ML19327B963

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Forwards Executed Amend 10 to Indemnity Agreement B-51, Modifying Paragraph 1,Article I & Paragraph 4(c),Article II & Substituting Definition of Public Liability in Paragraph 7,Article I for Stated Definition
ML19327B963
Person / Time
Site: Maine Yankee
Issue date: 10/25/1989
From: Whittier G
Maine Yankee
To: Dinitz I
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
GDW-89-335, MN-89-125, NUDOCS 8911140272
Download: ML19327B963 (7)


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October 25, 1989 J

HN-89-125 GDW-89-335

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a' UNITED STATES = NUCLEAR REGULATORY' COMMISSION l.

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Attention's.'IraJDinitz,[SeniorInsurance/

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' Indemnity Specialist'

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'Referencesi '(a) License No.;DPR-36 (Docket No. 50-309) a'

.(b).USNRC Letter to'Haine Yankee dated August 9, 1971 m 11: q...

(c) - USNRC Letter to Haine Yankee dated September 27, 1989 a

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" Subjects' Amendment No.'10 to Indemnity Agreement No..B-51 m

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.-In' response to USNRC letter to Haine Yankee dated September 27,'1989,'

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,j Haine Yankee accepts' Amendment No.10 to our Indemnity Agreement No. B-51

, ' ' a, dated August 9,1971. '

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,, Enclosed you will= find a completed Indemnity Agreement form providing you 3 i 4

with signature' acceptance from Haine Yankee.

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$)k Very truly yours, m

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HAINE YANKEE

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l G. D. Whittier, Hanager i

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Nuclear Engineering and Licensing s

A GDW:SJJ 7F Enclosuresi- '(A)' Amendment'No. 10 to Indemnity

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.ce Mr. Richard H.' Wessman L',

Mr.. William i Russell t

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.Mr. Eric J. Leeds.

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UNITED STATES a

8 NUCLEAR REGULATORY COMMISSION g-WASHINGTON, D. C, 20556 VK 7.

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DockeiNo. 50-309 L Amendment to Indemnity Aoreement No. B-51

. Amendment No. 10 l

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a u-g 1"4 iEffective July 1, 1989, Indemnity' Agreement No. B-51 between Maine Yankee i

' Atomic' Power Company and the Atomic Energy Comission, dated August 9,1971, v/

s as emended, is hereby further amended as follows:

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'The' amount "$160,000,000" is deleted wherever it appears and

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.the amount "$200,000,000" is substituted therefor.

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. The amount "$124,000,000" is deleted wherever it appears and c

.the. amount "$155,000,000" is cubstituted therefor.

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'4 h'Y The"arount "$36,000,000" is deleted wherever it appears and

(;theamount"$45,000,000" is substituted therefor.

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'. Paragraph 1,' Article I is niodified to read as follown o

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" Nuclear reactor," ",yproduct material," " person," " source material,"

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'"special nuclea matariel," and " precautionary evacuation" shall have' i

thv.9eanings given t*.em In the. Atomic Energy Act of-1954, as amended, N

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and the. regulations issued by the Commission..

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.The~ definition of "pubite liability" in paragraph 7, Article I is deleted, c-and the'following is substituted therefor.

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. Public liability" means;any legal liability arising out of or resulting ' n j

P' a nuclearlncident or precautionary evacuation (including all reasonable y

}, ; additional ests incurred by a State or a policical subdivision.of a Statt,

C, in$the course or' responding to.a nuclear incident or. precautionary evacuat ion),

except'(1) claims under State or Feder
1 Workmen's Comp.snsation Acts of er,:ployees 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

.w the transporting; vehicle, and-(b) in connection with the licensee's po= session,.

M use or transfer of'the radioactive material; (2) claims' arising out of an act j

'of. wart and (3) claims for loss 'of, or damage to, or loss of use of (a) property b

,which is" located at the location.and used in connection with the licensee's

'po:: session, use, or transfer of the radi v-tive material, and (b) if the X nuclear incident occurs in the course of transportation of the radioactive i

.: material, the' transporting vehicle, containers used in tuch transportation,

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.and the' radioactive mat; rial.

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' Paragraph 4(c), Article II is revised to read as follows:

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.(c) Any issue or-dehnse based on ary statute of limitations if suit 1.

. instituted within three years from the. date on which the claimant k

first knew', or reasonably could have known, of his injury or damage j

a and'the cause thereof.

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1 y ^1 m In paragraph 1, Article VIII, the amount "$5,000,000" is deleted and the

amount "$63,000,000" is subetituted therefor.

Item-2a of the Attachment to the indemnity agreement is deleted in its entirey L

and the following substituted therefor:

- u Item 2 - Amount of fincncial protection a.

