ML19329D623
| ML19329D623 | |
| Person / Time | |
|---|---|
| Site: | Crystal River  |
| Issue date: | 06/08/1977 |
| From: | Rodgers J FLORIDA POWER CORP. |
| To: | Saltzman J Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 8003160246 | |
| Download: ML19329D623 (36) | |
Text
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NRC e onu 195
. U.s. NUCLE AH RLGUL ATORY COMMISSION
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.JEROME SALTZMAN FROfA: FLORDIA PO'./ER CORP.
D ATE OF DOCUf.*C NT ST. PETERSBURG, FLORDIA 6/8/77 J.T. RODGERS DATE RECEtVCD 6/10/77 E T7ra ONOTOnfzco pson iNeuT Fonu Nuvutn os Copico c.ece *.co
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E Su r.E (Q ' MUTUAL ATOMIC ENERGY LIAB LTR. TRANS THE FOLLOWING........
NDORSEMENTS # 26,27,28,30 TO NELIA-NF-195 AND 4
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\\p u m m @j hir. Jerome Saltzman Deputy Chief m'5" r-Office of Antitrust and Indemnification D
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Nuclear Regulatory Commission g
Washirgton, D.C, 20555 s
Dear 31r. Salt:
man:
Attached for your information are three certified copies of Endorsements No. 26, 27, 28, 29, 30 to NELIA-NF-195 and three (3) certified copies of our 51utual Atomic Energy Liability Underwriters Policy, Policy No. h!F-91.
If you desire further discussion concerning the above, please do not hesitate to contact us.
Very truly yours, i
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Rodgers.
Asst. Vice President JTR/iw Attachments.
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General Office 3201 Tnirty-fourtn sseet soutn. P.o Box 14042. St Petersburg Fienda 33733 813 - 866-5151 L
Nuctar En:rgy Liability Insuranco NUCLEAR ENERGY LIABILITY INSURAN'CE ASSOCIATION Af1EflDMEtlT OF C0fl0lTI0fl 4 Afl0 AMEllDMEtlT Ill 1977 SUBSCRIBIflG COMPAfilES AflD Ifl THEIR PROP 0RTI0flATE LIABILITY EflDORSEMErlT 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.
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- anuary I, 1977 this dor e ent To form a part of Policy No tiF-195 12:01 A.M. Standard Tirne issu;d to Florida Power Corporation et al Date of Issue January 31. 1977 For the su scribing co canies
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General Manager Endorsement No 26 Countersigned by NE-43D(1/1/77)
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SUBSCRI3t?.G COMFANi[5 pn0PORit0N OF 100t Actna Casualty and Surety Co.. inc.151 Farmington Ave.. Hartford. CT 06156 11.4807836 Aetna insurance Company 55 Elm St.. Hartford. CT 06115 2.37533:5 Allstate Insurance Co. 3324 Shokie Blvd.. Skokie. IL 60076 4.7506691 Anerican Hve Assurance Co.
102 Maiden La.. New York, fu 10005
.6730115 American Motorists Insurance Co.. Long Grove. IL 60049
. 3WUI Centennial Insurance Co., 45 Wall St., Ne, York. NV 10005
.395M 91 Cocrercial Union Insurance Co. One Reicon St., Boston, MA 02103 3.4939240 Continental Casualty Co.. CNA Plata. Chicaqo. IL 6n645 4.4339573 Continental lesurance Co., ine. 80 Maiden La.. ?.cw verk. M 10033 6.3342254 Federal Insurance Co., 51 John F. kenneds Fhay.. Short Hi]Is, KJ 07078 1.266A45I Firanan's FunJ Insurance Co.
33:3 Calt fornia St.. San Francisco CA 04110 4.3547811 General Accident Fire and Life Assurance Corp., Ltd. 414 Walnut St.
Philadelphia, PA 19105 1.34fd221 Great fe'erican Insurance Co.
530 Walnut St.. Cincinnitt. OH 45201 1.3301973 Gulf Insurance Co., 2115 Cedar Springs. Dallis. T4 75221
.1581556 Hanover Irsurance Co.. The. 440 Lincoln St.. Worces ter. "A 01605 475"6%
H3rtford Accident and Inde" Pity Co.. R3rtford Pla2a. Hartford. CI C6115 7.9177313 bartford Ste n Boiler Insp. 4 Ins. Co., the. 56 Presecct 5t. Hartford, CT C6102 4354 W1 Pcme Indem ity Co.. The. 59 Mai'Jen La.. New York. *.V 10038 2.7712216 Irsurance Co. of North /certca.1630 Arch Street. Philadelonia, ?A 19101 6.1342251 Maryland Casual ty Co.. F.O. 00X 1229. Baltinore MD 21203 1.58355A4 aorarch Insurance Co. of Ohio. The.13 Rector St.. F.e. fork, NY 10006
.2771224 Northwestern % tional Ins. Co.
