ML20002A373

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Forwards Endorsements 76 Through 81 to Nelia Policy NF-76 & Endorsements 62 Through 67 to Maelu Policy MF-26
ML20002A373
Person / Time
Site: Yankee Rowe
Issue date: 07/05/1977
From: Nesbitt J
YANKEE ATOMIC ELECTRIC CO.
To: Saltzman J
Office of Nuclear Reactor Regulation
References
NUDOCS 8011140648
Download: ML20002A373 (23)
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Text

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c. .w. 20 TURNPIKE ROAD. WESTBOROUGH. MASSACHUSEUS 015Bf TELEPHONE 617 366-9011 [" C ]ro-A July 5, 1977 g y ~ ~~..,.,., pV , / y O(nn Pt ^ i111 [J;) fl ~1 Office of Anti Trust and Inde=1ity 'p q Uuclear Reactor Regulations 7 "yg g ~ Huclear Regulatory Cormission p; Washington, D. C. 20555 h "!$M33N^* [/ u s.ei- ,A /7eg s,.. [ j Attention - Mr. Jerome Salzman, Deputy Chief h7

Dear Mr. Salzmn:

We enclose for your files eight certified copies each of tN following endorsements for Nuclear Energy Liability Insurance Associr.cion and I.htual Atomic Energy Liability Underwriters. Please note that Endorsement No. 67 of 1.htual Atomic Energy Liability Associatio. was issued to correct numbeling sequence. I End. No. End. No. MAELU UELIA 76 Llmit of Liability (Clarification) So Advance Premium for Calendar Year lo77 62 (old 61) 77 Amendment of Condition 2: " Inspection, suspension" 63 (old 52) 79 Amendmert of Definition of " nuclear Energf liacard" 6h (old 63) 78 Waiver of Defenses (Revision) 65 (old 64) 81 Amendment of Condition 4 66 (cld 65) To correct numbering sequence 67 Very truly yours YAISEE ATOMIC ELECTRIC CCEANY 9 u.Av J C. Nesbitt Assi. ant Treasurer cc: D. E. Rose A. R. Soucy Mn!4&SW@. 8 0 1 1 1 4<0 { g L

Nucirr En:rgy Li bility insurancs NUCLEAR _.4ERGY LIABILITY INSURANCE ASSOL... TION A!1E!10flEllT OF LIf11T OF LIABILITY EllDORSE!1EllT It is agreed that: 1. Endorsenent tios. 2, 5, 6, 7, 31, 45, 55, F7 and 71 are hereby deleted. 2. The limit of the ccmpanies' liability as stated in Iten 4 of the declarations of the policy is amended to read: The limit of the companies' liability for each of' the periods specified in Column (1) below shall be the limit specified in Column (2) below subject to all the terms of the policy having reference thereto including the provisions of this endorsement. Each period begins at 12:01 A.fl. Standard Time on the earlier date specified (unless another time is specified) at the address of the named insured as stated in Item 1 of the declarations and continues through the conclusion of the later date specified (unless another time is specified) at the same place. (1) (2) (a) October 23, 1959 through flovember 3,1959 $ 1,000,000 (b) flovember 4, 1959 through January 21, 1960 $ 5,000,000 (c) January 22, 1960 through fiarch 7, 1960 $10,000,000 (d) flarch 8, 1960 through July 7, 1960 $ 1,000,000 (e) July 8,1960 through December 31, 1965 $46,500,000 (f) January 1, 1966 through January 31, 1969 $57,350,000 (g) February 1, 1969 through February 29, 1972 $63,550,000 l (h) 11 arch 1,1972 through February 28, 1974 $73,625,0n0 (i) 11 arch 1, in74 through fiarch 20, 1075 $85,250,000 (j) l1 arch 21,1975 through the end of the policy period $96,875,nq0 3. The limit of liability specified in 2(a) above shall be the total liability of the companies for their obligations under this policy and for all expenses incurred by the conpanies in connection with such obligations because of bodily injury or property damage which is caused during the period specified thereunder by the nuclear energy hazard and which is discovered and for which written claim l is made against the insured not later than ten years after the end of the policy period. l 4 The limits of liability specified in 2(b) and 2(c) respectively l above shall be the total liability of the companies for their obligations under this policy and for all expenses incurred by the companies in connection with such obligations because of bodily i 1

injury or property-damagc~ which is caused during the respective periods specified thereunder by the nuclear energy hazard, and which is discovered and for which written claim is.made against the ) insured.not later than two years after flarch 7,1960. 5. The limit of liability specified in 2(d)'above shall be the total liability of the companies for their obligations under this policy.- S. and for all expenses incurred.by the companies in connection with such obligations because of bodily injury or property damage which 'is (a) caused during the period from flovember a,1959 through 11 arch j 7,'1960 by the nuclear. energy hazard and for which written claim { is made against the insured later than two years after flarch 7,1960 but not later than ten years after the end of the policy period; j or (b) caused during the period specified in 2(d) above, by the nuclear energy hazard, and which is discovered and for which written k claim is made against the insured not later than ten years after the end of the policy period. 6. The limits of liability specified in 2(e), 2(f),- 2(g), 2(h), 2(i) and 2(j) respectively above ~ shall be the total liability of the companies for their obligations under this policy and for all expenses incurred by the companies in connection with such obligations because of bodily injury or property, damage which is caused during the respective periods specified thereunder by the nuclear energy hazard, and which is discovered and for which written claim is made against the insured' not later than ten years af ter the end of the policy period. 7. The limits of liability specified in paragraph 2 above, subject to all the terms of the policy having reference thereto including the provisions of this endorsement, shall not be cumulative and each payment made by the companies after the effective date of this endorsement for any loss or expense covered by the policy shall reduce by the amount of such payment each of the limits of liability l specified in Paragraph 2 above, regardless of which limit of lia-bility applies with respect to the bodily injury or property damage out of which such loss r expense arises. .s,. Nr Q ) \\ r y -... ~ _ _

