ML19326C692
| ML19326C692 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 03/26/1977 |
| From: | Rueter D ARKANSAS POWER & LIGHT CO. |
| To: | Dinitz I Office of Nuclear Reactor Regulation |
| References | |
| 047-1, 47-1, NUDOCS 8004250505 | |
| Download: ML19326C692 (9) | |
Text
9 " ~~
u.c. rev;t. An ne.outAT os v co**.ussionIIn.
l
,. I ',"1" '~~ ' 's r.; j ce
_8_8___ _,3/.3 6%
j t-f LL PU?.i o rJHC D!STil!B'JT:OH eor: PAF.T 50 CCCiGT T.iATERI AL y' ' '
r HQM; DATC 08 D'? UL* N t Arkarsas Power & Light Company 3/26/77 Ira Dinitz Little Rock, Arkansas i
os te neccivr.n I
5/3/77 Donald A. Rueter i y.t,,,. n Uaoroniz o
.op If;PtJT F OTM J UTA CC H O F CO"'C '.i f t. C'l J i- 0 I
Xo.d GIN AL Mu rsC L ASSs e:i E G l
- on<
/ J/C.4)C#
^~
Oc: ce m>N E N G LO'.,1i R E q.F.,
f l
cJi.F bli w(,.cfl.i **u 7.
/. r., '.. L" 3
'C'
'/..r. ACTN:/1:;rOI:J. Tim: 10 C..
a.. L. /,.,..., h,.
....w~..
z...>~.
a........
p i
i 4,.
'ob $ i i
i (1-P)+(7-P)
THIS DOCUMENT' CONTAINS POOR QUAUTY PAGES c:,.,
y ;; f ra Arkansas Units 1 & 2 RJL FGH KT;V.:.i:
- G%_.'
m
.e
..i.-.._......
d' s
i L..i 1-
..i i
un en._N_.u ots rp.!Luric/:
_h 5
j j i ~~
i p.
[ -.
f
_4 L...._._
7 I
I I
I
=
j --
(
_y q-
-9_.
.7.. _ _ _
. 7...._. _. _
LX I L HtJ/U. E IS I N 'i.U._rie_'.;.,
Ov nr.7L;;.. d -
- = *
- N4'.*-s
.6.
eh D M6e
.4>
e--
.e.e.-se og p g.&
.ee.-.
.6
.e.my p.g e og.e
..m.
w.
gi.
a hw 4.
b.
w.-%..e
, me m e _ gygg, i i es.i eg.
_a
+
- - - - - - - - - ~ ~
r,.:.,,.,m.....,c.
L
n eupin o aurto Anxsusas Remalatory-Q'!iL yy.
A AK ANS AS POWER & LIGHT COMPANY
~
~ -
A 0 box 551 LITTLE AOCK. A AK ANS AS 722C3 (SO1137 * -4000 March 26,1977 047-1 Ira Dinitz, Indemnity Specialist Antitrust and Indemnity Group U. S. Nuclear Regulatory Commission Washington, D. C.
20555
Subject:
Arkansas Nuclear One-Units 16 2 Docket No. 50-313 5 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 No. 29.
2.
Policy MF Copy of Endorsement Nos. 21, 22, 23, and 24.
Ve ly yours,
)
4
- r. -7m Donald A. Rueter f#
Manager, Licens 'ng a
DAR:DGM:tw Enclosures 1
1 1,
T A x P Ave NG. INV ES TO A CW N E D M
MEMBER MtOOLE SOUTH UT LITIE S SY STEM
Nucit. i En::rgy Liability Insuranen
'S NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION b
At1ENDMENT OF C0flDITION 4 AND AMENDMENT IN 1977 SUBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITY ENDORSEMENT It is agreed that:
1.
with respect to bodily injury or property damage caused after the effective date of this endorsement by the nuclear energy hazard, the figure $96,875,000 stated in Condition 4 of the policy is amended to read $108,500,000.
2.
the listing of subscribing companies and their proportionate liability for calendar year 1977 shown on the reverse side of the Advance Premium and Standard Premium Endorsement for Calendar Year 1977 is replaced by the listing on the reverse side of this endorsement.
(over)
P i
l
,y' $ or January 1, 1977 s
rnent To form a part of Policy No NF-210 12:o1 A.M. Standard Time issued to Arkansas Power and Light Company Dat] of 1ssue January 31. 1977 For the su scribing co panies A
l By I
l General Manager Endorsement No 29 CEDS,'9i2M INEUPANCE Countersigned by
/!/
/
NE-43D(1/1/77) ty_(M hM2'2AtAf -
s'
n
.. ~.
