ML19319C362

Forwards Nelia Binders EB-61 & Maelu Binder Xb G1 Bond for Payment of Retrospective Premiums, Effective 770801

ML19319C362
Person / Time
Site:	Davis Besse
Issue date:	08/03/1977
From:	Ertle R, Roe L TOLEDO EDISON CO.
To:	Saltzman J Office of Nuclear Reactor Regulation
References
NUDOCS 8002130874
Download: ML19319C362 (22)

Text

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'NRC DISTRIBUTION PCM PART 50 DOCKET MATERIAL t

INSURNiCE 70 FROM-cATE CF OCCUMENT Toledo Edison 8/3/77 Mr. Jerome Saltzman Toledo, Oh CATE RECEIVEO Lowell E. Roe 8/9/77 r

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'ESCRIPTICN ENCLCSU RE Consists of the Nuclear Energy Liability Insur-ance Association (NELIA) and the Mutual Atomic Energy Liability Underwriters (MAELU) Binders evidencing coverage for secondary financial protection effective August 1, 1977.

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TOLEDO EQlSON,'[

r o*' 7 d VVk Docket No. 50-346

^ N ! _' / ; yi d i August 3, 1977

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Serial No. 338 W 0.C ('

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United States Nuclear Regulatory Commission k lgt,

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Attn:

Mr. Jerome Saltzman, Chief A(')s Antitrust & Indemnity Group s

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Nuclear Reactor Regulation Washington, D.C.

20555 RE:

Davis-Besse #1 Secondary Financial Protection Gentlemen:

Enclosed are two certified copies each of the Nuclear Energy Liability Insur-ance Association (NELIA) and the Mutual Atomic Energy Liability Underwriters (MAELU) Binders evidencing coverage for secondary financial protection effec-tive August 1, 1977.

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Lowell E. Rc'e Robert F. Ertle Vice President - Facilities Development Assistant Treasurer Attachments: 4 cc: Cleveland Electric Illuminating Company LER:RFE:cp THE TCLECO EC:SCN COMPANY ECISCN PLAZA 3CO MACfSCN A' VENUE TCLECC. CHO.im'

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BIN 9ER, INCLUDING EB-61 BINDER NO.

DECLARATIONS AND BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS BINDER The members of Nuclear Energy Liability Insurance Association, hereinaf ter called the " companies", subscribing this binder, each for itself, severally and not jointly, and in the respective proportions set forth herein, and the insureds named in Item 1 of the Declarations below, agree as follows:

A.

The companies hereby bind insurance to the insureds named in Item 1 of the Declarations in accordance with the provisions of the Draft Master Policy. All rights and obligations of the parties to this binder are set forth in the provisions of the Draf t Master Policy, as it may be amended from time to time pursuant to its conditions or paragraph S below.

B.

The term " Draft Master Policy" means the draf t of the MASTER POLICY --

NUCLEAR ENERGY LIABILITY POLICY (SECONDARY FINANCIAL PROTECTION) dated June 24, 1977 in the custody of the Nuclear Regulatory Commission, a copy of which is attached hereto, and includes all binders issued by the companies in connection with such Draf t Master Policy.

The Master Policy, as subsequently issued by the companies, shall cancel and replace this binder and the Draft Master Policy effective as of August 1,1977.

C.

Such insurance as is provided by the Draf t Master Policy applies, through this binder, only:

(1) to the insureds identified in Items 1 and 2 of the Declarations

below, (2) to bodily injury or oroperty damace (a) with respect to which the crimary financial orotection This is to certify that described in Item 4 below would apply but for eMaustion this is a true copy of of its limit of liability and the original binder, bearing the number des-(b) which is caused during-the binder period stated in Item l

ignated hereon for in-8 below by the radioactive, toxic, explosive or other surance coverage under hazardous properties of nuclear material and the DRAFT MASTER POLICY-NUCLEAR ENERGY LIABILITY (c) which is discovered and for which written claim is made POLICY (Secondary Fin-against the insured not later than ten years after the ancial Protection) dated end of such binder period; provided, however, that with June-24, 1977. No respect to bodily in. jury or procerty damace caused by a'n insuralce'i's af forded extraordinary nuclear occurrence this subparagraph (c) byyhis "copv.

shall not operate to bar coverage for bodily injury or property damage which is discovered and for wnicn written

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Bardes, years after the date of the extraordinary nuclear occurrence.

Manager-Liability Under-writing, Nuclear Energy Liability-Property fnsurance Association

DECLARATIONS Item 1.

Named insureds and addresses:

(a)

Toledo Edison Company - 300 Madison Ave., Toldeo, OH 43652 (b)

Cleveland Electric Illuminating Company - P.O. Box 5000, Cleveland, OH 44101 Item 2.

Additional insureds:

Any other person or organization who would be covered under crimary financial protection. described in Item 4 of this binder but for exnaustion of the limit of liability of such primary financial protection.

Item 3.

Description and location of the nuclear reactor: Davis-Besse Nuclear Power Station located in Ottawa County, Ohio Item 4 Identification of primary financial protection applicable to the nuclear reactor and limit of liability thereof:

Nuclear Energy Liability Insurance Association Policy NF-236 -$108,500,000 1

Mutual Atomic Energy Liability Underwriters Policy MF-92 -5 31,500,000 Do other nuclear reactors share the limit of liability provided under the primary financial protection?

go Item 5.