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\\ .,- 1 -; in de3 : 9 (' % : L:. ~~G-lif-76 * ' Effective Date of January 1, 1977_ 'To form a part of Policy No p this Endorsement r 12:01 A.M. Standard Time . ~.. ' Yankee Atomic Electric Company Issued to. For the su cribing co panies Date of Issue December _ 15. 1976 By ) l V General Manager 6 f adorsement No Countersigned by

~ Nuclear En:rgy Liability insurance L NUCLEAR mERGY LIABILITY INSURANCE ASSOGTION i AMEllDMEllT OF LI!11T OF LIABILITY EllDORSEf1EilT It is agreed that-1. Endorsenent flos. 2, 5, 6, 7, 31, 45, 55, F7 and 71 are hereby deleted. 2. The limit of the companies' liability as stated in Item 4 of the declarations of the policy is amended to read: l The limit of the companies' liability for each of'the periods i specified in _ Column (1) below shall be the limit specified in Column (2) below subject to all the terms of the policy having reference thereto including the provisions of this endorsement. t Each period begins at 12:01 A.!!. Standard Time on the earlier l date specified (unles: another' time is specified) at the address i of the named insured as stated in Iten 1 of the declarations and continues through the conclusion of the later date specified I (unless another time is specified) at the same place. (1) (2) (a) October 23, 1959 through flovember 3,1959 $ 1,000,000 (b) flovember 4,1959 through January 21, 1960 $ 5,000,000 (c) January 22, 1960 through itarch 7,1960 $10,000,000 (d) liarch 8,1960 .through July 7, 1960 $ 1,000,000 (e) July 8, 1960 through December 31, 1965 $46,500,000 (f) January 1, 1966 through January 31, 1969 $57,350,000 (g) February 1, 1969 through February 29, 1972 $63,550,000 (h) flarch 1, 1972 .through February 28, 1974 $73,625,000 (i) itarch 1, 1074 through flarch 20, 1o75 $85,250,000 (j) March 21,'1975 through the end of the policy period $96,875,000 7 3. The limit of liability specified in 2(a) above shall be the total liability of the companies for their obligations under this policy and for all expenses incurred by the companies in connection with such obligations because of bodily injury or property damage-which is caused during the period specified thereunder by the nuclear energy hazard and which is discovered and for which written clain is made against the insured not later than ten years after the end of the policy period. l a. The limits of-liability specified in 2(b) and 2(c) respectively above shall be the total liability of the companies for their l obligations under this policy and for all expenses incurred by the l companies in connection with such obligations because of bodily l l l I i 1

injury or property damage which is caused during the respective periods specifi.ed thereunder _by the nuclear energy hazard, and which is discovered and for which written claim is made against the insured.not later than two years af ter flarch 7,1960. 5. The limit of liability r,pecified in 2(d) above shall_be the total liability of the companies for _their obligations under this policy and for all expenses incurred by the companies in connection with such. obligations because of bodily injury or property damage which is (a) caused during the period from flovember 4,1959 through f! arch l 7, 1960 by the nuclear. energy hazard and for which written clain is made against the insured later than two years af ter flarch 7,1960 but not later than ten years after the end of the policy period; or (b) caused during the period specified in 2(d) above, by the nuclear energy hazard, and which is discovered and for which written claim is made against the insured not later than ten years after the end of the policy period. 6. The limits of liability specified in 2(e), 2(f), 2(g), 2(h), 2(i) and 2(j) respectively above shall be the total liability of the- [ companies for their obligations under this policy and for all expenses incurred by the companies'in connection with such obligations because of. bodily injury or property damage which is caused during the respective periods specified thereunder by the nuclear energy hazard, and which is discovered and for whic.h written claim is made against the insured not later than ten years af ter the end ri the policy period. 7. The limits of liability specified in Paragraph 2 above, subject to all the terms of the policy having reference thereto including the provisions of this endorsement, shall not be cumulative and each payment made by the companies after the effective date of this endorsement for any loss or expense covered by the policy shall reduce by the amount of such payment each of the limits of liability specified in Paragraph 2 above, regardless of which linit of lia-bility applies with respect to the bodily injury or property damage out of which such loss or expense arises. 1. l 4 ;2 - t I \\\\ i e 1 ' f'c \\\\ h)[ I L ' \\\\ l flF-76 .' EHective Date of January 1, 1977 12:01 A.bd.~Itandard'iid ' Yankee Atomic Electric Company k ~ ~

ssued to For the su icribing Cor"panies -

Date of Issue Deconber-15. 1976 By General Manager 76 Endorsement No Countersigned by

uclear Energy Liability insuran;u NUCLEAR ENERGY LIABILITY. INSURANCE ASSOCIATION AttENDMEllT OF CONDITION 2 "IflSPECTION; SUSPENSI0ri" (Facility Form) It is agreed that Condition 2 " INSPECTION; SUSPEf!SI0tl" is replaced by the following: 2 INSPECTION; SUSPENSI0rt The companies shall at any time be permitted but not obligated to inspect the facility and all operations relating thereto and to examine the insured's books and records as far as they relate to the subject matter of this insurance. Neither the right to make inspections and examina ' tions nor the making thereof nor any advice or report resulting therefrom shall constitute an undertaking, on behalf of or for the benefit of the in-suced or others, to determine or warrant that such facility or operations are safe or healthful, or are in complivce with any law, rule or regulation. If a representative of the companics discovers a^ condition which he believes to be unduly dangerous with respect to the nuclear energy hazard, a repre-sentative of the companies may request that such condition be corrected with-out delay. In the event of non-compliance with such request, a representative of the companies may, by notice to the named insured, to any other person or 4 organization considered by the companies to be responsible for the continuance of such dangerous condition, and to the United States Nuclear Regulatory Com-I mission, suspend the insurance with respect to the named insured 2.nd such other person or organization effective 12:00 midnight of the next business day of such Commission following the date that such Commission receives such notice. The period of such suspension shall terminate as of the time stated in a written notice from the companies to the named insured and to each such person or organization that such condition has been corrected. l c t'. .h :::l 13

