ML19325D415
| ML19325D415 | |
| Person / Time | |
|---|---|
| Site: | Fermi  |
| Issue date: | 10/11/1989 |
| From: | Stang J Office of Nuclear Reactor Regulation |
| To: | Sylvia B DETROIT EDISON CO. |
| References | |
| NUDOCS 8910230241 | |
| Download: ML19325D415 (12) | |
Text
.__
Oct:ber 11. 1989 Docket Nos. 50-16/341 Mr. B. Ralph Sylvia Sr. Vice President Nuclear Operations 6400 North Dixie Highway Newport, Michigan 48166 a
Dear Mr. Sylvia:
1
SUBJECT:
FERMI UNITS 1 & 2 NUCLEAR PLANT - AMENDMENT TO INDEMNITY AGREEMENT Enclosed is an amendment to your indemnity agreement: reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements,"
effective July 1, 1980.
The amendments to Part 140 reflect the increase from-
$160 million to $200 million in the primary layer of nuclear energy liability 4 insurance provided by American Nuclear' Insurers and Mutual Atomic, Energy Liability Underwriters.
The amendment also conforms to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of'1988," which was enacted on August 20, 1988.
p Please signify your acceptance of the amendment to your indemnity agreement in the space provided and return one signed copy to the Document' Control Desk, ATTN:
Ira Dinitz, Senior Insurance / Indemnity Specialist, U.S; Nuclear Regulatory Commission, Mail Stop 12E-4, Washington, D.C.
20555.
If you have any questions about the foregoing, please contact Mr. Dinitz at 301-492-1289.;
Sincerely, i
vWd Qnd by John Stang, Project Manager Division of Reactor Projects - III, IV, V & Special Projects Office of Nuclear Reactor Regulation
Enclosure:
Amendment to Indemnity Agreement cc w/ enclosure:
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October 11, 1989 l
Docket Nos. 50-16/341 Mr. B. Ralph Sylvia Sr. Vice President Nuclear Operations 6400 North Dixie Highway
~ Newport, Michigan 48166 f
Dear Mr. Sylvia:
SUBJECT:
FERMI UNITS 1 & 2 NUCLEAR PLANT - AMENDMENT TO INDEMNITY AGREEMENT
{
Enclosed is an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements,"
effective July 1, 1989.
The amendments to Part 140 reflect the increase from
$160 million to $200 million in the primary layer of nuclear energy liability insurance provided by American Nuclear Insurers end Mutual Atomic Energy Liability Underwriters.
The amendment also conforms to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988," which was enacted on August 20, 1988.
Please signify your acceptance of the amendment to your indemnity agreement in the space provided and return one signed copy to the Document Control Desk.
l ATTN:
Ira Dinitz, Senior Insurance / Indemnity Specialist, U.S. Nuclear Regulatory Commission, Mail Stop 12E-4, Washington, D.C.
20555.
If you have any questions ebout the foregoing, please contact Mr. Dinitz at 301-492-1289.
Sincerely,
/
m l
%d gr/
J61n Stang, Uoject Manager Division of Reactor Projects - III, I
IV, V & Special Projects l
Office of Nuclear Reactor Regulation
Enclosure:
Amendment to Indemnity Agreement l
l cc w/ enclosure:
See next page l
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l Mr. B. Ralph Sylvia Fermi-2 Facility f
Detroit Edison Company l
cc:
Mr. Ronald C. Callen Ms. Lynn Goodman Adv. Planning Review Section Supervisor - Licensing Michigan Public Service Commission Detroit Edison Company l
6545 Mercantile Way Termi Unit 2 P. O. Box 30221 6400 North Dixie Highway Lansing, Michigan 48909 Newport, Michigan 48166 John Flynn, Esq.
Senior Attorney Detroit Edison Company 2000 Second Avenue Detroit, Michigan 48226 Nuclear Facilities and Environmental Monitoring Section Office Division of Radiological Health P. O. Box 30035 Lansing, Michigan 48909 Mr. Thomas Randazzo Director, Regulatory Affairs Detroit Edison Company i
Fermi Unit 2 6400 North Dixie Highway Newport, Michigan 48166 Mr. Walt Rogers U.S. Nuclear Regulatory Commission Resident Inspiector's Office 6450 W. Dixie Highway Newport, Michigan 48166 Monroe County Office of Civil Preparedness 963 South Rais'inville Monroe, Michigan 48161 Regional Administrator, Region III t
U.S. Nuclear Regulatory Commission 799 Roosevelt Rpad Glen Ellyn, Illinois 60137 P
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o, UNITED STATES
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W ASHING TON, D. C. 20b66 i
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Docket Nos. 50-16 50-341 1
Amendment to Indemnity Agreement No. B-20 i
Amendment h O i
i r
Effective July 1,1989, Indemnity Agreement No. B-20, between Detroit Edison i
CompanyIondatedMarchWolverine Power Supply Cooperative, Inc. and the Atomic Energy Coeniss 26, 1962, as amended, is hereby further amended as follows:
j The amount "$160,000,000" is deleted wherever it appears and i
the amount "$200,000,000" is substituted therefor.
