ML19351A299

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Forwards Amend 19 to Indemnity Agreement B-39 Re Changes to 10CFR140, Financial Protection Requirements & Indemnity Agreements, Effective 890701
ML19351A299
Person / Time
Site: Millstone  Dominion icon.png
Issue date: 10/12/1989
From: Stolz J
Office of Nuclear Reactor Regulation
To: Mroczka E
NORTHEAST NUCLEAR ENERGY CO.
References
NUDOCS 8910190258
Download: ML19351A299 (7)


Text

i October 12, 1989 i

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Docket No. 50-245, 50-336 50-423 i

Mr. Edward J. Mroczka.

Senior Vice President Nuclear Engineering'and Operations i

Connecticut Yankee Atomic Power Company Northeast Nuclear Energy Company j

P. O. Box 270 Hartford, Connecticut 06141-0270

Dear Mr. Mroczka:

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SUBJECT:

MILLSTONE UNITS 1, 2 AND 3 - AMENDMENT TO INDEMNITY AGREEMENT Enclosed is an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements,"

i effective July 1 1989. The amendments to Part 140 reflect the increase from

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$160 million tol200 million in the primary layer of nuclear energy liability 1

insurance provided by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters. The amendments also conform to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988," which was enacted on August 20, 1988.

Please signify your acceptance of the amendment to your indemnity agreement in the space provided and return one signed copy to the Document Control Desk, MissQgDfyzStbl"l@Ejnsgggggfl,ggggSggggpspfp3g.hbEIIh q0$N8E

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abouttheYor, going,pleasecontactMr.Dinitzat e

301 492-1289.

Sincerely.

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John F. Stolz, Director Project Directorate I-4 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation

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. Mr. Edward J. Mroczka Milistone Nuclear Power Station Northeast Nuclear Energy Company Unit Nos. 1, 2 & 3 cc:

Gerald Garfield, Esquire R. M. Kacich, Manager Day, Berry and Howard Generation Facilities Licensing Counselors at Law Northeast Utilities Service Company City Place Post Office Box 270 Hartford, Connecticut 06103-3499 Hartford, Connecticut 06141-0270 W. D. Romberg, Vice President D. O. Nordquist Nuclear Operations Manager of Quality Assurance Northeast Utilities Service Company Northeast Nuclear Energy Company Post Office Box 270 Post Office Box 270 Hartford, Connecticut 06141-0270 Hartford, Connecticut 06141-0270 1

Kevin McCarthy, Director Regional Administrator Radiation Control Unit Region I Department of Environmental Protection U. S. Nuclear Regulatory Comission State Office Building 475 Allendale Road Hartford, Connecticut 06106 King of Prussia, Pennsylvania 19406 Bradford S. Chase, Under Secretary First Selectmen Energy Division Town of Waterford Office of Policy and Management Hall of Records 80 Washington Street 200 Boston Post Road Hartford, Connecticut 06106 Waterford, Connecticut 06385 S. E. Scace, Station Superintendent W. J. Raymond, Resident Inspector Millstone Nuclear Power Station Millstone Nuclear Power Station Northeast Nuclear Energy Company c/o U. S. Nuclear Regulatory Comission Post Office Box 128 Post Office Box 811 Waterford, Connecticut 06385 Niantic, Connecticut 06357 C.11. Clement, Unit Superintendent M. R. Scully, Executive Director Millstone Unit No. 3 Connecticut Municipal Electric Northeast Nuclear Energy Company Energy Cooperative Post Office Box 128 3030 Scott Ave Waterford, Connecticut 06385 Norwich Connecticut 26360-1535 Ms. Jane Spector Michael L. Jones, Manager Federal Energy Regulatory Comission Project Management Department 825 N. Capitol Street, N.E.

Massachusetts Municipal Wholesale Room 8608C Electric Company Washington, D.C.

20426 Post Office Box 426 Ludlow, Massachusetts 01056 Burlington Electric Department l

c/o Robert E. Fletcher, Esq.

271 South Union Street Burlington, Vermont 05402 i

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- Mr. Edward J. Mroczka Millstone Nuclear Power Station Northeast Nuclear Energy Company Unit Nos. 1, 2 & 3 J. P. Stetz, Unit Superintendent J. S. Keenan, Unit Superintendent Millstone Unit No.:1 Millstone Unit No. 2 Northeast Nuclear Energy Company Northeast Nuclear Energy Company Post Office Box 128 Post Office Box 128 Waterford, Connecticut 06385 Waterford, Connecticut 06385 Charles Brinkman, Manager Washington Nuclear Operations C-E Power Systems Combustion Engineering, Inc.