Maximum retrospective premium (exclusive of allcwance for premium taxes) payable to the companies under the Draft Master Policy with respect to each nuclear incident: $3,875,000.

Item 6.

Portion of the annual premium payable for the companies' contingent liability described in Condition 4 of the Draft Master Policy from the effective date hereof to the end of calendar year 1977: $1,948.35.

Item 7.

Limits of liability:

See Item 3 of the Declarations of the Draft Master Policy.

Item 8.

Binder period: Beginning on the first day of August,1977, and continuing to the effective date and time of cancelation or termina-tion of the Draft Master Policy or this binder, whichever first occurs, eastern standard time.

BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Know All Men By These Presents, that the undersigned do hereby acknowledge that they are named insureds under the Draft Master Policy described in the above Binder and Declarations. The named insureds do hereby covenant with and are held and are firmly bound to the subscribing members of Nuclear Energy Liability Insurance Association (hereinafter called the " companies") to pay to the companies all retrospective premiums and allowances for premium taxes which shall become due and payable in accordance with the terms of the Draft Master Policy with interest on such premiums and allowances for taxes to be computed at the rate provided in the Draft Master Policy from the date payment thereof is specified to be due the companies in a written notice to the named insured, as provided in Condition 1 of the Draft Master Policy until paid.

And it is hereby expressly agreed that copies of written notices of retrospective premiums and allowances for premium taxes due and payable or other evidence of such amounts due and payable sworn to by a duly authorized representative of the companies shall be prima facie evidence of the fact and extent of the liability of the named insureds for such amounts.

And it is further expressly agreed that the named insureds will indemnify the companies against any and all liability, losses and expenses of whatsoever kind or nature (including but not limited to interest, court costs and counsel fees) which the companies may sustain or incur (1) by reason of the failure of the named insureds to comply with the covenants and provisions of this Bond or (2) in enforcing any of the covenants or provisions of this Bond, or any provisions of the Draft Master Policy relating to such covenants or provisions.

For the purpose of recording this agreement, a photocopy acknowledged before a Notary Public to be a true copy hereof shall be regarded as an original.

THE AB0VE BINDER, DECLARATIONS AND BOND FORM A PART OF THE DRAFT MASTER POLICY.

CANCELATION OR TERMINATION OF THE DRAFT MASTER POLICY OR THE BINDER SHALL NOT AFFECT THE OBLIGATIONS OF THE NAMED INSUREDS UNDER THE ORAFT MASTER POLICY OR THE BOND TO PAY THE RETROSPECTIVE PREMIUMS AND ALLOWANCES FOR PREMIUM TAXES WITH RESPECT TO ANY BODILY INJURY OR PROPERTY DAMAGE WHICH IS CAUSED CURING THE BINDER PERIOD.

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.: IN WITNESS WHEREOF, the named insureds have caused this Binder, these Declara-tions and this Bond for Payment of Retrospective Premiums, to be signed and sealed by a duly authorized officer, to be effective August 1,1977, eastern standard time.

Attest or Witness Named Insureds:

Toledo Edison Company (Named Insured - Type or Print)

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(SEAL) j (Signature of Officer)

Robert F.

Ertle - Assistant Treasurer j.

(Type or Print Name & Title of Officer)

Date:

July 22, 1977 Cleveland Electric Illuminating Company (Named Insured

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(Si~gnatdreofOfficer)

Secretary (Type or Print Name & Title of Officer)

Date:

July 25, 1977 (Named Insured - Type or Print)

By (SEAL)

(Signature of Officer)

(Type or Print Name & Title of Officer)

Date:

w (Named Insured - Type or Print)

By (SEAL)

(Signature of Officer)

(Type or Print Name & Title of Officer)

Date:

(Page 5 of 5 Pages)

Ifi-WITilESS ' MERE 0F, the subscribing companies have caused the Binder and the Declarations to be signed on their behalf by the General Manager of fluclear Energy Liability Insurance Association, to be effective August 1, 1977, eastern standard time, and countersigned below by a duly authorized representative.

Attest or Witness For the Spbscribing Ccmpanies of fluclear Energy Liability Insurance o

Associati 'n s

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$L95C21BING CCwCAN1!$

acCre2rtCN or 10cs Aetaa Casualty and Surety Co.. The 151 r rmington Ave. Hartford. CT 06156 11.4907926 a

Aetna Insurance Cercaay. 55 Elm St.. wartford. CT C6115 2.3753335 Altstate Insurance Co., 0324 Shekie Blvd. Skekie. IL 60076

4. 75c6691 Amertcan Mc+e assurnece Co., 102 Maiden La.. New York NI 10005

.6730115 Aeerican Motorists Insurance Co., Long Grove. IL 60043

. 385M 91 Certeantal Insurance Co., 45 Wall St.. New York NY M005

.3958311 Ceme:tal Union Insurance Co.. Ore Beacon St.. Boston. "A 02108 3.4938240 Conttrental Casualty Co. CNA Plaza. Chica;o IL 6n685 4.4330579 Centinental Insurance Co the 80 Walden La.. New York, Nr 10028 5.3342254 Fedecal Insu se:e Ca. 51 John F. teanedV pkwy.. Shcrt Hills. NJ 07078 1.266A451 e

Fire *4n's Fund Iesuraece Co.

