ML20009H338
| ML20009H338 | |
| Person / Time | |
|---|---|
| Site: | Clinton, 07002947  |
| Issue date: | 07/31/1981 |
| From: | ILLINOIS POWER CO., SOYLAND POWER COOPERATIVE, INC., WESTERN ILLINOIS POWER COOPERATIVE, INC. |
| To: | NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20009H335 | List: |
| References | |
| NUDOCS 8108070277 | |
| Download: ML20009H338 (41) | |
Text
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APPLICATION FOR SPECIAL NUCLEAR MATERIAL LICENSES
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-FOR RECEIPT, POSSESSION, AND STORAGE 0F UNIRRADIATED REACTOR FUEL AND p
4 ASSOCIAT::D RADIOACTIVE MATERIAL FOR 4
CLINTON POWER STATION UNIT 1 l
- July, 1981 l'
ILLINOIS POWER COMPANY SOYLAND POWER COOPERATIVE, INC.
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WESTERN ILLINOIS POWER COOPERATIVE, INC, I
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r 8108070277 810729
- PDR ADOCK 05000461 A
PDR 4
APPLICANTS The names and addresses of the applicants are given below:
ILLINOIS POWER COMPANY 500 S. 27 th Street Decatur, Illinois 62525 SOYLAND POWER COOPERATIVE, INC P. O Box A1606 Illinois 62525 Decacur,.
WESTERN ILLINOIS POWER COOPEE ATINES, INC.
P. O. Box 609, Hwy. 675 Jacksonville, Illinois 62651 Each of the above applicants is incorporated in the State of Illinois.
The names, addresses, and citizenship of the principal officers for each of the applicant corporations are included with the application for an operating license, dated August, 1980.
Information concerning the issue of possible control or ownership of the applicant corporations by any alien, foreign corporation, or foreign government is also included with the application for an operating license.
TERM OF LICENSE It is requested that this license begin May 1, 19P; and remain in effect until such time as it may be incorporsted into the permanent onerating license.
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1.0 GENERAL INFORMATION 1.1 REACTOR AND FUEL 1.1.1 Identification of Reactor, Geographic Location Docket and Construction Permit This application is submitted for Unit 1 of Clinton Power Station.
This unit is a BWR-6 boiling water j
reactor (218 inch vessel) designed and supplied by l
General Electric Company.
The unit will have a l
rated core thermal. power level of 2894 Mwt.
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l The station'is located about 6 miles east of the l
City of Clinton in DeWitt County, Illinois.
The l
coordinates of the station are approximately 40 10' 19.5" latitude and 88 50' 3.0" longitude.
The construction permit application for Clinton Unit 1 was docketed on October 30, 1973 on AEC Docket l
Number 50-461 and was issued Construction Permit Number CPPR-137 in February 24, 1976.
The informa-tion set forth in the application for an operating license for the station, dated August 1980, is hereby incorporated into this application by reference.
1.1.2 Description of fuel assemblies The fuel is described in detail by Section 4.2.2 of the Final Safety Analysis Report (FSAR) submitted in support of the operating license application for Clinton Power Station Units 1 & 2.
A summary description of the fuel assemblies follows: -
r 1.1.2 (continued)
A fuel assembly consists of a fuel $nndle and the channel that surrounds it.
The fuel bundle may or may not be channeled while in the storage racks.
Each fuel bundle contains 62 fuel rods and 2 water rods which are spaced and supported in a square (8 x 8) array by 7 spacers and the upper and lower tie plates.
Each fuel rod consists of UO Pellets 2
stacked in a Zircaloy - 2 cladding tube.
The spacers l
l are made of Zircalc.? - 4 and are equipped with Alloy l
X-750 springs to maintain the fuel rod to fuel rod spacing.
The tie plates are fabricated from Type -
304 stainless steel castings.
The water rods are hollow Zircaloy - 2 tubes of slightly larger diameter and thinner wall than the fuel rods.
One water rod axially positions the seven fuel rod spacers.
The fuel channel is fabricated from Zircaloy - 4.
1.1.3 Amounts of nuclear material per assembly There are three bundle types.
Each fuel bundle type has a different bundle average nominal U-235 enrich-ment:
(1) natural enriched (0.711% U-235), (2) low enriched (1.538% U-235), and (3) medium enriched (2.004% U-235).
The highest nominal pin enrichments contained in each bundle type are (1) natural enriched bundle -
0.711% U-235, (2) low enriched bundle - 1.70% U-235, and (3) medium enriched bundle - 2.60% U-235.
None of the bundles contain any U-233, Pu, depleted i
t 1.1.3 (continued) uranium, or thorium.
Even in the event of major core and fuel design changes, no pin enrichment is expected to exceed 3.07. U-235.
The low and medium enriched fuel bundles also contain small quantities of Gd203 which is primarily-included for reactivity control purposes.
The amounts of nuclear material per assembly are presented in the tal te below:
Nominal Bundle Nominal Amounts Maximum
- Amounts Average 11-235 of Nuclear Material of Nuclear Material Enrienment per Fuel Assembly per Fuel Assembly (Weight ' 7.)
(kilograms)
(kilograms)
Total Total Uranium U-235 Uranium U-235 0.711 183.04 1.3014 188.53 1.3404 1.538 182.94 2.8136 188.43 2.8980 2.004 182.66 3.6605 188.14 3.7701 These maximum amounts are calculated by multiplying the nominal amounts by 1.03.
The total weight of an assembly is approximately 699 pounds.
The weight of a fuel handle is approximately 600 pounds.
1.1.4 Total Amounts of Nuclear Mater #al This license is requested for the 624 fuel assemblies in the initial core plus 4 spare or replacement fuel assemblics for each of the fuel bundle type _.
