ML19345C584
| ML19345C584 | |
| Person / Time | |
|---|---|
| Site: | 07002936 |
| Issue date: | 10/01/1980 |
| From: | Mcgaughy J MISSISSIPPI POWER & LIGHT CO. |
| To: | |
| Shared Package | |
| ML19345C576 | List: |
| References | |
| 17533, NUDOCS 8012050584 | |
| Download: ML19345C584 (37) | |
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l BEFORE THE UNITED STATES NUCLEAR REGULATORY COMMISSION DOCKET NO. 50-416 In the Matter of MISSISSIPPI POWER & LIGHT COMPANY AND MIDDLE SOUTH ENERGY, INC.
APPLICATION FOR SPECIAL NUCLEAR MATERIALS LICENSE Mississippi Power & Light Company (MP&L) for itself and on behalf of Middle South Energy, Inc. (MSE)
(hereinafter sometimes joint v referred to as " Applicants")
hereby makes application for a Special Nuclear Materials License, pursuant to the provisions of the Atomic Energy Act of 1954, as amended, and the Nuclear Regulatory Commission's Rules and Regulations.
This Application consists of that information required by 10 CFR Part 70 to permit Applicants to receive, n m,-., -
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possess, inspect, store, and package for delivery'to a carrier,special nuclear material at Grand Gulf Nuclear Station, Unit No. 1, near Port Gibson, Mississippi.
Respectfully submitted, MISSISSIPPI POWER & LIGilT COMPANY il l
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ASSISTANT VICE PRESIDENT NUCLEAR PRODUCTION DATE:
October 1, 1980 Electric Building P.
O. Box 1640 Jackson, Mississippi 39205 l
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GRAND GULF NUCLEAR STATION - UNIT NO. 1 Application for License For Storage Only of Unirradiated Reactor Fuel and Associated Radioactive Material Mississippi Power & Light Company for itself and on behalf of Middle South Energy, Inc., pursuant to Title 10, Code of Federal Regulations Part 70, hereby applies for a license to permit the receipt, possession, inspection and storage of special nuclear material in the form of unirradiated nuclear fuel bundles, for the packaging of such fuel bundles -
for delivery'to a carrier, and for the receipt, possession, inspection and
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use of in-core detectors, and operational sources as herein described for the Grand Gulf Nuclear Station - Unit No. 1.
The term of the license is requested to begin December 1, 1980 for the in-core detectors and January 1, 1981 for the operational source and the fuel bundles.
It is i
requested that the license remain in effect until such time as it may be supplanted by a permanent operating license.
J September 12, 1980 4
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September 12, 1980 Page 2 1.0 GENERAL INFORMATION I
a.
Name of Applicants-4 Mississippi Power &; Light Company Middle South Energy, Inc.
b.
Address of Applicants 1
P.O. Box 1640 P.O. Box 61000 Jackson, Mississippi 39205 New Orleans, Louisiana 70161 c.
Organization and Management of Applicants a
Applicants are two corporations, MP&L and MSE, organized and
. existing under the laws of the States of Mississippi and Arkansas, respectively.. MP&L's principal of fice is located in Jackson, Mississippi and MSE's principal office is located in f
New Orleans, Louisiana, at the addresses stated previously.
Applicants.are not owned, controlled or dominated by any
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alien, any foreign corporation, or any foreign government.
l All of the Applicants' principal officers and directors are
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citizens of the United States. Their names and addresses are as follows:
MISSISSIPPI POWER & LIGHT COMPANY DIRECTORS j
Name Address Donald C. Lutken Jackson, Mississippi G. Lawrence Adams Natchez, Mississippi Norman B. Gillis, Jr.
McComb, Mississippi Robert M. Hearin Jackson, Mississippi J. H. Johnston, Jr., M.D.
Jackson, Mississippi j
Robert E.-Kennington, II Grenads, Mississippi John P. Maloney-Jackson, Mississippi 4
i Richard D. McRae Jackson, Mississippi Floyd W. Lewis New Orleans, Louisiana LeRoy P. Percy Greenville, Mississippi Robert M. Williams, Jr.
Southaven, Mississippi
'r. Walter Washington Alcorn, Mississippi D
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SNM Licecco i
Septemb:r 12, 1980 Page 3 PRINCIPAL OFFICERS Name Address Donald C. Lutken, President Jackson, Mississippi and Chief Executive Officer Norris L. Stampley, Senior Vice Jackson, Mississippi President of Production, Engineering and Construction l
John D. !!olland, Vice President Jackson, Mississippi Area Affairs W. Donald Colmar, Vice President Jackson, Mississippi 2
-Public Affairs and Environmental Matters Donald E. Meiners, Vice President Jackson, Mississippi Custosaer Services
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Frank S. York, Vice President Jackson, Mississippi Controller and Secretary Thomas A. Dallas, Vice President Jackson, Mississippi and Chief Engineer J. Stewart Frame, Vice President Jackson, Mississippi Personnel and Administrative Services Walton T. Woods, Jr., Vice Jackson, Mississippi President General Property and Services Alex McKeigney, Vice President Jackson, Mississippi Informational Services James P. McGaughy, Jr., Assistant Jackson, Mississippi Vice President Nuclear Production James R. Martin, Treasurer and Jackson, Mississippi Assistant Secretary Allan H. Mapp, Assistant Jackson, Mississippi Treasurer and Assistant Secretary 4
SNM License i-September 12, 19J9 Page 4 MIDDLE SOUTli ENERGY, INC, DIRECTORS Nar.e Address F. W. Lewis New Oricans, Louisiana D. C. Lutken Jackson, Mississippi J. L. Maulden Little Rock, Arkansas J. M. Wyatt New Orleans, Louisiana J. M. Cain New Orleans, Louisiana F. G. Smith,.Jr.
Blytheville, Arkansas PRINCIPAL OFFICERS Name Address F. W. Lewis, President New Orleans, Louisiana D. J. Winfield, Senior Vice New York, New York President - Financial Consultant Edwin A. Lupberger, Vice New Orleans, Louisiana President - Chief Financial Officer, Assistant Secretary and Assistant Treasurer John F. Vogt, Jr.
New Orleans, Louisiana Vice President D. C. Lutken Jackson, Mississippi Vice President D. C. Gibbs New Orleans, Louisiana Vice President Rodney J. Estrada, Treasurer New Oricans, Louisiana and Assistant Secretary Dan E. Stapp, Secretary New Orleans, Louisiana and Assistant Treasurer Frank S. -York, Jr., Assistant Jackson, Mississippi Secretary and Assistant Treasurer James R. Martin, Assistant Jackson, Mississippi Secretary and Assistant Treasurer.
SNM Licanzo Septenbar 12, 1980 Page 5 1.1 REACTOR AND FUEL 1.1.1 Identification of Reactor, Geographic Location, Docket and Construction Permit This application is submitted for Unit 1 of the Grand Gulf Nuclear Station..This unit is a BWR-6 boiling water reactor (251 inch vessel) designed and supplied by General Electric Company. The unit will have a rated core thermal power level of 3833 !!wt.
The station is located in Claiborne County, Mississippi on the east side of the Mississippi River.
It is located approximately 25 miles south of Vicksburg, Mississippi and 37 miles north - northeast of Natchez, Mississippi.
The unit was docketed in November, 1972 on NRC Docket Number 50-416 and was issued Construction Permit Number CPPR-118 in September, 1974.
1.1.2 Fuel Assembly Description Each fuel assembly consists of a fuel bundle and the channel which surrounds it.
The fuel bundle may or may not be channeled while in the storage racks.
A complete description of the fuel assemblies is contained in subsection 4.2.2 of the Grand Gulf Final Safety Analysis Report (FSAR) which is on file with the Commission.
1.1.3 Enrichment There are three bundle types. They are composed of (1) natural enriched (0.711% average) U-235, (2) low enriched (1.538% average) U-235, and (3) medium enriched (2.004%
average) U-235, respectively.
The highest enrichments contaiacd in each bundle type are (1) natural enriched bundle - 0.711% U-235, (2) low enriched bundle - 1.70% U-235, and (3) medium enriched bundle - 2.60% U-235.
There is no U-233, Pu, depleted uranium, or thorium in the assemblies.
The average initial core enrichment is 1.708% U-235.
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SNM License September 12, 1980 Page 6 The nominal fuel data for the 800 initial core fuel bundles is as follows:
Uranium U-235 Number per per UO Per 2
of Enrichment Bundle Bundle Bundle Bundles (w/o U-235).
(Kg)
(Kg)
(Kg) 92 0.711 183.04 1.301 207.65 252 1.538 182.94 2.813 207.54 456
-2.004 182.66 3.660 207.23 The total weight of'an assembly is approximately 316 Kg.
The weight of a fuel bundle is approximately 271 Kg.
1.1.4 Total Fissionable Material License is requested for a maximum of 810 fuel bundles with a total contained U-235 content not to exceed 2550-Kg.
The total weight of contained Uranium will not exceed 149,000 Kg.
These totals consist of the 800 initial core fuel bundles plus an allowance for 10 spare bundles with. enrichments no greater than 2.60% U-235.
There will be a total of 800 fuel bundles in the initial core. This total is composed of 92 natural enriched bundles, 252 low enriched bundles and 456 medium enriched bundles.