3333 Call'ornta St.. San Francisco, CA 24110 4.35473'M Geaeral Accident Fire aad Lt'e Assurance Corp., Ltd. 414 Walnut St.. P%11adelchia, PA 19105 1.346f229 Great Lae-tcan Insuraece Co. 580 Walnut St.. Cincinnatt. OH 45201 1.3311973 Gulf Insurance Co. 3015 Cedar Scrings. 041145. TX 75221 1583556 denover Insurance Co., the. 440 Llacoin St.. Worcestee. "A 01605

.4750549 Hartford Accident and Indemity Co. Martford Plaza. Hartford. CT 06115 7.1177918

. Hartford Steam Sotier less. L Ins. Co., fee 56 8eoseect St.. Hartfore. CT C6102

.4354790 Here Incematty Co.

The 59 "atden La.. New York, NY 10038 2.7712236 irsurance Co. of North Areetta.1600 Arc % Street. P%iladelp%ia. 94 19101 5.3342250

- "arytasd Casual ty Co.. p.0. 30s 1223. Saltimore. "O 21203 1.54355A4 Monar:n Insurance Co. of Ohio. The 19 Rector St., New York NY 10006

.2771224

' Nert%estern National ins. Co. 131 No. Jackson 5t.. Milwaukee, WI 53202

.5542347 Pacific Irde*91ty Co. 3200 Jtis% ire 31vd.. Los Angeles. CA 90054

.3167113 Dee*Iess I*sur4nce Co. 62 MaDIe Ave., Kee*e. NH 03431 0999723 P% cent Assuraace Co. of Naw York. 80 "aiden La.. New York. NY 10038 475C669 pentective tesurance Ca 3100 No. Meridtan 5:. ladianasol t s. IN 462^A 1543556 peoveeace Wasnicotan Insuraace Co. 20 Nashington place. Dmvf dence. R! 02903

.C983723 Parttan lasurance Cmay.1515 Seer St.. Stamford. CT 06105

.2375335

1. ellance Insurance Coreany. 4 Penn Ceatee 81 ara. Philadelphu. P A 19103 1.2663451 Royal Globe Insurance Cowar.y. '50 Willia = Street. New York, New Yo-k 10029 3.5620118 St. Paul Fire & Marine Ins. Co., 3A5 Wash *naton St.. St. Paul. "N 55102 3.3335540 Seaboard Surety Co. 30 W111 tam St.. New York, NY 10038

.3167113 Securtty Insurance Com:eny of wartfnrd.10C0 Asylum Ave.. Hartford. CT 06101 1.9639005 State Fam Fire & Casualty Coecany.112 East Washington St. 91eomlagton. IL 61701

.7917782 treaswertca Insurance Cc. 1150 So. Olive St.. Los Argeles CA 90015

.6334225 Travele*s Inde*ntty Company. The. One tower souare. Hartford. CT 06115 11.2432501 Unt te1 States Fteelity and '.uaranty Co.. P.O. 801 1138. Baltimre. % 2'203 9.0262712 United States Fire !esursace Co. 4adison Ave. at Canf teld ed.. uorristown, NJ 07960 2.3504014 Zuric% Insurance Co. 111 West Jackson Blvd.. Chicago, IL 50604 79I7732 NE-77a rm

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BINDER, INCLUDING EB-61 BINDER NO.

DECLARATIONS AND BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS BINDER The members of Nuclear Energy Liability Insurance Association, hereinaf ter called the " companies", subscribing this binder, each for itself, severally and not jointly, and in the respective proportions set forth herein, and the insureds named in Item 1 of the Declarations below, agree as follows:

A.

The companies hereby bind insurance to the insureds named in Item 1 of the Declarations in accordance with the provisions of the Draf t Master Policy. All rights and obligations of the parties to this binder are set forth in the provisions of the Draf t Master Policy, as it ay be amended from time to time pursuant to its conditions or paragrapn B below.

B.

The term " Draft Master Policy" means the draft of the MASTER POLICY --

NUCLEAR ENERGY LIABILITY POLICY (SECONDARY FINANCIAL PROTECTION) dated June 24, 1977 in the custody of the Nuclear Regulatory Commission, a copy of which is attached hereto, and includes all binders issued by the companies in connection with such Draf t Master Policy.

The Master Policy, as subsequently issued by the companies, shall cancel and replace this binder and the Draft Master Policy effective as of August 1,1977.

C.

Such insurance

.vided by the Draf t Master Policy applies, through this binder, c (1) to the insureds identified in Items 1 and 2 of the Declarations

below, (2) to bodily injury or procerty damage (a) with respect to which the orinarv financial orotection This is to certify that described in Item 4 below would apply but for exhaustion

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this is a true copy of of its limit of liability and the original binder, bearing the nuciber des-(b) which is caused during the bincer period stated in Item ignated hereon, for in-8 below by the radioactive, toxic, explosive or other surance coverage under hazardous properties of nuclear material and the DRAFT MASTER POLICY-NUCLEAR ENERGY LIABILITY (c) which is discovered and for which written claim is made POLICY (Secondary Fin-against the insured not later than ten years after the ancial Protection) dated end of such binder period; provided, however, that with June 24,r1977.

No respect to bodily injury or procerty damage caused by an insurance'is afforded extraordinary nuclear occurrence this subcaragraoh (c) snall not operate to bar coverage for bodily injury or by this copy.

procerty damage which is discovered and for wnicn written

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Q claim is made against the insured not later than twenty Charle's R'..Nrdds /

years af ter the date of the extraordinary nuclear occurrence.