The amount "$124,000,000" is deleted wherever it appears and l
the amount "$155,000,000" is substituted therefor.
The amount "$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 nuclear 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 7, Article I is deleted.
l and the following is substituted therefor:
i "Public liability" means any legal liability arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable 4
additional costs incurred by a State or a political subdivision of a State, 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 indemnified 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, I
use or transfer of the radioactive material; (2) claims arising out of an act
'r l
of war; and (3) claims for loss of, or damage to, or loss of use of (a) property l
which is located at the location and used in connection with the licensee's possession,use,ortransferoftheradioactivematerial,and(b)ifthe nuclear incident occurs in the course of transportation of the radioactive material, the transporting vehicle, containers used in such transportation, and the radioactive material.
Paragraph 4(c), Article II is revised to read as follows:
3 (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
~,
2 In paragraph 1, Article VIII, the amount "$5,000,000" is deleted and the amount "$63,000,000" is substituted therefor.
Item 2a of the Attachment to the indemnity agreement is deleted in its entirey f
and tho following substituted therefor:
Item 2 - Amount of financial protection a.
$1,000,000 (From 12:01 a.n, January 25, 1961, to 12 midnig t, July 10, 1963, inclusive
$1,500,000 (Froni 12:01 a.m., July 11, 1963, to i
12 midnig t, December 16, 1965, inclusive
$3,500,000 (From12:01a.m., December 17,1965, to 12 midnight, March 21, 196C inclusivei
$12,100,000 (From 12:01 a.m., March 22, 1966, to 12 midnight, July 5,1966, inclusive)
$18,000,000 (From 12:01 a.m., July 6, 1960, to 12 midnig t, August 6, 1967, inclusive
$22,200,000 (From 12:01 a.m., August 7, 1967, to 12 midnig t, October 8, 1970, inclusive
$29,600,000 (From12:01a.m., October 9,1970,to 12 midnig t, October 15, 1970, inclusive
$44,400,000 (From 12:01 a.m., October 16, 1% C, to 12 midnight, December 31, 1972, inclusive)
$1,000,000 (From 12:01 a.m., January 1,1973 to 12 midnig t, March 19, 1985, inclusive
$160,000,000*
(From 12:01 e.m., March 20, 1985, to 12 midnight, June 30, 1989 inclusive)
$200,000,000*
(From 12:01 a.m., July 1, 1989) l l
- and, as of August 1,1977, the amount available as secondary financial protection.
3 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION c
m-a n ^ A Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted 1989 Accepted
, 1989 By By Detroit Edison Company Wolverine Power Supply Cooperative, Inc.
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NUCLE AR REGULATORY COMMISElON t
W ASHINGT ON, D. C. 20666 i
Docket Nos. 50-16 50-341 Amendment to Indemnity Agreement No. B-20 Amendment No. 28 Effective July 1, 1989, Indemnity Agreement No. B-20, between Detroit Edison Company, Wolverine Power Supply Cooperative, Inc. and the Atomic Energy I
Commission dated March 26, 1962, as amended, is hereby further amended as follows:
The amount "$160,000,000" is deleted wherever it appears and the amount "$200,000,000" is substituted therefor.
The amount "$124,000,000" is deleted wherever it appears and the amount "$155,000,000" is substituted therefor.
The amount "$36,000,000" is deleted wherever it appears and the amount "$45,000,000" is substituted therefor.
Paragraph 1, Article 1 is modified to read as follows:
1.
" Nuclear reactor," " byproduct material," " person," " source material,"
"special nuclear 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 7 Article I is deleted, and the following is substituted therefor:
"Public liability" means any legal liability 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 State.
3 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 indemnified 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 of 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 connection with the licensee's possession, use, or transfer of the radioactive material, and (b) if the nuclear incident occurs in the course of transportation of the radioactive material, the transporting vehicle, containers used in such transportation, and the radioactive material, i
Paragraph 4(c),ArticleIIisrevisedtoreadasfollows:
(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 t
first knew, or reasonably could have known, of his injury or damage and the cause thereof.
j
1 2
In paragraph 1, Article VIII, the amount "$5,000,000" is deleted and the amount "$63,000,000" is substituted therefor.
Item 2a of the Attachment to the indemnity agreement is deleted in its entirey and the following substituted therefor:
Item 2 - Amount of financial protection a.
