ML19326C686
| ML19326C686 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 03/09/1977 |
| From: | Rueter D ARKANSAS POWER & LIGHT CO. |
| To: | Dinitz I Office of Nuclear Reactor Regulation |
| References | |
| 037-1, 37-1, NUDOCS 8004250500 | |
| Download: ML19326C686 (10) | |
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DESCRIPTION Ef4CLO3U RC ATTACHED FOR YOUR ACTION / INFO IS A COPY OF INDEMNITY /ENDORSEMEhT AGREEMENT TOR PERIOD (S) i ~' ~~-INDICATED....... g g
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ARK ANS AS POWER S LIGHT COMPANY A Q. 80x SS1 LITTLE ACCK, A Ag ANSAS 72203 e (501) 371 -4000 i
March 9, 1977
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Subject:
Arkansas Nuclear One-Units 1 6 2 Docket No. 50-313 6 50-368 Insurance Policy Endorsement (File: 0220, 1510, 2-0220, 2-1510)
Gentlemen:
Enclosed to keep your files up to date are the following:
1.
Policy NF-210 - Copies of Endorsement Nos. 24 through 28 2.
Policy MF Copy of Endorsement No. 20.
Very tmly yours, l
Donald A. Rueter Manager, Licensing DAR:tw Enclosures
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T Ax A AYING, INVESTO A OWNEO MEMGE A MIDOLE SOUTH UTILITIE SYSTEM
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UCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION O
ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT Calendar Year 1976 It is agreed that l'. ems la. and ib. of Endorsement No. 23 are amended to read:
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ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is:
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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 is said Advance Premium and the Reserve Premium is:
107,267.63 Return Premium =$29,399.16
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Effective Date of January 1, 1976 this Endorsement To form a part of Policy No MF-210 lszued to Arkansas Power and Light Company h:t] of issue July 21. 1976 For the su
- cribing co panies By 4
F General Manager REBSAMEN INSUR;NGE Endorsement No 24 Countersigned by 4
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i NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION O
AfiEllDMErlT OF C0flDITIOfl 2 "IflSPECTI0ft: SUSPEftSI0fi" (Facility Form)
It is agreed that Condition 2 "IflSPECTI0ft; SUSPEflSI0ft" is replaced by the following:
2 IflSPECTI0ft; SUSPEllS'0ft 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 M
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 nay, 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-b mission, suspend the insurance with respect to the named insured at d such other person or organization effective 12:00 midnight of the next ausiness 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 person or organization that such condition has been corrected.
Effe t e Da e o January 1. 1977 n
__To form a part of Policy No flF 210 12.01 A.M. Standard Time tssued to Arkansas Power and Light Company Dat,2fissue December 15, 1976 For the su icnbing co. panies By h._
General Manager Endorsement No 25 countersigned by REESAMEN INSURANCE
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NUCLE ' ENERGY LIADILITY INSURANCE AS. CIATION WAIVER OF DEFErlSES ENDORSEMEllT (Extraordinary fluclear Occurrence)
The named insured, acting for himself and every other insured under the policy, and the members of fluclear Energy Liability Insurance Association 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 the con-struction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the
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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:
g' (i) negligence, (ii) contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening causes, whether involvet the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental irm1 unity, and O
(3) any issue or defense based or. 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 af ter 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 bencfits 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 clairant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under such law.
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. " "> Ha l l be e f f CrJf.i Vo on ly w i th res pec t t6 bodily injury or proi ty damag; to which the policy c lies under its terms
- ' other than this endorsement; provided, however, that with respect to bodily in-jury or property damage resulting from an extraordinary nuclear occurrence, In-suring Agreement IV, " Application of Policy", shall not operate to bar coverage f
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 than 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 ac*ually sustaining the bodily injury or property damage and also includes his assignees, legal represent-atives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
Effective Date of this Endorsernnt.
Ja n u a ry_ l.,_ lj 7 7.... _...
