ML19291A462
| ML19291A462 | |
| Person / Time | |
|---|---|
| Site: | 07000754 |
| Issue date: | 05/01/1979 |
| From: | Saltzman J Office of Nuclear Reactor Regulation |
| To: | Cunningham G GENERAL ELECTRIC CO. |
| References | |
| NUDOCS 7905160151 | |
| Download: ML19291A462 (5) | |
Text
4 UNITED STATES g
k NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 S;'
%.....s Min i Docket No.70-754 Ddqtrz pyg General Electric Company ATTN:
Mr. G. E. Cunningham Vallecitos Nuclear Center P. O. Box 846 Pleastanton, CA 94566 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 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, t
Jerome Saltzman, Chie Antitrust & Indemni Group Office of Nuclear Reactor Regulation
Enclosures:
1.
Amendment to Indemnity Agreement 2.
Amendment to 10 CFR Part 140 THIS DOCUMENT CONTAINS POOR QUAUTY PAGES 79051601F/ -
O*
UNITED STATES j
e%
NUCLEAR REGULATORY COMMISSION
{..( % )/ 4j WASHINGTON, D. C. 20555
[
Docket No.70-754 AMENDMENT TO INDEMNITY AGREEMENT N0. G-4 AMENDMENT NO. 1 Effective May 1,1979, Indemnity Agreement No. G-4, between General Electric 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)
$160,000,000 (From 12:01 a.m., May 1, 1979)
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION
[
Jerome Saltzman, Chi Antitrust & Indemn Group Office of Nuclear Reactor Regulation Accepted 1979 By GENERAL ELECTRIC COMPANY
20632 Federal Register / Vol 44 No. 68 / Fnday. Apru 6.19 9 / Rules and Regdatwns This document has been reviewed m hability claims resultmg from a nuclear and sections 552 and 553 of Title 5 of the accordance with FmHA Instruction mcident. Section 170 of the Act requires Umted States Code, the fouowmg 1901-G. " Environmental Impact the Nuclear Regulatory Commission to amendments to Title 10. Chapter 1. Part Sta tements ".It is the determination of indemnify the beensee and other 140. Code of Federal Regulations. are FmHA. hat this action does not persons mdemnified up to the statutory pubhshed as a document subject to consti ute a major Federal action hmitation on hablity, agamst pubhc cudtfication.
signifii Intly affecting the quality of the hability clatms m excess of the amount human environment and in accordance of financial protection required.
{ 140.11 [ Amended) with the National Environmental Pohey Subsection 170b.of the Act regtures that
- 1. Section 140.11(a)t4) is amended by of 1909. Pub. L 91-190. an for facihties designed for producing deletmg "S140.000.000" and substitutmg Environmenta! Impact Statement is not substantial amounts of electricity and therefor "$' a000.000."
regtured.
having a rated capacity of 100 electncal megawatts or more, the amount of
{ 140.13a [Amendedl Authorities:(42 U.SL 1480; delegation of fmancial protection ' required shall be
- 2. Section 140.13a(a) is amended by authonty by the Secetary of Agnculture. 7 the maximum amount as allable trom CE L23. delegation of authonty by the deletmg the term "$140.000.000" and Assistant Secretary for Rural Development. 7 pnvate sources. For other bcensees. the substitutmg therefor "$160.000.000.*
CFR 170)
Commission may require lesser amounts Dated Marco 30.1979.
of fmancial protection. Pnmary fmancial { 140.91 (Amenoodl protection may be in the form of pnvate b i WL WW A Nh d
s a lf-insu nce o other 4 is amended by revising the footnote to
~
~
read as follows: "For pohcies issued by Immmo. ml proof of fmancial responsibibty, or n oaiam rae4-m -j combination of such measures.