1 Natural uranium is contained in the 92 natural enriched
' bundles and also in the top 6" and bottom 6" of each rod in the low and medium enriched bundles. The total initial core weight of U-235 is eu 2497 Kg.
The total initial core weight of UO is ev 165900 Kg.
2 1.2 STORAGE CONDITIONS The control and accounting for special nuclear materials is in accordance with ANSI N15.8-1974, " Nuclear Material Control Systems for Nuclear Power Plants."
1.2.1 Storage Locations There are three principal locations where the fuel assemblies may be stored.
These include (1) New Fuel Storage Vault, (2) Spent Fuel Pool - Auxiliary Building, and- (3) Fuel Pool - Containment Building.
Appropriate descriptions and drawings of these areas are provided in the FSAR as referenced in section l
1.~2.3 below.
Fuel may also be stored in the shipping containers 1
in limited access areas according to the Interim.
Security Plan (see 1.2.5).
Such storage will be i
defined as "Long Term."
.SNM License
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- Adjacent Area Activities To the extent practical, no operations other than fuel and control components handling and storage will be performed in the fuel' storage areas..0ther activities will be administratively controlled.in these areas prior to fuel arrival on site.
1.2.3 Fuel Storage and Handling
- 1.2.3.1 New Fuel Storage Vault A complete description of the New Fuel Storage Vault including design criteria is contained in subsection 9.1.1 of the Grand Gul f FSAR.
1.2.3.2 Spent Fuel. Pool Storage - Auxiliary Building and Fuel Pool - Containment Building A complete description of the fuel storage racks in the containment and auxiliary buildings is contained in subsection 9.1.2 1
of the Grand Gulf FSAR.
1.2.3.3 Long Term Storage The fuel bundles will be stored in their shipping containers (described in section 2.2.1) inside a fenced limited access area. This storage area shall provide a secure location for the crated fuel bundles from: theft, vandalism, fire, and adverse weather conditions.
This includes protection from tornado wind loadings.
See Figures 1, 2, and 3 for drawings of this storage area.
1.2.3.4 Fuel Handling System - Auxiliary and Containment Buildings A complete description of the Fuel Handling System is contained in subsection 9.1.4 of the Grand Gulf FSAR, 1.2.3.5 Fue,1 Handling - Long Term Storage Transporting crated fuel bundles into or out of the storage site shall be done.in accordance with the Interim Security Plan (1.2.5).
The crates can be off-loaded or loaded onto the transporting vehicle with commercial fork lifts.
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1.2.4 Fire' Protection System 1.2.4.1 General Description - Auxiliary and Containment Buildings J
The materials used in construction of the fuel storage area are concrete and steel.
The fuel assemblics themselves and fuel racks are also constructed of;non-flammable materials.
Fire. protection is_provided by a hose connection and hose in the fuel-area.
A' complete description of the Fire Protection System is contained in' subsection 9.5.1 and Appendices 9A and 9B'of the Grand Gulf FSAR.
1.2.4.2 Fire Protection - Long Term Storage Fire protection for the Long Term Storage Area shall be provided by appropriate placement of portable fire extinguishers throughout the area in conjunction with the Plant Fire Protection System and Fire Protectioh Plan, FSAR 9.5.1, and Appendix 9B, respectively.
Non-flammable or fire retardant materials will be utilized where possible.
3 1.2.5 Control of Access to Areas Where Special Nucieog Material is Stored A description of the controls for prevention of unauthorized access to the fuel storage area is contained in the Interim Security Plan and is considered security confidential. This plan is submitted under separate cover.
Control of access to temporary. storage areas, as discussed in Section 2.2.1, is also covered under this plan.
1.3 PHYSICAL PROTECTION The quantity of U-235 (contained in uranium enriched to 20% or more in the U-235 isotope), or plutonium to be possessed under this license is less than the quantity specified in 10 CFR 73.1(b) of 10'CFR 73.
Therefore, the physical protection requirements specified therein do not apply. Physical protection is, however, addressed in the Interim Security Plan for protection of the received, unirradiated fuel bundles.
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SNH License:
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September 12,.1980:
Page 9-9 ;A 1.4 TRANSFER OF SPECIAL NUCLEAR-MATERIALS--
.1.4.1
- Fuel Shipments
~ General Electric Company will be-responsible for.the
- shipment of fuel to the plant site-from their Wilmington, N.C. facility. The fuel will be shipped in approved shipping containers.
If for any. reason fuel would have to be shipped back to the Wilmington facility from the plant, G.E. will be responsible for the shipment.
1.4.2.
Packaging of-Fuel for Transportation General Electric Company will be responsible for the packaging of fuel for shipment. This will include shipment from the Wilmington facility to Grand' Gulf as well as any 4
packaging of any feel which would-have to be shipped from the site to Wilmington.
i 1.5 FINANCIAL PROTECTION AND INDEMNITY Proof of financial protection in the amount of $1,000,000 is provided as Attachment A as required by 10 CFR 140.13.
2.0 HEALTH AND SAFETY 5
2.1.' RADIATION CONTROL 2.1.1
' Training and Experience The-technical qualifications for personnel with Radiation Protection responsibilities are described in Section 13.1.3 of the FSAR.
2.1.2 Contamination Monitoring Procedures for Radiation Protection are discussed in Section 12.5.3 of the FSAR.
Health Physics equipment is
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described in Section.12.5.2.2 of the FSAR.
Radiation survey inspections of the loaded shipping crates will-be performed upon receipt.
2.1.3 :
The frequencies and methods for calibration of instruments are discussed in Section 12.5.2.2 of the FSAR.
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- 2. 2 - NUCLEAR CRITICALITY SAFETY l
2.2.1 LStorage of Loaded Shipping Containers.
The fuel bundles may be stored in shipping containers.
If theysareistored in this way, the shipping containers
.will be stored in no more active array than they were during shipping. The shipping containers will be located in limited access areas according to the Interim Security Plan submitted under separate cover.
The fuel bundles are-shipped in a steel container (182 7/8" x 20 5/8" x 11 1/4") encased'in a wooden ~ shipping crate (206 3/4" x 29 3/4" x 31").
The container and crate are described in General Electric Company drawing numbers 731E674 and 829E209, respectively. They are licensed with the NRC under Certificate of Compliance 4986.
2.2.2 Nuclear Safety of Storage Location 2.2.2.1-Criticality. Control New Fuel Vault A safety evaluation of the_New Fuel Vault.
storage area is provided in subsection 9.1.1.3 of the Grand Gulf FSAR.
2.2.2.2
' Criticality Control Spent Fuel Pool and Containment Pool A safety evaluation of the Spent Fuel Pool and Containment Pool storage areas is provided in subsection 9.1.2.3 of the Grand Gulf FSAR.
2.2.2.3 Criticality Control Long Term Storage Fuel bundles in Long Term Storage will be stored in no-more active an_ array than they were during shipping. The storage configuration
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will be a series of piles of loaded shipping _
crates. Each pile will consist of a maximum of sixteen (16) crates. Each crate shall contain a maximum of two (2) fuel bundles. Each pile shall be stacked a maximum of three crates in vertical height. A twenty-five (25) foot minimum spacing shall be. maintained between each pile and the security fence.
This critically safe configuration will be maintained through the use of an anchoring system for each pile of crates.
Bundle enrichments are not considered in the layout of the stacked crates.
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- 2.2.3-
[ Moderation Control
' Analyses of the storage ircas take into account ~the
-effects of full and no moderation. Results show-that flooding or lack of moderation producesuno adverse effect on nuclear safety.
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. 2.2.4 Maximum Number of' Fuel Assemblics Out of Authorized Locations
. The maximum number' of fuel ^ bundles that will-be allowed out of approved storage locations is four. This is based on the minimum of five assemblies which, under optimum
. conditions of spacing, moderation,-and reflection, could j
achieve cirticality.
I 2.-2.5 Criticality Accident Requirements - Auxiliary and Containment Buildings Emergency procedures and drills in conjunction with l
detectors and instrumentation for a criticality accident-will be in place prior to fuel arrival on-site. Area Radiation Monitoring in the area of fuel movement and storage for criticality monitoring will be operable.
' Additionally, a criticality accident is not credible ender the storage-and handling conditions previously-described. An exemption is requested from the
. requirements of 10 CFR 70.24(b) as provided in 70.24(c).
2.2.6
. Criticality Accident Requirements -- Long Term Storage A criticality accident is not' credible under these i
conditions of storage. As provided 'in 70.24(d): of 10 CFR 70, exemption is requested from 70.24(a).. Exemption is.also requested from 70.24(b) as provided in 70.24(c).
2.3 ACCIDENT ANALYSES 2.3.1 Auxiliary and Containment Buildings
- Acci. dent Analyses for fuel handling equipment and. storage areas are provided'throughout Sections 9.1.1, 9.1.2, and
-9.1.4 of.the FSAR. The potential for accidents affecting the -safety of fuel in the storage areas is limited-to the dropping of fuel assemblies over the storage area. The seismic' design of the containment-and the auxiliary building, and of crancs, racks, and pools precludes'the credibility of more severe accidents.
In the unlikely event of a dropped fuel assembly in the storage areas, the consequences affecting safety.would be minimal. Due l
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Page 12 to-the spacing of the _ storage arrays,' a criticality r
- condition.would'not be possible under these accident
- conditions. The consequences-of the accident would be
- limited to the_ minimal effect of possible rupture of fuel.