$1,000,000 (From12:01a.m., August 9,1971,to 12 midnig t, September 14, 1972, inclusive

$95,000,000 (From 12:01 a.m, September 15, 1972, to 12 midnig t, February 28, 1974, inclusive

$110,000,000 (From12:01a.m., March 1,1974,to 12 midnight, March 20, 1975, inclusive)

$125,000,000 (From12:01a.m., March 21, 1975, to 12 midnight, April 30, 1977 inclusive)

$140,000,000 (From 12:01 a.m, May 1, 1977, to 12 midnig t, April 30, 1979 inclusive

$160,000,000*

(From 12:01 a.m., May 1, 1979, to 12 midnig t, June 30, 1989 inclusive

$200,000,000*

(From 12:01 a.m., July 1, 1989)

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION l

kh Cecil 0. Thomas, Chief y

Policy Development and Technical Support Branch

Program Management, Policy Development and Analysis Staff
0ffice of Nuclear Reactor Regulation j
  • and,, as of Aligust 1,1977, the amount available as secondcry financial protection.

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' Amendment to Indemnity Agreement No. B '

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Amt.ndment No. 10

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Effective July 1.1989,' Indemnity Agreement No. B-51,~ between Maine Yankee

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Atomic Power Company and the, Atomic Enery Consnicsion, dated August 9,1971, as amended, 'is hereby further amended as fol'ows:

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The amount '$160,000,000" is deleted.wherever it appears and-g the' airount "$200,000,000" is substituted therefor. '

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'The emount "$124,000,000":is deleted wherever it ap (the amount:"$155,000,000". is substituted therefor., nears and w

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T',e. amount- "$36,000,000" is-deleted wherever it a

'the amount J$45,000,000"-is substituted therefor.p' pears and V:,.

Paragraph l1. Arti:le I 1's modified to read as follows:

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.-" Nuclear reactor,"." byproduct material," " person," " source material,"

."special nuclear materials" anu " precautionary evacuation" shall have the meanings given them'in the' Atomic Energy Act of 1954, as amended, l

end the regulations; issued by the Commission,

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The definitior ofL"public liability" in paragraph 7, Article I is deleted, R

and'the to110 wing;is substituted therefor:

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"Public L11ab111ty" means any' legal liability t. rising out of or resulting fror o nuclear incident or precautionary eva'cuation (including all reasonable.

J Cadditional' costs. incurred by _a State or a politi el. subdivision of a State,

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in the course or responding tc a; nuclear incident.or' precautionary evacuation),

except (1) claims under State or Federa' Workmen's Compensation Acts of'eirployees 1

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ofpersons;indemnifiedwhoareemployed(a)atthelocationor,ifthenuclear

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Incident occurs in the course;of transportation of the radioactive material,'on

. the transpcrting vehicle, and (b). in coni.ection with the licensee's possession,

,P, use or transfer of the radioactive material; (2) claims arising out of an act of sar; and!(3) claims for loss of, or damege to, or loss of use of'(a) property which is~ located at the location and used in connection with the licensee's p_,3.,4J' possession, use; or transfer of the radioactive material, and (b) if the d

nuc1 car > incident occurs in the course of transportation of the radioactive

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material, the transpon.ir.g veh1cle, containers used in such transportation, and the. radioactive 'naterial.

Paragraph 4(c), Article II is revised to read as follows:

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(c); Any issue or defense based on any statute of limitations if suit is t,

. instituted within.three years from the date on which the claimant

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.and the ccuse'thereof.

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.Inparag$63,000,000"raph 1, Article VIII, the amount "$5,000,000" is deleted and the amount is suhtituted therefor.

1 Item 2a of the Attachment to the indemnity agreement is deleted :n its ehtirey

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Item 2 - Amount of financial protection a.-

$1,000,000 (From12:01a.m., August 9,1971,to 12 midnig t, September 14, 1972, inclusive

$95,000,000 (From 12:01 a.m, September 15, 1972, to 12 midnig t, February 28, IS74, inclusive

$110,000,000 (From 12:01 a.m., March 1,1974, to 1

12 midnig t, March 20, 1975, inclusive 4

$125,000,000 (From12:01a.m., March 21, 1975, to 12 midnig t, April 30,.1977 inclusive

$140,000,000 (From 12:01 c.m., May 1, 1977, to 12 midnig t, April 30,.1979 inclusive

$160,000,000*

(From 12:01 a.m., May 1, 1979, to 12 midnight, Jrne 30, 1989 1nclusive)

$?00,000,000*

(From 12:01 a.ni., July 1,1989)

FOR.THE UNITED STATES NUCLEAR REGULATORY COMMISSION b Ihh.

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Cecil 0. Thomas, Chief Policy Development and Technical Support Branch

-Program Managemenc, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation

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