Nuclear Energy Liability-Property
- GCC05 " "
Tbc insurers who provide the nuclear Insurance Association the amount will liability insurence. Amencan Nuclear be "$124.000.000"; for policies issued by insurers (ANI) and Mutual Atomic Mutual Atomic Energy Liabihty NUCLEAR REGUI.ATORY Energy Liability Underwriters (MAELU). Underwriters, the amount will be COMMISSION have advised the Commission that
"$36.000.0007 effective }anuary 9.19"9 the maximum
- 4. In i 140.91. Appendix A, paragraph 10 CFR Part 140 amount of primary nuclear energy III of the " Optional Amendatory liability insurance available was Endorsement" is amended by revising Financial Protection Requirernents and increased from $140 million to $100 the footnote to read as follows:
indemnity Agreements; Misceltaneous milli n. Pursuant to the provisions of "For policies issued by Nuclear Energy Amenhts subsection 170b. of the Act, ths amount Liability-Property Lisurance Association AGENCY: U.S. Nuclear Regulatory of pnmary fmancial protection required the amount will be "$124.000.000"; for Commission.
for facilities having a rated capacity of policies issued by Mutual Atomic ACnow Final Rule.
100 electrical megawatts or more will be hrgy Liability Underwriters the mcreased to $160 million effective May amount will be "$36.000.000.,,
SUMMA.RY: De provisions of Section 170 1,1979. In addition, in compliance with of the Atomic Energy Act of 1954. as 10 CFR Part 140, those persons hcensed
{ 140.92 IAmended]
amended. require production and to possess plutonium in the amount of 5 utilization 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 Il paragraph 8(a). is amended by pubbe liability claims resultmg from a kilogram or more for use in plutonium deletmg the amount "$108.500.000" nuclear incident, processmg and fuel fabrication plants wherever it appears and substituting 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. Append:x B. Article the level of the pnmary layer of Smce the amendments set out below II paragraph 8(b). is amended by financial protection required of certain conform the Commission's regulations to deletmg 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 "$38.000.0007 present time to coincide, as statutorily omittmg a value/ impact analysis, public
- 7. Section 140.92. Appendix B. Article required. with the increase in the level notice cf proposed rule making and IL paragraph 8(c). in amended by of the prtmary layer of insurance public procedure thereon as changing the amount "$140.000.000" to provided by private nuclear liability unnecessary.
"$160.000.000 "
insurance pools.
Pursuant to the Atomic Energy Act of 8 Section 140.92. Appendix B. Article 1954, as amended. the Energy Ill, paragraph 4(b)(2), is amended by EmCnVE DATE: May 1.1979.
FOR FURTHER INFORMATION CONTACT' changmg "$140.000.000" to Mr. Ira Dmitz Antitrust and indemnity
"$160.000.0007
,3 y %
g Group. U.S. Nuclear Regu'atory m mien,nc, of pnmary he euc2 ear habibty I **
I^m*"d*C Commission. Washmgton. DC 20555.
insurance 11ayer and a.econdarr b.e repecuve premmmilayer of enanaal pro'y-con
- 9. Section 140.93. Appendix C. Article (Phone: 301-492-8336).
e I,$,$7sT $anNNe' NU ",
- 11. paragraph 8. is amended by changmg SUPPUEMENTARY $NFORMATION: The r
provisions of Section 170 of the Atomic part 140 of tne commasion's regulacons : hat
"$140.000.000" to "$100.000.0007 Energy Act of 1954. as amended. (the impiement the Act disimymshes between he
- 10. Section 140.93, Appendix C. Article Act) require production and utilization F[c},*,dg,j,[,],',],(,],(,,,
111. paragraph 4(b)(21. is amended by facihty bcensees to have and maintam solch to mcreases m the pnmary layer of 6nancial changing "$140.000.000" to financial protection to cover pubbc protecton
"$160.000.0007
Federal Register / Vol. 44. No. se / Fnday. Apnl S.19 9 / Rules and Regulations 20633
- 1 140.94 (Amendedl FEDERAL DEPOSIT INCURANCE Since the changes are proceduralin
- 11. Section 140.M. Appendix D. Artic!e CORPORATION
!!. paragraph 6. is amended by changing amendment. the Board of Directors of
"$140.000.000" to "$160.000.000...
12 CFR Parts 307 and 327 the Federal Depostt Insurance Assumption and Assessment of Corporation has determined, under l 140.95 ( Amended)
Deposit Liabilities of Insured Banks; Section 302.6 ofits rules and regulations
- 12. Section 140.95, Appendix E. Article Voluntary Termination of insurance (12 CR I 302.6). that notice of. and III. paragraph 4(b)(2). is amended by Status pubhc participation in, this rulemaking changmg "$140.000.000" to AG ENCY: Federal Deposit Insurance
'y'g*M' *a ohe
'8 da
$160.000.000.
