ML19353B135

Forwards Executed Amend 11 to Indemnity Agreement B-42, Reflecting Changes to 10CFR140, Financial Protection Requirements & Indemnity Agreements

ML19353B135
Person / Time
Site:	Monticello
Issue date:	12/01/1989
From:	Parker T NORTHERN STATES POWER CO.
To:	Dinitz I NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
NUDOCS 8912110247
Download: ML19353B135 (4)

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Noeom SWm Poww Company 414 Nicollet Mall Minneapolis, Minnesota 55401 1927 Telephone (612) 330 5500 1

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December 1, 1989 10 CFR Part 140 l

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U S Nuclear Regulatory Commission Document Control Desk Attn: Ira Dinitz, Senior Insurance / Indemnity Specialist Mail Stop 12E 4 Washington, DC 20555 l

MONTICELLO NUCLEAR GENERATING PLANT Docket No. 50-263 License No. DPR 22 Amendment to Indemnity Agreement

~ Enclosed is a signed copy of the Monticello Nuclear Generating Plant Amendment No. 11 to the Indemnity Agreement No. B-42 which reflects the changes made to 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements".

The signature signifies acceptance of the amendment to Monticello's indemnity agreement.

ll' Thomas M Parker Manager' l

Nuclear Support Services l-L

Enclosure:

Amendment to l

Indemnity Agreement l

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PDR ADOCK 05000263 3)

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'og UNITED STATES 4'

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NUCLEAR REGULATORY COMMISSION 3-t WASHINGTON, D. C. 20555 F

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LDocket No. 50-263 Amendment to Indemnity Agreement No. B-42

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.j Amendment No. 11 l

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.i Effective July 1, 1989, Indemnity Agreement No. B-42, between Northern States' m

Power Company, and the Atomic Energy Commission, dated Octoberf3,.1969 as-amended,

,is hereby further amended as follows:

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'A The amount."$160,000,000" is deleted wherever. it appears and' 3

the amount "$200,000,000" is substituted therefor 4

l The amount "$124,000,000" is deleted wherever it appears and the amount $155,000,000" is substituted therefor.

j The amount "$36,000,000" is deleted wherever it appears and f

the amount "$45,000,000" is substituted therefor.

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

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" Nuclear reactor," " byproduct material," " person," " source material,"

"special nuclear material," and " precautionary evacuation" shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission.

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),

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

of persons indemnified who are employed (a) at the location or, if the nuclear incident occurs in the course of transportation of the radioactive material, on the transporting vehicle, end (b) in connection with the licensee's possessinn, 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, sand the radioactive material.

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.

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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 a.

$1,000,000 (From12:01a.m., October 3,1969,to 12 midnig t, September 7, 1970, inclusive

$82,000,000 (From 12:01 a.m, September 8, 1970, to 12 midnig t, February 29, 1972, inclusive

$95,000,000 (From12:01a.m., March 1,1972,to 12 midnig t, February 28, 1974, inclusive

$110,000,000 (From 12:01 a.m., March 1, 1974, to 12 midnig t, March 20, 1975, inclusive

$125,000,000 (From12:01a.m., March 21, 1975, to 12 midnight, April 30, 1977 inclusive)

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$140,000,000*

(From 12:01 a.m., May 1, 1977, to l

12 midnight, April 30, 1979 inclusive)

$160,000,000*

(From 12:01 a.m., May 1, 1979, to 12 midnig t, June 30, 1989 inclusive 1

$200,000,000*

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

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION

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Cecil 0. Thomas, Chief.

Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation

• and, as of August 1,1977, the amount available as secondary financial protection.

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1 Accepted N0sl.

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, 1989 By.

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' Northern States Power Company.

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