ML19351A374
| ML19351A374 | |
| Person / Time | |
|---|---|
| Site: | Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 10/11/1989 |
| From: | Pulsifer R Office of Nuclear Reactor Regulation |
| To: | Berry K CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| References | |
| NUDOCS 8910200142 | |
| Download: ML19351A374 (7) | |
Text
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3-October 11. 1989 4 7. -.*
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' Docket No.:50-155' fL t.
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Mr. Kenneth W._-Berry Director, Nuclear Licensing Consumers Power Company 1945 West Parnall Road-j.
-Jackson, Michigan 49201
Dear Mr. Berry:
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SUBJECT:
BIG ROCK POINT - AMENDMENT TO INDEMNITY AGREEMENT
- Enclosed' is an amendment to your. indemnity agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requ!rerr.ents,and Indemnity Agreements,"
effective July 1, 1939.
The amendments to Part 140 reflect the increase from r
$160 million to $200 million in the primary layer of nuclear energy liability insurance provided by American Nuclear Insurers and-Mutual Atomic Energy Liability
' Underwriterr...The amendment also conforms'to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988, which was enacted on August 20, l
1 1988.
Please signify your. acceptance of the amendment to your indemnity agreement l
in the. space provided and return one signed copy to the Document Control Desk, 1
ATTN:
Ira Dinitz, Senior' Insurance / Indemnity Specialist, U.S. Nuclear Regulatory l
Commission, Mail 'Stop 12E-4, Washington, D.C.
20555.
If you have any questions about the. foregoing, please contact Mr. Dinitz at 301-492-1289.
1 Sincerely,
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4 Robert' Pulsifer, Project Manager Division of Reactor Projects-- III, j
IV,V & Special Projects 1 Office;of Nuclear Reactor Regislation
Enclosure:
. Amendment to Indemnity e
' Agreement cc w/ enclosure:
4 See next page T
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UNITED STATES t
- 4 NUCLEAR REGULATORY COMMISSION
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WAaHINGTON, D. C 206S5 October II, 1989 j
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? Docket No. 50-155 h
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'Mr. Kenneth W. Berry Director,. Nuclear Licensing Consumers Power Company 1945 West Parnall Road m
Jackson, Michigan 49201
Dear Mr. Berry:
SUBJECT:
BIG ROCK POINT - AMENDMENT TO INDEMNITY AGREEMENT L
. Enclosed is an amendment to your indemnity agreement reflecting the changes to L
10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements,"
effective July 1, 1989.
The amtendments to Part 140 reflect the increase from
, $160.million to $200 million in the primary layer of nuclear ene;gy liability.
insurance provided by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters.
The amendment also conforms to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988," which was enacted or August 20, 1988.
i Please signify your acceptance of the amendment to your inuemnity agreement in the space provided and r.eturn one signed copy to the Document Control Desk, ATTN:
Ira Dinitz, Senior Insurance / Indemnity Specialist, U.S. Nuclear Regulatory Commission, Mail Stop 12E-4, Washington, D.C.
20555.
If ycu have any questions
.about.the foregoing, please contact Mr. Dinitz at 301-492-1289.
Sincerely, I
< M* '
Robert Pulsifer, Project Manager Division of Reactor Projects - III,
.IV, V & Special Projects Office of Nuclear Reactor Regulation
Enclosure:
Amendment to Indemnity Agreemat
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6 cc w/enclo, a:
See next page
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-Mr. Kenneth W. Berry 3
Consumers. Power Company Big ibck Point Plant cc:
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Mr., Thomas' A. McNish, Secretary Consumers Power Company 212 West Michigan Avenue Jackson, Michigan 49201 L
C Judd L. Bacon,' Esquire
. Consumers Power Company 212 West Michigan Avenue
' Jackson, Michigan 49201 Mr. Thomas.W. Elward n
Plant Manager S Big Rock Point Plant 10269 U.S. 31 North t
Charlevoix,, Michigan 49720 l
Mr. Walter Hufford
- j. &
County Commissioner i
114 Belovedere Avenue Charlevoix, Michigan 49720 l'
Office'of the Governor i
Room 1 - Capito' ' Building -
c Lansing, Michigan 48913
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' Regional Administrator, Region III U.S.. Nuclear Regulatory Commission 799, Roosevelt Road Glen Ellyn, Illinois 60137 1:
Nuclear Facilities and Envircnmental o
Monitoring Section Office l
Division of Wadiological Health P..O. Box 30035 p.)
Lansing, Michigan. 48909 l
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.U.S.1 Nuclear Regulatory Commission I i ll Resident Inspector Office l
Big Rock foint Plant i
10253 U.S. 31 North I
Charlevoix, Michigan 49720 i.
