ML19329B981

From kanterella
Jump to navigation Jump to search
Forwards Endorsements 1-14 to Maelu Policy MF-92
ML19329B981
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 06/13/1977
From: Duck J
MARSH & MCLENNAN, INC.
To: Saltzman J
Office of Nuclear Reactor Regulation
References
NUDOCS 8002110764
Download: ML19329B981 (21)


Text

. Nf tC o i [95 -

u.s. NUCLC AR HLGUL ATORY COM"t0SION DOCK F T NUM P'* R gj-3 Q h mm e NRC DISTRIGUTLON FOR PART 50 DCCKET MATERIAL FROM: NUCLEAR INSURANCE CONSULTANTS ATE CF DOCUMEN1' To: J SALTZMAN NEW YORK, N.Y. 6/13/77 J.R. DUCK,JR. DATC RECElVED 6/15/77 ETTEa ONOToRizEo prep it.PUT FORM NUMEER OF CO*iES REChvEC i GIN AL 4C LASSn F IE D DESCRIPTION E N CLOSU RE LTR. TRANS THE FOLLOWING . . . . . . . . CERTIFIED CYS. OF ENDORSEMENTS # 1 THROUGH 14 AND DECLARATIONS FOR THE NEWLY ISSUED MAELU FACILITY POLICY MF-92......

i

. (IP) (20 P) j i

.,A.C 1m

. 0_WLEDGED .

t DAVIS BESSE SAB i

FCR ACT!CNilNFOR?.MTION i .4,...

gg, . 7,,7 7s-I i i f l l i i l l l l IN T F_ R:':AL DISTRieUT+0;l DES _. 'l _ I I i l li N . 0; i i i TIC I  !

l { I! SIC l i I

l i  ! l I l l

[__ l I __.

i i L

! i  !  !

i i i l  !

E _. I ii i i l

i , i 6 I t  ! _ _ _ _ _ l L I exruru.st oisinemo ;

I cot, mot w .ca l

L I

1 a

U

.L -

c _ _ . _ t _ __.,. _ . -. ~ . _ .

~ ."

8002110)dI 7

~ , . z.,

1221 Avenue of the Arnericas New York, New York 10020 ,

, , Telephone 212 997-5 Jane 13, 1977

'h Mr. Jerose Salt mnn E -

Deputy Chief f u I Office of Antitrust & Inde=nity Mg 3 Huclear Reactor Regulatien Nuclear Regulatory Cc=nission y 4g],ss, gpt b77h- s.

'ianh'ngt;cn, D.C. 20$35 N rea 3 /

f

.\

Q

\ h \ \ 'O O-3 NuclearInsurance Consultants '

a Toledo Edison Company l r.y f; - -., 7 g Davis-Besse Nuclear Power St .-- IJUudil fRg h MAILU Folicy MF-92 a Declarations and Endorsements 1 throuch 1h

Dear Jerry:

holosed for your records are eight certified copies each of Edorsements No. 1 throu6h lh and the Declarations for the newly issued Davis-Besse HA3LU Facility Policy IG-92.

The Declarations, Ites h, establishes the policy T.4-4t of Liability at $28,150,000 effective 20 April 1977 to satisfy 1EC financial protection requirements in effect at that time, h dorsement 13 increases this T4 4t of Liability to 331,500,000 effective 1 May 1977 to comply with current 1:RC financial protection requirements.

7ery truly yours, w I chn d. ek, Jr.

JRD:cco hc .

cc: R. F. htle R. McLane 6

A technical service of Marsh & McLennan, incorporated

.o - . .

6 MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS-919 North Michigan Avenue, Chicago ll, Illinois Nuclear Energy Liability Policy No. MF . 92 (Facility Form) l l DECLARATIONS i

6 I

Item 1. Named Insurea Toledo Edison Company l

Addrea 300 Madison Avenue, Toledo, Ohio 43652 ,

(No. Street Town or City State)

Item 2. Policy Period: Beginning at 12:01 A.M. on the 20th day of April , 19 _77, and continuing through the erTective date of the cancelation or termination of this policy, standard time at the address of the named insured as s:2ted herein.

