ML19329B963

Forwards Endorsements 12-16 to Nelia Policy NF-236

ML19329B963
Person / Time
Site:	Davis Besse
Issue date:	02/16/1977
From:	Ertle R TOLEDO EDISON CO.
To:	Saltzman J Office of Nuclear Reactor Regulation
References
NUDOCS 8002110746
Download: ML19329B963 (8)

Text

_

inc e <e'u 105

. Q g 3yyy u.s. NuctCrn ntcutaTony corruisciore nocgr tavuut n w ra a L'

N f<~

rett NUMUER fJRC DISTRIGUTION ron PART 50 DOCKET MATERIAL l

fH09tdfg,,bQ E,b\\SQ fgr o To:

OAT v

SM MAA 3 ItSt'R.E kY

^M!'[9"- T1 T

hCTTcn O t.o TO n iz C o enoP llePUTFOHM NUMUER OF COPIES HCCCivED

.Y on iG;N A L V.rdC L A00l F I C O

/g' g j CCOPY w

geJ DETC HIP it GN LE NCLO:iu n t ATTACUED FOR YOUR ACTIO"/ INFO IS A COPY Or i

INDCC1!TY/C?uGRSE'4ENT AGRED!ENT FOR PERIOD (S)

• -INDICATED....... g,g h g g g g m ( n y $

9 b) kD g

g g

--_n.--

- - -. ~.

l.

i 4 blD0NOT REuoyu g-g a %:'?

n FOR ACY!CN e i'.F o r. 4.10i1

- 1% j J e,, -...,

i me r~n IMfS_C)

~{FM. JOCLN l

J_IC 1

t_tnuc I

INTE CNAL LIST.'l!CUTIC N I

t I i i

i i

}

l

-i i

a I_

I i

__b

..q

. l

- - _ - -. l u

L XTi.liN AL dis fillutfii0N CON il10L Nt ':.lLti 0

w O

i..._. 1_ __.

_ Z ~ -

' ~~

&DDEJjri-7,4,o/

(l___.....

$w. -

,m...... u,,.,,, x.,

a

TOLEDO

%mm EDISON February 16, 1977 OU DDS!(ETFli.icopy {\\{fYUyy i

.2 FEB 131977 > ~

' J.t, u.s.Nucun t C #

ccmaissc*

V',f

,\\ -

1. I Mr. Jerome Saltzman Deputy Chief Office of Anti-Trust and Indemnity Nuclear Reactor Regulation - NRC Washington, D.C.

20555 Mr. Saltzman, Enclosed are eight (8) certified copies each, of Endorsements 12-16 of Policy No. NF-236, covering the Davis-Besse #1 nuclear power plant.

-[

Robert F. Ertle Assistant Treasurer (419) 259-5080 RFE: cp Enclosures bs ($D n

1

'"E TOLECC EOSCN CCM ANY ECISCN ;LACA 3CC MADECN a sE'.'.E

'CLECC. CHO 40552

Nu Jar Energy LI:bility insuran o NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT Calendar Year 1976 It is agreed that Items la. and 1b. of Endorsement No. 10 are amended to read:

la.

ADVANCE PREMIUM:

It is agreed that the Advance Premium due the companies for the pericd designated above is:

689.00 lb.

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: $

461.63 Additional Premium = $599.00

1: i: ':,-.

Ericrst:

2 0t h 2 ti: ; *.h; 3 2 ;; 3 9,3,; [-..~ '-,,. _ a7(,3g1;.;7[: [

..g_,__

12;r In?rrf 11a:U.- :7 ?:11 s

th3 {u:

3.

E r;;. Ja :::;ra.n i; cff:re3d ;;.;.

I s

'N C2riss 3. 23rd33,. Lista33r-Liability Urdarri+,ing

" ' a* '"4'r3z Liability-?.rc;arti Insure.:0 3 '.s : : c..

Effective Date of this Endorsement January 1, 1976 To form a part of Policy No NF-236 12:01 A.M. Standard Time Issued to The Toledo Edison Company September 21, 1976 For the su scribing cc panies Cate of issue By lA

/F' General Manager 12 Endorsement No Countersigned by NF.1A

/

Nucirr En:rgy Liability Insuranc'a NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION 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 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 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 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 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 Com-mission, 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 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.

nic is te c:rtify tMt t' '3 i: 0 truc 00'7 Cf th3 0?biM

'. - im - )

- ~ 71 # ~ ! ** Prt

~ ~ ~ ' ' ' '

r-2:r;32; :.:

1

70 c! 13 cas-g L &: w. - -. - - a ' > --- :-- )

Ch2r122 2. krlor, :' mn:-r-;i:fai.;:7 ;': - :rrriting Nuclear Enerr/ Lic.;ility-2ro;er;y In;ur nce Assoc.

