ML19303C567

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University of Massachusetts Lowell, Indemnity Agreement No. E-54 with Amendments Through No. 10
ML19303C567
Person / Time
Site: University of Lowell, 07001268
Issue date: 12/18/1989
From: Price E
US Atomic Energy Commission (AEC)
To:
Helvenston E, NRR/DANU, 3.01-415-4067
References
Download: ML19303C567 (20)
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Text

{{#Wiki_filter:., e UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 Docket No. 70-1268 Indemnity Agreement No. E-54 This Indemnity Agreement No, E-54, is entered into by and between \\ Lowell Techno~ogical Institute (hereinafter refen~ed to as the 11licensee 11 ) and the United States. Atomic E;nergy Commission (herein.s.fter!referred to as the "Commission") pursuant

  • to subsection 170k of the Atom~c Energy Act of 1954, as amended (herein-after referred to as "the Act 11l ARTICLE I As used... L
  • this-agreement::
  • 1, "Nuclear react:or, 11 "byproduct material, 11
11person, 11 "source
material, 11 and ttspecial nuclear mate:* tal" shall have the meanings given them in the Atomic Energy Act c.:: 1954, as amended, and the regulations issued by the Commission,
2. (a) "Nuclear incident" means 'kny occurrence, including an

~xtraordinary nuclear occurrence, or e~rtes of occurrences at the location or in the course of tram* c...ctation causing bodily injury, sickness, disease, or death, Cit: loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive mat_erial. (b) Any occurrence, including an: extr *. ;rdinary nuclear occurrence, , or series of occurrences causing bo~ily :njury, sickness, disease or '.death, or loss of or damage to prop~rty, or loss of use of property,

arising out of or resulting from the radioactive, toxic, explosive,

'or other hazardous properties of i, The radioactive material ~ischarged or dispersed from the location over a period of day, weeks, months or longer and also arising out of such properties of other material i I - E

2 - defined as 11the :radioa.ctive material 11 in any other agree-ment or agreements entered into by the Commission under sub-section 170c or k of the Act and so discharged or dispersed from "the location""as defined in any such other agreement;_ or ii. The radioact~ve material in the course of transportation and also arising out of such properties of other material defined in any other agreement entered into by the Commission pursuant to subsection 170c or k of the Act as "the radio-active material" aild which is in the course of transportation I shall be deemed to be a common occurrence. A common occurrence shall be deemed* constitute a single nuclear.

-ident,
3. *

"Extraordinary nuclear occurrence" means an event which the Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

4.

"In the course of. transportation" means in the course of trans- -portation within the United 5 *ates, including handling or.temporary.

storage incidental thereto, of the radioactive material to the_loca-
' tion_ or from the location provfded t 1.at

I I (a) With respect to transportatioJ of the radioactive material to the location, such transportation is not by predetermination to be interrupted by the removal of the material from the transporting conveyance for any purpose other than the continuation of such trans-portation to the location or tE.m.porary storage incidental thereto; (b) The transportation of the radfo,ctive material from the loca-tion shall be deemed to end when uhe :i.adioactive material. is removed from the transporting conveyance for any purpose other than the con-tinuation of transportation or tempo*rary storage incidental thereto; (c) "In the course of transpo:... ation 11 as used in this agreement shall not include transportation of tl :: radioactive material to the location if the material is also "in _.:.he course of transportation 11 from any other 11location" as defined in any other agreement entered_ into by the Commission pursuant to subsection 170c or k of the Act. E

    • . ---~-

e e 3 -

5.

"Person indemnified" means the licensee and any other person who may be liable for public liability.

6.

"Public liability" means any legal liability arising out of or resulting from a nuclear incident, except (1) claims under State or Federal Workmen's Compensation Acts of employees of persons indemnified who are emple>yed (a) at the location or, if the nuclear incident occurs in the c~urse of transportation of the radioactive materi.al, on the transporting vehicle, and (b) in connection with the licensee's possession, use, or transfer of the radioactive material; (2) claims arising out of an act of war; and (3) claims. for loss of, or damage to~ or loss of use of (a) property which i.s located at the location a~d used in connection with the licensee's possession* .e, or transfer of the radioe,.. ive material, and (b). i:C~." *e nuc.Lb.c:..C incident occurs in the course of transportation cf the Ladioactive material, the transporting vehicle, containers

  • used in such transportation, and the radioactive material, 7,

"The location" means the locatic1 described in Item 3 of the Attachment*hereto,

8.