731 No. 'ackson St.. Milaaukee. WI 53202
.5542447 Pacific Irdemnity Co., 3200 Wilshire 81v,d., Los A m e!es. CA 90054
.3167113 Feerless inwrence Co. R tole Ave.. Keene. NH 01431 09 W 23 Phcenia Assurance Co. of New York. 80 Maiden La.
Ne York,.Tf 1002A 4750669 Protective lesuracce Co. 3100 No. "cridian St., Indiaca.no115. I'd 46203
.1593556 Providence Washinqtnn insuracce Co.
20 Nashington Place. Providerce. RI 02703
.0939723 Puritan Insurance Cowry 1515 Surrer St.. Stamford. CT 06905
.2375335 Relisnce losurance Company. 4 Penn Center Plaza. Philadciphia PA 19103 1.2668451 Royal Glet,e Insurance Cogany.15n William Street, *.cw Ycrk. New York 10038 3.5630018 St. Paul Ftre & nirine Ins. Co.
395 Washinnten St., St. Paul, m 55102 3.9335540 5esboard Surety Co. 90 William St.. New York. NY 10038
.3167113 5ecurity Insurance Company of Hartford.1000 Asylum Ave.. Hartford. CT 06101 1.0689005 State Farm Fire 4 Casualty Company.112 East Washin.Jton St.. B1comirqton. IL 61701
.7917782 Transamerica Incarance Co.,1150 So. Olive St., Los Any'es. CA 90015
.6334225 Travelers Indemnity Company. The. Ore To-er Square. Hartford. CT 06115 11.2432501 United States Fidelity and naaranty Co.
P.O. BOX 1138. Baltimore. MD 21203 9.0262712 United States Fire insurance Co.. Nadisen Ase. at Canfield Rd.. Morristown. NJ 07963 2.8504014 Zurich Insurance Co. 111 West Jackson Blvd., Chicago. IL 60604
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Attachment to Endorsement No. 26.
Nuclear Energy Liability Insuranca NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVAf1CE PRD4IUM AfiD STAtlDARD PREMIUM EtiDDRSEMEf1T CALEtlDAR YEAR 1976 It is agreed that Items la. and Ib. of Endorsement No.
19 are amended to read:
la. ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is:
5,782.30 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:
3,874.14 Additional Premium:
$3,782.30 hic is t o certify that th: - is a tra :.opy of 't.e origi-al t
Endorso. cat ha115 tr.0 c.n.orceaene.L laor and of the Nuclear Ene.v/
ignated hereon. No Insurance is afforded hereunder.
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Ef fecSve Date of January 1, 1976 this Endorsement To form a part of Policy No__NF-195 issued to Florida Power Corp. et al Date of Issue __lfarch 28, 1977 For the su icnbing co panies By
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i General Manager v
Endorsement No 77 Countersigned by f1E-36
Nuclear En:;rgy Liability Insuranco NUCLEArt ENERGY LIABILITY INSURA'NCE ASSOCIATION ADVAtlCE PREMIUM Afl0 STAfiDARD PREMIUM EtlDORSEpritT CALEtlDAR YEAR 1977 It is agreed that Items la. and Ib. of Endorsement rio. ' 25 are amended to read:
la. ADVAtlCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is:
157,333.91 Ib.
STAtlDARD PREMIUM A!iD 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:
117,248.76 Additional Premium:
$106,183.91 This is to certir., 3 :
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of the Nuclear Ener,;y L1...ility polief (.1}, "1
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Agnated hereon. No Insurance is afforded re r er.
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Chr.ra Suelear...,,,,_,,athpg Ef fective Date of January 1, 1977 this Endorsement==
To form a part of Policy No NF-195 12.01 A.M. Standard Time issued to Florida Power Corp. etal Dite of issue _. March __28. ~ 1977 For the su scribing Ce panies By General Manager Endorsement No 28 Countersigned by NE-36
Nu
. tar En:rgy Liability Insuranca NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION INCREASE OF LIMIT OF LIABILITY ENDORSEMENT (After Prior Increase)
It is agreed that:
1.
The limit of liability stated in Item 4 of the declarations as amended by the Increase of Limit of Liability Endorsement (s) listed below is further amended to read S 108,500,000.00 This amended limit applies with respect to obligations assumed or exoenses incurred because of bodily injury or property damage caused, during the period from the effective date of this endorsement to the date of termination of the policy, by the nuclear energy hazarc.
