ML19338F238
| ML19338F238 | |
| Person / Time | |
|---|---|
| Site: | Dresden, Quad Cities, Zion  |
| Issue date: | 02/10/1977 |
| From: | Oster J COMMONWEALTH EDISON CO. |
| To: | Saltzman J Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 8010100499 | |
| Download: ML19338F238 (14) | |
Text
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N i ) On) Fast National Ptna Chicago Ilknois "j
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~7 Addr:ss R:pty to: Post Office Box 767
,/ Chicago Illinois 60690 N
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'ic February 10, 1977 IE ifl Mr. Jerome Saltzman, Deputy Chief
[f Office of Antitrust and Indemnity L
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2 Nuclear Reactor Regulation j/
Ubh fj JUSy Nuclear Regulatory Commission j
Washington, DC 20555
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Dear Mr. Saltzman:
Si Pursuant to the requirements of part 140.15 j
5 of the Commission's Regulations enclosed are eight (8)
,f certified copies of the following:
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Docket No.
Station Policy No.
End. No.
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Sin erely C
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.ch J. Oster
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Insurance Coordinator
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NUCLEAR $NERGY LIABILITY INSURANCE w
e MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDMENT OF CONDITION 2 " INSPECTION; SUSPENSION" (FACILITY FOPE)
It is agreed that Condition 2 " INSPECTION; SUSPENSION" is replaced by the followi.;g:
- 2. INSFECTION; SUSPENSION.
The companies shall at any time be permitted bat 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
{,7 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, i
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or are in compliance vith any law, rule or regulation.
z If a representative of the companies discovers a condition which he believes L
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 cay, by notice to the named insured, to any other person or organization i
considered by the companies to be responsible for the continuance cf such dangerous condition, and to the United States Nuclear Regulatory Commission, suspend the 1
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 follewing the date that such Co: mission receives such notice.
The period of such suspent.,1on shall terminate as of the time statcd in a written notice from the companies to the named insured and to each such person or organization that such condition has been corrected.
To form a part MF-22 Effective Date of January 1, 1977 af Poh,ey No.
this Endorsement Commonwealth Edison Company January 14, 1977 Date of Issu-4
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MUTUAL ATOMIC ESERGY LIABILITY UNDERWRITERS
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Countersigned by AUTuouzzo RsraurxTAT:v N'
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NUCLEAR ENERGY LIABILITY INSURANCE
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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 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 a= ended.
Effective Date of To form a part January 1. 1977 af Policy No.
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(L NUCLEAR NNERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS WA1VER 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 extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which
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(a) arises out of or results from or occurs in the ceurse of the construction, i
L possession, or operation of the facility, or 5
(b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, If the insureds and the companies agree to waive j..
(1) any issue or defense as to the conduct of the claimant or the fault of 5I of the insureds, including but not limited to:
(i) negligence, i.
(ii) contributory negligence, (iii) assumption or risk, and (iv) unforeseeable intervening causes, whether involved the conduct of t
a third person, or an act of God, (2) any issue or defense as to charitable or governmental i=munity, and (3) any issue r 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 da= age 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 effectiv regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an
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element in the cause of action.
raph 1. above do not apply to
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2.
The waivers set forth in pro c (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 occurrencei 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 clain 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 l resulting from such death but not to exceed the maximum amount otherwise recoverable under such law.
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3.
The waivers set forth in. paragraph 1. above shall be effective only with respect
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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 frca 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 (o) which is discovered and for which written clain
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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
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indemnification between the named insured and the Nuclear Regulatory Commission j.
made pursuant to'Section 170 of the Atomic Energy Act of 1954, as amended; and 4:
(c) the limit of liability provisions of Subsection 170 c. of the Atomic Energy 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.
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- 4. Subj ect to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1..above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury or property damage to which the policy applies as proof of financial protection.
- 5. As used herein:
" extraordinary nuclear occurrence" means an ever.t which the Nuclear Regulatory Cor.raission has determined to be an extraordinary nuclear occurro j
as defined ir. the Atomic Energy Act of 1954, as amended.
" financial protection" and " nuclear incident" have tw ings given them in the Atomic Energy Act of 1954, as amended.
" claimant" means one 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 account of such injury or damage.
Effective Date of To fann a part this Endorsement Januarv 1. 1977 ng pog;y No, W-22 Commonwealth Edison Compahv Issued to January 14, 1977 Date of Issue _
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Countersigned by At,'rucuzan RzntssurAnys 75.**
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NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDMENT OF CONDITION 2 " INSPECTION; SUSPENSION" (FACILITY FORM)
It is agreed that Condition 2 " INSPECTION; SUSPENSION" is replaced by the following:
- 2. INSPECTION; SUSPENSION. The companies shall at any time be permitted but not obligated to inspect the facility and all operations relating thereto and to examine the insured's books and records as far as they relate to the subject matter of this insurance.
