ML19352B278

Forwards Maelu Binder XB-77.ANI Binder EB-77 Will Be Transmitted Upon Receipt

ML19352B278
Person / Time
Site:	Zimmer
Issue date:	06/22/1981
From:	Nadel M MARSH & MCLENNAN, INC.
To:	Saltzman J Office of Nuclear Reactor Regulation
References
NUDOCS 8107010418
Download: ML19352B278 (6)

Text

.

• 222 South Riversida Plaza Chicago, Illinois 60606

- Telef,;.One 312 648-6666 June 22,1981 D 1l 'o, ,

6\ q Mr. Jerome Salczman Chief, Office of Antitrust & Indemnity Nuclear Regulatory Com:nission

( = =d '

r8 Nuclear Reactor Regulation JIJN 3 01981

• F Washingtcu, D. C. 20555

[-l u wJme erm

,.N N \

/

41o\@ d

~ . _ . ..

M&M Nuclear Consultants - 1

' 'i. ' - ~

RE: CINCINNATI GAS & ELECTRIC COMPANY WM. H. ZIMMER NUCLEAR STATION SECONDARY FINANCIAL PROTECTION PROGRAM MAELU BINDER XB-77

Dear Mr. Salt:

man:

)

Enclosed on behalf of Cincinnati Cas & Electric Company please find three certified copies of MAELU Binder No. XB-77 evidencing proof of participation by the utility in a secondary financial protection program for nuclear liability for the licensed f acility.

The ANI Binder No. EB-77 is expected shortly and will be forwarded to your office.

Very trul rs 1

Jarshall Nadel Assistant Vic.e President MN:es Enc.

cc: Mr. J. Maurer - CG&E Mr. R. Luckett - M&M Cincinnati 81070104//7 J A national service of Marsh & McLennan,Incorpo.ated

e

'Q.s

+ 4. /

.J 1

. a a'o .

.- . B MDER ,

INC ,UDING BINDER NO. XB- 77 DECLAR 'tT ONS AND BOND FOR PAYMEF" OF RETROSPECTIVE PREMIUMS BINDER The m-mbers of Mutual Atomic Energy Liability Underwriters, hereinaf ter called the d co npanies", subscribing this bindet , each for itself, se"erally and not. jointly, and in the respective proportions set forth herein, anc i the insureds named in Item l~

of the Declarations below, agree as follcws:

A. The con panies hereby bind insurance to the insureds named in Item 1 of the Declart.tions in accordance with the provisions of the Draft Master Poliev.

All rights and oo' ligations of the parties to this binder are set torth in the provisions of the Draft Master Policy. as it may be amended trom time to ,,

time pstrsuant to its conditions or paragraph B below .

B. The term " Draft Master Policy" taeans the draft of the MASTER POL!CY --

" I'UCLEAR ENERGY LIABILITY POLICY (SECONDARY FINANC:AL PROTECTIOI*)

dated ,Iune 24. IC77 in the custody of the Nucicar Regulatory Cc:r. mission, a f c;py of which is attached hereto, and includes -li binders issued b'/ Se companies in c:nnec.wn nO such Draft Master Policy. The Master Policy, as subsacuent.;

issued b' Se campanies, shall cancel and replace iis b.nder and de Draft Master Pcucy effective as of the time and date of the inception of the binder period.

C. Such insurance as is provided by the Draf t Master Policy applies, through this binder, only:

(1) to the insureds identified in Items 1 and 2 of the Declaradons below.

(2) to bodily injury or property damage (a) with respect to which the primary financial protection described in Item 4 below would apply but for exhaustion of its limit of liability and (b) which is caused during the binder period stated in item 8 below by the radioactive, toxic , explosive or other ha:ardous properties of nuclear material and 1

(c) which is discovered and for which written claim is made against i the Ensured not later than ten years aner the end of such binder period; provided, however, that with ruspect to bodily injury or

.- property damage caused by an extraordinary .iuclear occur-2nce this subparagraph (C) shall not operate to bar ecverage for bodily injury or property damage which is discovered and for which written claim is made against the insured not later than twent ears after the date of extraordinary nuclear occurrence.

s .y,,.