2.
The original limit of liability stated in Item 4 of the declara-tions, the limit (s) of liability stated in the Increase of Limit of Liability Endorsement (s) listed below and the amended limit of liability stated in paragraph 1 above shall not be cumulative, and each payment made by the companies after the effective date of this endorsement for any loss or expense covered by the policy i
shall reduce by the amount of such payment the limit of liability originally stated in Iten 4 of the declarations, the amended limit (s) of liability stated in the ir. crease of Limit of Liability Endorsement (s) listed below and the amended limit of liability stated in paragraph 1 above, regardless of which limit of liability applies with respect to the bodily injury or property dam?.
at of which such loss or expense arises.
Previous Increase of Limit of Liability Endorsement (s)
Endorsement No(s):
21 This is to 0 3rtify 'h t tM~ I'3 ' '" ' "E'
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ignate he o Incurance is an'or.cd baroundar.
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Effective Date of yo-(orhT5ari.'.i:
s J this Endorsement May 1. 1977
~ ~ 'cayep53ib i95U3UU' 12:01 A.M. Standarc1 Florida Power Corporation,QHear EneNl/ M et al Issued to Date of issue May 5, 1977 For the su cribing co}panies F
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General Manager Endorsement No 29 Countersigned by
Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVAflCE PREMIUM AND STANDARD PREMIUM ENDORSEMEfli CALENDAR YEAR 1977 It is agreed that Items la. and Ib. of Endorsement No. 28 are amended to read:
la. ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is:
163,921.03 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:
122,254.98 1
i Additional Prectium:
$6,587.12 This 10 to aorti.'; th' C - *, - d - :
,f :.; < 3 er; gin 31 Endoracuan; hac:::..2....
.2........ :1 being : de part of the Nuclcar En::::/.'..;i'it. s. :; 0;ci;i'cy Fori.:) a3 da*
f ignated her on. " Incuu nco la aff;; del hereunder.
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Om7 Inaurance Assoc.
n EdectWe Date of this Endorsement -
January 1, 1977 To form a part of Policy No NF-195
.M stand;d Time lasued to Fl_orida Power Corporation et al Date of issue.11ay.5,1977 For the su scribing co panies By f
General Manager v
Endorsement No 30 countersigned by NE-36
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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 919 North Michigan Avenue, Chicago ll, Illinois Nuclear Energy Liability Policy No. MF - 91 (Facility Forrn)
DECLARATIONS Item 1.
Named Insurea Florida Power Corporation Addrea P. O. Box 14042 St. Patersburg, Florida 33733 (No.
Street Town or City State)
Item 2.
Policy Period: Beginning at 12:01 A.h!. on the 2d December day of
, 39g and continuing through the effective date of the cancelation or termination of this policy, standard time at the address of the named insured as stated herein.
Item 3.
Description of the Facility:
Location All buildings and premises owned by, occupied by, or rented to the named insured and located on premises identified as Crystal River Unit No. 3, situated on the Gulf of Mexico about 7 1/2 miles northwest of Crystal River, Citrus County, Florida Power Reactor Type The Operator of the facility n Florida Power _CorpSration item 4.
The limit of the companies' !! ability is $ 28,125,000 _.
- subject to all the terms of this policy having reference thereto.
Item 5.
Advance Premium' 9 1,145.70 item 6.
These declarations and the schedules forming a part hereof give a complete description of the facility, insofar as it relates tc the nuclear energy hazard, except as noted no exceptions Date of Issue -
April 15, 1977 Countersigned by Authorized Representative Nuclear Energy Liability Policy (Facility Forrn) 2/1/57 (Second Revision)
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NUCLEAR ENERGY LIABI.LITY INSURANCE
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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITEhd AMENDMENT OF NAMED INSURED ENDORSEMENT It is agreed that Iten 1 of the Declaratinns, " Named Insured," is amended to read:
Item 1.
Named Insured:
Florida Power Corporation City of Gainesvillo City of Alachua City of Bushnell City of Kissimmee City of Leesburg City of New Smyrna Beach and Utilities Commission City.of Smyrna Beach City of Ocala Orlando Utilities Commission and City of Orlando Sebring Utilities Conmission Seminole Electric Cooperative Inc.
City of Tallahassee Effective Date of this Endorsement December 2, 1977 To form a part MF-91 of Policy No.
7 Florida Power Corporation et al Date of Issu, April 15, 1977 etgTWI Ti'AT TWS G A /
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Countersigned by At.rumzso renusmms g.