The J
w 1.1.4 (continued) total amourits of nuclear material for which a license is requested are tabulated below:
Total
- Amount of Nuclear Material Nominal Bundle (kilogra. ts)
Average U-235 Number of Total Enrichment Assemblies Uranium U-235 a)
Initial 0.711 76 14,328 10 1.9 Core 1.538 188 35,425 544.8 Assemblies 2.004 360 67,730 1,357.3 b)
Spare or 0.711 4
754 5.4 Replace-ment 1.538 4
754 11.6 Assemblies 2.004 4
753 15.1 Totals 636 119,744 2,036 Total Amounts are calculated by multiplying the maximum amounts per assembly (Paragraph 1.1.3) by the number of assemblies.
1.2 STORAGE CONDITIONS Upon arrival at the Clinton site, a shipment of nuclear fuel assemblies (or other special nuclear material) is placed under lock and key in the Clinton permanent ware-house until its contents are verified and stored in one of the appropriate other storage locations listed below.
While under lock and key, limited access provisions will I
be established and/or continual surveillance will be l
maintained.
1.2.2 Fuel Storage, Inspection, and Channeling Areas There are four locations where the fuel assemblies may be stored for indefinite periods of time.
These locations are (1) New Fuel Storage Vault, (2) Spent Fuel Storage Pool, (3) Containment Storage Pool and (4) the Clinton permanent warehouse.
Locations (1) and (2) are in the Fuel Building; location (3) is in the Containment Building.
The following
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1.2.2.
(continued) attached drawings show these areas plus those areas where the fuel will be inspected and channeled:
Drawing Number Sheet 5 of 7 M01-1107 Sheet 2 of 7 M01-1112 Sheet 5 of 9 M01-1109 Sheet 4 of 5 Mol-llll S03-1103 A20-1006 1.2.2 Adiacent Area Activities To the extent practical, no operations other than fuel and control components handling and storage Other will be performed in the fuel storage areas.
activities will be administrative 1y controlled in and are expected to be performed prior these areas, to fuel arrival on site.
1.2.3 Fuel Storage and Handling 7.2.3.1 New Fuel Storage A complete description of the new fuel storage facility including the design bases for structural integrity is presented in Subsection 9.1.1 of the Clinton FSAR.
1.2.3.2 Spent Fuel Storage A completc discussion of (a) the fuel building spent fuel storage facility, and (b) the upper containment fuel storage area is presented in Subecction 9.1.2 of the Clinton FSAR.
1.2.3.3 Fuel Handling System A complete discussion of the fuel handling system is presented in Subsection 9.1.4 of t'ae Clinton FSAR.
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1.2.4 Fire Alarm and Fire Control Systems The fuel storage and handling areas in the Containment Building and the Fuel Building normally have very little combustible material.
Therefore, the pro-bability of a sustained fire in these areas is small.
Nevertheless, Clinton design and operational procedures provide complete fire alarm and fire control systems:
a)
Firt. protection is provided by hose stations and halon fire extinguishers in the vicinity of each storage and handling area.
b)
Station procedures specify the actions that are to be taken.
1) on discovery of fire 2) in response
...o fire 3) after the fire A complete description of the Clinton fire protection system is presented in Subsection 9.5.1 of the Clinton FSAR.
1.2.5 Control of Access to Areas Where Special Nuclear Material is Stored.
A description cf the controls for prevention of unauthorized access to the fuel storage areas is considered security confidential.
A description is contained in the " Physical Security Plan with Safeguards Contingency Plan" which was submitted in support of the operating license application for Clinton Power Station Units 1 & 2.
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.l.3 PHYSICAL PROTECTION There will be no plutonium or uranium enriched to 20% or more.in the U-235 isotope to be possessed under this license.
Therefore, the physical protec-tion reqs.4rements specified in 10 CFR 70 do not apply.
1.44 TRANSFER OF SPECIAL NUCLEAR MATERIALS 1.4.1 Fuel Shipments General Electric Company will be responsible for the shipment of fuel to the plant site from their Wilmington, N. C.
facility.
The fuel will be shipped in approved shipping containers.
If for any reason fuel would have to be shipped back to the Wilmington facility from the plant, GE will be responsible for the shipment.
1.4.2 Packaging of Fuel for Transportation General Electric Company will be responsible for the i
packaging of fuel for shipment.
This will include shipment - from the Wilnington facility to Clinton as well as-any packaging of any fuel which would have i
to be shipped from the site to Wilmington.
1.5
. FINANCIAL PROTECTION AND INDEMNITY Proof of financial protection in the amount of
$1,000,000 as required by 10 CFR 140.13 is provided by Attachment A.
2.0 HEALTH & SAFETY 2.1 RADIATION, CONTROL -
2.1.1 Training and Experience The technical qualifications for personnel with Radiation Protection responsibilitic.s are described in Section 13.1.3 of the FSAR.
2.1.2 Contamination Monitoring Contamination control is discussed in Subsection 12.5.3.4 of the Clinton FSAR.
In addition, various station procedures provide specific guidance for checking for contamination:
a)
Receipt of Radioactive and Fissile Material b)
Contaminated Materials Guides and Control c)
Radiation Survey Techniques d)
Decontamination of Area / Equipment Table 12.5-2 of the Clinton FSAR describes the equip-ment to be used in checking for contamination.
2.1.3 Calibration and Testing of Instruments The calibration and testing of radiation monitoring instruments is discussed in Subsection 12.5.3.2.8 of the Clinton FSA1.
Station calibration procedures and frequencies will be based on information provided by the instrument vendor.
2.2.
NUCLEAR CRITICALITY SAFETY 2.2.1 Storage of Fuel in Shipping Containers Fuel elements may be temporarily stored in their shipping containers.
These shipping containers are of th Model RA series, licensed for use by the General Electric Company.
(Docket No. 71-4986)
Certificate of Compliance No. 4986, Revision 5, was e'-
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2 2.1 [(continued) issued by the NRC on February 4,L1980.
