ML19291A460
| ML19291A460 | |
| Person / Time | |
|---|---|
| Site: | 07000824 |
| Issue date: | 05/01/1979 |
| From: | Saltzman J Office of Nuclear Reactor Regulation |
| To: | Olsen A BABCOCK & WILCOX CO. |
| References | |
| NUDOCS 7905160148 | |
| Download: ML19291A460 (5) | |
Text
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/g UNITED STATES
- V O
NUCLEAR REGULATORY COMMISSION
$ J )M )/ $
WASHINGTON, D. C. 20555
.Y E
g-Q
/
?4AY 1 1979
?hs. PDB Docket No.70-824 The Babcock & Wilcox Company ATTN: Mr. Arne F. Olsen License Administrator Lynchburg, VA 24505 Gentlemen:
We are enclosing herewith an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Require-ments and Indemnity Agreements," 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.nillion 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,
[
/
Jerome Saltzman, Chief Antitrust & Indemnity G oup Office of Nuclear Reactor Regulation
Enclosures:
1.
Amendment tc Indemnity Agreement 2.
Amendment to 10 CFR Part 140 THis DOCUMENT CONTAIN POOR QUAUTY PAGES
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UNITED STATES O \\*
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WASHINGTON, D. C. 20555 E
.o 49.....,0 Docket No.70-824 AMENDMENT TO INDEMNITY AGREEMENT NO. G-2 AMENDMENT NO. 1 Effective May 1,1979, Indemnity Agreement No. G-2, between The Babcock and Wilcox Company and the Nuclear Regulatory Commission, dated August 1, 1977, is hereby amended as follows:
The amount "$140,000,000" is deleted wherever it appears and the amount "$160,000,000" is substituted therefor.
The amount "$108,500,000" is deleted wherever it appears and the amount "$124,000,000" is substituted therefor.
The amount "$31,500,000" is deleted wherever it appears and the amount "$36,000,000" 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.
$140,000,000 (From 12:01 a.m., August 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 f
M Jerome Saltzman, Chief Antitrust & Indemnity roup Office of Nuclear Reactor Regulation Accepted
,1979 By THE BABC0CK AND WILCOX COMPANY
- o632 Federal Register / Vol 44 No. 66 / Fndar A;
- n' 6.1979 / Rules and Regulations This document has been reviewed in hability claims resulung from a n.iclear and sections 552 and 553 of Title 5 of the accordance with FmHA Instruction mcident. Sect on 170 of the Act, requires Uruted States Code, the followmg 1901-G. " Environmental Impact the Nuclear Regu2atory Commission to amendments to Title 10. Chapter L Part Statements." !!is tne determination of mdemnify the bcensee and other 140. Code of Federal Regulations. re FmHA tnat this action does not persons mdemnified. up to the statutory pubbsbed as a document subject to constitute a major Federal action hmitatmn on babihty, against pubbe codification.
significantly affectmg the quality of the liabihty claims in excess of the amount human environment and in accordance of financial protection required.
I 140.11 MmeM*di with the National Environmental Pohey Subsection 170b. of the Act requires that
- 1. Section 140.11(a)(4) is amended by of 1969. Pub. L 91-190. an for facihties designed for producmg deletmg "$140.000.000" and substitutmg EnytronmentalImpact Statement is not substantal amounts of electricity and therefor "$160.000.000."
required.
havmg a rated capacity of 100 electrical megawatts or more the amount of f m m Mmem O Authonties:(4211.S.C.14ao delegabon of autbonty by the Sceetary of Agncultun. 7 financial protection required shall be
- 2. Section 140.13a(s)is amended by 3
CFR 2.23. delegation of authonry by the the maximum amount available from deletmg the term "$140.000.000" and Assistant Secretary for Rura! Development. r pnvate sources. For other hcensees. the substitutmg th& $160.000.000 '
CFR ::J0)
Commission may r* quire lesser amounts Dated: March 30.197s.
of financial p*otection. Primary financial f 140.s1 menoodl protection may be in the form of pnvate
- 3. In i 140.91. Appendix A. Condition d
ties e lfins ance o other 4 is amended by revising the footnote to
"*~
"" taws FJed 4-6-m aos amj proof of financial responsibihty, or read as follows:"For policies issued by
'***"A
[F1t Doc 7s combinat2on of such measures.
