ML19345A766
| ML19345A766 | |
| Person / Time | |
|---|---|
| Site: | Yankee Rowe |
| Issue date: | 04/23/1962 |
| From: | Price E US ATOMIC ENERGY COMMISSION (AEC) |
| To: | Coe R YANKEE ATOMIC ELECTRIC CO. |
| References | |
| NUDOCS 8011250111 | |
| Download: ML19345A766 (3) | |
Text
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Docket No. 50-29 APR 2 31962 Yankee Atomic Electric Company 441 Stuart Street Loston 33, Massachusetts Attention:
Mr. Roger Coe Vice President Centlement By letter of February 14, 1962 you received a copy of the formal indemnity agreement covering the activities licensed
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under AEC License Nos. SIM-325 and DFR-3. That letter in-
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dicated that due to Public Law 87-206, the agreement would have to be ;nodified to reflect the change in the definition of on-site property and the resulting exclusion of in-demnity coverage for damage to such so-called on-site Property.
This has been effected in the enclosed A:nondent No. I to your inde:mity agreement. This amendacnt i::rpic:sents the pro-visions of Public Law 87-206 and is effective as of Septe=ber 6, 1961.
You should cerefully examine the attach:acnt; any crrors hercin should be brought to our attention immediately and prior to t
your execution of the a:nondment. One copy of the executed amen &2ent should be returned to this office as soon as practi-cable Sin.:erely yours.
DISTRIBUTION:
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Eber R. Prke. Assistar.t Dirt: tor Public Document Room Di.ida cf bm.&2 and Raphtloo P. F. Travelstead, FIN l
Eber R. Price Bill Stewart, OGC I
Assistant Director Roger Huard Division of Licensing i
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UNITED STATES ATOMIC ENERGY COMMISSION 3
WASHINGTON 25. C.C.
f 4m o AMENDMEhi TO INDEMNITY AGREEMEh*r NO. B-17 AMENDMENT NO.
1 Effective at 12:01 A.M., September 6, 1961, the Indemnity Agreement No. B-17 between Yankee Atomic Electric Company g -.
and the Atomic Energy Commission dated February 14, 1962 is hereby amended as follows:
1.
Paragraph 6 of Article I is amended to read as follows:
6.
"Public liability" means any legal liability arising out of or resulting from a nuclear incident, except (1) claims under state or Federal Workmen's Compensation Acts of employees 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 radio-active material; (2) claims arising out of an act of war; and (3) claims for loss of, or damage to, or loss of use I.
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
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nuclear incident occurs in the course. of transportation of the radioactive material, the transporting vehicle, containers used in such transportation, and the radio-active material.
2.
Paragraph 2 of Article II is amended to read as follows:
i 2.
In the event of any payment by the insurer or insurers under a policy or policies specified in Item 5 of the Attachment hereto which reduces the aggregate limit of such policy or policies below the amount of financial protection, the licensee will-proeptly apply to his insurers for reinstate-ment of the amount specified in Item 2a of the Attachment (without reference to paragraph b of Item 2) and will make all reasonable efforts to obtain auch reinstatement.
In the event that the licensee has not obtained reinststement of such amount within ninety days after the date of such reduc-tion, and in the absence of good cause shown to the contrary, the Commission may issue an order requiring the licensee to-furnish financial protection for such amount in another form.
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2 3.
Paragraph 3 of Article II is amended to read se follows:
3.
Any obligations of th'e licensee under' subsection 53e(8) of the Act to indemnify the United States and the Com-mission from public liability, together with any public liability satisfied by the insurers under the policy or policies designated in the Attachment hereto, shall not in the aggregate exceed the amount of financial protection with respect to any nuclear incident, in-cluding the reasonable costs of investigating and settling claims and defending suits for damage.
4 The second paragraph of Paragraph 6(c) of Article II is amended to read as follows:
As used in this paragraph 6, Article II, and subparagraph x:
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4(b), Article III, "other applicable agreements" means each other agreement entered into by the Commission pursuant to subsection 170c of the Act in which agreement the nuclear incident is defined as a " common occurrence". As used in
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this paragraph 6, Article II, "the obligations of the licensee" means the obligations of the licensee under sub-section 53e(8) of the Act to indemnify the United States and the Commission from public liability, together with any public liability satisfied by the insurers under the policy or policies designated in the Attachment, and the reasonable costs of investigating and settling claims and defending suits for damage.
F0R THE UNITED STATES ATOMIC ENERGY COMMISSION i.:r.
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Eber R. Price, Assistant Directer Division of Licensing and Regulatica Accepted May 17, 1962 YANi~.rE ATOMIC EIECTRIC (X)MP/SY By
/s/RogerJ.Coe Reger J. Coe, Vice-President F
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