2.2.2 Nuclear Safety Analysis of Alternative Storage Methods.
Prior to the loading of the: reactor core, long term
. storage'of the fuel elements will be_provided by
'the fuel racks in the New Fuel Storage Vault,.the Spent Fuel Storage Pool, and the Containment Storage Pool.
l The nuclear safety analyses of fuel storage in these l
locations are described in Subsections 9.1.1.3 and j
9.1.2.3 of the Clinton FSAR.
l 2.2.3 Moderation Control' l
The need for moderation control and its implementa-tion are discussed in paragraphs 2.2.3.1, 2.2.3.2,_
2.2.3.3, and 2.2.3.4.
2.2.3.1 New Fuel Storage Vault i
Fuel is normally stored in this vault in the dry l-condition.
Nuclear analysis indicates that keff l
l is 6 0.95 in either the dry (and undermoderated) condition or the flooded (and over-moderated) condition.
2.2.3.2 Spent Fuel-Storage Pool Nuclear fuel is normally stored in this pool in the flooded condition. -However,.the new fuel for the,
e 1
2.2.3.2 :(continued) initial core may be stored in the dry; condition ~.
be 5 0.95~for
' Design criteria, require that.keff (the flooded condition and that keff.be :S 0.98 for-dry Jcondidions.-
Therefore, moderation. control.
is.not needed'to assure nuclear safety.
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2.2.3.3 Containment-Storage Pool The containment storage pool racks have a design and configuration similar to the new fuel! storage racks:
1.e. both racks have a spacing of 7 inches
-(center-to-center) within arrack and 12.25 inches (center-to-center) from rack to rack.
As with the new fuel racks, nuclear analysis indi-cates that k is :S 0.95 in either the dry or eff flooded condition.
Fuel is normally stored in the containment storage pool in the flooded condition however, Illinois Power Company intends to maintain the containment storage pool in the dry condition during the fuel loading of the initial core.
2.2.3.4 Fuel Packaging The fuel packaging includes a plastic wrapping which is open at the bottom.
If the fuel is stored in this wrapping, and if the storage area is flooded and then drained, the amount of re-tained water would be small and would have no signif! cant effect on keff*.
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2.2.4 Control of Fuel Elements Removed from Storage Fuel elements will generally be removed from approved storage locations for inspection, installation of channels, and repair operations only.
The facility design, together with procedural controls, will not allow the fuel elements to be placed in close proximity of each other.
The closest proximity occurs during inspection when two fuel elements may be placed in separate fixtures on the same fuel inspection stand, t
The maximum number of fuel assemblies that will be allowed out of approved storage locations is 3 This is based on the input assumptions of the nuclear criticality analysis performed by General Electric Company.
2.2.5 Criticality Accident Requirements Portable monitors tied to the Area Radiation Monitoring System will be used to monitor for criticality accidents in the areas of the Fuel Euilding and the Containment Building when fuel is being handled or stored.
The criticality moni-toring system is designed according to the criteria esta-s blished by ANSI Standard N16.2-1969 and meets the require-ments of NRC Regulatory Guide 8.12 and 10 CFR 70.24(a)(1).
2.3 ACCIDENT ANALYSES Analyses of potential fuel handling accidents are discussed in Section 15.7.4 of the Clinton FSAR.
These analyzed accidents involve spent fuel.
Prior to receipt of the operating license, there will be e
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2.3' ACCIDENT ANALYSES -(Continued) only new fuel atJthe Clinton site.
This new. fuel
' contains.only. mildly radioactive U-235-and U-238,
. contains no Plutonium, and of course contains no fission: products.
Any' fuel handling. accident occuring during this pre-operational period will, therefore, have very minima 1' consequences.
3.0 OTHER MATERIALS REQUIRING NRC LICENSE
3.1 DESCRIPTION
OF MATERIAL AND CONDITIONS OF STORAGE i
3.1.1 Type and Amount of Material i
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. Authorization is requested to receive, possess, and i
store by-product material which consists of the Sb-124 in the Sb-Be neutron sources which will eventually be installed into the reactos core.
There are seven l
Source locations in the reactor core with two source I
pins per location, or a total of 14 source pins.
It
[
is estimated that each pin will have a maximum activity of 1000 - 1400 curies or a total maximum activity of 19,600 curies for the 14 pins.
In order to accommodate contingencies (including the possibility of having to exchange partially decayed sources for regenerated sources), it is requested that the license authorize the possession of 30,000 curies.
3.1.2 Conditions of. Storage The Sb-124, separated from the beryllium sleeve is stored in its chipping container prior to installation into the reactor <. ore.
The shipping containers are lead filled druma, approximately 48" tall and 31" in,
3.1.2 (continued) diameter, which meet DOT package specifications.
The source is positioned within a 7" diameter x 25" long cavity which is centered in the drum and surrounded-by lead shielding.
The cavity is sealed with a lead plug.
This shipping container is a General Electric Model 1500 Shielded Container, licensed with the DOT under S.P. No. 5939.
3.2 USE OTHER THAN STORAGE The neutron sources may be installed in the reactor core prior to receipt of the operating license.
Other than storage, this is the only use of these items, except that authorization is requested for the return shipment of the sources in their shipping containers to their supplier in case of damage or excessive radioactive decay.
Appropriate procedures and pre-cautions will be utilized should this need arise.
3.3 RADIATION PROTECTION The shipping containers loaded with the Sb-124 will be located in a controlled access area (s) designated for storage of highly radioactive material.
Station procedules-require radiation surveys upon receipt of radioactive materials and at subsequent specified intervals.
In addition, radiation protection provisions will include 1) proper labeling of storage locations and 2) personnel radiation monitoring for individuals in the area of the shipping containers.
4.0 TECHNICAL QUALIFICATIONS The technical qualifications of the Clinton station personnel are detailed in Chapter 13 of the Clinton FSAR.
In addition, a plant procedure outlining the Special Nuclear Material program requires that a SNM custodian be appointed by the station's Technical Supervisor.