NUCLEAR ENERGY LIABILITY INSURANCE
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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Address of Mutual Atomic Energy Liability Underwriters Endorsement It is agreed that the address of the Mutual Atomio Energy Liability Under-wr{ters appearing on the declarations and in the " Company Representation" con-dition of the policy la amended to read:
"One East Wacker Drive, Chicago, Illinois 60601" E#ective Date of thfe Endorsement -
Deceraber 2' 1976 To form a part My_91 of Policy No-Florida Power Corporation April 15, 1977 3msnMUM9I[,h.3$J..'
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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Amendment of Name of Member Company Endorsement It is agreed that the name "SE!TIRY INSURANCE A MUTUAL COMPAhT" is substituted for " HARDWARE MUTUAL CASUALTY COMPANY" wherever it appears in the policy.
EHective Date of December 2, 1976 To form a part up_91 this Endorsen ent af Policy No.
Issued to Florida Power Corporation Date of Issue April 15, 1977 n u iW',)
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Endorsement No.
Countersigned by Aerneuzzo Ranusmma
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NUCLEAR ENERGY LIABILITY INSURANCE T_
MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Amendment of Transportation Coverage (Indemnified Nuclear Facility)
It is agreed that the definition of " insured shipment" in Insuring Agreement III is amended to readt
" insured shipment" means a shipment of source material, special nuclear material, spent fuel or vaste, 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.
EKective Date of To fonn a pan this Endorsement December 2-1976 af Policy No.
g7_93 Florida Power Corporation Date of Issu, April 15. 1977 hl
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Endorsement No.
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Countersigned by J
Avnicalzio RarasssNTARYS T-2
NUCLEAR ENERGY LIABILITY INSURANCE T.-
MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AWi!T0ATCF.Y DIP'.3E!!C;T llUC!IAR DERGY LIA3ILITf FOLICY (FACILITY FCE ')
It is agreed that:
I.
The first sentence of the definition of nuclear facility is amended to read:
" nucle 1r f acility" romt "the facility" as defined in any 1:uclear Energy Liability Folicy (Facility Forn) issued by I'utual Atcetic Energy Liability
!nderwriters or by !:uclear Enercy Liability Insurance Ascociation; II.
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ne definitien of "inder.nified r,uelcar facility; is replaced by the follo: ring:
"indcr.nified nuclear f acility" means (1)
"the facility" as defined in any.'uclear Encrcy Liability Policy (Facility F m) issutd by !:utual hte.ie Energy Liability Underwriters or by 1:uclear Encrcy Liability Insurance Association, or (2) any other nu::1 car facility, if financial protecticn is required pirsuant to the Atenic Energy Act of 195h, or any lu ar.endat.ory thereof, with respect to any activities er operations conducted thercat; q
yy III.
'Cendition b is rcplaced by the following:
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LT;'I T,'. TIC:: CF LIABILITY: CG'.::0:1 CCCGP.E::CE Any occurrence or series of occur-reacca rc:ultint; in brdily injury or 7.re;.crty denace arizing cut of the rat.o-active, tcxic, explcsive or other hatcrd:ue prc;erties of (a) nuclear r.iteri al dir.cht. rec 1 or di:p r:cd fren the facility over a pcrie:1 of days, vet :c, nonts er ler~rr cri r. Iso aricin ; cut of :uch pre;artic::
of othcr r. :clc r ra t erir.1 :o...:.c.' 3.~ ci er diep:rstd frcr. cne er r. ore other nue1c.- f.ciliti r a ir.curc:. ur.icr :.ny ::aclccr Encrgy Liability Fol-icy (Facility i um) itaued by 2:u tual.t:n c incrcy Liability Undcruriters, or (b)
. source r. ate: rial, cpceial nucici-r atcrial, spent fuel or waste in the cource of tr e:ct er tatic.a fer which in:,.r:!nce,in afforded un1er tnic TM iay and 2.lro arinin: ou t. of cuca rec;s rties af other source naLLrial, speci:l nuclear r M e rini, et-. nt fuel nr.uic in the course of transpertatien fer which in::t;; a. ce la a:. nr P d under.