Corporation.
deferral of the effective date foi the i 140.107 [ Amended]
ACTION: Final rule.
changes.
- 13. Section 140.107, Appendix C, suuuARY: The Federal Deposit Accordingly,12 CB 307.3 and 327.2 Article II, paragraph 6(.) is amenEfed by Insurance Corporation has decided to su paragraph (b) are changed as fg,'
deleting the amount "$108.500.000" revise and amend Ii 307.3 and wherever it appears and subsntunng 327.2(b)(3) of its regulations to: (1)
PART 307-VOLUNTARY therefor "$124.000.000."
implement Sections 3M and 310 of the TERMINATION OF INSURANCE
- 14. Section 140.107. Appendix G.
FinancialInstitutions Regulatory and STATUS Interest Rate Contrcl Act of 1978 Ar I d by (FIRIRCA) wh:ch pertain to the 1.12 CFR 307.3 is revised to read:
del ing the a
' I wherever it appears and substituting assumption and assessment of deposit 1 307.3 stepe to be taken and records to 8
88 8008 therefor "$36,000.000.-
be furnished the corporation wm
- 15. Section 140.107 Appendix C-d*#* ""
DY "" '"*""*"'*d EmCTIVE DATE: Aprt! 6.1979.
bank.
Article IIL paragraph 6(c), is amended FOR FURTHER INFORuADON CONTACT:
(a) Whenever the deposit liabilities of I
- g.
Jerry L Langley, Semor Attorney, an insured bank are assumed by another Federal Deposit Insurance Corporation, insured bank, whether by merger.
- 16. Section 140.107. Appendix C.
55017th Street. N.W., Washington. D.C.
consohdation or other statutory Article III, paragraph 4(b). is amended 20429 telephone (202) 389-4237 assumption, or by contract, the by changing the amount "$140,000.000" s
MENT y mFORuAnOm Section c ntinuing bank shall give notice of the 3M of FIRIRCA amends Section 8(q) of assumption to the depositors of the bank i 140.10s [ Amendedj the Federal Deposit Insurance Act (FD!
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 II, paragraph 6. is amended by deposit !iabilities of an insured bank are Such notice shall be (1) mailed to each changing the amount "$140.000.000" t assumed by another insured bank.
depositor at the depositor's last address whether by merger, consolidation, or f record as shown upon the books of
"$100.000.000."
other stanatory assumption or by the bank. (2) published in not less than
- 18. Section 140.108. Appendix H.
contract:(1) the insured status of the two issues of a local newspaper of Article III. paragraph 4(b). is amended ba tk whose deposits are assumed shall general circulation, and (3) in form by changing the amount "$140.000.000" teamnate on the date the Corporation substantially as follows:
to "$160.00t1000.~
receives satisfactory evidence of the EMCTIVE DATE:~llie foregoing assumption:(2) the separate insurance NU'hC' '0 p,sa be sed that the deposit amendments become effective on May 1.
of allinsured deposits so assumed shall liabilites shown on the books of(Name of
- 7979, terminate six months after the date the Assumed Bank)
(City or town)
(Secs.161. Pub. L SV03. 68 Stat. 948 (42 assumption takes eff?ct or,in the case of (State) a of close of U.S C 22oll: Sec.17o. Pub. L 85-258. 1 Stat.
any time deposit, tne earliest maturity busmess on
. 1,9-- have been 576. Pub. L 9+-19*. 99 Sta t.1111 (42 U.S.C date after the six-month period: and (3) assumed by the undersigned bank. ne
.21o) Sec. 201. Pub. L 93438. as amended. 88 the contmumg bank shall give noece of msured status of(Name of assumed bank)
Stat.1242. 89 Stat. 415 (42 U.S.C 5841))
the assumption to the depositors of the mil ternunate at the time provided in sect 2on bank whose deposits are assumed
% f the Neral Deposa Insunnce Act.