.. -. ~.. - -
.i.
~
~
- l. '
. - *W W
O
(
SUBSCRIBING COMPANIES PROPORTIONOF1005 Aetna Casualty and Surety Co.. The, 151 Farmington Ave.. Hartford CT 06156 11.4807836 Aetna Insurance Company. 55 Elm St.. Hartford, CT 06115 2.3753345 Allstate Insurance Co. 8324 Skokie Blvd., Skokie. IL 60076 4.7506691 American Home Assurance Co. 102 Maiden La.. New York, NY 10005
.6730115 American Motorists Insurance Co., Long Grove. IL 60049
.3958891 Centennial Insurance Co. 45 Wall St.. New York, NY 10005
.3958891 Commercial Union Insurance Co.. One Beacon St.. Boston, MA 02108 3.4838240 Continental Casualty Co.. CNA Plaza. Chicago, IL 60685 4.4339578 Continental Insurance Co. The. 80 Maiden La.. New York. NY 10038 6.3342254 Federal Insurance Co. 51 John F. Kennedy Pkwy.. Short Hills, rk) 07078 1.2668451 Fireman's Fund Insurance Co. 3333 California St., San Francisco. CA 94119 4.3547800 General Accident Fire and Life Assurance Corp. Ltd. 414 Walnut St.. Philadelphia. PA 19105 1.3460229 Great American I.surance Co. 580 Walnut St.. Cincinnati. OH 45201 1.3301873 Gulf Insurance C9.
3015 Cedar Springs. Dallas. TX 75221
.1583556 Hanover Insurance Co.. The. 440 Lincoln St.. Worcester MA 01605 4750669 Hartford Accident and Indemnity Co. Hartford Plaza. Hartford, CT 06115 7.9177818 Hartford Steam Boiler Insp. & Ins. Co.. The. 56 Prospect St.. Hartford CT 06102 4354780 Home Indemnity Co.. The. 59 Maiden La., New York. NY 10038 2.7712236 Insurance Co. of North America,1600 Arch Street. Philadelphia. PA 19101 6.3342250 Maryland Casualty Co.. P.O. 80X 1228. Bal%re. MD 21203 1.5835564 Monarch Insurance Co. of Ohio. The.19 Rector St., New York. NY 10006
.2771224 Northwestern National Ins. Co., 731 No. Jackson St.. Milwaukee. WI 53202
.5542447 Pacific Indemnity Cc. 3200 Wilshire Blvd.. Los Angeles. CA 90C34
.3167113
, Peerless Insurance Co. 62 Maple Ave.. Keene. NH 03431
.0989723 i
Phoenix Assurance Co. of New York 80 Maiden La.. New York. NY 10038 4750669 Protective Insurance Co. 3100 No. Meridian St., Indianapolis. IN 46208
.1583556 Providence Washington Insurance Co., 20 Washington Place. Providence. RI 02903
.0989723-
. Puritan Insurance Company 1515 Suriner St.. Stamford. CT 06905
.2375335 Reliance Insurance Company. 4 Penn Center Plaza. Philadc1phia PA 19103 1.2668451 Royal Globe Insurance Company.150 William Street. New York, New York 10038 3.5630018 St Paul Fire & Marine Ins. Co., 385 Washington St.. St. Paul, MN 55102 3.9335540 Seaboard Surety Co. 90 William St., New York. NY 10038
.3167113 Security Insurance Company of Hartford.1000 Asylum Ave.. Hartford. CT 06101 1.0689005 State Farm Fire & Casualty Company.-112 East Washington St.. Bloomington, IL 61701
.7917782 Transamerica Insurance Co.,115C So. Olive St., Los Angeles CA 90015 6334225 Travelers Indemnity Company. The. One Tower Square. Hartford. CT 06115 11.2432501 United States Fidelity and r,uaranty Co.. P.O. 60X 1138. Baltimore. NO 21203 9.0262712 United States Fire Insurance Co.. Madison Ave. at Canfield Rd., Morristown. NJ 07960 2.8504014 Zurich Insurance Co.,111 West Jackson Blvd.. Chicago, IL 60604
.7917782
-NE-77a 1
4 1
.O ij j
k.
