ML19294A808

Forwards Endorsements 7,8,9,10 & 11 to Nelia Policy NF-249

ML19294A808
Person / Time
Site:	Zimmer
Issue date:	03/13/1979
From:	Flynn J CINCINNATI GAS & ELECTRIC CO.
To:	Dinitz I Office of Nuclear Reactor Regulation
References
NUDOCS 7903220218
Download: ML19294A808 (8)

Text

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Tills CINCINNATI (; AS & ICisi X:TitIC C().\l l'A N Y 'T' '

so . ',w;. o March 13, 1979 U.S. Nuclear Regulatory Commission Office of Antitrust and Indemnity Group Office of Nuclear Reactor Regulations Washington, D.C. 20555 Attention: Mr. Ira Dinitz RE: WM. H. ZIMMER NUCLEAR POWER STATION UNIT 1 - ENDORSEMENTS NOS. 7,8,9,10 and 11 OF POLICY NF-249 ,

Gentlemen:

The Cincinnati Gas & Electric Company on behalf of itself and as agent for Columbus and Southern Ohio Electric Company and The Dayton Power and Light Company, submits eight (8) certified copies of Endorsements Nos. 7,8,9,10 and 11 which are a part of Policy NF-249. Please attach these to the policies you have on file.

Very truly yours, THE CINCINNATI GAS & ELECTRIC COMPANY 4,, ~ 'i['s .fl m >:.

By ,

JAMES D. FLYNN, Manager Licensing and Environmental Affairs DEF:gaj Enclosures

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,' . Nuclear Enngy Lisility Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION WAIVER OF DEFEflSES EllDORSEMEflT (Extraordinary fluclear Occurrence)

The named insured, acting for himself and every other insured under the policy, and the members of fluclear Energy Liability Insurance Association agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the con-struction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the trans ortation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:

(i) negligence, (ii)-contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening causes, whether involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof, but in no event more than twenty years after the date of the nuclear incident.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdiction;al or relating to an element in the cause of action.

2. The waivers set forth in paragraph 1. above do not apply to (a) bodily injury or property damage which i. intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or re-quired to be provided under any workmen's compensation or occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimart has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under such law.

flE-33a (over)

3. The waivers set forth in paragraph 1.' above*shall be effective only with respe'ct -

to bodily injury or property damage to which the policy applies under its terms other than this endorsement; provided, however, that with respect to bodily in-jury or property damage resulting from an extraordinary nuclear occurrence, In-suring Agreement IV, " Application of Policy", shall not operate tu bar coverage for bodily injury or property damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty years af ter the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial pro-tection required of the named insured; (b) the agreement of indemnification between the named ' insured and the the fluclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170e of the Atomic Energy Act of 1954, as amended.

Suc;. waivers shall not preclude a defense based upon the failure of the claim-ant. to take. reasonable steps to mitigate damages.

4. Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury or property damage to which the policy applies as oroof of financial protection.

5. As used herein:

"extraordincry nuclear occurrence" means an event which the fluclear Regulatory Commission hc.s determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

" financial protection" and " nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended. , ,, gge ori-W

" claimant" means the poorg8nfiaTihSctuall u t in Ng bofly injury or property @ aridt also.-IncitidesiflisJssigneey"1(iIhgresent-a atives and other pessdfis dr. organizations damages on account ignato off sEteh]ijl yry j

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• November 14, 1977 i isN7or en$ent k

Yoh m a part of Policy No 49 12:01 A.M. Standard Time issued to The Cincinnati Gas fi Electric Company, Columbusi f Southern Ohio Electric C.;mpany and The Dayton Power Fi LTght Company Date of issue August 9, 1978 Fo'r the su ;cribing co panies By _

General Manager Endorsement No 7 Countersigned by f1E-33a (1/1/77)

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Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION SUPPLEf1ENTARY EtlDORSEMEtlT WAIVER OF DEFEllSES REACTOR CONSTRUCTION AT THE FACILITY lt is agreed that in construing the application of paragraph 2(b) of the NAIVER OF DEFEtlSES EllDORSEMEtlT (flE-33a) with respect to an extra-ordinary nuclear occurrence occurring at the facility, a claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating license has been issued by the fluclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:

(1) the claimant is employed exclusively in connection with the construction of a nuclear reactor, including all related equipment and installations at the facility, and (2) no operating license has been issued by the fluclear Regulatory Commission with respect to the nuclear reactor, and (3) the claimant is not employeo in connection with the possession, storage, use or transfer of nuclear material at the facility.

Tliis As to certify that thin is a true con:t of the original Endorsc~ u ha cing the endor m 's .- c and bcinc nado part of the Nuclear Energy Liability Polici (F20!11ty Fora) as dos .

