ML19141A211
| ML19141A211 | |
| Person / Time | |
|---|---|
| Site: | Three Mile Island, 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 11 Co-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, 11 smount 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,
.* -,~......
ariaing out of or reoulting from the radioactive, toxic, explosive, or other hazardoua properties of i
- 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 '1 the 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
.i defined in any other agreement entered into by the Cor:imisaion 11 pursuant to subsection 170c or k of the Act aa , the radio-j 1
! active material" and which iij in the course of transportation f
shall be deemed to be a common occurrence. A ccmmon occurrence shall be deemed to constitute a singl~ nuclear incident"
- 4. 11 Extraordinary nuclear occurr-ence" means an event which tha
.,'l 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 predeterminatio n to be interrupted by the removal of the material from ths transporting conveyance for any purpose other than the continuation of such trana-
-i portation to the lo~ation or temporary storage incidental thereco; j
- l
!1 (b) The transportation of the radioactive m...terial from the l~ca-l tion shall be deemed to end when the. radioactive material ia removed 1 from the tranaporting =onveyence for any purpose other than the con-l tinuance of transportation or temporary storage incidental thereto; 1
J (c)."In the courae of transportation" as used in this agreement:
J
"'j shall not include transportation of the radioactive material to the I
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se of trana portn .tion "
loca tion if the mate riel ;!.s. also l'in tha cour r agree ment ente red from any othe r locn tionl l as defin ed. ;!_n any othe 11 170c or k of the Act.
into by the Commisoion purs uant to subs ectio n othe r perso n.
- 6. "Per e on indem nif ie.d" means. the. licen cee and any who may be liab le for publ ic liab ility ,
arisi ng out of or
- 7. "Pub lic liab ility " means any lega l liab ility pt (1) claim s unde r State . or resu lting from a nucl ear incid ent, exce of perso ns inde mni-Fede ral Workmen's Cc.,mpenaat:ion Acts of empl cyaea if the nucl ear iucid ent fied who are empl oyed (a) at the loca tion or, activ e mate rial, radio occu rs in the cour se of tran spor tatio n of the the lice nsee 's ectio n with
.on the tran spor ting vehi cle, and (b) in conn rial; (2) claim s mate poss essio n, use or tran sfer of the radio l:.cti ve for loss of, or damage arisi ng out of an act of war; and (3) clai~ s ted at the loca tion to, or loss of uae of (a) prop erty whic h i3 loca essio n, use, or tran s-and used in conn ectio n with the licen seet s poss nucl ear*i ncid ent fer of the radi oact ive mate rial, and (b) ii the n of the radi oact ive mate rial, occu rs in the cour se of tran spor tatio tran spor tatio n, in such the tran spor ting vehi cle, cont aine rs used and th~ =~di oecti '\"e m.QtP.,.'i.t-1)..
.Item 4 of the
- 8. "The loca tion " means the loca tion desc ribed in Attac hmen t here to, ial nucl ear., and
- 9. "The radi oact ive mate rial" means aourc :e, spec used in, or is- ir.-
bypr oduc t mate rial whic h (l-). is uaed. o-r -:o be tor or reac tors radia ted or to be irrad iated by, the nucl ear reac nate d in the At.ta chme nt.
subj ect to the licen se or licen ses. desig resu lt of oper ation of said here to, or (2) whic h ia prod uced as the,:
reac tor(s ),
e inclu des. all
.10. "Uni ted Stat es" when used in a gecg raph lcal sens es, the Cana l Zone and Terr itori es and poas eaaio na of the Unit ed Stat Puer to Rico .
ARTICLE II At all time s durin g the term of* the li,ca nse or licen ses desi g-l.
'the licen see will main tain nated _ in Item 3 of the Attac hlt.en t here to~
in Item 2 of the Acta ch-fina ncia l prot ectio n in the amount. speci f:i:ed ility insu ranc e poli cy ment and in the form of the nucl ear enar;gy liab B
one lice nse is deai gnat ed desi gnat ed in the Atta chm ent. If more than agre es to main tain such in Item 3 of the Atta chm ent, the lice nsee the term of that lice nse whic h fina ncia l prot ecti on unti l the end of sha ll, notw ithat andi ng. the will be the last to expi re. The lice nsee dmen t, susp ensi on or revo -
exp itati on, term inat ion, mod ifica tion , amen ed iu Item 3. of the Atta ~h-cati on of any lice nse or licen aes. desi gnat in effe ct unti l all r.:he. radi o-men t, main tain such fina ncia l- prot ecti on acti ve mat eria l has been removed from the. loca tion and t;,;an spor .i:ati on tion has ende d aa. d.aii ned. in of the radi oact ive mat eria l from the loca Corunisc.i1on ..;.ut ho~i zea. the subp arag raph 5 (b), Arti cle I, or unti l the fim, ncia l pro.t ectio n-. - The term inat ion or the mod ifica tion . of auch Conu nissi on will not unre ason ably with hold such auth oriz atio n,.
or inau :rers under* a
- 2. In the even t of any paym ent by the insu rer the Atta chm ent h.are to.w h-i~h poli cy or poli cies spec 1fie d in 1-tcm 5 of cy or poli cie& bslo w the amou nt redu cea the aggr egat e limi t of such poli prom ptly afpl y to. his ina~ rers of fina ncia l prot ect1 onJ the lice nsee will
. in Item 2a of the Atta c.hm ent for rein state men t of the. amount opec ified (wit hout refe renc e to para grap h. b 0f Item 2) and will m..ake- all. reas onab le the even t. th.:it - the li.:e nsee . haa effo rts to obta in such . reirt otate ::ien t- In not obta ined rein. s-cat emen -t- of. such amou nt with in nine ty days af-te r. the of gooci ~auo~- Qhu~u- zo. ~he date of such redu ctio n, and. 1n tha abse nce r requ irin g .i::h:a. lic.en ;;;ee- to cont rary , the Com mias ion may issu e an orde furn ish fina ncia l prot ecti on for 5uch amou nt in anot her form ,
Any obli gad ons of the. lice nsee unde r subs ec-c ion 53a (8) of. the 3.
Comm1ssion. £rem publ .ic Act to inde mnif y the Unit ed. Stat ea and. the aati afie d by the in-ility liab ility , toge ther with any pub lic liab gnat ed in the Atta chm ent sure rs unde r the poli cy or poli cies desi che. amount of. fina n~ia l.
here to, .sha ll not in the aggr egat e exce sd den t, inc.l udin g the. reas on-prot ecti on with resp sc.t to any nucl ear. inci claim ~ and defe ndin g sui~ 5 able cost s of inve stig atin g and sett ling for dama ge,.
With resp ect to any extr aord inar y nucl
.ear occ.u zzen ce. co whic h thia 4..
lice nsee on bc:chali- of.i ts elf agre eme nt app lies , the Com mias ion.,. and. the.
thei r inte reac a appe ar, ea~h and othe r pers ons inde mni fied , inso far as agre e to waiv e the claim ant o~
(a) any issu e or defe nse as to the cond uct of t:ed to but not limi faul t of pers ons indem m.f ied, incl udin g, B
(1) negli genc e; (2) contr ibuto ry negli genc e; (3) assum ption of the risk; ving (4) unfo rseea ble inter venin g caus es, wheth ~r invol the cond uct of a third perso n or an act of God.
cond uct of perso ns As used here in, "cond uct of the claim ant" inclu des n;
throu gh whom the claim ant deriv es his cause of actio i."l'le-ntal
. (b) any issue or defen se as to char itabl e or govern immu nity; limit ation s if (c) any issue or defen se based on any statu te of on which the suit is insti tuted with in three years from the date have know n, of his injur y or claim ant first knew, or reaso nably could t more than ten years after damage and the cause there of, but in no even the date of the nucle ar incid ent.
affec tive rega rdles s The waiv er of any such issue or defen se shall be deemed juris dicti onal of wheth er such issue or defen se may other wise be The waiv ers shall or relat ing to an elem ent in the cause of actio n.
terms by the
. be judic ially enfor ceab le in accor dance with their claim ant again st the perso n indem nifie d.
le:
- 5. The waiv ers set forth in parag raph 4 of this Artic to take (a) shall not precl ude a defen se based upon a failu re reaso nable steps to mitig ate dama ges; ant or to a
.(b) shall not apply to injur y or*da mage to a claim by the claim ant claim ant's prop erty which is inten tiona lly susta ined ally and wron g-or which resu lts from a nucle ar incid ent inten tior.
_fully cause d by the claim ant; is employed at (c) shall not apply to injur y to a claim ant who the activ ity where the extra -
the site of and in conn ectio n with for are place if bene fits there ordin ar*y nucle ar occu rrenc e takes com-ded und~ r any work men's eithe r paya ble or requi red to be provi That with Prov ided, howe ver, pens ation or occu patio nal disea se law: at the e occ~ rring respe ct to an extra ordin ary nucle ar occu rrenc lity in conn ectio n faci lity, a claim ant who is employed at the fa~i B
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- 6 with resp ect to whic h with the cons truc tion of a nucl ear reac tor Atom ic Ener gy Commission no oper atin g lice nse has be~n issu ed by the ectio n with the acti vity shal l not be cons ider- ed as employed in conn s plac e if:
ce take where the extr aord inar y nucl ear occu rren in conn ectio n (1) the claim e.nt is employed excl usiv ely tor, incl udin g all with the cons truc tion of a nucl ear reac ility , and
.fac rela ted equi pme nt and inst alla tion s at the by the AEC with (2) no oper atin g licen se. has been issu ed resp ect to the nucl ear reac tor, and ectio n with the (3) the cfaim ant is not employed in conn ear mat eria l poss essi on, stor age, use or tran sfer of nucl at the faci lity .
itive or exem plary (d) shal l not appl y to any claim for pun for wron gful deat h dama ges 1 prov ided , with resp ect to any claim ges only pun itive in unde r any Stat e law whic h prov i.des for daraa the exte nt that the natu re, this excl usio n does not appl y to ured by the pecu niar y clai..-;;..s..-;,t r:.:::.s su8te ..iri.e d ec:-tuaJ damages~ meas to exce ed the maximum inju ries resu ltin g from such deat h but not amou nt othe rwis e reco vera ble unde r such law; (e) shal l be effe ctiv e only with resp ect to thos e obli gati ons set fort h in this agre eme nt; ecut ion or defe nse (f) shal l not appl y to, or prej udic e the pros npt *wit hin the pro-of, any claim or port ion of claim whic h is ility prov isio ns unde r tect ion affo rded unde r (1) the limi t of liab of 1954 , as amen ded, and subs ecti on 170e of the Atomic Ener gy Act s of the nucl ear ener gy (2) the term s of this agre emen t and the term gnat ed in the attac hme nt liab ility insu ranc e poli cy or poli cies desi here to.
agre eme nt shal l
- 6. The obli gati ons of the lice nsee unde r this s occu rrin g duri ng the appl y only with resp ect to nucl ear inci dent tenn of this agre eme nt, lice nse desi gnat ed
- 7. Upon the exp irati on or revo catio n of any ion will ente r .into an in Item 3 of the Atta chm ent, the Commiss the lice n 9ee redu cing appr opri ate amendment of this agre emen t with the amount of fina ncia l prot ecti on requ ired unde r this Arti cle; to a redu ctio n in the prov ided , that the lice nse~ is then enti tled icab le Commission regu latio ns amount of fina ncia l prot ecti on unde r appl and orde rs.