Item 3. Description of the Facility:

g ,p All of the premises including the land and all buildings and structures of Toledo Edison Company's Davis-Besse Nuclear Power Stetion located on a site consisting of approximately 954 acres on the southwestern shore of Lake Erie approximately twenty (20) miles east southeast of the City of Toledo and twenty (20) miles west northwest of the City of Sandusky in Ottawa County, Ohio Typ, Power Reactor The Operator of the facility i. The Toledo Edison Company item 4. The limit of the companies' liability is < 28,125.000 __. __ subject to all the terms of this policy having reierence thereto.

Item 5. Advance Premium

  • 2 619 69 trem 6. These declarations and the schedules forndng a part hereof give a complete description of the facility, insofar as it relates to the nuclear energy hazard, except as notea n exceptions June 7, 1977 .

Date of Issue _ - Countersigned by _ _..

Authorized Representative Nuclear Energy Liability Policy (Facility Form) 2/1/17 (second Revision)

T

NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Amendment of Transportation Coverage (Indemnified Nuclear Facility)

It is agreed that the definition of " insured shipment" in Insuring Agreement 111 is amended to read:

" insured shipment" means a shipment of source material, special nuclear material, spent fuel or waste, herein called " material,"

(1) to the facility from any location except an indemnified nuclear facility, but only if the transportation of the material is not by predetermination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its transportation, or (2) from the facility to any other location, but only until the material is removed from a transporting conveyance for any purpose other than the continuation of its transportation.

' * 'I

, ;, nj, ,, April 20, 1977 'p ,rm  ; a part E-92 Imued to Toledo Edison Company Date of Iww

,*'.,.- . . ., . ~yya m n E G A ,

3  ;. ..

~

~

$4, For th'e Subscribing Companies

~

51UTUAL ATOhi!C ENERGY LIABILITY UNDERWRITERS

- ~

i Dy _ . . _

^

. . . . 7-1.,#.. ",

,,...m -

- .,  ; , ital

, ,j ; ., ,

1 Endonement No. Cour.rersigned by _. .

AUTwoauso Rarasaantarrys j Y[.'

l l

l

NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 1

knendment of Name of Member Company Endo rsemen t It is agreed that the ncme " SENTRY INSURANCE A MtJTUAL C0dfPANY" is substituted for "IIARDh'ARE MUTUAL CASUALTY COMPANY" wherever it appears in the policy. .

EIitclive Date of To form a part this Endorsemenc _ _ April 201 1977 af PoFey No. "- 9 ?

T ledo Edison Coalpany Isted to D..:e .,i iv.nc--.Iuna 27 -p 7 7

, . . - - -.. ,.,. ,. c 1 d- For the Subscribing Comranies C,

.T!UTUAI. ATOMIC ENERGY LIAlllLITY UNDI'.PMRITCI :;

'5 lly _.-.. _ _ .- . . _ _

/ ..-

l . ,m -

"* ^

.... . a. . . c . '. n . -- -

I .'ud er/*tDc.,t du. .. 2. . . .. ..___ _ ' ('ouhIc t * .;:.u d by .. . .. . ._.._ . __ _ _ _ _ _ , , , , , , _ ,

At.wwszw su rua..mua

.*

  • e

... i i

i l

NUCLEAR ENERGY LIABILITY INSURANCE

--- -_-qwx -

MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Addresa of Mutual Atomic Energy Liability Underwriters Endorsement It is agreed that the addrosa of the Mutual Atonio Energy Liability Under-writera appearing on the declarations and in the " Company Representation" con-dition of the policy is amended to read:

"One East Wacker Drive, Chicago, Illinois 60601" l

l l

Effective Date of To form a part this Endorsement April 20, 1977 MF-92 of Policy No Toledo Edison Company Date of Issua W Io'7) J _

For the, Subscribing Companies j

i M UAL ATOMIC ENERGY LIABILITY UNDERWRITERS

,{v _ :.'

u (, , -_

_ . ,: l, w ~:' By Endorsement No. Counternigned by A trrsenesty.sai limios:NTATIVE

NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS l!

' At1NDATGY E!!D023EMC!T NUCIEAR ENERGY LIA3ILIfY FOLICY (FACILITY FCFJ!)