.e

f. .h .

. .. . - . , .. . _ f. _ . . ,. ,_ , , ,

g,.,. ,y. .,jivgl,g DECL/.'tATIONS Item 1. Named insureds and addresses (as The Cincinnati Cas & Electric Company P.O. Box 960, Cincinnati, Ohio 45201 (b) Columbus & Southern Ohio Electric Company P.O. Box 960 Cincinnati, Ohio 45201 (c) The Layton Power & Light Comoany P.O. Box 960 Cincinnat* chio 45201 Item 2. Additional Insureds:

Any other person or organization who would be covered under rimar*  ;

financial protection decscribed in Item 4 of this binder but for e:dauston of de li. nit of liability of such primar" :inancial protection.

tem 3. Description and location of the nuclear re.ctcr Un.4 r. i. o .-. ._

...e

_ W.r .

inte r !!uc '.ca r Po :c r S t a t ion le c i t.c ; m Cin .cn: C a ; . :: , ' . . . .

\

te:n 4. Ident f::aton of primar. u nanc:1'. Or tecnan :pplicabic to : .e nuc' ear .

reactcr and li:,it of liabil.ty tnereof Nuclear Energ/ LiacGity Insuranca Association Pclicy I'7^S9 S.S ,012,0CC Mutual Atomic Energy Liability Under'vriters Policy MF- S 36,CC],000 Do other nuclear reactors share the limit of liability provided under the primary financial protection?  :;o , not at this time.

Item 5. Maximum retrospective premium (exclusive of allowance for premium taxes) payable to the companies under the Draft Master Policy w:S respect to each nuclear incident: $1,125,000 300RORD.NA

'y ', &e

,. _, L -

- .1. M . .

t Item 6. Portion of the annual premium nayable for the companies' contingent liability i

p described in Condition 4 of th< Draft Master Policy from the effective date F

hereof to the end of calendar 2ar 1978: The pro rata portion of $1,350.00 for the pericd from the effecti. 3 date of this binder to the end cf ie calendar year during which such effective date occurs.

Item 7. Limi:s of Liability: See Item 3 of the Declarations of the Draft Master Poliev.

f Item 8. Binder period: Beginning at the same time and date that the Facility Open ating License issued by the United States Nuclear Regulatory Commission for the reactor described in Item 3 of this binder becomes effective and continuing to the effective date and time of cancelation or terminct:on cf the Dyft Master Policy or this binder, whichever first occurs, easiern standard time.

BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Know all Men By These Presents, tha: the undersigned do hereby acknowledge that the'/

are named insureds under ne Draft Master Policy described in Se abovc Binder and Declara ticns . The named insureds da hereby covenant with and are held and are firmly bound to the subscribing members of Mutual Atomic Energy 'iability Underwriters (hereinafter called the "ce panies') to pay to the companies all retrospective premiums and allowances .or premium taxas which shall beccme due and payable in accordance w:S se terms of the Draf: Master PolicL with interes: on such r-" s A

\

and allowances :ar : axes to be computed at the rate provided in :ae Draf: 'iaster Poliev

'" " e da:e mymant * .e:Ncf :s specified :: ce due *he con can:es :n a wrn:ca not:ce :o de named insur _d, as provided in Candition 1 of Se Drai: ' .w.er Policy until paic.

And it is hereby expressly agreed that copies of written notices of retrospective premiums and allawances for premium taxes due and payable or other evidence of such amounts due and payable sworn to by a duly authorized representative c.' the companies shall be prima facie evidence of Se fact and extent of the liability of the named insureds for such amounts.

And it is further expressly agreed that the named insureds will indemnify the companies against any and all liability, losses and expenses of whatsoever kind or nature (including but not limited to interest, court costs and counsel fees) which the companies may sustain or incur (1) by reason of the failure of the named insureds to comply with the covenants and provisions of this Bond or (2) in enforcing any of the covenants or provisions of this Bond, c,r any provisions of the Draf: Master Policy relating to such covenants or provisions.