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~'"C c, t c. _ ._x. u.- N qgv G: ~1 c.- '. _ u ; - =ca ~- ___'._z,, q 3.g Effective Date of January 1, 1977 i To form a part of Policy No NF_ 76 this Endor.sement 1 ol A.M. Standard Time issued to Yankee Atomic Electric Company Date of issue December 15, 1976 For the su 3cribing co panies By ,_ f General Manager 1 i Endcrsement No 77 Countersigned by NE-46 -(1/1/ 77)

Nuclear Energy Liability Insuranc' NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION WAIVER OF DEFEilSES ErlDORSE!4ENT (Extraordinary Nuclear Occurrence) -The named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

1. With: respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial ~ protection and which -

(a) arises out of or results from or occurs in the course of the con-struction,' possession, or operation of the facility, or (b) arises cut' of or results from or occurs in the course of the transportation of nuclear material to or from the facility, I the insureds a'nd the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to: (i) negligence, (ii) contributory -negligence, (iii) assumption of' risk, and (iv) unforeseeable intervening causes, whether involved the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3)'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 bodily injury or property damage.and the cause thereof, but in no event more than twenty years after the date of the nuclear incident. The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be' deemed jurisdictional or relating to an i element in the ~cause of action.

2. The waivers set forth in paragraph 1. above do not apply to (a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; I

(b) bodily-injury sustained by any claimant who is employed at the site of and-in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either pa'yable or re-quired to be provided under any workmen's compensation or occupational disease law; l (c) any claim for punitive or exemplary damages, provided, with r.:spect to any claim'for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant-has sustained actual damages, reasured by the pecuniary injuries resulting from such death but not to exceed the maximum amountrotherwise recoverable under-such law. 1E. 3 33-(over)- ~ .,n.

3. The waivers s t forth'f paragraph 1. above shall be ef' tive only with respect

~ to bodily in' jury or prgerty damage to which the policyipplies under its terms other than this endorsement; provided, however, that with respect to bodily in-jury or property damage resulting from an extraordinary nuclear occurrence, In-suring Agreement IV, " Application of Policy", shall not operate.to bar coverage for bodily injury or property damage (a) which is caused during the policy period-by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty years after the date of the extreordinary nuclear occurrence. Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a).the provisions of the policy applicable to the financial pro-tection required of the named insured; (b) the agreement of indemnification between.the named' insured and the the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of. Subsection 170e. of the Atomic Energy Act of 1954, as amended. Such waivers shall not preclude a defense based upon the failure of the claim-ant to take reasonable steps to mitigate damages.

4. Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set.forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury or property damage to which the policy applies as proof of financial protection.
5. As used herein:

"extracrdinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended. " financial protection" and " nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended. 5 " claimant" means the person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal represent-4 atives and other persons or organizations: entitled.torb~ ring an" action for P m:c --: damages on account of such injury. or-damage.

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..A- ... w... : L.. :. \\ I ( \\\\ \\! lC i t /k f V \\ To forrn a p\\ (of yp 76 I' this Endorsement January 1, 1977 \\ Effective Date cf \\ ar p!_ icy tfo 12:01 A.M. Standard Time V i Issued to Yankee Atomic Electric Company R -- - gV ~ For the su' cribing cc panies Date of issue _._2eLCnher 15_ 1976 By ) Y v General Manager Encorsement t;c. 78 Countersigned by NE-33a (1/1/ 77 ) j

Nucl:ar Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION .A!1ENDMENT OF C0flDITI0f1 4 ..AfiD AMENDMENT IN 1977 SUBSCRIBING COMPANIES i AND IN THEIR PROP 0RTI0f1 ATE LIABILITY ENDORSEMENT-t It is agreed that: 1. with respect to bodily injury or property damage causec' after 1 the effective date of this endorsement by the nuclear energy hazard, the figure $95,875,000 stated in Condition 4 of the policy is amended to read $108,500,000. i. l 2. the listing of subscribing companies and their proportionate liability for calendar year 1977 shown on the reverse side of the Advance Premium and Standard Premium Endorsement for Calendar Year 1977 is replaced by the listing on the reverse side of this endorsement. l (over) l J T.i: i: 7: '.:" - i~ - 2. 2 :.'. : i * ..x ci T'. .a _ ; ;. :.:... :: ~ ". .c .. : - 7;.. ; a 3 5 3 ; _ isns :i.treon '. :

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~ d V 1 \\. l .s - r-5. ,.___.;_;i.n L i_.:: E..:_ '~..... a::;;;.. ~_. ; :.;:c L::::. e 9 this or ement To form a part of Policy No. NF-76 12:01 A.M. Standard Time l Issued to Yankee Atomic Electric Co. s Date of issue January 31. 1977 For the su scribing co panies By - f k V General Manager l Endorsement No Countersigned by NE-43D (1/1/77) ~

