,000,000" is deleted wherever it appears and the amount "$110,000,000" is substituted therefor.

The amount "$73,625,000" is deleted wherever it appears and the amount '

1$85, 250,000" is substituted therefor.

The amount "$21,375,000" is deleted wherever it app2ars and the amount "$24,750,000" is substituted therefor.

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

• )

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Jerome Saltzman, Deputy Chief Office of Anti.trus,t:' & Indemnity Directorate of Licensing Accepted...-...--... March 1..5~-.

, 1974

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By lf!I ;'/}/??/.?!.:!/

GUkF-.mt..: GGR-P-ORA.'.I't"GN -

1*

J. Vf;l Landis, Vice President Genifral Atomic Company

UNITED STATES ATOMIC ENERGY COM.MISSION Docket Nos. 50-89, 50-163 50-37, 50-235 50-231+, 50-240 and 50-233 WASHING-TON, D.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO. 26 Effective JUL 18 1974

, Indemnity Agreement No. B--9 between Gulf Oil Corporation and the Atomic.Energy Commission, dated April 20, 1962, as amended, is hereby further a.mended by deleting the name "Gulf Oil Corporation" wherever it appears in the agreement and substituting in lieu thereof the name:

"General Atomic Company" FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

_j ~~~

4tvo/t ~ /~

~

Siltzman, ;::?r; Chief Office of Antitrusj"&~Indemnity Directorate of Licensing *

r.

Ii Accepted

',-\\,.. L~ -" --'

, 1974

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By ----'~----~_1._.,_cr--(r __.,_-~_-__

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GENERAL A'.['OMIC COMPANY

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fl Docket Nos. 50-37 *

./

50-89 50-16'3 s-0:....233, 50-234 50-235 50-240

'J-o - 1,.,7 UNITED STATES NUCLEAR REGULATO~Y COMMISSION WASHINGTON, D. C. 20555 AMENDMENT TO IHDEr,fNITY*AGREEMENT NO. B-9

,1 t

• AMENDMENT NO. 27 Effective March 21, 1975, Indemnity Agreement No. B-9, between General Atomic Company and the Atomic Energy Commission, dated April 20, 1962, as amended, is hereby further amended as follows:

The *name "United States Atomic Energy Commission" is deleted wherever it appears and the name "United States Nuclear Regulatory Commission" is substituted therefor.

The amount "$110,000,000" is deleted wherever it appears and the amount "$125,000,000" is substituted therefor.

The amount "$85,250,000" is deleted wherever it appears and the amount "$96,875,000" is substituted therefor.

The amount "$24,750,_000" is deleted wherever it appears and the amount "$28,125,000" is substituted therefor.

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION

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WA.._~-

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Jerome Saltzman, Qeputy Chief Office of Antitrust & Indemnity Nuclear Reactor Regulation Accepted March 31

, 1975

Docket ~o~r:::

l1 50-89 If 50-163 50-227 50-233 50-234 50-235 50-240

,... c?,,:--*

Ufl!ITED STATES

, 1...--~,-:;:,

i NUCLEAR flEGULATORY COMMISSION

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WA\\}..!,i!NGTOl'J, D. C. 20555

~y* ( (*f }J 1~

(:G.,

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lu. s. NucLEAR R

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INDEMNITY AGREEMENT NO. 8-9

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¥\\MENDMENT TO AMENDMENT NO. 28 Effective DEC 10 19/S

, Indemnity Agreement No. B-9, between General Atomic Company and the Atomic Energy Commission, dated April 20, 1962, as amended, is hereby further amended as follows:

Item 3 of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:

Item 3 - License number or numbers Cuirently Effective licenses R-38 R-67 Terminated Licenses CX-3 CX-24 R-96 R-99 (From 12:01 a.m., May 3, 1958)

(From 12:01 a.m., July 1, 1960)

( From 12: 01 a. m., September 26, 1957, to 12:00 midnight, March 15; 1960, inclusive)

(From 12:01 a.m., February 17, 1966, to 12:00 midnight, December 30, 1966, inclusive)

(From 12:01 a.rn., September 22, 1964, to 12:00 midnight, March 5, 1965, inclusive)

(From 12:01 a.m., June 29, 1965, to 12:00 midnight, October 21, 1969, inclusive) 14092 i '

. ~..;,.u. t

.,. ~-

• Terminated Licenses continued R-104 R-105 CX-23 R-100 (From 12:01 a.m., September 8, 1966i to 12:00 midnight, April 20, 1973, inclusive)

(From 12:01 a.m., March 7, 1967, to 12:00 midnight, August 9, 1973, inclusive)

(From 12:01 a.m., May 25, 1965, to 12:00 midnight, August 9, 1973, inclusive)

(From 12:01 a.m., January 14, 1966, to 12:00 midnight, oFr'. S 1975 inclusive)

-~

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Accepted December 16

, 1975

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By \\J) <--:.*....::;A<\\,;._. J. -f;c,.{,t,f: *-<

GENERAU ATOMIC COfvlPANY}-

Dougl a's T. Farney

{

Licensing Administrator

. *- - --* -*-- '"*--*-. -~*----~-*- - -,--.. ---~-*~--------------------~-----**--*~ ---------..,-.------------*.. ---...

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555.

Docket Nos. 50-37, 50-89 50-163, 50-227 50-233, 50-234 50-235, 50-240 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO. 29 Effective MAY 1 1977

, Indemnity Agreement No. B-9, between*

General Atomic Company, and the Atomic Energy Commission, dated April 20, 1962, as amended, is hereby further amended as fa 11 ows:

The amount "$125,000,000 11 is deleted wherever it appears and the amount 11$140,000,000 11 is substituted therefor.

The amount 11$96,875,000 11 is deleted wherever it appears and the amount 11$108,500,000 11 is substituted therefor.

The amount 11$28,125,000 11 is.deleted wherever it appears and the amount "$31,500,000 11 is substituted therefor..

