ML20006B509
| ML20006B509 | |
| Person / Time | |
|---|---|
| Site: | 05000113 |
| Issue date: | 01/22/1990 |
| From: | Nelson G ARIZONA, UNIV. OF, TUCSON, AZ |
| To: | Dinitz I NRC |
| References | |
| NUDOCS 9002050003 | |
| Download: ML20006B509 (3) | |
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THED U N I V E R SI TY.O F-A 417 O N A IN ;
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. January 22, 1990
~ Ira Dinitz-r Senior Insurance / Indemnity Specialist :
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Docket No. 50-113 h
REL Transmittal of signe'd copy of amendment 11 to U of A Reactor' indemnity. Agreement E.
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N Enclosed is a copy of amendment 11 to Indemnity Agreement Nc E-14 for the University of' L
Arizona Nuclear Reactor Laboratory, signed by Jeanne M. Kleespie, Contracting Officer for the
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' George W, Nelson, Director.
Nuclear Reactor Laboratory
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Enclosure:
f George Hays, Risk Management.and Safety
- Tim Riggs,' Arizona Department of Administration Joel M. Bertuzzi, Johnson & liiggins of Arizona Theodore S. Michaels, USNRC
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UNITED sT ATEs 4(
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50-113 Arrendment to lndemnity Acreement No. E-14 Amendment No. 11
. Effective July 1, 1989, Indemnity Agreement No. E-14, between University of
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Arizona, and the Atoraic Energy Commission, dated October 8,1962, as aniended, is hereby further aniended as follows:
The amount'"$160,000,000" is deleted wherever it appears and the arnount "$200,000,000" is substituted therefor.
The amount "$104,000,000" is deleted wherever it appears and the aniount "$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 1 is ri, edified to read as fo11cws:
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" Nucle " reactor," " byproduct material," " person," "Lource 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 er resulting from a nuclear incident or precautionary evacuation (including all reasonable additional costs incurred by a State or a political subdivision of a State, f
in the course or responding to a nucicar incident or precautionary evacuation),
except (1) claims under State or Federal Worhrnen's Compensation Acts of employees of persons indemnified who are employed (a) at the location or, if the nuc1 car 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 f or loss ef, 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, end (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 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 j
first hnew, or reasonably could have known, of his in.iury or damage and the cause thereof.
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Paragraph 1, Artic' is revised to read as follows:
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When the Commission determines that the United State!, will probably be required to make indemnity payments under the provisions of this agreenient, the Commission shall have the right to collaborate with the licensee and other persons indeunified in the settlement and def ense of any claim (including such legal costs of the licensee as are approved by the Consission) and shall have the right (a) to require the prior approval of the Conmission for the settlement or payment of any claim or action asserted against the licensee or other person indemnified for public liability or damage to property of persons legally liable for the nuclear incident which claim or action the licensee or the Connission may be required to indemnify under this agreement; and (b) to appear through the Attorney General of the United States on behalf of the licensee or other person indemnified, take charge of such ection and settle er ecfend any such action.
If the settlement or defense of any such action or claim is undertaken by the Conmission, the licensee shall furnish all reasonable assistance in effecting a settlement or asserting a defense.
In paragraph 1, Article Vill, the amount "$5,000,000" is deleted and the amount "163,000,000" is substituted therefor.
FOR THE U.S. I:UCt. EAR REGUt.ATORY COMMISSION 0
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Cecil 0. Inomas, Chief Policy Development and Technical Support Branch Program Management Policy Development and Analysis Staff Office Nuclear Reactor Regulation Accepted
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