I?, is agreed that:

I.

The first sentence of the definition of nuclear facility is amended to read:

" nuclear facilit f" r.eans "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Mutual Atom.ic Energy Lia'aility

!aderwriters or by 1;uclear Energy Liability Insurance Association; II.

Die definition of "indenified nuclear facility" is replaced by the following:

"indennified nuclear facility" me ns (1) "the facility" as defined in any Nuclear Energy Liability Policy (Facility fom) issued cy !:utual Atomic Energy Liability Underwritera or by !!uclear Energy Liability Insurance Association, or (2) any other nuclear facility, if financial protection is required pursuant to the Atcmic Energy Act of 195h, or any law amendatory thereof, with respect to any activities er operatiens conducted thereat; III. Condition h is replaced by the following:

LIllITATICN CF LIABILITY: CT MCN CCCURRE!;CE Any occurrence or series of occur-rences resulting in bodily injury or property damage arising cut of the radio-active, toxic, explosive or other hazardous properties of (a) nuclear material discharged or dispersed frem +.he facility over a period of days, weeks, menths or longer and also arising out of such prcpertits of other nuclear material so discharged or disperses from one er r. ore other nuclear facilities insured under any fiuclear inergy Liability Fol-icy (Facility Form) issued by Mutual Atcmic Energy Liability Underwriters, or (b) source material, snecial nuclear material, spent fuel or waste in the course of transportation for which incurance is afforded under this policy and also arictni; out of suen proferties of other scuree matcrial, special nuclear material, cFnt fuel or waste in the ecurse of transportation far which insurance is affar'Jed under one er more other ?!uclear Energy Liab:lity Policies (Facility Form) issuea by ?!atuai Atomic Energy Liability Undcr.rciters, shall be deew.ed to he a cecr.on occurrence resulting in bcdily injury or property damage caused by the nuclear ener;*y ha::u d.

e~

m 2-k*ith respect to such bodily in jury atid propeety da:aa;,e (1) the total aggregate liability oC the ti. embers .oC Mutual Ato ale Energy Liability Underuriters under all Muclear Ene*":y Li ibility PolLc Le9 (F..e! lity Foru),inelhd in;; Lii L: policy, appiLeaS1c to such corunou occurrence chall be the stet of the Limits ot' liability to all such pol te to::, the I!mit of liability of each :.;uch policy bc Ina, as determined by Ccodl-tion 3 thereof, but in no event shall such total a::grenare liability of such menbers execed $13,500,000; (2) the total liability of the co.npaaica andar this policy shall

-not exceed that proportion of the total a>;:.;cer, ate Liability of Llic menhets of Mutual Ata.alc Ener;y Liability L'nderwriters, as steccd in clausa (1) above, tAsich (a) the li. alt of Llability 'of this policy, .n: deter.:ined by colditfan 3, bears to (b) the aun of :he limits of liability of all cach poltetes istined by such membetn, the limit of-liability of each such . policy bein;; as deter.ained by Condition 3 thereof.

The provisions of this condi. tion chall not crerate to increase the IInit of tha cocpanies' Ilability under this policy.

IV. 'the secon'd paragraph of Ccadition 12 "Other Insurancc" is amcnded to read:

"If the insured has c:hcr valid and colle.ctible insurance (other than such ecacurrent insurance or any other nuclear caccgy liability insurance issued by :!utual Atemi.e Energy Liability Undcruriters or Nucicar Encrgy r. lability Insure.nce Ass aciation to any person er organi::ation) appitcabic to loss or cnpense ecvered by this policy, the insurance c' forded by this policy shall be excess Lnsuranco over such other insurance; provided, with rerpect to any

. person uho is not cnploved at and in conacetica wLeh the fa c ilit; ,

such insurance as is acforded by this policy for bcdily injury to an caployee of the insured arising out of and in the course of his eaployment shall be primary insurance under such other insurance'.'

Etie:dve Date of April 20,1977 To form a part 3r_9~,

thh Endorsernnt af Pc icy No.

Issted to Toledo EMaon comnnny June 7, .19 77 D.t:e of Issua

) m: a a :nta rest tms is A ,_.