"The radioactive materia1 11

means source, special nuclear, and

'byproduct ma.terial which (1) is used.,Jr to be used in, or is ir-radiated or to be irradiated by~ the *,~*:lear reactor or reactors subject to the license or licenses d~Jignated in the Attachment hereto, or (2) is produced as the result of operation of said reactor(s). ~ : '. 9, "United States" when used in a geographical sense includes all

1 Territories and possessions of the. Unit,d States, the Canal Zone and Puerto Rico.

ARTICLE II

  • 1 1. ' 1Any obligations of the licensee under subsection 53e (8) of the t Act to indemnify the United State and the Commission from public f liability shall not in the aggregate e ceed $250,000 with respect r to any nuclear incident.

i\\ ) I 2.: With respect to any extraordinary nuclear occurrence to which this agreement applies, the Commission, and the licensee on behalf . of :itself and other persons indemnified, insofar *as their interests \\ ap~ear, each agree to waive I E

e -

  • ---(a) any issue or defense as to the conduct of the claimant.
or fault of persons indemnified, including, but not limited to

./ (1) negligence; (2) contributory negligence; (3) assumption of the risk; (4) unforeseeable intervening causes, whether involving the conduct of a third person or an act of God. As used herein, "conduct of the claimant" includes conduct of persons through whom the claimant derives his cause of action; (b) any issue or defense as to charitable or governmental immunity; (c) any issue or defense based on any,statute of limitations. if suit is instituted within three year* from the date on which the claimant first knew, or reasonably could have. known, of his injury or damage and the cause thereof, 'but in no event more than ten years after the date of the nuclear incident, The waiver of any such/issue or defense shall be effectiv~ regard-less of whether such issue or defense may otherwise be deemed jurisdictional or rel~ting* to an element in the cause of action. The waivers shall be jlt1dicially. enforceable in accordance with their terms by the claimant /against the person indemnified.

1.

3, The waivers set :f ~th in paragraph 2 of. this Article: (a) shall not reasonable steps

L,

'f-* preciLude a defense based upon a failure to take to mitigate damages; I (b) shall not apply to injury or damage.to a claimant or to a claimant's propertf which is intentionally sustained by.the claimant or which results from a.nuclear. incident intentionally and *wrongfully cause9 by.the claimant; I I E

e ---c* (c) shall not apply to injury to a claimant who is employed at the site of and in connection with the activity where the extra-ordinary nu-clear occurrence takes place if benefits therefor are either payable or required.to.be provided under any workmen's compensation or occupational disease law; (d) shall not apply to any claim for punitive or exemplary damages," provided; with~espect to -any claim for wrongful.death under any State _law which.provides for damages only punitive in nature, this exclusion does riot. apply to the extent that the. claimant has sustained actual damages, measured by the pecuniary injuries resulting from such.death. but.not to exceed the maximum amount otherwise recovera~le under *such law:. I (e) shall ~e effective only with respect to those obligations set ~orth,,. t:his agreement; ~-*-P (f) shall not apply to, or prejudice the prosecution or defense of,-any claim or por.tion of claim which is not within the protection afforded under (1) the limit of lia~ '.lity. provisions under subsaction 170e of the Atomic Energy Act of 19~4, as amended, and (b) the terms of this_ agreement. .f. Y, ARTICLE -IF t

1.

The Commission undertakes and agrees to indemnify and hold harmless the licensee and other persons indemnified, as their interest may appear~ from public liability. ~. j

2.

With respect to damage.caused.by a nuclear incident to property of any person legally liable for the nt,lear incident, the Com~ mission agrees to pay to such persr:,in t* ose sums which such person would have been obligated to. pe.y H such property had belonged to another; provided, that the obligation of the Commission under I this paragraph 2 does not apply with respect to: f I (a) Property which *is* located at. th"' location and. used. in. con-nection with the licensee's possessio~, use, or transfer of} the radioactive material; ~\\ ~ . \\ E

  • **-* ** (b)

Property damage due to the neglect of the person. indemui-,.. . fied to use all reasonable meano to save and preserve the property after knowledge of a nuclear incident; (c) If the nuclear incident occurs in the course of trans-,.. portation of the radioactive material, the transporting vehicle and containers used in such transportation; (d) The radioactive material,

3.

