ML19141A211
| ML19141A211 | |
| Person / Time | |
|---|---|
| Site: | Crane, 07001333  |
| Issue date: | 12/11/1973 |
| From: | US Atomic Energy Commission (AEC) |
| To: | |
| References | |
| Download: ML19141A211 (95) | |
Text
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UNITED STATES ATOh,1 IC ENERGY COMM ISSiON WA5Hlh'G1"0N. O.C. 205(5 DEC 11 1973 Uock~t No. 70-1333 Indemnity Agreomont No. B-64 Thia Indemnity Agreomont No. B-64 ia ontered i~to by and bratween Metropolitan Edison Company Jersey Central Power & Light Company Pennsylvania Electric Company (herein:;:~ter referred to es the "liconsuo") e.nd t.ha United Statca Atomic Energy Co,:irilia!lion (hereinafter referred to.U..'il the 11Co-m,..ni0oion 11
) pur.iuimt to eubsection 170c of the Atomic Emrrgy Act of 1954,.ri~ runonded (harein-Qf t:or roferred to as "tho Act").
ARTICLE I As used in thio agreement:
- l.
"Nuclear re.actor," "byproduct rnc.tarial 11 11 "person," "tiourctJ material," and "special nuclear matorial 11 ilhi'lll hsvo the meaningn given them in the Atomic Energy Act of 1954: ~s emended, end the reguletiona isDucd by the Com:ni~aion, 2~
Except where other.dse sp;;cificdly provided, 11smount ot' fin.:J.n-cial protection 11 me.ans the a."llount ~pecifi:ed in Item 2a and b, of thie Attachreent anne.~ed hereto, as modified by pa.~agraph 8, Articla II, with reapect to common occurrences.
3.(a) uNt.clesr incident" means any occurronc.~, including an extra-ordinary nuclear occurrenca, or eer1ea of occurrcncga at tha location or in tho couraa of tranaportstion ceun1ng bodily injt.1ry, aick.nMa, dieas.ae, or death, or loas of or drunage to prop2rty, or lom,3 of uzio of property, arising out of or roaulting from tho radiQactive, toxic, explosive, or other haz11rdou& propertiG: -of rthe r.&dioactive material.
(b) Any occurrence, including an extraordinary nuclear occurrence, or series of occurrences cauaing bodily injury~ 8ickn.e~a, diDeasa, or death, or lotis oi or damage to property,,or.:tose of us\\'f\\ of prope::ty,
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.* ariaing out of or reoulting from the radioactive, toxic, explosive, or other hazardoua properties of
- i. The. radioactive material discharged o:r. dispersed from the location over a period of days, weeks, months or longer, and also arioing out of such propertiaa of other material defined as '
1the radioactive material" in any other agreement or agreements entered into by the Commiaaion under subsection 170c or k of the Act and so discharged or -di8peraed from "the location" aa defined in any such other agreement; or ii. The radioactive material in the course of transportation and also arising out of. auch propertieo of other material defined in any other agreement entered into by the Cor:imisaion pursuant to subsection 170c or k of the Act aa,
11 the radio-active material" and which iij in the course of transportation shall be deemed to be a common occurrence.
A ccmmon occurrence shall be deemed to constitute a singl~ nuclear incident"
- 4.
11Extraordinary nuclear occurr-ence" means an event which tha Commission has deter.mined to ba an excraordinary nuclear cccuz-rence as dafinGd in the Atomic Energy Act of 1954, as amer.ded.
- 5.
"In the course of transportation" neans 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 the radioactive material to the loca~ion, such transportation is not by predetermination to be interrupted by the removal of the material from ths transporting conveyance for any purpose other than the continuation of such trana-portation to the lo~ation or temporary storage incidental thereco; (b) The transportation of the radioactive m...terial from the l~ca-tion shall be deemed to end when the. radioactive material ia removed from the tranaporting =onveyence for any purpose other than the con-tinuance of transportation or temporary storage incidental thereto; (c)."In the courae of transportation" as used in this agreement:
shall not include transportation of the radioactive material to the
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location if the materiel ;!.s. also l'in tha course of tranaportn.tion" from any other 11locntionll as defined. ;!_n any other agreement entered into by the Commisoion pursuant to subsection 170c or k of the Act.
- 6.
"Pere on indemnif ie.d" means. the. licencee and any other person.
who may be liable for public liability,
- 7.
"Public liability" means any legal liability arising out of or resulting from a nuclear incident, except (1) claims under State. or Federal Workmen's Cc.,mpenaat:ion Acts of emplcyaea of persons indemni-fied who are employed (a) at the location or, if the nuclear iucident occurs in the course of transportation of the radioactive material,
.on the transporting vehicle, and (b) in connection with the licensee's possession, use or transfer of the radiol:.ctive material; (2) claims arising out of an act of war; and (3) clai~s for loss of, or damage to, or loss of uae of (a) property which i3 located at the location and used in connection with the licenseets possession, use, or trans-fer of the radioactive material, and (b) ii the nuclear*incident occurs in the course of transportation of the radioactive material, the transporting vehicle, containers used in such transportation, and th~ =~dioecti'\\"e m.QtP.,.'i.t-1)..
- 8.
"The location" means the location described in.Item 4 of the Attachment hereto,
- 9.
"The radioactive material" means aourc:e, special nuclear., and byproduct material which (l-). is uaed. o-r -:o be used in, or is-ir.-
radiated or to be irradiated by, the nuclear reactor or reactors subject to the license or licenses. designated in the At.tachment.
hereto, or (2) which ia produced as the,:result of operation of said reactor(s),
.10.
"United States" when used in a gecgraphlcal sense includes. all Territories and poaseaaiona of the United States, the Canal Zone and Puerto Rico.
ARTICLE II
- l.
At all times during the term of* the li,canse or licenses desig-nated_ in Item 3 of the Attachlt.ent hereto~ 'the licensee will maintain financial protection in the amount. specif:i:ed in Item 2 of the Actach-ment and in the form of the nuclear enar;gy liability insurance policy B
designated in the Attachment.
If more than one license is deaignated in Item 3 of the Attachment, the licensee agrees to maintain such financial protection until the end of the term of that license which will be the last to expire.
The licensee shall, notwithatanding. the expitation, termination, modification, amendment, suspension or revo-cation of any license or licenaes. designated iu Item 3. of the Atta~h-ment, maintain such financial-protection in effect until all r.:he. radio-active material has been removed from the. location and t;,;anspor.i:ation of the radioactive material from the location has ended aa. d.aiined. in subparagraph 5 (b), Article I, or until the Corunisc.i1on..;.utho~izea. the termination or the modification. of auch fim,ncial pro.tection-. - The Conunission will not unreasonably withhold such authorization,.
- 2.
In the event of any payment by the insurer or inau:rers under* a policy or policies spec1fied in 1-tcm 5 of the Attachment h.areto.wh-i~h reducea the aggregate limit of such policy or policie& bslow the amount of financial protect1onJ the licensee will promptly afply to. his ina~rers for reinstatement of the. amount opecified. in Item 2a of the Attac.hment (without reference to paragraph. b 0f Item 2) and will m..ake-all. reasonable efforts to obtain such. reirtotate::ient-In the event. th.:it-the li.:ensee. haa not obtained rein.s-catemen-t-of. such amount within ninety days af-ter. the date of such reduction, and. 1n tha absence of gooci ~auo~- Qhu~u-zo. ~he contrary, the Commiasion may issue an order requiring.i::h:a. lic.en;;;ee-to furnish financial protection for 5uch amount in another form,
- 3.
Any obligadons of the. licensee under subsec-cion 53a (8) of. the Act to indemnify the United. Statea and. the Comm1ssion. £rem publ.ic liability, together with any public liability aatiafied by the in-surers under the policy or policies designated in the Attachment hereto,.shall not in the aggregate excesd che. amount of. finan~ial.
protection with respsc.t to any nuclear. incident, inc.luding the. reason-able costs of investigating and settling claim~ and defending sui~5 for damage,.
4..
With respect to any extraordinary nucl.ear occ.uzzence. co which thia agreement applies, the Commiasion.,. and. the. licensee on bc:chali-of.its elf and other persons indemnified, insofar as their intereaca appear, ea~h agree to waive (a) any issue or defense as to the conduct of the claimant o~
fault of persons indemm.f ied, including, but not limit:ed to B
(1) negligence; (2) contributory negligence; (3) assumption of the risk; (4) unforseeable intervening causes, wheth~r involving the conduct of a third person or an act of God.
As used herein, "conduct of the claimant" includes conduct of persons through whom the claimant derives his cause of action;
. (b) any issue or defense as to charitable or governi."l'le-ntal immunity; (c) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his injury or damage and the cause thereof, but in no event more than ten years after the date of the nuclear incident.
The waiver of any such issue or defense shall be affective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.
The waivers shall
. be judicially enforceable in accordance with their terms by the claimant against the person indemnified.
- 5.
The waivers set forth in paragraph 4 of this Article:
(a) shall not preclude a defense based upon a failure to take reasonable steps to mitigate damages;
.(b) shall not apply to injury or*damage to a claimant or to a claimant's property which is intentionally sustained by the claimant or which results from a nuclear incident intentior.ally and wrong-
_fully caused by the claimant; (c) shall not apply to injury to a claimant who is employed at the site of and in connection with the activity where the extra-ordinar*y nuclear occurrence takes place if benefits therefor are either payable or required to be provided und~r any workmen's com-pensation or occupational disease law:
Provided, however, That with respect to an extraordinary nuclear occurrence occ~rring at the facility, a claimant who is employed at the fa~ility in connection
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- 6 with the construction of a nuclear reactor with respect to which no operating license has be~n issued by the Atomic Energy Commission shall not be consider-ed as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(1) the claime.nt is employed exclusively in connection with the construction of a nuclear reactor, including all related equipment and installations at the.facility, and (2) no operating license. has been issued by the AEC with respect to the nuclear reactor, and (3) the cfaimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility.
(d) shall not apply to any claim for punitive or exemplary damages 1 provided, with respect to any claim for wrongful death under any State law which provi.des for daraages only punitive in nature, this exclusion does not apply to the extent that the clai..-;;..s..-;,t r:.:::.s su8te..iri.ed ec:-tuaJ damages~ measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under such law; (e) shall be effective only with respect to those obligations set forth in this agreement; (f) shall not apply to, or prejudice the prosecution or defense of, any claim or portion of claim which is npt *within the pro-tection afforded under (1) the limit of liability provisions under subsection 170e of the Atomic Energy Act of 1954, as amended, and (2) the terms of this agreement and the terms of the nuclear energy liability insurance policy or policies designated in the attachment hereto.
- 6.
The obligations of the licensee under this agreement shall apply only with respect to nuclear incidents occurring during the tenn of this agreement,
- 7.
Upon the expiration or revocation of any license designated in Item 3 of the Attachment, the Commission will enter.into an appropriate amendment of this agreement with the licen9ee reducing the amount of financial protection required under this Article; provided, that the license~ is then entitled to a reduction in the amount of financial protection under applicable Commission regulations and orders.
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- 8.
With respect to any common occurrence:
- (a)
If the sum of the limit of liability of any Nuclear Energy Linbility Ineurunco Association policy designated in Item 5 of the Attuchment and the limits of liability of all other nuclear energy liability insurance policieo (facility form) applicable to such common occurrence and issued by Nuclear Energy Liability Insurance Association exceeds $73,625,000, the amount of financial protection specified in Item 2a nnd b of the Attachment shall be deemed to be reduced by that proportion of the difference between said sum and
$73,625,000 as the limit of liability of the Nuclear Energy Liability Insurance Association policy deoignatcd in Item 5 of the Attachme~t bears to the sum of the limits of liability of all nuclear energy linbility insuranc~ policiea (facility form) applicable to such common occurrence und issued by Nuclear Energy Liability Insurance AErn ocin t ion j (b)
If the sum of the limit of liability of any Mutual Atomic Energy Llability Und~rrlriters policy designated in Item 5 of the Attachnent and the limits of linbility of all other nuclear energy liability insurance policies (facility form) applicable to such common occurrence. and iasued by Mutual Atomic Energy Liability Uncier-wtii:!!i:"B.:;xcaccl5 $21,375,000, f-.-.o.<,mr-,m,t-nf :f:i.nancisl protection specified in Item 2.i end b of the Attr;chm;;Jnt ahall be deemed to be reduced by that proportion of the difference between said sun and
$21,375,000 aa the limit of liability of the Mutual Atomic Energy Liability Under~riters policy d~aignated in It~m 5 of the Attachment bears to the sum of the limits of liabj,lity of all nuclear energy liability insurance policies (facility form) applicable to such common occurrence and issued by Mutual Atomic Energy Liability Underwriters:
(c)
If any 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 Nuclear Energy Liability Insurance 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 of financial protection estnbliehed under all other applicable agreements exceeds $95,000,000, the obligations of the licensee shall not exceed
- a greater proportion of $95,000,000 than the amount of financial pro-tection established under this agreement bears to the sum of such emount and the amounts of financial protection established under all other applicable agreements.
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(d)
As usP-cl in this paragraph 8, Article II, and in Article III, "other cpplicable agreements 11 neans each other agreement entered into by the Corrimission pursuant to subsection 170c of the Act in which agreement the nuclear incident is de.fined 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 5Je(8) of the Act to indemnify the United States and the Commission from public liability, together with any public liability satisfied by the insurers under the policy or policies design*ated in the Attach~ent, and the reasonable costs of investigating and settling
- claims and defending suits for damage,
- 9.
The obligations of the licensee under this Article sha11 not be affected by any failure or default on the part of the Conunission or the Government of the United States to fulfill any or ali of its obligations under this agreement, Bankruptcy or insolvency of any person indemnified other than the iicensee, or the estate of any person indemnified other than the licensee, shall not reiieve the licensee of any of his obligations hereunder.
ARTICLE III
- 1.
The Counnission undertakes and agrees to indemnify and hold harmless 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; provided, that the obligation of the Commission under this paragraph 2 does not apply with respect to:
- (a)
Property 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 da~3ge due to the neglect of the person indemnified to use all reasonable means to save and preserve the property after knowledge of a nuclear incident; (c)
If the nuclear incident occurs in the course of transportation of the radioactive material, the transporting vehicles and containers used in such transportation; (d)
The radioactive material.
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- 3.
The Commission agre~s to indemnify and hold harmless the licensee ond other persons inde1m1ified as their interest may appear, from the re~Honnhle coots of investigating, settling and defending claims for pub I.le liability.
4,(n) 1~c obligations of the Commission under this agreement shall apply only with respect to such public liability, such damage to property of persona legally liable for the nuclear incident (other*
than such property d2scribed in the proviso to paragraph 2 of this Article),. and ouch rensonable cents deacribed in ~aragraph 3 of this Article as in the ag~regate exceed the amount of financial protection.
(b)
With respect to a common occurrence, the obligations of the Cormnission under this agreement shall apply only with respect to
- such public liability, cuch damage to property of persona legally liable for the nuclear incidQnt (other than such property described in the proviso to paragraph 2 of this Article), and to such reason-able coots described in paragraph 3 of this Article 9 aa in the aggregate exceed whichever of the following is lower:
(1)
The sum of the amounts of financial protection established under this agreement and all other applicable agreements; or (2)
$95,000,000.
S.
The obligations of the Commission uthli!r i:.hii:i agi:~cwi:i',t.;ha.11 apply only with respect to nuclear incidents occurring during the term of this agreement,
- 6.
The obligations of the Cor::miasion under this and all other ngrecments and contracts to which the Commission is a party shall not, with respect to any nuclear incident, in the aggregate exceed whichever of the following is the lowest:
(a) $500,000,000; (b)
$560,000,000 lesa the amount of financial protection requir~d under this agreement; or (c) with respect to a common occurrence,
$560,000,000 less the sum of the amounts of financial protection established under this agreement and all other applicable ogr~ements.
- 7.
The obligations of the Commiasion under this agreement, except to the licensee for damage to property of the licensee, shall not be affected by any failure on the part of the licensee to fulfill its obligations under this agreement.
Bankruptcy or insolvency of the licensee or any other person indeonified or of the estate of the licensee or any other person indemnified shall not relieve the Commission of any of its obligations hereunder.