'l
.m
-.= = = =. -
k m
~
NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDMENT OF CONDITION 2 " INSPECTION; SUSPENSION" (FACILITY FORM)
It is agreed that Condition 2 " INSPECTION; SUSPENSION" is replaced by the following:
- 2. INSPECTION; SUSPENSION. The companies shall at any time be permitted but not obligated to inspect the facility and all operations relating thereto and to i
examine the insured's books and records as far as they relate to the subject matter of this insurance. Neither the right to make inspections and examinations nor the making thereof nor any advice or report resulting therefrom shall consti-tute an undertaking, on behalf of or for the benefit of the insured 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 believec to be unduly dangerous with respect to the nuclear energy hazard, a representative of the companies may request that such condition be corrected without 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 Nuclear Regulatory Commission, 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 Comnission 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.
Effective Date of To form a part this Endorsement January 1.
1977 af Policy No.
W-E Inued to Arkansas Power & Light Date of Issu, January 31, 1977
- ,----.v n,,.....
.J L.
For the icbscribing Companies MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
- a. M.'
l I
i By a
21 Endorsement No.
Countersigned by Auruoanso Ranusunma REBSAMEN INSU NC
-::~
j i
A'tb h'
By
,m NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 4
AMENDMENT OF DEFINITION OF " NUCLEAR 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 Nuclear 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 America, its i
territories or possessions, Puerto Rico or the Canal Zone; or (b) internarional waters or airspace provided that the nuclear material is in the course of transportation 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 deviation in i
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 To form a part this Endorsement January 1. 1977 af Policy No_
W-7 6 Arkansas Power & Light January 31, 1977 Date of Im S ' i: ^
"P I::AT THIS IS A por the Subscribing Companies
.-1
. ; -.g o
-y ?. a" MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
...y..
.m
,i.T:'f, r i/
3.';:.b v
,i
't
'i
/
22, e nra Endorsement No.
Countersigned by Avruomuso Rarassswums.
REET".!EN liGU7AT! E
-:~
By 4 th h._
NUCLEAR ENERGY LIABILITY INSURANCE r.
t MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
~
WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence) 1 The named insured, acting for himself and every other insured under the policy, and the members of the Mutual Atomic Energy Liability Underwriters 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 construction, 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, 1
the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of of the insureds, including but not limited to:
(1) negligence, (ii) contributory negligence, (iii) assumption or 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 after 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 w' o 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 required to be provided under any workers' 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 net to exceed the narinum amount etherwise recoverable under such law.
p m
. 2-o
- 3. -The waivers set
?
forth in paragraph 1. above shall be effective only*with respect to bodily injury or property damage to which the policy applies under its terms other than this endorsement; provided, however that with respect to bodily injury or property damage resulting from an extraordinary nuclear occurrence, Insuring 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 clain j
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 protection required of the named insured; (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and i
(c) the limit of liability provisions of Subsection 170 e. of the Atomic Energy Act of 1954 as amended.
Such waivers shall not preclude a defense based upon the failure of the claimant 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 Consnission has determined to be an extreordinary nuclear occurrenc as defined in the Atomic Energy Act of 1954, as amended.
" financial protection" and " nuclear incident" have 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 include his assignees, legal represen-tatives and other persons or organizations entitled to bring an action for damages j
on secount of such injury or damage.
EHective Date of To form a part this Endorsement January 1, 1977 af Po! Icy No_
MF-74 Arkansas Power and Light January 31, 1977 Date of Iw_-
..-,3-~;*
g, For the Subscribing Companies
/g MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
.~
.By-i
- 23.,
' Endorsement No.
Countersigned by Arrucesse Rsraassmums RES "C ;ggumrE e~
By
! 2l
'A
.mhw.-,m,.4 m
,m,
;_-..z-----
l s -: '.-
.p
~
x%
AMENDMENT OF CONDITION 4 ENDORSEMENT
~4 1
It is agreed that with respect to bodily injury or property damage caused aL.c the effective date of this endorsement by the nuclear energy hazard the figure $28,125,000 stated in condition 4 of the policy is amended to read $31,500,000.
O w
Effective Date of To form, part this Endorsement January 1. 1977 af Policy No-W 7 />
Arkansas Power and Light Company Issued to March 3, 1977 i
For the Subscribing Companies LIA hTY UNDERWRITERS MUT L TOM ER ACNCO N A b WluL & /
B j
w
.uW 24
.:k. A
.'2 - ;
Endorsement No.
Countersianed by AuTuoatzso RarassSNTAME REBSAMEN INSURA C o
NE 43E (1/1/77)
& ),,)
c_b > la 1
~
g
_