- rods _and subsequent release of'unirradiated uranium dioxide fuel.
2.3.2 Long Term Storage Area 1
The potential ~ior accidents'affecting the safety of fuel.
in the long term storage area is limited to the dropping of loaded crates onto, or in close proximity to, the crate stacks. These unlikely accidents would not result-in a criticality _ condition. The design of the shipping crates is such as to prevent damage to the contained fuel bundles that would result in a release of unitradiated uranium dioxide fuel.
3.0 OTHER MATERIALS REQUIRING NRC LICENSE
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3.1 ' -TYPE, AMOUNT, AND CONDITIONS OF STORAGE Authorization is requested to receive, possess, inspect and use i
seven (7) antimony-beryllium (SbBe) neutron sources and other special nuclear material as outlined below. This is in addition to the fuel bundles previously described in this application for license.
Special Nuclear MaterialL(In-core Detectors)
Quantity Description Grams U-235 Activity (millicuries).
(See Note-Per-Per Below Detector-Total ~
Detector Total I
12' SRM Detectors
.0027
.016 5.85 x 10'0 7.02 x 10-5
-6
-5 16 IRM Detectors
.00074
.006 1.62 x 10 2.592 x 10 3
352 LPRM Detectors.00022
.07744 5.1 x 10 1.7952
-6
-5 10 TIP Detectors
.000744
.00744 1.62 x 10 1.62 x 10 NOTE: All of the above devices are sealed sources.
i Neutron detectors will be temporarily stored in the MP&L warehouse under the auspices of the Interim Security Plan.
Radioactive Sources Description Quantity Isotope Est. Activity Each Operational 14 Sb124 1400 Curies Source (Seven (7) operational sources with two (2) 1400 Curie pins each) 6
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SNM Lic;nse September 12, 1980 Page 13 The operational sources will be shipped in Icad filled drums approximately 47" tall and 31" in diameter, which meet DOT package specifications..The source is positioned within a 7" diameter x
?.5" long cavity which is centered in the drum and surrounded by lead sheilding. The cavity is scaled with a lead plug. This shipping container is a General Electric Model 1500 Shielded Container, licensed with the DOT under S.P. No. 5939. The operational neutron sources may be stored in the shipping cask in the containment building fuel pool, or in the normal use configuration in the reactor pressure vessel.
3.2 SHIPPING AUTHORI'ATION In addition to storage, authorization is requested for provisions to cover return shipping of the sources in their shipping containers to the suppliet. in case of damage to the sources or excessive decay of sources due to startup delays. Appropriate procedures and precautions will be utilized should this need arise.
3.3 RADIATION PROTECTION In addition to the shielding provided for the operational sources, radiation protection provisions will include:
- 1) proper labeling of storage location, 2) radiation surveys of the area, and 3) personnel radiation monitoring for individuals in the area.
S!D1 Licensa
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ELECTRICAL SWITCilYARD
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STORAGE f
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Long Term Storage Area Figure 1 a
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Septemb r 12, 1980 Page 15
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Typical Stack Layout Figure 2
SNM Licensa-
, September 12, 1980 Page 16 i
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3 Crates 3 Cratest
.O' 37.4 0' 3 Crates.
3 Crates t
3 Crates 2.48' x
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5 Stacks, 3 Crates liigh (not to scale) 1 1
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.S!Of License September 12, 1980 R
2 ATTACIDIENT A follows I
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c NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION 127 John Street, !!cw York, !!cw York 10038 Nudear Energy Labihty Pclicy No. Np 257 (Facility Form)
DECLARATIO N S fiississippi Power & Light Company and fliddle South Energy, Inc I:r n t. Named Insured 333,,,, Risk Manageinent & Errployee Benefits Dept., P.O. Box 61000, itew Orleans, LA 70161 (No.
Street Town or City State) 24th d2y of_ eptember 7 9, ma,,,,1,g,13,,,
em 2. Policy Period: Begin.sg at 12.01 A h!. on the the edettive da:e cf the cance!atan or terminarian of this policy, s 2ndard tic : at the address of the narr.ed insured as s:sted herein.
hem 3. Description of t Facility:
All of the premises including the land and all buildings and structures w,i;on of itississiopi Power & Licht Company's Grand Gulf t'uclear Station (includino but limited to Units 1 and 2) situated on a site consistino of approxirately 2200 acres and located on the east side of the 14ississippi River approximately 25 miles south of Vicksburg and 37 miles northeast af ?!atchez, Claiborne County, Mississippi.
Type The Opera:or ef the facility i, flississippi Power & Light Company and Middle South Enerov. Incm hern 4. The hmit of the cernpanies' labihn is $
1,000,000.00 susjeet to att the terms of this roticy h2ving reference thereta.
100.00 nem 3.,ga,,n<, p.,m,,
3 hem 6 These det!arat.ons anj the schedules for=ng a rart hereof give a complete description of the facihty, insofar as it relates to the nucl car energy hatard, except as noted Io Exceptions
" W * * "*b'nal This 13 to certi1'y tnat this 13 'a * * "
veen.< nt hu'ing the endoracnot@Ym.ser and being nado pa.-
- "'... ; as de of the ~ucicar Energy Liability %0V G t*""m
,a ed horcunder.
ignated hereon. lio Ine"ranco O OI Date of Issue
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.At-Liability Unierv..aing American Nuclearb m b
Nuclear Energy Liability Policy (Facility Form) 2/1/17 (Sceend Revision)
NUCLEAR ENERGY LIABILITY POLICY (FACILirY FORM) 1he undersotned enembers of Nuclear Energy Liability insurance Assotution, herein frer utled t'ie "cornranic$," each for itself, severally and not y mb, and m the resrectne preportinns hereinafter sta forth, agree with the msured, nameil m tLe d(claratums snade a part hereof, in consideration e.f the premium anJ in reliance upon the statements in the dnlarations and suh ect to the hnut of luhihty, exclusions, conditions and other terms t
of this policy-i g e,
,y Jg I COVERAGE A - BODILY INJURY AND PROPERTY DAM AGE b)ProJust nuruul; LI ABILITY To pay on behalf ef the insure.f:
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,pcrial oc!m m.meia!" and "6) product ruttri.rl" (1) til sums whxh the insured sha'l become icpily obhgated to ray hne tir ucamnps gnen thern in the Atomic Energy Act c,f 19H, or m as damages because of boddy mtury or property damage uused any I.iw amendatory thereof; by the nuc! car energy haurd. and the cornranies shall defend any
~,poir fud" muns any fuel element or fuct compnnent, solid or h,qu,d, i
Not apict the nsureJ at:ecine such boddy inrury or tronrry whgh las btcn uu.J or exposed to radation in any nudar reactnr; danuge anJ seeksne dar ages whkh ire puble under tFe terms f,... muns any were mate-rial ( t) con:aining byproduct material c f this rahcy; but the corrranies may make such mvesogarson, and (2) resultmg from the operation by any person or orpniution of negorancin and sut!cment of any claim or suit as they deern npedient; any nuclear facht) included withm the definition of nucicJr facility under paragra,,h (1) er (D thermf; sts taud apins the insured in any sxh suit and interest on (2) ry sudgment there(:n;
..A fidiri' muns <!ic feohry described in the declarations and in-AI ion &signattd m Item 3 of the declarations and all (3) Memiun:s on appeal bonds and on bonds to release attxhment' pronrly and opera'rons at such bication; n any sah suit. but withoat obligation to apply for or furnnh Sach bond"
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,7,,g,. the facdity" as de6ned in any Nuc! car Energy taihn P >N y muihty rnrm) issued by the companies or by Mutual (4) reaso#e empenses ether than loss of earnmgs, incurred by the Atomn Energy Lianbry (Jnderwriters. The term nucicar facility" also i nured as the companies' request-means
( t) ary nudear reactor, COVER AGF "t - DAMAGE TO PROPERTY OF AN INSURED (2) any equipment or device designed or used for (a) separating the AWAY FN THE FACILITY n, topes of uranium or plutonium, (b) processing or utilizing With rcspect to perty damage caused by the nuclear energy h:zard t fuel, or (c) handhng, processing or packaging waste, to rmrty of an i. sured whuh is away from the facihty, in pay to uipment or device used for the processing fabricating or I-suth muered those sums shich such msured would hne been lep!!y A ng uf speoal nuc! car rnaterial if at any tirpe the total amount obhued to ray as damages therefor, had sah property belonged to
,' such nuterul in the custody of the insured at the premises anot w r where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any com-COVER AGE C - SUBROGATION - OFFSITE EMPLOYEE hination thereof, nr more than 250 grams of uraniurn 235, WM n spur to bodily m.ury sustaintd by eny emplayte of an. mt
( 1) any strutturt, b.nin, excasation. Premises or place prepared or used for the Arage or dnpmal of waste,
.md ousul by the nudor cntrgy barard, to pay to the vort
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and mdudes the ute on which any of the foregning is Incated, all ptns.t.on urrier of sxh insurut all sums whnh suth u wo a other onrations tonductut on such site and all premises usul for such hau hetn cititled to recou r and scuin as damages
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per' n or organintion, had such perwn nr orgamation a. ae bten opt rations, kga;.v responsible for such bmidy injury, by reason of.oe rights
,,jcy,,,p f,,,,rl m foi/,ry" means acq : red h subroption by the payment of the benef:ts required of suth
( t ) "the facihty" n defined in any Nuclear Energy Liabrhty Policy cart:er under the applicable workmen's compensation or occupano'ul (lbbty f orm) issued by the tompanies or by blutual Atomic disease law. An emr!nier who is a duly quihfted self-insurer undtr 1.ncrgy Li2Nhn I nderwriters, or such law shill be deemcJ to be a workraen's compensatron carner withm the encanmg of this coserage. T his Coverage C a>es not apply :"
gy g gg gm ygg beds'y sntury sustamed by any person who n emplo)ed at and m d Imantial protection as nquired pursuant to the Atornic Enugy Act of pM L nr m W aiiendstory thereof, with reslur to Jny Jttmties or con ection with the faohty.