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION

/sL JEROME SM TZMMI Jerome Saltzman, Chief Antitrust & Indemnity Group Nuclear Reactor Regulation

• Accepted

, 1977 By

-=-G E=N=E-c-RA""'""L-A=T=o.,...,.M =-,I cc-=-c o=-=-M=P=AN.,..,..Y,--------

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket Nos. 50-37, 50-89, 50-163 50-227, 50-233, 50-234 50-235, 50-240 AMENDMENT TO INDEMNITY AGREEMENT NO. 8-9 AMENDMENT NO. 30 Effective August 1, 1977, Indemnity Agreement No. B-9, between General Atomic Company, and the Atomic Energy Commission, dated April 20, 1962, as amended, is hereby further amended by adding a new Art1c*1e VIII to read as follows:

11ARTICLE VII I 111.

If the licensee fails to pay assessed deferred premiums, the Commission reserves the right to pay those premiums on behalf of the licensee and to recover the amount of such premiums from the licensee.

11 2.

The Commission shall require the immediate submission of.

financial statements by those licensees who indicate, after an assessment of the retrospective premium by the insurance pools, that they will not pay the assessment.

Such financial.

statements shall include, as a minimum, exhibits indicating internally generated funds from operations and accumulated retained earnings.

Subsequent submission of financial statements by such licensees may be requested by the. Commission, as*

required.

• 11 3.

If premiums are paid by the Commission as provided in paragraph 1, payment by the Commission shall create a lien in the amount paid in favor of the United States upon all property and rights to property, whether real or personal, belonging to such licensee.

The lien shall arise at the time payment is made by the Commission and shall continue until the liability for the amount (or a judgment against the licensee arising out of such liability) is satisfied or becomes unenforceable.

The Commission will issue a certificate of release of any such lien if it finds that the liability for the amount has been fully satisfied or has become legally unenforceable.

• 114.

If the Commission determines that the licensee is financially able to reimburse the Commission for a deferred premium payment made in its behalf, and the licensee, after notice of such determination by the Commission fails to make such reimbursement within 120 days, the Commission will take-appropriate steps to suspend the license for 30 days.

The Commission may take any further action as necessary if reimbursement is not made within the 30-day suspension period including, but not limited to, termination of the operating license.

11 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Jerome Saltzman, Chief Antitrust and Indemnity Group Office of Nuclear Reactor Regulation Accepted

, 1978 By -G-E=N=E-RA~L_A_T_O_M_Ic~c-m=

11P~A-N~v----

i

\\.~R RE0111 _

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{~~o) ca.

-:..1' I'

~o Docket Nos.. 50-37 '

50-89 50-163 50-227 UNITED STATES

-=- :.

NUCLEAR REGULATORY COMMISSION 50-234 50-235 50-240 *.

50-233 ::.*.

WASHINGTON, D. C. 20555 C

AMENDMENT TO INDEMNITY AGREEMENT NO. B.:.9

...~.

AMENDMENT NO. 31 Effective May 1, 1979, Indemnity Ag~~ement No~ B:9~ between General**;

Atomic Company and the Atomic Energy Commission, dated April 20, 1962, as amended, is hereby further amended as follows:.

The amount 11$140,000,000 11 is deleted wherever it appears and the amount 11$160,000,000 11 is substituted therefor.

The amount 11$108,500,000 11 is deleted wherever it appears and the amount 11$124,000,000 11 is substituted therefor.

The amount 11$31,500,000 11 fs deleted wherever it appears and the amount 11$36,000,000 11 is substituted therefor.

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION

~

Jerome Saltzman, Chief

• Antitrust & Indemnit Group

.Office of Nuclear R actor Regulation Accepted

, 1979 By--=-==~,-,--==~=-=--=-="""="=-,------

GENERAL ATOMIC COMPANY

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~o UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket Nbs. 50-37, 50-89, 50-163 50-227, 50-234, 50-235 50-240, 50-233 AMENDMENT TO INDEMNITY AGREEMENT NO. B-9 AMENDMENT NO. 32 Effective May l, 1977, Indemnity Agreement No. B-9, between General Atomic Company and the Atomic Energy Commission, dated April 20, 1962, as amended, is hereby further amended by modifying the prefatory language of paragraph 5, Article I, to read as follows:

11 In the course of transportation 11 means in the course of transportation within the United States, or in the course of transportation outside the United States and any other nation, including handling or temporary storage incidental thereto, of the radioactive material to the location or from the location provided that:

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION By ------------------

GEN ER AL ATOMIC COMPANY

UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON 2!1, D. C.

,o... 37, a.nd 50-89 OfmenJ. tt~e@ Co:po:n.tioo.

p., 0.. Bai'. 6GB 8cm X>iego, blifomi@.

Atte2!\\tiotu Dr. n~ric de ilotfmm

'fiee huidm>>.t Qen~a

~"- /-, ~--=-~~

y/c//q The ~a:iion ~Y agffflil to ind-c,1ty and hold haxmlees

~;r-7,..,

Q(m~ ~ca, Co:rpo:n.Uoo l.il.!lld. othllr pencrut ~t1G4 u their intti:nat>> D\\Y" appou, trco p.blic Uablli t=r ane~ ~

mtcle&T ~:!tan.ta which 1a in nce11e

~ tbr.?J l@vel o~ f'~i&l p1."0tection roqui~ ot you NJ Uc~e

~

AEC Liec.w~ b. Cl*3 &1.d 1.. 38~ 'i~ ~pte ~ty tor all pmrsons ~1fied in g~tion with Mah !imOh&r 1nc14~t shul :aot exceed $500.,000:000 iMlwl.:1.ns too roM1oruwle ooeta of invest:i.ptini; Md settll:ae; c~ ftD1 dtHf~ stli.ts fr:>>:'~.

TM obligatioo.8 of thl ~es1oo W'&or thiz ~t ~

QPly only uitb :rnpect to aueh li&bility 118 n-2~ wt of or in cmm.oot1om vith th8 aieti'fit".7 licMUJed lffi1i.r A.ffl: ti<aeG0 h. ex... 3 and ;a...38. ~

UJX'JU 11PQl"~ inliesmifi<<id 11

, "public liabili t7", ~ "meleu 1mcidat",

as u~d in this ~h M'Ht the~~ 4c1'-lnM in hetio~ ll ot

. th* AtQJ.'lio ~~

.Mt of 19;!}, u ~. 'i.las ~t ls effec'ti.,o u of ~t-aber 26 11 1957.