.t-t r rm c other.uclear Ener, y Lir'.'-lity Policier, (..in:.li ty r erc;) insucd by :u t.. il A :.or.ic. Lncrcy Liability Uni.;r n : _c.y r, hall bc O. c.r I to bc a cc..sn occurrt.c ee resul ti.nc, in brdily in, jury or prop.' y dam:*,;e : nani b;r t.be nu M ir u.u;:/ !.-
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_2 With respect to sisch badily injury and property da. age (1) the total aCeregate liability of tha members of !!utu11 Atonic 1.ncrcy Liability Underwriters under all ::uclear Energy LiabDi t.y Policics (Facility For.e), includirc this plicy, appli:.::le to such cr.non occurrence shall be the sum of the lialts or liability of all such policies, the li: nit of liaoility of each.iuch policy bein.' a3 dctt:rnined by Conditien 3 thereof, but in no event shall such total c.cgregate liability of such membcra cxceed J13,50),m; (2) the total liability of the conpanica under this policy ch1U nat excer.d that propor-ian of the total aggre-gate liabili ty of the nc.-bers of Mutu:.1.\\ tor.i: Laurgy Liability Undar-wri.,ers, as stated in clause (1) above, uhich (a) the linit of lisbility of this policy, is deternined by Condition J, bears to (b) the sun of the li:..its of lino 111ty of all cuch policica 1.4 sued by such menbers, the linit cf liability of cach such policy being as deter.nined by Con-dition 3 th:rcof.
The proviaicns of this conditicn shall not operate to increase the linit of the conpanies' lir.bility undcr this policy.
IV.
The secor.d Enrr.r;raph of Condition 12 "Other In surance" is a icnded to reac; "If this in:.ured hw other valid e.nd collutibla incuran:e (other than cuch c.reurrent incurance or cr.y other nuclear cuarcy 1...111 c./ insura.cc is;tod by i.utm.1 1. tor.ic Encrgy
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...a u r _..et ry Ln.oie.1:.y _nsurance Asso:htian to anty pu:ca or orpnica. ion) c.pplict.b;c to lost, or exp?nca covered oy this pc.1. icy, tne incurr.: ice afforde.i by this polic/ shall bc.:xces; jnsuran:c our such other ir.curanec; provided, rith respect to cny per. tan una is not enployed r.t and in conncc. tion..-ith the f acility, cuch in urence as is afforded by this policy for bacily ir. jury to an cr.plo:/cc of the ir.sured aridira out of and in tha cour se of his (..r. plop.ent shall be pri-r.ary insurer.co undcr such other insurance."
i E.b i (yis.r. n D.ae of December 2, l')76 To fon. n a put a#14.st!canoIt og j ogTy p.1 MF-91 Florida' Power Corporation h.ue.! to m
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s NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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 Premium Endorsement for that calendar year; "indus t ry reserve premium", for any talendar 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.atio", 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 Expenses as estimated by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters
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Page 2 INDUCTf.Y C2 EDIT RATING PLAN PREMIUM ENDORSE'!ENT (Cont.)
because of obligations assu=ed and the expenses incurred in connection with such obli;ations by cembers of Nuclear Enargy Liability Inturance Asscciation and Mutual Ate:1c Energy Liability Underwriters under all Nuclear Energy Liability Policies issued by Nuclear Energy Liability Insurance Associa-tion and Mutual Acc ic Energy Liability Underwriters and subject to the Industry Credit Rating Plan;
" reserve for refunds", at the end of any calendar year, is the amount by which (1) the sum of all industry reserve prar.iums for the period fr m January 1, 1957 through the end of such calendar year ex eeds (2) the total for the sate peri d of (a) all incurred losses, valued as sf the next following July 1, and (b) all reserve p:e=ium refunds cade under the Industry Credit Racing Plan by retbars of Nucicar Energy Liability Insurance Asso::ation and Mutual Atomic Energy Liability Underwriters;
" industry reserve premium refund", for any calendar year, is determined by mal:1 plying the reserve for refunds at the end of the ninth calendar theresiter by the ratio ef the industry reserve premium for the calendar year for which the premium refund is being determined to the sua of such arount and the total industry reserve premiums for the next nine calendar years thereafter, provided that the industry reserve pre =1um refund for any calendar yetr shall in no event be greater than the industry reserve premium ter such calendar year.
(2) Payment of Advan:e and Standard Premiu=s.
The nat.ed insured shall pay the c:epanies the advance premium stated in the decisrati:ns, for the period frcm the effective date of this policy through Datember 31 following.
Thereattar, at the beginning of each calendar year vhile this policy is in force, the naced insured shall pay the advance premium for such year to the companies.
The advance premium for ea:b calendar year shall be stated in the Advance Premium Endorsc ent for such calendar year issued to the named insured as soon as practicalbe prior to or after the beginning of such year.
AssoonaspracticableaftereachDece=ber31andafterthe termination of this polief, the standard premium for the preceding talendar year shall be finally detercined and I
1 stated in the Standard Premium Endorsement for that calendar year.
If the standard premium so determined er.ceeds the I
advance premium previeusly paid f or such calendar year, the named insured shall psy the excess to the companies; if less, tha 'companics shall return to the named insured I
the excess percion paid by such insured.
l NE-17
Page 3 INDUSTRY CREDII RAII::G PIXi PREMIUM ENDOK3EME::I (Cont.)