525CRI"ING C0'TA'i!ES FROPORTION OF 1C0: Aetna Casualty and Surety Co., Tre. 151 Farmington Ave.. Hartford, CT 06156 11.4807836 Aetna Insura - Cerrany. 55 C1n St. Hartford. CT 06115 2.3753345 Allstate Irsu ance Co., 0324 Skokie Blvd., Skokie. IL 60076 4.7506E91 r fcerican Home Assurance Cu.,102 Maiden La., New York, NY 10005 .6730115 Amrican Motorists Insurance Co., Long Grove. Il f 0049 .3958891 Centennial Irsurance Co. 45 kall St., New York, NY 10305 .2958891 Co m rcial l'nion Insurance Co., Cre Beacon St., Ecston. MA 021',8 3.4833240 Continental Casualty Co.. CNA Pla:a, Chicago. IL 60C85 4.4339578 Continental losurance Co.. The, E0 Maiden La., New York. NY 10038 6.3342254 Federal losurarce Co. 51 John F. rennedy Pkwy., Short Hills. NJ 07078

1. 266M 51 Fireman's Fund Ir.surance Co., 3333 California St., San Francisco, CA 44119 4.3547800 ~

General Accident Fire and Life Assurance Corp., Ltd. 414 Walnut St.. Philadelphia, PA 19105 1.3460229 Great American Insurance Co. 580 kainut St.. Cincinnati. OH 45201 1.3301873 Gulf Insurance Co., 3015 Cedar 5:: rings, Dallas. TX 75221 .1583555 '.:.nover lesurance Co., The. 440 Lincoln St.. Worcester. MA 01605 .4750669 Hartford Accident and indemnity Co., Hartford Pla:a, Hartford. CT 06115 7.9177318 Hartfoed Steam Boiler Insp. A Ins. Co.. The. 56 Frospect St.. Hartford. CT CA102 43547E0 Hcme Indeonity Co., The, 59 Maiden La.. New Ycrk, ta 10038 2.7712235 Insurance Co. of Not th America,1(30 Arch Street, rhiladelphia PA 19101 6.3342250 Maryland Casualty Co.. P.O. BOX 1223. Baltimore. MD 21203

1. 58355f 4 Monarch Insurance Co. of Ohio. The.19 Rector St., Ne York, NY 10006

.2771224 Nerthwestern National Ins. Co., 731 No. Jacksen St.. Milwaukee. WI 53202 .55'2447 Facific Indennity Co., 3200 Wils* ire Blvd., Los An0eles, CA 90054 .3167113 Feerless Insu ance Co. 62 f4ple *.e.. Keene, NH 03:31 .n?59723 r Fncenix Assurance Co. of NN Yor6 80 M3iden La., New York. NY 10038 475Cff9 Protective Irsuran:e Co., 3100 ' "eridian St., Irdia9arolis, IN 46203 .1553556 Provider-ce Washington Insurane ::, 20 bashingter. Fla:e. Frcvidence. RI 02903 .09E9723 Pu itan Insurar:e Comrary.1515 5 ~ cr St., Sta-fcrd. CT C6905 .2375335 r Feliance Insurance Comrany 4 Fe~ Certer Plaza. Ftiladelphia, F A 19103 1.26fe*51 R3yal Globe Insuracce Corrany.15n William Street. Nee York. New Verk 10038 3.5630019 St. Faul Fire 's Marir.e les. Co., "iS W5shinnton St. 5: Paul, M155102 3.93355:1 Seatoard Surety Co. 93 William St.. New York, NV 1003^ .3167113 5ecurity lniurance Cortany of HaMfced.10PO Asyle A.e.. Hartford, CT 06101 1.0fS9005 State Farm Fire f. Cassalty Ccta

f. 112 East Wasnington St.. Blocningten. IL 61701

.7917722 Transererica Insurarce Co. 1150 5:. Olive St.. Les Aqeles. CA 90015 .6334225 Travelers Indcenity Covary. The. Se Tower Square, Hartford. CT 06115 11.2432501 United States Fidelity and r.uararty Co., P.O. COX llP Baltirere. MD 21203 9.0262712 United States Fire Inscrance Co., %dison Ave, at Canfield Rd., Morristown, NJ 07960 2.850'014 Zurich Insurance Co., 111 West Jacksen Elvd.. Chicago, IL 60004 .7417752 NC-77a Attachnent to Endt. No. 81 i PR GEmpat e

[ tuclear Energy Liability insurarus NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION I AMENDMENT OF DEFINITION OF [ " NUCLEAR ENERGY HAZARD" (Indemnified Nuclear Facility) It is agreed that:

l. Solely with respect to an " insured. shipment" to which the policy applies as proof of financial protection required by the Nuclear Regulatory l

Commission, subdivision (2) of the definition of " nuclear energy hazard" is amended to read: (2) the nuclear (naterial is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a) the territorial limits of the United States of America, its territories or possessions, Puerto Rico or the Canal Zone; or (b) international waters or airspace, provided that the nuclear material is in the course of trans-portation between two points located within the territorial limits described in (a) above and there are no deviations in the course of the transportation for the purpose of going to any other country,' state or nation, except a devia-tion in the course of said transportation for the purpose of going to or returning from a port or place of refuge as the result of an emergency.