The SNM custodian is responsible for --
a) maintaining records of SNM inventories, movements, and locations; b) isotopic content calculations for SNM; c) authorizing fuel transfer; d) preparing nuclear material transaction and status reports e) and coordinating receipt and shipment of nuclear fuel.
The SNM custodian will have training and experience in reactor engineering and will have specific expertise in the areas of reactor, nuclear fuel, and nuclear instrumentation design.
The technical qualifications of the SNM custodian will be maintained by the station's training department.
F Attachment A
^ Proof of-Financial Protection Illinois. Power Company has obtained $1,000,000 of nuclear
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energy liability insurance coverageffor the period prior to issuance of the. operating: license.
Coverage'was effective
'beginning January 1, 1981.
As st'ated'by 10 CFR-140.15,' proof of financial. protection i
shall consist of'a copy of the liability policy together with a certificate'by the insurers stating that the' copy is a true i
l copy of a currently effective policy issued to the licensee.
l A copy of the policy together with the required certificate is attached to this application.
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' Attachments'B, C, D, and E
. Attachm'ent : B - - Drawing-M01-1107
-Sheet'5 of.7 Attachment C Drawing M01-1112 Sheet 2 of 7
" Attachment D Drawing M01-1109 Sheet 5 of 9 LAttachment E-
- Drawing.M01-1111
-Sheet.4 of 5' Attfachment F
. Drawing.S03-1103 Attachment G Drawing A20-1006
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-. - - _ - - _ = - -.,
9 Nuclear Energy Liability insurance g
NUCLEAR ENER3Y LIABILITY INSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary huclear Occurrence)
The named insured, acting for himself und 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 c"t of or results from or occurs in the course of the con-struction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to tha 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 involving the conduct of a third person, or an act of God, k
(2) any issue or defense as to charitable or governmental imunity, and (3) any issue or defense based on any statute of limitations if suit is iristituted 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 af ter 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 element in the cause of action.
- 2. The waivers set forth in paragraph 1. above do not apply to (a) bodily injury or prcperty damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is enployed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or re-quired to be provided under any workmen's compensation or occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for
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damages only punitive in nature, this exclusion does not apply to the i L extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under such law.
NE-33a (over)
- 3. The waivars set forth in paragraph 1. above shall be offectiva only with respect t
to bodily injury or property damage to which the policy applies under its tenns 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
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by the nuclear energy hazard and (b) which is discovered hied for which written claim is made. gainst the insured not later than twenty years after the date of the extrao.dinary 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 Consnission 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:
" extraordinary 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 protec. tion" and " nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.
" claimant" means the person or organization actually sustaining the bodily injury or property damage and alsc includes his assignees, legal represent-atives and other persons or orga iizations entitled to bring an action for damages on account of such injr.ry or damage.
Septaber 5,198 To form a part of Policy No t is or ment issued to IlUDR11_P_owerr Companv For the s icribing co panies D:te of issue _0ctober_1._1980.
By General Manager Endorsement No Countersigned by NE-333 (U13U58
I Nuclear Energy Liability Insurance NUCLEAR ENER3Y LIABILITY INSURANCE ASS 2CIATIEN AMENDATORY ENDORSEMENT (Facility Form)
It is agreed that:
- 1. In Insuring Agreement III, " DEFINITIONS" A. The first sentence of the definition of " nuclear facility" is amended to read:
" nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued bv Nuclear Energy Liability Insurance Association or by Mutual Atomic Energy Liability Underwri ters.
B. The definition of " indemnified nuclear facility" is replaced by the following:
" indemnified nuclear facility" means (1) "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability In-surance Association or by Mutual Atomic Energy Liability Underwriters, or
)
(2) any other nuclear facility, if financial protection is required pursuant to the Atomic Energy Act of 1954, or any law amendatory therof, with respect to any acti-vities or operations conducted thereat; II. Insuring Agreement IV is replaced by the following:
IV APPLICATION OF POLICY This policy applies only to bodily in-jury or property damage (1) which is caused during the policy period by the nuclear energy hazard and (2) which is dis-covered and for which written claim is made against the insured, not later than ten years after the end of the policy period.
III. Condition 2 is replaced by the following:
2 INSPECTION; SUSPENSION The companies shall at any time be permitted but not obligated to inspect the facility and all operations relatir.g thereto and to examine the insured's books and records as far as they relate to the subject of this insurance. Neither the right to make inspections and NE-48 Page of 4 (over)
0 e
examinations nor the making thereof nor any advice or report resulting therefrom shall cor.stitutt an untfer-taking 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 compli-ance with any law, rule or regulation.
If a representative of the companies discovers a con-dition which he believas 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-compli-ance with such request, a representative of the com-panies may, by notice to the named insured, to any other person or organization considered by the com-panies 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 named insured and 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
' tated in a written notice from the companies to the s
named insured and to each such person or organization
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that such condition has been corrected.
IV. Condition 4 is replaced by the following:
4 LIMITATI0ft 0F LIABILITY; C0fE0fi OCCURREflCE Any occur-rence or series of occurrences resulting in bodily in-jury or property damage arising out of the radioactive, toxic, explosive or other hazardous properties of (a) nuclear material discharged or dispersed from the facility over a rariod of days, weeks, months or longer and also arising out of the properties of other nuclear material so dis-charged or dispersed from one or more other nuclear facilities insured under any fluclear Energy Liability Policy (Facility Fonn) issued _
by fluclear Energy Liability Insurance Association, tion, or (b) source material, special nuclear material, spent fuel or waste in the course of transportation for which insurance is afforded under this policy and also arising out of such properties of other C-flE-48 Page -?- of 4
e s
source material, special nuclear material, spent fuel or waste in the course of transportation for which insurance is afforded under one or more other Nuclear Energy Liability Policies (Facility Form)-
issued by Nuclear Energy Liability Insurance Associ-
- ation, shall be deemed to be a common occurrence resulting in bodily injury or property damage caused by the nuclear energy hazard.