B
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- 7 ...
- 8. With resp ect to any common occu rrenc e:
Nucl ear Energy
- (a) If the sum of the limi t of liab ility of any d in Item 5 of the Linb ility Ineur unco Asso ciati on polic y desig nate of all othe r nucl ear energ y Attuc hmen t and the limi ts of liab ility le to such form) appl icab liab ility insur ance polic ieo (fac ility ility Insu ranc e Energ y Liab common occu rrenc e and issue d by Nucl ear ncia l prot ectio n of fina Asso ciati on exce eds $73, 625, 000, the amount deem ed to be shal l be spec ified in Item 2a nnd b of the Attac hmen t een said sum and reduc ed by that prop ortio n of the diffe renc e betw Ener gy Liab ility Nucl ear
$73, 625, 000 as the limi t of liab ility of the the Attac hme~ t 5 of Insu ranc e Asso ciati on polic y deoig natcd in Item ear energ y all nucl bear s to the sum of the limi ts of liab ility of (fac ility form ) appl icab le to such linb ility insur anc~ poli ciea Liab ility Insu ranc e common occu rrenc e und issue d by Nucl ear Ener gy AErn ocin t ion j (b) If the sum of the limi t of liab ility of any Mutu al Atomic desig nated in Item 5 of the Ener gy Llab ility Und~ rrlrit ers polic y r nucl ear energ y of all othe Atta chne nt and the limi ts of linb ility le to such
) appl icab liab ility insur ance poli cies (fac ility form Liab ility Ener gy common occu rrenc e. and iasue d by Mutual Atomic :f:i.n ancis l prot ectio n Uncier-wtii:!!i:"B .:;xcaccl5 $21, 375, 000, f-.-.o .<,mr-,m ,t- nf nt ahal l be deem ed to be spec ified in Item 2.i end b of the Attr;chm;;J said sun and een redu ced by that prop ortio n of the diffe renc e betw al Atom Ener gy ic
, $21,3 75,00 0 aa the limi t of liab ility of the Mutu of the Attac hmen t 5
Liab ility Und er~ri ters polic y d~ai gnate d in It~m nucl ear energ y ts of liabj ,lity of all bear s to the sum of the limi appl icab le to such liab ility insu ranc e poli cies (fac ility form)
Mutu al Atom ic Ener gy Liab ility common occu rrenc e and issue d by Und erwr iters :
is with a perso n (c) If any of the othe r appl icab le agree ment s r than a nucl ear form othe who has furni shed fina ncia l prot ectio n in a issue d by Nucl ear
)
-ene rgy liab ility insu ranc e polic y (fac ility form ic Ener gy al Atom Ener gy Liab ility Insu ranc e Asso ciati on or Mutu nt of fina n-the amou Liab ility Und erwr iters , and if also the sum of the amou nts of and cial prot ectio n estab lishe d unde r this agree ment icab le agree ment s r appl fina ncia l prot ectio n estn blieh ed unde r all othe see shal l not exce ed exce eds $95, 000, 000, the oblig ation s of the licen amount of fina ncia l pro-
- a grea ter prop ortio n of $95,0 00,00 0 than the to the sum of such tecti on estab lishe d unde r this agree ment bear s n esta blish ed unde r all emount and the amounts of fina ncia l prot ectio othe r appl icab le agre emen ts.
B
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(d) As usP-cl in this para grap h 8, Arti cle II, and in Arti cle III, othe r agre eme nt ente red into "oth er cpp lica ble agre eme nts nean s each 11 170c of the Act in whic h by the Corrimission purs uant to subs ectio n as a "common occu rren ce."
agre eme nt the nucl ear inci dent is de.fi ned As used in this para grap h 8, Arti cle II, "the obli gati ons of the nsee unde r subs ecti on lice nsee means the obli gati ons of the lice I Stat es and the Com miss ion 5Je( 8) of the Act to inde mnif y the Unit ed I
publ ic liab ility sati sfie d from pub lic liab ility , toge ther with any desi gn*a ted in the by the insu rers unde r the poli cy or poli cies stig atin g and sett ling
- Atta ch~e nt, and the reas onab le cost s of inve claim s and defe ndin g suit s for dama ge, Arti cle sha1 1 not be
- 9. The obli gati ons of the lice nsee unde r this part of the Conu nissi on or affe cted by any fail ure or defa ult on the or ali of its ill any the Government of the Unit ed Stat es to fulf inso lven cy of any y or obli gati ons unde r this agre eme nt, Bank ruptc esta te of any
, or the pers on inde mnif ied othe r than the iice nsee reii eve the
, shal l not pers on inde mnif ied othe r than the lice nsee r.
lice nsee of any of his obli gati ons here unde ARTICLE III mnif y and hold
- 1. The Counnission unde rtak es and agre es to inde mni fied , as thei r harm less the lice nsee and othe r pers ons inde inte rest may appe ar, from publ ic liab ility inci den t to prop erty
- 2. With resp ect to damage caus ed by a nucl ear ear inci den t, the Com miss ion of any pers on lega lly liab le for the nucl agre es to pay to such pers on thos e sums whic h such pers on would have belo nged to anot her; been obli gate d to pay if such prop erty had Com miss ion unde r this para grap h 2 prov ided , that the obli gati on of the does not appl y with resp ect to:
tion desc ribe d in Item 4
- (a) Prop erty whic h is loca ted at the loca ribe d in Item 3 of the of the Atta chm ent or at the loca tion desc gy liab ility insu ranc e decl arat ions atta ched to any nucl ear ener ent;
- pol icy desi gnat ed in Item 5 of the Atta chm of the pers on inde mnif ied
.(b) Prop erty da~3 ge due to the negl ect to save and pres erve the prop erty afte r to use all reas onab le means know ledg e of a nucl ear inci dent ;
cour se of tran spor tatio n (c) If the nucl ear inci dent occu rs in the ting vehi cles and cont aine rs of the radi oact ive mat eria l, the tran spor used in such tran spor tatio n; (d) The radi oact ive mat eria l.
.5
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- 3. The Commission agre~s to indemn ify and hold harmle ss the license e ond other persons inde1m1ified as their intere st may appear
, from the re~Hon nhle coots of investi gating , settlin g and defend ing claims for pub I.le liabili ty.
4,(n) 1~c obliga tions of the Commission under this agreem ent shall apply only with respec t to such public liabili ty, such damage to proper ty of persona legally liable for the nuclea r inciden t (other*
than such proper ty d2scrib ed in the proviso to paragra ph 2 of this Article ),. and ouch renson able cents deacrib ed in ~aragra ph 3 of this Article as in the ag~reg ate exceed the amount of financ ial protec tion.
(b) With respec t to a common occurre nce, the obliga tions of the Cormnission under this agreem ent shall apply only with respec t to
- such public liabili ty, cuch damage to proper ty of persona legally liable for the nuclea r incidQ nt (other than such proper ty describ ed in the proviso to paragra ph 2 of this Article ), and to such reason -
able coots describ ed in paragra ph 3 of this Article 9 aa in the aggreg ate exceed whiche ver of the followi ng is lower: (1) The sum of the amounts of financ ial protect ion establi shed under this agreem ent and all other applica ble agreem ents; or (2) $95,00 0,000.
S. The obliga tions of the Commission uthli!r i:.hii:i agi:~cwi:i',t .;ha.11 apply only with respec t to nuclea r inciden ts occurr ing during the term of this agreem ent,
- 6. The obliga tions of the Cor::miasion under this and all other ngrecm ents and contra cts to which the Commission is a party shall not, with respec t to any nuclea r inciden t, in the aggreg ate exceed whiche ver of the followi ng is the lowest: (a) $500,0 00,000 ; (b)
$560,00 0,000 lesa the amount of financi al protec tion requir~ d under this agreem ent; or (c) with respec t to a common occurre nce,
$560,00 0,000 less the sum of the amounts of financ ial protec tion establi shed under this agreem ent and all other applic able ogr~em ents.
- 7. The obliga tions of the Commiasion under this agreem ent, except to the license e for damage to proper ty of the license e, shall not be affecte d by any failure on the part of the license e to fulfil l its obliga tions under this agreem ent. Bankru ptcy or insolve ncy of the license e or any other person indeon ified or of the estate of the license e or any other person indemn ified shall not relieve the Commission of any of its obliga tions hereun der.
B
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ARTICLE IV L. When tho Commis sion determ inae that the ]};.1.ited States will ions.
probab ly be requ:i.r ed to wake. inde:nn ity. payn:ent.f.! under the. provis of thia ag;ree::nent, ths Commis sion shall, have time right: to. co1lab orate.