2. As used here, " financial protection" has the meaning given it in the Atomic Energy Act of 1954, as amended.

_i A. \\'\\ q -) Q \\J 3 ~ - ~ * * ' ' ~ ',. ~. ~ ~ Ef fective Date of this Endorsement Ja rlua ry._1..._] 977 To form a part of Policy No NF-76 12.01 A.M. Standard Time issued to - Yankee Atoraic Electric Company Date of issue DCCimber_]L_1976 For the su' scribing co panies By I General Manage 9 Endorsement No 79 Countersigned by HE-44 (1/1/77)

ucicar Energy Liability insuranu NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDMENT OF DEFINITION OF "fiUCLEAR ENERGY HAZARD" (Indemnified Nuclear Facility) It is agreed that:

1. Solr.ly with respect to an " insured shipment" to which the policy applies as proof of financial protection required by the Nuclear Regulatory Comn.ission, subdivision (2) of the definition of " nuclear energy hazard" is amended to read:

(2) the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental.thereto, within (a) the territorial limits of the United States of America, its territories or possessions, Puerto i Rico or the Canal Zone; or (b) international waters or airspace, provided that the nuclear material is in the course of trans-portation between two points located within the territorial limits described in (a) above and there are no deviations in the course of the transportation for the purpose of goina to any other country, state or nation, except a devia-tion in the course of said transportation for the purpose.of going to or returning from a port or place of refuge as the result of an emergency.

2. As used here, " financial protection" has the rrr.ning given it in the Atomic Energy Act of 1954, as amended.

~:::: L.C f.C 2 - iG.C. a. k \\.> \\ a:= " Effective Date of i inis Endorsement da000ry ].,_.197.7 To form a part of Policy No NF 76 12.o1 A.M. Standard Time j ' sued to Yankee Atomic Electric Company 4 Date of issue DRfCmher_ ll,__1976 For the su' cribing companies j 1 8 y._ _ f v General Manager, l Enocrsement No-79 Countersigned by.: NE-44 n .(1/1/77) (

Nuclear Ensrgy 1. lability insuran" NUCLEAR EWERGY LIABILITY INSURANCE %SSOCIATION

1) ADVAfiCE PREF 11Uft Af!D STAllDARD PREF 1IUM Ef!DORSEMEllT
2) CHAf1GES If1 SUBSCRIBIllG COMPAllIES A!!D Irl THEIR PROPORTI0flATE LIABILITY EflDORSEMEllT Calendar Year.1977 la. ADVAtlCE PREMIUli: It is agreed that the Advance Premium due the companies for the period designated above is:

143,375.00

b. STAf1DARD PREMlUM Afl0 RESERVE PREMIUll: In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the pro-visions of the Industry Credit Rating Plan', the Standard Premium.is said Advance Premium and the Reserve Premium is:

106,640.00 2. It is agreed that with respect to bodily injury or property damage caused, ~ during the effective period of this endorsement, by the nuclear eneroy hazard:

a. The word " companies" wherever used in the policy means the subscribing ~ companies listed on the reverse side of this endorsement.
b. The policy shall be binding on such companies only.
c. Each such company shall be liable only for its proportion l

of any obligation assumed or expense incurred under the i policy because of such bodily injury or property damage as designated on the reverse side of this endorsement. 3. It is agreed that the effective period of this endorsement-is from the beginning of the effective date of this endorsement stated below to the i i close of December 31st of the Calendar Year designated in the caption above, or to the time of the termination or cancellation of the policy, if. sooner. (Over) 1 i M' [ - [_, [ 3. U -: - ..:.~ / ~- r7-- ^ . of tlD } ~ ~ ]" r iprUL'# ) 4 \\ il" \\ s. C:=.:'}l: j --_ l l.*'; .a =... ~t is or ent__ January 1, 1977-To forrn a part of Policy No f;F 76 12:01 A.M.- Standard Tirne - lssued to Yankee Atomic Electric Comoany Date of issue ' normhor 31. l o76 For the su scribing co panies By A /I General Manager ~ 80 En&sement No Ccuntersigned by - l 'fN-35 [i/D 77)~

SUB5CRIBitJG C0$$A'ilE5 rP0009 Tit'l Or 1nv 'tm Cetualty a d Surety Co.. The 151 Farmington Ave.. Hartford. CT 06156 11 J 16"2 Aatna lesurae:c Corracy. 55 Elm St.. Hartford, CT M115 2.32131'n filstate Inn a :e Co. 0324 Skokie C1vd.. Skekie. IL 6997p 4.647F??1 A erican H: e Assurance Co.,102 fiaiden La., flew York, fit 1%15 .65ealt5 American !btc*ists lesurance Co., Long Grove. IL 60041 . W 3127 Centennial lesurance Co. 45 Wall St.. flew York !!Y 10'ns . W 1727 Co r'ercial Urien lesurance Company. One Beacon St.. Eoston, m n210'1 3.7181055 centirental Cas,alty Co.. Cf;A Plaza. Chicaco. IL 60ARS 4.6376321 Continental irsuraece Coetany. The.. W1 nalden La. riew York. r;Y 19039 6.1c68427 Federal lesuran:e Co., 51 John F. rennedy Tkwy.. Shor Hills, rQ 07070 1.23i3fR5 Fireman's Furd lesurance Co. 33?3 Calif ornia St., San Francisec. CA 9411n A.269320s General A:cident Fire and Life Assurance Corp.. Ltd.,414 Ma1 nut St. Philadelphia, PA 19105 1.1163??1 Great Ar<rican lesurar.ce Co., 530 !!alnut St.. Cincinna ti OH 45291 1.3013376 "ulf Insurance C:. 3015 Cedar 5; rings. Dallas TX 75221 .1549211 hanover lesu*ance Co. The. 440 Lincoln St. Worcester M 01665 .a'U632 Hr.rtfcrd A:cuert and ledennity Co.. Hartford Plaza. Hartford. CT C6115 7.74 A1518 Hartfo*d Stes-E>iler Insrection and lesurance Co.. The. 56 Prospect St.. Hartford. CT 06112 .aZA1?23 W"e IMe rtty C:. The L'? Maiden La.. f:ew York. f:Y 1003*1 2.711110 lesurance Cc7ar/ cf fierth America. If00 crch St. Philahlphia. P A 19191 6.971H'1 daryterd Cas.alty Co.. P.O. BOX 1220. f altirere. *tD 21293 1.5202107 itnartt Its;-ae:e (c. of Ohio. Tee. 19 Fector St.. fi% Vork. ':V 196V .271111" ..crtn.estern *.at+oaal Insurance Co. 731 'Iorth Jacksen St.. "ilwaube. "I Wa2 .5?2?237 Fa:ific lefe--i*y Ce. 3200 !Jilshire Boulevard. Los Anaeles. Ca 696V .3 W F'1 Feerless !rsva*:e Co.. C2 Manle Ave.. keere, f4ew wa-rshi e 63'31 0~6C F7 F%eais Assvar:e Cc pany cf f.ew York. *$1 Maiden La.. '4e4 York. *.* I nm ."U"' Provide-:e in sategten Irsurance Co., 29 Washington Place. Previdence, el 62003 .ne!*I:7 raritae !*su-s*:e tcmany.1515 Su-ce St.. Stamford, CT nAom .7M"l' Feliar:e lesea :e 00 tany 4 Penn Center Pla:a. Philadelnhia. M 16101