With respect to such bodily injury and property damage (1) the total aggregate liability of the members of the Nuclear Energy Liability Insurance Association under all Nuclear Energy Lia-bility Policies (Facility Form), including this policy, appli-cable to such common occurrence shall be the sum of the limits c# liability of all such policies, the limit of liability of each such policy being as determined by Condition 3 thereof, but in no event shall such total aggregate liability of such members exceed $96,875,000; (2) the total liability of the eompanies under this policy shall not exceed that proportion of the total aggregate liability of the members of Nuclear Energy Liability Insurance Association, as stated in clause (1) above, which (a) the limit of liability of this policy, as determined by Condition 3, bears to (b) the sum of the limits of liability of all such policier issued by such members, the
{'
limit of liability of each such policy being as determined by Condition 3 thereof.
The provisions of this condition shall not operate to increase the limit of the companies' liability under this policy.
V. The second paragraph of Condition 12, "0THER INSURANCE", is amended to read:
If the insured has other valid and collectible insurance (other than such concurrent insurance or any other nuclear energy liability insurance issued by Nuclear Energy Lia-bility Insurance Association or Mutual Atomic Energy Lia-bility Underwriters to any person or organization) applicable to loss or expense covered by this policy, the insurance afforded by this policy shall be excess insurance over such other insurance; provided, with respect to any person who is not employed at and in connection with the facility, such insurance as is afforded by this policy for bodily injury to in employee of the insured arising out of and in the course of his employment shall be primary insurance under such other insurance.
NE-4G Page of 4 (Over)
VI. Paragraph (c) of Condition 16 " COMPANY REPRESENTATION", is amended to
(_
read:
(c) Nuclear Energy Liability Insurance Association is the agent of the companies with respect to all matters
. pertaining to this insurance. All notices or other.
comunications required by this policy to be given to
.the companies may be given to such agent, at its office at The Exchange, Suite 245, 270 Farmington Avenue, Farmington, Connecticut 06032, with the same force and effect as if given directly to the companies. Any requests, demands or agreenients made by such agent shall be deemed to have been made directly by the companies.
)
1 i
Effective Date of September 5' 1980 261 this Endorsement To form a part of Policy No Uf-12:01 A.M. Standard Time Issued to Illinois Power Company Dits of issue October 7. 1980 Fct the su scribing co panies By i
General Manager Endorsement No 4
f Countersigned by NE-48 Page of 4 (1/1/77)
Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADDRESS OF NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION EN10RSEMENT It is agreed that the address of the Neclear Energ/ Liability Insurance Association appearing in the " Company Representative: condition of the policy is amended to read:
The Exchange Farminaton Avenue 06032 Farmington,C{nnecticut h,
y','j'[ dor Nen't September 5,1980 To form a part of Policy No NF-261 12:01 A.M. Standard Time issued to Illinojs Power Comoany For the su scribing corgpanies Date of Issue Octnhor 7_ 14RO L
~
7 By l/F General Manager 3
Endorsement No countersigned by
Noclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION b
INDUSTRY CREDIT RATING PLAN PREMlUM ENDORSEMENT It is agreed that Condition 1 of the pohey is replaced by the following:
~ ~ ' ~ ~ ~ " ' "
~"
CONDITION I. PREMIUM (1) Definitionsi With reference to the premium for this policy:
" advance premium", for any calendar year, is the estimated standard premium for that calendar year;
" standard premium", for any calendar year, is the premium for that calendar year computed in accordance with the companies' rules, rates, rating plans (other than the Industry Credit Rating Phn), premiums and mmimum premiums applicable to this insurance;
" reserve premium" means that portion of the standard premium paid to the companies and specifically allocated under the Industry Credit Rating Plan br incurred losses. The amount of the " reserve premium" for this policy for any calendar year during which this policy is in force is the amount designated as such m the Standard Premium Endorsement for that calendar year; "indw ery reserve premium", for any calendar year, is the sum of the reserve premiums for that calendar year for all Nuclear Energy Liability Policies issued by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters and subject to the Industry Credit Rating Plan;
" policy refund ratio", for any calendar year, is the ratio of the named insured's reserve pre-mium for that calendar year to the industry reserve premium for that calendar year;
" incurred losses" means the sum of:
i (1) alllosses at4d expenses paid by Nuclear Energy Liability Insurance Association and Mu-l tual Atomic Energy Liability Underwriters, and (2) all reserves for unpaid losses ar.d expenses as estimated by Nucicar Energy Liability In-surance Association and Mutual Atomic Energy Liability Underwriters because of obligations assumed and the expenses incurred in connection with such obligations by members of Nuclear Energy Liability Insurance Association and Mutual Atomic Energy i
Liability Underwriters unde all Nuclear Energy Liability Policies issued by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters and sub ject to the Industry Credit Rating Plan;
" reserve for refunds", at the end of any calendar year, is the amount by which (I) the sum of allindustry reserve prerrdums for the period from Jaruary 1,1957 through the end of such calendar year exceeds (2) the total for the same period of (a) allincurred losses, valued as of the next following July 1, and (b) all reserve premium refunds made under the Industry Credit Rating Plan by members of Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters;
" industry reserve premium refund", for any calendar year, is determined by multiplying the reserve for refunds at the end of the ninth calendar year thereafter by the ratio of the indus-try reserve premium for the calendar year for which the premium refund is being determined to the sum of such amount and the total industry reserve premiums for the next nine calendar years thereafter, provided that the industry reserve premium refund f r any calendar year o
shall in no event be greater than the industry reserve premium for such calendt.r year.
(2) Payment of Advance and Standard Premiums The named insured shall p,ay the companies the advance premium stated in the declarations, for the period from the effective date of this policy through December 31 following. Thereafter, at the beginning of each calendar year while this policy is in force, the namui insured shall pay the advance premium for such year to the companies. The advance premium for each calendar year shall be stated in the Advance Pre-('
mium Endorsement for such calendar year issued to the named insured as svn as practicable l
prior to or after the begmmng of such year.
