ML19316A343

Forwards Endorsements 42,43,44 & 45 to Nelia Policy NF-182 & Endorsement 28 to Maelu Policy MF-61

ML19316A343
Person / Time
Site:	Oconee
Issue date:	01/13/1977
From:	House D DUKE POWER CO.
To:	Saltzman J Office of Nuclear Reactor Regulation
Shared Package
ML19316A340	List: ML19316A339 ML19316A343 ML19316A346
References
NUDOCS 7912110602
Download: ML19316A343 (8)

Text

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January 13, 1977 W

Mr. Jerome Saltzman Deputy Chief Of fice of Antitrust & Indemnity Nuclear Regulatory Commission Washington, D. C. 20555

Subject:

Oconce Units 1, 2, &3 MAL'LU - Policy No. MF-61 NELIA - Policy No. NF-182

Dear Mr. Saltzman:

Attac'hed you will find six (6) copies each of endorsements 42,43, 44 and 45 to NELIA Policy No.

NF-182 and endorsement 28 to MAELU Policy No. MF-61..

Very truly yours, D. R. House, Manager Insurance DRH/sd enclosures

$91211086)

NUCLEAR ENERGY LIABILITY INSURANCE

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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ADVANCE PREMIUM ENDORSEMENT and STANDARD PREMIUM ENDORSEMENT 1

Calendar Year 1977

1. ADVANCE PREM1UM It is agreed that the Advance Premium due the companies for the calendar year designated above is $ 112,556.25 ,

2 STANDARD PREMIUM AND RESERVE PREMIUM In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the provisions of the Industry Credit Rating Plan, the Standard Premium and Reserve Premium are: .

Standard Premium $ 112,556.25 ,

Reserve Premium $ 84,867.75 ,

Effective Date of To form a part this Endorsement January 1, 1977 of Policy No. MF-61 Issued to Duke Power Company Date of Issue December 7, 1976 1ms is 10 ctrain mM "S li ^ g~

not cWI M I'a'tW PA ' For the Subscribing Companies n,s.ot :ru or t ut' JAR p,g3;poir:oin.. 3 LN[ "U#

'[U MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS g .g. ci i; g:cimo uantR 11 , ., . -

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" Mn UNDERWalitRS Countersigned by y- g/d , 4, '

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AUTHORIZED REPRESENTATIVE a

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, , N': lear Energy 1 iability insurance NUCLEAR ENERGY LIABILil Y INSURANCE ASSOCIATION AliEllDfEllT OF C0flDIT10ft 2 "IflSPECT10fl; SUSPEllSI0rl"

, (Facility Form)

It is agreed that Condition 2 "IllSPECT10fi; SUSPEllS10f!" is replaced.by the following:

2 IflSPECTI0fl; SUSPEliS10fi The companies shall at any time be permitted but not obligated to inspect the facility and all operations relating thereto and to examine the insured's books and records as far as they relate to the subject matter of this insurance. fleither the right to make inspections and examina-tions nor the making thereof nor any advice or report resulting therefrom shall constitute an undertaking, on behalf of or for the benefit of the in-sured or others, to determine or warrant that such facility or operations are safe or healthful, or are in compliance with any law, rule or regulation.

If a representative of the companies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hazard, a repre-sentative of the companies may request that such condition be corrected with-out delay. In the event of non-compliance with such. request, a representative of the companies may, by notice to the named insured, to any other person or organization considered by the companies to be responsible for the continuance of such dangerous condition, and to the United States fluclear Regulatory Com-mission, suspend the insurance with respect to the named insured and such other person or organization effective 12:00 midnight of the next business day of such Commission following the date that such Commission receives such notice. The period of such suspension shall terminate as of the time stated in a written notice from the companies to the named insured and to each such m person or organization that such condition has been corrected.

Thir J r l c m di' r " *. ; Pi -t ' : a ; m c . y n- : p 3 e-3 -t e.31 E::do n . - . a: :: N- er c re : t cm " . m.1101*'s r. &:part of the hu ' ~ ' - -

, 1.1 4 _ i !,/ lbliu..- (ricili t:i Form) as des .

4 icaatedI;r c,t. I3 I ara: ' is affordcd hereunder.,

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P4IUM 1117 Mer:rJ ting ropa tv Incurance Assoc.