The named insured shall caintain records of the infor:ation necessary for precium co:putation and shall send copies of such records to cha cc panies as directed, at the end of each calendar year, at the end of the policy period and at such other times during the policy period as the companies may
- direct, (3) Use of Reserve Premiums.
All reserve premiums paid or payable for this. poli:y eay be used bf cne centers of Macual At:mic Energy. Liability Underuriters to discharge their obligations with respect.o in:urted losses vnether such losses are in-curred under this policy or under any other policy issued by Nuclear Energy Liability Insuran:e Association or Matual Atomic Energy Liability Uncereriters.
(4) Reserve Preeft: Rerunds, A portion of the reserve premium for this policy for the irrst calendar year of any group of ten conse:ucive calendar years shall be returnable to the named insured p:ce2ded there is a reserva for rerunds at the end of the rench calencar year.
(5) Computation of Reserve Premium Refunds.
The reserve premiut:
refund due the na:ed insured for any calordar year shall be deter =ined by =altiplyinZ an/ industry reserve premium refund for such ca'endar yecr by the policy rerund ratio for such calender year.
The reserve prceium rerund for any calendar year shall be rinally determined as soon as practicable after July 1 of the tenth calendar year thercafter.
(6)
Final Pr eti:n The final prenium for this policy shall be the sum or itsadsed pecmiums fo: cach calendar year, or portion thereof, during cht:n this p:11:y rorains in torce less the sum of all tei ndc or reserve p:criurs due the nazad inFured under the pro.isions :: this C:nd: tion 1.
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INDUSTRY CREDIT PATI';C PLAN PREMILT!! E!;D0:15E!:P::T (Coat.)
(7)
Reserve Premian Refund Agrcement.
Each member of 1:utual Atomic Energy Liability L'adcruriters subscribing this policy for any calcrider year, or portion thereof, thereby cgrees for itself, severally cud not join tly,. cad in the respective proportion of.its lia'aility assur.:cd under this pel. icy for thcc caler.dar year, to return to the named insured that portion of any reserve premien refund due the named insured for that calcadar year, determined in accordance uith the provisions of this Condition 1.
Ece:tiv: I s.. t: of-To furin a put this Ei. m e.te.it December 2, 1976 of I'c!!ey ':o MF_91__
b e d to. Florida, Power Corporation April 15, 1977 1h : c: h:'
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NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
____.._y Waiver of Defenses Endorsement (Extraordinary Nuclear Occurrence)
(FACILITY FORM) the members of MutuatThe named insured, acting for himself and every oti.:n insure Atomic Energy Liability Underwriters agree as follows:
and
- 1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a'
Arisen out of er 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 the insurede, including, but not limited to:
(1) negligence, (ii) contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening causes, whether involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or g'overnmental innunity, and (3) any issue or defense based on any otatute of limitations if suit is insti-tuted within three years from the date on which the claimant firet knew, or reasonably cound have known, of his bodily injury or property damage and the cause thereof, but in no event more than ten years after the date of the nuclear incident.
The waiver of any such isnue or defense shall be effective regardless of whether auch issue or defense-may otherwise be deemed jurisdictional or relating to an ele-ment in the cause of action.
- 2. The vaivers 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 wrong-fully caused by the claimant; (b) Bodily injury auntained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence tckes place if benefits therefor are either payable or required to be pro-vided under any workmen'a compensation er occupational disease lau;
Vaiver of C.-fa.'ra9 Federse ent c o n t i r_'s_e.d.
'(Fa;c 2)
(c) Any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for dsmages only punitive in na ture, this exclusion does not apply to the extent that the clainantlhas sustained actual damagc3 measured by the pecuniary in-juries resul t'ing f rom such death but not to exceed the maximum amount other-wisc recoverable under such law.
3 The waivers set forth in paragraph 1. above shall be ef fective with respect to bodily injury or property dc.iacc to which tt.c policy applies under its te rms other than this.cr.dorscment.
Such valvers shcIl not apply to, or prejudice the prort cution or defense of
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any claim or portion of clcim which is not within the pc tection af forded under (1) The provisions of the relicy applicable te the financial protection required of the named insured, (2)
The agreement of in<lamnification between the nsmed insured and the Atoaic En.:et y Cenmis s ion mad: pursuant to section 170 of the Ator.ic En'ergy Act of 1954, as amended, and (3) Tne limit of liability provisions of sub.cection 170 c of the Atcaic Energy Act of 1954, as acended.
Such" waivers shall not preclude a def er.:e bcsed upon t!.c f ailure of the claimant to take teasonable steps to nittgate da.aages.