The Commission agrees. to :i,ndemnify and hold harmless.. the licensee and other persons.. indemnified~ as their interest.may appear, from the reasonable costs of investigat:i.ng, settling and defending claims for public liability. 4.(a) The obligations of the Commission under this agreement shall apply only with respect to such public liability, such damage to property of persons. legally liGtble for *the nuclear incident (other than su~h property described in the proviso to paragraph 2 of this Article) and such r1 1sonable costs desc~ibed in paragraph 3 of this Articl~ as in thb aggregate exceed $250,000. (b) With respect to a common occurrence, the obligations of the Commission under t9is 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 provi,so to paragraph 2 of this Article) and* to ' such reasonable costs ~escribed-in paragraph 3 of this Article as in the aggregate excee'd. whichever of the following. is. lower: (1) the sum of the arn;~nta,of financial protection established under all applicable

reements;.or (2).$82,000,000 *. As.used in
  • this Article, napplict,i_\\i.le. agreements!

1 means each agreement entered into by the Commissi~ pursuant. to subsection 170c of the Act in which agreement the nuclear incident is defined as a "common I occurrence, 11 11

5.

The obligations';of. the.Commission under. this ~greement shall apply only with respect.to.nuclear incidents occurring during the term of this agreement, i \\ E

,(
6.

The obligations of the Commission under this and all other agreements and contracts to which the Commission is a party shall not, with respect to any nuclear incident, in the aggregate exceed whichever of the following is the lower: (a) $500,000,000 or (b) with respect to a common occurrence, $560,000,000 less.the sum of the amounts of financial protection established under all applicable agreements. i

7.

If the licensee is ~mmune from public liability because it is a State agency, the Commission shall make payments under this agreement in the same manner and to the same extent as the Com-mission would be required to do if the licensee were not such a State agency.

8.

The o1 _ations of the Commission und _ this agreement, except to.-t* ';;l lice~see for damage to property of the licensee, shall not be affected by any failure on the part of the* licensee to fulfill

  • its obligat.ions under this agreement.. Bankruptcy.or insolvency of the licensee or ai1.y other person 'ndemnified or of the estate of the licensee or any other person ;ndemnified shall not relieve the Commission of any of its obligations hereunder.

ARTICLE IV I,,

1.

When the Comi~ission determines t.at the United States will probably be required to make indemnity payments under the pro-visions of this agreement, the Commission shall have the right to .collaborate with the licensee and other persons indemnified in '. the settlement and defense of ar~~- claim and shall have the right

: (a) to require the prior approval of tb~ Commission for the settle-ment or payment of any claim or action.sserted against the licensee or other person indemnified for pur,lic.Liability or damage to property of persons legally liable. for the nuclear incident which claim or action the licensee or the Commission may be required.to indemnify under this agreement.;. and (b) *_ to appear through the Attorney General of the.United Str*es on behalf of.the licensee or other person indemnified, take char/~ of such action and settle or defend any such action.

If the _set,,lement or defense of :any such action or claim is undertaken by t"he Commission,. the. licensee" shall furnish all reasonable assistance in effecting a settlement or asserting a defense. i l E

e 8 -* -- -*--2. Neither this agreement. nor any interest therein.nor claim

thereunder may be assigned or tr.ansferred 'Without the approval of the Commission, ARTICLE V The parties agree that they will enter into appropriate amendments-. of. this agreement to the extent that such-amendments are required pursuant-. to the Atomic Energy Act of 1954, as amended, or licenses, regulations or orders of the Commission.

ARTICLE VI The licensee agrees to pay to the Commission such fees aa are established by the Commission pursuant to regulatio~s or-orders of *the Commission. ARTICLE VII The term of this agreement shall commence as of the date and time speci-fied in Item 4 of the Attachment and shall terminate at the time of expiration of that license specified in Item 2 of the Attachment, which is the last to expire; provided that, except as may otherwise be provided in applicable regulations or orders of.the Commission, the.term of-this agreement shall not terminkte until all.the radioactive material-has been removed from the loca~ion.and.transportation of the radioactive material from the locatio* has ended as.defined in subparagraph.4(b), Article I. Termination o-'; the. teiill.of. this agreement shall not affect. any obligation of the licdhsee or any obligation of the Commission.under this agreement with respe~t tc any nuclear incident occurring during the term of this agreement. I Ji Ii .i I I E