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When tho Commission determinae that the ]};.1.ited States will probably be requ:i.red to wake. inde:nnity. payn:ent.f.! under the. provisions.
of thia ag;ree::nent, ths Commission shall, have time right: to. co1laborate.
with the licens.aa and. other. pe:raons. inda.:inifj_ed. in. the settlement. and.
defense of any claim and shall. ha'l!e. the. right.,(o..) tci.. require. the. prior approval of tho Coz;,.r.:iasion for. the settlement.r,r payment:. of. any. cl~im or action aaserted againat the licensee or.other per:son.ind.smnified for public li£.bility or dc.mnge. to property of ]versona. l~gally.. liable for the nuclear incident.which.claim or* action.the. licensee. or-th~..
c*ommiaaion may be required. to indemnify under this agreement.;- and.
(b) to appear through. tha Attorney. General of the United. St.ates. on behalf of the licenaae or other person indemniiicd, tnke charge. of such action and settle. or. def end any such act:i.tc7'1.
J.f the. settlement or defense of any such action or clcim ia unde::.taken by. the. Ccm:nission, the licenoee shall furnish all reasonable uasi~tance in effecting s settlement or asaerting a defonae.
- 2.
Neither this asreemont. nor any intereat therein nor claim.
thereunder may be asaignad or tr~nsferred with©ut tha* approval of the Commission.
ARTICLE V The parties agree that they. will enter into app:ropriate amendments. of this agreement to the extent that euch umendmenta are required pursuant-~o-the Atomic Energy Act of 1954, as amended, or licenses, regulations or orders of the Commission.
ARTICLE VI The licensee
- agreea to pay to the. Commiasion.. such fees as are. established by the Commisaion pursuant to regulations or orders of the Com..~ission.
ARTICLE VII The term of this agreement shall.co~.mence. as of the date and time. specified in Item 6 of the Attachment. and shall te:rm.inatce. a.t the time. of. expira.tion of that license. specified in Item 3 of the Attachment,. which is. the.. last. to.. expire; provided that, except a.a may otherwise be. prov.ided.in applicable regulation;;
or orders of the Commission, the term of. this agreement. shall not. terminate until all the radioactive material has been remove.;i. from. th.a.. location. and transportation of the radioactive material. from tha location.has. ended as defined in subparagraph S(b),.Article. I~. Termination of the. term of. this agreement shall not affect any obligation. of the licensee or. any obligation of the Commission under this agreement with re*sp.e.ct to. any nuclear incident occurring during the term of this agreement.
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.. UNITED STATES ATOMIC ENERGY COMMISSION ATTACHMENT Item l - Licensee Address Indemnity Agreement No. B-64 Metropolitan Edison Company Jersey Central Power & Light Company Pennsylvania Electric Company P. 0. Box 542 Reading, Pennsylvania 19603 Item 2 - Amount of financial protection
- a.
$1,000,000
- b.
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 Attachment 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.
Item 3 - License number or numbers SNM-1313 Item 4 - Location All of the premises including the land and all buildings and structures known as the Three Mile Island Nuclear Station including but not limited to Units i and 2.
The Three Mile Island Nuclear Station is located,.on Three Mile Island near the east shore of the Susquehanna *River above York Haven Dam.
The site is located approximately ten (10) miles southeast of the city of Harrisburg in Londonderry Township, Dauphin County, Pennsylvania.
Item 5 - Insurance Policy No(s).
Nuclear Energy Liability Policy (Facility Form) No. NF-220 issued by Nuclear Energy Liability lnsurance Association.
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Item 6 - The indemnity agreement designated above, of which this Attach~nt is ~ µ,art, is e_f_f.ective as J9f_ 12:01 a.m. on the ;~A~'f71 day of 12-~,,__,.,,__.?.-.., 1973.
FOR THE UNITED STATES ATOMIC ENERGY COMMISSION
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Jerome Saltzman, Deputy Chief 7 Office of Anti trust/& Indemnity Directorate of Licensing FOR BY FOR BY FOR BY Dated.9J! ~e~,~~sda, Ma_[yl and, the~ay of.t,2,-~~~ 1973.
METROPOLITAN EDISON COMPANY Y. //
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PENNSYLVANIA ELECTRIC COMPANY
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UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 Docket No. 70-1333 AMENDMENT TO INDEMNITY AGREEMENT NO~ B-64 AMENDMENT NO.~ 1 Effective March 1, 1974, Indemnity Agreement No. B-64, between Metropolitan Edison Company,-Jersey Central & Light Company and Pennsylvania Electric Company and the Atomic Energy Commission, dated December 11, 1973, is hereby amended'as follows:
The amount "$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 11$85,.250, 000" is substituted therefor.
_The amount "$21,375,000" is deleted wherever it appears and the amount "$24,750,000" is substituted therefor.
FOR THE UNITED STATES ATOMIC ENERGY COMMISSION
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~me Saltzman, Depu~hief Office of Antitrust~Indemnity Directorate of Licensing
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, 1974 PENNSYLVANIA ELECTRIC-COMPANY Accepted -
April 1
, 1974
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Docket No. 50-289 I
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..J UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 AMENDMENT TO INDEMN ITV AGREEMENT NO. B-64 AMENDMENT NO. 2 Effective
.t\\PR 1 9 197*4
, Indemnity Agreement No. 8-64, bet\\<1een Metropo"litan Edison Company, Jersey Central & Light Company, and Pennsylvania Electric Company and the Atomic Energy Commission, dated December 11, 1973, as amended, is hereby further amended as follows:
Item 2a of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:
Item 2 - Amount of financial protection
- a.
$1,000,000 (From 12:01 a.m., December 11, 1973, to 12:00 midnight, APR 18 1974 inclusive)
$110,000,000 (From 12:01 a.m.,
APR -' 9 1974 Item 3 of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:
Item 3 - Licence number or numbers SNM-1313 DPR-50 (From 12:01 a.m., December 11, 1973, to 12:00 midnight,.
JJ.PR 18 1974 inclusive)
(From 12:01 a.m.,
APR 19 1974 Item 5 of the Attachment to the indemnity agreement is amended by adding the fo 11 mvi ng:
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Nuclear Energy Liability Policy (Facility Form) No. MF-73
- issued by Mutual Atomic Energy Liability Underwriters.
FOR THE UNITED STATES ATOMIC ENERGY COMMISSION
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, 1974
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, 1974
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket No. 50-289 AMENDMENT TO INDEMNITY AGREEMENT NO. B-64 AMENDMENT NO. 3 Effective March 21, 1975, Indemnity Agreement No. B-64, between Metropolitan Edison Company, Jersey Central Power &
Light Company, and Pennsylvania Electric Company, and the Atomic Energy Commission, dated December 11, 1973, 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,oo*o" is deleted wherever it appears and the a!llount "$28,125,000 11 is substituted therefor.
Item 2a of the Attachment to the indemnity agreement is deleted in its entirety and -~he following substituted therefor:
Item 2-Amount of financial protection
- a.
1,000,000 (From 12:01 a.m., December 11, 1973, t 12 midnight, April 18, 1974, inclusive) 110,000,000 (From 12:01 a.m., April 19, 1974, to 12 midnight, March 20, 1975, inclusive)
'-W***-----*-*--* -*---* ****-***--**-**-******-
- I l 125,000,000 (From 12:01 a.m., March 21, 1975)
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION
__)~~
. Jerome. Saltzman, Deputy Chief Office of Antitrust.& Indemnity Nuclear Reactor Regulation
.Accepted April 7,
, 19 7 5 0 y1
~ I By 1C~ ~\\A.fl\\
METROPOLITAN EDISON--GGMP-ANY_
~ICE PRESIDENT Accepted ___
Ap._r~i""""l'--1"""". _____, 19 75 By JERSEY CENTRAL:* POWER &. LIGHT COMPANY
- t.
V VICE PRESIDENT Accepted
_,:/ /c/
, 1975 By~,/ /G~:-_, Q
'-PENNSYLVANIA ELECTRIC COMPANY VICE PRESIDENT
)_
---~
- UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 AMENDMENT TO INDEMNITY AGREEMENT NO. B-64 AMENDMENT NO. 4 Effective SEP 2 3 1976
., Indemnity Agreement No. B-64,
.between Metropolitan Edison Company, Jersey Central Power &
Light Company, and Pennsylvania Electric Company, and the Atomic Energy Cammi ss ion, dated December 11, 1973,* as amended, is hereby
- further amended as follows:
Item *3 of the Attachment to the indemnity agreemerit is deleted in its entirety and the following substituted therefor:.
Item 3 - License number or numbers.
f f-
-\\ !,,,-4 _.
SNM-1313 (From 12:01 a.m., December ll, 1973, to 12 midnight, April *1s, 1974, inclusive)
DPR-50 SNM-1671 (From 12:01 a.m., April 19, 1974)
(From 12:01 a.m.,.c:r:p
,... :-_: 1 1'\\7
)
~ -... *" *.
- i_ 6 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Ace epted_...,-~;_,--
.,_/~c"-_,-r.... --'--. -""""' 5,,_-_,., ___
. (.-----~-) -. )
/)
. (i By___/* J. VI../.
L~.._,~ _ __._,X, PENNSYLVANIA ELECTRIC COMPANY 1976
I I I /
I
/
- 1 METROPOLITAN EDISON COMPANY
I 'P,*.>u*,;nov O'F*ro;:,,,r.P'1' DLJG! 'C,,-IL,-,.,,,*: "ORPO"<AT/('*' 1
/
,,u~_,, _*'"'", --- u_,, __.,,- L,
~--_*.,,,
.,.,.... c,,
n
" /
L ___ _
POST OFFICE BOX 542 READING, PENNSYLVANIA 19603 January *14, 1977 GQL 0049 TELEPHONE 215 - 929-3601 Mr. L. C. Rouse Fuel Processing & Fabrication Branch Division of Fuel Cycle & Material Safety U. S. Nuclear Regulatory Commission Washington, D. C.
20555
Dear Sir:
Docket Nos. 50-289/50-320 License Nos. DPR-50/CPPR-66 Three Mile Island Nuclear Station P.mendment to Indemnity Agreement No. B-64 Enclosed is an executed copy of the P.mendment to Indemnity Agreement No. B-64 in accordance with your letter dated Septemb~r 28, 1976.
RCA:JRS:eg Sincerely, Sigr.ed ** R. C. Arnold R. C. Arnold Vice President
Enclosure:
Am. 4 to Indemnity Agreement No. B-64 cc: Mr. J. Saltzman, Chief Antitrust & Indemnity Group Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D. C.
20555
//
/
I
Docket No. 50-289 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 AMENDMENT TO INDEMNITY AGREEMENT NO. B-64 AMENDMENT NO. 5 Effective MAY 1 iS77
, Indemnity Agreement No. B-64, between Metropolitan Edison Company, Jersey Central Power & Light Company, and Pennsylvania Electric Company, and the Atomic Energy Commission,.
dated December 11, 1973, as amended, is hereby further amended as follows:
The amount 11$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 11$31,500,000 11 is substituted therefor.
Item 2a of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:
Item 2 - Amount of financial protection
- a.
$1,000,000
$110,000,000 (From 12:01 a.m., December 11, 1973, to 12 midnight, April 18,1974, inclusive)
(From 12:01 a.m., April 19, 1974, to 12 midnight, March 20, 1975, inclusive)
r- -
I fr ' ' - I~
I. f
,, $125,000,000 (From 12:01 a.m., March 21, 1975, to 12 midnight, APf: 3 0 1377 inclusive)
$140,000,000 (From 12 :01 a.m.,
MAY 1 iSi7 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION
-*--:-:.**:.:~,,e_/',,.
/.;.. _r;--
~--)<F~-.,
.,,,,.., v**....,..-,-~_.,.. ~-,~~*
/
--Jerome Saltzman, Chief Antitrust & Indemnity Group Nuclear Reactor Regulation Accepted
_;r,-/ 2 t
, 1977
---~,-~----
.')
/
/
/
By
/.'
METRO POLIT
. *v,-,)'..[
!SON COMPAN Accepted
.:S/ 11
, 1977 Accepted
- ..5-~
1
, 1977
=-1L.t.-----------
)
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 FEB 8 1978 AMENDMENT TO INDEMNITY AGREEMENT NO. B-64 AMENDMENT NO. 6 Effective Metropolitan Pennsylvania December 11, m 8 1978
, Indemnity Agreement No. B-64, between Edison Company, Jersey Central Power & Light Company, and Electric Company, and the Atomic Energy Commission, dated 1973, as amended~ is hereby further amended as follows:
Item 3 of the Attachment to* the indemnity agreement is deleted in its entirety and the fo 11 owing substituted therefor:
Item 3 License number or numbers Accepted SNM-1313 DPR-50 SNM-1671 DPR-73
/S-, 1978 (From 12:01 a.m., December 11, 1973, to 12 midnight, April 18, 1974; inclusive)
(From 12:01 a.m., April 19, 1974)
(From 12:01 a.m., September 28, 1976 to 12 mi dni ght,FEB 7 1978 inclusive)
(Fram 1 2 : 01 a. m., FEB 8 1978
)
___._k_/J _. z_J ___, 1918
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket Nos. 50-289 50-320 AMENDMENT TO INDEMNITY AGREEMENT NO. B-64 AMENDMENT NO. 7 Effective August 1, 1977, Indemnity Agreement No. B-64, between Metropolitan Edison Company, Jersey Central Power & Light Company, and Pennsylvania Electric Company, and the Atomic Energy Commission, dated December 11, 1973,. as amended, is hereby further amended by adding a new Article VIII to read as follows:
11ARTICLE VI II 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.
112.
113_
\\. >
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 t~ey will not pay the assessment.
Such financial statements s~all include, as a minimum, exhibits indicating i nterna llyg,,enerated funds from operations and accumulated retained earnings.
Subsequent submission of financial statements by such licensees may be requested by the Commission, as required.
If premiums are paid by the Commission as provided in paragraph l, 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 Commiss*ion 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.II FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION
~;;/:~*~=" r --~~-~ ;
Jerome Saltzman, Chief Antitrust and Indemnity Group Office of Nuclear Reactor Regulation
~ 11 l
Accepted 7 /,.
978
,.I-----------
Accep ted ____ ~__,,-/,-=-,;._.1r
___________, 19 78 BQu) C,__Q PENNSYLVANIA ELECTRIC COMPANY J
Docket Nos. 50-289 50-320 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 AMENDMENT TO INDEMNITY AGREEMENT NO. B-64 AMENDMENT NO. 8 Effective May 1, 1979, Indemnity Agreement No. B-64, between Metropolitan Edison Company, Jersey Central Power & Light Company, and Pennsylvania Electric Company, and the Atomic Energy Commission, dated December 11, 1973, 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 is deleted wherever it appears and the amount 11$36,000,000 11 is substituted therefor.
Item 2a of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:
Item 2 - Amount of financial protection
- a.
$1,000,000
$110,000,000
-$125,000,000 (From 12:01 a.m., December 11, 1973, to 12 midnight, April 18, 1974, inclusive)
(From 12:01 a.m. April 19, 1974, to 12 midnight, March 20, 1975, inclusive)
(From 12:01 a.m., March 21, 1975, to 12 midnight, April 30, 1977, inclusive)
$140,000,000*
$160,000,000* (From 12:01 a.m., May 1, 1977, to 12 midnight, April 30, 1979, inclusive)
(From 12:01 a.m., May 1, 1979)
FOR THE UNITED. STATES NUCLEAR REGULATORY COMMISSION Jerome Saltzman, Chief Antitrust & Indemni Group Office of Nuclear Reactor Regulation Accepted ___________, 1979 By _____________ _
METROPOLITAN EDISON COMPANY
- Accepted ___________, 1979 By
-J=E=R=s E=Y:--c=E=N=TR::-::A:--:-L-,P::-:::0:-:-:W=ER=--=-&-:L--=I=GH=T:--C=o=M:=-PA=N=Y-Accepted ___________, 1979 By
_P_E_N_Ns=Y~LV~A~N~IA;,--...E~L E~c=T.,....,R I~c-c"=""'o=M-=-PA="""'N=v---'-
- and, as of August 1, 1977, the amount available as secondary financial protection.
I
UNITED STATES.
NUCLEAR REGULATORY COMMISSION WASHINGTON; D. C. 20555 Docket Nos~ 50-289
. 50-320 AMENDMENT TO INDEMNITY AGREEMENT NO. 8-64 AMENDMENT NO. 9.