Effective Date of January I,1977 To form a part of Policy No NF 236 this Endorsement 2:01 A.M. Standard Time issued to The Toledo Edison Company Date of issue December 15, 1976 For the s scribing co panies By

/

/

General Manager Endorsement No 13 Countersigned by NE-46 (1/1/77)

s Nu: lear Energy Liability insuranca NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (ExtraordinaryNuclearOccurrence)

The named insured, acting for himself and every other insured under the policy, and the members of Nuclear 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 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:

(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening causes, whether involved the conduct of a third person, er an act of God, (2) any issue or defense as to charitable or governmental imunity, 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 who 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 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 claimant 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.

NE-33a (over) wn

'3. The waivers set forth i Naragrapn i. above shall b2 effrive only with respect to bodily injury or property damage to which the policy a,,glies 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 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 actually 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 1711 damages on account of such iniurl g damag,e,,,g s3is - a t n C7 cf th3 02i 7 -n ':eing made pa,-

This a -

i 0.___....

of th:,'.,,.., - n E.a1,. -l,.".~f,.T_

T h.c.

Endorr m hriM i_ay Fors) as des" g3g e d he w c a..;,. o *-.,.,-- -3, m rd;d heraunder.

NF-236 eanuary I, 1977 To form a part of Policy No t is dor ment 12:01 A.M. Standard Time issued to The Toledo Edison Company

7. /..'

.- M.

- r - ; i : : r

"-O

' m-CbMN Co NES Date of issue December 15. 1976 9

By

/F General Manager I4 Countersigned by Endorsement No NE-33a (1/1/77)

Nuut^r En:rgy Liability Insuranca NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION 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 hierica, its territories or possessions, Puerto Rico or the Canal Zone; or (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 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 amende,d.,,,[ 7 - 3

,,,,_,. m cc77cf $33 criginar This 13 to certit' 22 '7

_ 7 _ ;.,33 ::ir; - :d: y rt 7,ndors:r.02. C71 5 dl,,[,,','f l'X'.,,,=.. t,7;;;;;;7 Fern) 2.3 des-cf the 2 1^32 EUCD,~f,1^;',' $ ]$~2dcd : ars:.;;dC-ignat a d' h e re C 3 'IG ---' ~ ~"

~ * ~ ~"- :'

S.ario: 9. :.rds. " r --

Ettective Date of

-~

' ' ' ' ~ ~

this Encorsement dam ary 1.,_L977 To form a part of Policy No NF-236 12:01 A.M. Standard Time issued to Toledo Edison Company For the su scribing co panies Date of issue December 15. 1976 By

]

General Manager 15 Endorsement No countersigned by NE-44 (1/1/77)

N lear En::rgy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION

1) ADVAf1CE PREMIUM AND STAtlDARD PREMIUM EflDORSEMENT

2) CHAtlGES Ill SUBSCRIBING COMPAtlIES AflD Ifl THEIR PROPORTIONATE LIABILITY END0RSEMEtiT Calendar Year.1977 la. ADVANCE PREMIUM: It is agreed that the Advance Premium due the companies for the period designated above is:

2,000.00

b. STANDARD PREMIUM AND RESERVE' PREMIUM: 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:

1,340.00 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 only for its proportion of any obligation assumed or expense incurred under the policy because of such bodily injury or property damage as designated on the reverse side of this endorsement.

3.

It is agreed that the effective period of this endorsement is from the

'ceginning 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 cancellation of the policy, if sooner.

(0ver)

Thi: is ':: rti'; ".Sthi; i.' :3 *,7 Of ^he ori;inal E:.:=::.. za: W ' s = i.- -. = :. : '..

7.~ :.:. :.:2i.; ::.co part c: 2 2 :.. ::~ ;s. "' '.=:; :.

1- ~' D : - :: 7:.3: 2 :7:::2) as dea.

1;:. ui 20:::. "'

- -, i: :.::.; : rl a::Y:.lar.

~ - - - ~

\\

l

'Q N

b

.v N,,

ChW.::. -hrini. : 220 2. : '. L~ 7 C:: :T:L%L s

?

%cles: Tcar;y ' ic.ci'_ity-?::: arty Ins =r.:s 1:300.

Effective Date of this Endorsement January 1.1977 To form a part of Policy No NF-236 12:01 A.M. Standard Time issued to The Toledo Edison Company For the su scribing co panies Date of issue noremhar 31 lo7g 0

By A

Y' General Manager Endorsement No 16 Countersigned by NE-35 (1/1/77)

.