I i
,et-37 PAGE 9
2 Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION I-As soon as practicable after each December 31 and after the termination of this policy, the standard premium fo-the preceding calendar yer.r shall be finally determined and stated in the Standard Premium Endorsement for that calendar year. If the standard premium so determined exceeds the advance premium previously paid for such calendar ye&r, the named insured shall pay the excess to the comp.nies; if less, the companies shall return to the named insured the excess portion paid by such insured.
The named insured shall maintain records of th:information necessary for premium computa-tion and shall send copies of such records to the companies as directed, at the end of each cal-endar year, at the end of the policy period and at such other times during the policy period as the company may direct.
(3) Use of Reserve Premiums All reserve premiums paid or payable for this policy may be used by the members of Nuclear Energy Liability Insurance Association to discharge their obligations with respect to incurred losses whether such losses are incurred under this policy or under any other policy issued by Nuclear Energy Liability losurance Association or Mutual Atomic Energy Ijability Underwriters.
(4) Reserve Premium Refunds A portioa of the reserve premium for this policy for the first cal-endar year of any group of ten consecutive calendar years shall be returnable to the named in-sured provided there is a reserve for refunds at the end of the tenth calendar year.
(5) Computation of Reserve Premium Refunds The reserve premium refund due the name insured for any calendar year shall be determined by multiplying any industry reserve premium refund for such calendar year by the policy refund ratio for such calendar year. The reserve pre-mium refund for any calendar year shall be finally determined as soon as practicable after July 1 of the tenth calendar year thereafter.
(6) Final Premium The final premium for this policy shall be the sum of the standard premiums for each calendar year, or portion thereof, during which this policy remains in force less C'1 the sum of all refunds of reserve premiums due the named insured under the provisions of this Condit n 1.
(7) Reserve Premium Refund Agreement Each member of Nuclear Energy Liability Insurtnce Association subscribing this policy for any calendar year, or portion thereof, thereby agrees for itself, severally and not jointly, ant m the respective proportion of its liability assumed under this policy for that calendar year, to return to the named insured that portion of any reserve premium refund due the named insured for that calendar year, determined in accord-ance with 'he provisions of this Condition 1.
ty, $*3o,
September 5,1980
'C Date of To form a part of Policy No.
e 12:01 A.M. Standard Time issued to Ulin0 M W W W D:te of Issue Qc_tober 7, 1980 For the su ribing com nes By U
General Manager 2
Endorsement No.
Countersigned by
Nuclear Energy Liability In:urance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVANCE PREMIUM AND STANDARD PREMIUM END0RSEMENT CALENDAR YEAR 1980 It 's agreed that Item 5 of the Declarations Advance Premium" is amended to read:
. - - - ~
ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is:
$ 100.00 STANDARD PREMIUM 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, the Standard Premium is said Advance Premium and the Reserve Premium is:
()
$ 67.00 Effectise Date of September 5, 1980 NF-261 Y
A.M.
tandard Time Illino oWerbompanf lssued to Date of issue October 7, 1980 For the s scribing co panies Bi General Manager Endorsement No _
l C0untersigned by NE-41
l NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION 127 John Street, New York, New York 10038 Nuc! car Energy liability Policy No. Np 261 (Facility Form) esCLARAMONS ste. g. us,n,a i,,,,,,a Illinois Power Company 500 S. 27th Street Decatur, Illinois 62525 Aaa,,,,
(No.
S.
- Town or Cary State) 5th September 80
,,a % %,3,,,
Item 2. Policy PerioJ: Beginning at 12:01 A.M. on the a,,,,
i, the efective date of the cancelation or termination of this policy, standard tu.e at the address of the named insured as stated herein.
ltem 3. Des.:ription of the Facility:
All of the premises including the land and all buildings and structures of g,,;,,,
1:nnois rower company s ceinton nuclear station, inctuaing out not simitea to Units 1 and 2, situated on a site consisting of approximately 14.092 acres, the boundaries of said site being set forth in Figure 2.1-2 of the Clinton Power Station Preliminary Safety Analysis Report. The Clinton Nuclear Station is located on a peninsula of Lake Clinton, about six miles east of the city of Clinton, DeWitt County, in east-central Illinois.
Power Reactor
.rype _
Illin is Power Company ne opersior of the facility i, hem 4. De limit of the companies' liability is $
subject to all the terms of this polacy having eeference thereto.
Item 5. Advance Premium $-.