Effective May 1, 1977, Indemnity Agreement No. 8;_64, between;Metropolitan Edison.Company, Jersey Central Power & Light Company, and Pennsylvania Electric Company, and the Atomic Energy Commission, dated December 11, 1973, 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 andany other.
nation,. including handling or temporary storage incidental*
thereto, of the radioacti,ve material to the location or from the location provided.that:
FOR THE UNITED STATES NUCLEAR REGULATORY.COMMI.SS.ION
- * ~ * *
. *.* Jerome Saltzman, Chi Antitrust & Indemni Group
- Office of Nuclear Reactor Regulation
. Acc*epted *
- ____
........,.........,.. ___ ~------ *1979.*
- sy{~~IA~NY
- Docket No. 50-289 50-320 UNITED STATES l)IU~LEAR REGULATORY COMMISSk,,,.
WASHINGTON, D. C. 20555 Amendment to Indemnity Agreement No. B-64 Amendment No.lo Effective June 1, 1980, Indemnity Agreement No. B-64 between Metropolitan Edison Company, Jersey Central Power & Light Company, and Pennsylvania Electric Company, and the Atomic Energy Commission, dated December 11, 1973, as amended, is hereby further amended as fo l*l ows:
- 1.
Article II, Paragraph 8 is revised as follows:
- 8.
With respect to any common occurrence arising out of an accident under DPR-50, or with respect to any common occurrence arising out of an accident under DPR-73 subsequent to May 1, 1979, which is determined by the Cormtission to be an "extraordinary nuclear occurrence"(a) If the sum of the limit of liability of any Nuclear Enef9y Liability Insurance Association policy designated in Item 5 of the Attachment and the limits of liability of all othef*nuclear energy liability insurance policies {facility fonn) applicable to such common occurrence and issued by Nuclear Energy Liability Insurance Association exceeds $124,000,000, the amount of financial protection specified in Item 2a and b of the Attachment shall be deemed to be reduced by that proportion of the difference between said sum and $124,000,000 as the limit of liability of the Nuclear.Energy Liability Insurance Association policy designated in Item 5 of the Attachment bears to the sum of the limits of liability of all nuclear energy liability insurance policies (facility fonn} applicable to such coll1Don occurrence issued by Nuclear Energy Liability Insurance Association.
(b)
If the sum of the limit of liability of any Mutual Atomic Energy Liability Underwriters policy designated in Item 5 of the Attachment and the limits of liability of all other nuclear enerlJY liability insurance policies (facility fonn} applicable to such common occurrence and issued by Mutual Atomic Energy Liability Underwriters exceeds,. $36,000,000, the amount of financial protection specified in Item 2a and b of the Attachment shall be deemed to be reduced by that proportion of the difference between said sum and $36,000,000 as the limit of liability of the Mutual Atomic Energy Liability Underwriters policy designated in Item 5 of. the Attachment bears to the sum of the limits of liability of all nuclear energy liability insurance policies (facility form} applicable to such coTIIIIOn occurrence and issued by Mutual Atomic Energy Liability Undentriters*.
(c}
If. any of the other applicable agreements is with a person who has furnished financial protection in a fonn other than a nuclear energy liability insurance policy (facility fonn}
issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters, and 'if also the sum of the amount of financial protection established under this agreement and the amounts of financial protection established
~nder all other applicable agreements exceeds an amount equal to tne sum of $160,000,000 and the amount available as secondary financial protection, the obligation of.the licensee shall not*
exceed a greater proportion of an amount equal to the sum of
$160,000,000 and the amount available as secondary financial protection, than the amount of financial protection established under this agreement bears to the sum Qf such amount and the
- amounts of financial protection established under all other applicable agreements.
(d)
As used in this paragraph 8, Article II, and in Article III, "other applicable agreements" means each other agreement entered into by the Commtssion pursuant to subsection 170c of the Act in which agreement the nuclear incident is defined as a "conman 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 indemnify the United States and the Commission from public liability, together wi_th any public liability satisfied 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 ~amage..
- 2.
A new Paragraph 9 is inserted in Article II to read as follows:
- 9.
With respect to any co1J1J1on occurrence arising out of an accident under DPR-73 subsequent to May 1, 1979, which is not determined by the Commission to be an "extraordinary nuclear
_occurrence" (a) If the SUffl. of the limit of liability of any Nuclear Energy Liability Insurance Association policy designated in Item 5 of the Attachment and the limits of liability of all other nuclear energy liability insurance policies (facility fonn) applicable to such conman occurrence and issued by
- *-- Nuclear Energy Liability Insurance Association exceeds $108,500,000 the amount of financial protection specified in Item 2a and b of the Attachment shall be deemed to be reduced by that proportion of the difference between said sum and $108,500,000 as the limit of liability of the Nuclear Energy Liability Insurance Association policy designated in Item 5 of the Attachment bears to the sum of the limits of liability of all nuclear energy liability insurance policies (facility form) applicable to such co11111on occurrence issued by Nuclear Energy Liability Insurance Association.
(b) If the sum of the limit of liability of any Mutual Atomic Energy Liability Underwriters policy designated in Item 5 of the Attachment and the limits of liability of all other nuclear energy liability insurance policies (facility form) applicable to such conman occurrence and issued by Mutual Atomic Energy Liability Underwriters exceeds $31,500,000, the amount of financial protection specified in Item 2a and b of the Attachment shall be deemed to be reduced by that proportion of the difference between said sum and $31,500,000 as the limit of liability of the Mutual Atomic Energy Liability Underwriters policy designated in Item 5 of the Attachment bears to the sum of the limits of liability of all nu.clear energy liability insurance policies (facility form) applic~bte to such common occurrence and issued by Mutua 1 Atomi' c Energy Li ab il ity Underwriters :
("c)
If any of the other applicant 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 Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters, and if also the sum of the amount of financial protection established under this agreement and the amounts of financial protection established under all other applicable agreements exceeds an amount equal to the sum of $140,000,000 and the amount available as secondary financial protection, the obligation of the licensee shall not exceed a greater proportion of an amount equal to the sum of
$140,000,000 and the amount available as secondary financial protection, than the amount of financial protection established under this agreement bears:* to the sum of such amount and the amounts of financial protection established under all other applicable agreements.
(d}
As used in this paragraph 9, Article II, and in Article III, 11other applicable agreements 11 means each other agreement entered into by the Conmission pursuant to subsection 170c of
$r--
the Act in which agreement the nuclear incident is defined as a
11 comnon occurrence."
As used in this paragraph 8, Article II, 11the obligations of the licensee 11 means the obligations of the licensee under subsection 53e(8) of the Act to indemnify the United States and the Conunission from public liability, together with any public. liability satisfied 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.
- 3.
Article II, paragraph 9 is renumbered as paragraph 10 and reads as follows:
- 10. 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, for the estate of any person indemnified other than the licensee, shall not relieve the licensee of any of his obligations hereunder.
- 4.
Article III, paragraph 4(b) is revised-as follows:
4{b) With respect to a coJ1111on"-occurrence arising out of an accident under DPR-50, or with~respect to any co11111on occurrence arising out of an accident under DPR-73 subsequent to May 1, 1979 which is detennined by the Co11111ission to be an 11extraordinary nuclear occurrence, 11 the obligations of the Commission _under this agreement shall apply only with respect to such public liability, such damage to property of persons legally liable for the nuclear incident (other* than such property described in the proviso to paragraph 2 of this Article), and 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 protection established under this agreement and_ all other applicable agreements; or (2) an amount equal to the sum of $160,000,000 and the amount available as secondart financial protection.
- 5.
A new paragraph 4(c) is added to Article III, to read as follows:
4(c) With respect to a common occurrence arising out of an accident under DPR-73 subsequent to May l, 1979 which is detennined by the Commission not to be an "extraordinary nuclear occurrence,"
~
p
~5-the obligations of the Coninission under this agreement shall apply only with respect to such public liability, such damage to property of persons legally liable for the nuclear incident (other than such property described in the proviso to paragraph 2 of this Article), and to such reasonable costs described in paragraph 3.of this Article, as in the aggregate exceed whichever of t&.e following is lower:
{l) The sum of the amounts of financial protection established under this agreement and all other applicable agreements; or (2) an amount equal to the sum of $140,000,000 and the amount available as secondary financial -
protection.
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION.
Accepted 1982 By ME""""TR..,,..,..OP,,....O.....
L r"""'r'"""'AN..........
E--D r....
s""""oN-CO
..... M"""P"""'AN~Y,....
Accepted _________ l 982 By
'""'JE-R,...,.S"""EY..--.CE,,,..,N"""'TRA-.L...,P.... O.....
WE""""R.......-&.....
L.,..,IG"""'H-T COMPANY Accepted _________ l 982 By
""""PE,,....N-N"""'sY""""L""""V"""'AN"""'r'""'"A""'"'E....
L""""E"""'cr"""'R"""'I.,,..C """c-oM"""P"""'A"""NY Jerome Saltzman, Assistant Director State and Licensee Relations Office of State Programs
Di st r i but i on :
r
~, ~ubje~!: ~PU NucJ.ear Corfe~ration'\\J O_LR:0:-/;** *... *.
~ H~ * ~\\
DrR:R/F NSIC
~
T ERA I,
PD R 1i n J,.r LDPR 1*
l7:0 OELD r>
/""
~ /\\.,7 1 I
Docket Nos. 50-289 50-320 I. D
~ n ~ tz R/ F r'1l q r n O \\ 1o I.D1n1tz vv D. Nash J. Saltzman AMENDMENT TO INDEMNITY AGREEMENT NO. B-64 AMENDMENT NO. 1 l~
Effective January 1, 1982, Indemnity Agreement No. B-64, between Metropolitan Edison Company, Jersey Central Power and Light Company, and Pennsylvania Electric Company. and the Atomic Energy C00111ission, dated December 11,.
1973, as amended, is hereby further amended as follows:
Wherever the names "Metropolitan Edison Company", "Jersey Central Power and Light Company", and 11Pennsyl vania Electric Company" appear in the indemnity agreement, the following named licensee is added:
"GPU Nuclear Corporation" FOR THE NUCLEAR REGULATORY cor.f11SSION Jerome Saltzman, Assistant Director State and Licensee Relations Office of State Programs ACCEPTED 1982 ACCEPTED 1982 BY BY
=ME==m=opll:">o"""("'="f t"""A"'N..-E=o=1=so-N-:o-::,Crn-1-P=AN=v-P=EN"""'H"""sy-["""'Vl'TA=N I"""A,-..=:EL.-:,E""'c...
=1 R=1=c....,c=o=M=PA..... N Y
ACCEPTED 1982 ACCEPTED 1982 BY
-='JE==R=s-Ev-c-ENT-RA'"[-pow-E"""'R.... A=ND=-"["""1G=HT--
~
COMPANY BY
~v'~~
-s,,GP""'U-NO"""c-L-EA"""'R,....C"""o"""R"""PO"""RA~TI"'""O=N--
.. a-,.
Docket Nos. 50-289 50-320 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20566-0001 AMENDMENT TO INDEMNITY AGREEMENT NO. B-64 AMENDMENT NO. 13 Effective December 20, 1999
, Indemnity Agreement No. B-64, between Metropolitan Edison Company, Jersey Central Power and Light Company, Pennsylvania Electric Company,.
and GPU Nuclear Corporation, and the Atomic Energy Commission, dated Decemb~.r 11, 1973, as* amended, is hereby modified by deleting the present Attachment and substituting the following
Attachment:
- Item 1 - Licensee 1
- a.
Three Mile Island, Unit 1 Licensee Address AmerGen Energy Company, LLC 965 Chesterbrook Blvd.
Wayne, PA 19087
- b.
Three Mile Island, Unit 2 Licensee Metropolitan Edison Company d/b/a GPU Energy Jersey Central Power & Ught Company d/b/a GPU Energy Pennsylvania Electric Company d/b/a GPU Energy GPU Nuclear, Inc.
Address 300 Madison Avenue Morristown, NJ 079£?2~ 1911 1As used in Indemnity Agreement No. B-64, "Licensee" means AmerGen Energy Company, LLC, when referring to Three Mile Island Unit 1 or any obligation or liability pertaining to Unit 1; and Metropolitan Edison Company d/b/a GPU Energy, Jersey Central Power & Light
. Company d/b/a GPU Energy, Pennsylvania Electric Company d/b/a GPU Energy, and GPU Nuclear Inc. when referring to Three Mile Island Unit 2 or any obligation or liability of Unit 2. In Article II, paragraph 2 of Indemnity Agreement No. B-64, "licensee" refers only to the licensee owning a Unit that has caused insurance limits to be reduced. In Article VI and Article VIII, "licensee" refers only to the licensee of a unit that is subject to se*condary financial protection.
,~**
Item 2-Item 3-Amount of financial protection
- a.
$1,000,000
. $110,000,000
$125,000,000
$140,000,00<>2
$160,000,0002.
$200,000,00<>2 (From 12:01 a.m., December 11, 1973, to 12 midnight, April 18, 1974, inclusive)
(From 12:01 a.m., April 19, 1974 to 12 midnight, March 20, 1975, inclusive)
(From 12:01 a.m., March 21, 1975, to 12 midnight, April 30, 1977, inclusive).
(From 12:01 a.m., May 1, 1977, to 12 midnight, April 30, 1979, inclusive)
. (From 12:01 a.m., May 1, 1979, to
- 12 midnight, June 30, 1989, inclusive)
(From 12:01 a.m., July 1, 1989)
- b.
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 Attachment 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.
License number or numbers SNM-1313 DPR-50 (From 12:01 a.m., December 11, 1973, to 12 midnight, April 18, 1974, inclusive)
. l (From 12:01 a.m., April 19,1974) 2 and, as of August 1, 1977, the amount available as secondary financial protection, except that no participation in the.secondary financial protection program shall be required with respect to a reactor which has been permanently shut down, and where the licensee's authority to operate the unit as a power reactor has been removed by the Commission.
Item 4-
_3.:
SNM-1671 (From 12:01 a.m., September 28, 1976 to 12 midnight, February 7, 1976, inclusive)
DPR-73 (From 12:01 a.m., February 8, 1976)
Location.
All of the premises including the land and all buildings and structures known as the Three Mile.Island Nuclear Station including but not limited to Units 1 and 2.
The Three Mlle Island Nuclear Station is located on Three Mile Island near the east shore of the Susquehanna River above York Haven Dam. The site is located approximately ten (1 O miles) southeast of the city of Harrisburg in Londonderry Township, Dauphin County, Pennsylvania.
Item 5-
- Insurance Policy No.(s)
Item 6-Nuclear Energy Liability Policy (Facility Form) No. NF-220 issued by Nuclear Energy Liability Insurance Association.
This indemnity agreement designated above, of which this Attachment is a part, is effective as of 12:01 a.m. on the eleventh day of December, 1973.
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Cynt a A. Carpenter, Chie General Issues, Environmental, Financial and Rulemaking Branch Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation
I,*
- By Metropolitan Edison Company d/b/a GPU Energy Accepted i.
. ~
?t (J~c:;'
By Je~sey Central Power & Light Company d/b/a GP~ Energy Accepted ";
- i i, I.r;;;
By Pennsylvania Electric Company d/b/a GPU Energy Accepted
']ku....&,... 3*
ByGPUN~
, 1999 1* 1~.r,n.>
Accepted *
~ 11
, 1'999'"
ByAmetf!l~
UNITED STATES ATOM IC ENERGY COMMISSION WASHINGTON, O.C. 20545 METROPOLITAN EDISON COMPANY JERSEY CENTRAL POWER.AND LIGHT COMPANY PENNSYLVANIA ELECTRIC COMP.ANY (Three Mile Island Nuclear Station, Unit 1)
DOCKET NO. 50-289 FACILITY OPERATING LICENSE License No. DPR-50
- 1.
The Atomic Energy Commission (the.Commission) having found that:
- a.
The application for license filed by the Metropolitan Edison Company, Jersey Central Power and Light Company and the Pennsylvania Electric Company (the licensees) complies with the standards* and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter 1 and all required notifications to other agencies or bodies have been duly made;
- b.
Construction of the Three Mile Island Nuclear Station, Unit 1 (the facility) has been substantially completed in conformity with*
Construction Permit No. CPPR-40, the application, as amended, the provisions of the Act and the rules and regulations of the Commission;
- c.
The facility will operate in conformity with the application, as amended, the provisions of the Act, and the rules and regulations of the Commission;
- d.