p rations mnductcd thereat; lins Courac C shall not mnstitute workmin's mmpensation mwranic
..,9
.., nuans any arraratus Jesigned or used to sustain as required unJer the laws of any state.
dr 6sion in a self supporting chain scaction or to contain a critical nuss of fissmnable material; f (a)FINITION OF INSURED 1he unquah41 word "msurtd ' iraludes"nurlm magy / marl' means the radioxtise, toxic, explosive or other DE
'he nar-ed irnured and (b) any other permn or orpniurion with haurdous properiirs of nudear material, but only if respect to his lept responsibihty for damaps beouse of lohly injury (1) the n:rdear material n at the facility or has been discharged or er pt perty dunage caused by the nudcar energy haurd.
dnpersed therefrom without intent to relinquish possession or
- 5. snion (h) abme does not indude as an insured the Umred custody therenf to any reason or organiurion, or Stet of A nerica or any of its agenoes (2) the nudcar material is in an insured shipment which is (a) in the M eet en Condition 3 and the other prmismns of this relit), the murse of tran<rnrtatinn, including handlitig and temporary storage inscame arrhes straratdy to each insured apmst whom dann n inditntal thereto. within the terntorial hmits of the United States rnade nr suit n brought.
of Ana tio. its rur rorn s or powessions. Puerto Rico or the Canal Zone. nd (b) away from any other nudur fadhty.
Y'"'"2 */'"" # """5
' E 'muit of sou,ne rnaterjat vsW nu&ar M.ucser used m this I+1 icy :
3 III " DEFINITIONS nutetul, etne fue l or waste. herem ol!cd material, (t) to the facil.
bc/ it selcy' means boddy insury, sakness or disease. indudmg sh I a nd at fa mmd by d.c United States of Arnerio, but dearn resultirs therefrnm. sustamed by any person; Miy d the tr.nsport stion of the matcrul is nur by predttsrmination to
- ; rc; rery dwaxe" rnea 15 physiol injury to nr destruction or radio-be interrupted by the re mmal of the materut from a trJnsporting ann-act..e enntammatenn of pryer:y and 109 of use of property sa meured.
u>2nce for any rurpose other than the cnntmuation of its transporta-dcst;qij or cantaminated, and loss of use of property while esacuated tmn. or (2) from the faohty to any other loution except an n lemni-et etNfrawn from use because possibly so contaminated or because of
- fied nudur faohty, but only until the r,teri.it is remened from a imr. nect danger of such contamination, transportmg mnsetance for any purpose other than the conhnuation of "n= rim mierul" means source material, spesial nuclear nuterial or its transirrtatnin.
sclear Energy Lubihty Pohcy (rmhty form) 2/1/57 (Second Revision)
Nu-t::o
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i
.' APPLICATI$N CF P3UCY This policy arctic,enly e $1firin~ury written claim is made against the insured, not later than two years after 1 Ar Trsperty damage (!) shkh is caused during the pohcy pero by rhe enJ nf the polky period.
the nale'ar energy haaard and (2) shich is discrnered and for whish rm g
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3-E X C L U S I O N S'
=R Thls rohcy does not arrty:
tions, in tune of race nr war, of any nuclear weapon or other
. (a) to any obbption for shich the insured or any urritr as his in.
instrutn,e.nt of war utifizing special nuclear rnaterial or byprodxt surer r-ar be held liable under any workmen's compensatinn, un; rnateru,;
emp:oyrrent compensation er dmbdity benefits law, or under anY (c) to boddy injury ut pro;erty damage due to war, whether or not s:rnelar law; declared civil war, insurrection, rebellion or revolution, or to any (b) euert with respect to fiability of another assumed by the insured act or condition incideer to any of the foregoing:
under contract. to boddy injury to any emplo)ce of the insured (f) to property danuge to any property at the location designated in arisma nut of and m the course of his em oyment by.the m.
Item 3 of the enlarations. other than aircraft, watercraft or ve-n:rsJ b t this ncluunn dnes ret a;' ply to khty mjury to any -
kd for hi@ay use, provided such aircraft, watercraft 3rsan wbn is not ernp'nyed at and m connettmo with the facihty ser schkfes are not used an connection with the operation of the if the insured has comphed wnh the requirements of the aprikahlc gg,g; worktnen s compensation or ouuptional disuse law respecting the snurmg of cornpensation benefits thereunder to his employees; (g) to property Januge to n#ar material in the course of transporta.
(c) =a liahhty assumed by the insurtd un !ct contract,..ths r than an tion to er from the facihty i luding handling or storage incidental asserrmn m a centract with another of the tubihty el any person
- thereto, or orpmration shah wou!d he smrcsed by law on Suth perwn or (h) under Courne H. In property damage due to negint of the in-
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orpnuation m the absence of an n; ress assumptmn e.f lubihty; sured to use all reasonable r, cans to sne and preserve the prop-(d1 a bRy injury or pra; erty darr. ace due ta the tran4 tining.
erty after knowledge of the ouurrente stsultmg in such property
- andhng or use at the tc.ca' ion deugnated in Itun 3 of the dettara-damage.
i CONDITidN e e,
' au, uussd durmg the ruticy perim! by the nuclear energy 1 PREMIUM lhe named insured shall ny the mnpanies the adume linur of the sonTan:6 liabihty stated in the dedarations as premium starcJ in the dednations, for the reiioJ from tie tila tise i +
date of this puluy through Duember 31 felionng Thereafru, at the
'.o lubihty et the n.mpanies for their obligations under Ont bepaning of cash calendar par shile this polky is in force, the name.
- . f and the npenses mcurred by the companies m conneuion with msartd shall pay the adunce fremium for such 3 ear to the ca.mpnio u n obbgmns, m(f ushng T he adunce prermum for each calendar yeJr shJll be st.lted (J) pynnnts in $ttthment of (lums and in satisfaction of judgrnents writrin norne given by the cornpnks to the named msured as m against the msurtds for damages because of boddy injury or prop.
presub'e print to or after the beginning of saih S ca r.
criy dim'ge, pynnnts made under parts (2), (5) and. (4) of Gncrage A and payments made in settlement of (laims under i.
Nih a.lanuc prenuums are otimated premiums only u
,5 rin thabic after caib IkurrFer 31 and after the firmmat.
' his Crntrages 11 and C; j
p.un the urnol prtmium for the precedmg punuum perio.
a!! be (b) p.iputats for openus incurrcJ in the investiption. negotiation.
{
- u. cu+td in au ont2nu t with the compmn tults. ratu. rating plans.
satlantnt and defense of any claim or suit, induJing. but not pra mms nd minimum prenums appliable en this insuran(c. If tht lismetd to. the rnst of such services by safaried emp!nyees of the i
i urned premmm thus computeJ for any premiura permd (scuds the compm<s. fus and expenses of independent adjusters, attorneys' a ha.e premium preumely raiJ for suih perm! the n.mnd mwrid fus and dnbursements espenses for capert testimony, inspection l
shu py the e ucss to the er mpanns; if los. the u mrans.s stuu s';
and arrraiu! of property, cumination, X-ray or autopsy or rnedi '
1 turn ta the named msured the t:ncarned rottenn pad by smh msaria c.d netnsts of any Lind, l
Tre nan ej insured shall rnaintain recorJs of the iniornation ructs-(c) paymsnts for espenses incurred by the companies m investigating sary for rrermum conTutasa ani shall send cories of such runids ta an occurrence resufring in boddy injury or property damage or in
.I the cornpames as directed, at the enJ of each calenJ2r Sear, at the and minmsi<ing its effects.
of the polgy period and at such other times during the pofky ptriod Lh pment nude by the compnies in discharge of their obligations as tr e comprues may direct.
undtr tbn pidny or for cxpenses incurred in connection with such obliptons sluH reduie by the amount of such payment the firmt of the INSPECTION: SU5 PENSION The <nrnpnits shall be pernutrid in -
< nmpa n n s lubday under this policy.