Ignated hereon. Jia I{urance is afforded herounder.,

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Charlea R. nardes, V, ice President-Liability Underwriting American Nuclear Insurers

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s Etfective Date of November 14, 1977 NF-249 this Endorsement To form a part of Policy No 12:01 A.M. Standard Time issued to The Cincinnati Gas G Electric Company, Columbus G Southern Ohio Electric Compan>nnid rne vayton rower 4 LiglitTompany August 9, 1978 r the su scribing co panies Date of tssue By __

General Manager Endorsement No 8 Countersigned by NE-39a (1/1/77)

'* Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AME!!D!iEtiT OF DEFIrlITI0tl5 0F "fluclear Energy Hazard" and " Insured Shipment" (Indemnified fluclear Facility)

It is agreed thet:

I. In Insuring Agreement III, "DEFIrlITI0flS" A. solely with respect to an " insured shipmeni to which this policy applies as proof of financial protection required by the fluclear Regulatory Commission, Subdivision (2) of the definition of " nuclear energy hazard" is amended t<

read:

(2) the nuclear material is in an insured ship-ment which is away from any other nuclear facility and is in the course of transport-ation, including the handling and temporary storage incidental thereto, within (a) the territorial limits of the United States of America, its territories or possessions, Puerto Rico or the Canal Zone; or (b) international waters or airspace, pro-vided that the nuclear material is in the course of transportation between two points located within the terri-torial limits described in (a) above and there are no deviations in the course of the transportation for the purpose of going to any other country, state or nation, except a deviation in the course of said transportation for the purpose of going to or returning from a port or place of refuga as the result of an emergency.

B. the definition of " insured shipment" is replaced with the following;

" insured shipment" means a shipment of source material, special nuclear material, spent fuel or waste, herein called " material", (1) to the facility from any loca-tion except an indemnified nuclear facility, but only if the transportation of the material is not by prede-NE-45 (over) w . - - - - - - -

termination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its trans-portation, or (2) from the facility to any other location, but only until the material is removed from a transporting conveyance for any purpose other than the continuation of its transportation.

II. As used herein, " financial protection" has the meaning given it in the Atomic Energy Act of 1954, as amended.

This is to cortify that th!n is a true ccpy of the cricinaldar a doracmant havins ' a c?.co: cen:nt Fucility Fora) as des ,

he Ucelcar l'neri;y Liability Policy (d d hercursior.

.o..ated horcon. No Insuranco la affor e W  !

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l Charles IL Bardes: Vice' . adent-Liability Underwriting American Nuclear 68urdre

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t is E or ment November 14, 1977 To for a part of Policy No_11F 249 12:01 A.M. Standard Time N issued to 'lhe Cincinnati _ Gas _6 Electric Company,_ Columbus S Southern Ohio Electric Company and The Dayton Power 4 Light Company August 9, 1978 For the su scribing co panics Date of issue By v

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General Manager Endorsement No 9 Countersigned by

/ 77)

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Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION

1) ADVANCE PREMIUM AtlD STAtlDARD PREMIUM CALENDAR YEAR 1979 END0RSEMEliT

2) AMENDfiEf4T OF CONDITION 4 ENDORSEMEfiT la. ADVANCE PREfilUM: It is a g eed that the Advance Premium due the companies for the period designated above is:

$ 100.00 .

b. STANDARD PREMIUM AND RESERVE PREF 1IUM: In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the pro-visions of the Industry Credit Ratina Plan, the Standard Premium is said Advance Premium and the Reserve Premium is:

$ 67.00 .

2. AMENCHENT OF CONDITION 4: It is agreed that with respect to bodily injury or property darage caused after the effective date of this endorsement by the nuclear energy hazard, the figure $108,500,000 stated in Condition 4 of this policy is amended to read $124,000,000.

This in to certify that this is a truo co."y of the original Endorsement havinc the endornonent nuabar and h31rc : do part of th~a Nuc car Enorcy Liability Policy (Facility Tora) as des-ign tod her 'on. .i Insuranco is afforded horcunder.

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Arneriera Nb:de . [a. , - ability Underwnting

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s Ef fectn,e Date of this Endorsement January 1, 3979 To form a part of Policy No NF-249 12 01 A.M Standard Time issued to ~The Cincinnati Gas & Electric Company, Columbus & Southern Ohio Electric Co~miiany and the Dayton Power & Light Company Date of Issue January 3,1979 For the su scribing co panies By .

General Manager Endorsement No 10 countersigned by

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Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION CHANGES IN SUBSCRIBING COMPANIES AND IN THEIR PROP 0RTIONATE LIABILITY ENDORSEMENT Calendar Year 1979

1. It is agreed that with respect to bodily injury or propert.y damage caused, during the effective period of this endorsement, by the nuclear energy hazard:

a. The word " companies" wherever used in the policy means the subscribing companies listed below,

b. The polJcy shall be binding on such companies only,

c. Each such company shall be liable only for its proportion of any obligation assumed or expense incurred under the policy because of such bodily injury or property damage as designated below.

2. It is agreed that the effective period of this endorsement is from the beginning of the effective date of this endorsement stated below to the close of December 31, 1979, or to t :. the time of tne termination or cancellation of the policy, if sooner.