There is reasonable assurance:
(1) that the activities authorized by this operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the rules and regulations*. of the Commission;
- e.
Metropolitan Edison Company is technically qualified and the licensees are financially qualified to engage in the activities authorized by this operating license in accordance with the rules and regulations of the Commission;
2 -
- f.
The licensees have satisfied the applicable provisions of 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," of the Commission's regulations;
- g.
The i.ssuarice of this operating license will not be inimical to the common defense and security or to the heaith and safety of the
. public;
- h.
After weighing the enviromental, economic, technical, and other benefits of the facility against environmental costs and considering available alternatives, the issuance of Facility Operating License No. DPR-50 is in accordance with 10 CFR Part 50, Appendix D, of the Commission's regulations and all applicable requirements of said Appendix D have been satisfied; and
- i. The receipt, possession, and use of source, byproduct and special nuclear material as authorized by this.license will be in.accordance with the Commission's regulations in 10 CFR Parts 30, 40 and 70, including 10 CFR Section 30.33, 40.32, 70.23 and 70.3L
- 2.
Facility Operating Lice~se No. DPR-50 is hereby issued to the Metropolitan Edison Company, Jersey Central Power and Light Company and Pennsylvania Electric Company to read as follows:
- a.
This license applies to the Three Mile Island Nuclear Station, Unit 1, a pressurized water reactor and associated equipment (the facility),
owned by the licensees and operated by Metropolitan Edison Company.
The facility is located in Dauphin County, Pennsylvania and is described in the "Final Safety Analysis Report" as supplemented*and amended (Amendments 1 through 4 7) and the Environmental Report as supplemented and amended (Amendments 1 and 2).
- b.
Subject to the conditions and requirements incorporated herein, the Commission hereby licenses:
(l)
(2)
Metropolitan Edison Company, pursuant. to Section 104b of the Act and 10 CFR Part 50, "Licensing of Production and Utilization Facilities," to possess, *use, and operate the facility; and *
.Jersey Central Power and Light Company and Pennsylvania Electric Company to possess the facility in accordance with the procedures and limitations set forth in this. license; Metropolitan Edison Company, pursuant to the Act and 10 CFR Parts 30, 40 and 70 to receive, possess and use at any time any byproduct, source and special nuclear material as reactor fuel, sealed neutron sources for reactor startup, sealed sources for reactor instrumentation and radiation monitoring equipment calibration, and as fission detectors in amounts as required for reactor operation; (3)
Metropolitan Edison Company, pursuant to the Act and 10 CFR Part 30 to receive, possess and use any time 100 millicuries each of any byproduct material without restriction to chemical or physical form, for sample analysis or instrument calibration; (4)
Metropolitan Edison Company, pursuant to the Act and 10 CFR Parts 40 and 70 to receive, possess and use any time 100 milligrams each of any source or special nuclear material without restriction to chemical *or physical form, for sample analysis or.instrument calibration; (5)
Metropolitan Edison Company, pursuant to the Act and 10 CFR Parts 30 and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.
- c. This license shall be deemed to contain and is subject to the con-ditions specified in the following Commission regulations in 10 CFR Chapter I: Part 20, Section 30.34 of.Part 30, Section 40.41 of Part 40, Section 50~54 and 50;59 of Part 50, and Section 70.32 of fart 70; is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:
(1)
Maximum Power Level Metropolitan Edison Company is authorized to operate the facility at steady state reactor core power levels not in excess of 2535 megawatts thermal.
However, the operating power level of the plant is limited to 19% of rated power (480 MWt) until the sodium thiosulfate storage tank for the reactor building spray system is repaired and returned to service.
This condition applies during the startup test program following the initial fuel*
loading of the reactor and is in force until the operability of the sodium thiosulfate tank is considered acceptable by.the Commission.
While this condition is in effect and the*plant power is no greater than*19% of rated power, the requirements of Technical Specification Appendix A, 3.3.l.3b with respect to the sodium thiosulfate tank do not apply.
(2)
Technical Specifications T.he Technical Specifications contained in Appendices.A and B attached hereto are hereby incorporated in this license.
Metropolitan Edison Company shall operate the facility in accordance with these Technical Specifications.
i
(
4 -
- d.
This license is effective as of the date of issuance and shall expire at midnight, May 18, 2008.
Attachment:
Appendices A and B - Technical Specifications Date of Issuance:
APR 1 FOR THE ATOMIC ENERGY COMMISSION Ori;~i nal :;igncd by A. G.iiun.busso A. Giambusso, Deputy Director for Reactor Projects Directorate of Licensing
UNITED STATES ATOHIC ENERGY COMMISSION DOCKET NO. 50-289 METROPOLITAN.EDISON COMPANY JERSEY CENTRAL POWER Al'ID LIGHT COMPAlTI PENNSYLVANIA ELECTRIC COMPANY
. NOTICE OF ISSUAf1CE OF A FACILITY OPERATING LICENSE Notice is hereby given that the Atomic Energy Com..mission (the Commission) has issued Facility Operating License No. DPR~SO to the Metropolitan Edison Company, Jersey Central Power and Light Company and the Pennsylvania Electric Company'authorizing operation of the Three Mile Island Nuclear Station, Unit 1, at steady state reactor core power levels not in excess of *2535 megawatts therm~l, in accordance with the provisions of the license and the Technical Specifications.
This license also contains conditions restricting power level to 480 MWt until both containmeµt spray additive tanks are operable.
The Three Mile Island Nuclear Station, Unit 1 is a pressurized water nuclear reactor located in Dauphin County, Pennsylvania.
The Commission has made appropriate findings as required by the Atomic Energy Act of 1954, as amend.ed (the Act), and the Commission 1 s rules and regulations in 10 CFR Chapter I, which are set forth in the license.
The application for the license compl:i,es with the standards and requirements of the Act and the Commission's rules and regulations.
The license is effective as of its date of issuance and shall expire on May 18, 2008.
A copy of (1) Facility Operating License No. DPR-50, complete with Technical Specifications (Appendices 11A 11 and 11B 11); (2) the report of the Advisory Committee on Reactor Safeguards, dated August 14, 1973; (3) the Directorate of Licensing's Safety Evaluation, dated July 11, 1973; (4) the Final Safety Analysis Report and amendments thereto; (5) the
J
{
2 -
applicant's Environmental Report dated October 1970 and revised environmental report dated December 1971 and supplements thereto; (6) the Draft Environmental Statement dated June 24, 1972; and (7) the Final Environmental Statement dated December 8, 1972, are available for public inspection at the Connnission's Public Document Room at 1717 H Street, N. W., Washington, D. C. and the Government Publications Section, State Library of Pennsylvania, Box 1601 (Education Building), Harrisburg, Pennsylvania.
A copy of the license and the Safety Evaluation may be obtained upon request addressed to the United States Atomic Energy Commission, Washington, D. C. 20545, Attention: Deputy Director for Reactor Projects, Directorate of Licensing.
Dated at Bethesda, Maryland, this 1 9 day of 1974.
FOR THE ATOMIC ENERGY COMMISSION Original Signed BY.i A. Schwencer. --'....Ll A. Schwencer, Chief Light Water Reactors Branch 2-3 Directorate of Licensing
~
f (C([])py UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON. D.C. 20545 MATERIALS LICENSE Pursuant to the Atomic Energy Act of 1954, as amended and Title 10, Code of Federal Regul~tions, Chapter 1 Parts 30 and 70, and in reliance on statements and representations heretofore made by the licensee, a license is hereby issued authorizing the licensee to receive and possess the byproduct and special nuclear materials designated below; to use such materials for the purpose(s) and at the place( s) designated below; and to trans fer such materials. to persons authorized to receive it in accordance with the regulations in said Parts.
This license shall be deemed to contain the conditions specified in Section 70.32(a) of said regulations, and is subject to all applicable rules, regulations, and ~rders of the Atomic Energy Commission now or hereafter in effect and to any conditions specified below.
- 1. Licensee Metropolitan Edison Company
- 2. LicenseA'i.Addres.,!
P. O. Box 542 Reading, Pennsylvania 19603
- 6.
- Materials 3
- License No:
- 4. Docket No:
70.. 1333
- s. Expiration D1te:
August 31, 1974, or upon conversion of Construction Permit Noc CPPR-40 to an operating license, whichever ia earlier.
(a) Uranium enriched in the U-235 isotope (b) Cesium
- 7.
(c) Americium Licensee Ma Possess Under (a) 10,300 kilogrmns of U-235 as reactor fuel assemblies (b) 50. l curies of Cesium 137 (c) 800 curies of Americium
'1o./
r Docket 70-1333 Page 2 of 2 (a)
(b}
For receipt, poamessioa, inspection, storage ~nd the pack~ging for tran2po:r*t in accordance with th,a sta'i:emein'ts:i represent:8.'i::ion3 aki.cl
- eondU:ioi:u.i gpeeifid hi the liceru:i.:nB ta applic;ation dote~,d Jur;0 8, 1972 9 as supplemented October 15, 1973.
and (e) Far receipt~ possession and storage only in the shipping cont~inrs in which th0y ar0 rGceived.
- 9.
~thoxJz,Qe:i.£1-~1..:~.h,~.... JJ.ilJ.,!~
- The licen~rne 'a. Thr.?e Mil@ Is land Nucletar Station as deecribed in the aforesaid applicatioil~
- 10. The 1.icen.stae is hereby eY.empt~d fro;n the r.::quirements of Section 70o24~ 10 Cl'R 70 9 to the e;~t0nt that this aaction sppli~a to material covered under this license.
- 11. As further conditions of t:his licnse:
- a. Fuel assembli~~ ~hall be otored in 9uch a manner that should water drD.in f.:rom b.a*t'"w~en the i'iiSGemblies th.er& ls no poB8ibility of ret0ntion of water in or ~round the as aembl ies.
b.. No more 'CJl&n one ftlel ase:rembly ~hall be out: of approvad
~toregi!l racks.or ~hipping cont8in@ra eAt any onG tirua0 FoR THE UoS. ATOMIC ENERGY COMMISSION DATE DEC 111973 l>i._r_e_c-to_r_a_t_e_o-.:f-L,-. i_c_e_n_s_in_g _______ _
I*------***~.... -*--*-* -*-.
-.,J ~-...
NU.CLEAH ENEltC Y LIADILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY U_NDEHWRITEHS
- l.
Amendment of Advance Premium Endorscnwnt
- 2.
Standard Premium and Reserve Premium Endorsement
- 3.
Additional Premium Due
- 1.
Advance Premium It is agreed that the Amended Advance Premium due the companies for the. calendar year 1985 is
$132,553.12
- 2.
Standard Premium and Reserve Premium Subject to the provisions of the Industry Credit Rating Plan, it is*
agreed that the Standard Premium and Reserve Premium for the calendar year designated above are:
Standard Premium
$132,553.12 Reserve Premium
$100,065.37
- =-~-. ~-,,..-... --......._.,. __.._...
- 3.
Additional Premium __.$._4...,,._.1... 6,..2:..:.... 5:..:aO ________ _
Effective Date of this* endorsement January 1, 198.§ To form a part of Policy No.
MF-73 Issued to Metropolitan Edison Company, Jersey Central Power & Light Company, Pennsylvania Electric Company and GPU Nuclear Corporation Date of Is sue August 28, 1985 Endorsement No.
ME-36 For the Subscribing Companies MUTUAL AT01C ENERGY LIABILITY UNDJR\\r,RITERS
')
/
By*. -~- ~L~ll~r- :(;/~*1."c.::
\\
t*'t 72 Countc rsigned by --------------
A utho rizecl Representative This is to certify that this is a true copy of' the original Endorsement having the endorsement number and being made part' of the Nuclear Energy Liability Policy (Faci ity Form) as des-1gna ted hereon. N\\ Insurance is afforded lie. under.
~~.~~~~i\\
,lohn ~,. Quattrocchi, Vice PresidenH,iahility UnderwrWn"-'
A:mencan Nuclear Insurers 5
Nu<:
r Energy Licbility lnsur\\:'.Jnce
~ NUCLEAR ENERGY LIABILITY INSURANCE ASSOC\\.-.."ON Waiver of Defenses Endorsement (Extrcordinor; *Nuclecr Occurrence}
(FACILITY FORM)
The nomGd fosured 1 acting for himself and every other insured under the polii:y, end I*h-9 rnemh-ers of Nuclear Energy Uobility Insurance Association agree as fol lows:
1.. With re~pect to ony extroordincry nuclear occurrence to which the p:,lic>' applies as proof of finonc:icl protE;ction and *i,thich (o) Arises out of-or results from or occurs in the course of ihe construction, possession, or operation of the facility., or (b) Arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, th~:dnsureds and the companies og ree to waive (1} any issue or defense as to the conduct of the clcimcnt or the fault of the insuredsr including,. but not limited to;
(.,
I.
. 1, neg 1genca,
{ii) contributory negligence,
. (iii) assumption of risk, end (iv) unforeseeable intervening causes, whether invdving the conduct of a third person, or on cct of God,
{2',I any issue or defense as to charitable or govemmento I immunity, and (3) any i.ssue or defense b.,sed on any statute of limitcrions if suit is instituted within three years from the date on which the claimant first knew I er reasonably could have kncwn, of his bod~ly_ injury or property damage and the-cause thereof, but in no event more them te.n
.years ofter the cbte of the nuclear incident.
The waiver of any such !;sue or eieTense shall be effective regardless of whether such issue or defon!",e
- mcy other,.vis.e be deemed jurisdictional or relating to an element in the cause of action *
. 2 *. The waivers set forth.in paragro~ i *. cbvve do not opply to (a) Bodily injury or pr6party damage which is intentionol ly sustained by the da,mont or which results from a nuclear incident intentionall)" crn:l ~rongful!y caused by the dcimcnt; (b) E'odily injury sustained byar.y claimant who is employed at the site.of and in C
"th "
1 h
--1*
I onnec.ion,,..,
,t.e a,:n v1i'y where t e e:,ctrooro1 nor; nuc eor o:::cun-ence tokes place if benefits therefor are eii-her_ pciyobfs or required to be ?fOvided under any workmen;s corn~*
pemction or _oc:cupo~ioool disease law;.
(3)
. (4)*
(5)
.. (6)
(7)
Nutla.::ir Ensrgy Lfobihty !n~urzinc-3
~UC!.l:A:"{ ENERG' lABU.JTY INSURANCE J\\SSr"*"~ATlON As soon as pr;acticable after each December 31 and after the terrdnation of this policy, the
- standard premium for the* preceding calendar year shall _be finally determined 2.0d. stated..
in the Standard Premium Endorsement for that calendar year. If the standard premirim so determL'led exceeds* fi1e advance premium previously paid for such calendar year, th;: n.:!.med:
insured shall p*ay the excess to the companies; if less, the comp.mies shall return to the nam~
insured the excess portion paid by such insured.
The na.'Ued insured shall maintain records of the information necessary for premium computa-tion and shall send copies of such records to the comp.antes as directed, at the end of each c2.l-endar year, at the end of the policy period and at such other times during th~ policy p;!riod
- as the company may direct.
Use of Reserve /Premiums All reserve premiums paid or payable for this policy* may be us:d by the members of Nuciear Energ-J Liability Insurance Association. to. discharge th~ir obligations v,.ith respect to incurred losses whether such losses are incurred under this policy
- or under,my other policy issued by Nuclear Energy Liability Insurance Association or 1Yiutual,.
Atomic Energy Liability Underwriters.
Reserve Premium Refunds A portion of the reserve premium for this polity for the first cal~
endar year of any group of ten consecutive calendar years shall qe re~umable to the named in- *
- sured provided there is a re.serve for refunds at the end of the tenth calep.dar. year.* *.
Co~putation of Reserve 'Premium Refunds The reserve premium refund due the.name insured for any calendar year shall be determined.by multiplyir,g any if!.du._st_ry re.s~rye*.premium refund for.such calengar year by. the policy refund ratio for such calendar year. The re.serve* pre-mium refur.d for any calendar year shaU be finally detemtlned* as* soon as practicable aiier July -
1 of the tenth calendar year thereafter.
Final Premium The final premium for t.liis. policy shall be the sum of the standard premfri;;..s
- for each calendar year, or portion thereof, during which this policy remains in force Jess.
the sum of all refunds of,esen*e premiums due L~e named insured under the provisions of this Condition 1..