. inda.:in ifj_ed. in. the settlem ent. and.
with the licens. aa and. other. pe:raons the. right. ,(o..) tci . require . the. prior defense of any claim and shall. ha'l!e.
approv al of tho Coz;,.r.:iasion for. the settlem ent .r,r payment :. of. any. cl~im or action aaserte d againa t the license e or.othe r per:son .ind.sm nified for public li£.bil ity or dc.mnge. to proper ty of ]verson a. l~gally .. liable for the nuclea r inciden t.which .claim or* action. the. license e. or-th~ ..
ent.;- and.
c*ommia aion may be require d. to indemn ify under this agreem on (b) to appear through . tha Attorne y. Genera l of the United. St.ates.
behalf of the licenaa e or other person indemn iiicd, tnke charge. of such action and settle. or. def end any such act:i.tc7'1. J.f the. settlem ent ssion, or defens e of any such action or clcim ia unde::.t aken by. the. Ccm:ni the licenoe e shall furnish all reason able uasi~ta nce in effecti ng s settlem ent or asaerti ng a defona e.
- 2. Neithe r this asreemo nt. nor any intere at therein nor claim.
thereun der may be asaigna d or tr~nsfe rred with©u t tha* approv al of the Commi ssion.
- ARTICLE V this The parties agree that they. will enter into app:rop riate amendments. of enta are require d pursuan t-~o- the agreem ent to the extent that euch umendm Atomic Energy Act of 1954, as amende d, or license s, regula tions or orders of the Commi ssion.
ARTICLE VI establi shed The license e *agreea to pay to the. Commia sion .. such fees as are.
by the Commisaion pursua nt to regula tions or orders of the Com..~i ssion.
ARTICLE VII The term of this agreem ent shall.co ~.menc e. as of the date and time.
specif ied tce. a.t the time. of. expira. tion of in Item 6 of the Attachm ent. and shall te:rm.ina ent,. which is. the .. last. to . expire; that license . specif ied in Item 3 of the Attachm applica ble regulat ion;;
provide d that, except a.a may otherw ise be. prov.id ed .in ate or orders of the Commi ssion, the term of. this agreem ent. shall not. termin th.a .. locatio n. and until all the radioa ctive materi al has been remove.;i. from.
transp ortatio n of the radioa ctive materi al. from tha locatio n.has.
ended as defined in subpar agraph S(b),.A rticle. I~ . Termin ation of the. term of. this e or. any obliga tion agreem ent shall not affect any obligat ion. of the license nuclea r incide nt of the Commis sion under this agreem ent with re*sp.e.ct to. any occurr ing during the term of this agreem ent.
B
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- UNITED STATES ATOMIC ENERGY COMMISSION ATTACHMENT Indemnity Agreement No. B-64 Item l - Licensee Metropolitan Edison Company Jersey Central Power & Light Company Pennsylvania Electric Company Address 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 I is reinstated.
Item 3 - License number or numbers .--
I SNM-1313 I
I Item 4 - Location I 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.
I The site is located approximately ten (10) miles southeast of the city of Harrisburg in Londonderry Township, Dauphin I
! County, Pennsylvania.
i Item 5 - Insurance Policy No(s).
Nuclear Energy Liability Policy (Facility Form) No. NF-220 issued by Nuclear Energy Liability lnsurance Association .
.,,,,~1..~A.[l,,;.:.r,.r.;.;;-i;...-.c .... _ -~..:...,,.~, .. ,.:::*, * .----~* ',-*** **- ---,---**
- ____ ,._ """' ...... *** **
Item 6 - The indemnity agreement designate d above, of which this Attach~n t is ~ µ,art, is e_f_f.ective as J9f_ 12:01 a.m. on the ; ~ A ~ ' f 7 1 day of 12-~,,__,. ,,__.?.-.., 1973.
FOR THE UNITED STATES ATOMIC ENERGY COMMISSION
_.----~ --:7 __.,
. *9 ~--~ .- .. -- _;::::..----
,. 0-'P-~ .-... ~<>;~_ .YI{~
Jerome Saltzman, Deputy Chief 7 Office of Anti trust/& Indemnity Directora te of Licensing FOR
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METROPOLITAN EDISON COMPANY
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BY
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FOR JERSEY CENTRAL POWER & LIGHT COMPANY 1 i.:>
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BY i Y *:*.1.t/: I }: I'/// *' I!, - i,/
FOR PENNSYLVANIA ELECTRIC COMPANY BY Dated .9J! ~e~,~~sda, Ma_[yl and, t h e ~ a y of .t,2,-~ ~~ 1973.
-- ... - - - ------- *---*----- - - ------------ ---------- --- ---- -----------* _....,__ ________________________ ~ .. *--- ---*-* --** -- .
UNITED STATES ATOMIC ENERGY COMMIS SION WASHINGT ON, D.C. 20545 Docket No. 70-1333 AMENDMENT TO INDEMNITY AGREEMENT NO~ B-64 AMENDMENT NO.~ 1 Effectiv e March 1, 1974, Indemni ty Agreeme nt No. B-64, between Metropo litan Edison Compan y,-Jersey Central & Light Company and Pennsyl vania Electri c Company and the Atomic Energy Commiss ion, dated Decembe r 11, 1973, is hereby amended 'as follows:
The amount "$95,00 0,000" is deleted whereve r it appears
. and the amount "$110,00 0,000" is substitu ted therefo r.
i .The amount "$73,62 5,000" is deleted whereve r it appears and the amount 11 $85,.250 , 000" is substitu ted therefor .
I l
_The amount "$21,37 5,000" is deleted whereve r it appears and the amount "$24,750 ,000" is substitu ted therefor .
FOR THE UNITED STATES ATOMIC ENERGY COMMISSION
\~~~
~ m e Saltzma n, Depu~ hief Office of Antitru st~Inde mnity Directo rate of Licensin g Accepted____ - ____,,_ ____ ,
April 1 1974
.* ::ceptea--~--_-_:,-:-rn-_;;-:-.-*-:--t~-:-e&---r-.~-h-./-1---' 1974 ,/;. -< :a . _* _,,_o. , 1
- B; :/';rtli nl?rfk~z//J JERSEY CEN'TRAU 1,,1,GHT COMP ANY MJ'.~POLITAN EDISON COMPANY l/ !/
Accepted March 27 , 1974 PENNSYLVANIA ELECTRIC-COMPANY
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UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 Docket No. 50-289 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 (From 12:01 a.m., December 11, 1973, to 12:00 midnight,. JJ.PR 18 1974 inclusive)
DPR-50 (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:
Nuclear Energy Liability Policy (Facility Form) No. MF-73
- issued by Mutual Atomic Energy Liability Underwriters.
FOR THE UNITED STATES ATOMIC ENERGY COMMISSION
/-' ' 'I '
Accepted , ./ / ?-(. / 2., 6 , 1974
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By --=~ ,- *1") -*-r-*-i . -~ . r /; __,>'--1 J,JEliROPOLITAN EDISON COMPANY
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Accepted ///~-/:/ C"" , 1974
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\ /.,. A<) / -.l-1 _/: .!/' //!/ ,/I By f ( //: J I / / ; ;- .: .:::I;, l JE~SEY CENTRAL & LIGHT COMPANY
/ V Accepted -<?: 7
--'-----~---------
)'. I , 1974 r/
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By,* ... -- . J I
~PENNSYLVANIA ELECTRIC COMPANY
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w ... UN ITE D ST AT ES RY COMMISSION NUCLEAR REGULATO C. 20 55 5 WA SH ING TO N, D.
D oc ke t No . 50 -2 89 NO. B- 64 EN DM EN T TO INDE MNITY AGREEMENT AM AMENDMENT NO. 3 t No . B -6 4, ch 21 , 19 75 , In de m ni ty A gr ee m en en tr al Po w er &
E ff ec ti ve M ar ny , Je rs ey C tw ee n M et ro po li ta n Ed is on Co m pa le ct ri c Co m pa ny , an d th e be d Pe nn sy lv an ia E , as am en de d, L ig ht Co m pa ny , an m is si on , da te d D ec em be r 11 , 19 73 m
A to m ic En er gy Co am en de d as fo ll ow s:
he r is he re by fu rt m is si on "
ni te d St at es A to m ic En er gy Co m e Th e. na m e "U d th e na m ve r it ap pe ar s an Co m m is si on "
is de le te d w he re uc le ar R eg ul at or y "U ni te d St at es N er ef or .
is su bs ti tu te d th te d w he re ve r nt "$ 11 0, 00 0, 00 0" is de le Th e am ou 0, 00 0" is ap pe ar s an d th e am ou nt "$ 12 5, 00 it ef or .
su bs ti tu te d th er w he re ve r it am ou nt "$ 85 ,2 50 ,0 00 " is de le te d is su bs ti tu te d Th e 00 "
am ou nt "$ 96 ,8 75 ,0 ap pe ar s an d th e th er ef or .
he re ve r ou nt "$ 24 ,7 50 ,o o* o" is de le te d w 11 is Th e am ,0 00 e a! llo un t "$ 28 ,1 25 it ap pe ar s an d th or .
ef su bs ti tu te d th er re em en t is t to th e in de m ni ty ag ef or :
It em 2a of th e A tta ch m en
-~ he fo llo w in g su bs ti tu te d th er ti re ty an d de le te d in it s en ti on fi na nc ia l pr ot ec It em 2- A m ou nt of , 19 73 , t 0 (F ro m 12 :0 1 a. m ., D ec em be r 1119 74 ,
$ 1, 00 0, 00 il 18 ,
- a. 12 m id ni gh t, A pr in cl us iv e) 74 , to (F ro m 12 :0 1 a. m ., A pr il 19 , 19 11 0, 00 0, 00 0 ch 20 , 19 75 ,
12 m id ni gh t, M ar in cl us iv e)
'-W***-----*-*--* -*---* ****-***--*
125,000,00 0 (From 12:01 a.m., March 21, 1975)
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Il
__)~~
. Jerome. Saltzman, Deputy Chief Office of Antitrust. & Indemnity Nuclear Reactor Regulatio n
.Accepted By METROPOLI 0 y1April 7, 1C~TAN
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~ I EDISON--GGMP-ANY_
, 19 7 5
~ICE PRESIDENT Accepted ___ Ap._r~i""""l'--1""""._ _ _ _ _ , 19 75 By JERSEY CENTRAL:* t.