2 insmt the ruairy ana m --ne ihe msurm b~ts aaa sm-as ai
. u. du,;ng the poiay pe,ied er subsesuee, thereto the to,ai of,uch any tstre, as far as they relate to the subsst matter of this msurante.
g p.mtnts m.sJe by the (nmpnies shall exhaust the limit of the com-4-
1 I! a rerresentatise of the compames dis <osers a conddion w hith he paits' luhihti under this policy, all liabihty and obliptions of the btheses to be unduly dangerous with respect to the nu! ear entrgy compmes under this policy shall thereupon terminate and shall be huard, a repreentatre of the compnies cuy rcquest that such conJr.
rundusistly proumcd to hne been discharged. This policy, if not tion be cc treticJ without delay. In the esent of non cont unce with ticretofore cancehl, shali thereupon autonutical!y terrninate.
l
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n - regen, a representatne of the con pnies nuy, by, 9 the numb r of premiums whnh shall be payahie or paia, the limit norne to the
- m.prdfos of the number of years this roficy shat! contmue in force na-el msured, to any other person or org3mntion wnudered by the i
cepmes to be responsib!c for the cnnemu mce ol yn h J.mgerous the companies' liability stated in the declarations shall not be c
to.mdation, and to the t* cited States Atamic Encrgy Comnussen, sus-s umutarne from >or to year.
pend the insurance with respect to the rumed insurol and s;nh o hcr rerson or nrpnization efiestne 12:00 midnight of the not buuness day of such Commissmn foliaming the d2tc th2t such Cummiumn LIMITATION OF LIAtiLITY: COMMON OCCURitENCE Any occur-reunes suth notice. The reriod of such suspension shall ttrournte as rsnu or scrus of occurrences resulting in boddy injury or property.
of t'3e rinse statcJ in a written notice from the compnns to the rumed Januge arnmr out of the radioxtive, tuxie, explosive or other huard.
int.reJ and to each such person or orpniution that su(h sondition has ous prni crtas of bun corrested.
(a) mn!ar marstial diuharged or dispersed from the facdity oser a pirn! of dus. wecks. raonths or longer and also arising out of LIMIT OF LI A81LITY: TEltMINATION OF POLICY UPON EX.
.tuib properties of orber nutlut material sn discharged nr d.s-
' 3 N AusTiON OP tiMir neprates, of ihe number ef persons ana..
rer'ea f -m ene er rnere ether nucicar fa<aities insurea br the organnutians sho are mscreds under this polMy. and regardless of the son pnns under a Nuclear Energy Liability Pohey (racility i-number of claims truje 2nd suits brought apinst any or all insureds f orm), or because of one or more occurrences resulting in boddy injury or pmp.
(b) source materut, s; eci21 nuclear materia!, spent fuel or waste in the f
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y.* csme pf transportation for which insurance is, afforded under this property. 'ne insured shall include in the proof of loss a copy of all
' pc'.cy and a!so aroirg out cf such properties of other source descriptions and schedules in all aoticies Upon the companies' request, rnaterial, special nuclear rnaterial, spent fuel or waste in the course she insured shall furnish serificJ rians and srecilications of any such
' ci transportation for which insurance is afforded under one or property. The insured, as often as may be reasonably required, shall ex.
reote other Nuclest Energy Liabdity Policies _(Facility form) is-hibit en any person designated by the companics any of such property, sued by the comparues, and submit to exarninations under oath by any person named by the
~ hall k deemed to be a entamen occurrence resuhing in bodily injury or n,mnanies and subscribe the same; aref as often as may be reasonshly s
- properey darnage caused by the nuclcar energy hantd.
required, shall produce for examination all rmols nf auount, retords, biHs. insmces and other southers, or urtified copies thereof if originals,
With respect to such boddy injury and property damage (1) the total h' I"' 8' 5"'h reasonaMe time and place as may he designated by the aggregate liabihty of the co npanies under all Nudear Energy Liability
'"enpanies or their representatives, and shall permit extracts and copies
' Pohcies (Facihry form), including this policy, appbcable to such com-thereof to be made.
anon e.ccurrence shall be the sum of the limits of liability of all such ochcies, the limit of liabihty of each such policy being as determined by Ccrdtion 3 thereof, but in no event sha!! such total aggrepte lia-APPRAISAL,- Coverage B in case the insured and the companies {Q bihty cf the companies exceed $M,500,000; (2) the total liabdity of shall fail to agree as to the amount of troretty damage, then, on the
' the cor-panies under this po: icy shall not exceed that proportion of the wnnen demand of either, cath shall select a cornpetent and disinterested total agrepte liabihty of the ccmpanies, as s'atol m riause (1) above, appraiser and notify the other of the apprmer selected within twenty shich,4) the hmit of habdity of this roiky, as dererrnmed by Condi-Jan.f sush de man l 'the altraisers shall first selut a compctent and ihuntcrtsr d umpire an I, fashng for f;fteen da>s to agree upon such tion } :.e2rs to (b) the su n of the bmits of habihty of all such pohcn s e
issued by the cornpanies, the limit of habdity of ca(h such policy being umpire, then, on requor of the insured or the companies, such umpire as deterrnined by Condition 3, thereof.
shall be selected by a pdge of a enurt of record in the state in which The yrovisions of this cenition shall not the property is located 'the appraisers sha!! then appraise each itern of of the companies
- liabihty under this polny. "Perate to increase the limit property damage and, faihng to agrce, shall submit their difrerences only to the umpire. An award in s atmg. so arcmited, of any two C"
' ("*1'3" c5 5 'N CT""nc C '""Mt 0/ ri"Pftly NOT of bodm, ICE OF OCCURRENCE, CLAIM OR SUIT in the esent. :n:ury or property danuge to whkh this potny applies or eg nnnws of the appianal and umpne shall be paid by the parties
)"
damage.1.ach appraner shall be paid by the party scinting him and the an c.-urence which may gn e io daurs tScrefor, w ntten nose caiua!!y. The u mtants shall r.c r be ! cid to have waved any of their contarr.g rarticulars sum:nent to identify the rnsured and also reason' rights by as.y att relatmg to appraisal.
abiy mamab!e mformat.ca wh respect en the tune. F ate and orcum-l
. stances thereof, and the names and sddrous of the inrured and el assilave warnesses, shall be gisen by or for the insured to Nudcar SUBROG ATION in the estnt of any payrient under this pohn, the ((
Enerc+ Liabihty Insurance Association or the mnTanics as soon as companies shall be subn.pto! to all tbc in ured s rights of recovery prauade. li daim ts ma'e or suit is brought agaimt the insured, he thirtfor against an, p rwn or nrpnintion, and the insured shall ex-shall r.medurely forward to Nudear Energy Lubihty Insurante Asso.
nute and aliu r mstruments an.I partr$ and dn whateser else is ciation or the companies escry demand, notice, summons or other pro-metuary to sisure such rights Prior to Lwmic.fge of Inddy injury or cess received by him or his representative, propertv damage taused by the nochar energy luurd the insured may
. s ritmg any right of ruoury spimt any person or organia.
want tk r siuh knowlehe the imured shah not wahe or otherwise
'd A5515TANCE AND COOPERATION OF THE INSURED "Ihe in,
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' 5"'h nW of recomy-sured shall cooperate with the com;anies and, upon the comranics' 10 ' mpanks henb> wane any rights of subroprion acquind request attend hearings and trals and assist in making settlements.
m he Un red $ rates of AmtrKa or any of Its JgerKies by ruson of snurir a and giving evideme, obtaining the attendance of witnesses and in the ionduct of any lept proceedings in connection with the sub c,
ayment under rius poluy.
i rnatter of this invarance; The insured shall not, except at b own cos I e mmpanin do not rehnqun, h. by the foregoing prosisions any make any payment, assume any obliption or incur any expense.
.ight to rotitutien Inem the insured out of any ri3ovsno maJe by the insured on astount of a ton amered by this poluy of any arnounts s.a which the companio would be intitled had such prminons, or any of AGAINST COMPANIES - Coverages A N
thtm, not been mtlu&d in this poht).
7 ACTIONatrion shall he apimt the companies or any of them unk u
on.
dition procedent thertta the in used shall bne fully compheu s m all OTHER INSURANCE If the smurance affordi,1 by this pnbsy for loss 1 ")
the tems of thrs pohcy, cor unt:1 the amount of the insured's twytion to pay shall have been finally deterrmncd either by judgment against the or cupen" as concurnnt wuh emuranic affookd for such fon or ex. AL imured after actual trial or by written agreement of the insured, the pmse by a,Nudtar Eru igy liabihty polny (l'acihty f orm) issued to the named snsured by Nutual Atomic 1:ncrgy Liabihty Und(rwriters.
clainw.t and the companies hereinaf ter called "coniurrent imur.mce," the compames shall not be Any yerson or orpniu:ron or the lept representatne.nercof who hate under thn pohty fur a greater Proportion of such loss or expense has sewed such judgment or written agreement shall thereafter be man the lume of liabahry stated in the declarations of this pohcy bears entitled to recoser under this policy to the extent of the insurante to the sons of suih hnut and the hmit of !iability stated in the declara.
afforded by this policy, No person or orpniution shall hne any right hons of such concurrent pohcy.
under this polic) to som the companies or any of them as partics to any If the imured has other wahd and collettib!c insurance (ut,her than action apinst the insured to deterrmne the insured s li.ibihty, nor shall sut h wnturrons insurame or any othtr nuth.it entrgy liabihty amurance the cc: panies nr any of thern be impicaded by the insured or his lept representative. Bankruptcy or ansohency of the smured or of the m.
toutil by the companiss ur Mutual Atomic linttgy I ubility Un&rwrit.
sured i estate shall not rebese the companies of any of their obbations ers to any pctson or orpnintion) applicable to loss or empeme covered by this roh6y, the insurance affor&d by this pohry shall be excess in-hereu.Mer.
surance over suc h other insurante; prmided, With respMt to any person wh.. is not empin>cd at and in mnnntmn with the facility, such insur-ACTION AGAINST COMPANIES-Coverage B No suit or attinn ame as a affor. led by this pony for bo&fy injury to an cmployee of 3
3 on ths policy for the recoser. of any clum for prnperty damage in the imured anting out nf an.1 in the warw of his employment shall be which Coverage B apphes shall be sustameie m any wurt of law or pnmary imuranic under such other insurance.
eq.nty unless all the requiremems of this pobcy shall have been com.
phed sich and unless commenced within two > ears after the enurrence resulteg in such property damage.