_._ To form a part of Policy No 210 12.o1 A.M. Standard Time issued to
_ Arkansas Power and Licht Cornpany Date of issue December 15, 1976 For the su scribing co panies By REESAMEN IOS d
Endorsement No 26 Countersigned by NE-33a g
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Nr' ear En:rgy Liability Insurance "
NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION p
AMEilDMEilT OF DEFINITI0fl 0F "flVCLEAR ENERGY HAZARD" (Indemnified Nuclear 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 Ailerica, its territories or oossessions, Puerto Rico or the Canal Zone; or q
(b) international waters or airspace, provided that the nuclear material is in the course of trans-portation between two points located within the territorial limits described in (a) above and there are no deviations in the course of the b
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.
Effective Date of this Endorsement.. January 1,1977.
..__ _ To form a part of Poilcy No NF-210 12.01 A.M. Standard Time issued to Arkansas Power and Linht Company Date of issue December 15. 1976 For the su 3Cribing Co panies m
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4 General Manager Endorsement No 27 Countersigned by
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i,... uunice NUCLEAR E?~RGY LIABILITY INSURANCE i "SOCIATION
- 1) ADVAflCE PREF 1IUM Afl0 SfAllDARD PREF 11UM EflDORSEMEf4T lO
- 2) CHAtlGES Ifl SUBSCRIBIllG COMPAflIES AllD Ifl THEIR PR0PORTI0flATE LIABILITY EilDORSEMEilT Calendar Year 1977 la. ADVAtlCE PREMIUM: It is agreed that the Advance Premium due the companies for the period designated above is:
173,600.00
- b. STAfl0ARD PREMIUM Afl0 RESERVE PREMIUti: 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:
129.611.00 2.
It is agreed that with respect to bodily injury or property damage caused, during the effective period of this endorsement, by the nuclear eneroy hazard:
- a. The word " companies" wherever used in the policy means the subscribing companies listed on the reverse side of this endorsement,
- b. The policy shall be binding on such companies only.
- c. Each such company shall be liable nnly for its proportion of any obligation assumed or expense incurred under the policy because.of such bodily injury or property damage f
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, or to the time of the termination or cancellatio'n of the policy, if sooner.
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Effective oate of this Endorsement January 1 J911 To form a part of Policy No flF-210 12:01 A.M. Standard Time fssued to Arkansas Power and Light Company D
nocomhor 31 1o76 For the su scribing Cor panies O
ate of issue By A
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General Manager. '
Endorsement No 28 Countersigned by flE-35 (1/1//7)
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.btaa Casualty and Surety Co.. The.151 Farminqton Ave.. Hartford. Cf 66156 11.5146v 2 S aa insuran:e Company. 55 Elm St.. Hartford CT ^4115 t
2.32 Mira 311 state Insurance Co. 3324 Skokie Olvd., Skokie. IL 61076 4.4A76)20 American Home Assurance Co.,102 Maiden La., t;*w York, fly 1%n5
.6534'45 American flatorists Insurance Co.. Long Grove. IL 69689
.TR71927 Centennial Insurance Co., 45 Well St.. flew York, fly 10005