'lbis ~twill be ~n4Ml4X\\9 in duet coune, by the uecuuoo

~

iseuuoe of a fo~ ~ty ~e11nt bt..1teo yr.m ~

th.\\

~Eu,d.oa ecmt&ifl..inr;; su.oh pnY'liSl1eB u am rsqw..N'l4

• b;y.J.ms ~

Neb aMitiooal prov1e1CJ1Y u nq be ineo~ted *thereia b7 the Call&aisiliGll punuu:t to i te ~t1<mep wbich i"onal. ~t will be, tilloctive, s.na. will r.mpenfMt.e thi,s ~t, u of th& ettset.i Ye date nts.ft"84 to uove. Until this~ hae b~ co~~, it ie wdore 2tooo. ~t this ~t eonstitut(IJ0 the ~,tot ~ficat1cm con~lated. by *ubsection 170 @. of tlw Atam.o ~

Mt ot: 19'49 u

~-

1w 100 kll>>.ov I the ngtil&ti~ in P\\u't 140 ~

coosic'kl:NA t.,o b0* At a t~

1ntur&l e l'utunt aJDOncl.-i.1te to the ~tioru, in hrt 140

/it:c

may, among other things, change the arnoun,. 0r nature of the f iruwcial protection which must be maintained as a. cc.ndition of the license

i.*efe2.*red to above.

B;y your acceptance of this agreement, ;,ou agree to ptty to the Comm:lssion th~ fl!~ :providd for by Section 140.r( (b) of '.;h~ Com:missicn ° s regula.ti,Jns, in accorde.nc~ tii 1:h billing instructions received from the Commission.

u.. S. ATOMIC El\\lEROl COMMISSION

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• I L----a----.----..... -- "---*---

/

. r By H. L. Price Directoi~

Division of Licensing and Reg~lation April 15 Accept~

, j,!f 9 By

. " J c:::!f£_" UL ef :ii,/dt,c,.- '

T!"'e~hfrictlc.Hv,ax::.n rt*, :,;i c """~ 11

,.:; c.(.:! r al :uyna* n, ic e,~, ori_-1 oi-,-. ti O!)

a::11.:J.

['ivisi;)n C,,.1.cr~tl l.:an1:.g,::;:.r 0 C.enerc>.l At0:.::ic.i)bi.sion

$Er-' 3 o 1982 MEMORANDUM FOR:

E. Leo',:Slaggie, Acting Solicitor Office of the General Counsel FROM:

SUBJECT:

Guy Cunningham Office of the Executive Legal Director Jerome Saltzman!> Assistant Director State and Licensee Relations Office of State Programs CLAIM FILED AGAINST GENERAL ATOMIC COMPANY ET. AL.

We have recently received from American Nuctear Insurers the enclosed copy of a complaint filed under the Price-Anderson Act.

The complaint, which has been fi1 ed by the wife and children of decendent Billy F.

Hilliams, alleges that Williams' death resulted from radiation exposures he received during his employment between 1958 to October 13, 1980 at General Atomi:cs' Torry Pines nu.clear facility.

~Je have learned that Public Service Company of Colorado has been named as one of the defendants because of the possibility that Mr. Williams worked at their nuclear facility while empl;oyed by General Atomic.

Plaintiffs are suing for an unspecified amount for support costs, and for medical, fu rie;raq \\a fig* :re la ted:.expenses-~**.

Enclosure:

As stated Jerome Saltzman, Assistant Director State and Licensee Relations Office of State Programs Distribution:

./

Subject:

General Atomic Company 1 ~

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SLR: OSP DIR: R/F U<D01MXXjX!l1)[1)(

I. Dinitz R/F D.Nash J. Saltzman NRC FORM 318 (10-80) NRCM 0240 OFFICIAL RECORD COPY

D A~RICAN NUCLEAR INSURERS JOHN E. HARWARD Vice President-Claims BURT C. PROOM, CPCU President Mr. Jerome Saltzman Assistant Director State and Licensee Relations Office of State Programs September 13, 1982 U. S. Nuclear Regulatory Commission Washington, D.C.

20555

Subject:

Abstract #95 General Atomic Company Re:

Marjorie Elaine Williams, et al.

D/0:

1958 to 10/13/80

Dear Mr. Saltzman:

We have just been informed of a suit in the San Diego, California Superior Court by the wife and surviving children of decedent, Billy F. Williams.

A copy of the complaint, and amended complaint, filed in this case is enclosed for your records.

The complaint provides very little information other than allegations that the decedent, Billy F. Williams, was a former employee of General Atomic Corporation, whose death allegedly resulted from radiation exposures during his employment at the General Atomic, Torry Pines, nuclear facility between the period from 1958 to October 13, 1980.

We are also informed that General Atomic Corporation is presently dealing with a Workers Compensation fatal claim involving the death of this same employee.

General Atomic has elected to have their own attorneys handle the liability suit, which would not be covered under our nuclear liability policy because of the employer-employee relationship between General Atomic Corporation and decedent Billy F. Williams~

The Exchange. Suite 245 / 270 Farmington Avenue/ Farmington. Connecticut 06032 / (203) 677-7305

• Eng. Dept. (203) 677-7715 / TLX. No. 643-029

Mr. Jerome Saltzman Page 2 September 13, 1982 This is all the information currently available in this case as we have just commenced our investigation.

If you require additional information later on, please let me know and I will see that it is provided.

JEH/pbj Enclosure

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':??J 1----------:.:-------------j NAME ANO ADDRESS OF ATTORNEY:

TELEPHONE NO.

FOR COURT USE ONLY.

JOHN' M. URQUHART*, A.P.C.