$1,000,000 (From 12:01 a.m., January 25, 1961, to 12 midnig t, July 10, 1963, inclusive
$1,500,000 (From 12:01 a.m., July 11, 1963, to 12 midnig t, December 16, 1965, inclusive
$3,500,000 (From12:01a.m., December 17, 1965, to 12 midnig t, March 21, 1966, inclusive
$12,100,000 (From 12:01 a.m., March 22, 1966, to 12 midnig t, July 5,1966, inclusive
$18,000,000 (From 12:01 a.m., July 6, 1966, to 12 midnig t, August 6, 1967, inclusive
$22,200,000 (From 12:01 a.m., August 7, 1967, to 12 midnight, October 8, 1970, inclusive)
$29,600,000 (From 12:01 a.m., October 9, 1970, to 12 midnig t, October 15, 1970, inclusive
$44,400,000 (From 12:01 a.m., October 16, 1970, to 12 midnig t, December 31, 1972, inclusive
$1,000,000 (From 12:01 a.m., January 1,1973 to 12 midnight, March 19, 1985, inclusive)
$160,000,000*
(From 12:01 a.m., March 20, 1985, to 12 midnight, June 30, 1989 4
inclusive)
$200,000,000*
(From 12:01 a.m., July 1,1989)
- and, as of August 1,1977, the amount available as secondary financial protection.
3 P
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION "hA 0.
W Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted
, 1989 Accepted
,1989 i
By By Detroit Edison compeny Holverine Power Supply Cooperative, Inc.
h
i o,
UNITED STATES i
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NUCLEAR REGULATORY COMMISSION l
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WASHINGTON, D. C. 20555 a
l Docket Nos. 50-16 50-341 l
Amendment to Indemnity Agreement No. B-20 Amendment No. 28 Effective July 1, 1989, Indemnity Agreement No. B-20, between Detroit Edison Company, Wolverine Power Supply Cooperative, Inc. and the Atomic Energy Connission dated March 26, 1962, as amended, is hereby further amended as follows:
The amount "$160,000,000" is deleted wherever it appears and the amount "$200,000,000" is substituted therefor.
The amount "$124,000,000" is deleted wherever it appears and the amount "$155,000,000" is substituted therefor.
The amount "$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 nuclear material," and " precautionary evacuation" shall have the meanings given tb m in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission.
The definition of "public liability" in paragraph 7 Article I is deleted, and the following is substituted therefor:
"Public liability" means any legal liability arising out of or resulting from i
a nuclear incident or precautionary evacuation (including all reasonable additional costs incurred by a State or a political subdivision of a State, 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 indemnified who are employed (a) at the location or, if the nuclear i
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 of war; and (3) claims for loss of, or damage to, or loss of use of (a) property which is located et the location and used in connection with the licensee's possession, use, or transfer of the radioactive material, and (b) if the ruclear incident occurs in the course of transportation of the radioactive material, the transporting vehicle, containers used 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.
]
. ~
2 In paragraph 1, Article VIII, the amount "$5,000,000" is deleted and the amount "$63.000,000" is substituted therefor.
Item 2a of the Attachment to the indemnity agreement is deleted in its entirey and the following substituted therefor:
Item 2 - Amount of financial protection a.
$1,000,000 (From 12:01 a.m., January 25, 1961, to 12 midnig t, July 10, 1963, inclusive
$1,500,000 (From 12:01 a.m., July 11, 1963, to 12 midnight, December 16, 1965, inclusive)
{
$3,500,000 (From 12:01 a.m., December 17, 1965, to 12 midnig t, March 21, 1966, inclusive
$12,100,000 (From 12:01 a.m., March 22, 1966, to 12 midnig t, July 5,1966, inclusive
$18,000,000 (From 12:01 a.m., July 6,1966, to 12 midnig t, August 6, 1967, inclusive
$22,200,000 (From12:01a.m., August 7,1967,to 12 midnig t, October 8, 1970, inclusive 129,600,000 (From 12:01 a.m., October 9,1970, to 12 midnight, October 15, 1970,
.1 inclusive)
$44,400,000 (From 12:01 a.m., October 16, 1970, to 12 midnight, December 31, 1972, inclusive)
$1,000,000 (From 12:01 a.m., January 1,1973 to 12 midnight, March 19, 1985, inclusive)
$160,000,000*
(From 12:01 a.m., March 20, 1985, to 12 midnight, June 30, 1989 inclusive)
$200,000,000*
(From 12:01 a.m., July 1, 1989)
- and, as of August 1,1977, the amount available as secondary financial protection.
^'
j 1
j 3
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION "5A O. w
^;;TW Cecil 0. Thomas, Chief 4
Policy Development and Technical Support Branch j
Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted
, 1989 Accepted 1989 i
By By Detroit Edison Company Wolverine Power Supply Cooperative, Inc.
)
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.