ML19332G232
| ML19332G232 | |
| Person / Time | |
|---|---|
| Site: | University of New Mexico |
| Issue date: | 11/27/1989 |
| From: | Michaels T Office of Nuclear Reactor Regulation |
| To: | Busch R NEW MEXICO, UNIV. OF, ALBUQUERQUE, NM |
| References | |
| NUDOCS 8912200363 | |
| Download: ML19332G232 (7) | |
Text
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NOV 2 7129 D::cket No. 50-252 4
Dr. Robert D. Busch Chief Reactor Supervisor Chemical and Nuclear Engineering 1
Department University of New Mexico Albuquerque, New Mexico 87131
Dear Dr. Busch:
SUBJECT:
UNIVERSITY Of KEW MEXICO - AMENDMENT TO INDEMNITY AGREEMENT We are enclosing herewith an anendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements," effective July 1, 1989. The amendments to Part 140 reflect the increase from $160 million to $200 million in the primary layer of nuclear energy liability insurance provided by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters. The amendment also conforms to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988" which was enacted on August 20, 1988.
Please signify your acceptance of the amendment to your indemnity agreement in the space provided and return one signed copy to Ira Dinitz, Senior Insurance /
Indemnity Specialist U. S. Nuclear Regulatory Consission Mail Stop 12E-4, Washington, D.C.
20555.
If you have any questions about the foregoing, please contact Mr. Dinitz at 301-492-1289.
Sincerely.
Original signed by:
Theodore S. Michaels, Project Manager Non-Power Reactor, Deconnissioning and Environmental Project Directorate Division of Reactor Projects - Ill, IV, Y and Special Projects Office of Nuclear Reactor Regulation
Enclosure:
l Amendment to Indemnity identical letters have been sent to cc w/ enclosure:
Docket Numbers 50-112, 57, 294, 326, 284, i
'See next page 83, 97/157, 116, 188, 150, 113, 199, 2, 223, 225, 139, 59, 134, 156, 193, 288, 264, 123, i
l 5, 146, 262, 77, 20, 142, 166, 186, 27, DISTRIBUTION:
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NOV 2 71989 i
Docket No. 50-252
_Dr. Robert D. Busch Chief Reactor Supervisor 4
Chemical and Nuclear Engineering i
Department
,i' University of New Mexico j
Albuquerque, New Mexico 87131
Dear Dr. Busch:
i
SUBJECT:
UNIVERSITY OF NEW MEXICO - AMENDMENT TO INDEMNITY AGREEMENT
]
1 We are enclosing herewith an amendment to your indemnity egreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements 6nd i
Indemnity Agreements," effective July 1,1989. The amendments to Part 140 reficct the increase from $160 million to $200 million in the primary layer of nuclear energy liability insurance provided by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters. The amendment also conforms to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988" which was enacted on August 20, 1988.
j Please signify your accepter.ce of the amendment to your indemnity agreement in the space provided and return one signed copy to Ira Dinitz, Senior Insurance /
t Indemnity Specialist, U. S. Nuclear Regulatory Commission, Mail Stop 12E-4, Washington, D.C.
20556.
If you have any questions about the foregoing, please contact Mr. Dinitz at 301-492-1289.
j Sincerely, l'
Theodore S. Michaels Project Manager Non-Power Reactor, Decomissioning and l
Environmental Project Directorate Division of Reactor Projects - III, IV, Y and Special Projects Office of Nuclear Reactor Regulation
Enclosure:
l Amendment to Indemnity j
Agreement t
cc w/ enclosure:
See next page
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. University of New Mexico Docket No. 50-252 i
cc: City Manager City of Albuquerque City Hall Albuquerque, New Mexico 87101
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UNITED STATES
-y NUCLEAR REGULATORY COMMISSION eI 5
w AswiNotoN, D. C. 20665 6
%..... **r Docket No.
50-252 Amendment to Indemnity Agreement No. E-47 Amendment Fio. 12 Effective July 1, 1909, Indemnity Agreement No. E-47, between the University of New Mexico and the Atomic Energy Comission, dated July 8,1962, as amended, is hereby further amended as follows:
The amount "$160,000,000" is deleted wherever it appears and the amount "$200,000,000" is substituted therefor.
The amount "$124,000,000" is deleted wherever it appears and the amount "$155,000,000" is substituted therefor.
The amount "$30,000,000" is deleted wherever it eppears and the amount "$45,000,000" is substituted therefor.
Paragraph 1, Article I is modified to read as follows:
1.
" Nuclear reactor," " byproduct material," " person," " source material,"
"special nuclear material," ar.d " precautionary evecuation" shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Comission.
