ML20005E251
| ML20005E251 | |
| Person / Time | |
|---|---|
| Site: | Humboldt Bay |
| Issue date: | 10/23/1989 |
| From: | Bell M NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Shiffer J PACIFIC GAS & ELECTRIC CO. |
| References | |
| NUDOCS 9001040166 | |
| Download: ML20005E251 (6) | |
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AMENDMENT INDEMNITY AGREEMENT. PACIFIC GAS / ELECTRIC
! ' Dodket No. 50 133.
Mr. 'J. D. Shiffer,' Vice President OM i 3 M i
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Nuclese Power Generation
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Pacific bcs and Electric Company 77 Beale Street, Room 1451 San Francisco, California 94016
Dear Mr. Shiffer:
SUBJECT:
PACIFIC GAS AND ELECTRIC COMPANY. AMENDMENT TO INDEMNITY AGREEMENT j
We are enclosing herewith an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements and i
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
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Mutual Atomic Energy Liability Underwriters.
The amendment also conforms to changes made to the Price. Anderson Act by "The Price-Anderson Amendments Act J
of 1988" which was enacted on August 20, 1988.
Please signify your acceptance of the amer.dment to your indemnity agreement in 1
the space provided and return one signed copy to Ira Dinitz, Senior Insurance / Indemnity Specialist, U.S. Nuclear Regulatory Commission, Mail Stop 12.E.4, Washington, D.C.
20555.
If you have any questions about the foregoing, please contact Mr. Dinitz at (301) 492 1289.
Sincerely, i
or1 1nal Sinned by 8
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- 5 0W Michael J. Bell, Chief
.f Regulatory Branch Division of Low-Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards t
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Enclosure:
Amendment to Indemnity Agreement 7
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j Mr.3.D.'Shiffer Humboldt Bay Nuclear Power Plant Pacific Gas and Electric Company Docket No. 50-133 Cc:
Richard T. Locke Mr. Joseph 0. Ward, Chief Pacific Gas and Electric Company Radiological Health Branch Law Department -
State Department of Health Services j
Post Office Box 7442 714 P Street, Office Bldg. #18 u
San Francisco, California 94120 Sacramento, California 95814 Chairman Director Humboldt County Board of Supervisors Energy Facilities Siting Division County Courthouse Energy Resources Conservation &
J 825 Fifth Street Development Commission i
Eureka, California 95501 1516 9th Street l
Sacramento, California 95814 Linda J. Brown, Esquire Gretchen Dumas, Esquire Donohew, Jones, Brown & Clifford Public Utilities Comission 100 Van Ness Avenue, 19 Floor of the State of California i
San Francisco, California 94102 5066 State Building J
San Francisco, California 94102 1
U.S. Environmental Protection Agency Public Affairs Officer Region IX Office Region V l
AT"N:
Regional Radiation Representative U.S. Nuclear Regulatory Comission 215 Freemont Street 1450 Maria Lane San Francisco, California 94105 Walnut Creek, California 94596 Regional Administrator Office of Intergovernmental Nuclear Regulatory Comission, Region V Management i
1450 Maria Lane, Suite 210 State of California Walnut Creek, California 94596 1400 10th Street, Room 108 Sacramento, California 95814 Michael R. Sherwood, Esquire Sierra Club Legal Defense Fund, Inc.
2044 Fillmore Street San Francisco, California 94115 Dr. Perry Aminoto Department of Conservation Division of Mines & Geology 1416 9th Street, Room 1341 Sacramento, California 95814
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UNITED STATES p
NUCLEAR REGULATORY COMMISSION 8
W ASHINGTON, D. C. 20E55 7p\\....l Docket No. 50-133 Amendment to Indemnity Agreement No_ B-21 Amendment No. 23 Effective July 1 1989, indemnity Agreement No. B-21, between Pacific Gas and Electric Company,and the Atomic Energy Comission, dated August 28, 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.
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:
2 1.
" 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 Consnission.
- The caf'rition of "public liability" in paragraph 7, Article I is deleted, and 19e 9110 wing is' substituted therefor:
"Pubi t Hability" 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, 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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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 N8[.
Cecil 0. Thomas, Chief Policy Development and-Technical Support Branch
. Program Management Policy Development and Analysis Staff
~ ffice Nuclear Reactor Regulation O
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-Accepted 1989 By Pacific Gas and Electric Company 2
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UNITED STATES NUCLEAR REGULATORY COMMISSION
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Docket No. 50-133 Amendment to Indemnity Agreement No. B-21 Amendment No. 23 Effective July 1, 1989, Indemnity Agreement No. B-21, between Pacific Gas and Electric Company and the Atomic Energy Comission, dated August 28, 1962, as amenced, 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.
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," " 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 Comission.
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, 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 tif 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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!!nparag$63,000,000"raph-1,' Article VIII, the amount *$5,000,000" is deleted and the x
amount is-substituted therefor.
FOR THE~U.S. NUCLEAR REGULATORY COMMISSION Y
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Cecil D. Thomas, Chief-Policy Development and Technical Support Branch Program Managen.nt Policy Development and Analysis Staff Office Nuclear Reactor Regulation
' Accepted
, 1989
- By Pacific Gas and Electric Company i