Nuclear Energy Liability-Property The insurers who pronde the nuclear Insurance Association the amount will
""" CO'8 "
_ hability insurance. American Nuclear be "$124.000.000"; for policies issued by Insurers (ANI) and Mutual Atomic Mutual Atomic Energy Liability HUCLEAR REGULATORY Energy I iabibry Underwriters (MAELU). Underwriters, the amount will be COMMISSION have advised the Commission that
"$36.000.000.*
effective January 9.1979. the maximum
- 4. In i 140.91. Appendix A. paragraph 10 CFR Part 140 amount of primary nuclear energy III of the " Optional Amendatory Financial Protection Requirements and habihty insurance available was Endorsement" is amended by revising increased from $140 million to $160 the footnote to read as follows:
indemnity Agreements; Miscelianeous million. Pursuant to the provisions of "For policies issued by Nuclear Energy Amendmets subsection 170b. of the Act, the amount Liabihty-Property Insurance Association AGENCY: U.S. Nuclear Regulatory of pnmary financial protection required the amount will be "$124.000.000": for Commission.
for facilities having a rated capacity of policies issued by Mutual Atomic Acnow Fmal Rule.
100 electrical megawatts or more will be Eng LiabiW Underwnters the increased to $160 million, effective Mcy d W '336.000.000'*
suMaaAny; The provieions of Secton 170 1.1979. In addition, in compliance with of the Atomic Energy Act of1954.as 10 CFR Part 140, those persons hcensed i 140.s2 Mmended]
amended require production and to possess plutonium in the amount of 5 utihzation facihty licensees to have and kilograms or more and persons licensed
- 5. Section 140.92. Appendix B. Article maintain financial protection to cover to process plutonium in the amount of 1 E paragraph 8(a). La amended by pubhc liability claims resultmg from a kilogram or more for use in plutonium deletmg the amount "$108.500.000" nuclear incident.
~
processmg and fuel fabncation plants wherever it appears and substitutmg ne Nuclear Regulatory Commission will also be required to provide financial therefor "$124.000.000."
is amendmg its regulations to increase protection in the amount of $160 million.
- 6. Section 140.92. Appendix B. Article the level of the primary layer of Smce the amendments set out below IL paragraph 8(b). is amended by financial protection required of certain conform the Commission's regulations to deleting the amount "$31.500.000" indemnified licensees. The Commission a statutory requirement, the Commission wherever it appears and substituting is amendmg its regulations at the has found that good cause exists for therefor "$36.000.C907 present time to coincide. as statutorily omitting a value/tmpact analysis, public
- 7. Section 140.92. Appendix B. Article required, with the increase in the level notice of proposed rule making and IL paragraph 8(c). is amended by of the primary layer of insurance public procedure thereon as changin he amount "$140.000.000" to provided by pnvate nuclear hability unnecessary.
"$160.000.0007 insurance pools.
Pursuant to the Atomic Energy Act of
- 8. Section 140.92. Appendix B. Article EMCTtVE DATE: May 1.1979.
1954. as amended, the Energy Ill paragraph 4(b)(2). is amended by Fon FunTHER INFORMATION CONTACT:
8 charynng "$140.000.000" to Mr. Ira Dimtz Antitrust and indemnity
"$100.000.000?
gg Group. U.S. Nuclear Regulatory mamtenance of a pruna-r he.. nuclear habar>
INH M**
Commission. Washmgton. DC 20555.
in urence) Layer and. secondarr he..
(Phone: 301-492-6336).
retrospecove pre murnilayer or f.nancial protect 2or!
- 9. Section 140.93. Appendix C. Article SUPPLEMENTARY fMFORM ATION: The
$$,$'[,YnY,7,N,$c 77[,$75 IL paragraph 8. is amended by changmg pronsions of Section 170 of the Atomic Pan 140 of the Comm.ssion s regulations thai
"$140.000.000" to "$160.000.0007 Energy Act of 1954. as amended. (the implement the Act distmaushes between the
- 10. Section 140.93. Appendix C. Article Act) require production and utihzation
, "d *j,'[',1*
,"*"C'*[,,,
Ill paragraph 4(b)(2). is amended by C
facihty bcensees to have and mamtam
,a,3y,, mcres,e, m s, p,.un.,y iayer of rmanca:
changmg "$140.000.000" to financial protection to cover public protecuan
"$160.000.0007
Federal Register / Vol. 44. No. 68 / Fnday. Apnl S.1979 / Rules and Regulations 206a3 114494 ( Amended!