4
. Subject to all of the limitations stated in this endorsement end in the Atcmic Energy Act of 1954, as amended, the waiver: set tot th in paragraph 1. above shall be judicially enforceable in acco rdance with t hei r te r.cs ar.a inst any insured in en action to recover daroges tecause of 1.odily injury c.r property dcnc.cc to which the policy ap,lics a: prcct of financial ptetection.
5 As used herein:
" Ext ecordinary ruelcar occurrence" necns en event which the A:cmic Encrcy Cormi:s ion has det e rmined t o be an ext ri c t cinary n sel ea r ~occu rrence as defined in the Atotnic Energy Act of 1954, as amended.
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- 5. (continued)
" Financial protection" and " nuclear incident" have the meanings given them in the Atomic Ene rgy Act of 1954, as amended.
"Clainiant" means the person or organization actually sustaining the bodily injury or property damage and also includes his assic'nees, legal representa-tives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
EHective Date of this Endorsement December 2, 1976 To form a part FIF-91 af Policy No.
Imued to Florida Power Corporation April 15, 1977 Date of Issu-1HIS g.3c:nyt w iTFSIS^ !
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7 Countersigned by......
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NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Amendment of Condition h Endorsement It is agreed that with respect to bodily injury and property damage caused after the effective date of this endorsement by the nuclear energy hazard the figure $13,500,000 stated in Condition I4 of the policy is amended to read $28,125,000.
I Effective Date of this Endorsement December 2, 1976 To form a part of Policy No.
MF-91 Florida Power Corporation Date of Issu,
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Endorsement No.
8 Countersigned by AUTuoazzan RarassawT4rry 752
s NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS SUPPLEMENTARY ENDORSEMENT WA1VER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY 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 con:iidered as employed in connection with the activity +nere 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 Atonic Energy Com:nis-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.
Effective Date of To forrn a part this Endorsement December 2. 1976 af Poli:y No.
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9 Comitersigned br AUTHOSIZED Rrrarstsrain s b*
-A NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ' ATOMIC ENERGY LIABILITY UNDERWRITERS l
l 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 MF41 this Endorsement noromhor o io7A af Policy No.
Florida Power Corporation Date of Issu, April 15. 1977 g.; v r_TIO ""
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10 Countersigned by Attraoataan RznasaurAnyx i
32
NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ~ ATOMIC ENERGY LIABILITY UNDERWRITERS ADVANCE PREMIUM ENDORSEMENT and STANDARD PREMIUM ENDORSEMENT Calendar Year 1976 1.
ADVANCE PREMIUM It is agreed that the Advance Premium due the companies for the calendar year designated above is $
1.145.70 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 1.145.70 Reserve Premium 767.62 i
i Effective Date of To form a part this Endorsement December 2, 1976 of Policy No.
MF-91 Issued to Florida Power Corporation Date of Issue April 15,1/h7 g,,,,s it Ct f, tu "p
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11 Countersigned by AUTHORIZED REPRESENTATIVE
NUCLEAR ENERGY LIABILITY INSURANCE
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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 $ 14,850.00 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
$ 14,850.00 Reserve Premium
$ 10,764.00 Effective Date of To form a part this Endorsement January 1, 1977 of Policy No.
MF-91 Issued to Florida Power Corporation Date of Issue AprfA 15, 1977 gpWi TN\\ ' \\',,.,a. 2-'-
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s NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 1.
AMENDMENT OF ADVANCE PREMIUM ENDORSEMENT 2.
STANDARD PREMIUM AND RESERVE PREMIUM ENDORSEMENT l
3 ADDITIONAL PREMIUM DUE l
1.
Advance Premium i
It is agreed that the Amended Advance Premium due the companies for the calendar year 1977 is $45,677.59 2.
Standard Premium and Reserve Premium Subject to the provisions of the Industry Credit Rating Plan, it is agreed that the Standard Premium and Reserve Premium for the calendar year designated above are:
Standard Premium S45,677.59 Reserve Premium
$34,039.96 3
Additional Premium Due $30,827.59 Effective Date of this Endorsement January 1, 1977 To form a part up_91 af Policy No.
Issued to Florida Power Corporation April 15,1977 Date of luue
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Countersigned by Atrnsoanna nsennumms 7$*
s NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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 f acility 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. l 2.
As used here, " financial protection," has the meaning given it in the Atomic Energy Act of 1954, as amended.
Effective Date of January 1, 1977 To form a part MF-91 this Endorsement af Policy No.
Inued to Florida Power Corporation A EII'l#'^1977 P
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Countersigned by Attruoazzsa RsrauswrArni T$?
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NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDMENT OF COND'. TION 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 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 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 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.