POWER V
&. LIGHT COMPANY VICE PRESIDENT Accepted _,:/ /c/ , 1975 By~ ,/ /G~:-_, Q
'-PENNSYLVANIA ELECTRIC COMPANY VICE PRESIDENT
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- UNITED STATES f 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. .'
SNM-1313 (From 12:01 a.m., December ll, 1973, to 12 midnight, April *1s, 1974, inclusive) .
- _
- DPR-50 (From 12:01 a.m., April 19, 1974)
SNM-1671 (From 12:01 a.m., .c:r:p ,... :-_: 1'\ )
~ - . ..*" *. 1:i_76 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Ace epted_...,-~;_,--
.,_/~c"-_,-r....--'--.-""""'5,,_-_,.,_ _ __ 1976
. (.-----~-) - . ) /) . (i By___/* J . VI../ . L~.._,~___._,X, PENNSYLVANIA ELECTRIC COMPANY
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- 1 METROPOL ITAN EDISON COMPANY I 'P,*.>u*,;nov O'F*ro;:,,,r.P'1'
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POST OFFICE BOX 542 READING, PENNSYLVANIA 19603 TELEPHONE 215 - 929-3601 January *14, 1977 GQL 0049 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. 50-289/50-3 20 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.
Sincerely, Sigr.ed ** R. C. Arnold R. C. Arnold Vice President RCA:JRS:eg
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
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket No. 50-289 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 11 wherever it appears and the amount 11 $140,000,000 is substituted therefor.
The amount 11 $96,875,000 11 11 is deleted wherever it appears and the amount 11 $108,500,000 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 (From 12:01 a.m., December 11, 1973, to 12 midnight, April 18,1974, inclusive)
$110,000,000 (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_/',,.
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--Jerome Saltzman, Chief Antitrust & Indemnity Group Nuclear Reactor Regulation Accepted - - - ~ _;r,-/, 2- t~ - - - -, 1977
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By
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METRO POLIT !SON COMPAN Accepted - - -.:S/ ..
, -11 - ' - - - - - -, 1977
- ..5-~ 1 --------- , 1977 Accepted ----=-1L.t.--
UNITED STATES NUCLEAR REGULATO RY COMMISSION WASHINGTON , D. C. 20555 FEB 8 1978 AMENDMENT TO INDEMNITY AGREEMENT NO. B-64 AMENDMENT NO. 6 Effective m 8 1978 , 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:
Item 3 of the Attachment to* the indemnity agreement is deleted in its entirety and the fo 11 owing substitut ed therefor:
Item 3 License number or numbers SNM-1313 (From 12:01 a.m., December 11, 1973, to 12 midnight, April 18, 1974; inclusive )
DPR-50 (From 12:01 a.m., April 19, 1974)
SNM-1671 (From 12:01 a.m., September 28, 1976 to 12 mi dni ght,FEB 7 1978 inclusive )
DPR-73 (Fram 12: 01 a . m. , FEB 8 1978 )
___._k_/J_.z_J_ _ _, 1918 Accepted / S - , 1978
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:
11 ARTICLE VI II 11
- 1. 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. 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.
113_ 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.
11
- 4. 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 Accepted-----,.I- ~ 1 7 /,.1 l
-- , 978 Accep ted_ _ _ _~__,,-/,-=-,;._.1r
___________ , 19 78 BQu PENNSYLVANI
) C,__Q A ELECTRIC COMPANY J
UNITED STATES . --
NUCLEAR REGULATORY COMMISSION WASHINGTON , D. C. 20555 Docket Nos. 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 1111 is deleted wherever it appears and the amount 11 $160,000,000 is substitut ed therefor.
The amount 11 $108,500,000 1111 is deleted wherever it appears and the amount 11 $124,000,000 is substitut ed therefor.
The amount 11 $31,500,000 1111 is deleted wherever it appears and the amount 11 $36,000,000 is substitut ed therefor.
Item 2a of the Attachment to the indemnity agreement is deleted in its entirety and the following substitut ed therefor:
Item 2 - Amount of financial protectio n
- a. $1,000,000 (From 12:01 a.m., December 11, 1973, to 12 midnight, April 18, 1974, inclusive )
$110,000,000 (From 12:01 a.m. April 19, 1974, to 12 midnight, March 20, 1975, inclusive )
-$125,000,000 (From 12:01 a.m., March 21, 1975, to 12 midnight, April 30, 1977, inclusive )
$140,000,000* (From 12:01 a.m., May 1, 1977, 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 Jerome Saltzman, Chief Antitrust & Indemni Group Office of Nuclear Reactor Regulation Accepted_ _ _ _ _ _ _ _ _ _ _ , 1979 By_ _ _ _ _ _ _ _ _ _ _ _ __
METROPOLITAN EDISON COMPANY
- Accepted_ _ _ _ _ _ _ _ _ _ _, 1979 By
-J=E=R=sE=Y:--c=E=N=TR::-::A:--:-L-,P::-:::0:-:-:W=ER=--=-&-:L--=I=GH=T:--C=o=M:=-PA=N=Y-Accepted_ _ _ _ _ _ _ _ _ _ _ , 1979 I
By
_P_E_N_Ns=Y~LV~A~N~IA;,--...E~LE~c=T.,....,RI~c-c"=""'o=M-=-PA="""'N=v---'-
- and, as of August 1, 1977, the amount available as secondary financial protection.
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
- UNIT ED STATES l)IU~ LEAR REG ULAT ORY COMMISSk,,,.
WASH INGTO N, D. C. 20555 Docket No. 50-289 50-320 Amendment to Indemnity Agreement No. B-64 Amendment No.lo Effe ctiv e June 1, 1980, Indemnity Agreement tNo. B-64 between Metropolitan Edison Company, Jersey Central Power &Ligh miss Company, and Pennsylvania Elec tric Company, and the Atomic Energy Comas foion, dated December 11, 1973, as amended, is hereby furt her amended l*l ows:
- 1. Arti cle II, Paragraph 8 is revised as follows:
- 8. With resp ect to any common occurrence comm aris ing out of an accident under DPR-50, or with resp ect to any on occurrence aris ing out of an accident under DPR-73 subsequentbetoanMay 1, 1979, which is determined by the Cormtission to limi t of "extraordinary nucl ear occurrence"(a) If the sum of the liab ility of cy any Nuclear Enef9y Liab ility Insurance and the limipoli Asso ciati on ts of designated in Item 5 of the Attachment ility insurance liab ility of all othe f*nu clea r energy liab common occurrence poli cies {fac ility fonn) applicable to such ranc e Association and issued by Nuclear Energy Liab ility Insu l prot ectio n exceeds $124,000,000, the amount of fina ncia nt shal l be deemed spec ified in Item 2a and b of the Attac hme to be reduced by that proportion of the diffe renc e between said sum and $124,000,000 as the limi t of liab ility of the Nuclear.Energy Liab ility Insurance Associati on policy designated in Item 5 of the Attachment bears to the sum of the limi ts of liab ility of all nuclear energy liab ility insu rance poli cies issued by (fac ility fonn} appl icab le to such coll1Don on.rrenceoccu Nuclear Energy Liab ility Insurance Associati (b) If the sum of the limi t of liab ility of any Mutual Atomic Energy Liab ility Underwriters policy desi gnat ed in Item 5 of the Attachment and the limi ts of liab ility of all othe r nuclear enerlJY liab ility insurance poli cies (facMutu ility fonn} applicable to such common occurrence and issued by al Atomic Energy Liab ility Underwriters exceeds,. $36,000,000, the amount of fina ncia l protection spec ified in Item 2a and b of the Attachment shal l be deemed to be reduced by that prop ortion of the diffe renc e ility of between said sum and $36,000,000 as the limi t of liab cy designated the Mutual Atomic Energy Liab ility Underwriters poli
in Item 5 of. the Attachment bears to the sum of the limi tsiesof liab ility of all nuclear energy liab ility insurance polic (fac ility form} applicable to such coTIIIIOn occurrence and issued by Mutual Atomic Energy Liab ility Undentriters*.
(c} If. any of the othe r applicable agreementsfonn is with a person who has furnished financial protection in a othe r than a nuclear energy liab ility insurance polic y (fac ility fonn}
issued by Nuclear Energy Liab ility Insurance and 'if Asso ciation or Mutual Atomic Energy Liab ility Underwriters, lishedalso the sum of the amount of financial protection estab under .
this agreement and the amounts of finan cial prote ction estab lishe d
~nder all othe r applicable agreements exceeds an amount equal to tne sum of $160,000,000 and the amount licen seeasshal avai lable secondary finan cial prote ction , the oblig ation of.th e l not*
exceed a grea ter proportion of an amount equal dary to the sum of
$160,000,000 and the amount avai lable as secon finan cial prot ectio n, than the amount of finan cial prote ction estab lishe d under this agreement bears to the sum Qf such r all andamou nt the
- amounts of financial protection estab lishe d unde othe r appl icab le agreements.