FEDERAL DEPOSIT INSURANCE Since the charges are procedural in
- 11. Section 140.94. Appendix D. Article CORPORATION
"" "## # "#C**
U ll paragraph 6. is amended by changma amendment. the Board of Directors of 12 CFR Parts 307 and 327 the Federal Deposit Insurance
"$140.000.000" to "$160.000.000..,
Assumption and Assessmelt of Corporation has determined, under i1 6 (Amended!
Deposit Liabilities of Insured Banks:
Section 302.6 of its rules and regulations
- 12. Section 140.95. Appendix E. Article Vohmtary Terrnination of-insurance (12 CFR l 302.6), that notice of and 111. paragraph 4(b)(2), is amended by Status public p Mipation in this rulemaking is unnecenary and eat good cause changing "$140.300.000" to AGENCv: Federal Deposit Insurance sts im b waher oW Way
"$160.000.000."
Corporation.
deferral of the effective date for the 9 140.107 [ Amended]
ACDON: Final rule.
changes.
Accordingly,12 CFR 307.3 and 327.2
- 13. Section 140.107. Appendix G.
suuuany: Die Federal Deposi, su paragrapl. (b) are changed as Article Il paragraph 6(a). is amended by Insurance Corporation has decided to fg deleting the amount "$108.500.000" revise and amend il 307.3 and wherever it appears and substituting 327.2(b)(3) of its regulations to: (1)
PART 307-VOLUNTARY therefor "$1 4.000.000."
irnplement Sections 304 and 310 of the TERMINATION OF INSURANCE
- 14. Section 140.107. Appendix G.
Financial Institutions Regubtory and STATUS j
Interest Rate Control Act of1978 L U N E b ned M nai CA) wM pertak to se i ting the am un 1
assumpti n and assessment of deposit wherever it appears and substituting i 307.3 steps to be taken and records to liabilities ofinsured banks, and (2) w wm tm caporswere therefor "S36.000.000..,
" *" ***" " D "" " **" #
- 15. Section 140.107. Appendix G' ENECnVE D AT1E: Aptd 6.1979.
bank.
Article Ill paragraph 6(c), is amended FOR FURTHER INFOAuADON CONTACT:
(a) Whenever the deposit liabilities of by changing the amount "$140.000.000..
to "$160,000'000 "
Jerry L Langley Senior Attorney, an insured bank are assumed by another Federal Deposit Insurance Corporation, insured bank, whether by merger.
- 16. Section 140.107. Appendix G. -
55017tn Street. N.W., Washington. D.C.
consolidation, or other statutory Article IIL paragraph 4(b). is amended 20429, telephone (202) 38%4237.
assumption, or by contract, the by changing the amount "$140.000.000" continuing bank shall give notice of the s PPLEumTAny mr RuAn N-Section 304 of FIRIRCA amends Section 8(q) of assumption to the depositors of the bank i 140.108 [Amendedl the Federal Deposit Insurance Act (FDI whose deposits are assumed within 30
- 17. Section 140.108. Appendix G.
Act) to provide that whenever the days after the assumption takes effect.'
Article IL paragraph 6. is amended by deposit liabtlities of an insured bank are Such notice shall be (1) mailed to each assumed by another insured bank.
depositor at the depositor's last address changing the amount "$140.000,000' t whether by merger consolidation, or of record as shown upon the books of M 000/
other statutory assumption, or by the bank. (2) published in not less than
- 18. Section 140.108. Appendix H.
contract:(1) the insured status of the tw issues of a local newspaper of Article III. paragraph 4(b). is amended bank whose deposits are assumed shall general circulation and (3)in form by changing the amount "$140.000.000" terminate on the date the Corporation substantially as follows:
@*'*I to "$160.000.000."
receives satisfactory evidence of the No ic to De tors EFFECMVE DATE:The foregoing assumotion:(2) the separate insurance arnendments become effective on May 1.
of allinsured deposits so assumed shall liabthties shown on the books of(Name of
- 3979, terminate six months after the date the Assumed Bank)
(City or town) assumption takes effect or,in the case of (State]
as of close of (Secs.161. Pub. L s3-ro3. Se Stat. 948 (42 any time depostt the earliest maturity busutess on
.1,9-- have been U.S C :'.:'01): Sec.170. Puta. L a5-58. 71 Stat.
date after the six-month period; and (3) assumed by the undersigned bank. The 5ra. 'ub. L 94-197. 89 Stat.1111 (42 t 3 C the continuing bank shall give notics of insured status of[Name of assumed bank)
.:10,. Sec. :'01. Pub. L 93-438. as amended. 88 p
the depos fthe will ternunate at the time provided in section thejs Stat.1:42. 89 Stat. 415 (4:U.S.C 5841))
8(q) of the Federal Deposit Insurance Act.