,I .. ~--:. e 9 - UNITED STATES ATOMIC ENERGY COMMISSION ATTACHMENT Item 1 - Licensee Indemnity Agreement No. E Lowell Technological Institute Address 1 Textile Avenue Lowell, Massachusetts 01854 Item 2 - License number or numbers SNM-1220 -~~~~-.. ~~ The fuel storage room in the basement of licensee's Nuclear :center as depicted in the Building Plans, Part A and Part B includ~d in the licei:isee's applica:t:ton for a licen~.e for storage of. LTI'.,reactor fuel elements, dated October 20, 1970. The Nuclear Center is on the Institute's campus in Lowell, Massachusetts. Item 4 - The indemnity agreement designated above, of which this Attachment is a part, is effective as of 12:01 a.m., on the sixth day of January , 1971. FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

  • tt;A4-F &?~

Eber R. Price, Director Division of State and Licensee Relations* FOR LOWELL TECHNOLOGICAL INSTITUTE I BY Dated at Bethesda, Maryland, the sixth day of January, 1971. \\ \\. .I I rao,*_,J

UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, O.C. 20545 Docket No. 70-1268 AMENDMENT TO INDEMNI1Y AGREEMENT NO. E-54 AMENDMENT NO. 1 Effective December 14, 1971, Indemnity Agreement No. E-54 between Lowell Technological Institute and the Atomic Energy Conmission, dated January 6, 1971, is hereby amended as follows: Article II is amended by adding the following proviso at the end of sub~aragraph 3(c): "Provided, however, that with respect to an extraordinary nuclear occu~rence occurring at the facility, a claimant who is emploved at the facility in connection with the construction of a nuclear reactor with respect to which no operating license has been issued by the Atomic Energy Commission shall not be considered as emploved in connection with the activity where the extraordinary nuclear occurrence takes place if: (1) the claimant is employed exclusively in cormection 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 AEC with respect to the nuclear reactor, and (3) the claimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility." FOR THE UNITED STATES ATOMIC ENERGY COMMISSION L eU4 y .n.----._ Ly~ Johnson, Director Division of State and Licensee Relations Accepted January 12, , M-1i 1972 r-:r; , - // By ~4-0~ i.6WELLTECHNoLOGICAL INSTITUTE EVERETT V. OLSEN Acting President

/,, f"* ~:

  • , *~ -.-~

. f e UNITED STATES . A.TOMIC ENERGY COMMISSION _.... \\ \\*. 'NASH INGTON. 0.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. E-54 AMENDMENT NO. 2 \\ !).J Effective March 1, 1972, IndellIDity Agreement No. E-54, between Lowell Technological Institute and the Atomic Energy Connnission, dated January 6, 19 71, as amended, is hereby *further amended as follows: Article III, Paragraph 4(b)(2) is amended by deleting the runount "$82,000,000" and substituting therefor the amount "$95,000,000." FOR THE UNITED STATES ATOMIC ENERGY COMMISSION \\ ,,- / \\ -. -~/'),-;A,,,*"-:7 _)f~.-- Jerome Saltzman, Chi~f Indemnity and Expor11Control Branch Division of State and Licensee Relations Accepted ___ M_a_r_c_h_l_7~'------' 19 72 B {]/ ~ .. -n;) ot'-. y __,µ L6wEir:TECHNOLOGICAL INSTITUTE EVERETT V. OLSEN Acting President

e .,/.,:. e UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 Docket No. 70-1268 AMENDMENT TO INDEMNITY AGREEMENT NO. E-54 AMENDMENT NO. 3 Effective March 1, 1974, Indemnity Agreement No. E-54, between Lowell Technological Institute and the Atomic Energy Commission, dated January 6, 1971, as amended, is hereby further amended as follows: Article III, Paragraph 4(b)(2) is amended by deleting the amount "$95,000,000" and substituting therefor the amount "$110,000,000." FOR THE UNITED STATES ATOMIC ENERGY--COMMISSION ~~man, Dep~y Chief Office of Antitrust & Indemnity Directorate of 1Licensing -7 1, Accepted /i{lt/v(~

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, 197 4

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I \\1 1, i !