(714) 236-9933 1010 Second Avenue; Suite 1800 San Diego, CA 92101 Plaintiffs ATTORNEY FOR (Name):

Insert name ol court, judicial d!stric1 or branch court. ii any. and Post Ott1ce and S1ree1 Address:

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO PLAINTIFF:

MARJORIE ELAINE WILLIAMS, LESLIE D. WILLIAMS MITCHELL, PRISCELLA D. WILLIAMS MALCOLM, and CHARLES C. WILLIAMS DEFENDANT:

GENE~..L DYNAMICS, ACF INDUSTRIES, INCORPORATED, GENERAL ATOMIC COMPANY, PUBLIC SERVICE COMPANY OF COLORADO, and DOES I through C, Inclusive

• SUMMONS RE:

COMPLAINT FOR DAMAGES

& FIRST AMENDMENT TO COMPLAINT SUMMONS*

CASE NUMBER.

476824 NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information below.

jAVISO! Usted.ha sido demandado. El tribunal puede decldir contra Ud. sin audiencia a menos que Ud. re-sponda dentro de 30 dias. Lea la lnformacion que sigue.

If you wish to seek the advice of an attorney in this matter, you should do so promptly so that your written response, if any, may be filed on time.

Si Usted desea solicitar el consejo de un abogado en este asunto, deberia hacerlo inmediatamente, de esta manera. su respuesta escrita. si hay alguna, puede ser registrada a tiempo.

1. TO THE DEFENDANT: A civil complaint has been filed by the plaintiff against you. II you wish to defend this lawsuit, you must, within*30 days after this summons is served on you. file with this court a written response to the complaint.

Unless you do so, your default will be entered on application of the plaintiff, and this court may enter a judgme~t against you for the relief demanded in the complaint. which could result in garnishment of. wages, taking of money or property or other relief requested in the complaint.

R0~2~~-L~;;k DATED:

°JUL

.. 6

.1982.

(SEAL)

By __

_.,_~___;:,"""'-.:__..i..~-:::..:::....:=..::::....:.._,,~:...:..;=---, Deputy D. COUSINS

2. NOTICE TO THE PERSON SERVED: You are served

a. D As an individual defendant.

b. D As the person sued under the fictitious name of:

Under: ~

CCP 416. 10 (Corporation)

~ D CCP 416.20 (Defunct Corporation)

KZl CCP 416.40 (Assoc1at1on or Partnership) 00ther:

d. D By personal delivery on (Date):

D D

D c:.:>~

CCP 416.60 (Minor)

CCP 416.70 (Incompetent)

CCP 416.90 (Individual)

A wrouen response musl be in the lorm prescribed by !he Calllt.rn1a Rules cl Court. 11 mus! be filed 1n this court w11h lhe proper filing lee and prool of sen-ice of a copy on each pla1nl111's allorney and on each pla1n1111 not represe"n1ed by an allorney The time wnen a summons 1s deemed served

~n a pa':r may vary depending on the method ol service For example. see CCP 41 J.1 o lhrougn 415 50 The word '"complaint'" includes cross-complaint.

plaintill includes cross-complainant. "'defendant'" includes cross-defendant. ll'le singular includes !he plural.

(See reveru lor Proof.of Service) l :

Form Adopted by Rule 982 Judicial Council or Calilorn1a Rt'v,sed Eltec:,v~ Januarv 1 1Q70 SI IMM()N~

CCP 41_2 _'~ _412 30. \\--

C9 (y:;,

suPER;OR couRr OF CALIFORNIA, COUNTY o;IN DIEGO NAME\\)F BRANCH COURT. IF ANY FOR COURT USE ONLY TITLE OF CASE (ABBREVIATED)

MARJORIE ELAINE WILLIAMS, et al.

vs.

GENERAL DYNAMICS, et al.

NAME, ADDRESS, AND TELEPHONE NUMBER OF SENDER JOHN M. URQUHART, A.P.C.

1010 Second Avenue, Suite 1800 San Diego, California 92101 CASE NUP.18ER Telephone:

(714) 236-9933 467824 NOTICE To: ~.~~:p~:i;:N~.. Qr..1?P.1?~_:i;c;_.$~~Y~~~.. c;9.~~x. 9~. _c;C?.~'?-~P'?................................

(Insert name of 1nd1v1dun1 be,ng served)

This summons and other document(s) indicated below are being served pursuant to Section 415.30 of the California Code of Civil Procedure. Your failure to complete this form and return it to me within 20 days may subject you (or the party on whose behalf you are being served) to liability for the payment of any expenses incurred in serving a summons on you in any other manner permitted by law.

If you are being served on behalf of a corporation, unincorporated association (including a partnership), or other entity, this form must be signed by you in the name of such entity or by a person authorized to receive service of process on behalf of such entity. In all other cases, this form must be signed by you personally or by a µerson authorized by. you to acknowledge receipt of summons. Section 415.30 provides that this summons and other document(s) are deemed served on the date you sign the Acknowledgment of Receipt below, if you return this form to me.

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Dated... July..12.,.. 19.82.................

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(S,Qn~ture of sender)

PATRICIA EDDLEMAN, Secretary ACKNOWLEDGMENT OF RECEIPT This acknow~es receipt of: (To be completed by sender before mai!ing)

1. ~opy of the summcns,aRel el !Re complain~

~ ~ P,,-r./-

2. D A copy of the summons and of the Petition (Marriage) and:

0 Blank Confidential Counseling Statement (Marriage) 0 Order to Show Cause (Marriage)

O Blank Responsive Declaration O Blank Financial Declaration 0 Other: (Specify)

(To be completed by recipient)

Date of receipt:..................................

Date this form is signed:

(Signature ol pers-on ac,now,eac;,ng receipt_ with title 11 ac,nnwteagmen\\ 1s mace on bchatl of another person)

(Type or pr,nt your name and name of entity. 11 any.

on wnose oena,t 111,s lorm,s signed)

Form Appro,ed by the JUd1c1al Council ot Ca1irorn1a Rev1s.:d Etfec11ve Maren *. 19 72 NOTICE AND ACKNOWLEDGMENT OF RECEIPT CCI',15 JO. *17 10 Cal Ruies ot Court flu*e 1216 Co.Cllc. Form 295 (1-751

I "':'I..

