ML19332F394

Forwards Executed Amend 6 to Indemnity Agreement 79, Reflecting Changes to 10CFR140, Financial Protection Requirements & Indemnity Agreements Effective 890701

ML19332F394
Person / Time
Site:	Davis Besse
Issue date:	12/01/1989
From:	Shelton D TOLEDO EDISON CO.
To:	Dinitz I NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
1743, NUDOCS 8912140370
Download: ML19332F394 (3)

Text

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TOLEDO ,

EDISON 1

+ A Certerer Energy Comany i

DONALD C. SHELTON vc. pow.m, ,

Docket' Number 50-346 Fwf us em -

License Number NPF-3 Serial Number 1743- ,

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December 1, 1989 United States Nuclear Regulatory Comminsion Document Control Desk Vashington, D. C. 20555.

Attn: Mr. Ira Dinitz, Senior Insurance / Indemnity Specialist Mail Stop 12E-4 Subject - Amendment to Davis-Besse Indemnity Agreement ,

Dear Mr. Dinitz:

By letter. dated September 27s 1989 (Log Number 3075), Toledo Edison received an amendment to Davis-Besse's indemnity agreement. This amendment reflects

the changes to 10CFR Part 140, " Financial Protection Requirements and Indemnity Agreements, " effective July 1, 1989. -

Toledo Edison has signified. acceptance'of this amendment on the attachbd copy .

of-the Asendment to Indemnity Agreement Number B-79. '

'Very truly yours, M

LAH/ssg-attachment I cci P. M. Byron, DB-1 NRC Senior Inspector A. B. Davis, Regional Administrator, NRC Region III T. V. Vambach, DB-1 NRC Senior Project Manager 4

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THE tot.EDO EDISON COMPANY EDISON Pt.AZA 300 MADISON AVENUE TOLEDO, OHIO 43652 8912140370 891201 PDR ADOCK 05C00346-

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Docket No. 50-346 Amendment to Indemnity Agreement No. B-79 Amenament No. 6

,c .

Effective July 1,:1989, Indemnity Agreement No. B-79, between Toledo Edison ,

Company, Cleveland Electric Illuminating Company, and the Nuclear Regulatory l Commission, dated June 16, 1976, as amended, is here'y u further emended as follows: 1 1

The amount "$160,000,000" is deleted wheraver it appears and l

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

1The~ amount' "$124',000,000" is deleted wherever it appears -and -

1 the amount."$155,000,000" is substituted therefor. 1 1

The amount "$36,000,000" .is de'leted wherever it appears and  !

the amount "$45,000,000" is substituted therefor. l , 9

. . 1

_ Paragraph 1,LArticle I is modified to read as,follows:

1. " Nuclear reactor," " byproduct material," " person," " source material,"  :

"special nuclear material," and "precautiunary evacuation" shall have  ;

the meanings given them in the Atomic Energy _ Act of 1954, as amended, .

? and the regulations issued by'the Commission.-

The definition of "public liability" in paragraph 7, Article I is deleted, q and the following 13 substituted therefor. -;

i "Public liacility" means any legal liability arising out of or resulting from- -)

a nuclear incident or precautionary evacuation (including all reasonable =

additional costs incurred by a State or 'a political subdivision of a State, j in the course or responding to a nuclear incident or precautionary evacuation), )

except (1) claims under State or Federal Workmen's Compensation Acts of employees 1

-of persons indemnified who are employed (a) at the location or, if the nuclear  !

incident occurs in the course of transportation of the radioactive material, on the transporting vehicle, and (b) in connection with the licensee's possession, '

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

of war; and (3) claims for loss of, or damage to, or loss of use of (a) property '

which is located at the location and used in connection with the licensee's possession, use, or transfer of the radioactive material, and (b) if the nuclear incident occurs in the course of transportation of the radioactive material, the transporting vehicle, containers used in such transportation, and the radioactive material.

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

(c) 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 injury or damage and the cause thereof. -

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[' Docket Numbec 50-346

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,o i License Number NPF-3

. , +f 7. ., Serial Number.1743-Attachment -

g Page 2 of 2 2

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

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

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

.and the following substituted therefor:

Item 2 - Amount of financial protection

a. $1,000,000 (From12:01a.m., June 16, 1976, to 12 midnight, April 21, 1977, inclusive)

$125,000,000 (From12:01a.m., April 22, 1977, to 12 midnig t, April 30, 1977, inclusive

$140,000,000* (From 12:01 a.m., May 1, 1977, to 12 midnight, April 30, 1979,

$160,000,000* (From 12:01 a.m., May 1, 1979, to 12 midnig t, June 30, 1989 inclusive

$200,000,000* (From 12:01 a.m., July 1, 1989)

-FOR THE UillTED STATES NUCLEAR REGULATORY C0tWISS10N 0880 W:: .

l Cecil 0. Thomas, Chief I

Policy Development ano Technical Support Branch Program Management, Policy Development and Analysis Staff 1

Office of Nuclear Reactor Regulation l

l ll Accepted necember 1 , 1989 Accepted n ne na n ,- i , 1989

' 1 }

By / "kN By A' .

ToledoEdisogCompany ClevAlland Electric g Murray R. Edelman, President IllthfinatingCompany Lyman C. Phillips, President i

• and, as.of August 1, 1977, the amount available as secondary financial protection, o

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