Reserve Pr~mium Refund* Agreement Each member of Nuclear Energy Liability
- Insurance Association subscribing this policy for any C.!1endar year, or.portion the:eof, thereby agrees for itseif, severally and not joiutly, and in the respective proportion of its linbility assumed under this policy for that calendar year, to return to the named insured that portion. of any reserve premium refund due the named insured for that calendar year, determined in "'ccord-ance mtb. the provisions of. this. Condition L Effectiv~ Date of this Endorsement
. Dec*~mber 3, 1973 To form a p;:irt of Policy No._._NF~---22
___ 0 _______ _
12:01 AM. Standard Time Metropolitan Edison _Company, Jersey __ Central Power & Light. Comp~ny and Pennsylvania Electric Company Issued to Date of Jssue~_D_ec_~~b_e_r_].~,._];973_
For th\\** subscribin.~ co_mpanies.
. I
.. By / 'e,--rv-tf-A.. /Ji_&..,~i'r-JL.-.
(
- Genfui 1*1anager
\\
\\
0
- Endo:3ement No.. - -* -~
- )~~.... _ -* --------
l
.I
.: j l
jI
.. *.1
- I*,
- l
- i. i j
i
Nuc:t~M Energy Li.!biHty Insurance NUCLEAR ENERG LIABILZTY INSURANCE.ASS(
ATION
- 1NDUSTRY CREDIT RATING PLAN*.
PREMIUM ENDORSEMENT It is agreed that Condition 1 of the policy is replaced by the following:
CONDITION 1. PRBvfIUM
- _. (1)
Definitions: With reference to the premium for this policy; "advance premh:m", for any. calendar year, is the estimated standard premium. for that calendar year; "_, *
"standard premium", for any calendar year, is the pre¢..ium for that calendar year computed in accordance with the companies' rules, rates, rating plans ( other than the Industry Credit Rating Plan), premiums and minimum premiums applicable to this.insurance;..
"reserve premf um" means* that p~rtion of the ;tandard premium paid to the companies* :ind
- specifically allocated under the Industry Credit Rating Plan for incurred losses. The amo!.lllt cf the "reserve premium" for this policy for any calendar year during which this policy is in force is the amount
- designated as such in the Standard Premium EndorseJ:7+ent for that caJ.e:adat year; "industry reserve premium", for any calendar year, is the sum of the resen1e premiums for that calendar year fer ail Nuclear Energy Liability Policies issued by Nuclear Energy Liability.
- Insurance Association and Mutual -Ator,.'li.c Energy Liability-Underv,*rlters -and subject ti) the.
Industry. Credit Ratiug Plan; "policy refund ratio", for any calendar year, is the ratio of the* named in.sure d's reserve pre~
- mium for that calendar year to_ the industry reser1e premium for that calendar year; "l"lcu"ed losse~' means the sum of:
(1) all lo_sses and expenses paid by Nuclear Energy Liability Insurance Association and Mu*
tual Atomic Energy Liability Underwriters, and (2) all reserves fer unp'aid losses and expenses as estimated by Nuclear Energy Liability fa..
surance Association and Mutual Atomic EnergyLiability Undenvriters because of obligations assumed and the expenses incurred in connection with such obligations by members of Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters under all Nuclear Energy Liability Policies issued by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters and sub-ject to the Industry Credit Rating Plan; "reserve for refunds, at the* end of any calendar year, is the a.mount by which (1) the sum of all industry reserve premiums for the period from January' 1, 1957 through the end of such
. calendar year exceeds (2) the total for the same period of (a) all ir.curred. losses, valued a,; of the next following July 1, and (b) all reserve premium rejunds made under the Industry Credit*
Rating Plan by members-at" Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters; "industry reserve premium refund", for any calendar year, is determined by multip1ying the reserve for refunds at the end of the ninth calendar year thereai~er by the ratio of the indus-try reser,;e premium for the calendar year for which the premium refund is being determined to the sum of such amount and the total industry reserve premiums for the next nine calendar
- years thereafter, provided that the industry reserve*. premium refund for any calendar year shall in no event be greater than the industry reserve premium for such calendar year.
(2)
Payment of Advance and Standard Premiums The named insured shall pay the companies the advance premium stated in the declarations, for the period from the effective date of t.hi:: policy through December 31 following. Thereafter, at the beginning cf each calendar year while this policy is
- in force, the named insured shall pay the advance premium for such year to tbe companies. The advance premium for each* calendar year shall be stated in the Advance Pie-rnium En.dorsement for such _calendar year issued to the nµ.i-ned insured as.soon as practicable prior to or after the beginning of such year.
. l II!* I IlI I
I I
I
. l
- .. J
/
l
occurrence shall be the sum of the limits of liability of an such policies, the limit of liabili:
f each such policy being as determin - " :;,y Condi- *
- tion 3 thereof, buw... no event shall such total aggregat
- i.bility of such members exceed $46,50b,OOO; (2) the total liability of the com:-.
- panies under this policy shall not exceed that proportion of the total aggregate liability of the members of *Nuclear Energy Liability
- Insurance Association, as stated in. clause (1) above, which (a) the limit of liability of this policy, as determined by Condition 3, bears to (b) the sum of the limits of liability of all such policies issued by such members, the limit cf liability of each such policy being as determined by ConditionB thereof.
The provisions** of this condition shall not operate to increase the* limit of the *companies' liability under this policy *.
__ :. IV *.. The second' paragraph. of Condition 12.. "0ther. Insurance". is amended.*---~--:.,.~-*.',~**-~~------
to read:.
. "If the insured has other valid and.collectible insurance (other than such concurrent insurance or any other nuclear energy liability insurance issued by Nuclear Energy Liability Insurance. Associa-tion or Mutual Atomic Energy Liability Underwriters to any person or organization) applicable to loss or ex-f!ense covered by this policy, the insttrance afforded by this policy sh.all be e.~cess insur-ance over such other insurance; provided, with respect to any person who is not employed at* and in *connection with the facility, such insurance as is afforded.by this policy for bodily injur.r to 2ll employee of the insured arising out of and in the cou.rse of his.
employment shall be primary insurance under such. other insurance."
- Effective Date of NF-220 du.!! Endcmcmenc___c._.._.....;D=e.::.c.;;e;.::m:::;b-=e-=r-:=3:...i,~1:.:9:,-:7,-::3~-:-:-:=::------To form :i part of Policy No __________ _
wued to.
Dateo£ Iss=
12:01 A..M. Sc.ccb.rd '!imc Metropolitan Edison* Company,,Tersey Central Power. & Light Company and Pennsylvania Electric ComP.any December 14, 1973 For the subscribing companies Manager Eacbrs.emcatNo Facility Form 1-1-61 Councersigc~ by
- Nude-- Energy LiabiHty !nsuram::e NUCLEAR ENERGY l!AB!LITY INSURANCE ASSOC...... J'lON It is agreed that:
.A.l\\IENDATORY ENDORSEMENT (Facility Form)
Is,*,
I. The first sentence of the defini~ion of nuclear facility is amended to*
read:
"nuclear facility means "the* facility" as clefined in any Nuclear---~--- ------::c..:... ~~~:-* __ -* -----* -'
Energy Liability Policy (Facility Form) issued by Nuclear Energy
- Liability Insurance Association or by Mutual Atomic Energy Liability *.
Underw1:iters.
Il. The definition of "indemnified nuclear facility" is replaced by the
- following:
"indemnified nuclear facility" means (1) "the facility as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability -Insurance*
Association or by Mutual Atomic Energy Liability Undenvr,iters, or (2) any other nuclear facil.:ty, if :financial protection is required pursuant to the Atomic Energy Act
_
- of 1954, or any law amendatory thereof, with respect to any activities or operations conducted thereat;
- m. Condition 4 is replaced by the follov,,ing:
. -*. ~. ::. :
LIMITATION OF LIABILITY; CO:MMON OCCURRENCE Any occur-rence or series of occurrences resulting in bodily injury or property damage. arising out of the radioactive, toxic, explosive or. other.
hazardous properties of
- (a) nuclear material discharged or aispersed from the facility over a period of days, weeks, months or longer and also arising* out of such properties of other nuclear material so discharged or dis-persed. from one or more other nu~lear facilities insured under any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association, or (b) source material, special nuclear materiai, spent fuel or waste in the cours*e of transportation for which insurance is afforded under this policy and also arising out of such properties of other source material, special nuclear material, spent. fuel or waste in the.
course of transportation for wl1ich insurance is afforded under one or more other Nuclea1* Energy Liability Policies (Facility Form) i~sued by Nuclear Energy Liability Insurance Association, shall be deemed to be a common occurrence resulting in bodily injury or property damage caused by the nucle.ar energy hazard.
With respect to such bodily injury and property damage (1) the total aggregate liability of the members of Nuclea:- Energy Liability Insurance Association under..all.Nude..TI" Energ-.1 Liabiljty Policies (Facility Form), including
- fois policy, :applicable_ t(? su;t:h:.. :~ommon _
1n:-u. PAGE I
Address of Nuclear En~rgy Liability Insurance Association Endorsement It is agreed that the address of the Nuclear Energy Liability Itisur~nce Association appearing in the "Company Representation 11 condition of the policy is amended to-read:
!27 John Street, New York, New York 10038"
~~cl thl; ~4':Tlt December..3,. 1973 12:01 IJL ~
Tum NF-220 Metropolitan Edison Company, Jersey Central Power §;_ Light Company and.J:.<;,~~~~~ia Electric Company
~--e"--
Dec.ember 14, 1973
-"" ~-------------
~~-1~
___ 3 ______ _
Nt:<27A (5/1/72)
By
. :,'Co,m~.ti,_.... ______________, -----
~,,.,,..
Amendment of Condition 4 Endorsement
- It is agreed that w_ith respect to bodily injury or property damage caused after the effec.tive date of this endorsement by the nuclear energy ha,.zard the figure $46,SOO*,OOO stated in Condition 4 of -the-pol-icy is amended to
- read $73>625~000.
.. H :..
- it,.
~fi'-ti~ D:.b cl tll.:s Ec.2o~t.--D_e_c_e_m_b_e~r-3-',:.-. _1_9_7_3 ________
To form ;,_ put o! ~&y No_N_F_-_2_2_0 __________ _
l:?:Ol A2,I.. ~
T=e Metropolitan 'Edison Company, Jersey Central Power & Light Company and Pennsylvania Electric Company December 14, 1973 By I
/!/A {g/V\\_(fr-.>...
or.ager
HUCLE.AR ENE~GY LIABU.. iTf POLJCY {FACH..HY fOHM]
,! ~,,.,,,,.,,.:'
/
AMENDMENT OF TRANSPORTATION. COVERAGE
( Indemnified Nuclear Facility}
It is agreed that the di:5nition of ".insured shipment" in Jnsuricg Agreement III is amended to read:
- *"iu11,*ed shipment" mcans* a shipment of ~urce material, :special nuclear material, spent fuel or waste, herdo called "materiaf," ( l).. to.. the iadHty_
from an/ loc:ition except an indemnified nuclear facility, but only if the transportation of the material is not by predetemun.:i.tion to be i.cterruptecl
- by.removal of the material from a transporting conveyance fo.: a::i}' purpose other.t.'1an th~ continuation of its. t:ransponatic~ or (2) from the facility to any other focatioii; but only,:until the rr..aterial U removed *from a transporting conveyance for,any purpose other than the: cooti.1uation of ic tran5portation."
Effective Date of NF-220 this Endorsrmeo~t --'D_e_c_e_m_b_e_r ___ ~3~,...,.*~i~9-'7-'3"--________ To fonn a part of Policy No*-------------*---
Metropolitan Edison Company,
..Issue-:! to * £1ectric ~ompany
......._. f December 14, 1973*
v:,;te o Issue ______________ _
1 Jersey Central Power & Light Company and Pennsyl~ania For th~ Subscribing Companies By
'C:c=tc-r:;;i8D,.!d *.by_. _________
,y'Y#I FEB,2 5 1982 Mr. J. S. Herbein Vice President Metropolitan Edison Company P. O. Box 480 Middletown:. PA 17057
Dear Mr. Herbein:
On October 26, 1981 l) the Commiss'ion published in the Federal Register
( 46 FR 52252) two proposed endorsements to your Facility Form poi icy for
-TM! Units 1 and 2 submitted by'the insurance pools..
These endorsements would provide an additional $20 -million in insurance for Unit 2 as well as reinstate funds paid out for 'claims arid expenses arising out of the March 28, 1979 nuclear incident.* These endorsements, Nos. 43 and 44, would apply only in a situation where a new incident at Unit 2 was declared by the Commission to be an "extraordinary nuclear occurrence 11 (ENO).
Also pub1 ished in the Federal Reqister: l!Jere proposed changes in Indei1111ity Agreement No. B-64to conforinto'"the niodificatiqns made in the endorsements.
No comments* \\'jere received on the notice.
The Commission is hereby granting you an exemption from the requirements of 10 CFR 140. ll (a)(4) to a11o\\'J You to provide the two endorsements!)
Nos. 43 and 44, as meeting the financial protection requirements of subsection 170 of the *Atomic En(frqy Act of 1954, as amended.
Enclosed are four copies of Indemnity Agreement No. B-6,l making changes to conform to the endorsements.
Pl ease exec*ute _all four copies and return one copy to us.
Sincerely,
{Signegl William J. Dire~.
William J. Dircks Executive Director for Operations NRC FORM 318 (10-80) NRCM 0240 OF ICIAL RECORD COPY
MEMORANDUM FOR:
William J. Dircks FROM:
SUBJECT:
Executive Dir~ctor for Operations G. Wayne Kerr~ :01 rector Office of State Programs FINANCIAL PROTECTION REQUIREMENTS FOR TMI UNITS 1 AND 2
('
In SECY-81-253, the staff discus'sed the question of whether th.e proposed endorsements submitted by the two 1 iability insurance pools, ANI and rtt\\ELU (see attachment 11A")~ to'~1etropo1itan 'Edison's Facility Form liability insurance policy for TMI Units *1 and 2 met the financial protection requirements of sub?ection l7cib. of the Atomic Energy Act of 1954, as amended.
These endor$en'tents, which provide an additfonal $20 million in insurance for Unit 2.as* well as reinstate funds paid out for claims and expenses arising mr.t 'of the March 28, 1979 nuclear incident, would apply only in a situation \\1here a new incident at Unit 2 was declared by the Conmission to fle an "extraordinary nuclear occurrence 11 (ENO).
The pools insisted on thl~ ENO provision to provide assurance that there tioul d have to be a distinct, nm~ incident in order for the additional $20 million to be ayaf1able. This new sum could then not be used to satisfy public liability *claims associated with the March 28 accident.
The staff recommended, and the Commission approved on October l~ 1981, at.l\\ffi nnati on Session 81-36, a proposed exemption from the requirements of 10 CFR 140.ll(a)(4) to allow the licensee to provide $l60 1nillion in primary insurance for Units 1 and 2 subject to the ENO stipulation.
described above.
In addition,* the 1Pools will reins*tate the funds paid out for claims and expenses re~ulting from the incident at TMI Unit 2.
TI1e two proposed endorsements implementing these changes in the licensee's Facility Form pol icy were published iri *the Federal Register on October 26 s 1981 ( 46 FR 52252) with a ~o' day comment period.. Al so pub 1 i.shed in accordance with 10 CFR 140.9 were prop*osed changes in Indemnity Agreement No. B-64 between the 1 icensee and the Comn1ission to conform to the changes made in the endorsements\\* No cmmients were received on the notice.
OFFICE.... * *******************************************************,, *,,,, **, ***, *, **, *, **, ***, *********,,,......., *****, *****************
SURNAME~.. *****...........................,.............................................................................................
DATE~..... ;................................... *****....................................................................................
NRC FORM 318 (10-80) NRCM 0240 OFFICIAL RECORD COPY I
i The staff has been informed that the insurance pools plan to issue their proposed endorsements for TM! Units l an'd 2. The staff now proposes that you grant an exemption from the requirements of 10 CFR 140.1l(a)(4}
to allow the licensee to provide the attached two endorsements in meeting its financial protection requirementsa Corresponding changes have also~
been made in the attached Inderiuii"ty Agreement No. B-64 {see attachment 11811)
- Enc 1 osures :
As stated APPROVED:
G.- Wayne Kerr, Di rector Office of State Programs Dated at Bethesda, Maryland, thi,s ::is-day of Fcb1' 1982.