1. 2 3 P"5 R>al 51:te '

..-a.:e Co.,150 Willian St., New York. th 102 1 A

  • 31" 7 5

Fast Fire a-: Marineinsurance Co. 315 Washinnten St.. St. Paal. "155197

3. ' T P Seatca'd h*et.

o. 97 William St.. fW Vork. *1Y 1903'1 . 3"' ' U Secu ity les.*ar:e Cemany of Hartford,1%1 Asylun Ave. Hartford. Ci n'1n) 1.r.* 5 7 U2 r Stata Fara F'*e aac Casaalty (cmany.112 East Hashington St. 31co-ington. IL 61791 .77*'" 1 Traest =rica insraece Co. 1151 So. Olive St., Les Anaeles, CA 90115 51mft:3 Travelers Iwaity Cer;pny. The. One Tower Souare. Har tferd. CT M115 10.9 C93' 31 Vet ted 5!ates Fide 11ty and Guaranty Co.. F.O. B011133. Balti cre. MO 21263

81. R 3W "

L'nittJ States Fire Ir.surarice Co. fiadison Ave, at Canfield Rd. fiorristown. f;.1 <t7060 2.* 350 9 2 uric % Irsuraace Co.,111 West Jackson 51vd., ChiCa9o. IL (9F4 774P53 NE-17

'r -NUCLEAR ENERGY LIABILITY INSURANCE _g... MUTUdL ATOMIC ENERGY' LIABILITY UNDERWRITERS i ADVANCE PRDfILH ENDORSEMENT and STANDARD PRDfIDI ENDORSDENT Calendar Year 1977 1. ADVANCE PRD'IDi It is agreed that the Advance Premium due the companies for the calendar year designated above is S 41,625.00 2 STANDARD FPIMIDI AND RESERVE PREMIUM In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the provisions of the Industry Credit Rating Plan, i the Standard Premium and Reserve Premium are: i Standard Premium 41,625.00 Reserve Premium 30,960,00 s Effective Date of To form a part this Endorsement January 1, 1977 of Policy No. MF-26 Issued to Yankee Atonic Electric Company Date of Issue December 6, 1976 ~: - - N I-. For the Subscribing Companies b-

1

....b3 MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ^ ,. - a l ~ By.. / .- / 4- _.j, --~,.,.m,' Countersigned by Endorsement No. . - 61H ' ~ AUTHORIZED REPRESENTATIVE i I 6 I e .c- --r--

NUCLEAR ENERGY ' LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDMENT OF CONDITION 2 " INSPECTION; SUSPENSION" (FACILITY FORM) it is agreed that Condition 2 " INSPECTION; SUSPENSION" is replaced by the-following:

2. INSPECIION; SUSPENSION.

The companies shall at.any time be permitted but not obligated to inspect the facility and all operations relating thereto and to exacine the insured's books and reccrds as far as they relate to the subject matter of this insurance. Neither the right to cake inspections and examinations f' nor the caking thereof nor any advice or report resulting therefrom shall consti-tute an undertaking, on behalf of or for the benefit of the insured or others, to determine or warrant that.such facility or operations are safe or healthful, or are in co=pliance with any law, rule or regulation. If a representative of the companies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hazard, a representative of the companies may request that such condition be corrected without delay. In the event of non-compliance with such request, a representative of the companies may, by notice to the named insured, to any other person or organization considered by the companies to be responsible for the continuance of such dangerous condition, and to the United States Nuclear Regulatory Commission, suspend _the insurance with respect to the na=ed insured and such other person or organization effective 12:00 midnight of the next business day of such Cc= mission following the date that such Ccemission receives such notice. The period of such suspension i shall ter=inate as of the tine stated in a uritten notice from the conpanies { to the named insured and to each such person or organization that such condition j has been corrected. J""""#F l' 1977 Pofi No >T-26 t s o Yankee Atomic Electric Company January 14, 1977 Date of Issue _ N}~ For the Subscribing Companies MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS By ' n.. / ba. Endonemen: No.'6~' Countersigned by Arntor.tzro Rseauzx7Arni P96R 3 RIG!ML =

Q $ 4 9:p *:e, 29 + e ?,. l \\> YY f kh z.f d?h '$ *'$ p f N /fkh' W///l f,,, V V IMAGE EVALUATION N ~ TEST TARGET (MT-3) Y i 1.0 lf 2 at e m gi=u ca b n; g~=2 0 1.1 p. lL8-I.25 1.4 1.6 di Q W si, v I