CH ANGES Notite to any agtnt or knowkdge posstwed by any agent ]
or by any ottaer rerson shall nat effect a waiver or a change m ary part et tha pony or utop the tempanies from asserting any right under the WtuREF5 DUTIES WHEN LOSS OCCURS - Coverage B tiens of ins poh(); nor shall the terms of this policy be waived or 9 In the esent of property damage to whkh Cmerage 11 apphes the m' thinu d. eut;t b) endorsement nsued in Imm a part of this policy sured shall furrmh a complete inventor) of the prnperty damage o.iuted by Nuritar l~nergy laabihty Insurance Association on behalf l
dur ej. showmg m detail the amount thacnf Withm, mnerpene das of the companks.
i after tne onurrence resultmg in such property darnsge, unicss su.h tirne s c atenJed m u nterg by the companies. the insured sha'l render to the ccmpames a proof ef las. signed and sworn to by the insured.
ASSIGNMENT Assignment of intcrtst by the named insured shall not 1g statir; the knowledge anj behef of. the imured as to the following:
hmJ ihe comparues unto their cnnsent is endarsed hereon; if. howeser, 17 idend:at.an of such oaurtence; the interest of the imured in the tM rumed insured shall die or be dedared oankrupt or inschent, this propen, destro>cd or damaged, anj the amount of each itern of prop.
policy shall cmcr su.h imured s lept representative, receiver or trustee crty da!, age claimed; all encurrbrances on such property; and all other as an insured under this pohcy, but only with respect to his liahhry as contracts of insurar e, sh e salid r cri a of such such, and then only prouded wr tten notice of his appointment as lep!
44
' representati,ve, receiver or trustee is given to the companies within ten (b) In any action or suit against the companies, service ci process may days af er such appointment.
be inade on any one of them, and such service shall be deemed valid and bindmg service on all eompanies.
(c) Nuclear pnergy Liabdity Insurance Association is the agent of 7 C CANCELATION This policy snay be canated by the riamed m.sured by the companies with respect to all anatters pertaining to this insur.
kJ rnaihry to the companies and the Unned States Atomic Energy Com.
ance. All notices or other communications acquired by this pohcy missics sneten norge stating when, not less than thirty days thereafter.
. to be gisen to the companies may be given to such agent, at its such camelation shall be eficcine. 'Ihis polwy may he carneled by the office ar to John Strett. New York 38, New Yosk with the sarne tomrms by maihng en the named msured at the address shown m this forte al cht as if gnen directly to the cornpanies. Any itquests pub v anJ ta the Umted States Atomic Energy Commminn written natue demands ut agreements rnade by such agent shall be deemed to starme when, not less than nmety days thereafter, such cancelation shall have been made directly by the companies.
be crimne; provided in the esent of non pa> ment of premium or af the oretator of the facdsty, as designated in the declaratmns, is replaced by ancther retson or orgamration, this policy may be canceled by the AUTHORIZATION OF NAMED INSURED Except with respect to 1 ey enmpe es by maihng to the named insured at the adJtess shown in comphance with the obliptions imposed on the insured by Conditions 1g this pary and to the Unced States Atomic Lnergy Cornmisuon wntten 5,6,7.8.9.10 and II of this pohcy, the named insured as authorized narice stating when, not less than thirty dap thereafter, su4h cancela.
to act for every other insured in all snatters pertaining to this insurance.
tg., r%Il be erfectwe. The rnai!ing of nuise as afnrc< ail sha!! he suthe proof of notice The effeetne date and bour of unufation CHANGES IN SUBSCRIBING COMPANIES,AND IN THEIR 1O stated a the entge shall buome the end r,f the poho rerinJ. Ddistry of such wroten notice either by the narned msured or b> the companics PROPORTIONATE LIABILITY lly muertance of this pohcy the named 10 shall N equivalent to rnadmg.
insured agrees that the members nf Nuclear Energy Liability Insurance
+
' Assocution liable under this poh:y, and the proportionate liability of U; e rt rminatann or cancelation c.f th.is polay, other than as of the uth such memhtr rnay change from year to year, and further agrees-end or Duernber 31 m any year. the urneJ premium for the pennd that reprdless of suth things:
this featy has been in force since the precedmg Dwember 31 shall he a
compued m auurdance with the followmg provisiuns:
(I) cath wmpany subscrib.ng this puh.ty upon its sssuance sh:!! be tuhte only for its stated proportion of any obligarir,n assumed or.
(a) e, :nq puf ky is ternanated. rursuarst to Conthtmn \\ by rumn 'h, expense mcurred under this polny bxause of boJdy in;ury or t e exhaustmn ni the hmit of the comranses -lubdity. all premium property dunage cauwd, during the period from the eftett.ie date enremfore paid or ratab:e sha!! be fully earned, of this pdgy tn the close of December 31 next following. by the (b) si the rumcd msured unccis, the urned premium for such ps.J nutfear energy hazard; fr.r each subsequent calendar year, begin.
s s!! be inmputed m rcardance with the customarv annual shner nmg.lanuiry I nut folinwing the effectne date of this po! icy, the.
rce t25:e and protehre, prusided if the ramed sured cancels suburibing contanies and the proportionate habihty of carh such aN r innwiedge of b..ddy in;ury or prn; erty damap caused by the rompany shat! be staruf m an enJntsernent issued to form a part naior energ, hua:J, all prenuums thentofore paid or payabic of this p> lay, duly executed and attested by the General Atanager j
shat! be fully earned, of Nuticar Energy I.iabihty Insurance Association on behalf of uth such company, and rnaded or delivered to the named insured *-
(() if the companies cancel, the earntd premium for sush pen. d shall o
F i :on.puesd pro rata.
U) this policy shall remain cnntinuously in effect from the effective date stated in the delarations until terminated in accordance with prem6.m adiustment, if any, nur be inade echer at the time ranulation Condition 3 nr Condition 15; is ef!ved or as snan as prattuab!e after canulation buornes eEcttise. :
but ra mtnt or tender of unorncJ premiurn ja not a condition of.
(1) neither the liabihty of any cornpany nor the limit ofliability stated l
unse:,:mn.
in the dettarations shall be cumulative from } ear to year.
DECLARATIONS 11) satpranic of this polky the rumed insured agrees COMPANY REPRESENTATION tiur the starm nts m the Jnlarations are the agreem nts and repre. 1h
!j-(a). w 'norur. sworn state ment nr proof of brs whah may be re.
sentatens of the named insured, th.it this policy is issued in rehance i,.md by the proviuons of this polity may be givtn to any one nron the truth of such representations and that this pohcy en bodies a!!
4 the u,mpanu s, and su h nntice, statement or prnni of loss so aeretmems betwn the named insurtd and the companies or any of gnen shall be valid and binJmg as to all cornpames.
their agents relatmg to this insurance.
Is Wrss Tertiiror, cath of the suburibing wmpanies has caused this robo to be esetuted and attested on its behalf by the General Afanager of NWear i nergy Liabihty Insurance Association and duty countersigned on the ddlarations page by an authorized representatise.
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NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION
'lNDUSTRY CREDIT RATING PLAN PREMlUM ENDORSEMENT
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It is agreed that Condition 1 of the policy is replaced by the following:
CONDITION 1. PREh!IUSI (1) D:finitions: With reference to the premium for this poli:y:
" 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 a:cordance with the companies' rules, rates, rating plans (other than the Industry Credit Rating Plan), premiums and minimum premiums applicab!c to this insurance;
" reserve premium" means that partion of the standard premium paid to the companies and speci5:a!!y 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 designated as such m the Standard Premium Endorsement for that calendar year;
" industry reserve premium", for any calendar 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 hiutual Atomic Energy Liability Underwriters and subject to the Industry Credit Rating Plan;
" policy refund ratio", for any calendar year, is the ratio cf the named insured's reserve pre-mimn for that cal:ndar year to the industry reserve premium for that calendar yeat;
" incurred losses" means the sum of:
(1) alllosses and expenses paid by Nuclear Energy Liabi:ity Insurance Association and h!u-tual Atomic Energy Liability Underwriters, and (2) all reserves for unpaid losses and expenses as estimated by Nuclear Energy Liability In-surance Association and hlutual Atomic Energy Liability Underwriters because of obligations assumed and the expenses incurred in connection with such obligations by members of Nucl:ar En:rgy Liability Insurance Asso:iation and blutual Atomic Energy L'iability Underwriters under all Nuclear Energy Liability Policies issued by Nuclear Energy Liability Insurance Association and hlutual Atomic Energy Liability Underwriters and sub-ject to the Industry Credit Rating Plan; "rescrve for refunds", at the end of any calendar year, is the amount by which (1) the sum of allindustry reserve premiums for the period from January 1,1957 through the end of such calendar year exceeds (2) the total for the same period of (a) allincurred losses, valued as of the next following July 1, and (b) all reserve premium refunds made under the Inoustry Credit Rating Plan by members of Nuclear Energy Liability Insurance Association and hiutual Atomic Energy Liability Underwriters;
" industry reserve premium refund", for any calendar year, is determined by multiplying the reserve for refunds at the end of the ninth calendar year thereafter by the ratio of the indus.
try rcscrve premium for the calendar year for which the premium refund is being determined to the sum of such amount and the total industry reserve premiums for the next nine calendar years thereafter, provided that the industry reserve premium refund for any calendar year shall in no event be greater than the industry reserve premium for such calendar year.