(d) As used in this paragraph 8, Arti cle II, othe and in Arti cle III, "oth er applicable agreements" means each r agreement entered into by the Commtssion pursuant to subs ection 170c of the Act in which agreement the nuclear incident is defined as a "conman occurrence." As used in this paragthe raph 8, Arti cle II, "the obligations of the licen see" mean s oblig ation s of the licen see under subsection 53e(8} of the Act to indemnify the United State s and the Commission from publby the ic liab ility ,
toge ther wi_th any public liab ility satis fied Attachmen insu rers and under the policy or polic ies designated in the ing claimst, and the reasonable costs of inve stiga ting and settl defending suits for ~amage. .
ws:
- 2. A new Paragraph 9 is inserted in Arti cle II to read as follo
- 9. With resp ect to any co1J1J1on occurrence arisi ng out of an accident under DPR-73 subsequent to May 1, 1979 , which is not determined by the Commission to be an "extr aord inary nucl ear liab ility
_occurrence" (a) If the SUffl. of the limi t of n policy designated of any Nuclear Energy Liab ility Insurance Associatio ility of all in Item 5 of the Attachment and the limi ts of liab ies (fac ility othe r nuclear energy liab ility insurance polic and issued by fonn) applicable to such conman occu rrenc e
Nuclear Energy Liabil ity Insurance Association exceeds $108,500,000 the amount of financial protection specif ied in Item 2a and b tion of the Attachment shall be deemed to be reduced by that propor of the differe nce between said sum and $108,500,000 as the limit of liabil ity of the Nuclear Energy Liabil ity Insurance Association policy designated in Item 5 of the Attachment bears to the sum of the limits of liabil ity of all nuclear energy liabil ity insurance policie s (facil ity form) applicable to such co11111on occurrence issued by Nuclear Energy Liabil ity Insurance Association.
(b) If the sum of the limit of liabil ity of any Mutual Atomic Energy Liabil ity Underwriters policy designated in Item 5 of the Attachment and the limits of liabil ity of all other nuclear energy liabil ity insurance policie s (facil ity form) applicable to such conman occurrence and issued by Mutual Atomic Energy Liabil ity Underwriters exceeds $31,500,000, the amount of financial protection specif ied in Item 2a and b of the Attachment shall be deemed to be reduced by that proportion of the differe nce between said sum and $31,500,000 as the limit of liabil ity of the Mutual Atomic Energy Liabil ity Underwriters policy designated in Item 5 of the Attachment bears to the sum of the limits of liabil ity of all nu.clear energy liabil ity insurance polici es (facil ity form) applic~bte to such common occurrence and issued by Mutua1 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 liabil ity insurance policy (facil ity form) issued by Nuclear Energy Liabil ity Insurance Association or Mutual Atomic Energy Liabil ity Underwriters, and if also the sum of the amount of financial protection established under this agreement and the amounts of financ ial protection establ ished under all other applicable agreements exceeds an amount equal to the sum of $140,000,000 and the amount availa ble as secondary financ ial protec tion, the obligation of the licens ee shall not exceed a greate r proportion of an amount equal to the sum of
$140,000,000 and the amount availa ble as secondary financial protec tion, than the amount of financial protection establtheished under this agreement bears:* to the sum of such amount and amounts of financial protection establ ished under all other applicable agreements.
(d} As used in this paragraph 9, Articl e II, and in Articl e III, other applicable agreements means each other agreement 11 11 entered into by the Conmission pursuant to subsection 170c of
$r--
the Act in which agreement the nuclear inci den t is defined as a com 11 non occurrence." As used in this paragraph 8, Art icle II, 11 the obligations of the lice nse e of 11 means the obl igat ion s of the lice nse e under subsection 53e(8) fromthepub Act to indemnify lic liab ilit y, the United Sta tes and the Conunission sfie d by the insu rers tog ethe r with any public. liab ilit y sati ted in the Atta chment, and under the policy or pol icie s designa ling claims and the reasonable costs of inv esti gati ng and sett defending sui ts for damage.
- h 10 and reads as
- 3. Art icle II, paragraph 9 is renumbered as paragrap follows:
- 10. The obl igat ion s of the lice nse edefund er this Art icle sha ll not be affe cted by any fail ure or ault *on the par t of the Commission or the Government of the Uni ted Sta tes to ful fill any or all of its obligations under fied this agreement. Bankruptcy or insolvency of any person indemni fiedoth er than the lice nse e, for the esta te of any person indemni oth er than the lice nse e, igations sha ll not reli eve the lice nse e of any of his obl hereunder.
ows:
- 4. Art icle III, paragraph 4(b) is revised-as foll 4{b) With resp ect to a coJ1111on"-octcurrence aris ing out of an accident under DPR-50, or with~respec to anysequ co11111on occurrence aris ing May 1, 1979 out of an accident under DPR-73 subsion toentbe toan 11 extraordinary which is detennined 11 by the Co11111is s of the Commission _under nuclear occurrence, the obligation resp ect to such public this agreement sha ll apply only withof persons leg ally liab le liab ilit y, such damage to property such property described for the nuclear incident (other* than Art icle ), and to such in the proviso to paragraph 2 of this h 3 of this Art icle , as reasonable-costs described in paragrap following is lower:
in the aggregate exceed whichever of the l pro tect ion esta blis hed (1) The sum of the amounts of fina ncia licable agreements; or under this agreement and_ all oth er app0,00 0,000 and the amount (2) an amount equal to the sum of $16tect ion .
ava ilab le as secondart financial pro III, to read as follows:
- 5. A new paragraph 4(c) is added to Art icle 4(c) With resp ect to a common occMay urrence aris ing out of an accident under DPR-73 subsequent to l, 1979 which is detennined by lear occurrence,"
the Commission not to be an "extraordinary nuc
~ p -
~5-the obligations of the Coninission under this agreement shall apply only with respect to such publi c liabi lity, such damage to property of persons legal ly liabl e for the nucle ar incid ent (other than such property described in the provi so to parag raph 2 of this Artic le), and to such reasonable costs excee described in paragraph 3.of this Artic le, as in the aggregate d whichever of t&.e following is lower: {l) The sum of the amoun ts of financial protection establishe d under this agree ment and all other applicable agreements; or (2) an amoun t equal to the sum of $140,000,000 and the amount avail able as secon dary finan cial -
prote ction .
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION.
Jerome Saltzman, Assistant Director State and Licensee Relations Office of State Programs Accepted
-- -- -- -- - 1982 By N E--Dr....
L r"""'r'"""'A..........
ME""""TR..,,..,..OP,,....O.....
..... s""""oN-CO .....M"""P"""'AN~Y,....
Accepted__ __ __ __ _l 982 By L.,. ,IG"""'H-T
'""'JE-R,. .,.S"""EY..--.CE,, . ,N"""'TRA-.L. .,.... P O.....
WE""""R.......-&.....
COMPANY Accepted__ __ __ __ _l 982 By
'E L""""E"""'cr"""'R"""'I.,,..C"""c-oM"""P"""'A"""NY
""""PE,,....N-N"""'sY""""L""""V"""'AN"""'r'""'"A""'"....
Di st r i but i on : r
~, ~ubje~! : ~PU NucJ.ear Corfe~ra tion'\J O_LR:0:-/;** *... *. ~ H~ * ~\
DrR:R/F :*' ..
NSIC ~
TERA I, ,,,._,,,--
PD R 1i nJ ,.r LDPR 1
- l7:0 OELD
. ~
r> /\.,7 1/"" I I. D~ n ~ tz R/ F r'1l q r n \1o Docket Nos. 50-289 I.D1n1tz vv , O 50-320 D. Nash J. Saltzman AMENDMENT TO INDEMNITY AGREEMENT NO. B-64 AMENDMENT NO. 1l~
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 11 Pennsyl vania Electric Company" appear in the indemni ty agreeme nt, 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
=1R=1=c....,c=o=M=PA P=EN"""'H"""sy-["""'Vl'TA=NI"""A,-..=:EL.-:,E""'c...
..... Y
.....N......
=ME==m=opll:">o"""("'="ft"""A"'N..-E=o=1=so-N-:o-::,Crn-1-P=AN=v-ACCEPTED
--- --- --- 1982 ACCEPTED
--- --- --1982 BY BY ~v'~~
-='JE==R=s-Ev-c-ENT-RA'"[-pow-E"""'R....A=ND=-"["""1G=HT-- -s,,GP""'U-NO"""c-L-EA"""'R,....C"""o"""R"""PO"""RA~TI"'""O=N--
~ COMPANY
.. a-,.
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20566-0001 Docket Nos. 50-289 50-320 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 AmerGen Energy Company, LLC Address 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 1
As 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- Amount of financial protection
- a. $1,000,000 (From 12:01 a.m., December 11, 1973, to 12 midnight, April 18, 1974, inclusive)
. $110,000,000 (From 12:01 a.m., April 19, 1974 to 12 midnight, March 20, 1975, inclusive)
$125,000,000 (From 12:01 a.m., March 21, 1975, to
- 12 midnight, April 30, 1977, inclusive) .
$140,000,00<>2 (From 12:01 a.m., May 1, 1977, to 12 midnight, April 30, 1979, inclusive)
$160,000,0002 . . (From 12:01 a.m., May 1, 1979, to
- 12 midnight, June 30, 1989, inclusive)
$200,000,00<>2 (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.
Item 3- License number or numbers SNM-1313 (From 12:01 a.m., December 11, 1973, to 12 midnight, April 18, 1974, inclusive)
. l DPR-50 (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.
_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)
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 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)
Nuclear Energy Liability Policy (Facility Form) No. NF-220 issued by Nuclear Energy Liability Insurance Association.
Item 6- 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
.~ ?t i (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* , 1999 ByGPUN~
Accepted *
. ~
1*11 1~.r,n.>
, 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;
- 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*an d 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) 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; (2) 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
(
- d. This license is effective as of the date of issuance and shall expire at midnight, May 18, 2008.
FOR THE ATOMIC ENERGY COMMISSION Ori;~i nal :;igncd by A. G.iiun.busso A. Giambusso, Deputy Director for Reactor Projects Directorate of Licensing
Attachment:
Appendices A and B - Technical Specifications Date of Issuance: APR 1
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 11 A11 and 11 B11 ) ; (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
{
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 representatio ns 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 3
- License No:
Metropolitan Edison SNM-1313 Company
- 2. LicenseA'i .Addres.,! 4. Docket No:
P. O. Box 542 70 .. 1333 Reading, Pennsylvania 19603 s. Expiration D1te:
August 31, 1974, or upon conversion of Construction Permit Noc CPPR-40 to an operating license, whichever ia earlier.
- 7. 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) For receipt, poamessio a, inspection , storage ~nd the pack~ging for tran2po:r*t in accordance with th,a sta'i:emein't s:i represent:8 .'i::ion3 aki.cl
- eondU:ioi:u. i gpeeifid hi the liceru:i.:nB ta applic;atio n dote~,d Jur;0 8, 1972 9 as supplemente d October 15, 1973.