.1973127 Comercial Union Insurance Company. One Beacnn St.. Ooston, MA 02101 3.7181055 Continental Casualty Co.. Cf1A P1 era. Chicaco. IL 604a5 4 A476321 Continental Insurance Co*oany. The. Aq f talden La.. flew York. Nf 1003n, 6.1 % 8527 Federal Insurance Co. 51 John F. Kennedy Pkwy.. Short Hills. NJ 07013 1.21136A5 Fireegn's Fund Insurance Co. 3333 California St., San Francisco, CA 94116 4.2601204 Gereral Accident Fire and Life Assurance Corp., Ltd.,414 Halnut St. Philadelphia. PA 19105 1.1168291 Grea t American Insu ance Co. 500 Walnut St.. Cincinna ti. CH 45291 r
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~.ulf Insurance Co., 3015 Cedar Sorinv. Dallas. 74 75221
.1549211 Hanover Insurance Co.. The. 440 Lfncoln St.. Worcester ft*, 01 ras 8641432 Hartford Acci ent and ledemnity Co.. Hartford Pla24. Hartford CT 06115 d
?.7451514 Hartford Steam Doller !aspection and Insurance Co.. The. 56 Prosrect St. Hartford. Cf n8102 82032' Hovie Indemnt ty Co. The. 59 l'aiden La 'lew York. NY 100M 2.71111R7 Insurance Cort *any of isorth Arierica.1600 Arch St.. Philadelphia, PA 191'
- 6. 97184M ltoryland Casual ty Co.. P.O. 801 1223, Baltimore. r10 21213 1.5402107 11erarch Insurance Co. of Chin. The. 1? Pector St., New York. 'tY 16604
.2711119 Northwestern flational Insurance Co. 731 Nort% Jackson St.. Milwaukee HI 517n2
.542?237 Pactf tc Indemnity Co., 3200 tJilshire Boulevard. Los Anaeles. CA no6U
.1MPM1 Peerless insurance Co., 62 Itante Ave., reene. New Hamshtra 63A .qq$q}(f Phoent Assurance Compeey of flew York.10 liaiden La.. 'le., fork. Nf 19934 4641612 Providence Washinoton Insurance Co. 20 Washington Place. Providence. RI n7003 0064257 Puritan Insurance Company,1515 Sumer St.. Stamford. CT ^^'*5 .2121"16 Reliance InsJrance Corpany. 4 Penn Center Plata. Philade19hta. PA 111S1 1.21oMA5 Royal Globe Insurance Co. 150 William St.. flew York, flf 10038 1.47117A7 St. Paul Fire and tiarinelnsurance Co., 315 Washin1 ton St. St. Paul, !Pi 55102 '. R"2191 Seaboard Surety Co. 90 Wil11aq 5t.. flaw York. !JY 1731 .399421 Security Insurance Corgany of Nortford. IYO Asylun Ave.. Hartford, CT 061nt 1.6457172 5 tate Farm Fire and Casualty Company.112 East Washirgten St.. Bloomington. IL 61711 .77A4641 fransamerica Insurance Co.,1151 So. Olive St., Los Angeles. CA STis 51n64s3 Travelers Indemnity Company. The. One Tower Souare. Hartford. CT nA114 IG.1893n5R United States Fidellty and Guaranty Co.. P.O. 801 1130 Baltimore. MD 21293 8.8305M4 United States Fire Insurance Co.. ttadison Ave. at Canfield Rd., Morristown. N.! 17050 2.na35Y3 Zurich Insurance Co.,111 West Jackson Blvd., Chicago. !L 60Cn4 .7746053 NC 77 a ~~
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---._L-- Z -- - (%, ^ NUCLEAR ENERGY LIABILITY INSURANCE f -^ _ w-. MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ADVANCE PREMIUM ENDORSEMENT and STANDARD PREMIUM ENDORSEMENT Calendar Year 1977 1. ADVANCE PREMIUM It is agreed that the Advance Premium due the companies for the calendar year designated above is $ 50.400.')0 2 STANDARD PREMIUM AND RESERVE PREMIUM In the absence of a change in the Advance Premium indicated above, it is y agreed that, subject to the provisions of the Industry Credit Rating Plan, i the Standard Premium and Reserve Premium are: Standard Premium 50,400.00 Reserve Premium 37,629.00 Effsetive Date of To form a part this Endorsement January 1, 1977 of Policy No. _ tF-74 Icsued to Arkansas Power & L125t Company Date of Issue December 7, 1976
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,.,[. ,..d / pyr::.t..,... t.c r..i ' ~ - End:rsement No. 20 countersigned by AUTHORIZED REPRESENTATIVE iiEDS.Ti.:2N INCUMNC 4YAH -u In J By / ..--}}