'=-- ~_ s f> / to j / + TEST TARGET (MT-3) l t 1.0

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  • $N 1!L 1.25 IA 1.6 4-6" y

i y ,o/ 4% V f'*n[>N,,

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NUCLEAR ENERGY LLABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDMENT OF DEFINITION OF " NUCLEAR ENERGY HAZARD" (Indemnified Nuclear Facility) It is agreed that: 1. Selely with respect to an " insured shipcent" to which the policy applies as proof of financial protection required by the Nuclear Regulatory Commission subdivision (2) of the definition of " nuclear cnergy hazard" is amended to read: (2) the nuclear caterial is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and te=porary storage incidental thereto, within (a) the territorial li=its of the United States of America, its territories or possessions, Puerto Rico or the Canal Zone; or (b) international waters or airspace provided that the nuclear naterial is in the course of transportation between two points located within the territorial limits described in (a) above and there are no deviations in the course of the transportation for the purpose of i going to any other country, state or nation, except a deviation in the course of said transportatien for the purpose of going to or returning from a port or place of refuge as the result of an energency. 2. As used here, " financial protection," has the meaning given it in the Arcaic Energy Act of 1954, as atended. Effective Daa c. To form a part this Endorsemer.t Januarv 1, 1977 nf p o;; y 3 0. w_2 6 Yankee Atenic Electric January 1, 1977 ? v. - For the Subscribing Companies c)1 31UTUA.L. ATO311C ENERGY LIABILl'lY UNDERWRITERS By 4 63 Endorsement No. Countersigned by At;Tucu:ra RatautNTAT va

n. o..

J

NUCLEAR ENERGY LIABILITY INSURANCE

q p MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS V'sIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)

The named insur-d, acting for himscif and every other insured under the policy, and the cembers of the Mutual Atomic Energy Liability Underwriters agree as follows: 1. With respect to any extraordinary nut _ car occurrence to which the policy applies as proof of financial protection and which (a) arises out of o results from or occurs in the course of the construction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportat.on of nuclear caterial to or from the facility, the insurcds and the companies agree to waive (1) any issue or defense as to the conduct of the clainant or the fault of of the insureds, including but not limited to: (i) negligence, (ii) contributory negligence, (iii) assumptien or risk, and (iv) unforeseeable intervening causes, whether involved the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or govern ental innunity, and (3) any issue or defense based on any statute of limitations if suit is instituted within three years frcs the date on which the claicant first knew, or reasonably could have known, of his bodily injury or property danage and the cause therecf, cut in no event note than twenty years after the date of the nuclear incident. The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deered jurisdictional or relating to an element in the cause of action. 2. The waivers set forth in paragraph 1. above do not apply to (a) bodily injury or property dacage which is intentionally sustained by the clainant or whicn results from a nuclear incident intentionally and rongfully caused by the claimant; (b) bodily injury sustained by any claicant who is e= ployed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if bcnefits therefo: are either payable or required to be provided under any workers' compensation or occupational disease law; (c) any clain for punitive or exenplary damages, provided, with respect to any clain for wrongful de.h under any state lat. which provides for danages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual danages, censured by the pecuniary injuries resulting fro: such death but not to exceed the maximum amount otherwise recoverable under-such law. p 7

. 3. The waivers set. forth in paragraph 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms cther than this endorsement; provided, however that with ' respect to bodily injury or property damage resulting from an extraordinary nuclear occurrence, Insuring Agree =ent IV, " Application of Policy," shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy period by the nuclear energy hazard.and (b) which is discovered and for which written clain is made against the insured not later than twenty years t f ter the date of the extraordinary nuclear occurrence. Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the r,rotection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indennification between the naced insured and the Nuclear Regulatory Conmission cade pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the linit of liability provisiens of Subsection 170 e. of the Atomic Energy Act of 1954 as amended. Such waivers shall not p:celude a defense based upon the failure of the claimant to take reasonable steps to citigate damages. 4

4. Subject to all of the limitations stated in this endorsenent and in the Atonic Energy Act of 2954, as acended, the waivers set forth in paragraph 1. above shall be judicially eaforceable in accordance with their terms against any iatured in an action to recover damages bacause of bodily injury or property damage to which the policy applies as proof of financial protection.
5. As used herein:

" extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Co=nission has determined to be an extraordinary nuclcar occurrence as defined in the Atomic Energy Act of 1954, as amended. " financial protection" and " nuclear incident' have meanings given then in the Atcaic Energy Act of 1934, as amended. "clait: ant" neans the person or organization actually sustaining the bodily injury or property damage and also include his assignees, legal represen-tatives and other persons or organications entitled to bring an action for dat. ages on account of such injury or danage. Efie:tive Erae of To form a part this Endorser..ent Janurry 1, 19.// mf poli;y No, E-2.5 Yankee Atonic Electric """#7 1

  • 1977 Date of Issua

', i.- 4 7 ~~ For the Subscribin;; Companies MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS By Endorsement No. Counterdgned by Atmuzw ranmmmx

  1. p.

NUCLEAR ENERGY LIABILITY INSURANCE -m_ MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDMENT OF CONDITIC 4 4 ENDORSFMENT It is agreed that with respect to bodily injury or property damage caused after the effective date of this endorsement by the nuclear energy hazard the figure $28,125,000 stated in Condition 4 of the policy is amended to read $31,500,000. 4 l Effective Date of To form a part this Endorsement .Ianuary 1. 1977 ._of po!jy No, MF-% an ee At mic Electric Company Issued to February 28, 1977 Date of Issua / ims a vs c:" ;r( Tm: vs is a y.