(b} and (e) Far receipt~ possession and storage only in the shipping cont~inr s 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 applicatio il~
- 10. The 1.icen.stae is hereby eY.empt~d fro;n the r.::quireme nts 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 condition s 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'iiSGemblie s th.er& ls no poB8ibili ty 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.C LEAH ENE ltC Y LIAD ILIT Y INSU RAN CE MUT UAL ATO MIC ENE RGY LIAB ILIT Y U_ND EHW RITE HS
- l. Ame ndm ent of Adva nce Prem ium Endo rscn wnt
- 2. Stan dard Prem ium and Rese rve Prem ium Endo rsem ent
- 3. Addi tiona l Prem ium Due
- 1. Adva nce Prem ium It is agre ed that the Ame nded Adva nce Prem ium due the comp anies for the. calen dar year 1985 is $132 ,553. 12
- 2. Stan dard Prem ium and Rese rve Prem ium Subj ect to the prov ision s of the Indu stry Cred it Ratin g Plan , it is*
agre ed that the Stan dard Prem ium and Rese rve Prem ium for the calen dar year desig nated abov e are:
Stan dard Prem ium $132 ,553. 12 Rese rve Prem ium $100 ,065. 37
- =-~-. ~ - , , . . -...--......._ .,._ _ .._... ..
- 3. Addi tiona l Prem ium __.$._4...,,._.1...6,..2:..:....5:..:aO___ ___
Effe ctive Date of To form a part this* endo rsem ent Janua ry 1, 198.§ of Poli cy No. MF-73 Issue d to Metr opol itan Ediso n Comp any, Jerse y Cent ral Powe r & Ligh t Comp any, Penn sylva nia Elec tric Company and GPU Nucl ear Corp orati on Date of Is sue Augu st 28, 1985 For the Subs cribi ng Com panie s MUT UAL AT0 1C ENE RGY LIAB ILIT Y UND JR\r, RITE RS
') . /
By*.
\
-~- ~L . ~l l~ r- :(;/~*1 t*'t ."c.::
Endo rsem ent No. 72 Coun tc rsign ed by - - - - - - - - - - - -
A utho rizec l Repr esen tativ e This is to certi fy that this is a true copy of' the origi nal Endo rseme nt havin g the endor seme nt numb er and being made part' ME-36 of the Nucl ear Energ y Liab ility Polic y (Faci ity Form) as des-1gna ted hereo n. N\Insur ance is affor ded lie
. unde r.
~~.~~~~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 (Extrco rdinor; *Nuclec r Occurre nce}
(FACILITY FORM) end I*h-9 rnemh-ers of The nomGd fosured 1 acting for himself and every other insured under the polii:y, Nuclea r Energy Uobilit y Insuran ce Associa tion agree as fol lows:
1.. With re~pect to ony extroor dincry nuclear occurre nce to which the p:,lic>' applies as proof of finonc:i cl protE;ction and *i,thich on, (o) Arises out of-or results from or occurs in the course of ihe constru ction, possessi or operati on of the facility ., or * *
(b) Arises out of or results from or occurs in the course of the transpo rtation of
. i nuclear materia l to or from the facility ,
th~:dnsureds and the compan ies og ree to waive r
(1} any issue or defense as to the conduc t of the clcimcn t or the fault of the insureds includi ng,. but not limited to; *
. ( .,
I.
1, neg 1genca ,
{ii) contrib utory neglige nce,
. (iii) assump tion of risk, end (iv) unfores eeable interven ing causes, whethe r invdvin g the conduc t of a third person, or on cct of God,
{2',I any issue or defense as to charita ble or govemm ento I immuni ty, and (3) any i.ssue or defense b.,sed on any statute of limitcri ons if suit is institut ed within have kncwn, three years from the date on which the claiman t first knew I er reasona bly could of his bod~ly_ injury or property damage and the-cau se thereof , but in no event more them te.n
.years ofter the cbte of the nuclear inciden t.
such issue or defon!",e The waiver of any such !;sue or eieTense shall be effectiv e regardle ss of whethe r of action *
- mcy other,.vis.e be deemed jurisdic tional or relating to an elemen t in the cause
. 2 *. The waivers set forth .in paragro ~ i *. cbvve do not opply to t
(a) Bodily injury or pr6part y damage which is intentio nol ly sustaine d by the da,mon by the dcimcn t; or which results from a nuclear inciden t intentio nall)" crn:l ~rongfu l!y caused
- (b) E'odily injury sustaine d byar.y claiman t who is employ ed at the site.of and in C onnec.i .,.. on ,,..,"th "
1
- * * ' --11* nor; nuc Ieor o:::cun-ence tokes place if
,t.e a,:n v1i'y where t he e:,ctrooro n;s corn~*
benefit s therefo r are eii-her_ pciyobfs or require d to be ?fOvide d under any workme pemctio n or _oc:cupo~ioool disease law; . .
Nutla.::ir Ensrgy Lfob ihty !n~urzinc-3 TlON
~UC!.l:A:"{ ENERG' lABU.JTY INSURANCE J\SSr"*"~A the terrdn ation of this policy, the As soon as pr;acticable after each Decem ber 31 and after _be finally determ ined 2.0d. stated ..
- standa rd premi um for the* preced ing calend ar year shall year. If the standard premirim so in the Stand ard Premi um Endor semen t for that calend ar for such calendar year, th;: n.:!.med:
determL'led excee ds* fi1e advance premi um previously paid comp.mies shall return to the nam~
insure d shall p*ay the excess to the companies; if less, the
- d.
- insure d the excess portio n paid by such insure The na.'Ued insure d shall maint ain record s of the inform ation necess ary at for premi um comp uta-the end of each c2.l-as direct ed, tion and shall send copies of such record s to the comp.antes times during th~ policy p;!riod other endar year, at the end of the policy period and at such . * . * . . .- . *.
- as the comp any may direct. * . .:. . . . ..
payab le for this policy* may (3) Use of Reser ve /Prem iums All reserve premi ums paid ornce Association. to . discha rge th~ir be us:d by the memb ers of Nucie ar Energ-J Liability Insuralosses are incurr ed under this policy
- obliga tions v,.ith respec t to incurred losses wheth er such ity Insura nce Association or 1Yiutual, .
or under ,my other policy issued by Nucle ar Energ y Liabil *
- Atomic Energy Liabil ity Underwriters.
- um for this polity for the first cal~
. (4)* Reser ve Premi um Refun ds A portio n of the reserve premi qe re~umable to the named in-
- shall endar year of any group of ten consecutive calend ar years tenth calep.dar. year.* *. : ..
s at the end of the
- sured provid ed there is a re.serve for refund e premi um refund due the .name insure d (5) Co~p utatio n of Reser ve 'Prem ium Refun ds The reserv any if!.du._st_ry re.s~rye*.premium refund for any calend ar year shall be determ ined.b y multiplyir,g such calend ar year. The re.serve* pre-for .such caleng ar year by. the policy refund ratio for as* soon as practi cable aiier July - l mium refur.d for any calend ar year shaU be finally detem tlned*
1 of the tenth calend ar year therea fter. .I policy shall be the sum of the standard premfri;;..s
.. (6) Final Premi um The final premi um for t.liis. this policy remai ns in force Jess .
- for each calend ar year, or portio n thereof, during which insure d under the provisions of
.: j l
the sum of all refund s of ,esen* e premi ums due L~e named . j this Condition 1. . * *
.. *.1 I
memb er of Nucle ar Energ y Liabil ity
- Insurance . !
(7) Reserve Pr~mium Refund* Agree ment Each or .portio n the:eo f, thereb y agrees Assoc iation subscr ibing this policy for any C.!1endar year, *,
- I the respec tive propo rtion of its linbili ty assum ed !
for itseif, severa lly and not joiutly, and in named insure d that portion. of any *: l under this policy for that calend ar year, to return to the ar year, determ ined in "'ccord- . ii reserve premi um refund due the named insure d for that calend
- j ance mtb. the provis ions of. this. Condi tion L
.... i Effectiv~ Date of . Dec*~ mber 3, 1973 To form a p;:irt of Policy No._._NF~---22___0_ _ _ _ _ _ __
this Endor semen t . . .
12:01 AM. Stand ard Time y __ Cent ral Powe r & Light . Comp~ny and Penn sylva nia Metr opol itan Ediso n _Company, Jerse
- Issued to * *
- Elec tric Comp any Date of Jssue~_D_ec_~~b_e_r_].~,._];973_ For th\** subscribin.~ co_mpanies . . . ...*
. I ,.;-, . .
.. By / 'e,--rv-tf-A .. /Ji_&..,~i'r-JL.- .
( *: Gen fui 1*1an ager
\ \
0
- )~~ .... _-* ---- ---- --- --- --
- Endo:3ement No .. - -* -~
.. 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:
.l CONDITION 1. PRBvfIUM I
- _ . (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 premfum" 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 II 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 *I 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 .
Il Industry. Credit Ratiug Plan; . ,.
I "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; I "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..
I I surance Association and Mutual Atomic EnergyLiabili ty 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 I
. 'l I
Liability Underwriters under all Nuclear Energy Liability Policies issued by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters and sub- l 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. *
- .. J
/
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 _ _ _ _ _ _ _ _ _ __
12:01 A..M. Sc.ccb.rd '!imc Metropolitan Edison* Company, ,Tersey Central Power. & Light Company and Pennsylvania wued to.
Electric ComP.any December 14, 1973 For the subscribing companies Dateo£ Iss=
Manager Eacbrs.emcatNo Councersigc~ by Facility Form 1-1-61
- Nude-- Energy LiabiHty !nsuram::e NUCLEAR ENERGY l!AB!LITY INSURANCE ASSOC.. .... J'lON
.A.l\IENDATORY ENDORSE MENT (Facility Form)
It is agreed that: 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: . -*. ~. ::. :
"indemnifi ed nuclear facility" means . .