UNITED STATES ATOMIC ENt::RGY COMMISSION WASHINGTON. D.C. 20545 Docket No. 70-1268 ,/ AMENDMENT NO. 4 Effective DEC 2 4 1974 , Indemnity Agreement No. E-54 between Lowell Technological Institute and the Atomic Energy Commission, dated January 6, 1971 as amended, is

  • hereby further amended as f o 11 ows:

Item 2 of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor: Item 2 - License number or numbers SNM-1220 R-125 (From 12:01 a.m., January 6, 1971, to 12 midnight, DEC 2 3* 1974 inclusive) (From 12:01 a.m., DEC 2 4 1974 ) Item 3 of the Attachment to the indemnity agreement is deleted in its entiretY and the following substituted therefor: Item 3 - Location The LTI reactor containment building, the fuel storage room in the basement of the licensee 1s Nuclear Center and areas between the containment building and the fuel storage room through which and while the fuel will be moved, all located on the Institute 1s campus in Lowell, Massachusetts. FOR THE UNITED STATES ATOMIC ENERGY COMMISSION Jerome Saltzman, Deputy Chief Office of Antitrust & Indemnity Directorate of Licensing Accepc~-J_a_n_u_a_r~--~~'--__ - /--c--' 1 97 5 By /w~..A-,-{-4-c). Oi-r...,?v, L0WELL TECHNOLOGICAL INSTITUTE I EVERETT V. OLSEN, President

UNITED STATES

  • NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket No. 50-223 AMENDMENT NO. 5 Effective March 21, 1975, Indemnity* Agreement No. E-54, between Lowell Technological Institut,e, and the Atomic Energy Commission, dated January 6, 1971, as amended, is hereby further amended as follows:

The name "United States Atomic Energy Commission" is deleted wherever it appears and the name "United States Nuclear*Regulatory Commission 11 is substituted therefor. -Article III, Paragraph 4(b) (2) is amended by deleting the amount "$110,000,000" and subs ti tu ting. therefor the amount,; $125,000,000." FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSIO~ . *\\ ... ~ =~~~~ ~ M>' -----~~~;:;~>>,t'~ ..______,_.,..,/f,,'/V," ~ / Jerome Saltzman, Deputy Chief Office of Antitrust & Indemnity Nuclear Reactor Regulation Accepted March 2 6, , 19 7 5 By,L~~~,., -=L"""'O_WE_l..,..L-=T=E __ C __ H_N_O_L_O_G __ I __ C __ A_Ui __ -IN_S_T __ I_T __ U_T_E __ _ EVERETT V. OLSEN, President - ~ * ~"r' **

... *!:~** J e UNITED STATES Docket No; 50-223 NUCLEAR REGULATORY COMMISSION . WASHINGTON, D. C. 20555 AMENDMENT TO INDEMNITY AGREEMENT NO. E-54 AMENDMENT NO. 6 Effective OCT 15 1975 , Indemnity Agreement No: E-54, between Lowell Technological Institute, and the Atomic Energy Commission, riatect January b, l ~71, as amended, is hereby further amended by deleting th*e name 11 Lowell Technological Institute" wherever it appears in the agreement and substituting in lieu thereof the name: "The University of Lowell 11 FUR THE UNITED STATES NUCLEAR REGULATORY COMMISSION __j~~~~~ Jerome Saltzman, Actin Chief Office of Antitrust Indemnity Nuclear Reactor Regu ation cf* ,~# . Accepted /,Wf.-e.-<~d~ ' xm T EVERETT V. OLSEN Acting President UNIVERSITY OF LOWELL ~ December 10, 1975 ibl:lxxbd~\\RERSxx~oOfx~ ~ ~~*-r~*-~T Jl

), *. 1,1.' Docket No. 50-223 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 AMENDMENT TO INDEMNITY AGREEMENT NO. E-54 AMENDMENT NO. 7 Effect,. ve MAY O 1 1977 , I d . t A t N E 54 b t n emn, y greemen

o.

, e ween Lowell Technological Institute, and the Atomic Energy Commission, dated January 6, 1971, as amended, is hereby further amended as follows: Article III, Paragraph 4(b)(2) is amended by deleting the amount 11125,000,000 11 and substituting therefor the amount 11140,000,000. 11 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION . *.. *** '. ~......... Jerome Saltzman, Chief Antitrust & Indemnity Group Nuclear Reactor Regulation Accepted h,..,JA,,4-d,, , 1977

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By ~c0---~.('-=---~-=---{"-__.,....~ ~~)\\/'],...,_../....,..,../"~----"-'.: ___ ,~~'--=\\'-,__~~/ ~- r.>>)'JJyy !J9~J-fl,~y~J-1 J,7'~lY17 UNIVERSITY OF LOWELL 7 7/,:J. '4()/()e't