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.2 3

4 5

6 7

8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF JOHN M. URQUHART A PROFESSIONAL CORPORATION 1010 SECONO AVENUE. SUITE 1 BOO SAN DIEGO, CALIFORNIA 9210 I TELEPHONE 236-9933 AREA CODE 714 Attorney for Plaintiffs C

IDJ C p C ORIGINAL flL!D l11SHH5S DIVISION OCT 13 1981 R.OBERT D. ZUM'NALT CL~RK, SAN DIEGO COUNTY SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO MARJORIE ELAINE WILLIAMS, LESLIE D. WILLIAMS MITCHELL, PRISCELLA D. NILLIAMS :MALCOLM, and CHARLES C. WI_LLIAMS, Plaintiffs, vs.

CONVAIR CORPORATION, AHERICAN CAR AND FREIGHI' CORPORATION, GENERAL ATOMIC CORPORATION, PUBLIC SERVICE COMPANY OF COLORADO CORPORA-

_TION, and DOES I through.D, Inclu-

sive, o*efendants ~

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CASE NO.:

COMP IAINT FOR DAMAGES (Negligence, Strict

• Liability, Breach of

. Warranty, and *wrongful Death)

FIRST CAUSE OF ACTION t..-* (Negligence)

COMES NOW, Pla.intiffs, MARJORIE ELAINE WILLIAMS, LESLIE D.

inLLIAMS MITCHELL, PRISCELLA D. ~vILLIAMS MALCOLM, and CHARLES C. WILLIAMS, and for causes of action against Defendants, and each of them, allege:

1.

The true names and capacities, whether individual, corporate, associate, or otherwise, of defendants*ooES I through

1 2

3 4

5 6

7 8

9 10 11 12

-13 14 c..----

15 16 17

).,.~**...

18 19 20 21 22 23 24 25 26 27 28 D, Inclusive, are unknown to plaintiffs, who therefore sue said defendants by such fictitious names.

Plaintiffs are informed and believe, and thereon allege that each of the defend an ts herein designated as a DOE is responsible in some actionable manner for the events and happenings herein referred to, and caused injuries and damages proximately thereby as herein alle g:d.

2.

Plaintiff.MARJORIE ELAINE WILLIAMS, is the widow of decedent, BILLY F. WILLIAMS.

LESLIE D. WILLIN1S MITCHELL, PRISCELLA D. WILLIAMS.MALCOLM, and CHARLES C. WILLIA.HS, are children of the decedent, BILLY F. WILLIAMS.

Said plaintiffs are the sole surviving heirs at law of the decedent.

3.

Plaintiffs are informed and believe, and thereon allege that at all ti.-rnes herein rnentionP-d, defenda."nts, CONVAIR C'ORPORA-TION, AMERICAN CAR AND FREIGHT CORPORATION, PUBLIC SERVICE

. COMPANY OF C.OLORADO CORPORATION, ancl DOES I through L, Inclusive, were.corporations authorized to no, and were doingbusi:::1ess in

---

~----*---... ---. -- ---**--* -

.... -,.p...... ~-..... -. **

the County of San Di ego, State of California, and had their

. -******. *. --~** -* *-..

princip~l pl~ce of business in the County of San Diego, State of California.

4.

At all times relevant hereto, plaintiffs, Jl.1.ARJORIE ELAINE WILLIA.MS, LES LIE D. WILLIAMS MITCHELL, PRIS ffiLLA D.

i WILLIAMS M

... 7'.LCOLM and CHARLES C. WILLIAMS, are residents of the County of San Diego, State o= California.

5.

Plaintiffs are inforned and believe, and thereon allege, I

that at all times herein mentioned, ea*ch o:: the defendants was the age1t, servant,_ employee, subsidiary, consultant, joint ve.11ture, and independent contractor of each re1:1aining defendant, At all times he!:"ein mentioned mch defendant \\,as acting within

,t...--***

1 2

3

--4 5

7 8

9 10

/.-:******** 11 12 13 1L.,___-

14 15 16 17 18 the conrse and scope of said agency, employment, joint venture, contract, or other relationship.

6.

Plaintiffs are informed and believe, and thereon allege that at all times herein mentioned, defendants, CONVAIR CORPORA-TION, Af-1:ERICAN CAR AND FREIGH 'I CORPORATION, PUBLIC SERVICE Q)MPANY OF COLORADO CORPORATiml, and DOES T thrqugh D, Inclusive, were engaged in manufacture, sale, distribution, 163.se, supply, use, measurer.tent, and monitoring of radioactive material.

7.

At all times relevant hereto, including, but not limited to 19 58 through October 13, 19 80, decedent BILLY F.

-.....__,.......-** ____......_,,.. ___,,. __ ~-~-.-.......,........,. ______........... -. -~-*--**

l'1ILLIA..~S, worked for, consulted with* and was employed by defendants, and each of them.

8.

Plaintiffs are informed and oelieve, and on that ground allege that :!:>etween 1958 and October 13, 19 80, defendartts, and each of them, negligently, carelessly, and recklessly, manufac-tured, sold, distributed, leased, supplied, used, measured, monitored, and exposed BILLY F. WIIJ..,IAf1S to an excessive dan9erous and tox~c amount of radiation.

As a proximate result 19 of said negligence, carelessness, and recklessness, BILLY F.

20 WILLIAMS, died, causing all of the ?laintiffs' damages as 21 hereinafter alleged.

22

9.

As a direct and proxinate result of said negl~9-~nce,

~-

23 carelessness and recklessness bf defendants, and each of them, 24 25 26 arid the death of said decedent, plaintiffs have been deprived of the comfort, protection, and support of said decedent and have thereby sustained pecuniary loss and ~anages in an amount which 27 'exceeds the minimu.111 jurisdiction of this court,, and certain 28 funeral expenses in an arnoun~ to be determined.

1 2

3 4

5

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6 7

8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECX)ND CAUSE OF ACTION V. (Warranty)

10.

Plaintiffs replead and incorporate by reference, each and every allegation contained in the First artl Second Causes of Action.

11.

From 1958 through October 13, 1980, defendants, and each of them, expressly and impliedly warranted that the~r products, and the component parts thereof, were of merchantable quality and reasonably fit for their safe use by their employees, such as decedent herein; defendants, and each of thefl, knew or reasonably should have known that said products would be used by_ their

~--.. -*--*--**-*-***-* -*--*----. *---*---

.. ~--*....

