ML19316A462
| ML19316A462 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 08/25/1978 |
| From: | Parker W DUKE POWER CO. |
| To: | Saltzman J Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 7912110772 | |
| Download: ML19316A462 (3) | |
Text
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DUKE POWER COMPANY Powen Busi.nswo 4' J Sourn Cnunen Srucer, CnAnn.orre. N. C. eaa.m
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August 25, 1978 Vice Pacsicrut Tr t c ewon t:Anta704 f,ttau PeoDuCTION 373-4083 Mr. Jerome Saltzman, Chief Antitrust and Indemnity Group Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Re: Oconee Nuclear Station Docket Nos.
50-269, -270, -287
Dear Sir:
Your letter to Mr. A. C. Thies dated August 14, 1978 transmitted Amendment.12 to Indemnity Agreement B-44 which reflected changes to 10CFR Part 140 " Financial Protection Requirements and Indemnity Agreements," which became effective on August 1, 1977. This article, Article VIII, establishes procedures for the Commission to utilize to recover premiums paid by the Government on behalf of I
licensees which default on deferred premium payments. Please find attached a signed copy of Amendment 12 which indicates our acceptance.
V ry truly yours, 3
G.
/ William O. Parker, Jr.
KRW:scs Attachment a
782370247
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191s no 772
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UNITED STATES y
NUCLEAR REGULATORY COMMisslON
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WASHINGTON, 0. C. 20555 t
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%....+y Docket Nos. 50-269 50-270 50-287 AMENDMENT TO INDEMNITY AGREEMENT NO. B-44 AMENDMENT N0. 12 Effective August 1,1977, Indemnity Agreement No. B-44, between Duke Power Company, and the Atomic Energy Commission, dated March 24, 1970, as amended, is hereby further amended by adding a new Article VIII to read as follows:
4
" ARTICLE VIII "1.
If the licensee fails to pay assessed deferred premiums, the Commission reserves the right to pay those premiums on behalf of the licensee and to recover the amount of such premiums from the licensee.
"2.
The Commission shall require the immediate submission of financial statements by those licensees who indicate, after an assessment of the retrospective premium by the insurance pools, that they will not pay the assessment.
Such financial statements shall include, as a minimum, exhibits indicating in'.ernally generated funds from operations and accumulated etained earnings.
Subsequent submission of financial statements a such licensees may be requested by the Commission, as required.
"3.
If premiums are paid by the Commission as provided in paragraph 1, payment by the Commission 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 such licensee. The lien shall arise at the time payment is made by the Commission and shall continue until the liability for the amount (or a, judgment against the licensee arising out of such liability) is satisfied or becomes unenforceable.
The Commission 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.
.. "4.
If the Commission determines that the licensee is financially 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 Commission 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 within the 30-day suspension period including, but not limited to, termination of the operating license."
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FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION l
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Jerome Saltzman, Chief.
Antitrust and Indemnity Group Office of Nuclear Reactor Regulation Accepted /
August 25 n
,1978
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