Di st r i but ion : UN I TS ij,* and 2
- .. /
SUBJECT:
TM!
,1 V
SLR':.OSP DIR: R/F G. W. Kerr J. Saltzman
- n. Nash E. Jackel I... Di nitz I. ninitz R/F FOR THE NUCLEAR REGULATORY COMMISSION
/_s/
W~lliam J. Dircks Executive Director for Operations.
MEMORANDUM FOR:
William J. Dircks Executive Director for Operations.
FROM:
G. Wayne Kerr, Di rector Office of State Programs
SUBJECT:
FINANCIAL PROTECTION REQUIREMENTS FOR TMI UNITS l AND 2 In SECY-81-253, the staff discussed the question of whether the proposed endorsements s~bmitted by the two liability insurance pools, ANI and MAELU (see attachment 11A 11 ), to Metropolitan Edison's Fac-ility Form 1 iability insurance pol icy for TMI Units l and 2 met the financial protection requirements of subsection 170b. of the Atomic Energy Act of 1954, as amended.
These endorsements, which provide an additional $20 million in insurance for Unit 2 as well as reinstate funds paid out for claims and expenses arising out of the March 28, 1979 nuclear incident, would apply only in a situation where a new incident at Unit 2 was declared by the Commission to be an "extraordinary nuclear occurrence 11 (ENO).
The pools insisted on this ENO provision to provide assurance that there would have to be a distinct, new incident in order for the additional $20 million to be available. This new sum could then not be used to satisfy public liability claims associated with the March 28_
accident.
The staff recommended, atid the Commission approved on October 1, 1981, at Affirmation Session 81-36, a proposed exemption from the requirements of 10 CFR 140.ll(a)(4) to allow the licensee to provide $160 million in primary insurance for Units l and 2 subject to the ENO stipulation described above.
In addition, the pools will reinstate the funds paid out for claims and expenses resulting from the incident at TMI Unit 2.
The two proposed endorsements implementing these changes in the licensee's Facility Form policy were published in the Federal Register on October 26, 1981 (46 FR 52252) with a 30 day comment period. Also published in accordance with 10 CFR 140.9 were proposed changes in Indemnity Agreement No. 8-64 between the licensee and the Commission to conform to the changes made in the endorsements.
No comments were received on the notice.
~-- The staff has been informed that the i.nsurance pools plan to issue their proposed endorsements for TMI Units 1 and 2.
The staff now proposes that you grant an exemption from the requirements of 10 CFR 140.ll(a)(4) to allow the licensee to provide the attached two endorsements in meeting its fi"nancial protection requirements. Corresponding changes have also been made in the attached Indemnity Agreement No. B-64 (see attachment 118 ").
,f.. f.;.~(~~
Office of State Programs
Enclosures:
As stated APPROVED:
, ~
/'
Dated at Bethesda, Maryland, this.2-J day of/~, 1982.
FOR THE NUCLEAR REGULATORY COMMISSION l~Ar William J. Dircks Executive Director for Operations
ATTACHMENT 11A 11 The following two endorsements have been submitted by American Nuclear Insurers, one of the two insurance pools to restore the claims expense limits for Units 1 and 2 and to add $20 million in insurance for Unit 2.
The other insurance pool, Mutual Atomic Energy Liability Underwriters will issue identical endorsements except for the dollar amounts.
Nuclear Energy Liability Insurance Association - Restoration of Limit of Liability Endorsement (Extraordinary Nuclear Occurrence)
It is agreed that:
- 1.
On or about March 28, 1979 a nuclear incident originated (hereinafter called the March 28, 1979 incident) in connection with the ownership, operation, maintenance or use of the Unit 2 nuclear reactor situated at the location designated in Item 3 of the declarations.
- 2.
Payments made by the companies under this policy with respect to the March 28, 1979 incident have reduced by $1,786,863 the limit of the companies' liability stated in Item.4 of the declarations, as amended.
- 3.
The original limit of liability stated in Item 4 and the respective amended limits of liability stated in Endorsements 15, 20 and 31 are hereby restored to the amounts shown below but only with respect to obligations assumed or expenses incurred because of.bodily injury or property damage caused by the nuclear energy hazard due to an extraordinary nuclear occurrence which happens during the period from the effective date of this endorsement to the date of*
termination of the policy and arising out of the ownership, operation, maintenance or use of one or more of the two nuclear reactors situated at the location designated in Item 3 of the declarations; provided however, that such extraordinary nuclear occurrence is determined by the Nuclear Regulatory Commi.ssion to be an "extraordinary nuclear occurrence" pursuant to the provisions of its regulations and the Atomic Energy Act of 1954, as amended, and in effect on May 1, 1979:
Original limit stated in Item 4 ***.
Limit stated in Endorsement 15 ***.*
Limit stated in Endorsement 20 ****.
Limit stated in Endorsement 31.***.
$1,000,000 85,250,000 96,875,000 108,500,000
- 4.
The limits of liability, as described above and as restored to the extent provided by this endorsement, shall not be cumulative; and each payment made by the companies after the effective date of this endorsement for any loss or expense covered by the policy shall reduce by the amount of such payment each of such limits of liability regardless of which limit of liability applies with respect to the bodily injury or property damage out of which such loss or expense arises.
ATTACHMENT 11A 11 Effective date of this Endorsement:
June 1, 1980, which forms a part of policy No. NF-220, issued to Metropolitan Edison Company, Jersey Central Power & Light Company, and Pennsylvania Electric Company.
For the Subscribing Companies.
Date of Issue ---------
By*-........----=---------
General Manager Endorsement No. 43.
Countersigned by _________
~
ATTACHMENT "A" Nuclear Energy Liability Insurance Association - Supplemental Limit of Liability Endorsement
{Applicable Under Certain Conditions)
Whereas, there are two nuclear reactors at the location designated in Item 3 of thedeclarations known respectively as the Unit 1 nuclear reactor and the Unit 2 nuclear reactor; and Whereas, the limit of liability stated in Item 4 of the declarations of the policy as amended by Endorsements No. 15, 20 and 31 applies jointly and not severally to bodily injury and property damage caused by the nuclear energy hazard and arising out of the ownership, operation, maintenance or use of both nuclear reactors, together with all of the premises, land, buildings, and structures comprising the facility described in Item 3 of the declarations of the policy and all property and operations at the locations designated therein; and Whereas, such limit of liability, as amended, is reduced by each payment made by the companies for any loss or expense covered by the policy, all as more particularly provided by Condition 3 of the policy and Endorsements No. 15, 20 and 31; and Whereas, on or about March 28, 1979 a nuclear incident originated
{hereinafter called the March 28, 1979 incident) in connection with the ownership, operation, maintenance or use of the Unit 2 nuclear reactor, and Whereas, the companies are willing to supplement under certain conditions such portion of such limit as may. now or in the future be available with respect to bodily injury or property damage caused by the nuclear energy hazard after giving effect to the provisions of Condition 3 and Endorsements No. 15, 20 and 31.
Now, therefore, it is agreed that:
- 1.
In the event the past or future payments by the companies for loss or expense covered by the policy exhaust the limit of liability stated in Item 4 of the declarations, as amended by Endorsements 15, 20 and 31, and as restored by Endorsement 43, with respect only to obligations assumed or expenses incurred because of bodily injury or property damage caused during the period from May 1, 1979 to the date of termination of the policy by the nuclear energy hazard, the limit of the companies' liability shall be increased by
$15,500,000; provided, however; that this increase in the limit of the companies' liability shall not apply to bodily injury or property damage arising out of the ownership, operation, maintenance or use of the Unit 2 nuclear reactor unless such bodily injury or property ATTACHMENT 11A 11 damage results from a nuclear incident which is detennined by the Nuclear Regulatory Commission to be an 11extraordinary nuclear occurrence" pursuant to the provisions of its regulations and the
- Atomic Energy Act of 1954, as amended, and in effect on May 1,
1979.
- 2.
Each payment made by the companies *after the effective date of this endorsement shall reduce such limit of liability and each of the companies* limits of liabilty, as restored by Endorsement 43, by the amount of such payment* in the manner provided in Condition 3.
Effective Date of this Endorsement 12:01 A.M. Standard Time, June l, 1980, which forms a part of Policy No. NF-220, issued to Metropolitan Edison Company, Jersey Central Power & Light Company, and Pennsylvania Electric Company.
Date of Issue Fo.r the Subscribing Companies.
By_...,,,.__..,.......-----
President Endorsement No. 44.
Countersigned by*--------~
()
Docket No. 50-289 50-320 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 ATTACHMENT 118 11 Amendment to Indemnity Agreement No. B-64 Amendment No. 9 Effective June l, 1980, Indemnity Agreement No. B-64 between Metropolitan Edison Company, Jersey Central Power & Light Company, and Pennsylvania Electric Company, and the Atomic Energy Commission, dated December 11, 1973, as amended, is hereby further amended as follows:
- 1.
Article II, Paragraph 8 is revised as follows:
- 8.
With respect to any common occurrence arising out of an accident under DPR-50, or with respect to any common occurrence arising out of an accident under DPR-73 subsequent to May l, 1979, which is detennined by the Commission to be an "extraordinary nuclear occurrence"(a) If the sum of the limit of liability of any Nuclear Energy Liability Insurance Association policy designated in Item 5 of the Attachment and the limits of liability of all other nuclear energy liability insurance policies (facility fonn) applicable to such common occurrence and issued by Nuclear Energy Liability Insurance Association exceeds $124,000,000, the amount of financial protection specified in Item 2a and b of the Attachment shall be deemed to be reduced by that proportion of the difference between s*aid sum and $124,000,000 as the limit of liability of the Nuclear..-Energy Liability Insurance Association pol icy designated in Item 5 of the Attachment bears to the sum of the limits of liability of all nuclear energy liability insurance policies (facility form) applicable to such common occurrence issued by Nuclear Energy Liability Insurance Association.
(b)
If the sum of the limit of liability of any Mutual Atomic Energy Liability Underwriters policy designated in Item 5 of the Attachment and the limits of liability of all other nuclear energy liability insurance policies (facility form) applicable to such common occurrence and issued by Mutual Atomic Energy Liability Underwriters exceeds,. $36,000,000, the amount of financial protection specified in Item 2a and b of the Attachment shall be deemed to be reduced by that proportion of the difference between said sum and $36,000,000 as the limit of liability of the Mutual Atomic Energy Liability Underwriters policy designated
ATTA.CHM.F.~IT 11 8 II in Item 5 of the Attachment bears to the sum of the 1 imits of liability of all nuclear energy liab.ility insurance policies (facility form) applicable to such common occurrence and issued by Mutual Atomic Energy Liability Underwriters.
(c) If any 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 Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters, and if also 'the sum of the amount of financial protection established under this agreement and the amounts of financial protection established under all other applicable agreements exceeds an amount equal to the sum of $160,000,000 and the amount available as secondary financial protection, the obligation of the licensee shall not exceed a greater proportion of an amount equal to the sum of
$160,000,000 and the amount available as secondary financial protection, than the amount of financial protection established under this agreement bears to the sum of such amount and the
- amounts of financial protection established*under all other applicable agreements.
(d)
As used in this paragraph 8, Article II, and in Article III, 11other applicable agreements 11 means each other agreement entered into by the Commission pursuant to subsection 170c of the Act in which agreement the nuclear incident is defined as a*
11common occurrence.
11 As used in this paragraph 8, Article II, 11 the obligations of the licensee 11 means the obligations of the licensee under subsection 53e(8) of the Act to indemnify the United States and the Commission from public liability, together with any public liability satisfied by the insurers under the policy or polici~s designated in the Attachment, and the reasonable costs of investigating and settling claims and defending suits for ~amage.
- 2.
A new Paragraph 9 is inserted in Article II to read as follows:
- 9.
With respect to any common occurrence arising out of an accident under DPR-73 subsequent to May 1, 1979, which is not determined by the Commission to be an 11extraordinary nuclear occurrence 11 (a) If the sum of the limit of liability of any Nuclear Energy Liability Insurance Association policy designated in Item 5 of the Attachment and the limits of liability of all other nuclear energy liability insurance policies (facility form) applicable to such co!Tlnon occurrence and issued by
ATTACHMEl\\lT 11 8 11 Nuclear Energy Liability Insurance Association exceeds $108,500,000 the amount of financial protection specified in Item 2a and b of the Attachment shall be deemed to be reduced by that proportion of the difference between said sum and $108,500,000 as the limit of liability of the Nuclear Energy Liability Insurance Association policy designated in Item 5 of the Attachment bears to the sum of the limits of liability of all nuclear energy liability insurance policies (facility fonn) applicable to such common occurrence issued by Nuclear Energy Liability Insurance Association.
(b)
If the sum of the 1 imit of 1 iabil ity of any Mutual Atomic Energy Liability Underwriters policy designated in Item 5 of the Attachment and the limits of liability of *all other nuclear energy liability insurance policies (facility form) applicable to such common occurrence and issued by Mutual Atomic Energy Liability Underwriters exceeds $31,500,000, the amount of financial protection specified in Item 2a and b of the Attachment shall be deemed to be reduced by that proportion of the difference between said sum and $31,500,000 as the limit of liability of the Mutual Atomic Energy Liability Underwriters policy designated in Item 5 of the Attachment bears to the sum of the limits of liability of all nuclear energy liability insurance policies (facility form) applicable to such corrunon occurrence and issued by Mutual Atomic Energy Liability Underwriters:
('c)
If any of the other applicant 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 Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters, and if also the sum of the amount of financial protection established under this agreement and the amounts of financial protection established under a 11 other app l i cab 1 e agreements exceeds an amount equa 1 to the sum of $140,000,000 and the amount available as secondary financial protection, the obligation of the licensee shall not exceed a greater proportion of an amount equal to the sum of
$140,000,000 and the amount available as secondary financial protection,- than the amount of financial protection established under this agreement bears to the sum of such amount and the amounts of financial protection established under all other applicable agreements.
(d)
- As used in this paragraph 9, Article II, and in Article III, "other applicable agreements 11 means each other agreement entered into by the Corrmission pursuant to subsection 170c of
ATT.O.cHrinn 11B 11 the Act in which agreement the nuclear incident is defined as a "common occurrence.
11 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 indemnify the United States and the Commission from public liability, together with any public 1 iabil ity satisfied by the insurers under the policy or policies designated in the Attachment, and the reasonable costs of investigating and settling claims and:
def~riding suits for damage.
- 3.
Article II, paragraph 9 is renumbered as paragraph 10 and reads as follows:
- 10. 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, for the estate of any person indemnified other than the licensee, shall not relieve the licensee of any of his obligations hereunder.
- 4.
Article III, paragraph 4(b) is revised as follows:
4(b) With respect to a common occurrence arising out of an accident under DPR-50, or with respect to any.common occurrence arising out of an accident under DPR-73 subsequent to May 1, 1979 which is determined by the Commission to be an "extraordinary nuclear occurrence," the obligations of the Commission under this agreement shall apply only with respect to such public 1 iability, such damage to property of persons legally 1 iable for the nuclear incident (other than such property described in the proviso to paragraph 2 of this Article), and 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 protection established under this agreement and all other applicable agreements; or (2) an amount equal to the sum of $160,000,000 and the amount available as secondary financial protection.
- 5.
A new paragraph 4(c) is added to Article III, to read as follows:
4(c) With respect to a common occurrence arising out of an accident*
under DPR-73 subsequent to May 1, 1979 which is determined by the Conunission not to be an "extraordinary nuclear occurrence,"
'. ATTAC!~~*1F.MT 11 8 11 the obligations of the Corrmfssion un9er this agreement shall apply only with respect to such public liability, such damage to property of persons legally liable for the nuclear incident (other than such property described in the proviso to paragraph 2 of this Article), and 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 protection established under this agreement and all other applicable agreements; or (2) an amount equal to the sum.
of $140,000,000 and the amount available as secondary financial protection.