!:" ' 2; T J, si. d'T PO., ..S

, ^, ,-. . .,2 c . . -- ,. r. 4 c,

' n . .../.

T,'.s.'. ';'y ..

For the Subscribin: Ccinpanies

.: . _y

-f v.

j AIUTUAL ATOAIIC ENERGY LIAOILITY UNDERWRITE",8 Tu...., '

+; , w l/

Q { . !/

- . .-c c .

}Qpfe: VBy

,i, i,9, ~= m _m g mar b -'y ., . A.,,.. . L i. Emit CmaiTL'8 Enduriernent No. Countersigned by

.4uTzion2:n Rcrats4.srA rn a

,= ,: s

..s

m -

NUCLEAR ENERGY LIABILITY INSURANCE

^

MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS r;

INDUSTRY CREDIT RATING PLAN PREMIUM ENDORSEMENT It is agreed that Condition 1 of the policy is replaced by the following:

CONDITION 1. PREMIUM (1) Definitions: With reference to the premium for this policy:

" advance premium", for any calendar year, is the estimated standard premium for that calendar year;

" standard premium", for any calendar year, is the premium for that calendar year computed in accordance with the companies' rules, rates, rating plans (other than the Industry Credit Rating Plan), premiums and minimum premiums applicable to this insurance;

" reserve premium" means that portion of the standard premium paid to the companies and specifically allocated under the Industry Credit Rating Plan for incurred losses. The amount of the " reserve premium" for this policy for any calendar year during which this policy is in force is the amount des-ignated as such in the Standard Pr'emium Endorsament for that calendar year;

" industry reserve premium", for any calendar year, is the sum of the reserve premiums for that calendar year for all Nuclear Energy Liability Policies issued by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Under-writers and subject to the Industry Credit Rating Plan;

" policy refund ratio", for any calendar year, is the ratio of the named insured's reserve premium for that calendar year to the industry reserve premium for that calendar year;

" incurred losses" means the sum of:

(1) all losses and expenses paid by Nuclear Energy Liab-ility Insurance Association and Mutual Atomic Energy Liability Underwriters, and (2) all reserves for unpaid losses and Expeeses as estimated by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters

-~

I

. Page 2 INDUSTRY CRFLIT EATING PLAN PREMIUM EN;CRSEMENT (Cent.)

because of obligations assu=ed and the expenses incurred in connection with such obligations by rerbers of Nuclear Energy Liability Insurance'Asse:1atica and Mutusi Atemic Energy Liability Underwriters under all Nuclear Energy Liability Policies issued by Nuclear Energy Liability Insurance Associa-tion and Mutual Ate:ic Energy Liabiltty Underwriters and subject.to the Industry Credit Ratina Plan;

" reserve for refunds", at the end of any calendar year, is the amount by unich si) the sum of all industry reserve pramiums for the period fr:m January 1, 1937 through the end of such calendar year exceeds (2) the total for the same peri d of (a) all incurred 1:sses, valued as of the next following July 1, and (b) all reserve ;;en12: :etunds made under the industry Credit Racing Plan by members of Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters;

" industry reserve premium refund", for any calendar year, is determined by cal:1 plying :he reserve f : refunds at the end of the ninth calendar thereafter by the ratio of tha industry reserve premium for the. calendar year for which the premium refund is being dece: ined to the sua of such arount and the total industry reserve pre:1ces for the next nine calendar years thereafter, provided that the industry reserve pre =ius i refund for any calencar yet: chall in no event be greater than the industry reserve premium tor such calendar year.

(2) Payment of Advanta and Standard Premiu=s. The named insured shall pay the ::=panies the advance premium stated in the declarati:ns, for the period fr:m the effective date of this policy _through December 31'follcuing. Thereafter, at the bedinning of aaen calendar year while this policy is in force, the named insured shall pay tha advance prenium for such year to the cc panics. The acvan:e pranius for each calendar year shall be stated in the Advan:e Premium Endorsc ent for such calendar year Issaed to the named insured as soon as practicalbe prior to or artet the beginning of such year.