Effective Date of shis Endorsement January 1, 1977 To form a part of Policy No ((F-182 12:01 A.M. Standard Time issued to Duke _l'pRel_Xomna ny  ;

Data of issue December 15, 1976 For the su' :.cribing Companies I

By .

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j( en6ral Manager q i Endorsement No 42 Countersigned by h"

& P00R ORIGINAL e

f[- Nuclear Energy 1.iability Insurance

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NUCLEA _ _NERGY LIABluIY INSURANCE ASSL .ATION WAIVER OF DEI!USES ENDORSEt1ENT

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(Extraordinary huclear Occurrence)

The named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance As.iociation 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 toe con-struction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation 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 involved 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 ei?.er 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 jurisdictional 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 is 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 claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the J

! maximum amount otherwise recoverable under such law. l i NE-33a (over) t

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3. The waivers set forth in naragraph I. ahnve shall be effe 'ive only with respect to bodily injury or pro, ty damage to which the policy a,,. lies under its terms other than this endorsement; provideJ, nowever, theit with respect to bodily in-jury or property damage resulting from can extraordinary nuclear occurrence, in-suring Agreement IV, " Application of Policy", shall not operate to 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 tFan twenty years after 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 Nuclear 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.

Such 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 proof of financial protection.

5. As used herein:

" extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has 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.

" claimant" means the person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal represent-atives and other persons or "or~gadi zations' ' entitled to bring' an action ~ for' "i ' W damages on account of such i'njtiry;or damage. " t or t;w ;p ! .i- i

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Ef fe' tive Date of this Endorsement J a n u a ry._1.,_19 7 7___ gp~ 182

_ _ __ rm a part of Pohey TJo 12.01 A.M. Standard Time - . . l Duke Power Company Issuid to

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Data of issue _ Dece nber 15. 1976 For the sW 3cribing co panies l

By ) _ _ _

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43 Endorsement FJo Countersigned by ./ /j , ,//

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o Nuc. ar Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMEllDMErlT OF DEFlfilT10fl 0F "flUCLEAR EllERGY HAZARD" (Indemnified fluclear Facility)

It is agreed that:

1. Solely with respect to an " insured shipment" to which the policy applies as proof of financial protection required by the fluclear Regulatory Commission, subdivision (2) of the definition of " nuclear energy hazard" is amended to read:

(2) the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a) the territorial limits of the United States of hierica, its territories or possessions, Puerto Rico or the Canal Zone; or (b) international waters or airspace, provided that the nuclear material is in the course of trans-p' rtation between two points located within the territorial 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 devia-tion in the course of said transportation for the purpose of going to or returning from a port or place of refuge as the result of an emergency.

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

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Ef fective Date of g;p_ I82 ibis E ndorsement _Ma nua ty. l , _197 7__ _... ... . . ___.

To f orm a part of Policy t[o 12.01 A M. Standard Time issued to __.Duhe_ECWnr_ Comp.any For the su .cribing co panics Date of Issue OC.cembet_L5_,_1976

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Endorsement No 44 Countersigned by /, - , ___

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Nuclear Energy i rability insurance NUCLEAR EN

.GY LIABill~l Y INSURANCE As OCIATION

1) ADVAflCE PRLlilVM AtlD STAMDARD PREti!Uti ErlDORSEliEllT

2) CHAtlGES !!1 SUllSCRIBlfK. COMPAfilES Af10 It! THEIR PROPORT10tlATE LiliBILITY EllDORSEMErlT Calendar lear 1977 la. ADVAtlCE PREMIUM:

It is agreed for thr: period designated above that is:

the Advance Premium due the companies

$ 387,693.75

b. STAi1DARD PREltlUM Afl0 RESERVE PREliluti: 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 Rating Plan, the Standard Premium is said Advance Premium and the Reserve Premium is:$ 292,32_2.25 2.

It is agreed that with respect to bodily injury or property damage caused, during hazard: the effective period of this endorsement, by the nuclear encray

a. The word " companies" wherever used in the policy means the subscribing companies lis ted on the reverse side of this endorsement.

b. The policy 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 on the reverse side of this endorsement.

3.

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 31st of the Calendar Year designated in the caption above, if sooner.or to the time of the termination or cancellation of the policy, (Over) l 1 <

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u ucrcy Llabilli.y-1rcpcrty Incuranco A3300-this Endorsement M Duary._] ._1977 ~

12:01 A.M. Standard Time To form a part of Policy No_

issued to Duke Power Company Data of issue _ _ December __31 - 1976- For the su Scribing co panies

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~ ~ -SUB5CRIBING COMPMIES FForMT!01 Or 101' btna Casualty and Surety Co. . The.151 Terminqton Ave. . Hartford. (106156 Stna insurance Comruny 55 Clm St. . Hartford. CT 96115

• 11.'1091?