Manager-Liability Under-writing, Nuclear Energy Liability-Property Znsurance Association

. DECLARATIONS Item 1.

Na.ned insureds and addresses:

(a)

Toledo Edison Company - 300 Madison Ave., Toldeo, OH 43652 (b)

Cleveland Electric Illuminating Company - P.O. Box 5000, Cleveland, OH 44101 1

J Item 2.

Additional insureds:

Any other person or organization who would be covered inder primary financial protection described in Item 4 of this binde r but for exnaustion of the limit of liability of such primary "Tnancial protection.

Item 3.

Description and location of the nuclear reactor: Davis-Besse Nuclear Power Station located in Ottawa County, Ohio Item 4.

Identification of primary financial crotection applicable to the nuclear reactor and limit of liability tnereof:

Nuclear Energy Liability Insurance Association Poli:y NF-236 -3108,5C0.000 Mutual Atomic Energy Liability Underwriters Policy MF-92 -5 31,500,000 Do other nuclear. reactors share the limit of liabilf:y provided under the -primary financial protection?

no.

' Item 5.

Maximum retrospective premium (exclusive of allowance for premium taxes) payable to the companies under the Draft Master Policy with respect to each nuclear. incident:

$3,875,000.

. = _,

. ". Item 6.

Portion of the annual premium payable for the companies' contingent liability described in Condition 4 of the Draft Master Policy from the effective date hert1f to the end of calendar year 1977:

$1.948.35.

Item 7.

Limits of liability: See Item 3 of the Declarations of the Draft Master Policy.

Item 8.

Binder period: Beginning on the first day of August,1977, and continuing to the effective date and time of cancelation or termina-tion of the Draft Master Policy or this binder, whichever first occurs, eastern standard time.

BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Know All Men By These Presents, that the undersigned do hereby acknowledge that they are named insureds under the Draft Master Policy described in the above Binder and Declarations. The named insureds do hereby covenant with and are held and are firmly bound to the subscribing members of Nuclear Energy Liability Insurance Association (hereinafter called the " companies") to pay to the companies all retrospective premiums and allowances for premium taxes which shall become due and payable in accordance with the terms of the Draft Master Policy with interest on such premiums and allowances for taxes to be computed at tne rate provided in the Draft Master Policy from the date payment thereof is specified to be due the companies in a written notice to the named insured, as provided in Condition 1 of the Draft Master Policy until paid.

And.it is hereby expressly agreed that copies of written notices of retrospective premiums and allowances for premium taxes due and payable or other evidence of such amounts due and payable sworn to by a duly authorized representative of the companies shall be prima facie evidence of the fact and extent of the liability of the named insureds for such amounts.

And it is further expressly agreed that the named insureds will indemnify the companies against any and all liability, losses and expenses of whatsoever kind or nature (including but not limited to interest, court costs and counsel fees) which the companies may sustain or incur (1) by reason of the failure of the named insureds to comply with the covenants and provisions of this Bond or (2) in enforcing any of the covenants or provisions of this Bond, or any provistons of the Draft Master Policy relating to such covenants or provisions.

For the purpose of recording this agreement, a photocopy acknowledged before a Notary Public to be a true copy hereof shall be regarded as an original.

THE ABOVE BINOER, DECLARATIONS AND BOND FORM A PART OF THE DRAFT MASTER POLICY.

CANCELATION OR TERMINATION OF THE DRAFT MASTER POLICY OR THE BINDER SHALL NOT AFFECT THE OBLIGATIONS OF THE NAMED INSUREDS UNDER THE CRAFT MASTER POLICY OR THE BOND TO PAY THE RETROSPECTIVE PREMIUMS AND ALLOWANCES FOR PREMIUM TAXES WITH RESPECT TO ANY BODILY INJURY OR PROPERTY DAMAGE WHICH IS CAUSED DURING THE BINDER PERIOD.

Ifl.WITiiESS WHEREOF, the named insureds have caused this Binder, these Declara-tions and this Bond for Payment of Retrospective Premiums, to be signed and sealed by a duly authorized officer, to be effective August 1,1977, eastern standard tima, Attest or Witness flamed Insureds:

Toledo Edison Company (flamed Insured - 7ype or Print)

% N4L e ot%w By Mk bd (SEAL) j.

(Signature of Officer)

Robert F. Ertle - Assistant Treasurer (Type or Print flame J Title of Officer)

Date:

Julv 22, 1977 Cleveland Electric Illuminating Ccmpany (flamed Insured vpe or Print)

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(SEAL)

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(SignatdreofOfficer)

Secreterr (Type or Print flame & Title of Officer)

Date:

July 25, 1977 (flamed Insured - Type or Print)

By (SEAL)

(Signature of Officer) i I

(Type or Print flame & Title of Officer)

Date:

4 (flamed Insured - Type or Print) l By (SEAL)

(Signature of Officer)

(Type or Print Name & Title of Of ficer).

Date:

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(Page 5 of 5 Pages)

IN WITNESS WHEREOF, the subscribing companies have caused the Binder and the Declarations to be signed on their behalf by the General Manager of Nuclear Energy Liability Insurance Association, to be effective August 1, 1977, eastern standard time, and countersigned below by a duly authorized representative.