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Accepted l 982 By
-,,,ME=T=Ro=p=o.--L r=T'"""AN..,_..,,,E-,D I,,...S..,,,.ON ___
C.,,..OM=P..,,..AN..,.,.Y-Accepted 1982 By
--::-:J E=R=s=E y.,...* -=-=c E=N=TR::-:A:-:-L--,P"""o.,..,.w=ER=--=-& -:-L-=-r G=H=T COMPANY Accepted _________ l 982 By
=p E=-N=N=s Y.,.,..L.,.,.VA.,,..,.N'"""TA-=--=:E,-.L E"'""c-=T"'"'R I,,...C_C.,..,,O,..,.M"'"'PA,.,.,N*v Jerome Saltzman, Assistant Director State and Licensee Relations Office of State Programs
Service GPU Service Corporation 260 Cherry Hill Road Parsippany New Jersey 07054 201 263-49GEr TELEX 1}6-482
~£111 May 16, lf-- (\\Vo Mr. Jerome Saltzman Director of Nuclear Reactor Regulation Deputy Chief-Office of Antitrust & Indemnity U. S. Nuclear Regulatory Commission Washington, D. C.
20555
Dear Mr. Saltzman:
Re:
Amendmen:t To Indemnity Agreement No. B-64, Docket No. 50-289 50-320 Amendment No. 8 We are returning unsigned, the above captioned Amendment which requires that effective May 1st the licensee provide $160 million as underlying financial protection.
As you are aware, the Nuclear Liability Insurance Pools have not seen fit to provide us with the additional $20 million limit that was required as of May 1, 1979.
As soon as we are advised by the Nuclear Liability Insurance Pools that the additional $20 million limit is available for TMI, we will request that you resubmit this Amendment for signature.
HFG:ng attachment cc:
C. Bollman J, E. Hilbish Very truly~ours
- ) '-~ /
~. Grety~
Manager, Insurance & Claims V
f'lOO, 1
- r
~ ' I GPU Service Corporation is a subsidiary oi General Public Utilities Corporation
- 7 9 0 5 2 2 0 3 b.;z_
! *:':: -,*;!*---- **--*-----*~*
~\\..., _____ ------* --**---"""-- - *-*.. --- *----~-*------ -****-- --
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket No. 50-289 50-320 AMENDMENT TO INDEMNITY AGREEMENT NO. B-64 AMENDMENT NO. 8 Effective May 1, 1979, Indemnity Agreement No. B-64, between Metropolitan Edison Company, Jersey Central Power & Light Company, and Pennsylvania Electric Company, and the Atomic Energy Commission, dated December 11, 1973, 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 is deleted wherever it appears and the amount 11$36,000,000 11 is substituted therefor.
!tern 2a of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:
Item 2 - Amount of financial protection
- a.
$1,000,000
$110,000,000
$125,000,000 (From 12:01 a.m., December 11, 1973, to 12 midnight, April 18, 1974, inclusive)
(From 12:01 a.m. April 19, 1974, to 12 midnight, March 20, 1975, inclusive)
(From 12:01 a;m., March 21, 1975, to 12 midnight, April 30, 1977, inclusive)
1.*
I
.]
I
. I j
l
- 1 l
! I i
\\
I I
~
~
- -.---*~ **----------*. ---.
. --------~----~...
$140,000,000*
( Frain 1 2 : 01 a. m., May 1, 1 9 77, to 12 midnight, April 30, 1979, inclusive)
$160, 000, 000*- *
(From 12:01 a.m., May 1, 1979)
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Accepted ___________, 1979 By
. _M_E_T-RO ___ P __
OL_I ___ T""""AN--=E---D r""""s"'="'ON,..,...._C---OM---P--AN __ Y ___
Accepted ___________, 1979 By
_J_E_R_S E_Y_C_E_N-TR_A_L_P ___ O--WE'"""'"R---& -L-I G-H-T""-c-o-M-PA,-N.,...,...Y -
Accepted ___________, 1979 By __ :...-----------=--------
PENNSYLVANIA ELECTRIC COMPANY
- and, as of August 1, 1977, the amount available as secondary financial protection.
Dis tri but ion:
. _Docket No. ( s)
_Agreement No.
50-289, 50-320 SEP 2 _4 1980 UFB Reading UFB Indemnity~](
IDinitz Reading Metropolitan Edison Company Jersey Central & Light Company Pennsylvania Electric Company ATTN:
Mr. R. C. Arnold Vice President P.O. Box 542 Reading, Pa
- 19603*
Gentlemen:
Docket Files NSIC TERA We are presently reviewing our files -*and, note. that the fol 1 owing endorsements to your nuclear liability insurance policies have not been received:
- Advance Premium Endorsement and Standard Premium and Reserve Premium Endorsement Calendar Year 1980
(
i )
(
- ) MAELU In addition, we have not received the following endorsements and signed copies of the following indemnity agreements or amendments thereto:.
- Amendment No. 8 to B-64 We-would.~appreci.afe your**:provid1ng.ui-wilh~thi-s=triformati-on* a:s soon as possible. If you have any questions, please do not hesitate to contact us.
Sincerely,
.. 6LGNED, IRA" DUi.lTZ
- 1ra Dinitz, Indemnity Spe~iaiist Utility Finance Branch Dtvision of Engineering Office of Nuclear Reactor Regulation
.:-..:... :~. *.
'~~::*
. *:.. *_:~.-
- t'
,;;1 _*/i{:*":_:*.*-.:.. ::: *we 'bave receiv*ed.y~µ...-**1etter:*of ~Y-:30, _1980 ~ Ha_rold *oenton concern1,ng: ::{ *. :.. '..'. ::':*::
- >** : : _compJ1anc_e -w1_th_-;:f1nan_c1al.protect1on r:equtrements*::for: Three MfJe 'Island :.-}:**::)5/*. *:.:,.,...,,.., _
_ ;::.*'.,_:.{.. _Un1.t :2;. * ~1tho'ugh*:.~he Marsn a~d *Mclenrtan.:Jet~er-*sta;e~ _'that~thf~nly~}:1*:Wt?'.~.::~~r*:,;
- , _ adequate insurance *available would be that provided by
- :the
- 1nsurance~*} __ *,',;"***_:'< *::~<." _
- <--:.,,\\***pools, there are still a number. of questions that*must'be answered'about :~J\\\\:Jtf,,...://:_.,-,
~ \\/ :.. *..-. the 1 nsurance
- encJorsemen~ _and.. about. a lt~rnati yes other *,-~han J nsurancf!' *r:(tJ:-:}:,;}::~'f\\~(:: -t* *
- l. :.:*
.-**. ' ;::t:1::~a= 1::::~~i~t' ;~r1::1~Jl/a !~y* t/:!,*:~~~rs~:t :.,,..,,,., providing the additional $20 million. we cannot determine whether this
- endorsement fu11y complies with our regulatioris.
We trust that. you w111 provide us with the endorsement as soon as it becomes available. We . understand,.however. from the pools that this supplemental limit endorse- _* : **ment would apply only where a new accident at Unit 2 were declared an
- "extraordinary nuclear occur~enc.e 11 (ENO).. While we understand the reasons for the pools* insistence on this limiting condition. the _endorsement
-could be viewed as *providing the public with less protection at Unit 2 than at any other reactor in the country (1.e., with respect to possible_. .. :.:* further *accidents that are not ~extraordinary nuclear occurrences but are. * : :*,:(> * ;c.*. . -_ ::*'~;e~~-~'~s* of i$14~i ~J,1,1,rn_>_*:**. :::;t' :~**_;J?)/;;;;:.':\\1'.:/':\\~:Jr/i:~,:,:. {'.i)rf-tt:..
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- - :**.In our1etters of January 29~--1980 and April 8~,'1980~ *we~Jndicated*tha1;': :.:.'
- * :- ?
primary financial protection *co.uld :be provided -through insurance.or-some ;'*..;.*_*s*:\\~-
- other fonn::of thir~ party**guarante~:*.:,_ In view of the _fact that the/<*=*-
- .*:.,_.:,-~)-:<,. __ *
. suppleinental _insuranc.e endorsement conta.1ns the *ENO. qual_.1f1cat1on to~:;_,c_:/\\:;;*/::r<+(it;?t:.:; coverage we would.1_1ke 11')f9_!:fflat1on on whether_ a1terna~1ves othe~ than,~!J.:H\\\\tl\\~;1fa]i'.f}?J\\, insurance -have been investigated and what the results of -your.1nvestigat1pn ;!.; -0:"~* 1*.- "'*-* ~:\\ were.. ~ *... ""*~,.. . - **.. /L_>.- .- *::_i.:.:'. . -~-
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--~--** ' -.. -~- ::.. ;._.-.>: _J; . NRC Form 3186 (4-79! NRCM 0240. '*-
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Mr. J. JUN 1 3 1980 What the staff must determine, based largely on information that you provide, 1s whether the insurance policies proposed to be made available by you from the pools provide the maximum protection to the public that
- 1s available from private sources or whether financial protection in some other form is more appropriate.
We hope that your reply wfll ~; - furnish a fully-developed discussion on why, in the opinion of Metropolitan Edison. the proposed policies from the pools should be accepted by the COlllJl1ss1on in_meeting the financial protection requirements of its regulations.
- We would be pleased to discuss any questions you may have so that we can satisfactorily resolve this problem at the earliest possible time.
Signed, Jerome D. ~ltzm'a9 Jerome Saltzman, Chief Utility Finance Branch Division of Engineering Office of Nuclear Reactor ~egulation* cc: Harry Gerety, GPU Distribution: TM! File UFB Reading UFB -I.Dinitz PDR LPDR TERA NSIC D. Muller D. Nash J. Saltzman E. Jakel Docket Files ~.**- V ---~i~~~:--~-. -- -=-----------~= ___ 61[ _ so ____________ 6/ J'2,/so ___ _ NRC Form 318B (4-79) NRCM Q240
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket No. 50-289 50-320 MAY 1 1979 Metropolitan Edison Company Jersey Central & Light Company Pennsylvania Electric Company ATTN: Mr. R. C. Arnold Vice President P. 0. Box 542 Reading, PA 19603 Gentlemen: We are enclosing herewith an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, 11Financial Protection Require-ments and Indemnity Agreements, 11 effective May 1, 1979. The amendments to Part 140, a copy of which is also enclosed, give effect to the increase from $140 million to $160 million in the primary layer of nuclear energy liability insurance provided by the American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters. We would appreciate your indicating acceptance of the amendment to your indemnity agreement in the space provided and returning one signed copy. If you have any questions about the foregoing, please contact us. Sincerely,
- ~~man, Chi Antitrust & Indemni Group Office of Nuclear eactor Regulation
Enclosures:
- 1..Amendment to Indemnity Agreement
- 2.
Amendment to 10 CFR Part 140 J
r--; METROPOLITAN EDISON COMPANY SUBSIDIARY OF GENERAL PUBLIC UTILITIES CORPORATION POST OFFICE BOX 542 READING, PENNSYLVANIA 19603 TELEPHONE 215 - 929-3601 Mr. J. Sal tzm.an., Chief' Antitrust & Indemnity Group September 6, 1978 GQL 1487 Of'f'ice of' Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555
Dear Sir:
q:- Three Mile Island Nuclear* Station, Units 1 & 2 (TMI-1 & TMI-2) Operating License Nos. DPR-50 and DPR-73 Docket Nos. 50-289 and 50-320 Attached please find one (1) copy of' the signed Amendment No. 7 to Indemnity Agreement No. B-64 as requested per your letter of' August 14, 1978. JGH:DGM:cjg Attachment Sincerely,. . ~ J. G. Herbein Vice President-Generation 78250025:3 }_l,ol ,"o~ ( I \\t
J / I METROPOLITAN EDISON COMPANY SUBSIDIARY OF GENERAL PUBLIC UTiL!TlES CORPORAT/CN POST OFFICE BOX 542 READING, PENNSYLVANIA 19603 TELEPHONE 215 - 929-3601 Mr. Jerome Saltzman, Cnief Antitrust and Indemnity Group Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555
Dear Sir:
March 1, 1978 GQL 0331 Three M:Lle IsJandNuclear Station Unit 2 C'DU-21 Operating Li.cense*DPR-73 Docket No. 50-320 Enclosed pleas*e find an executed copy of* our recent amendment C_~en~ent #6)_ to Indemnity Agreement No.
- B-64..
P;i:-esident,-Generati.on
- JGR:RAL:cjg Enclosure J
l) Oo3 J S * ,/
I 1* UNITED STATES NUCLEAR REGULATORY COMMISSIC WASHINGTON, D. C. 20555 Docket No. 50-289 Metropolitan Edison Company Jersey Central & Light Company Pennsylvania Electric Company ATTN:* Mr. R. C. Arnold Vice President P. 0. Box 542 Reading, PA 19603 Gentlemen: June 15, 1977 The Commission is completing the implementation of certain provisions of the 1975 amendments to the Price-Anderson Act (Public Law 94-197), so that the new retrospective premium system can become effective on August 1, 1977. The Commission published in the Federal Register on January 3, 1977 (42 F.R. 46) its intention to establish certain requirements relating to guaranteeing retrospective premiums to assure that following a nuclear incident deferred retrospective premiums will be paid by licensees and that government funds will not have to be used to cover defaults in such payments. These guarantee requirements may be met by providing any one or a combination of alternative methods in the amount of $10 million for each large power reactor a licensee operates. These alternatives would be:
- 1.
Surety bonds;
- 2.
Letters of credit;
- 3.
Revolving credit/term loan arrangements;
- 4.
Maintenance of escrow deposits of government securities;
- 5.
Annual certified financial statements and cash flow projections showing either that a cash flow (i.e., cash ava.ilable to a company after all operating expenses, iaxes, interest charges and dividends have been paid) can be generated and would be available for payment of retrospective premiums within three (3) months after submission of the statement, or a cash reserve or a combination of cash flow and cash reserve, and
- 6.
Such other type of guarantee approved by the Commission. The purpose of this letter is to. learn from you the type of guarantee. that you intend to provide as well as to provide some guidance concerning Alternative 5 of the. guarantees (a showing of adequate cash flow). In j
I .,--- order to allow us to analyze the adequacy of the showing of cash flow, we should be provided with the following: (1) *. An annual certified financial statement for the most recent reported year preceding the submission date; (2) a quarterly financial statement for the last quarter preceding the submission date; (3) a one year internal cash flow projection accompanied by underlying assumptions showing that cash flow (i.e., cash available to a company after all operating expenses, taxes, interest charges, and dividends have been paid) for $10 million can be generated and would be available for payment of retrospective premiums within three months after submission of the statement; (4) a narrative statement.indicating which capital expenditures {if any) would be curtailed to ensure that retrospective pr"emi urns up to $10 mi 1.1 ion would be a va i 1 ab 1 e for payment. The cash flow projection should be for a one year period preferably beginning either at the anniversary date or if unduly burdensome at the calendar year starting closest to the anniversary date. This projection should include a detailed breakdown of expected cash sources, e.g., retained earnings, depreciation, deferred taxes, etc., and should ~e certified by an official of the company. All utilities will be required to provide their first submission of guarantees by August 1, 1977. Annual submissions thereafter should be on the anniversary date of any of the utility's indemnity agreements. Utilities may request another date for their annual submittals. If more than one statement is provided in those cases where there are multiple licensees, all such statements should utilize the same submittal date. As provided for in the regulations, the Commission,will impose a single $1,000 minimum indemnity fee per year upon any licensee submitting in that year a certified financial statement as the guarantee of payment of deferred premiums for its operating reactors. If more than one statement is provided in those cases where there are multiple licensees, then a $1,000 minimum annual indemnity fee will be imposed on each licensee submitting a statement. We would expect, however, that in cases where there are numerous licensees, some with small percentages of ownership, that only the principal owner(s) will submit this information for the entire $10 million guarantee.
- -- *r.
We would appreciate your indicating to us by July 1, 1977 the type of guaran'tee that you intend to provide us with on August 1, 1977 and what your preferred anniversary date for future submittals would be. Please provide the contents of this letter to your co-licensees (if any). If you have any questions concerning this letter or any other matter, you may contact Ira Dinitz, Indemnity Specialist on 301-443-6961. Sincerely, Signed, Jeroine D. Salt;man Jerome Saltzman, Chief Antitrust & Indemnity Group Nuclear Reactor Regulation
POST OFFICE BOX 542 READING, PENNSYLVANIA 19603 Jerome Saltzman, Chief Antitrust & Indemnity Group U. S. Nuclear Regulatory Commission Washington, DC 20555
Dear Sir:
May 26, 1977 GQL 0718 Enclosed is one signed copy of Amendment No. 5 to Indemnity Agreement No. B-64 as re~uested in your letter of April 20, 1977 JGH:DGM:eg
Enclosure:
Am. No. 5 to Indemnity Agreement No. B-64 Since~ J. G. Herbein Vice President 771 r:-4.*
- -* 004:::
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UNITED STATES NUCLEAR REGULATORY COMi\\illSSIOi\\l ,\\-"i/ASH!NGTON; D. C.. 20!!55 Metropolitan Edison Company Jersey Central & Light Company
- Pennsylvania Electric Company ATTN:
R. G. Arnold
- Vice President P. 0. Box 542
- Reading,* PA. -19603 Gentlemen:*
APR 2 0 1977 . He are enclosing herewith an amendment to your indemnity agreement reflecting the. changes to 10 CFR Part 140) 11Financial Protection
- Requirements and Indemnity Agreements," effective May l ~ 1977.