For the purpose of recording this agreement, a photocopy acknowledged before a Notary Public to be a true copy hereof shall be regarded as an original.

~

g THE ABOVE BINDER, DECLARATIONS AND BOND FORM A PART OF THE DRAFT

%- MASTER POLICY. CANCELATION OR TERMINATION OF THE DRAFT MASTER I-OLICY OR THE BINDER SHALL NOT AFFECT THE OBLIGATIONS OF THE NAMED INSUREDS UNDER THE DRAFT MASTER POLICY OR THE BOND TO PAY THE RETROSPECITVE PREMIUMS AND AL;.OWANCES FOR PREMIUM TAXES WITH RESPECT TO ANY EODILY INJURY OR IJOPERTY DAMAGE WHICH IS CAUSED DURING THE BINDER PERIOD.

u._, -.

( . .

g .,~ .- -

.. 1.

9 e . .

IN WITNESS WHEREOF, the named insured have caused this Binder these Declarations and this Bond for Payment of Betrospective P r emium s , to be signed and sealed by a duly authorized officer, to be effective a of the time and date of the inception of the binder period.

Attest'or Witness '

Named Insureds:

The Cincinnati Gas '; Electric Cc n inv j (Named Insured - Type or Pr:r.t; mt J 0- W ~~ ',W Sy ul W- (SEAL)

,)

// (Signature ci Offinet-)

E.A.Borgmann, Sr. Vice President -

(Type or Print Name & Title ci Officer)

Date: _.

Columous and South

^rn O'.'io Elect.ric CC s.i am CC .nsureu A ype Cr ,rint,)

N'

' /

^

0 _ . , h s L c~mn --- f [ ,, ~

s.y s r, /

. .-/- ,

J . 2 . 7 .3 3 5 ". !- r.~ . ~ a r , 32. * . Ti 223GiC9n; T me er P : .; . .r.  : E .c ;: 2 :.. ::r ,

.r .. _

The Davton Pcwer and Li~ht Comcan't (Named Insured - Tyre or P.:nt) e'

\ ._ m By dy ~

4/Mv/o (S E AL',

' Signature of Offiler) /

/

C.R.Morey, Vice President-Energy Prod.

(Type or Print Name & Title of Officer)

D., te :

(Named Insured - Type or Print)

By (SEAL)

(Signature of Officer)

(Type or Print Name & Title of Officer) i -

,ist IN WITNESS WHEREOF; the subscribing comp inies have caused the Binder and the Declarations to be signed on their behalf li, the hianager of Mutual Atomic Energy Liability Underwa iters , to be effective as o- the time and date of the inception of the

- binder period, and countersigned below b3 a duly authorized representative.

Attest or Witness For the Subscribing Companies of h!utual Atomic Energy Liability Ur.derwriters m Arbd By Countersigned by (Authorized Representative)

Subscribing Companies PROPORTION OF 1601 American Mutual Liability Insurance Company, Wakefie..l, MA 15.0000000' Employers Insurance of Wausau A Mutual Company, Wausau, WI 15.0000000 Liberty Mutual Insurance Company, Boston, MA 30.0000000 Lumbermens Mutual Casualty Company, Long Grove , IL 30.0000000 Michigan Mutual Insurance Company, Detroit, MI 5.0000000 Sentry Insurance, A Mutual Company, Stevens Point, WI 5.0000000 This is to certify that this is a true copy of the original Binder, bearing the number designated hereon, for insurance coverage under the DRAFT MASTER POLICY -

NUCLEAR ENERGY LIABILITY POLICY (Secondary Finar.cial Protection) dated -

June 24,1977. No insurance is afforded by this copy. . .. w N. W:: LY Eutual Atomic Energy Liability Undarwriters s

e g.~.. . _ -

-w- y 7ees

.y