.... *- ---...... ~.--........,. **--...... *.----.. --~---*- --*..

employees, such as decedent, in a manner similar 'to the way in which each product was being used from 19Sa** through October 13, 1980; it was foreseeable that their employees, such as decedent herein, would be injured and damaged as a result of said products' failure to be of merchantable quality and reasonably fit for tl"ei intended purpose as hereinabove alleged.

12.

Defendants, and each of them, breached said expressed and implied warranty of fitness and merchantability in that said products were not reasonably fit for their intended purpose of merchantable quality, and by reason of the premises, plaintiffs were proximately caused all of the injuries and damages herein alleged.

13.

Plaintiffs have provided notice to defendants, and each of them, of said breach.

Defendants, and each of-them, have refused to. acknowledge said breach, or any res::,onsibility there-fore.

1 2

3 4

5 6

7 8

9 10

...... ~--.

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 f---

27 28 THIRD CAUSE OF AC'I'ION

,,,,...,. (Strict Liability)

14.

Plaintiffs replead and incorporate by r~ference,* each and every allegation contained in the First and Second Causes

• of Action *.

15.

Plaintiffs are informed and believe, and thereon allege that at all times herein mentioned, defendants, and each of them, were engaged in the design, rnanfacture, engineering, testing, assembly, distribution, repair, modification, sale, and lease of certain products, containing radioactive material for use by members of the general public, including decedent her_ej.n.

.-... -* ~- -*-* ~*

16.

At all times herein mentioned defendants, and each of them, knew, or reasonably should have known, that said product would be used without inspection for certain defects, including those which'proximately caused the plaintiffs' damages as herein-after alleged; plaintiffs are informed and believe and on that ground allege, that said products, containing radioactive materi-

---***~

als and their component parts, were defective and that said

______. __......... ~

defects were present in said ?ro~~?:t::5 at _all times herein

-... ~.. -*-** -*...... -*.....,_ -

mentioned, including the time during which said products were in the course and scope of being design*ed, manufactured, distrib-uted, inspected, constructed, sold, reapired, delivered, assem-bled and used, and at all times subsequent thereto.

17.

At all times relevant hereto, including the period between 1958 and October 13, 1980, and prior thereto and there-after, decedent, was operating and using said products, during the regular course of his work, in San Diego, California.

At said time and place, decedent BILLY F. '\\'1ILLil01S was opera ting and

• ~..

~

1 using said products in the manner in which it was intended by 2

their designers, manufacturers, distributors, inspectors, sellers, 3

repairers, lessors, and vendors; as a proximate result of said 4

defects in said products, they malfunctioned, shattered, and 5

leaked radiation, and failed.

As a proximate result, BILLY F.

6 WILLIAMS died.

As a proximate result, plaintiffs sustained all 7

of the damages hereinabove alleged.

8 9

10

J FOURTH CAUSE OF ACTION

• ./.***

(Strict Liability)

18.

Plaintiffs repleads *and incorporates by reference, 11 each and every allegation contained in all the preceding causes 12 of action.

13

19.

At all times relevant hereto, including, but not limited 14 to, 1958 through October 13, 1980, defendants, and each of them, 15 maintained on their premises and abnormally dangerous condition, 16 to wit:

radioactive.material.

Defenqants, and each of them, 17 engaged in an abnormally dangerous activity which created a high 18 risk of ha1."'Itl to others, to wit:

the manufacture, design, engine-19 ering, testing, assembly, distribution, repair, modification, 20 sale, and lease of certain radioactive material.

21

~-

As a proximate result of the maintenance of said 22 abnorrnallv dangerous condition and/or the o.reation of said 23 abnormally high risk, BILLY: F. WII.J.,IAM.S died, causing all of 24 the plaintiffs' damages as hereinabove alleged.

25 WHEREFORE, plaintiffs, and each of them, pray for judgment 26 against the defendants, and each of them, as follows:

27

1.

For the pecuniary loss, of the comfort, society, support, 28 protection of the plaintiffs' decedent; 1

2 3

4 5

6 7

8 9

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

(... *.

\\~

For the incident medical, funeral, and related expense incurred by and on behalf of plaintiffs' decedent' v* 3.

For costs of suit incurred herein; and, k

• 4.

For such other and further relief as this Court deems just and proper.

DATED: October 13, 19 81 JOHN M. URQUHART,. A.P.C.,

1 2

3 4

5 6

7 8

9 10 11 12 13 14 15 16 17 18 19 LAW OFFICES OF JOHN M. URQUHART A PROFESSIONAL. CORPORATION 1010 BECOND AVENUE, SUITE 1900 SAN DIEGO. CALIFORNIA 92101 TEL.EPHONE 2.36-9933 AREA Coo£ 714 Attorney for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN DIEGO MARJORIE ELAINE WILLIAMS, LESLIE D. -WILLIAMS MITCHELL, PRISCELLA D. WILLIAMS MALCOLM, and CHARLES C. WILLIA.HS, Plaintiffs, vs.

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CONVAIR CORPORATION, AMERICAN

)

CAR AND FREIGHT CORPORATION,

)

GENERAL ATOMIC CORPORATION, PUBLIC

)

SERVICE COMPANY OF COLORADO CORPORA-)

TION, and DOES I through D, Inclu-

)

sive,

)

)

Defendants.

)

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CASE NO.:

476824 FIRST AMENDMENT TO COM-PLAINT FOR DAMAGES (Negligence, Strict Liability, Breach of Warranty, and Wrongful Death) 20 Plaintiffs, MARJORIE ELAINE WILLIAMS, LESLIE D. WILLIAMS 21 MITCHELL, PRICELLA D. WILLIAMS MALCOLM, and :*~HARLES *c. WILLIAMS, 22 23 24 25 for ed amendment That the to read as to complaint on* file herein allege:

I caption.of the complaint, p.l, lines 15-18, be amend follows:

II... General Dynamics, AFC Industries, In-26 corporated, General Atomic Company, Public Service Company of Col-27 orado, arid DOES I th-rough C, Inclusive... 11 rather than "Convair 28 Corporation, American Car and Freight Corporation, General Atomic

1 Corporation, Public Service Company of Colorado Corporation, and 2

DOES I through D, Inclusive II 3

4 5

6 7

8 9

10 11 12 13 14

15.