Dated at Washmgton. D.C. this 2nd day of The separate insurance ofits deposits will w' thin 30 days after the assumption therefore termmate at the end of six months Pg 19~*
takes effect. Section 307.2 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 earbest matunty date after the s===C. chik.
and to correct an inco rect c:tation by six. month period.
semam. c-==
changing the reference "I 3M.3 (s) and You are advised that the undersigned bank fit om womu m.o usa e4s emi (t)" in Section 307.3(b) to "I 3M.3 (u) ts an insured bank and thst your deposits will c ntmue t be msured by the Federal Deposit sumo coon neo.es-a and (v)"
Section 310 of FIRIRCA amends Insurance Corporanon in the manner and to
,te extent provided in said Act.
Section 7 of the FDI Act to exclude (Name of Bank) deposits accumulated for the repayment (Address l of personal loans from the defimtion of deposits for msurance assessment There may be included in such notice any additional information or advice the purposes. Section 327.2f b) 3) of FDIC.s regulations has been amended to aline bank may deem desirable.
its oefimtion of the term "depos:t" for g_
assessment purposes with that of 3.o,.. dann m,rners a. defined in foomote :a Section 310 of FIR 1RCA.
of section mtuam Ms.
y'/ '
Federal Register / Vol. 44. No. 80 / Tuesday. April 24. 1979 / Rules and Regulations 24045 NUCLE $R REGULATORY Appendix B identifies those Requests for the sale of motor gasubne would COMMISSION for interpretation which hase been consntuie the imposmon of a more strmsent dismissed during the same penod_
credit erm than the cred:t terms m effect on 10 CFR Part 140 FOR FURTHER INFORMATION CONTACT:
a n and ce e s. *f Diane Stubbs. Office of General forth at 10 CFR Part 2:0 ar d adopted on Financial Protection Requirements and Counsel. Department of Energy.12th &
January 14.1974 39 FR 1924 ihnuary 15 Indemnity Agreements; MisceHaneous pennsylvania Avenue NW., Room 1121, 1974). kere mtended to set fortn the Amendments s
Washmgton, D.C. OtM61 (202) 633-9070.
proustons apphtabie to both the Mandatory Conection SUPPt EMENTARY INFORMATION:
Part 2111 and the Niandatory Petroieum ftce Interpretations issued pursuant to 10 In FR D c. 79-10853. appearing at Regulanons (10 CFR Part 212). The allocation CFR Part 205. Subpar 1 F, are published and pnce regulations were adopted to page 20632. in the issue of Fnday. Apnl m the Federal Register in accordance implement the statutory mandate of Section 6.1979. on page 20637 make the with the editonal and classification 4(a) of the Emergency Petroleum Allocanon following corrections:
(1) in the first column in paragrapu 15, criteria set forth in 42 FR 7923 (February Act of 1973 (EPAA). as amended. Pub L Not 8.1977), as modified in 42 FR 46270 93-159 (November :".19*3). '
in the second ime, correct " Article IU" to Se cti n 210.62f a) regula:es credit terma as a (Sep' ember 15.1977).
read " Article II" funcnon of pnce m recoemnon of the varym These interpretations depend for their (2)In paragraph 17. in the first line-roles that credit and other conditions of sa:e authority on the accuracy of the factual piav in tre Anw of product ' Sect:en 210 62:al ccnect, Appendix G., to read statement used as a basis for the proudes m ielevar.t part Appendix il Interpretat:on (10 CFR 205 84(a)(21) and "Supphers w:i! de d wch purchawrs cf an ewho coot isos-ci-as may be resemded or modified at any allocawd prooutt accorcm o no-nal time () 205.85(d)). Or;y the persons to busmess practmes m effect durmg the base
~~
~
~ ~ ~ ~ - - - - ~~
whom Interpretations are addressed and pen d spec fled m Part 211 for that allocated DEPARTMENT OF ENERGY other persons upon whom f,[,"'3 '
ss ((act ceYa[to P'
b u n me Interpretations are served ase entitled to circumsention of any provision of th:s 10 CFR Part 205 rely on them (i 205.85fcll. An chapter.
