ML19308D830

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Forwards Executed Amend 5 to Indemnity Agreement B-54 Adding Procedures to Enable NRC to Recover Retrospective Premiums Paid by Govt on Behalf of Defaulting Licensees
ML19308D830
Person / Time
Site: Crystal River 
Issue date: 08/14/1978
From: Saltzman J
Office of Nuclear Reactor Regulation
To: Brandimore S
FLORIDA POWER CORP.
References
NUDOCS 8003191014
Download: ML19308D830 (1)


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  1. * *4 UNITED STATES
  • 4 NUCLEAR REGULATORY COMMISSION
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  • f I)1f j WASHINGTON, D. C. 20555 da ya g'v j AUG 4 tgm Docket No. 50-302 Florida Power Corporation ATTN: Mr. S. A. Brandimore Vice President & General Counsel P. O. Box 14042 St. Petersburg, Florida 33733 Gentlemen:

We are enclosing herewith an amendment to your indemnity agreement reflecting a change in 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements." The amendment to Part 140, which was effective on August 1,1977, adds a new " Article VIII" to 5 140.92.

This arcicle establishes procedures that the Commission 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,

/

L Jerome Saltzman, Chief Antitrust & Indemnity Group Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement

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F Docket No. 50-302

-AME!!DME'iT TO I!!DEM!iITY AGREE!!EtiT fl0. B-54

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' AMEllDMEliT ?!0. 5 Effective August 1,1977, Indemnity Agreement tio. B-54, 'between Florida Power Corporation, City of Alachua, City of Bushnell, City of Gainesville, City of Kissinonee, City of Leesburg, City of flew Smyrna Beach and Utilities Co#x:ission, City of flew Smyrna Beach, City of Ocala, Orlando Utilities Comission and City of Orlando,' Sebring Utilities Comission, Seminole Electric. Cooperative, Inc., City of Tallahassee, and the Atomic Energy Commission, dated June 20, 1973, as amended, is hereby further amended by adding a new Article VIII to read as follows:

" ARTICLE VIII s

. "1.

If the l'icensee fails to pay assessed deferred premiuns, the Corm:ission reserves the right to pay those premiums on behalf of the licensee and to recover the amount of such premiums

.j from the licensee.

"2.

The Commission'shall require the irraediate subaission of j

financial statements by those licensees who indicate, after an assessment of the retrospective premiun by the insurance

. pools,~ that they will. not pay the assessment.

Such financial

statements shall include, as a minimum, exhibits indicating internally geWorated funds from operations and accumulated retained earnings.

Subsequent submission of financial statements by such licensees may be requested by the Conmission, as

-required.

i "3.

If premiums are paid by the ; omission as provided in paragraph 1, payment by the Comission shall create a lien in the amount paid in favor of the United States upon all property and rights to property, whether real or personal, belonging to l

such licensee.

The lien shall arise at the time payment is made by the,Cocinission and shall continue until the liability for the anount (or a judgment-against the' licensee arising out

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of such liability) is satisfied or becomes unenforceable. The Corr.:ission 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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l NRC TORM 318 (9-76) NRCM 0240 W u. s. oovtRNMENT PRINTING OFFICE: 1978 - 628 424

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If the Comission dethrmines that the licensee i$ financially

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able to. reimburse the. Commission for a deferred premium payment made in its behalf, and the licensee, after notice of such

. determination by the Comission fails to make such reimbursement within 120 days, the Comission will take appropriate steps to suspend the license for. 30 days. The Commission may take any

-further: action as necessary if reimbursement is not made

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within the 30-day suspension period including, but not limited

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to ' temination of the ' operating license,"

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FOR_THEUkITED,STAfESNU EAR REGULATORY CORiISSION hlHROME SALTIMnN u

Jerome Saltzman, Chief Antitrust-and Indemnity Group

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0ffice of Nuclear Reactor Regulation R

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