Assoonaspracti:abkeaftereachDecenber31andafterthe termination of this policy, the standard premium for the preceding calendar year snall be finally deter =ined and stated in the Standard Premium Endorsement for that calendar year.- If the standard pre:1um so determined er.ceeds the advance premium previously paid for suca calendar year, the nl:ed insurea shall pay the excess to the c.'epanies; l if less, the companies shall return to the named insured the excess portion paid by such insured.

NE-17 ,

s Page 3 INDUSTRY CREDII RATING PLAN PRCilUM ESDOR3EMENT (Cont.)

t The named insured shall maintain records of the information necessary for premium computation and shall send copies of such records to che companies as directed, ac che end of each t calendar year, at the end of the policy period and at such other times durind tha policy period as the companies may direct.

(3) Use of Reserve Premiu=s. All reserve premi.u=s paid or payable for this poli:y may be used by :he te=cers of Mucual Acomic Energy Liabill:y Underwriters to discharge cheir obligations with respect .o incurred losses anecher such losses ara in-curred under chts policy or under any other policy issued by Nuclear Energy Liability Insurance Association or Macual Atomic Energy Liability Underwriters.

(4f Reserve Premium Refunds. A portion of the reserve premium for this policy for the first calendar year of any group of ten conse:utive calendar years shall be recurnable to che named insured prorided there is a reserve for re:unds ac the end of the tenth calendar year-(5) Computation of Reserve Precium Refunds. Ihe' reserve prarium refund due che named insured for any calendar year shall be

. determined by =ultiplying anf industry reserve premium refund for such calendar year by the policy refund ratio for such calendar year. Ihe reserve premium reiund for any calendar year shall be rinally determined as soon as practicable after July 1 of the tenth calendar year thereaf:er.

(6) Final Preclun. The final premium for this policy shall be the sum of standard premiums for each calendar year, or portion s thereof, during which this policy re:21ns in force less the sum of all refunds of reserve premiu=s due the na=ed insured under the provisions f this Condition 1.

a b  %

9

.-- . - - - w w -

Page 4 INDUSTRY CREDIT 1:ATING Pl.AN PREMILM ENDORSE U:NT (Cont. 1 (7) Reserve Premiunt Re fitnd Agreemen t. Each meraber of Mutt:a1 Atomic Energy 1.iability Undert.riters subscribing this policy for any calendar year, or portion thetoof, thereby agrees far itself, severally and not jointly, and in the respeciave proportion of its liability ansumed under this policy for that calendar year, to return tc, t he named insured that port ten of any reserve prettitim reftind dne the named insured for that. ca l en'da r year, determined in accordance with the prov!sions of this Condition 1.

ILeth e D.it of To form a p .t ti.is l'ndor s.on.c Ap g 20 1977 of policy yo,_ F-92 Toledo Edison Company U.tte of biue I' m a 7,_1377 1F:0 f5 TO CERTTf T4T THIS IS A /

~

f.[.' '..

Cr p: y For the Subsca:Lin: Ccmranics m

.....'.,,a7..".'.{h

-- , r- .sp /

.'. UTUAL ATOAIIC ENEir.Ti I,IAEIL:TY UNDEltu I:iTJLt.

j,/

g, ' .: g. '. ..

, , . . ., /v,, -

  • Ilf ,.,/ .. .- __

.aw a, * ,

, a

/ o 3 c;;... r IT:7y

, ,.. .. ...;; t. 4.,;. c. A%rasR!TEits 6

Endui en.cr.t W. _ _ _ _ _ _ _ Ccimard;:ned by . _. _ _ . _ . _ _ _ ..

Aimu:.ta Rrr uwrartu

  • ?.*** ..

i . . -1_t

NUCLEAR ENERGY LIABILITY INSURANCE

^

MUTUAL ATOMIC ENERGY LIABILITY UhTERWRITERS AMENDATORY ENDORSEMENT (Application of Policy)

It is agreed that Insuring Agreement IV of the policy, captioned

" Application of Policy" is amended to read as follows:

APPLICATION OF POLICY This policy applies only to bodily injury or property damage (1) which is caused during the policy period by the nuclear energy hazard and (2) which is discovered and for which written claim is made against the insured, not later than ten years after the end of the policy period.