. 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 pa-t of the May 15.1973 pnce Sanctions; 1979 Interpretations of the regulation (s) or rulmg(s) mterpreted charged to a class of purchaser under Part General Counsel thereby to the extent that the 212 of this Cha;uer. Nothne m this paraceph AGENCY: Department cf Energy.
interpr'etation is inconsistent with the shaa be construed to require supphers to seil d d 88
$l
}
to purchasers who do not arrance proper ACTION: Nottce o[ Interpretations.
(1205.85(e)). The Interpretations cred4t or payment for allocated prooucts. as customanly associated with that class of
SUMMARY
- Attached is the Interpretation published below are not subject to purchaser.
on May 15.19 3.
Issued by the Office of General Counsel appeal.
However. no suppher may requre or impose of the Department of Energy under 10 lasued n Washmgton. D C.. Apnl 10.19~9.
more stnngent credit terms or payment CFR Part 205. Subpart F. during the N
- hsw k, schedules on purchasers than those in effect f 'th*1'
f
"h
" M'I I5' P
penod March 1.1979, through March 31.
d'
' ' Ce"* % C"
- i
- i = '**""'
- Ai*
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39 '
1979.
Accordmg to the facts prewnted by Sinclatr. neener at the present tirne nor on Appendia A-4ntegretahons
'15 U S C. r5t et sn (ini
'Since the decision by the Temporry Emergency No To oate Camgory Fee No Court of Aweis Ln Afamt.W OJ Co y FEA W F 2d M40 (TECA trfd. me e can be no dout:t i9 %3 _ -
Sircar Os Carporenon Warm 5 -
_. %ce.. - _
A-349 concming me autnorty of me federal Enenry Admmistranon (FTAl and its suctemr the DCE. to readate creo:t terms incident to the mandato v petroleum pnce reguistiors. In additmn. Me DOE Interpretation 19%5 account. At the present time. SirK! air desires has res ived issues sinular to the ore premiad by To Smciair Oil Corporation to modify its standard contracts for the sale are pcmssu"e ut view of the prmsmns of f m t r gas hne to reque a fmantt charge i no 62:n se Enon Conan US A. : CCE Rew/otwo Interpreted to CR 210 621al of one and one-halfIlh) percent monthly on
'80.150 'Octobe 28. tral. Crvsta/ Od Co.1 F'EA Code: GCW-PI-Normal business practices the balance of all accounts not paid withm 30 1:n 16110ctober a tr41 in 0,/ reser C m Facts days. No other credit terms are to be In'erpretard :r -15. 42 FR 5cra Omoer i changed.
19-t be DOE found ma' re<wmrir xrtner, of The S nclair O ' Carporation. a small and mer amee to incur Sr me first re me mdependent refiner subiect to 10 CFR Part hsue a@mnal wu at' cota,nme !et'ers of trec.t 212. Sutspart E. markets petroleum products Does Smcla.r's proposal to assess a firunce fr'[.N
[*
,[h.
through its subsidiary. Smclarr Market:ng.
charge on all dehnquent accounts ccnstitute the cred t te ms.n effect m % 15 m3 :n Inc. ismclair! Since my 19*3. Sincia:r's the impos: tion of a more strneent crec:t term uma'mn of g no 6.w uc.ver m,. DOE 5.a not standard contracts wah ioobers and dealers than the cred;t terms n effect on May 15.
preuoush cons.dered a ce, wch n m. rresem for the sale of motor 2asohne hage required 10 3 w: thin the meanmg of 10 CFR 2io rwa P me *"are me pvsed Nnse n cr**
- ~$
pavment in fud within 30 days. Payment m p*d acca anu m' *e wr'n ne me "
W-+
full vthm 10 oays nas entitled a purchaser to Inte;reta:mn w
a 1 percent discount on the purchase pnce For the reasons set forth beiow. 'he Smctair nas considered an account Depar' ment of Energy (DOE; nos determined outstandmg for more than 30 oays to be n
' hat Seclair s nc!usion of a 1 H percent oefauit ano subiect to sut. In thatinstance rnonthiv finance cnarge on 421 accounts no' coilection costs wou'a be assienabie to 'he paid w:thm 30 Jays m its 3tandard contracts