Effective Date of January 1, 1977 To form a part MF-91 this Endorsement af Policy No.
Florida Power Corporation Issued to Date of Issu, April 15, 1977 g; u a ctmrt Tsi ms *s a,(
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Countersigned by Aurunuzzo RanusNTATTVE ss~
NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDMENT OF CONDITION 4 ENDORSEMENT It is agreed that with respect to bodily injury or property damage caused af ter ' the ef fective date of this endorsemer.t by the nuclear energy hazard the figurt $28,125,000 stated in Condition 4 of the policy is amended to read $31,500,000.
Effective Date of this Endorsement January 1, l'3/7 To forns a part MF-91 af Pohey ho.
Florida Power Corporatfun Date of Issua Anril 15-1977
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16 Countersigned by
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NUCLEAR ENERGY LIABCLITY INSURANCE
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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)
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 extraoedinary 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 th cransportation 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:
(i) 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 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 recoterable 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 injrry 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 i
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 j
i 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 j
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 cpplies as proof of financial protection.
- 5. As used herein:
" extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to e an extraordinary nuclear occurred 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 actiot. for damages on account of such injury or damage.
Effective Date of To fann a part this Endonement January 1.
1977 af Policy No.
W-M b d to Florida Power Corporation April 15, 1977 Date of Issue g r,cTy ("}..3..;_....
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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
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es;x MM 17 Endorsement No.
Countersigned by Aurnouzan Ranassmma
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NUCLEAR ' ENERGY LIABILITY INSURANCE
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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDATOR ENDORSEMENT It is agreed that Endo rs ement No. 1, " Amendment of Named Insured Endorsement,"
is amended to read:
It is agreed that Item 1 of the Declarations," Named Insured," is 1
amended to read:
Item 1.
Named Insured:
Florida Power Corporation City of Gainesville City of Alachua City of Bushnell City of Kissimmee City of Leesburg City of New Smyrna Beach and Utilities Commission, City of New Smyrna Beach City of Ocala Orlando Utilities Commission and Citv of Orlando Sebring Utilities Commission Seminole Electric Cooperative Inc.
City of Tallahassee Effective Date of De cembe r 2, 19 76 To form a part up 91 this Endorsement af Policy No.
Issued to Florida Powe r Corpo ration et al Date of Issu-ip;
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A1UTUAL ATOAIIC ENERGY LIABILITY UNDERWRITERS
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j Endorsement No.
Countersigned by _.
AUTuouzzo RsratssNTAMVE A*
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' NUCLEAR ENERGY LIABILITY INSURANCE
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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Increase Of Limit Of Liability Endorsement It is agreed that:
1.
The limit of liability stated in Item 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 of bodily injury or property damage caused, during the period from the effective date.of this endorsement to the date of temination of the policy, by the nu, clear energy hazard, 2
The limit of liability stated in item 4 of the declarations and the amended limit of liability stated in paragraph I above shall not be cumula t ive, and each payr..ent nade by the companies af ter the ef fect ive date of t his endorser ent for any loss or expense covered by the policy shall reduce by the a~ cunt of such payment both the 1imit of liability stated in Iten 4 of the declarations and the amended limit of liabtlity stated in paragraph I above, regardless or which limit of liability applies with respcet to the bodily injury or property damage out of which such los.= expense arises.
Ericetive Da:e of To form a part this Endorte:nent
- May 1, 1977 of pog;q. No.
01 Florida Power Corporation et _al Issued to Date of Issu-
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For the Subscribing Corim2nics
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/ MUTUAL ATO:.!!C ENERGY LIABILITY UNDERWRITE;',5 ll._
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-.A.UT110tIZLD R aratst N*AUVI Endars ment No.
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NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 1.
AMENDMENT OF ADVANCE PREMIUM ENDO"SEMENT 2.
STANDARD PREMIUM AND RESERVE PREMIUM ENDORSEMENT 3
ADDITIONAL PREMIUM DUE 1.
Advance Premium It is agreed that the Amended Advance Premium due the companies for the calendar year 1977 is 947.sgg.97 2.
Standard Premium and Reserve Premium Subject to the provisions of tLe Industry Credit Rating Plan, it is agreed that the Standard Premium and Reserve Premium for the calendar year designated above are:
Standard Premium s47.sgo.47 Reserve Premium s3s.493.38 3
Additional Premium Due $1.912.38 Effective Date of this Endorsement January 1, 1977 To for,m a part MF-91 af Pohey No.
Florida Power Corporation et al Date of Issue Mav 18. 1977 3, g,,:- :r' vm M 'O Ag.
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Endorsement No.
20 Countersigned by AUTuoanso R nuswTATrva E'