Effective Date of To form a part this Endorsement __ April 20. 1977 mg pag;cy yo, vr_92 Imud to Toledo Edison Company June 7, 1977 Date of Iss-pp; 15 ?j {~ F'- L

.i

. g

- f, For the Subscribing Companies

/, ,

a n .* ~ MUTUAL ATOMIC ENERGY LIABILITY UNDE By

^.

- : ':t

...a.;a.33$

~

r,.. .

7 Endorsement No. Countersigned by Aurnonizan Rarausmnys N

NU'.iEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS i

t WAIVER OF DEFENSES ENDORSEMENT

, (Extraordinary Nuclear Occurrence)

The named insured, acting for himself and every other insured under the policy, and i the members of the Mutual Atomic Energy Liability Underwriters agree as follows:

I

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, 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 intcntionally 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 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 not to exceed the maximum amount otherwise recoverable under such law.
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 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 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 (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 prot.erty 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 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 on accouni of such injury or damage.

EHective Date of To form a part this Endorsement April 20, 1977 4 Pdicy No. MF-92 Toledo Edison Company Date of Issu- T- 7 1077

  • d 5
  • Z'T ~ ' *:4.T T4 0 :: 4,

. . . . c t . : .-.f'

~

IJ For the Subscribing Companies

~=*:. W'L a M

.. , .a . :n n:3 MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS P / po n, -

p ,,

  • '":  :::"b; sdRETA.U . ~ ' -

w%. ,a: :n mun txtawmTtas Endorsement No. R Countersigned by Aurmas se aseassamma T

NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS SUPPLEMENTARY ENDCRSEMENT WAIVER OF DEFENSES

, REACTOR CONSTRUCTION AT THE FACII.ITY It is agreed that in construing the application of paragraph 2 (b) of the Waiver of Defenses Endorsement (NE-33) with respect to an extraordinary nuclear occur-rence occurring at the facility, a claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating license has been issued by the Atomic Energy Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:

(1) the claimant is employed exclusively in connection with the construction of a nuclear reactor, including all related equipment and installations at the facility, and (2) no operating license has been issued by the Atomic Energy Cocenis-sion with respect to the nuclear reactor, and (3) the claimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility.

Efie:tive Dste of April 20, 1977 To fonn a rart this Endorsement af Polig No. "'-- 9 2 Toledo Edison Company Date of Issu, J 9 ne 7. 1977

.. s For the Subscribing Companies b .h '

51UTUAL ATO511C ENERGY LIABILI'lY UNDERWRITERS

^

j .ITy?> W l.

o'

.. ,- .,3 ,

.,.3 , , . .. . C -.;.i . . M DI M Endorrement No. 9 Countersigned ly -

AL.nronnaa Rzrarsr 'rany T

V NUCLEAR ENERGY LIABILITY INSURANCE

- ^ f,_ .

MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ADDITIONAL NAMED INSURED ENDORSE}* INT (Facility Form)

I It is agreed that:

1. Item 1 of the declarations is amended to read:

Item 1: Named Insured: Toledo Edison Company Address: 300 Madison Avenue, Toledo, Ohio 43652 Additional Named Insured The Cleveland Electric Illuminating Company

2. Condition 17. " Authorization of Named Insured" is amended to read:

Excent with respect to compliance with the obligations imposed on the insured by Conditions 5, 6, 7, 8, 9, 10 and 11 of this policy, the first named insured is authorized to act for every other insured in all matters pertaining to this insurance.

Effective Date of April 20, 1977 To form a part '37._9 ~,

this Endorsement af Policy No.

Issued to Toledo Edison Company Date of Issu, June 7, 1977

.c . ....,-....,,.33

"; .if ,

V, :r For the Subscribing Companies

.2 1 .

--- ' i f]

AIUTUAL ATO11IC ENERGY LIABILITY L'NDERWRITERS

. ._ s **

By _

......Y l

' , - ~

  • si ;...?. iY UMI.r!..iiii.93 i

lo~

Endorsement No. Countersigned by .