Attest or Witness For the Spbscribing Companies of Nuclear Energy Liability Insurance Associati'n

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N Su8sCn!91NG CCMDA41ES Pc0F0titCN OF 10f's s

Aetna Casualty and Surety Co.. The. 151 Farmington Ave.. Hartforo. CT C6156 11.4907S36 Aetna Insarance Co*paay. 55 Elm St.. dartfor1. CT C6115 2.37533a5 Allstate Insurance Co. 0324 Skckte Blvd.. Skokie. IL SC076 4.7506691 Ar'erican No-e Assursace Co.,102 Maidei La.. New York. %Y 10005

.6730115 A*erican Motorists Insurance Co., Long Greve. IL 6C049

.3258891 Centeantal Insarance Co. 45 dall St.. New fort. NY 10005

.3953891 Ce m ecial Union lesurance Co.. Ore Beacom St. 9eston, *A 02108 3.4839240 Continental Casualty Co.. CNA *1ata. Chicago !L 60635 4.435578 Continental Insarance Co.. Tre. 80 Maiden La.. New York. NY 10038 6.3142254 Feeeral Insu ance Co. 51 John r. Keenedy Pkwy.. Short dills. NJ n7n?s 1.265A451 r

Fire *an's Fued in:grance Co., 3333 Califor914 St.. San Francisco. CA c4112 4.3547910 Geaers) Accident Fire a9d Life Assarnace Coro., Ltd. 414 Walnut St.. Philadelchia. 'A 19105 1.3460229

~.reat American Insur4Pce Co. 580 Walnut St.. CipClaesti. OH 45201 1.3301373 Gulf Insurance Co. 3015 Cedar Soriaqs. Oa11as. 7175221

.1533556 Haaove. Insurance Co.. The. 440 Lincoln it.. erceste*. *A 91605 4757669 wartferd Accident and lademnity Co.. Martford Plaza. Hartford. Ci 06115 7.9177618 Hartfort s team Bot ter Inso. L Ins. Co.. The. 56 Proseect St.. Martford. Cf C6102 43547en dc*e f ade*et ty Cc., the. 59 w ides 1.a.. New York. NY 10038 2.7712236 a

!asarance Co. of North America.1600 arc 4 $treet. P%tladelonia, PA 19101 6.3342250 Maryland Casualty Co.. P.O. 508 1229 Bal timore. 90 21203 1.5835584 Meaerem Insuracce Co. of Chto. The. 19 eector St.. New ferk. NY 10006

.2771224 Ncrt%estern MattomaI Ins. Co. 131 No. Jackson St.. Milwawkee. dI 53202

.5542447 4

Pacific Inde* atty Co., 3200 Wilsnire 31va.. Los Angeles. CA 90054

.3167113 Peerless insureece Co., 62 " sole Ave.. reeae, Nw n3431

.0784723 Fhoents Assursice Co. of New York. 80 Matden La.. Nc. York, NY 1008 475C669 Prctective Insurance Cu.

3100 No. Me*idia9 St., Indiamanolts. IN 462r8 15!3556 Prov11eere Washiagton lesursace Co. 20 dashiagton place. Providence. 41 02903

.0989723 i

Parttan insurme Coenaay.1515 Surwer St.. Stamford. CT C6905

.2375335 s llarte Insurance Comaary 4 Pean certer P14:n. Philadc1phia. PA 1910) 1.2668451 e

toyal Globe Insuraace Comcary 150 W111ta= $treet. New York. New fort 10038 1.5630018 St. Paul Fire & Marine Ins. Co. 3A5 WasnMaton St. $t. Paul. "M $5102 3.9335540 5eaboard Saraty Co. 90 dilliam St.. New York. NY 10038

.3167113 5ecurity Insurance Co cany of wartfor1.1000 Asylum Ave.. Martford, CT C6101 1.06890 0

$ tate Farm Fire & Cassalt/ Co*pany.112 !ast dashington St. 81eomirgton. IL 61701 7917792 Yransa* erica insurance Co. 1150 So. Olive $t.. Los Argeles. (A 90015

.6334225 Travelers ledemity Concany. The, One te.er Souare. Hartford. CT 06115 11.2432501

'Jat tae ;tates 'f eel t ty sad *.uaranty Co.. P.O. BOI 1138. Baltinere. 40 21203 9.0262712 United States Fire Insarance Co.. w dtson Ave. at canf teld Po.. Morristown. 4J 07960 2.9504614 a

i bric9 19suraace Co. 111 'sest Jackson Blvd.. Chicago. !L 60604

.7917782

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BINDER, INCLUDING BINDER NO. N %-la; t

DECLARATIONS AND BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS BINDER The members of Mutual Atomic Energy Liability Underwriters, hereinaf ter called the " companies", subscribing this binder, each for itself, severally and not jointly, and in the respective proportions set forth herein, and the insureds named in Item 1 of the Declarations below, agree as follows:

i A.

The companies hereby bind insurance to the insureds named in Item 1 of the Declarations in accordance with the provisions of the Draft Master Policy. All rights and obligations of the parties to this binder are set forth in the provisions of the Draf t Master Policy, as it may be arrended from time to time pursuant to its conditions or paragraph B below.

