ML19354D758

Forwards Unexecuted Amend 16 to Indemnity Agreement E-12, Reflecting Increase in Stated Amount in Primary Layer of Nuclear Energy Liability Insurance Provided by ANI & Maelu

ML19354D758
Person / Time
Site:	05000128
Issue date:	01/02/1990
From:	Michaels T Office of Nuclear Reactor Regulation
To:	Hall K TEXAS A&M UNIV., COLLEGE STATION, TX
References
NUDOCS 9001190227
Download: ML19354D758 (5)

Text

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g Q January ~2, 1990-

!:l Docket'No. 50-128-

. Dr. K. ' R. Hall, Deputy Director y~

- Texas Engineering Experiment Station

. Texas A&M University-System College Station, Texas. 77843

SUBJECT:

-TEXAS ENGINEERING EXPERIMENT STATION - AMENDMENT TO INDEMNITY AGREEMENT

~

We are enclosing herewith an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements," effective July 1, 1989. The amendments to Part 140

' reflect:the increase;from $160 million to $200 million in the primary layer of nuclear energy 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 on August 20, 1988.

1 Please signify your acceptance of the amendment to your indemnity agreement in the space provided and return one signed copy to Ira Dinitz, Senior Insurance /

t Indemnity Specialist, U. S. Nuclear Regulatory Comission, Mail Stop 12E-4, s Washington', D.C. -20555.

If you have any questions about the foregoing,.

please contact Mr. Dinitz at 301-492-1289.

Sincerely, Original. signed by:

l Theodore S. Michaels, Senior Project Manager s

Non-Power Reactor, Decomissioning and Environmental Project Directorate Division of Reactor Projects - III, IV, Y and Special Projects Office of Nuclear Reactor Regulation j

Enclosure:

Amendment to Indemnity Agreement cc w/ enclosure:

See next page-

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January 2, 1990

-Docket No. 50-128 Dr. K. R. Hall, Deputy Director Texas Engineering Experiment Station Texas A&M University System College' Station,-Texas 77843-

SUBJECT:

- TEXAS ENGINEERING EXPERIMENT STATION - AMENDMENT TO INDEMNITY AGREEMENT We are enclosing herewith an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements," effective July 1, 1989. The amendments to.Part 140-reflect the increase from $160 million to $200 million in the primary layer of nuclear energy 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 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 Ira Dinitz, Senior Insurance /

Indemnity Specialist, U. S. Nuclear Regulatory 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.

Sincerely.

Theodore S. Michaels, Senior Project Manager Non-Power Reactor, Decommissioning and Environmental Project Directorate Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement cc w/ enclosure:

See next page

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cc: Mayor, City:of College. Station i'

Post Office Box Drawer 9960 College Station,' Texas 77840-3575 Governor's Budget and U..

Planning Office-Post Offfice' Box 13561' LAustin, Texes 78711 Bureau of Radiation Control

. State of. Texas ~

1100' West 49th Street i

Austin,--Texas -78756 Dr. Donald Feltz-Director, Nuclear Science-Center t

Texas A&M University

-F. E. Box !

College Station,-Texas 77843-3575 l

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1 Docket No. 50-128 h

Amendment to Indemnity Agreement No. E-12 l'

Amendment No. 16

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Ef.fective July 1, 1989, Indemnity Agreement No. E-12, between Texas Engineering Experiment Station / Texas A&M University System, and the Atomic Energy Commission, dated October 8, 1962, as amended, is hereby amended as-follows:

The amount "$160,000,000" is deleted wherever it appears and E

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

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

-The amount "$36,000,000" is deleted wherever it appears and the amount "$45,000,000" is substituted therefor.

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

.1.

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

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L "special nuclear material," and " precautionary evacuation" shall have l

L the meanings given them in the Atomic Energy Act of 1954, as amended, L

and the regulations issued by the Commission.

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

l "Public liability" means any legal liability arising out of or resulting from I

a nuclear incident or precautionary evacuation (including all reasonable.

additional costs incurred by a State or a political subdivision of a State, in l

the course or responding to a nuclear incident or precautionary evacuation),

Eexcept.(1) claims under State or Federal Workmen's Compensation Acts of employees 1

.of persons indemnified who are employed (a) at the location or, if the nuclear l

i incident occurs in the course of transportation of the radioactive material, on 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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-Paragraph I, Article IV,is revised to read as follows:

- 1,3 When the Comission determines-that the United States will probably be required to make indemnity >ayments under the provisions of this agreement, the Comission shall have t1e right to collaborate with the licensee and other persons indemnified in the settlement and defense of any claim (including such legal costs of the licensee as are approved by the Comission) and.shall have the right (a).to require the prior approval of the Comission for the settlement or payment of any claim or action asserted against the licensee or other person g

L indemnified for public liability or damage to property of persons. legally

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liable for the nuclear incident which claim or action the licensee or the L

Comission may be. required to indemnify under this agreement; and (b) to i

appear through1the Attorney General-to the United States on behalf of the licensee or other person indemnified, take charge of such action and settle or defend any such action.

If the settlement or defense of any such action or g-L

' claim is undertaken by the Comission, the licensee shall furnish all

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' reasonable assistance in effecting a-settlement or asserting a defense.

In-paragraph 1 Article VIII, the amount "$5,000,000" is deleted and the

-amount "$63,000,000" is substituted therefor.

FOR THE U.S. NUCLEAR REGULATORY COMMISSION I

00 K O

j Eileen.it. McKenna, Acting Chief Policy Development and Technical Support Branch L*

Program flanagement, Policy Development-and Analysis Staff Office of Nuclear Reactor Regulation L

l Accepted

,1989 1

By-Texas Engineering Experiment Station /

Texas A&ft University System i

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