' Ole separate insurance of its deposits wdl Dated at Washington. D.C tius and day of wtthin 10 days after the assumption therefore ternunate at the end of six months takes effect. Section 307.3 has been from the above date or, in the case of a time For the Nuclear Regulatory Commission.
revised to implement these provisions deposit, the earliest matunty date after the saw I. cwk.
and to correct an incorrect citation by six-month period.
wmuy s o c.umm ma changuu the reference "I 304.3 (s) and You are advised that the undersigned bank ya onc. wanu n.d -sa us aml (t)" in Section 307.3(b) to "I 304.3 (u) is an insured bank and that your deposits wdl an.uma coot neo owes and (v)"
contmue to be insured by the Federal Deposit ae rp rum in the niennn and to Section 310 of FIRIRCA amends the extent provided m said Art.
Section 7 of the FDI Act to exclude IName of Bank) deposits accumulated for the repayment (Address) of personalloans from the definition of There may be included in such notice deposits for insurance assessment any additional information or advice the purposes. Section 327.2(b)(3) of FDIC.s bank may deem desirable.
regulations has been amended to aline its oefinition of the term " deposit" for g,
g assessment purposes with that of pnantom" bank mergers as denned m footnote 2a Section 310 of FIRIRCA.
of s,cuan aca.m gsi.
j Federal Register / Vol. 44. No. 80 / Tuesday. April 24. 1979 / Rules and Regulatiens 24M5 NUCLEAR REGULATORY Appendix B identifies those Requests for the sale of motor aaschne would
. COMMISSION for Interpretation which have been constitute the imposition of a more sinnsent dismissed dunng the same parisd.
cremt :erm than the credit terms m ef fect on 10 CFR Part 140 M' n 15.19r3..n s ;oia:lon of 1210 62:al FoR FtJRTHER INFORMATtON CONTACT' The Generai Al!> cation and P9ce Rules wt Diane Stubbs. Office of General farrh at to CFR Pm 210 and adopted on Financial Protection Requirements and Counse!. Department of Energy 12th &
[anuan 14.19r4 a ER 1924 tlanuar3 15.
Indemnity Agreements; MisceHaneous Pennsylvarua Avenue NW, Room 1121.
19'4 L were mtended to set forth the Amendments s
Washington. D.C. 2tM61 (202) 633-9070.
proustons apphcabie to botn the Mandatory Correchon SUPPt.EMENTARY INFORM ATION' Petroleum Aliocation Regu. itions (10 CFR Interpretat.ons issued pursuant to 10 P tt 211) and the Ntandaton Petroleum Pnte In FR Doc.,3-10853. appeanng at Regulanons (10 CFR Part 212). The allocation CFR Part 205. Subpart F. are published and pnce regulattons were adopted to page 20632 in the issue of Fnday. Apnl in the Federal Register in accordance implement the statutory mandate of Section 6.1979, on page 20637. make the with the editonal and classification 4ral of the Emergency Petroleum Allocation following corrections 1 cntena set forth in 42 FR 7923 (February Act of 1973 (EPAA). as amended. Pub. L No.
(1)In the first column in paragraph 15.
8.1977). as modified in 42 FR 46270 93-159 (November :".19'3). '
in the second hne. correct " Article III" t (Sep tember 15.1977].
b"
"I read " Article 11" These Interpretations depend for their function of price m recos ution of the s ar> ma (2) In paracaph 17. In the first h.n e.
roles that credit and other conditions of sale authonty on the accuracy of the factual play m the fim of product.'Section 210 6:tal correct Appenda G to read statement used as a basis for the proudes n re!eunt part:
Appenda H" Inte*pretation (10 CFR 205 Mf a)(2!) and "Suponers wm crit wi h purchasers cf an en.una cooe nos-owu may be rescinded or modified at any adocated product accoreme to normal
-~
~ ~ ~~
time { { 205 85(dJl. Only the persons to business practice s m effect donng tne base whom laterpretations are addressed and peri d specified in Part 211 for that ailocated DEPARTMENT OF ENERGY other persons upon wham product. and no suppher may modify any Interpretations are served are entitled to normal bus: ness practice so as to result m the circumvention of any provision of this 10 CFR Part 205 rely on them (i 205.85(c)). An cha pter.