Neither tne right to make inspections and examinations nor the making thereof nor any adrice or report resulting therefrom shall consti-tute an undertaking, on behalf of er 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 esmpanies 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 organizatian effective 12:00 midnight of the n' ext business day of such Commission following the date that such Commission receives such notice. The period of such suspenaion shall terninate 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.
EfTeetive Date of To form a part this Endonement January 1, 1977 af Po! Icy No.
MF-54 Commonwealth Edicon Company
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RiATOLC ENERGY LIAE! Lily MUTUAL 39 Endoement go, O untersigngg
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. :UTUAL ATOMIC ENERGY LIABILITY UNDERWRITEI'S AMENDMENT OF DEFINITION OF " NUCLEAR ENERGY HAZARD" (Indernified Nuclear Facilitv)
It is agreed that:
1.
Solely with respect to an " insured shipe.nt" to which the policy applies as proof of financial protection required by the Nuclear Regulatory Commission subdivision (2) of the definition of " nuclear energy hazard" is amended to read:
(2) the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a) the territorial limits of the United States of 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 li=its 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 purcose 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.
EEective Date of To fonn a part this Endonement Januarv 1. 1977 af peijey No.
wu m we ison Company Issued to January 24, 1977 Date of Issua 4
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^0 Countersigned by AUTuon12ao RatausNTAT!YE
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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
.s follows:
1.
With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) ar.ses 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 i=munity, 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 affective regardless of whether such issue or defense may otherwise be deemed ju isdictional 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' compensarion 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 maxi =um amount otherwise recoverable under such law.
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3.
The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury or prbperty damage to which the policy applies under its terms other than this endorsement;, provide'd, 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 i
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 Co= mission made porsuant to Section 170 of the Atcmic 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 property damage to which the policy applies as proof of financial protectioc.
- 5. As used herein:
" extraordinary nuclear' occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurr0 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 account of such injury or damage.
Effe-tive Date of To form a part this Endorsement Januarv 1. 1977 af Policy No.
MF-54 Commonwealth idison Company Date of Issu, January 24, 1977
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Countersigned by Avrmosum Ranusmnvs T
t NUCLEAR ENERGY LIABILITY INSURANCE
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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDMENT OF CONDITION 2 " INSPECTION; SUSPENSION" (FACILITY FORM)
It is agreed that Condition 2 " INSPECTION; SUSPENSION" is replaced by the following:
- 2. INSPECTION; SUSPENSION.
The companies shall at any time be permitted but not obligated to inspect the facility and all operations relating thereto and to examine the insured's books and records as far as they relate to the subject matter of this insurance. Neither the right to make inspections and 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 faci'.ity or operations are safe or healthful, or are in compliance with any law, rule or regulatien.
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 organi=ation effective 12:00 midnight of the next business day of such Com=1ssion following the date that such Co= mission receives such notice.
The period of such suspension shall terminate as of the ti.ne 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 To form a part this Endorsement J.anuarv 1 u 1977 af Policy No.
wn Commonwealth Edison Compan,y Issued to January 24, 1977 g g ;3 TO CERTtW TH.t.T THIS IS A
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Countersigned by Aurnouza RzraunTmvu l
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'_;_m 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 ship::ent which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage inciden'.a1 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 transport.ation 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 Endonement Januarv 1. 1977 nf potrey No.
w-u Coemonwealth Edison Company January 24, 1977 Date of Issua p.g ;; Te ;f?i!N Tt:1.T TE!S ts A
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NUCLEAR ENERGY LIABILITY INSURANCE 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 extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which 9
(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:
(i) negligence, (ii) contributory negligence, (iii) assumption or risk, and (iv) unforeseeable intervening causes, whether involved the conduct of a third persen, or an act of God, (2) any issue or defense as to charitable or governmental im= unity, 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 af ter the date of the. nuclear incident.
The waiver of any r ach issue or defense shall be effective regardless of whether such issue or def. nse 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 er 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 payabic or required to be provided under any workers' compensation or occupational disease law; (c) any claim for punitive or exe=plary 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
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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 i
be judicially enforceable in accordance with their terms against any insured in an action to recover da= ages because of bodily injury or property damage to which the policy applies as proof of financial protection.
- 5. As used herein:
" extraordinary nuclear occurrence" means an event which the NuclearRegulatoryCommissionhasdeterminedtobeanextraordinarynuclearoccurrh 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 account of such injury or damage.
Effective Date of To form a part this Endorsement Januarv 1. 1977 af Policy No.
M"-64 Commonwealth Edison Company da January 24, 1977 ggy 33 IS TO CESTF TNT TM -
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