C I St?SCRIBIM C0ur AN!ts NPORTION OF 1005 C g Aetna Casualty and 5bret, 00. . TPe.151 Farmincton Ave.. Partford, CT C6156 10.114078 Aetra Insurance Cortany, 55 Elm St.. Fartrord, CT 06115 2.52 % 20 (DN d ""* I Allstate Irsurance Co., Allstate Plaza, hortebrook IL 60CE2 4.214199

.pq Aurican here Am*ance Co.,102 Maiden La.. New York, NY 17)C5 .884982 4 t@O ( . Aeerican Motorists Irsurance Co., Lena Grove. IL 6C049 Bitueinous casualty Corporation 32018th 5t., Rock Island, IL 61201

.421420 421420 0 C ra., 4 W W 'd Centennial Insurance Co., 45 hall St. , hew York. hY 10005 .579452 G At A Corrercial L'nion Insurance (c., One Beacon St., Boston, %s C2108 3.034224 p## T3 g g h Q Coenecticut Indeerity Cervany, Tee,1000 Asylum Ave. , Hartford, CT C6101 Continental Casualty Co., ChA Plaza. Chicaco. IL 60f85 1.011408 4.214199

%OgCw p u Continental lasu ance r Co. , The. 80 Paiden La. , hew York , hY 10038 6 '42719 g g ;g Fede a1 Insurance Co.a 51 John F. kennedy Fkwy., $hcrt Hills, NJ C7073 1. m17112 Firemn's Fund Irsurance Co. 3333 California St., $ar Francisco, CA 94119 5.057039 h e6 .I*

0, 4y ra. $ General Accident Fire aed Life Assurance Co p., Ltd., Fourth & halnut Sts..

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• Philadeltnia. F A 19105 1.348544 0 gs

• 1 gf oy Great A erican Insurance Cc., 5B0 halnut St.. Cincinnati, CH 45201 Fanover Insurance Co., The, 440 Linccin St., borcester, MA C16CS 1.34 B544

.505704 g n u hartfcrd Accideet and Indemnity Co., Partford Flaza. Partford, CT 0e115

,o cC hartford Steam boiler Insp. & Int. Co. , Tt. 56 Frospect St.. Martf 3rd. CT C6102 7.164139

.505704 y r %

"C here Inderrity Co.. Tee, 59 Faiden La. hew York, NY 10038 3.706495 9

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tNO%T m Insurance Co. of North A erica, if 00 Arch Street. Philadelphia, FA 19101 Monarch Irsurance Co. cr Chio, The.19 Fector St., hew York. >Y 10006 3.371359

.337136 F1 gog j b korthere. Insuraece Corpeny if hew York, 59 Jchn Street, hew York, hV 10038 1.854248 OO e4 0 .p hort%estern hational Irs. Co. 731 Nc. Jackson St.. Pilwaukee, bl 53201 .674272 0, b, 4 0 8 Chso Casaalty Insurance Corpany. The,136 horth Third St.. Hamilton, CH 45025 .168568 O ,e o g.= Q Facific Incewriity Cc, 3200 htismire elvd., Los Angeles. CA 90010 .337136 C .126426 g ] eO p , ** ( 88 3 Peerless Irsurance Co., 62 Maple Ave. , Feene. NH 03431 Nenix Assurance Co. of New York. 80 Maiden La.. hew York, NY 10038 .505704 g Frctective Insuraece Co. 3100 ho. Meridian St., Indianapolis, IN 4620' 163568 gy M O "E d 4 tg N\ /0 Frovidence hashington Insurance Co. 20 hashingtcn Flace, Providecce. PI C2903 Pu itan Insurance Company,1515 Surwer St., Starford, CT 06905 r

.105355

.252852 h+3 t@ m/ d 2 Reliance Icsurasre Cortary. 4 Feen Center Plaza. FPildelphia. F A 19103 1.491827 h C b

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• Z poyal Glete Insur acce Ccrpacy,150 hillia* Street, hew York, NY 10C38 St. Paul Fire & PariPe irs. Co. 335 basPirgton St., St. Paul, MN 55102 3.371359 4.773845 g 421420

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" > e Seaboard Su r ety Co. , 90 William St., hew Ycrk..NV 10038 5 tate Farm Fire & Casualty Cercary.112 f ast kashiegton St. 310ceington, IL 61701 .842S40 Traesamerica le su ance Co.,1150 So. Olive St., Los Arceles CA 90015 (M

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r Travelers Indemity Comcany, The. Ore Tower Scuare. Hartford. (T C6115 Unt'ed States Fidelity and Guaranty Co. 100 Light Street, f altWre, MD 21202

.E42540 10.95f 917 10.114078 ouc 09, Drited States Fire lesurance Co., Madison Ave., at Canfield Pd, Morristown, NJ 07960 2.697088 p 4 2urich Irsu r e Co.,111 hest Jackson Blvd., Chicago. IL 60604 1.2(426C w Q oC

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• ffective Date of January 1,1979, d D is Endorsement To form a part of Policy No NF-249 12:01 A.M. Standard Time issued to _The Cincinna ti _ Gas A Floctric Companv. Coluntos A Snuthern Ohio Electric Company and the Dayton Power & Light' Company January 20, 1979 For the su scribing co panies Date of issue By General Manager Endorsement No 11 Countersigned by ___

(1/79)