At.Tuoanso Raras.seurarrva l

)

i M. . .**

l l

l I

NUCLEAR ENERGY LIABILITY INSURANCE l -_

, MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS t

AMENDMENT OF CONDITION 2 " INSPECTION; SUSPENSION"

, (FACILITY FORM)

I It is agreed that Condition 2 " INSPECTION; SUSPENSION" is replaced by the following:

h

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 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 believes 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 Con::21ssion, suspend the insurance with respect to the named insured and sucn 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 r.otice 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 Mi 'n 1477 af Policy No. MF-92 Inued to Toledo Edison Company Date of Inu,

- A

, , . . . . //

_, . : . L. ..-

,;j'4) For the Subscribing Companies 1.3 g

+ ' MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS

., -/) e - '

I. p--

. . By

, , f -, . , = nim a .. - [- ,', u;4 L.IY ' M d 11 Endorsement No. Countersigned by Aurwoause Rartusenva T

NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS i

AMENDMENT OF DEFINITION OF " NUCLEAR ENERGY HAZARD" (Indemnified Nuclear Facilitv)

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 ataended to read:

(2) the nuclear material is in an insured shipment whien 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 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 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 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 April 20, 1977 of pol cy No, E-92 Toledo Edison Company Date of Issu, Lma 7 1o77 1

-- y- is 4

, : e . - 3 , j 3.. L.L j

- :.. : .,Y For the Subscribing Companies '

=

.'.. $ a0 j

..l. : : IUTUAL ATO111C ENERGY LIABILITY UNDERWRITERS

1 Ns f,,

. . .C '

o Q ~

vi rU  !

,U .', k ., ' { / W

  • B ' 's Y

c ::-;: :,. l. i;: E A2Y f e u, .. - ... ' ;;.uty -# ;IT4RlTERS Endorsem.nc No. 12 Countersigned by AUTuonuto Rarasuunms T

r-NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC rNERGY LIABILITY UNDERWRITERS It , we Of Limit O f Liability Endorsenent It is agreed that:

1. The limit of liability stated in Iten 4 of the declarations of the policy is amended to read $31,500,000 .

This amended limit applies with respect to obligations assumed or expenses incurred because oc bodily injury or property damage caused, during the perto1 f ram the ef f ective date.of this endorsement to the date o f terr.i at ion o t the policy, by the nuclear energy hazard.

2 The limit of liability stated in Item 4 of the declarat ions and the amerided litait of liability stated in paragraph I above shall not te cumula tive, and each paynent made by the companies after the effective date of this endarscient for any loss or expense covered by the policy sitall reduce by th: iccunt of such papent both t he l imi t o f liabtlity stated in Item 4 of the declarations and the amended limit of liability s:ated in para;raph I abova, regardless or wnich limit of liability applics with res7cet to the bodily injury or property damage out of which such los s or expense arises.

EEe:t:ve D.te of To form a part thy L19 77 af Peli:y No. E-92 this E.anement Toledo Edison Company Issuc! t'o Date of Issua 3""* 7' 1977

,;. - c;; g g....

- z.% rs ,

For the Subxribing Co.rpar.ies

~ ' '

/ !.1UTUAL ATO.'.IIC ENERGY Lini'!LI'lY UNDERWRITERS

...:. W / *

^

i~..

[;p _a . /-3 , 9. / * ~ ~ ,/

ny

/ , ,;b.c;;;:.;I11NY #

,y .. . .:scY unn uncinaiTERs Endor:,ement No. Countusirned by _ -

AuT1 urzrc RaratusTarna

!;E -12

.;~

,, s NUCLEAR ENERGY LIABILITY INSURANCE 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 $ 2,639.65 .

2 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 and Reserve Premium are:

Standard Premium S2,639.65 .

Reserve Premium $ 1,793.51 .

Effective Date of To form a part this Endorsement April 20, 1977 of Policy No. MF-92 Xssued to Toledo Edison Company Date of Issue. June 7,- 19 772 ,

..s -

'O r the Subscribing Companies

~[ y~ Ag4IOMIC ENERGY LIABILITY UNDERWRITERS

0. l. *:

V. /E' '

r By l7 is,-1l: y; p' _.

/ r' -

., ,,, , : A ..- -+

. .n Endorsement No. l '+ Countersigned by AUTh0RIZED REPRESENTATIVE