,. :: em:1.ca a. --

. - N; { l'0'#) .[; r the Subscribing Companies i ..'[,',[:,cp:qpa;P / dIUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ,/ )&c.:p. 'i'N ~ ^j i, jajn:q l By / c,...,,,. c..... - ,,:g , ;ca ! ' ; E ' O'-" ' 65 Endorsement No. Countersigned by Aunrouzan RzensssxT Arryx NE 43E (1/1/77)

8 NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS M!ENDATORY END0RSEMENT It is agreed that: 1. Endorsement No. 61, " Advance Premium for Calendar Year 1977" is hereby 4 renumbered No. 62. 2. Endorsement No. 62, " Amendment of Condition 2 ' Inspection; Suspension'" is hereby renumbered No. 63. 3. Endorsement No. 63, " Amendment of Definition of ' Nuclear Energy Hazard'" is hereby renumbered No. 64. 4. Endorsement No. 64, " Waiver of Defenses," is hereby renumbered No. 65. 5. Endorsement No. 65, " Amendment of Condition 2" is hereby renumbered No. 66. Effective Date of To form a part !!F-26 this Endorsement Inn",ry 1-1977 nf Policy No. Inued to Ynnkaa Arnmic Flarer4" en-nany Date of Issu, April 21, 1977 W e ra rrn.77 nr.T in t 5 : ,a r ;n - < . ' " '""7-~ - I' ~ _ f _ ~l'. For the Subscribing Companies i ..m. c, t. MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Dy .., y ,ys i /- ...z_ ~ ' - + -. ../.,-{:3 Endorsement No. 67 Countersigned by AUTHOU2ED RsraE$ENTATVE l s-*. l .n n+, ,-. m

/ NRC FORM 195 U,$. NUCLEOR QEGULATORY C6MMISSION DOCr T N ' 4 Del g (2 761 4* / i NRC DISTR'IBUTION FoR PART 50 DOCKET MATERIAL TO: l FROM: DATE OF DOCUMENT Jerc=e Saltzman Yankee Atomic Elec Co 7-5-77 Westborough, Mass

  • OATE RECEIVEO J. C. Nesbi'.t 7-8-77 CLEMER UNOTORIZEO PROP INPUT F ORM NUMBER OF COPtES RECEIVED CRIGIN AL

[; U N C LASSi FI E D gg CESCRIPTION ENCLCSURE Ltr trans the following: Endorsements 77, 76, 78, 79, 80 C 81 to NELIA Policy NF-76 C Endorsement Nos. 61, 62, 63, 64, 65 C 67 to MAELU Policy MF-26 8 cys ea encl PLAW N M.: Yankee Rowe retyped per LML 7-13-77 -+ bp)? */fi' DW G;U n'a. e,$ p f tu, 6 A U Mith m a t Em ]_.

USN"^^""'""'"~"'" " " ' " * ' ~ 'C/" '95 Nd-2M

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NRC DISTR'IBUTION ren l-: AT 50 DOCKET M ATERI AL FROM: DATE CF CCCUMENT 70: Yankee Atomic Elec. Company 7,5/77 'a'es tborough, Mass. 4 oATE RECEIVED Mr. Jerome Salzman J. C. Nesbitt 7/8/77 _X_ E r E n CNoTom:53 PRCP INPUT FORM NUMBER oF COPIES RECEIVED ~ 3~ mclNAL Q Ng gggg; p g g g l SI 6iv E D = c =" ENCLCSURE ESORIPTION 4 ( Consists of endorsements for Nuclear Energy Liability {nsurance Association f and Mutual Atomic [ Energy Liability Underwriters..... r m ,) w..w Y h. u-p.. s

  • T D.

-m. .p_._,,, ~) (l-P) (20-P)f W ;._.V 4 -- LANT NA.Mr: Yankee Rowe RJL 7/12/77 FOR ACTION / INFORM ATION ENVIF5NMENTAL carr y ASSIONED AR-I ASSIGNED AD: V. MOORE (LTR) i 3 RANCH CHIEF:

ANCu CHT I

OROJECT vf.'AGER: I ~~ PROJECT MANAGER: l L LICENSING.SSIST.22;T: I LICENSING ASSISTANT: I / D>ni+e u.) / 2. cY5 I 8 1

3. MARLESS INTERNAL DISTRIEUTICN j

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  • 3 7 c5?OEDER I

l EE' AEOYA DENTON & MULLER l . 7 i 7:1c I C pt: cu r 7 t n j m r-, "OccICK 2 STAFF D GINEERING l II??OLITO I i i i m r u-- tF. ROSA ENVIRO TECH. I u t vi:-r o i ' 'n t e I ' EOSNAK I i EFl!ST '^1 i CIu' JELL I IOPERATING RrACTORS l BALLARD

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I I VA'sLICKI i l STELLO i YOiNG3LOOD Trvn l / /l. .To v d o d i 1 I i E T ers;utr7 1 RT A C-n R c AyI--( l l cyg con tr e-v a ': 1cEv-N-l t i I ev.mi unt- ! IROSS I l EAE1 GA_ v!LL (2)

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I GRTES I CHECK I I SITE.22iALYSIS 'M ~' urt-rure I I vor vzR i er AT*;I I i ECiCM ' E ALTD'AN I l J. COLLINS i 0" ?EFC I I iY2EGER EXTERNAL DISTR!EUTION CONTROL NUMBER I i l .t - : - c.. /TC t/- NSIC I l i ... _ r3: my $ ,e aus h g a,ej u Cy S uEs rEN Cias:n n m nn n, ; om o AIf L U! 18 @ Ei d b) h d 's ( ---..t. .... -......}}

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