(2) Payment of Advance andStandard Premiums The nam:d insured shall pay the companies the advance premium stated in the declarations, for the period frem the efTective date of this policy through December 31 following. Thereafter, at the beginning of each calendar year while this policy is in force, the named insured shall pay the advance premium for such year to the companies. The advance premium for each calendar year shall be stated in the Advance Pre-mium En,dorsement for such calendar year issued to the named insured as soon as practicable prior to or after the beginning of such year.
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Nuclear Energy Liability insuranca NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION As soon as practicab!c after each December 31 and after the termination of this policy, the star dctd premium for the preceding calendar year shall be finally determined and stated in the Standard Premium Endorsement for that calendar year. If the standard premium so de: ermined exceeds the adsance premium previously paid for such ca!endar year, the named insured shall pay the excess to the companies; if Icss, the companies shall return to the named insured the excess portion paid by such insured.
The named insured shall maintain records of the information necessary for premium computa-tion and shall send copies of such records to the companics as directed, at the end of each cal-endar Scar, at the end of the pohcy period and at such other times during the policy period as the company may direct.
(3) Use cf Reserve Premiums All reserve premiums paid or payable for this policy may be used by the members of Nuc! car Energy Liability Insurance Associa: ion to discharge their ob!:;anons with respect to incurred !osses whether such losses are incurred under this policy or under any other policy issued by Nuclear Energy Liability Insurance Association or Mutual Atomi: Energy Liability L'nderwriters.
(4) Reserve Premiu n Refunds A' portion of the reserve premium for this policy for the first cal-endar year of any group of ten consecutive calendar years shall be returnable to the named in-sured presided there is a reserve for refunds at the end of the tenth calendar year.
(5) Computation of Reserve Premium Refunds The reserce premium refund due the name insured for any calendar year shall be determined by multiplying any industry reserve premium refund for su 's calendar year by the policy refund ratio for such calendar year. The reserve pre-mium refund for any calendar year shall be finally determined as soon as practicab:e after July 1 of the tenth calendar year thereafter.
(6) Finct Premium The final premium for this policy shall be the sum of the standard premiums for each calendar year, or portion thereof, during which this policy remains in force less the sum of all refunds of reserve premiums due the named insured under the provisions of tlus Condition 1.
(7) Reserve Premium Refund Agreement Each member of Nvdear Energv Liability Insurance Association subscribing this policy for any calendar year, er portion thereof, thereby agrees for itself, severa!!y and not jointly, and in the respective proportion cf its liabi! ty assumed under this policy for that calendar year, to return to the named insured that portion of any reserve premium refund due the named. insured for that calendar year, determined in accord-ance with the provisions of this Conditiori 17
- Wrm7 me tala is a true copy of the original nanrnoment hrring the ondcraecent nu:aber and being ::: ado p
~he uclear Encray I,iability Polic 7 (Faci ity Porm) as di o
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s Chrlus R. Bardes. V6 Pmid:nt-Linh3ity Unde., min 3 E"ective Date of Am*n Nuc! car k,:rm this Endorsement Septerber 24, 1979 fiF-257 To form a part of Po! icy No.
12:01 A.M. Standard Time
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liississippi Pov:er S Light Corpan9 and leiddle South Energy, Inc. Q3 I m c3 :o s
Date cf Issue SeEter&er 25, 1979 For the su4ribing comges N
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Endorsement No.
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Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVAtlCE PREMIUM Af1D STAtlDARD PREMIUM Ef1DORSEMEilT CALEllDAR YEAR 1979 4
It is agreed that ' Item 5 of the Declarations " Advance Premium" is amended to read:
ADVA!1CE PRE!!IUM:
It is agreed that the Advance Premium due the companies for the period designated above is:
$ 100.00 STAT:DARD PREMIUM AfiD 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:
$67.00 Thic is to certify that this is a true copy of the original T.ndorsement havin;; the endorsement number and being cade part of the Nuclear Inorgy Liability Policy (Facility Form) as dos-iriatt.d hereon. ::a Insurance la :Iforde'd hereunder.
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Charles it. Bordas, Vice Preeident-Liability Undoneitin;;
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E"e::ne Date of this Encorsement SeDtember 24, 1979-To form a part of Policy No l!F-257 12:01 A.M. Standard Time 1swed to Miss.issippi_ Power A 1.ight Enrnany and Middle South Enerov. Inc.Wi,
..Da e of issue September 25, 1979 For the suMcribi(nglo panies) h w/
By f
General Manager e
Enc *sement No 2
Countersigned by 7
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b Nuclear Energy. Liability insuranco NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADDRESS.0F !!UCLEAR EllERGY LIABILITY liiSURAtlCE ASSOCIATI0f! El'00RSEf'Ef!T It is a' greed that~ the address of the f!uclear Energy Liability Insurance Association' appearing in the "Corpany P,epresentation" condition of the policy is amended to read:
The-Exchange Farnington Avenue Farnington, Connecticut OE032-t This is to certify that this is a truti coy / of tho' original Indorsencnt having the endorsement nuabor and b31ng mado part 4'
of the :Tuclear Energy Liability Policy (Facility Form) as des-l Ignated heroon. No Insarance is afforded hereunder, f: '
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CharLa R. Bar:ba, VI a Presiden>Idability Ur.darwritira Airerican Nuclear Insurers a
$ dor September 24, 1979-To form a part of Po'i y et o
Mississippi PONN hYi9riftMpdWy and Middle South EnerggIncQ j
issued to y,
Ca:e of issue September 25, 1979 For the9mcri6in'g co
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NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDATORY ENDORSEMENT (Facility form)
It is agreed that:
I. In Insuring Agreement III, " DEFINITIONS" A. The first sentence of the definition of " nuclear facility" is~ amended to read:
" nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility.
Form) issued by Nuclear Energy Liability Insurance 4
Association or. by Mutual Atomic Energy Liability
- Underwri ters.
B. The definition of " indemnified nuclear facility" is replaced by the following:
" indemnified nuclear facility" means 4
(1) "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form)
' issued by Nuclear Energy Liability In-surance Association or by' Mutual Atomic Energy Liability Underwriters, or (2) any other nuclear facility, if financial protection is required pursuant to
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the Atomic Energy Act of 1954, or_any law amendatory therof, with respect to any acti-
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vities or operations conducted thereat;
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II. Insuring ' Agreement IV is replaced by the fo';owing:
IV APPLICATION OF POLICY Thi: Dolicy applies only to bodily in-l jury or property damage (1) which is caused during the policy period by the nuclear energy hazard and (2) which is dis-covered and for which written claim is made against the insured, not later than ten years after the end of the. policy period.
III. Condition 2 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 of
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this insurance. Neither-the right to make inspections and
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NE-48 = Page of-4 (over)-
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examinations nor the making thereof nor any advice or report resulting therefrom shall constitute an under-taking 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 compli-ance with any law, rule or regulation.
If a representative of the companies discovers a con-dition 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-compli-ance with such request, a representative of the com-panies may, by notice to the named insured, to any other person or organization considered by the com-panies to be responsible for the continuance of such dangerous condition, and to the United States fluclear 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.
IV. Condition 4 is replaced by the following:
4 LIMITATI0tl 0F LIABILITY; COMM0:10CCURREllCE Any occur-rence or series of occurrences resulting in bodily in-jury or property damage arising out of the radioactive, toxic, explosive or other hazardous properties of (a) nuclear material discharged or dispersed from the facility over a period of days, weeks, months or longer and also arising out of the properties of other nuclear material so dis-charged or dispersed from one or more other nuclear facilities instred under any fluclear Energy Liability Policy (Facility Form) issued by fluciear Energy Liability Insurance Association, tion, or (b) source' material, special nuclear material, spent fuel or waste in the course of transportation for which insurance is afforded under this policy and also arising out of such properties of other flE-48 Page' of 4 wm
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4 source niaterial, special nuclear material, spent a
fuel or waste in' the course of transportation'for which insurance -is afforded under one or more'other fluclear Energy Liability Policies (Facility Form) issued by fluclear Energy Liability Insurance Associ-ation, ~
l shall be deemed to be a common occurrence resulting.in bodily injury or property damage caused by the nuclear energy hazard.
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With respect to such bodily injury and property damage (1) the i
total. aggregate liability of the members of.the fluclear Energy
' Liability Insurance Association under all fluclear Energy Lia-r bility Policies-(Facility Form), including this policy, appli-cable to such common occurrence shall be the sum of the 1imits of liability of all such' policies, the limit of-liability of cach s'uch policy.being as determined by Condition 3 thereof, but in no event shall such total aggregate liability of such membersexceed$96,875,000;(2) the total liability of the companies.under this policy shall not exceed that proportion of the total aggregate liability of the members of fluclear Energy Liability Insurance Association, as stated in clause
~
.(1) above, which (a) the limit of liability of this policy, as i
determined by Condition 3, bears to (b) the sum of the limits of liability of all such policies issued by such members, the limit of' liability of each such policy being as determined by i
Condition 3 thereof.