The definition of "public liability" in paragraph 7 Article I is deleted, and the following is substituted therefor:
"Public liebility" means any legal liability arising out of or resulting from nuclear incident or precautionary evacuation (including all reasonable a
additional costs incurred by a State or a political subdivision of a State, in the course or responding to a nuclear incident or precautionary evacuatior;).
except (1) claims under State or Federel Workmen's Compensation Acts of employees l
of persons indemnified who are employed (a) at the location or, if the nuclear incident occurs in the course of transport 6 tion 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 ofwar;and(3)claimsforlossof,ordamageto,orlossofuseof(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.
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 claiment first knew, or reasonably could have known, of his injury or damage erd the cause thereof.
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Paragraph 1, Article IV is revised to read as follows:
1.
When the Commission determines that the United States will probably be required to make indemnity payments under the provisions of this agreement, the Comission shall have the right to collaborate with the licensee and other persons indemnified in the settlement and defense of any claim (including such legal costs of the licensee as are approved by the Commission) and shall have the right (a) to require the prior approval of the Comission for the settlement or payment of any claim or action asserted against the licensee or other person indemnified for public lie.bility or damage to property of persons legally liable for the nuclear incident which claim or action the licensee or the Commission may be required to indemnify under this agreement; and (b) to appear through the Attorney General of the United States on behalf of the licensee or other person indemnified, take charge of such action and settle or defend any such action.
If the settlement or defense of any such action or claim is undertaken i
by the Commission, the licensee shall furnish all reasonable assistance in effecting a settlement or asserting a defense.
Inparg$63,000,000"raph 1, Article VIII, the amount "$5,000,000" is deleted and the is substituted therefor.
amount FOR TliE U.S. NUCLEAR REGULATORY COMMISS10ft
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A -r-Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program llanagement Policy Development and Analysis Staff Office Nuclear Reactor Regulation Accepted 1989 By University of New Mexico v
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UNITED STATES 3
NUCLEAR REGULATORY COMMISSION 5
1 WASHINGTON, D. C. 20555 l
4,.....,d Docket No. 50-252 i
Amendment to Indemnity Agreement No. E-47
_Amenament no. 12 Effective July 1,1989, Indemnity Agreement No. E-47, between the Unive of New Mexico and the Atomic Energy Commission, dated July 8,1962, is hereby further amended as follows:
The amount "$160,000,000" is deleted wherever it appears and 5
the amount "$200,000,000" is substituted therefor.
The amount "$124,000,000" is deleted wherever it a the amount "$155,000,000" is substituted therefor.ppears and The amount "$30,000,000" is deleted wherever it appears and the amount "$45,000,000* is substituted therefur.
Paragraph 1, Article I is modified to read as follows:
1.
"special nuclear, material," and "precau,tionary ev,ac and the regulations issued by the Commission.the meanings gi and the following is substituted therefor:The definition of "public liabil "Public liability" means any legal liability arising out of or resulting from nuclear incident or precautionary evacuation (including all reasonablo a
additional costs incurred by a State or a political subd of perso(ns) claims under State or Federal Workmen's Compensation Acts o except 1 incident occurs in the course of transportation of the radioa the transporting vehicle use or transfer of the ra,dioactive material; (2) claims arising ou
, on of war; and (3) claims for loss of, or damage to which is located at the location and used in conn,ection with the licensee'sor l possession, use, or transfer of the radioactive material and(b)ifthe nuclear incident occurs in the course of transportation o,f the radioactive material, the transporting vehicle, containers used in such transportation, and the radioactive material.
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 and the cau,se thereof.or reasonably could have known, of his injury or damage l
l
t 2
f Paragraph 1, Article IV is revised to read as follows:
-1.
When the Commission determines that the United States will probably be required to make indemnity payments under the provisions of this agreement, the Comission shall have the right to collaborate with the licensee and other persons inderr.nified in the settlement and defense of any claim (including such legal costs of the licensee as are approved by the Commission) and shall have the right (a) to require the prior approval of the Comission for the settlement or paynent of any claim or action asserted against the licensee or other person indemnified for public liability or damage to property of persons legally liable for the nuclear incident which claim or action the licensee or the Comission may be required to indemnify under this agreement; and (b) to appear through the Attorney General of the United States on behalf of the licensee or other person indemnified, take charge of such action and settle or defend any such acticr.
If the settlement or defense of any such action or claim is undertalen by the Comission, the licensee shall furnish all reasonable assistance in effecting a settlement or asserting a defense.
Inparag$63,000,000"raph 1. Article VIII, the amount $5,000,000" is deleted and the is substituted therefor.
amount FOR THE U.S. NUCLEAR REGULATORY COMMISSION Y h.
B W
Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program tianagement Policy Development and Analysis Staff Office Nuclear Reactor Regulation Accepted __
,1989 By i
University of New Mexico l
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