4 B.

The term " Draft Master Policy" means the draf t of the MASTER POLICY --

NUCLEAR ENERGY LIABILITY POLICY (SECONDARY FINANCIAL PP0TECTION) dated June 24, 1977 in the custody of the Nuclear Regulatory Commission, a copy of which is attached hereto, and includes all binders issued by the companies in connection with such Draf t Master Policy _.

Tne Master Policy, a

as subsequently issued by the companies, shall cancel and replace this binder and the Draf t Master Policy effective as of August 1,1977.

C.

Such insurance as is provided by the Draft Master Policy applies, through this binder, only:

This s to certify (1) to the insureds identified in Items 1 and 2 of the Declarations that this is a true

below, copy of the original (2) to bodily injury or orocerty damage binder, bearing the number designated (a) with respect to which the crimary financial orotection hereon, for insur-described in Item 4 below would apply but for exhaustion l

ance coverage un-of its limit of liability and

. l (b) which is caused during the binder period stated in Item der the DRAFT MASTER POLICY-8 below by the radioactive, toxic, explosive or other NUCLEAR ENERGY..

hazardous properties of nuclear material and i

LFA BILITY POLICY (Secondary Finan-(c) which is discovered and for which written claim is made cial Protection) against the insured not later than ten years after the end of such binder period; provided, however, that with dated June 24, 1977 No,nsurance is af ;

respect to bodily injury or property damage caused by an t

extraordinary nuclear occurrence this subparagraoh (c) forded by this copy.

shall not operate to bar coverage f or bodily injury or I

% -x MQo P_ fop _e,rty damaru which is discovered and for wnich written claim is made against the insured not later than twenty Theodore Geras years af ter the date of the extraordinary nuclear occurrence.

. Sec reta ry-Mutual Atomic Energy Liability Under-w rite rs t

___.._~, -... _.

DECLARATIONS Item 1.

Named insureds and addresses:

(a) Toledo Edison Company - 300 Madison Avenue. Toledo, OH 43652 (b) Cleveland Electric Illuminating Company - P.O. Box 5000, Cleveland, OH 44101 2

4

)

l Item 2.

Additional insureds:

Any other person or organization who would be covered under primary financial protection described in Item 4 of this binder but for exhaustion of the limit of liability of such primary financial protection.

Item 3.

Description and location of the nuclear reactor:

Davis-Besse Nuclear Power Station located in Ottawa County, Ohio Item 4 Identification of primary financial orotection applicable to the nuclear reactor and limit of liability thereof:

Nuclear Energy Liability Insurance Association Policy NF-236-$108,500,000 Mutual Atomic Energy Liability Underwriters Policy MF-92-$ 31,500,000 Do other nuclear reactors share the limit of liability provided under the primary financial protection?

No Item 5.

Maximum retrospective premium (exclusive of allowance for premium taxes) payable to the companies under the Draft Master Policy with respect to each nuclear incident:

$1,125,000.

A.

" - Item 6.

Portion of the annual premium payable for the companies' contingent liability described in Condition 4 of the Draft Master Policy from the effective date hereof to the end of calendar year 1977: $565.65.

Item 7.

Limits of liability: See Item 3 of the Declarations of the Draf t Master Policy.

Item 8.

Binder period: Beginning on the first day of August,1977, and continuing to the effective date and time of cancelation or termina-tion of the Draft Master Policy or this binder, whichever first occurs, eastern standard time.

BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Know All Men By These Presents, that the undersigned do hereby acknowledge that they are named insureds under the Draft Master Policy described in the above Binder and Declarations. The named insureds do hereby covenant with and are held and are firmly bound to the subscribing members of Mutual Atomic Energy Liability Underwriters (hereinafter called the " companies") to pay to the companies all retrospective premiums and allowances for premium taxes which shall become due and payable in accordance with the terms of the Draft Master Policy with interest on such premiums and allowances for taxes to be ccmputed at the rate provided in the Draft Master Policy from the date payment thereof is specified to be due the esmpanies in a written notice to the named insured, as provided in Condition 1 of the Draft Master Policy until paid.

And it is hereby expressly agreed that copies of written notices of retrosoective premiums and allowances for premium taxes due and payable or other evidence of such amounts due and payable sworn to by a duly authorized representative of the companies shall be prima facie evidence of the fact and extent of tne liability of the named insureds for such amounts.

And it is further expressly agreed that the named insureds will indemnify the companies against any and all liability, losses and expenses of whatsoever kind or nature (including but not limited to interest, court costs and counsel fees) which the companies may sustain or incur (1) by reason of the failure of the named insureds to comply with the covenants and provisions of this Bond or (2) in enforcing any of the covenants or provisions of this Bond, or any provisions of the Draft Master Policy relating to such covenants or provisions.

For the purpose of recording this agreement, a photocopy acknowledged before a Notary Public to be a true copy hereof shall be regarded as an orioinal.

THE AB0VE BINDER, DECLARATIONS AND BOND FORM A PART OF THE DRAFT MASTER POLICY.

CANCELATION CR TERMINATION OF THE DRAFT MASTER POLICY OR THE BINDER SHALL NOT AFFECT THE OBLIGATIONS OF THE NAMED INSUREDS UNDER THE DRAFT MASTER POLICY OR THE BOND TO PAY THE RETROSPECTIVE PREMIUMS AND ALLOWANCES FOR PREMIUM TAXES WITH RESPECT TO ANY BODILY INJURY OR PROPERTY DAMAGE WHICH IS CAUSED DURING THE BINDER PERIOD.

r l

l l

4-g IN WITNESS WHEREOF, the named insureds have caused this Binder, these Declara-tions ar.d this Bond for Payment of Retrospective Premiums, to be signed and sealed by a duly authorized officer, to be effective August 1,1977, eastern standard time.