12300 Twinbook Pkwy Suite 330 Rockville, Maryland 20852 Mr. Edward J. Mroczka Senior Vice President l

Nuclear Engineering and Operations l

Connecticut Yankee Atomic Pover Company Northeast Nuclear Energy Company P. O. Box 270 Hartford, Connecticut 06141-0270 l

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  • Ma UNITED STATES

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NUCLEAR REGULATORY COMMISSION g.

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1 Docket Nos. 50 245, 50-336 j

50-423

_ Amendment to Indemnity Agreement No. B-39 Amendsent No. 19 I

Effective July 1 1989, Indemnity Agreement No. B-39, between Northeast Nuclear Energy Company, the Connecticut Lig1t and Power Company, Western Massachusetts Electric Company, New England Power Company, United Illuminating Company, Public l

Service Company of New Hampshire, Central Vermont Public Service Corporation, Montaup Electric Company, Chicopee Municipal Lighting Plant, Massachusetts Municipal Wholesale Electric Company, Vermont Electric Generation and Transmission Cooperative, Inc., Central Maine Power Company, Village of Lyndonville Electric Department, Connecticut Municipal Electric Energy l

l Cooperative, Fitchburg Gas and Electric Light Company and the Atomic Energy Comission, dated liay 9,1969 as amended, is hereby further amended as follows:

i The amount "$100,000,000* is deleted wherever it appears and the amount "$200,000,000" is sutstituted therefor.

The amount "!124,000,000" is deleted wherever it appears tr.d the amount "$155,000,000" is substituted therefor.

The arcunt "$36,000,000" is deleted wherever it appears and the amount "$4E,000,000" 1s substituted therefor.

Paragraph 1, Article I is modified to read as follows:

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lluclear reactor," " byproduct material," " person," " source material,"

"special'nucitar material," and " precautionary evacuation" shall have i

the meanings given ther in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Comission.

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

1 "Public liability" means any legal liability arising out of or resulting from nuclear incident or precautionary evacuation (including all reasonable a

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

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

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 L

the transporting vehicle, and (b) in connection with the licensee's possession.

l-use or transfer of the radioactive material; (2) claims arising out of an act of war; and (3) claims for loss of, or damage to, or loss of use of (a) property which is located at the location and used in connection with the licensee's pos session, use, or transfer of the radioactive material, and (b) if the nuclear incident occurs in the course of transportation of the radioactive material, the transporting vehicle, containers used in such transportation, and the radioactive material.

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Paragraph 4(c), Article 11 is revised to read as follows:

(c) Any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his injury or damage and the cause thereof.

In paragraph 1, Article VIII, the amount "$5,000,000" is deleted and the amount "$63,000,000" is substituted therefor.

Item 2a of the Attachment to the indemnity agreement is deleted in its entirey and the following substituted therefor:

Item 2 - Amount of financial protection e.

$1,000,000 (From 12:01 a.m., May 9,1969, to 12 midnig t, October 6, 1970,

. inclusive

$82,000,000 (From 12:01 a.m., October 7, 1970, to 12 midnig t, February 29, 1972, inclusive

$95,000,000 (from 12:01 a.m., March 1, 1972, to 12 midnight, February 28, 1974, inclusive) 5110,000,000 (From12:01a.m., March 1,1974,to 12 midnig t, March 20, 1975, inclusive

$125,000,000 (From 12:01 a.m., March 21, 1975, to 12 midnight, April 30, 1977 inclusive)

$140,000,000*

(From12:01a.m.,May1,1977,to 12 midnight, April 30, 1979 inclusive)

$160,000,000*

(From 12:01 a.m., May 1, 1979, to 12 midnight, June 30, 1989 l

inclusive)

$200,000,000*

(From 12:01 a.m., July 1,1989 )

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION GMG W==

Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Progrem Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation l

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, 1989 By By c-Western Nassachusetts Electric New England Power Company.

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1 Unitec Illuminating Company Public Service Company of New Hampshire 4

Accepted

, 1989 Accepted

, 1989 Teiltral Vermont Public Service Ro?itaip Electric Company Corporation Accepted _,_

, 1989 Accepted

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i By By Chicopee liunicipal Lighting Massachusetts Municipal Plant Wholesale Electric Company i

A:cepted __

,1989 Accepted __

, 1989 By By Vemont Electric Generation and Central Maine Power Compary Transmission Cooperative, Inc.

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Accepted 1989 Accepted

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1 By By Village of Lyndonville connecticut Municipal Electric Electric Department Energy Cooperative I

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