16 17 18 19 20

-21 22 23 24 25 26 27 28 Said amendment fs necessitated.due to mistake in indentifyins the proper names of defendants, and, with regard to Doe defendants a typographical error.

II That paragraph I of the First Cause of Action be amended to read at line 1, page 2, as follows:

than "D, Inclusive."

"C Inclusive" **. rather Said amendment is necessitated by a typographical error.

III That paragraph III of the First Cause of Action be amended to read at lines 13-15, page 2 as follows:

"... defendants, Gener-al Dynamics, ACF Industries, Incorporated, General Atomic Company Public Service Company of Colorado, and DOES I thorugh C Inclusivr

• .* " rather than"... defendants, Convair Corpoiation, American Car and Freight Corporation, Public Service Company of Colorado

-Corporation, and DOES I through L, Inclusive... "

Said amengment is necessitated by mistake in identifying the proper names of defendants, *omission of the-name of one of defen-t.:

dants, to wit, General Atomic Company,* and typographical error with regard to Doe defendants.

IV That paragraph VI of the First Cause of Action be amended to

\\

read at lines 4-6, page 3, as follows:

... defendan~s, General Dynamics, ACF Industries, Incorpor-ated, General Atomic Company, Public Service Company of Colorado, and DOES I through C, Inclusive... " rather than 11 defendants, I

I 2

Convair Corporation, American Car and Freight Corporation, Pt:=.lic Service Company of Colorado Corporation, and DOES I through D, 3

Inclusive 4

5 6

7 8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2G 27 28 Said amendment is necessitated by mistake in identifying the proper names of defendants, omission of the name of one of defen-dants, to wit, General Atomic Company, and typographical error with regard to Doe defendants.

Except as herein specifically amended, said complaint is hereby referred to and incorporated herein for the purpose as though fully set forth.

DATED: JOHN M. URQUHART, A.P.C.

By~"cfl.Jp t'~.r~--

MICHAEL D. WATERMAN Attorneys for Plaintiffs I _"

,4

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COPY (DOCKET NO. 50-37)

GENERAL DYNAMICS CORPORATION

. If;

.f:!':"

• "':'=:..

License No. CX-3

1. Pursuant to the Atomic Energy Act of 1954 (hereinafter "the Act") ahe Atomic

• Energy Commission (hereinafter "the Commission") has found:

a.

That the utilization facility authorized for construction by Construction Permit No. CPCX-7 dated June 18, 1957, and issued to General Dyaamics Corporation has been*constructed and will operate in conformity with the application as amended (as described hereinafter) and in conformity with the Act and the rules and regulations of the Commission.

b. There is reasonable assurance that the facility can be operated without endangering the health and safety of the public.

c.

General Dynamics Corporation is technically and financially qualified to operate the facility.

2.

Subject to the conditions and requirements incorporated herein, the Commission hereby licenses General Dynamics Corporation:

a. Pursuant to Section 104c of the Act and Title 10, C.F.R., Chapter I, Part 50, "Licensing Qf Production and Utilization Facilities", to possess and operate as a utilization facility the critical experiments facility desig-nated below.

b. Pursuant to the Act and Title 10, C.F.R., Chapter I, Part 70, "Special Nuclear Material", to use in operation of the facility the special nuclear material covered by License No. SNM-69 as amended, issued to General Dynamics Corporation.

c. Pursuant to the Act and Title 10, C.F.R., Chapter I, Part 30, "Licensing of Byproduct Material", to possess, but not to separate from the fuel, such byproduct material as may be produced from operation of the facilitye

3. This license applies to the facility which is owned by General Dynamics Corporation and located at Torrey Pines Mesa in San Diego, California, and described in General Dynamic§ Corporation's application filed October 26, 1956, and amendments to the application filed on December 10, 1956, December 12, 1966, January 28, 1957, February 18, 1957, March 28, 1957, and June 3, 1957, (hereinafter "the application").

e e

4.

This license shall be deemed to contain and be subject to the conditions specified in Section 50.54 of Part 50 and Section 70.32 of Part 70; is subject to all applicalle provisions of the Act and rules, regulations and orders of the CoDDission now or hereafter in effect; and is subject to any additional conditions specified or incorporated below.

5.

No critical experiment other than the uranium foil experiments described in the application may be conducted in the facility until a description of the experiment and a Hazards Summary Report shall have been submitted to the Commission and the Commission shall have specifically authorized the experimental activity.

6.

The conditions and requirements contained in Appendix "A", attached hereto, are a part of this license.

7.

This license is effective as of the date of issuance and shall expire at midnight, June 18, 1962, unless sooner terminated.

Attachment:

Appendix "A" FOR THE ATOMIC ENERGY COMMISSION

/s/ H. L. Price H. L. Price Director Division of Civilian Application Date of Issuance: August 13, 1957

APPENDIX "A"

• Experiments General Dynamics Corporation is authorized to perform the critical experiments described in the application.

Any changes in the experiments as described in the application must be authorized by the Commission.

Operating Restrictions General Dynamics Corporation shall operate the facility in accordance with the procedures described in the application.

Records In addition to those otherwise required under this license and applicable regulations, General Dynamics Corporation shall keep the following records:

a. Facility operating records.

b.

Records containing a description, procedures, and results for each critical experiment performed.

c.

Records showing radioactivity released or discharged into the air or water beyond the effective control of General Dynamics Corporation as measured at the point of such release or discharge.

d.

Records of emergancy scrams, including reasons for emergency shutdowns.

Reports General Dynamics Corporation shall immediately report to the Commission any indication or occurrence ofa possible unsafe condition relating to the operation of the facility.