Item 6. These deslarations and the schedules formang a part hereof give a complete description of the facility, insofar as it relates to the nuclest energy hazard. exert as noted No Exceptions Date of Isive-
, 3, 8 0 _ c,,,,,,,;,n,a 3, October 7, Authorized Representatsve r
l Nuclear Energy liability Policy (Facility Form) 2/1/17 (Second Revision)
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$ttsCelf th4 CO**s=1g5 Pe3 eor?!On Cv 100t Artaa Casualty and Surety Ca.. The.151 farvtagten Ave. hartford, C1 06156 Aetna !*sv sace Cassaay. 55 Cle St.. hart'ord. CT 06115 10.0C7410 e
2.516852 Aff t1tated fv lasurance Co.. A11eadste Pers. P.C. Ses 7500. Johnstoa. RI C2119
.251645 A11 tars lesvrance Causaay 6a2C W11smire tied.. Seite 50C. Los Aageles. CA 90048 1.)42321 Allstate less sace Co.. Allstate Pla:a. hort*Droot. IL 60062 e
r C.194 754 Ame*1can swee Assu ance Co. 102 maidea La. how e 't. 89 10005 s
Amo** car stetoetsts Insu ance Co. Leas Ereve. IL 600al
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416475 Ottetnous talvelty Cor9eratton, 320 letk St.. Rock ! stand !L 61201 Ceateretal Irsveance Co. 45 ana115t. how York. av 10005
.415475 Casme-cial Lrto* Insurance Ca.. One teacee St.. Bestan, b C2108
.576779 3.C2C223
$oaeecticut !aee== tty Can$ae, 06101 Loat taeetal Casesity Co.. CatA. The 100C Asyle Ave.. hartfoed. CT Piera. Chicago. EL 60685 41 H75 Coattaeetal Irsgrance Co.. The 80 Da taea La.. how York NY 10038 4,1 94;54
),$%4)g f eeeral lesurance Co. 51 John F. teamedy Pkwy.. Sacrt mills. NJ 07078 Firenaa's Fund Inssance Ca. 3333 Calttareta St.. 4a Francisco CA 94119 1.51C112 General Acciseat Fire and Life Assurance Cort.. Lli.. Feveth and belast Streets. Patleeelphia. PA 191C5 1.342321 5.C33705 6 cent American lesurance Co. 580 halaut St.. Ctactamatt. Os 452C1 honove' !asveance Co.. The C1605 1.342321 hertford Acc tdemt and Inde 440 Lincola St.. Weecester. 8ta etty Ca.. Mart'ord Plata. hartford. CT 06115
.g33;3 hartford 5tene Setlee lasp. 4 las. Ca.. The. W Peespect St.. hartfoes. CT 061C2 y,igtogy Pts *1 ands Insurance Ce. 60C Jeffersen Street, howiten.12 77002
,gj3;g home Indenatty Co. The. 55 8talden La.. ne
'ock. NY 10C38
,sig75 Insu ance Co. of norte America,1600 Arc
- Street. Pfittaceirnia. PA 191C1 3,gg)364 r
atma *ch !asuranca Co. of Ohto The.19 Rector St., how to h. 41 10006 1.677902 hatttmal Casesity Comcaar. 28333 Teles ach Road. Southfield. P! 48034
.335580 m.
hoetheen lasurance tempaay of hen York, 56 Joha Street, he Tcrk, NY 10C38
.335580 herthwestera attonal Ins. Ce. 731 ho. Jacksoa Street. Pfloadee. WI 532:1
- 1. 64 H92 Opto Casualty fesurance Cansaar. The.136 ho-tfi Tntre Street. haetiton. OM 45025
.67M61 Pacif tc Inde==1ty Co. 320C W11seire fled. Los Angeles. CA 90010
.167790 Pee'less Insurance Co. 62 snacle Ave.. Reese, he C3431
.335 % 0 Pmtective Irssance Co., 3100 he. Hertdier. St.. Indta*ispe11s. la 4C208
.12 % 43 Pro,1dene bas,testoe Irsurance Ce. 20 hash'atton P' ace. Previsence. RI C2903
.251645 e
Pvettan Insurance Coessay.1515 5 sere St.. Starfare. CT 06905
.104669 Seltance lesv ance Compa*y. 4 Peaa Centee Pisas. Pntladelp*.ta. PA 19103
.251625 e
heyst Clote lesveance Casosay. I5C btilise Street, he. Tort. NY 10C38 1,g994 3 St. Paul Fire & Marine 19s. Co. 385 hasetagion St., 5t. Paul, MN 55102 3,355a 3 Seaboard Surety Co. 90 wt111ae St.. he. vora, av 10036 4,3513i7 State f ate Fire & Casualty Cassaay,112 !ast hashtegtoa St. 81ocetastoa. !L 61701
.419475 fransamereca Insv sace Co.. 1150 50. 01tve St.. Los Ap9*1es. CA 90015
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Travelees Inda-vitty Casosay. The. One to-ee Severe hartford, CT 06115
.g3pggt letted States Fideltty and G.araaty Ca. 100 Light Street. Saltisere. #C 212C2 10.90430 Dntted States fire Insi.rante Co., stadison Ave. at Caaf teld Rd. 8sorristour hJ 07960 10.c6741C 2velet. Insurance Co.,111 b'. Jackson lled.. Chicage. IL 6C604 2.6646a3 pt.80 1.254426 S
=
s NUCLEAR ENERG" LIABILITY POLICY (FACILITY FORM)
The undersigned members of Nudear Energy Liabihty Insurance Association. heremafter called the " companies,' cach for itself, severally and not somtly, and m the respective proportions heremaf ter set forth, agree with the msured, nrmed in the declaranons made a part hereof, in c msiderstaon of the premium and in reliance upon the statements an the declarations and subsect to the hmat of habihty, exclusions, conditions and other terms of this pohty:
INSURING AGREEMENTS I COVERAGE A - BODILY INJURY AND PBOPERTY DAMAGE byproduct material; LIABILITY To ey on behalf of the insated:
- roarr, materi,1,~ ~, peri,1 nects,, m, serial ' and "6 prolais ni,seri,1" f
(1) all sums which the ansured shall hetome legally obhgated to pay have the meanmgs given them in the Atomic Energy Act of 1954, or in as darnages because of boddy injury or propesty damage caused any law amnadatory thereof; by the nuclear energy hazard, and the companies,shall defend any "spras fact" means any fuel element or fuel component, solid or liquid, suit agamst the insured s!leging such boddy iniury or property damage and seeking damages which are pavable under the terms which has been used or exposed to radsation in any nudear reactor; of this pohcy; but the companies may snake such snvesiigation,
,,,,.' means any waste maternal (1) con:aining byproduct material negotiaten and settlement of any claim or suit as they deem and (2) resultmg from the operation by any person or organization of
P'd""
any nuclear facihty included within the defmition of nuclear facihty under paragraph (1) or (2) thereof; (2) costs tsaed against, the insured in any such suit and interest on
.g gjjj., means the facility described in the declarations and in-any judgment therem; g
(3) premiums on appeal bonds and on hends to release attachmer,ts riudes the location designated in Item 3 of the declarations and all in any such suit, but without obhgation to apply for or furnish property and operations at such location;
...arlm Midry" means "the facility" as defmed in any Nuclear Energy such bonds; l
(4) reasonable expenses, other than loss of earnmgs, incurred by the Liabihty Policy (Facihty Form) issued by the companies or by Mutual insured at the cc.mpanies' request Atomic Energy Liabihty Underwriters. The term " nuclear facihty" also means (1) any nuclear reactor, i
COVERAGE B - DAMAGE TO PROPERTY OF AN INSURED AWAY PROM THE FACILITY (2) any equipment or device designed or used for (a) separating the isotopes of uranium or plutoniur- (b) processing or utiitzing With respect to property damage catsed by the nuclear energy h::ard spent fuel, or (c) handhng, processmg or packaging waste, to property of s's insured whah as away from the facihty, to pay to (3) any equipment or device used for the processing, fabricating or j
such ansured those sums which such insured would have been legally
/
obligated to pay as darnages therefor, had such property belonged to alioying of spaial nuclear macrial if at any tirr,e the total arnount another.