. Credit terms other than those Interpretation is modified by a associated with seasonal credit programs are Administrative Procedures and subsequent amendment to the included as a part of the May 15.19'3 pr:ce Sanctions; 1979 Interpretations of the regulation (s) or ruhng(s) interpreted charged to a class of purchaser under Part General Counsel thereby to the extent that the 21: of this Chapter. Nothna m this paragraph AGENCY: Department of Energy.
Inte9retation is inconsistent with the st au be construed ta require suppbers to sed amended regulation (s) or ruling (s) to purchasers who do not arrange proper ACTtON: Notice o Interpretations.
credit or payment for a; located products. as
() 205 85{c)). The Interpretations customanly associated with that class of
SUMMARY
- Attached is the Interpretation pubhshed below are not subject to purchaser.
on May 15.1973.
issued by the Office of General Counsel appeal Hawon. no suppher may require or impose of the Depertment of Energy under 10 Issued m Washmgton. D C.. Aprd 10.1979.
more stnngent credit terms or payment CFR Part 205. Subpart F. dunna the w u=e* 9 schedules on purchasers than those u1 effect penod March 1.1979. through March 31, 4"
" ce*+ ceel er mem== w em f r that class of purchaser on May 15.
& < e e ce-em cuees 19r3.
g 979, Accordmg to the facts presented by Smclair. ne:ther at the present time rior on Appenas A-4nterpretanons
'Is C S C 's1 W we l r61
'Smce +e ceacon by me Temporerv Fmergency No to Osie category F.e No Court of Arres:s m Mycmon DJ Ca v. FEA. W F 2d 11e (TECA 1rs; mew can De no couot 19 % M.
Samas Os c.yporeson-wart 5 4449 concernmg the au 5orny of the Feaeral Energy Admm:stranon IFFAI and us successor. :be DOE. to reguiate credit terms incident to the mandatory petroleum pnce reeWanons in add. tion. te DOE Interpretahon 19'3-5 account. At the present time. Sint! air desires has res Ived 'ssues simdar to the one presented by S
81 c ncenug whether changes in credit te me TO. Sinclair Od Careerstmn to modify its standard contracts for the sale are pemussible m view of the prowsions of
- ' W Ohn W" n'" Ch* T8' 1 no 6:tal. See Enon Compcnv. US A. 2 DOE Recictun late pre:ed: 10 CFR 210.62:al of one and one-half (thl percent monthly on Wiso tOctober 28. tr8t Cnsid Od Co.1 FEA Code: GCW-P!--N,ormal busmess practices the balance of all accounts not paid within 30 1:0 tot fOctober s. tr41 in Od Trans;r Cm.
davs No other credit terms are to be Integre' anon i9"-3s. 42 FR 54 rd !OctorM 5.
Facts charged.
IA 2e DOE found that requmca purchase *s of The Smclair O<l Corporanon. a smail and motor uasohne to neur far ibe first nme me independent reimer noiect to 10 CFR Part
/me adotional cost of ooinining :etters of crec:t guarant emg po rnen to Od Transit wouid 'ias e the 210. Subpart E. maruets petroieum products Oces Sinciair s proposai to assess a finance effect of mposma a more sennent credit te m than thrr'uan es subsid.a v. Smciarr Markenra.
chan:- on all dennquent accounts consutute the c ed.t te-ns.n effect on May is.19 3,n inc Snclairl S'nce May 10'3. Smelmr3 te mocsnon of a more stnraent cred:t term Smianon of I nc sea. However. ma DCE has no' starida-d contracts w:th tabbers and dea!ers than the c* edit terms in effect on May 15.
prevmush consWred a case sucn as me crewm for the iale of motor gasohne nase reouirad W3. wehin *he meanmg of to CFR 210 ti:lal' ene =nere the peupmed mne.n tredii tem pavment n fud witnin 30 das s P nment.n wow woty oruv 2f
- re wren.ase prxe es aue 'n f ad wunin 10 days has enntled a purcnaser 'o
'"MN IW n i percent discount on the purchase pnce For 'he reasons set forth below he Sinclair has considered an account Department of Energy ' DOE! has cetermmed outstancma for more man 10 days to be in
- hat Nncia:r s mclusion of a 1's percent cefault and samect 'o suit In : hat mstance monmiy imance charge on ad accounts tot cat lection costs would oe ass.gnabie to the ped w: thin 30 days m.ts standard contracts