(1) "the facility as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability -Insurance
- Associatio n 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 amendator y thereof, with respect to any activities or operations conducted thereat;
- m. Condition 4 is replaced by the follov,,ing:
LIMITATI ON OF LIABILIT Y; CO:MMON OCCURRENCE Any occur-rence or series of occurrence s 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 transportat ion 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 transporta tion 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 ' : T l t December. .3,. 1973 NF-220 12:01 IJL ~ Tum Metropolitan Edison Company, Jersey Central Power §;_ Light Company and.J:.<;,~~~~~ia Electric Company
~--e"--
-"" ~-------------
Dec.ember 14, 1973 By
~~-1~ _______
___3 . :,'Co,m~.ti,_....______________, - - - - -
Nt:<27A (5/1/72)
~,,.,,..
Amendmen t of Condition 4 Endorsem ent
- It is agreed that w_ith respect to bodily injury or property damage caused after the effec.tive date of this endorsem ent 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 Metropol itan 'Edison Company, Jersey Central Power & Light Company and Pennsylva nia Electric Company December 14, 1973 I .
By /!/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 N o * - - - - - - - - - - - - - * - - -
Metropolita n Edison Company, Jersey Central Power & Light Company and Pennsyl~an ia
..Issue-:! to *
£1ectric ~ompany
- v:,;te o f Issue _ _ December
......._. 14,
_ _ _ _ _ _ _ _ _ _ _ __1973*
For th~ Subscribing Companies By 1
'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 $20 -million in insurance for Unit 2 as well as reinstate funds paid out for 'claims arid expenses arising out of the March 28, 1979 nuclear incident.* These endorsements, Nos. 43 and 44, would apply only in a situation where a new incident at Unit 2 was declared by the Commission to be an "extraordinary nuclear occurrence 11 (ENO). Also pub1 ished in the Federal Reqister: l!Jere proposed changes in Indei1111ity Agreement No. B-64to conforinto'"the niodificatiqns made in the endorsements. No comments* \'jere received on the notice.
The Commission is hereby granting you an exemption from the requirements of 10 CFR 140. ll (a)(4) to a11o\'J You to provide the two endorsements!)
Nos. 43 and 44, as meeting the financial protection requirements of subsection 170 of the *Atomic En(frqy Act of 1954, as amended. Enclosed are four copies of Indemnity Agreement No. B-6,l making changes to conform to the endorsements. Pl ease exec*ute _all four copies and return one copy to us.
Sincerely,
{Signegl William J. Dire~.
William J. Dircks Executive Director for Operations NRC FORM 318 (10-80) NRCM 0240 OF ICIAL RECORD COPY
MEMORANDUM FOR: William J. Dircks Executive Dir~ctor for Operations FROM: G. Wayne Kerr~ :01 rector Office of State Programs
SUBJECT:
FINANCIAL PROTECTION (' . REQUIREMENTS. FOR TMI UNITS 1 AND 2 In SECY-81-253, the staff discus'sed the question of whether th.e proposed endorsements submitted by the two 1 iability insurance pools, ANI and rtt\ELU (see attachment 11 A")~ to'~1etropo1itan 'Edison's Facility Form liability insurance policy for TMI Units *1 and 2 met the financial protection requirements of sub?ection l7cib. of the Atomic Energy Act of 1954, as amended. These endor$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 .
1 described above. In addition,* the Pools 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 I accordance with 10 CFR 140.9 were prop*osed changes in Indemnity Agreement i No. B-64 between the 1icensee and the Comn1ission to conform to the changes made in the endorsements\*
notice. * , '*,
No cmmients were received on the OFFICE .... * ******************************************************* , , * , , , , ** , *** , * , ** , * , ** , *** , ********* , , , . . . . . . . , ***** , *****************
SURNAME~
DATE~
NRC FORM 318 (10-80) NRCM 0240 OFFICIAL RECORD COPY
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~
11811)
- made in the attached Inderiuii"ty been . ', . . Agreement
' ' . B-64 No. . .{see attachment G.- Wayne Kerr, Di rector Office of State Programs Enc1osures :
As stated APPROVED:
Dated at Bethesda, Maryland, thi,s ::is- day of Fcb1' 1982.
FOR THE NUCLEAR REGULATORY COMMISSION
/_s/
W~lliam J. Dircks Executive Director for Operations.
Di st r i but ion : UN I TS ij,* and *. . /
SUBJECT:
TM! ,1 2V SLR':.OSP DIR: R/F G. W. Kerr J. Saltzman
- n. Nash E. Jackel I. .. Di nitz I. ninitz R/F
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 A to Metropolitan Edison's Fac-ility Form 11 11
),
1iability 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 o f / ~ , 1982.
FOR THE NUCLEAR REGULATORY COMMISSION l~Ar William J. Dircks Executive Director for Operations
ATTACHMENT A 11 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***. $1,000,000 Limit stated in Endorsement 15 ***.* 85,250,000 Limit stated in Endorsement 20 ****. 96,875,000 Limit stated in Endorsement 31 .***. 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 11 A11 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 11 A11 damage results from a nuclear incident which is detennined by the Nuclear Regulatory Commission to be an 11 extraordina ry 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 b y * - - - - - - - - ~
()
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 ATTACHMENT 8 11 11 Docket No. 50-289 50-320 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 1imits 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*und er all other applicable agreements.
(d) As used in this paragraph 8, Article II, and in Article III, 11 other applicable agreements means each other agreement 11 entered into by the Commission pursuant to subsection 170c of the Act in which agreement the nuclear incident is defined as a* common occurrence. As used in this paragraph 8, Article 11 11 II, the obligations of the licensee means the obligations of 11 11 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 extraordinary nuclear 11 occurrence (a) If the sum of the limit of liability of any 11 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 1imit of 1iabil 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 a11 other app l i cab 1e 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 means each other agreement 11 entered into by the Corrmission pursuant to subsection 170c of
- ATT.O.cHrinn 11 B11 the Act in which agreement the nuclear inciden t is defined as a "common occurrence. 11 As used in this paragraph 8, Article II, "the obligati ons of the licensee" means the obligati ons of the licensee under subsection 53e(8) of the Act to indemnify the United States and the Commission from public liabilit y, togethe r with any public 1iabil ity satisfie d by the insurers under the policy or policies designated in the Attachment, and the reasonable costs of investig ating 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 obligati ons 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 obligati ons under this agreement. Bankruptcy or insolvency of any person indemnified other than the license e, for the estate of any person indemnified other than the license e, shall not relieve the licensee of any of his obligati ons hereunder.
- 4. Article III, paragraph 4(b) is revised as follows:
4(b) With respect to a common occurrence arising out of an acciden t 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 obligati ons of the Commission under this agreement shall apply only with respect to such public 1iability , such damage to property of persons legally 1iable 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 financia l protecti on establis hed under this agreement and all other applica ble agreements; or (2) an amount equal to the sum of $160,000,000 and the amount availab le as secondary financia l protect ion.
- 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 acciden t*
under DPR-73 subsequent to May 1, 1979 which is determined by the Conunission not to be an "extrao rdinary nuclear occurrence,"
ATTAC!~~*1 F.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 Jerome Saltzman, Assistant Director State and Licensee Relations Office of State Programs Accepted
l 982 By
-,, ME=T=Ro=p=o.--Lr=T'"""AN..,_. , ,E-,DI,,. .S ., ,.O___ N C., . OM=P.., . AN..,.,.Y-Accepted
1982 By
- : -:JE=R=s=E -=-=cE=N=TR::-:A:-:-L--,P"""o.,. ,.w=ER=--=-&-:-L-=-rG=H=T y.,...*
COMPANY Accepted_ _ _ _ _ _ _ _ _l 982 By
=pE=-N=N=sY.,.,. L.,.,.VA., . ,.N'"""TA-=- =:E,-.LE"'""c-=T"'"'RI,,. .C_C.,. , O,. ,.M"'"'PA,.,.,N*v
GPU Service Corporation Service 260 Cherry Hill Road Parsippany New Jersey 07054 201 263-49GEr TELEX 1}6-482
~£111 May 16, l f - - (\Vo V
Mr. Jerome Saltzman Director of Nuclear Reactor Regulation Deputy Chief-Office of Antitrust & Indemnity U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Re: Amendmen:t To Indemnity Agreement No. B-64, Docket No. 50-289 50-320 Amendment No. 8
Dear Mr. Saltzman:
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.
Very truly~ours
- ) '-~ / .
~ . Grety~
Manager, Insurance & Claims HFG:ng attachment cc: C. Bollman J, E. Hilbish f'lOO, 1 :r
~ ' I ,
GPU Service Corporation is a subsidiary oi General Public Utilities Corporation
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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 (From 12:01 a.m., December 11, 1973, to 12 midnight, April 18, 1974, inclusive)
$110,000,000 (From 12:01 a.m. April 19, 1974, to 12 midnight, March 20, 1975, inclusive)
$125,000,000 (From 12:01 a;m., March 21, 1975, to 12 midnight, April 30, 1977, inclusive)
~
~
- - .---*~ **----------* . --- . . --------~----~ ...
$140,000,000* ( Frain 12 : 01 a . m. , May 1 , 1977 , to 12 midnight, April 30, 1979, inclusive)
$160, 000, 000*- * (From 12:01 a.m., May 1, 1979) 1.*
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION I
.]
I
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Accepted_ _ _ _ _ _ _ _ _ _ _ , 1979 l
- 1 l
! By OL_I___T""""AN--=E---Dr""""s"'="'ON,. ,. . _C---OM---P--AN__Y_ _ __
. _M_E_T-RO___P__
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Accepted_ _ _ _ _ _ _ _ _ _ _ , 1979 I' By
_J_E_R_SE_Y_C_E_N-TR_A_L_P___O--WE'"""'"R---&-L-IG-H-T""-c-o-M-PA,-N.,...,...Y-I Accepted_ _ _ _ _ _ _ _ _ _ _ , 1979 By_ _ :...-----------=--------
PENNSYLVANIA ELECTRIC COMPANY
- and, as of August 1, 1977, the amount available as secondary financial protection.