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I .j 1 j UNITED STATES e NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket No. 50-223 AMENDMENT TO INDEMNITY AGREEMENT NO. E-54 AMENDMENT NO. 8 Effective May 1, 1979, Indemnity Agreement No. E-54, between Lowell Technological Institute and the Atomic Energy Commission, dated January 6, 1971, as amended, is hereby further amended as follows: Article III, Paragraph 4(b)(2) is amended by deleting the amount 11$140,000,000 11 and substituting therefor the amount 11$160,000,000. 11 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION erome Saltzman, Chief Antitrust and Indemnit Group Office of Nuclear Reactor Regulation Accepted August 22 , 1979"

... /... -*1: e UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D. C. 20555 Docket No. 50-223 AMENDMENT TO INDEMNITY AGREEMENT NO. E-54 AMENDMENT NO. 9 Effective May 1, 1977, Indemnity Agreement No. E-54, between University of Lowell; and the Atomic Energy Commission, dated January 6, 1971, as amended, is hereby further amended by modifying the prefatory language of paragraph 4, Jy"ticle 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 outsi~e tha United States and any other nation, including handling or temporary storage incidental the~eto, of the radioattive material to the location or from the location provided that: FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Novemb.er 3 0. Accepted~~~~~~~~~~~~~~~' 1979 .17912180 571

  • /Y\\001

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Docket No. 50-223 e UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Amendment to Indemnity *Agreement No. E-54 _ Amendment No. 10 Effective July 1, 1989, Indemnity Agreement No. E-54, between University of

  • Lowell, and the Atomic Energy Commission, dated January 61 1971, as amended, is hereby further amended as fo Hows:

The amount 11$160 1000,000 11 is deleted_ wherever it appears and the amouht "$200,000,000" is substituted therefor. The amount $124,000,000" is deleted wherever it ~ppears and the amount 11$155,000,000 11 is substituted therefor. The amunt 11$36,000,000" is deleted wherever it appears and the amount "$45,000,000" is substituted therefor. Paragraph 1, Article I is modified to read as follows:

1.

"Nuclear reactor," "byproduct material," "person. "source material," "special nuc*lear material," and "precautionary evacuation" shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission. the definition of "public.liability" in paragraph 71 Article I is deleted, and the following is substituted therefor: "Public liability" means any legal liabilfty arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable additional costs incurred by a State or_a political subdivision of a Siate, in the course or responding to a nuclear incident or precautionary evacuation), except (1) claims under State or Federal Workmen's Compensation Acts of employees . of persons indemni.fied who are employed (a) at the location or, -if the nuclear incident occurs in the course of transportation of the radioactive material, on the transporting vehicle, and (b) in connection with the licensee's possession, use or transfer of the radioactive material; (2) claims arising out of an act -Qf war; and (3) claims for loss of, or damage to, or loss of use of (a) property which is located at the location and used in con*nection with the licensee's possession, use~ or transfer of the radioactive material, and (b) if the nuclear incid~nt occurs in the course of transportation of the radioactive matjri~l, the transporting vehicle, containers us,d in such transportation, and the radioactive material. Paragraph 4(c), Article II is revised to *read as follows: (c) 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 injury or damage and the cause thereof.

  • i e

2

  • Paragraph 1, Artfcle IV is revised to read as follows:
1.

When the Corrrnission determines that the United States wi11 probably be required to make indemnity payments under the provisions of this agreement, the Commission shall have the right to collaborate with the licensee and*other persons indemnified in the settlement and defense of any claim (including such legal costs of the lfcensee as are approved by the Conun1ssion) and shall have the right {a) to require the prior approval of the Convnission for the settlement or payment of any claim or action asserted against the licensee or other person indemnifi.ed for public liability or damage to property of persons legally liable for the nuclear inddeilt which claim or action the licensee or the Colffl!ission may be required to indemnify under this agreement; and (b) to appear through the Attorney General of the United States on behalf of the licensee or other person indemnified, take charge of such action and settle or defend any such action. If the settlement or defense of any such action or claim is undertaken by the Conmission 1 the licensee shall furnish all reasonable assistance in effecting a settlement or asserting a defense. In paragraph l, Article VIII, 'the amount "$5,000,000" is deleted and the amount "$63 1 000 1 000 11 is substituted therefor. FOR THE U. S, NUCLEAR REGULATORY COt':MISS ION Policy Development and Technical Support Branch Program Management Policy Development and Analysis Staff Office Nuclear Reactor Regulation}}

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