'A'ttest or Witness Named Insureds:

Toledo Edison Company (Named Insured - Type or Print) e N7m By Yk Y

-(SEAL)

<m, h

(Signature of Officer)

Robert F.

Ertle - Annineane Trancurov (Type or Print Name & Title of Officer)

Date: July 22, 1977 Cleveland Electric Illuminating Company (Nam Incured - Type or Print,)

p'fuf By_ /$1(!a t ~' b Lh/fMYll(SEAL) st/

i

/

(Signature of Officer)

Secretarf (Type or Print Name & Title of Officer)

Date:

July 25, 1977 (Named Insured - Type or Print)

By (SEAL)

(Signature of Officer)

(Type or Print Name & Title of Officer)

Date:

(Named Insured - Type or Print)

B; (SEAL; (Signature of Officer)

(Type or Print Name & Title of Officer)

Date:

; *.~.'

(Page 1 of 5_Pages)

IN WITNESS WHEREOF, the subscribing companies have caused the Binder and

'the Declarations to be signed on their behalf by the Manager of Mutual

. Atomic Energy Liability Underwriters, to be effective August 1,1977, eastern standard time, and countersigned below by a duly authorized representative.

Attest or Witness For the Subscribing Companies of Mutual Atomic Energy Liability Underwriters d Ab D GLLbm By 7

Theodore Geras - Secretary Countersigred by (Authorized Representatfve)

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SUBSCRIBING COMPANIES PROPORTION OF 100%

American Mutual Liability Insurance Company, Wakefield, MA 15.0000000 EmployersMutual Liability Insurance Company, Wausau, Wisc.

15.0000000 I

Liberty Mutual Insurance Company, Boston, MA 45.0000000 LumbermansMutual Casualty Company, Long Grove, Illinois 15.0000000 Michican ittual Liability Company, Detroit, Michigan 5.0000000 Sentry Insurance, A Mutual Company, Stevens Point, Wisc.

5.0000000 1

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BINDER, INCLUDING BINDER NO. 9 % u '

DECLARATIONS AND BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS BINDER The members of Mutual Atomic Energy Liability Underwriters, hereinafter called the " companies", subscribing this binder, each for itself, severally and not jointly, and in the respective proportions set forth herein, and the insureds named in Item 1 of the Declarations below, agree as follows:

A.

The companies hereby bind insurance to the insureds named in Item 1 of the Declarations in accordance with the provisions of the Draf t Master Policy. All rights and obligations of the parties to this binder are set forth in the provisions of tne Draft Master Policy, as it may be amended from time to time pursuant to its conditions or paragraph B below.

B.

The term "Draf t Master Policy" means the draft of the MASTER POLICY --

NUCLEAR ENERGY LIABILITY POLICY (SECONDARY FINANCIAL PP0TECTION) dated June 24, 1977 in the custody of the Nuclear Regulatory Commission, a copy of which is attached hereto, and includes all binders issued by the i

companies in connection with such Draf t Master Policy _..The Master Policy, as subsequently issued by the companies, shall cancel and replace this binder and the Oraf t Master Policy effective as of August 1,1977.

C.

Such insurance as is provided by the Draf t Master Policy applies, through this binder, only:

o the insureds identified in Items I and 2 of the Declarations This is to certify (1) t that this is a true

below, i

copy of the original (7) to bodily injury or croperty damace binder, bearing the number designated (a) with respect to which the primary financial protection 1

hereon, for insur-described in Item a below would aoply but for exhaustion ance coverage un-of its limit of liability and der the DRAFT (b) which is caused durino the binder period stated in Iten MASTER POLICY-t 8 below by the radioactive, toxic, explosive or other j

NUCLEAR ENERGYj hazardous properties of nuclear material and LZABILITY POLICY;

{

(Secondary Finan-l (c) which is discovered and for which written claim is made cial Protection) l against the insured not later than ten years af ter the dated June 24, 1977j end of such binder period; provided, however, that with No insurance is af,

respect to bodily injury or property damage caused by an t

extraordinary nuclear occurrence this suboaragraoh (c) forded by this copy.

shall not. operate to bar coverale f or bodily injury 'r prop ~erty damans which is discovered and for wnicn written

.,'f ie x *.- 9.'f claim is made sqainst the insured not later tnan twenty i

years after the date of the exFa~ ordinary nuclear occurrence.

Theodore Geras 1

Sec reta ry-Mutual Atomic Energy

' Liability Under.

Priters J

DECLARAYIONS Item 1.'

Named insureds and addresses:

(a) Toledo Edison Company - 300 Madison Avenue. Toledo, OH 43652 (b) Cleveland Electric Illuminating Company - P.O. Box 5000, Cleveland, OH 44101 4

4 Item 2.

Additional insureds:

Any other person or organization who would be covered under primary financial protection described in Item 4 of this binder but for exhaustion of the limit of liability of such primary financial protection.

Iten 3.

Description and location of the nuclear reactor:

Davis-Besse Nuclear Power Station located in Ottawa County, Ohio Item 4.