The amendments to Part 140, a copy of which is also enclosed, give effect to the increase from $125 million to $140 million in the primary layer of nuclear energy liability insurance provided by Nuclear Energy Liability-Proper:tY Insurance Association and Mutual Atomic Energy Liability Underwriters. Further, the_ amendments*make*certain other . changes in the regul ati ans necessitated by enactment of* Public Law * ~4-197. We would appreciate your indicating your acceptance of the amendment to your indemnity*agreement in.the space provided and returning one* signed copy. If you have any questions about the.foregoing, please let us know.
Enclosures:
Sincerely; /_. ~!fuJ/C~v-r-;7. /'
- Jerome Saltzman, Cht~f *
- Antitrust & Indemnity Group_
Nuclear Reactor Regulation l.. Amendment to Indemnity.Agreement **
- 2.
Amendment to 10 CFR Part 140 I -J*
., i' METROPOLITAN EDISON COMPANY SUBSIDIARY OF GENERAL PUBLIC UTILITIES CORPORATION POST OFFICE BOX 542 READING, PENNSYLVANIA 19603 TELEPHONE 215 - 929-3601 April 11, 1975 .... --*~-; /~ -.
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./.. * ~--r-.t;_..;.... : ~;.,*. Mr. Jerome Saltzman, Deputy Chief Office of Antitrust & Indemnity Nuclear Reactor Regulation U.S. Regulatory Commission Washington, D. C. 20555 Re: Docket No. 50-289
Dear Mr. Saltzman:
/i. .-~... _: ___,_,_..... Pursuant to your letter dated March 11, 1975, enclosed is* fully: executed copy of the AMENDMENT TO INDEMNITY AGREEMENT NO. B-64" (Amendment No. 3) which has been accepted by* Metropolitan Edison Company, Jersey Central Power & Light Company and,Pennsy*lvania Electric Company. If you havz any questions regarding the same, please contact me. sp. Enclosure cc: R. c. R. w. I. R. H. F. H. w. Arnold Conrad (Enc.) Finfrock (Enc.) Gerety (Enc.) Scheithauer (Enc.) Very truly yours,
- _~7~
£::: ;. Wilson Assistant Staff Counsel 40lf3
- ***\\
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Docket No. 50-289 UNITED.STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Metropolitan Edison Company Jersey.Central & Light Company Pennsylvania Electric Company ATTN: J. G. Millet Vice President* Post Office Box 542* Reading, Penrisylvania 19603 Gentlemen: MAR 2 l 1975 We are enclosing herewith an*ameri.dment.to.. your indemnity agreement reflecting.the amendment to 10 CFR Part *140, "Financial Protection Require~ents and Indemnity _Agreements.," effective March. 21, 197 5. The amendment to Part 140, a.copy of.which is also enclosed, gives effect to the recent increase* from. $ll0 million to* $125 million in available nuclear en~rgy liability insurance provided by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy, Liability Underwriters. We would appreciate your indicating your.acceptance of the amendment to your indemnity agreement in the space provided and returning one signed copy. If you have any questions about the foregoing, please let us know *
Enclosures:
Sincerely, \\.* *--~~~/ ______)~& ~..:2=;:;/?.1~ Jerome Saltzman, Deputy Chief Office of Antitrmi,t"' & Indemnity Nuclear Reactor Regulation
- 1.
Amendment to Indemnity Agreement
- 2.
Amendment to 10 CFR Part 140 I J
METROPOLITAN EDISON COMPANY SUBSIDIARY OF GENERAL PUBLIC UTILITIES CORPORATION POST OFFICE BOX 542 READING, PENNSYLVANIA 19603 Mr. Jerome Saltzman, Deputy Chief Office of Antitrust & Indemnity Directorate of Licensing:. U. S. Atomic Energy Commission Washington,D. C. 20545 TELEPHONE 215 - 929-3601 April 3, 1974
Subject:
Docket No. 70-1333
Dear Mr. Saltzman:
As re~uested in your letter of March 8, we are returning a copy of Amendment No. 1 to Indemnity Agreement No. B-64 which has been signed by Vice Presidents of Metropolitan.Edison Company, Jersey Central Power & Light Company and Pennsylvania Electric Company. Very truly yours, 1~ Miller V ce President Attachment 1868 I I ~ :I I ; 11 I I
/ I / I / i I ~,. / METROPOLITAN EDISON COMPANY SU~2/DiA F1 Y OF GE!VERAL PUBLIC UTILITIES' COi?PORA //O;V 1 I L ~- ---*-*------ POST OFFICE BOX 542 READING, PENNSYLVANIA 19603 Mr. Jerome Saltzman, Deputy Chief Office of Antitrust and Indemnity Directorate of Licensing U.S. Atomic Energy Com.mission Washington, D. C. 20545
Dear Sir:
~'
TELEPHONE 215 - 929-3601 May 14, 1974 License No. DPR-*50 Docket No. 50-289 Enclosed please find one copy of Amendment No. 2 to Indemnity Agreement No. B-64, which was sent to us on April 19 with the Operating License for our Three Mile Island Unit 1 Nuclear Generating Station. The Amendment has been reviewed for form and content and found to be acceptable. The enclosed copy of the Amendment has been signed and dated by a.i."'l officer of each of the three companies concerned in their official capacity to authorize such acceptance. RCA:JFV:sh Enclosure cc: R. W. Conrad (Penelec) Sincerely, a j n, ~ J ~ i QL-6tv,1'f, ;V}1v~d"----* ROBERT c. ARNOLD Vice President-Generation I. R. Finfrock, Jr. (Jersey Central) R. B. Heist (Met-Ed) I 4 tt. 11~**n .Ji. I I / f / /
Docket No. 5~289 Hetropolitan Edison Company ATTN: }Ir - Robert C. Arnold P. 0. Vice President _ Box.542 D YJ74 DISTRIBUTION: AEC PDR Local PDR Docket LWR 2-3 Rdg .ACRS (16) OGC RO (3) NDube (w/o TS) MJinks (w/2 encls) VAMoore DMuller FStMary Rea.ding, 1?ennsylvania" 19603 IWR BCs (w./o TS) CHebron (OL only)
- . ~
.. * * ~Foster (OL. only Gentlemen:*. I. WMiller RVollmer RChitwood SKari (w/o TS) ASchwen.cer EBrown (OL-only) RHBernero EIGoulbourne. (2) ~AB1;aitm.g.JJ. (w/o TS). Tne Atollll..C Energy Comnu.ssion has issued Facility OperatJ.ng Lice.use No *.
- DPR-50 to-the Metropolitan Edison Company~* Jersey Central Power and Light Company. *and the Pennsylvania Electric Company for Thrae Mile Island Nuclear Station,. Unit 1 *.. This license. au~horizes Hetropolit.an Edison'"
Company to operate * *the Three Mile-Island Nuclear Station,, Unit 1, at 2535 megawatts thermal in accordance with.the Technical Specifications, Appendices A and n to this license. Pleas~ note the special condition which limits power until. the sodium thiosulfata. tank is returned to service... ;/\\_** The license, cm::plete. with Technical Specificat:fa:ms and the related notice; which-has been-forwarded to the Office of the Federal Ragist:er for publication, are enclosed. Four signed copies of kil.endmeut No.. 2 to the Indemnity Agreement !10. B-64, which covers the activities authorized under License No. DPR-50~ are enclosed for your review and acceptance. Please sign and return a copy of the agreement to this officec
Enclosures:
- 1.
Operating License No. DPR-50 with Technical Specifications
- 2.
Federal Register Notice
- 3.
- Indemnity Agreement-No. B-64*~
.*.Amendment No. 2--* Sincer!1y, Original Signe_g~.., <\\ S '
- - cnwencer. __;_J.;j A. Schwencer~ Chief Light Water Reactors Br. 2-3 Directorate of Licensing L:C/LWR 2-3
.Ifs-ASchwencer
- n j
j /' [ j F * /*T o,~fi:fJ. __ '.:'.~~--~:=:~;---~-~~- ____ 11R:IB... 2.::J ______ *****-OGC _____________ * -___ QAJ** _________ ___ b_;@Jg_E~- _rn ___
- ___ 13:.0
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.~, Robecf C. A~nold 2 - ccs: GPU Service Corporation Richard W. Heward, Project Manager Thomas M. Crimmins, Jr., Safety. and Licensing Manager 260 Cherry Hill Road Parsippany, New Jersey 07054 Pennsylvania Electric Company Vice President, Technical 1001 Broad Street Johnstown, Pennsylvania 15907 George F. Trowbridge, Esquire Shaw, Pittman, Potts & Trowbridge 910 - 17th Street, NW Washington, D. C. 20006 M:t. Weldon B. Arehart, Chairman Board of Supervisors of Londonberry Township 2148 Foxiana Road Middletown, Pennsylvania 17057 Mr. Charles P. Hoy, Chairman Board of County Commissioners of Da_uphin County Dauphin County Courthouse. P. 0. Box 1295 Harrisburg, Pennsylvania 17018 Mr. Douglas Baker Environmental Coalition on Nuclear Power 1919 Sandy Hill Road Norristown, Pennsylvania 19401 Miss Mary V. Southard, Chairman Citizens for a Safe Environment P. 0. Box 405 Harrisburg, Pennsylvania 17108 di.,
UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 Docket No: 70-133Y Metropolitan* Edison Company Jersey Central & Light Company Pennsylvania Electric Company MAR 8 1974 ATTN: Mr. J. G. Miller, Vice President P.O. Box 542 Reading, Pennsylvania 19603 Gentlemen: ..JI., We are enclosing herewith an amendment to-your indemnity agreement reflecting the amendment to 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreements," effective March 1, 1974. The amendment to Part 140, a copy of which is also enclosed, gives effect to the recent increase from $95 million to $110 million in available nuclear energy liability insurance provided by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters. We would appreciate your indicating your acceptance of the amendment' to your indemnity agreement in the space provided and returning one signed copy. If you have any questions about the foregoing, please let us know.
Enclosures:
Sincerely, \\ ~--.. ~~~_.. ~~c.,- ~=/:~~ Jerome Saltzman, Depu_:t§ Chief Office of Antitrust t Indemnity Directorate of Licensing
- 1.
Amendment to Indemnity Agreement (4)
- 2.
Amendment to 10 CFR Part 140
METROPOLITAN EDISON COMPANY C:UBSID!ARYOF GENERAL PUBUCUTIL/TiESCORPORATION 1ST OFFICE BOX 542 READING, PENNSYLVANIA 19603 Mr. L. C. Rouse, Chief Fuel Fabrication and Reprocessing Branch Directorate of Licensing U. S. Atomic Energy Commission Washington, D.C. 20545 TELEPHONE 215 - 929-3601 January 15, 1974
Subject:
Material License No. SNM-1313 Docket No. 70-1333 Indemnity Agreement No. B-64
Dear Mr. Rouse:
As re~uested in your letter of December 11, 197~, attached is a copy of Indemnity Agreement No. B-64 signed by officers of Metropolitan Edison Company, Jersey Central Power & Light Company and Pennsylvania Electric Company, owners of Three Mile Island Nuclear Station, Units 1 and 2. kg Att. 0ry f ~yo~411 >I. /J. fl<<l~(t!~. ()_ /q_ J. G. Miller ~ Vice President /* I
. *~, I I I / METROPOLITAN EDISON COMPANY I l'J0-1333 / . SUBS!DlA.RY OF GENEi'?AL PUBLIC !JTIL/TiES CORPORATION I TELEPHONE 215 - 929-3601 I ~-------------* POST OFFICE BOX 542 READING, PENNSYLVANIA 19603 Mr. Seymour H. Smiley Deputy Director for Fuels and Materials Directorate of Licensing Office of Regulation U.S. Atomic Energy Commission Washington, DC 20545 December 19, 1973
SUBJECT:
THREE MILE ISLAND NUCLEAR STATION UNIT 1 DOCKET NO. 50-289,
Dear Mr. Sndley:
Enclosed please find six (6) copies of Amendment No. 2 to the Appli-cation for a Special Nuclear Materials License for Three Mile Island Nuclear Station Unit 1. This Amendment is requested due to field experience at Oconee #1 where the strength of the neutron sources did not provide a sufficient count rate on the out-of-core detectors. We are ordering a higher strength source to eliminate this problem at Three Mile Island Unit. 1, asb Enclosures I I Very truly}yours, I -,.1 .,\\ / 11 / ! l'.7):,1 /) j c;-, ,' u* \\,-\\,,_ '*-J, G. M.i.ller / Vice President 8408
- \\:
.Al'1ENDMENT NO. 2 TO APPLICATION . FOR SPECIAL NUCLEAR MATERIAL LICENSE FOR STORAGE ONLY OF FUEL ELEMENTS AND BY-PRODUCT ~.ATERIAL FOR THE THREE MILE ISL.AND NUCLEAR STATION UNIT 1 METROPOLITAN EDISON COMP.ANY
- 7 0 -1 3 3 3 84-06
a,.*,., I AMENDMENT NO. 2 . THREE MILE ISLAND UNIT 1 FUEL AND BY PRODUCT STORAGE LICENSE APPLICATION The Application for a special nuclear material license for temporary storage only of fuel elements and by-product materials for.the Three Mile Island Nuclear Station Unit No. 1 filed on June 8, 1972 is amended as follows:
- 1.
Paragraph 4.2 entitled - Other Radioactive Materials - the second sentence of this paragraph is. changed to read "Up ATTES*T,: to 1300 curies of Americium will be received for subsequent use as neutron sources for reactor initial startup, operation, and portable instrument calibration!!. Secretary METROPOLITAN EDISON COMPANY \\ Yi ,'..,;>/ 1
- *-n.rl
- l BY
' -., / 'j 11 i J... { V°J . J. G. Miller /Vice President i Sworn and subscribed to before me this 19th day of
- December, 1973.
RITr'\\ M. POWERS N:' :r; ;*u~lic, MLlhlcnberg Twp., Serks Co * . l,iy s~n~;: :* *::.~1 E:~pires Sep:111:er 30, 1974
AmerGen AmerGen Energy Company, LLC Three Mile Island Unit 1 A PECO Energy/British Energy Company Route 441 South, P.O. Box 480 Middletown, PA 17057 U. s. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555-0001
Subject:
THREE MILE ISLAND, UNIT 1 (TMI UNIT 1) OPERATING LICENSE NO. DPR-50 DOCKET NO. 50-289 AMENDMENT TO INDEMNITY AGREEMENT NO. B AMENDMENT NO. 13
Dear Sir or Madam:
Phone: 717-94+7621 March 09, 2000 5928-00-20056 This letter transmits the original copy of Amendment No. 13 to Indemnity No. B-64 for TMI Unit 1 and TMI Unit 2, endorsed by the respective licensees. Amendment No. 13 to Indemnity Agreement No. B-64 was issued by the NRC as an attachment to the conforming amendment for the transfer of the TMI Unit 1 license from GPU Nuclear, Inc., to AmerGen Energy Company, LLC, dated December 20, 1999. If any additional information is needed, please contact David J. Distel at (61 O) 640:.S672. Very truly yours, 9'~/1~ John B. Cotton Vice President, TMI Unit 1
Enclosure:
Amendm~nt to Indemnity. Agreement No. B Amendment No. 13 JBC/djd cc: H. J. Miller, Administrator, USNRC Region I C. A. Carpenter, Chief Gen. Issues, Environ. Fin. & Rulemaking Br. T. G*. Colburn, Senior Project Manager, TMI Unit 1 W. L. Schmidt, Senior Resident Inspector, TMI Unit 1 I. Dinitz, USNRC, NRR T. G. Broughton, GPU Nuclear, Inc. File No. 98152 f{OO/}}