.11 state Insurance Co. 0324 5Mkie filvd., Skokie. IL 6M76 2.3?)91'"

merican home Assurance Co. 192 Halden la. . New Ynrk. fif 19005 8. 'd 7M70 American !totorists insuraece Co. , Long r. rove, IL 690MG .6 94145 Centennial Insurance Co. 45 Dall St., !!ew York, fif 10005 .TR73127 Com ercial Union Inwrance Co teay. Orc Beacon St.. Boston. MA C41 .1'71127 Continental Casualty Co.. CfM Plata. Chitaco. IL 6D'R$ 3.7191156 Continental lesarance Coacany,1*e. fn 11alden ta. . New York, 4 Aa76121 Federal Insurarce Co. 51 John F. Kennedy Pkey., Short Hills, flJ NY IM39 6.106M 27 07078 rire+an's Fund lesurance Co. 3333 California St., San Francisco. CA ailin .

1.21'395 A,261]201 General Accicent Grea t Aacrican Fire and lesurance Co. Life Assurance Corp., Ltd.,414 Halnut St.. Philadelphia, PA 191051.1149291 500 'Jainut St. . Cincinnati, OH 45291

• .ulf Insurance Co. 3015 Cedic Sprinas. Dallas, it 75221 1.331337" Hanover lesurance Co. The, 440 Lincoln 5t. . WorcMtee. M C1645 .1549211 Har t'crd Accident and ledemnity Co. . lurtford Plata. Hartford. CT 06115 447632 Hartford 5 team Doller Inspec tion and lesurance Co. . The. 55 Prospect St.. Hartfoed 7.74'151' ,

Hw . CT 66112 inde-nity Co. , Ibe. 59 ttilden La, New York, NY 1003't .#26117' lesurance Coupany of North Ocrica.16n) Arch St. . Phila@lphia, PA 16191 2.73111R7 04ryland Casualty Co.. P.O. 6. 971# 8 M 001 1?20 l'altimore. "10 21293 linna rc h lesurance Co. of Chin. The. la Pector St., f W Vork. 'n I M 1' 1.5492107

.271111" Northwestern *84tional inwrance Co. 731 'Incth JF ksne $t. . Pit lwaubae Pacific Indennity Co. 32% '.Jilshire Boulevard. L os An-eles. C4 '6%f wl 51?a2

.9???37 Feerless insurance Co. , C2 Maale Ave. . keene. Nr . Na-rshire 03'31 .1MP1

• Pheenin Assurance Cor cany of new York. M flaiden te.. 'ie+e York, 'l' 1M19 . o'6R M 7 Providence Washin1 ton Insurance Co. , to uashinoten l'1 ace, l'rovidence RI n2003 4617617 Puritan insuraece Coamey,1515 her-ar St.. Stanford, CT e m ; .ngo2s; Reliance inwrance Cortany, .?17116 Royal Globt Insurance Co. 4 Penn Center Plata. P*iiladehhf a PA 19191 150 Hilliaet St. , Neu Vork . M 1003R 1.210695 St. Paul fire and !!arinalnsuranct Co. 1 A7 W8 7 Seaboard Surety Co. , 97 Willia *i St. . New315 Washin1 York, NV 19033ton 5t.. St. Paul til 55102 3. m 2131 Security Insurance Comany of Hartford.11M Asylum Ave.. Hartford. CT n'ini . 3 MM 21 State Farm Fire and Casualt' Company,112 East Washington St.. Bloomiraton. IL 61711 1.n857172 Transamerica Inwranct Co. 1151 50. Olive St.. Los Angeles. CA 9411% . 7)A A%)

Travelers Indemnity Conpany, the Oae Tower Square. Hartford. CT n'11' . Al'6'4 3 United States Fidelity and Guaranty Co. . P.O. BOX 1133. Paltimore. VD 21263 11M0"3*50 UnitcJ 5tates Fire insurance Co. . nadise i Ave at Canfield Rd.. (1orristown, ft.197060 fl.8 395M" 2urich Insurance Co.. Til West Jackson Blvd., Chicaco. IL CN,M 2.n43591

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