Identification of primary financial orotection applicable to t!.e nuclear reactor and limit of liability thereof:

Nuclear Energy Liability Insurance Association Policy NF-236-$108,500,000 Mutual Atomic Energy Liability Underwriters Policy MF-92-$ 31,500,000 Do other nuclear reactors shars the limit of liability provided under the primary financial orotection?

No Item 5.

Maximum retrospective premium (exclusive of allowance for premium taxes) payable to the companies under the Draft Master Policy with respect to each nuclear incident:

$1,125,000.

1.

3-Item 6.

Portion of the annual premium payable for the companies' contingent liability described in Condition 4 of the Draft Master Policy from the effective date hereof to the end of calendar year 1977:

$565.65.

Item 7.

Limits of liability: See Item 3 of the Declarations of the Draft Master Policy.

Item 8.

Binder period: Beginning on the first da/ of August,1977, and continuing to the effective date and time of cancelation or termina-tion of the Draft Master Policy or this blnder, whichever first occurs, eastern standard time.

BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Know All Men By These Presents, that the undersigned do hereby acknowledge that they are named insureds under the Draft Master Policy described in the above Binder and Declarations. The named insureds do hetaby covenant with and are held and are firmly bound to the subscribing members of Mutual Atomic Energy Liability Underwriters (hereinafter called the " companies") to pay to the companies all retrospective premiums and allowances "or premium taxes which shall become due and payable in accordance with the terms of the Draft Master Policy with interest on such premiums and allowances for taxes to be computed at tne rate provided in the Draft Master Policy from the date payment thereof is specified to be due the companies in a written notice to the named insured, as provided in Condition 1 of the Draft Master Policy until paid.

And it is hereby expressly agreed that copies of written notices of retrospective premiums and allowances for premium taxes due and paya31e or other evidence of such amounts due and payable sworn to by a duly author' zed representative of the companies shall be prima facie evidence of the fact anc extent of the liability of the named insureds for such amounts.

And it is further expressly agreed that the named insureds will indemnify the companies against any and all liability, losses and expenses of whatsoever kind or nature (including but not limited to interest, court :osts and counsel fees) which the companies may sustain or incur (1) by reason of the failure of the named insureds to comply with the covenants and provisions of this Bond or (2) in enforcing any of the covenants or provisions of this Sand, or any provisions of the Draft Master Policy relating to such covenant; or provisions.

For the purpose of recording this agreement, a photocopy acknowledged before a Notary Public to be a true cocy hereof shall be regarded as an original.

THE AB0VE BINDER, DECLARATIONS AND BOND FORM A PART OF THE DRAFT MASTER FOLICY.

CANCELATION OR TERMINATION OF THE DRAFT MASTER POLICY OR THI BINDER SHALL NOT AFFECT THE OBLIGATIONS OF THE NAMED INSUREDS UNDER THE DRAFT MASTER POLICY OR THE BOND TO PAY THE RETROSPECTIVE PREMIUMS AND ALLOWANCES FOR PREMIUM TAXES ~

WITH RESPECT TO ANY BODILY INJURY OR PROPERTY DAMAGE WHICH 15 CAUSED DURING THE BINDER PERIOD.

. g..

' ~

IN WITNESS WHEREOF, the named insureds have caused this Binder, these Declara-tions and this Bond _for Payment of Retrospective Premiums, to be signed and sealed by a duly authorized officer, to be effective August 1,1977, eastern j

standard time.

A'ttest or Witness Named Insureds:

Toledo Edison Company (Named Insured - Type or Print) 2

[

jho dw-s~)

By 2M

-(SEAL) h (Signature of Officer)

Robare F.

Frele - Asa f tenne Trommitrer (Type or Print Name & Title of Officer)

I Date: July 22, 1977 Cleveland Electric Illuminating Company (Nam

}

-Insured - Typ(e or Print)

(, t'ht?

F'.

Akl% v'

.J Y/h;f/f) SEAL)

By ( $7c/uv' b:

l (Signature'of Officer)

Secretar]

(Type or Print Name & l'tle of Officer)

Date:

July 25, 1977 (Named Insured - Type or Print) l By (SEAL)

(Signature of Officer) i (Type or Print Name & Title of Officer)

Date:

1

-(Named Insured - Type or Print)

By (SEAL}

(Signature of Officer)

(Type or Print Name & Title of Officer)

Date:

(Page _5_. of 5 Pages)

IN WITNESS WHEREOF, the subscribing companies.1 ave caused the Binder and

'the Declarations to be signed on their behalf by the Manager of Mutual Atomic Energy Liability Underwriters, to be effective August

,1977, eastern standard time, and countersigned below by a duly authorized representative.

Attest or Witness For the Subscribing Companies of Mutual Atomic Energy Liability Underwriters Abh W

6L jm t

A By Theodore Geras - Secretary kk Countersigned by H

(AuthorizedRepresentat[/e)

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SUBSCRIBING COMPANIES PROP 0RTION OF 100%

American Mutual Liability Insurance Company, Wakefield, MA 15.0000000 EmployersMutual Liability Insurance Company, Wausau, Wisc.

15.0000000 Liberty Mutual Insurance Company, Boston, MA 45.0000000 LumbermansMutual Casualty Company, Long Grove, Illinois 15.0000000 Michigan Mutual Liacility Comoany, Detroit, Michigan 5.0000000 Sentry Insurance, A Mutual Company, Stevens Point, Wisc.

5.0000000 w

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