Dis tri but ion:
UFB Reading
- UFB Indemnity~](
. _Docket No. (s) IDinitz Reading
_Agreement No. 50-289, 50-320 SEP 2 _4 1980 Docket Files NSIC TERA 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:
We are presently reviewing our files -*and, note. that the fol 1owing 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 ) ANI
( *) 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
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_*/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*:,; I
. ;, _ 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,,...://:_.,-,
.-** .';::t:1::~a= : : ~~i~t';~r1::1~Jl/a !~y*t/:!,*:~~~rs~:t :., .., , ,.
. _:, ~ \/ : . * ..- . the 1nsurance *encJorsemen~ _and..about. a lt~rnati yes other *,-~han J nsurancf!' *r:(tJ:-:}:,;}::~'f\~(:: -t*
- 1 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: . .* c~.. <'.' .i:~. ' ...
- - :**.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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. NRC Form 3186 (4-79! NRCM 0240. '*- *:ifr,i.s. GOVERNMENT PRINTING *oll'P'lc*: ** ;.7.z,i-&0* <_..,, ~*: .
Mr. J. G. Herbein 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
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 MAY 1 1979 Docket No. 50-289 50-320 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, 11 Financial 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,
* ~ ~ m a n , 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 September 6, 1978 GQL 1487 q:- Mr. J. Sal tzm.an., Chief' Antitrust & Indemnity Group Of'f'ice of' Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555
Dear Sir:
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. Sincerely,.
. ~
J. G. Herbein Vice President-Generation JGH:DGM:cjg Attachment 78250025:3 }_l,ol
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METROPOLITAN EDISON COMPANY SUBSIDIARY OF GENERAL PUBLIC UTiL!TlES CORPORAT/CN POST OFFICE BOX 542 READING, PENNSYLVANIA 19603 TELEPHONE 215 - 929-3601 March 1, 1978 GQL 0331 Mr. Jerome Saltzman, Cnief Antitrust and Indemnity Group Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555
Dear Sir:
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
- UNITED STATES NUCLEAR REGULATORY COMMISSIC WASHINGTON, D. C. 20555 June 15, 1977 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:
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: I 1* 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 1ab 1e 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 , PENNSYL VANIA 19603 May 26, 1977 GQL 0718 Jerome Saltzm an, Chief Antitru st & Indemn ity Group U. S. Nuclea r Regula tory Commission Washin gton, DC 20555
Dear Sir:
Enclose d is one signed copy of Amendment No. 5 to Indemn ity Agreem ent No. B-64 as re~ues ted in your letter of April 20, 1977 Since~ J. G. Herbein Vice Preside nt JGH:DGM:eg Enclos ure: Am. No. 5 to Indemn ity Agreem ent No. B-64
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UNITED STATES NUCLEAR REGULATORY COMi\illSSIOi\l
,\-"i/ASH!NGTON; D. C ..20!!55 APR 2 0 1977 Metropolitan Edison Company Jersey Central & Light Company *Pennsylvania Electric Company ATTN: R. G. Arnold
- Vice President P. 0. Box 542
- Reading,* PA. -19603 Gentlemen:*
. He are enclosing herewith an amendment to your indemnity agreement reflecting the. changes to 10 CFR Part 140) 11 Financial 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.
- Sincerely;
~!fuJ/C~v-r-;7.
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- Jerome Saltzman, Cht~f *
- Antitrust & Indemnity Group_
Nuclear Reactor Regulation
Enclosures:
l .. Amendment to Indemnity .Agreement **
- 2. Amendment to 10 CFR Part 140 I
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., i' METROPOLITAN EDISON COMPANY SUBSIDIARY OF GENERAL PUBLIC UTILITIES CORPORATIO N POST OFFICE BOX 542 READING, PENNSYLVAN IA 19603 TELEPHONE 215 - 929-3601 April 11, 1975
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Mr. Jerome Saltzman, Deputy Chief Office of Antitrust & Indemnity Nuclear Reactor Regulatio n U.S. Regulator y Commission Washingto n, D. C. 20555 Re: Docket No. 50-289 .-~ ... _: ___ ,_,_ .....
Dear Mr. Saltzman:
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* Metropol itan Edison Company, Jersey Central Power & Light Company and ,Pennsy*lv ania Electric Company. If you havz any questions regarding the same, please contact me. Very truly yours,
*_~7~
£::: ;. Wilson Assistant Staff Counsel sp.
Enclosure cc: R. c. Arnold R. w. Conrad (Enc.) I. R. Finfrock (Enc.) H. F. Gerety (Enc.) H. w. Scheithau er (Enc.) J 40lf3
Docket No. 50-289 UNITED .STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 MAR 2 l 1975 Metropolita n Edison Company Jersey.Cen tral & Light Company Pennsylvani a Electric Company ATTN: J. G. Millet Vice President* Post Office Box 542* Reading, Penrisylvani a 19603 Gentlemen: We are enclosing herewith an*ameri.dme nt.to.. your indemnity agreement reflecting. the amendment to 10 CFR Part *140, "Financial Protection Require~ent s 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 Underwriter s. l i We would appreciate your indicating your.accept ance of the amendment to your indemnity agreement in the space provided and returning one
.1 signed copy. If you have any questions about the foregoing, please let us know *
- 1
.'-1 l Sincerely, I
i j , \.* *--~ ~~/ l ______ )~& ~..:2=;: ;/?.1~ l Jerome Saltzman, Deputy Chief Office of Antitrmi,t"' & Indemnity
- j. Nuclear Reactor Regulation
Enclosures:
- 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 TELEPHONE 215 - 929-3601 I April 3, 1974 Mr. Jerome Saltzman, Deputy Chief I I~ :I; Office of Antitrust & Indemnity Directorate of Licensing: . U. S. Atomic Energy Commission Washington,D. C. 20545 11 I
Subject:
Docket No. 70-1333
Dear Mr. Saltzman:
I 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
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I L ~- - - - * - * - - - - - - ---------~' POST OFFICE BOX 542 READING, PENNSYLVANIA 19603 TELEPHONE 215 - 929-3601 May 14, 1974 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:
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 a dated by a.i."'l officer of each of the three companies concerned in their official capacity to authorize such acceptance. Sincerely, j n ,~ J ~i QL-6tv,1'f, ;V}1v~d"----* ROBERT c. ARNOLD Vice President-Generation RCA:JFV:sh Enclosure cc: R. W. Conrad (Penelec) I. R. Finfrock, Jr. (Jersey Central) R. B. Heist (Met-Ed) 4 tt. 1~**n
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I. DISTRIBUTION: D YJ74 AEC PDR WMiller Local PDR RVollmer Docket RChitwood LWR 2-3 Rdg SKari (w/o TS) Docket No. 5~289 .ACRS (16) ASchwen.cer OGC EBrown (OL-only) RO (3) RHBernero NDube (w/o TS) EIGoulbourne . (2) Hetropolitan Edison Company MJinks (w/2 encls) ATTN: }Ir - Robert C. Arnold VAMoore Vice President _ DMuller P. 0. Box .542 FStMary Rea.ding, 1?ennsylvania" 19603 IWR BCs (w./o TS) CHebron (OL only) Gentlemen:*. *. ~ .. * * ~Foster (OL. only
, * . * ~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 Sincer!1y, Original Signe_g~..,
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*** - cnwencer. __;_J.;j A. Schwencer~ Chief Light Water Reactors Br. 2-3 Directorate of Licensing
Enclosures:
- 1. Operating License No. DPR-50 L:C/LWR 2-3 with Technical Specifications
- 2. Federal Register Notice
.Ifs- .
- 3.
- Indemnity Agreement- No. B-64*~ ASchwencer *
.* .Amendment No. 2--*
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di., .~, Robecf C. A~nold 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
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-,. UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 MAR 8 1974 Docket No: 70-133Y Metropolitan* Edison Company Jersey Central & Light Company Pennsylvania Electric Company ATTN: Mr. J. G. Miller, Vice President P.O. Box 542 Reading, Pennsylvania 19603 Gentlemen:
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. Sincerely,
\ ~--.
~ cSaltzman,
~ Jerome ~=/:~~
~~~_..
Depu_:t§ Chief . Office of Antitrust t Indemnity Directorate of Licensing
Enclosures:
- 1. Amendment to Indemnity Agreement (4)
- 2. Amendment to 10 CFR Part 140
/*
I METROPOLITAN EDISON COMPANY C:UBSID!ARYOF GENERAL PUBUCUTIL/TiESCORPORATION 1ST OFFICE BOX 542 READING, PENNSYLVANIA 19603 TELEPHONE 215 - 929-3601 January 15, 1974 Mr. L. C. Rouse, Chief Fuel Fabrication and Reprocessing Branch Directorate of Licensing U. S. Atomic Energy Commission Washington, D.C. 20545
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. 0ry f ~yo~411
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()_ /q_ J. G. Miller ~ Vice President kg Att.
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I METROPOLITAN EDISON COMPANY l'J0-1333 /
. SUBS!DlA.RY OF GENEi'?AL PUBLIC !JTIL/TiES CORPORATION I
~-------------* I POST OFFICE BOX 542 READING, PENNSYLVANIA 19603 TELEPHONE 215 - 929-3601 December 19, 1973 Mr. Seymour H. Smiley Deputy Director for Fuels and Materials Directorate of Licensing Office of Regulation U.S. Atomic Energy Commission Washington, DC 20545
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, Very truly}yours,
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M.i.ller I / Vice President I asb Enclosures 8408
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.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 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 to 1300 curies of Americium will be received for subsequent use as neutron sources for reactor initial startup, operation, and portable instrument calibration!!.
METROPOLITAN EDISON COMPANY
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- -.J.- - G.-Miller-------
/Vice President i
ATTES*T,: Secretary 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 A PECO Energy/British Energy Company AmerGen Energy Company, LLC Three Mile Island Unit 1 Route 441 South, P.O. Box 480 Middletown, PA 17057 Phone: 717-94+7621 March 09, 2000 5928-00-20056 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:
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/}}