The provisions of this can'dition shall not operite to increase the limit of.the companies' liability under this policy.
V. The second paragraph of Condition 12, "0THER INSURANCE", is amended to read:
If the insured has other valid and collectible insurance (other than such concurrent insurance or any other nuclear P
energy liability insurance issued by !!uclear Energy Lia-bility Insurance Association or fiutual Atomic Energy Lia-bility Underwriters to any person or organiiation) applicable to loss or expense covered by this policy, the insurance afforded'by this policy shall, be excess insurance over such other insurance; provided, with respect to any person who is not employed at and in connection with the facility, such insurance as.is. afforded by this policy for bodily injury to an employee of the insured arising out of and in the course of his employment shall be primary insurance under-such'other' insurance.
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. VI. -Paragraph (c) of Condition 16, "COMPAflY REPRESErlTATIOil", is amended to read:
(c) !!uclear Energy Liability Insurance Association is the agent of _the companies with respect to all matters pertaining to this insurance. All notices or other communications required by this policy to be given to
.the companies may be given to such agent, at its office at The Exchange, Suite 245, 270 farmington Avenue, Farmington, Connecticut 05032, with the same force and effect as if. given directly to. the companies. A'ny _
requests, demands or agreements'made by such agent.
shall be deemed to have been made-directly by the companies.
1 i
This 13 to cortify that this is a true copy of tho original Endorsement having the endorseaent number and being made part of the ?fuelcar Energy Liability Policy (Facility Forra) as des-ignated hareon. ?fo Incurance is afforded hereunder.
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Effective Date of D
l this Endorsement
$cpterber 24. 1079 To form a part of Policy No iIf 37 Sjandarg Time 2:01 A.M. Light t.ompany and Middle South Energy, finch V
Mississippi ower &
- Issued to 1
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Septe;rber 25, :1979 For the su' scribing rnpan Dee of tsnie
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General Manager Encersement No 4
Countersigned by q
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4 c gc Nuclear Ensrgy Liability Insurance
' NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION Amendnent of Condition 4 Endorsement It is agreed that with respect to bodily injury or property damage caused on or after the effective date of this endorsenent by the nuclear energy hazard, the figurc $96,875,000 stated in Condition 4 of the polig is amended to read $124,000,000.
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This is to certify that this is a truo copy of tho original 7.ndcrae sent having the endorsenent number and being ::iado part v the ::eclear Energy Liability Policy (Facility Form) as des-
.o a,i. !!n t vu r a ri.dai buccuntier.
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Effective Date of this Endorsement Septenber 24, 1979 To form a part of Policy t)61 liississippi Power & Ligbandar<il-Ti,et Compa y and fliddle South Energ(y,TInc.
12:01 A.P.1. S 4
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Date of issue September 25,-1979 For the s0' sc,ribing co panies
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Countersigned by Mr./.7r. (1/1/70)
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i NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION WAIVER OF DEFEllSES Etl00RSEMEllT (Extraordinary fluclear Occurrence)
The named insured, acti.ng for himself and every other insured under the policy, and the-re-bers of fluclear Energy Liability Insurance Association agree as follows:
- 1. With respect to any extraordinary 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 con-struction, possession, or operation of the facility, or
-(b) arises out of or results from or occurs in the course of the transportation of' nuclear matcrial 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 L
fault of the insureds, including but not limited to:
'(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and
'(iv) unforeseeable intervening causes, whether involving the conduct of-a third p'erson, or an act of God, (2) any issue or defense as to charitable or governmental inmiunity, and (3) inv issue or defense based on any statute of limitations if suit is i1stituted within three years from the date on which the claimant fi st knew,' or reasonably could have known, cf h,is bodily injury or r
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 I
occurrence takes place if benefits therefor. are either payable or re-quired to be provided under any workmen's compensation or occupational disease law; m
(c) an:/ claim for punitive ~ or exemplary damages, provided, with respect-to any claim for wrongful death under any State law which provides for L
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 recoverable under such law.
tE-33a (over)
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to bodily injury or property damage to which the policy applies under its terms other tha'n this endorscment; provided, however, that with respect to bodily in i'
jury or property damage resulting from an extraordinary nuclear occurrence, In '
suring 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 pro-tection re_ quired of the named insured; (b) the agreement of indemnification between the named' insured and the the fluclear 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 170e. of the Atomic Energy Act of 1954, as amended.
Such waivers shall not preclude a defense based upon the failure of the claim-ant 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 protection.
- 5. As used herein:
i "extraordint ear occurrence" means an event which the fluclear Regulawry Commission ha petermined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.
" financial protection" and " nuclear incident" have the meanings given them in f
the Atomic Energy Act of 1954, as amended.
" claimant" means the person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal represent-atives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
This is to certify that this is a true copy of th Enderscaent having the endorcecent number and e original of the Nuclear Enargy Liability Policy (Facpity F e ng cado par $
icnated horcon.
Insur fe is a orm) an dos g:reetwo cate of orded FQ57W.
September 24, 1974 O N
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cate of issue =SepLamber 25, 1979 Charles R. Bard [2 cC ity Norw iti American Nuclear Insure.
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,,. y NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION SUPPLE!!Ef1TARY EllDORSE!1ErlT WAIVER OF DEFEf!SES Y
REACTOR C0 lSTRUCTI0:1 AT THE FACILIT_ _
It is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFEllSES EfiDORSEi4EllT (flE-33a) with respect to an extra-ordinary nuclear occurrence occurring at the facility, a claimant who is e. ployed at the faci'lity in connection with the construction of a nuclear reactor with respect to which no operating licer.se has been issued by the fluclear Regulatory Commission shall not be considered as emioyed in connection with the activity where 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 fluclear Regulatory Commission 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.
Thir.13 to cortify that thin is a true copy of the original Indorce=ont having the endorne:ent number and being cade part of the Nuclear Energy I.iability Policy (Tacility For:s) an des-Ignued horcon. IN Incurance la afforded hereunder, l
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Charles it. Harda Vice President-ILbility Undemriq Arnerican Nuc1 car Insurera
'l j",'jfforNen't September 24, 1979 To form a part of Policy No 12.01 A.M. Standard Time liississippi Power & Licht Company and fliddle South Eneray, Inc.O' 1 is:ued to
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N N, one of issue __Septe: cr_Z5, 1979 For the suNcribingcor shies
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By General Manager E- :orsement No Countersigned by a
fiE-39a (1/1/77)
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i termination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its trans-portation, 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.
II. As used herein, " financial protection" has the meaning given it in the Atomic Energy Act of 1954, as amended.
rni:s is to certiry tcat tnic is a i. o copy of tho original Sodoraonent having the endorso=ent number and being r. ado part of the ';uclear Ener:;y Liability Policy (Facility Foral na des-ignated horcon. No Insurance is itfforded hereunder.
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Arc.crican Nuter Insurers 1
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Effecuve Date of N
flF 257 September 24' 1979 I
tNs Endorsement To form a part of.
licy No 12:01 A.M. Standard Time
/,s issuedto itississippi Power & Licht Company and Middle South Energy;'Inc.
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Cate of issue _ Sap.tcther 25. 1979 For the su ribing co pantes
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I By General Manager Endorsement No O
Countersigned by t,' e-4 5 O//77) 3:
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Nucl:ar Energy Liability insurance NUCLEAR ENERGY-LIABILITY INSURANCE ASSOCIATION A!4EllDMEllT OF DEFIllITIO!15 0F "fluclear Energy llazard" and " Insured Shipment" (Indemnified fluclear Facility)
It is agreed that:
I. In Insuring Agreement III, "DEFiflITI0flS" A. solely with rcspect to an " insured shipment" to which this policy applies as proof of financial protectica required by the fluclear Regulatory Commission, St.bdivision (2) of the definition of " nuclear energy hazard" is amended to read:
(2) the nuclear material is in an insured ship-ment which is away from any other nuclear facility and is in the course of transport-ation, including the 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, pro-vided that the nuclear material is in the course of transportation between two points located within the terri-torial 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.
B. the definition of " insured shipment" is replaced with the following;
" insured shipment" means a shipment of source material, special nuclear material, spent fuel or waste, herein called " material", (1) to the facility from any loca-tion except an indemnified nuclear facility, but nnly if the transportation of the material,is not by prede-flE-45 (over)
.. i: y Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVAtlCE PREMIUM AfiD STANDARD PREMIUM CALEt;DAR YEAP. 1980 ENDORSEMENT 1.
ADVANCE PREMIUM:
It is agreed that the Advance Prenium due the companies for the period designated above is:
$100.00 STAfiDARD PREMIUM AND RESERVE PREMIUM:
In the absence of a change in 2.
the Advance Prenium 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:
$ 67.00 This is to cortify that this is a true copy of the dos-of tho Nuoloar' Energy Liabill;y coli;y (yae:11ty Form) an ignated hereon. No Insuranca is afforded hareunser.
F m
i Or WM dent.11sb /
NF-257 Ee e
January 1, 1980 To form a bad of Po% No n
or e ent 12:01 A.M. Standard Time issued {$ississippi Power & Light Company and fliddle South Eneray, Inc.
For the su scribing co panies Date of issue December 20, 1979 By
'l V"
Gene,ral Manay,er 9
Endorsement No Countersigned by
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