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NUCLP.AR REGULATORY COMMIS$10N 1I wan*H880 Toff,0. C. 20006 1
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Docket No. 50-155 i'
Amendment to Indemnity Agreement No. B-22 Amenament No. Is i
Effective July 1 1989, Indemnity Agreement No. B-22, between Consumers Power Company and th dtomic Energy Cosmission, dated July 18, 1962, as amended, is hereby further amended as follows:
The amount "$160,000,000" is deleted wherever it appears and the amount "$200,000,000" is substituted therefor.
The amount "$124,000,000" is deleted wherever it appears and the amount "$155,000,000" is substituted therefor.
l The amount "$36,000,000" is deleted wherever it appears and the amount "$45,000,000" is substituted therefor, Paragraph 1, Article I is modified to read as follows:
1.
" Nuclear reactor," " byproduct material," " person," "scurce material,"
"special nuclear material," and " precautionary evacuation" shall have the meanings given them in the Atomic Energy Act of 1954, as amended, l'
and the regulations issued by the Commission.
u; The definition of "public liability" in paragraph 7, Article I is deleted, and.the following is substituted therefor:
"Public liability" means any legal liability arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable 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),
l.
except (1) claims under State or Federal Workmen's Compensation Acts of employees l
ofpersonsindemnifiedwhoareemployed(a)atthelocationor,ifthenuclear incident occurs in the course of transportation of the radioactive material on thetransportingvehicle,and(b)inconnectionwiththelicensee'spossessIon, use or transfer of the radioactive material; (2) claims arising out of an act ofwar;and'(3)claimsforlossof,ordamageto,orlossofuseof(a) property which is located at the location and used in connection with the licensee's possession, use, or transfer of the radioactive material, and (b) if the nuclear incident occurs in the course of transportation of the redioactive material, the transporting vehicle, containers used in such transportation.
and the radioactive matertai.
Paragraph 4(c).ArticleIIisrevisedtoreadasfollows:
(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 h.* injury or damage and the cause thereof.
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Inparag$63,006ArticleVIII,theamount"$5,000,000" raph 1 is deleted and the Jawount 000" is substityted therefor.
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FOR THE UNITED STATES NUCLEAR KEGULATORY COPHISSION
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Cecil 0. Thomas, Chief.
W Policy Development and Technical Suppot t Branch 1
Program Management Policy Development andAnalysisStaff i
Office of Nuclear Reactor Regulation
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,o Accepted 1989 L
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By 1.
Lansumers Power Co.
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UNITED STATES
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NUCLEAR FiEGULATORY COMMISSION WASHING TON, D. C. 20066
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Docket No. 50-155 I
_ Amendment to Indemnity Agreement No. B-22 j
y Amendment no. Is Effective July 1 1989, Indemnity Agreement No. B-22, between Consumers Power Company and the dtomic Energy Commission, dated July 18, 1962, as amended, is hereby further amended as follows:
The amount "$160,000,000" is deleted wherever it appears and the amount "$200,000,000" is substituted therefe.r.
l The amount "$124,000,000" is deleted wherever it appears and i
the amount "$155,000,000" is substituted therefor.
1 The amount "$36,000,000" is deleted wherever it appears and the amount "$45,000,000" is substituted therefor.
Paragraph 1, Article I is modified to read as follows:
)
1.
" Nuclear reactor," " byproduct materyal," " person," " source materia 1,"
l "special nuclear material," and "precautiontry evacuation" shall have the meanings given them in the Atomic Energy Act of 1954, as amended,
-l and the regulations issued 'by 'the Cownission'. ~
-. I l
..:s The definition of "public liability" in paragraph 7, Article I is deleted, and the following is substituted therefor:
l:
"Public liability" means any legal liabi'iity arising out of or resultino frcm a nuclear incident or precautionary evacuation (including all reasonable 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),
i except (1) claims under State or Federal Workmen's Compensation Acts of employees l
of persons indemnified who are employed (a) at the location or, if the nuclear l
incident occurs in the course of transportation of the radioactive raterial, On j
the transporting vehicle, and (b) in connection with the licensee's possession, use or transfer of the radioactive material; (2) claims arising out of an act 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 possession, use, or transfer of the radioactive material, and (b) if the nuclear' incident occurs in the course of transportation of the radioactive material, the transporting vehicle, containers used in such transportation, and the radioactive material.
Paragraph 4(c), Article II is revised to read as follows:
(c) Any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his injury or damage and the cause thereof.
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i in paragraph 1. Article VIII, the amount "$5,000,000" is deleted and the amount "$63,000,000" is substituted therefor.
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l FOR THE UNITED STATES NUCLEAR REGULATORY COMISSION 1
M GM:::::-
Cecil 0. Thomas, Chief l
Policy Development and Technical Support Branch t
Program Management Policy Development and Analysis Staff 1
Office of Nuclear Reactor Regulation l
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Accepted 1989 1
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By consumers Power co.
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