ML19254C659
| ML19254C659 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 09/28/1979 |
| From: | Saltzman J Office of Nuclear Reactor Regulation |
| To: | Mcneer C WISCONSIN ELECTRIC POWER CO. |
| References | |
| NUDOCS 7910170074 | |
| Download: ML19254C659 (3) | |
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,c, UtilTED STATES f 7, v, 7 i NUCLEAR REGULATORY COMMISSION
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',. E WASHING TO N, D. C. 20555 September 28, 1979 Docket No. 50-266 50-301 wisconsin Eiectric runer-Lompanj ATTH: Mr. C. S. McNeer, President
& Chief Executive Officer 231 West Michigan Street Milwaukee, Wisconsin 53201 Gentlemen:
As was discussed in your telephone conversation with Ira Dinitz of my staff, we are enclosing herewith a duplicate original of Amendment No. 10 to your indemnity agreement, B-41, reflecting a change in 10 CFR Part la0, " Financial Protection Recuirements and Indemnity Agreements."
The amendment to Part 140, which was effective on August 1,1977, adds a new " Article VIII" to 1 140.92.
This article establishes procedures that the Connission would utilize to recover retrospective premiums paid by the Government on behalf of defaulting licensees.
We would appreciate your indicating your acceptance of the amendment to your indemnity agreement in the space provided and returning one signed copy to the undersigned.
Sincerely, y
rome Saltzman, Chief Antitrust & Indemnity Group Office of Nuclear Reactor Regulation
Enclosure:
Amendment to Indemnity Agreement l l C,.(
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UNITED STATES
!(7 NUCLEAR REGULATORY COMMISSION 4 M,, d, y ii W ASW NGTO N, D. C. 20555 W~ /pl
?00RBR1 eM Dochet Nos. 50-266 DUPLICATE ORIGI!iAL A"I":!':" T: :':::"":-" A:3.::":P "O
- 27 AMENDMENT t'0.10 Effective August 1,1977, Indennity Agreement No. B al, between Wisconsin Electric Power Company, and the Atomic Energy Ccamission, dated October 9, 1969, as amended, is hereby further amended by adding a new Article VIII to read as follows:
" ARTICLE VIII "1.
If the licensee fails to pay assessed deferred preniums, the Ccmmission reserves the rignt to pay tnose preniums on Denalf of the licensee and to recover the amount of such premiums from the licensee.
"2.
The Commission shall require the immediate submission of financial statements by those licen:;ees who indicate, after an assessment of the retrcspective premium by the insurance pools, that they will not pay the assessment.
Such financial statements shall include, as a minimum, exhibits indicating internally generated funds from operations and accumulated retained earnings.
Subsequent submission of financit statements by such licensees may be requested by the Ccmission, as required.
"3.
If premiums are paid by the Comission as provided in paragraph 1, payment by the Cormission shall create a lien in the amount paid in favor of the United States upon all propert/ and rights to property, whether real or personal, belonging to such licensee. The lien shall arise at the time payment is made by the Comission 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 Conmission 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.
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"4 If the Commission determines that the licensee is 1inancially able to reimburse the Conraission for a deferred premium payment made in its behalf, and the licensee, af ter notice of such determination by the Cocinission fails to make such rei.nbursement within 120 days, the Cocriission will take appropriate steps to suspend the license for 30 days. The Comission may take any further action as necessary if reimbursement is not made within the 30-day suscension period including, but not limited to, termination or tne operating license. FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION h Jercme Saltzman, Chjdf Antitrust and Indynity Group Office of fluclear Reactor Regulation A::s; tad , 1979 By WISC0t4 Sits ELECTRIC POWER COMPAt4Y l l Li.[
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