GENERAL DYNAMICS CORPORATION (DOCKET NO. 50-37)

AMENDMENT TO UTILIZATION FACILITY LICENSE License No. CX-3 Amendment No. 1 Paragraph I of Appendix "A" of License No. CX-3 issued to General Dynamics Corporation on August 13, 1957, is hereby amended to read as follows:

Experiments General Dynamics Corporation is authorized to perform the critical experiments described in the application.

and in the Corporation's request for license* amendment dated August 21, 1957. Any changes in the experiments as described in the application and in the request dated August 21, 1957 must be authorized by the Commission.

FOR THE ATOMIC ENERGY COMMISSION

/s/ H *. L. Price H. L. Price Director Division of Civilian Application Date of Issuance:.August 26, 1957.

• liOCKET NO. 50-37 GENERAL DYNAMICS CORPORATION

• License No. CX-3 As Amended

1. The Atomic Energy Conmission (hereinafter referred to as "the Commission")

finds that:

a.

The utilization facility authorized for construction by Con-struction Permit No. CPCX-7 dated June 18, 1957 and issued to General Dynamics Corporation has been constructed and will operate in conformity with the application as amended and in conformity with the Atomic Energy Act of 1954, as amended (hereinafter referred to as "the Act")

and the rules and regulations of the Commission;

b.

There is reasonable assurance that the facility can be operated without endangering the health and safety of the public;

c.

General Dynamics Corporation is technically and financially qualified to operate the facility;

d.

Issuance of a license to possess and operate the facility will not be inimical to the common defense and security or to the health and safety of the public;

e. General Dynamics Corporation has submitted proof of finan-cial protection which satisfies the requirements of Coumission regulations currently in effect.

2.

Subject to the conditions and requirements incorporated herein, the Cormnission hereby licenses General Dynamics Corporation:

a.

Pursuant to Section 104c of the Act and Title 10, CFR, Chapter I, Part 50, "Licensing of Production and Utili-zation Facilities", to possess and operate as a utili-zation facility the critical experiments facility desig-nated below and to conduct therein the experiments described in the application in accordance with the pro-cedures described therein.

b.

Pursuant to the Act and Title 10, CFR, Chapter I, Part 70, "Special Nuclear Material", to use in operation of the facility the special nuclear material covered by License No.

SNM-69 as amended, issued to General Dynamics Corporation.

c. Pursuant to the Act and Title 10, CFR, Chapter I, Part 30, "Licensing of Byproduct Material", to possess, but not to separate such byproduct material as may be produced from operation of the facility.

3.

This license applies to the facility which is owned by General Dynamiss Corporation and loated at Torrey Pines Mesa, in San Diego, California, and described in General Dynamics Corporation's application dated October 20, 1956, and amendments thereto dated December 5, 1956, December 7, 1956, January 25, 1957, February 15, 1957, March 26, 1957, May 9, 1957, August 21, 1957, Kovember 27, 1957, January 15, 1958, March 3, 1958, May 5, 1958, and May 6, 1958 (herein referred to as "the application").

4.

This license shall be deemed to contain and be subject to the conditions specified in Section 50.54 of Part 50 and Section 70.32 of Part 70; is sub-ject to all applicable provisions of the Act and rules, regulations and orders of the Commission now or hereafter in effect, and is subject to the additional conditions specified or incorporated below:

a.

Excess reactivity for any experiment shall not exceed 0.5%.

b.

No experiments other than the experiments described in the application may be conducted in the facility until a descrip-tion of the experiment and a Hazards Summary Report shall have been filed to the CoDlllission and the Commission shall have specifically authorized the experimental activity.

c. Whenever liquid poison is put into the core sufficient experi-ments must be performed to insure that the void. coefficient of the poisoned core is negative throughout the core before other experiments are performed using the poisoned reactor.

d.

Only solid poison shall be used in the expermments described in the amendment to the application dated May 5, 1958.

e.

In addition to those otherwise required under this license and applicable regulations, general Dyaainics Corporation shall keep the following records:

(1) Facility operating records.

(2)

Records oontaining a description, procedures, and results for each critical experiment performed.

(3)

Records showing radioactivity released or discharged into the air or water beyond the effective control of General Dynamics Corporation as measured at the point of such release or discharge.

(4)

Records of emergency scrams, including reasons for emergency shutdowns.

F.

General Dynamics Corporation shall immediately report to the Commission any indication or occurrence of a possible unsafe condition relating to the operation of the facility.

S.

This license is effective as of the date of issuance and shall expire at midnight June 18, 1962, unless sooner terminated.

FOR THE ATOMIC ENERGY COMMISSION

/s/ H. L. Price H. L. Price Director Division of Licensing and Regulation Date of Issuance:

June 26, 1958

L DYNAIIICS CORP<mATION.

DOCKET NO. 50-37 AMENDMENT TO UTILIZATION FACILITY LICENSE License No. CX-3, as amended General Dynamics Corporation, by two amendments dated May 28, 1958 to its application for license, requested AEC authorization to (1) erect a graphite thermal column on one side of the existing CIRGA facility reflector and measure the effects of various reflecting and shielding materials placed around the thermal column and (2) modify the CIRGA facility and perform certain e111>eriments with the modified facility to simulate and provide test data for a new reactor to be designated the REGA research reactor, at the Corporation's critical experiments facility located at Torrey Pines Mesa, San Diego, California.

Paragraph 3 of License No. CX-3, as amended, is hereby amended to read as follows:

3. This license applies to the facility which is owned by General Dynamics Corporation and located at Torrey Pines Mesa, in San Diego, California, and described in General Dynamics Corporation's appli-cation dated October 20, 1956 and amendments thereto dated December 5, 1956, December 7, 1956, January 25, 1957, February 15, 1957, March 26, 1957, May 9, 1957, August 21, 1957, November 27, 1957, January 15, 1958, March 3, 1958, May 5, 1958, May 6, 1958, and two amendments dated May 28, 1958 (herein collectively referred to as "the application").

The Atomic Energy Conmission has found that operation of the facility in accordance with the terms and conditions of the license as amended will not be inimical to the common defense and security and to the health and safety of the public.

FOR. THE ATOMIC ENERGY COMMISSION Is/ H. L. Price..

H. L. Price Director Division of Licensing and Regulation Date of Issuance: July 18, 1958