of such material in the custody of the insured at the premises where such equipment or device is located consists of or entains more than 25 grams of pluronium or uranium 233 or any com-COVERAGE C - $UBROGATION - OFf51TE EMPLOYEES bination thereof, or more than 250 grams of uranium 235.
With respect to boddy injury sustained by anv employee of an insured (4) any structure, basin, enavation, premises or place prepared or used and caused by the nuclear energy hazard, to pay to the workmen's com.
for the storage or disposal of waste, sation carrier of such msured all sums which such carrier ould be been entitled to recover and retain as damages from another and includes the site on which any of the foregom, g is located, all operatens conducted on such site and all prem.ses used for such rson or organization, had such person or organization alone.xen operations; Fegally responsible for such boddy injury, by reason of the rights aj dem.if,4.ad,u fullay" means acquired by subrogation by the payment of the benefits required of su< h carrier under the applicable workmen's compensaten or occupatmnal (1) "the facihty" as defmed in any Nudcar Energy hability Policy disease law, An employer who is a duty qual 6ed self-insurer under (Facihty form) issued by the cornpanies or by Mutual Atomic such law shall be deemed to be a workmen's compensation carrier Energy Liabihty Underwriters, or (2) any other nudear facihty, within the meaning of this coverage. This Coverage C does not appi to boddy iniury sustained by any person who as ernployed at an<
if 6nancul protection is required pursuant to the Atomic Energy Act of nn connation with the facihty.
1954, or any law amendatory thereof, with respect to any activities or uperatans conducted thereat; This Coverage C shall not consnrute workmen,s compensarmn insurance as required under the laws of any state.
dm rman** means any apparatus designed or used to sustain nuclear 6ssion in a self supporting chain reaction or to contain a critical mass of 6ssionable snaterial; h (a)FINITION OF INSURED The unquahfed word " insured" indudes"andeu energy h. nut' means the radioactise, toxic, explosive or other DE the named insured and (b) any other person or organisation with hazardous properties of nuclear material, but only if respat to his legal responsibihty for damages because of boddy iniury or property damage caused by the nuclear energy hazard.
( t) the nuclear rnaterial is at the facihty or has been discharged or dnpersed therefrom without intent to rehnquish possession or Subdivision (b) above does not mdude as an msured the United custody thereof to any person or organization, or States of Amenca or any of its agencies.
(2) the nuclear rnaterial is in an insi. red shipment which is (a) in the Sub e t to Condition 5 and the othe-provisions of this pohcy, the course of transportation, mcluding handhns and temporary storage i
insurance apphes separately to each insured against whom claim is ncidental thereto, within the territorial hmits of the United States made or suit is brought, of Amerks. its territories or possessions. Puerto Rico or the Canal Zone and (b) away from any other nuclear fuility; Wherever used in this pohcy:
*'.c4 @meer eneans a Wpment of souyce materjat, spMal mulcar ITT " DEFINITIONS
=>'erial, $reat fuel or =>5'e hereia **hed ma'erial, ( 2) 'o the f>cil-g
&o/Jy lejary" means boddy injury, sakness or disease, induding death resulting therefrom, sustained by any person; sty from a nuclear facility owned by the Urdted States of America, but only if the transportaten of the material is not by predetermination to "poperty Jams /* means physical injury to or destruction or radio-be interrupted by the rernoval of the material from a transporting con-active contaminaten of property, and loss of use of property so snsured, veyance for any purpose other than the continuation of its transporta-destroyed or contaminated, and loss of use of rroperty whde evacuated tion, or (2) from the facihty ac, any other location except an indemni-or withdrawn from use because possibly so contaminated or baause of 6ed nuclear facihty, but only untd the rnaterial is removed from a imminent danger of such contamination; transporting conveyance for any purpose other than the continuation of "n dcer mierijt* rneans source material, spaial nudcar material or its transportarion.
Nucle.r Energy Liabihty Policy (Facility Form) 2/1/37 (Second Revision)
'-t ooo
r i
i s
IV or proper
- TION OF POUCY This policy appliev only to boo 'y iniury written claim is made against the insured, not later than two tears after APPUCA y darnare (1) which as caused during the polgt period by the nuclear energy hazard and (2) which as dixcvered and for which the end of the policy period.
EXCLUSIONS This po* icy does not apply:
(a) to any obligation for whkh the insured or any carrier as his in.
tions, in time of peace or war, of any nuclear wespon or other instrument of war utiliaing special nuclear material or byproduct surer may be held liable under any workmen's compensation, un.
material; employment compensatmt, or disabahty benefits law, or under anY (c) to boddy injury or property darnage due to war, whether or not samdar law; dalared, civil war, insurrection, rebellion or revolution, or to any (b) except =sth respect to liabihty of another assumed by the insured act or condition incident to any of the foregoing; under contract, to bodily injury to any employee of the snsured arisms out of and m the course of his employment,by the in-(f) to property damage to any property at the location designated in sured; but this exclus on does not apply to b,oddy iniury to any Item 3 of the declarations, other than aircraft, watercraft er ve-person who is not employed at and m connection with the facahty hicles Ikensed for highway use, provided such aircraft, watercraft if the ensured has complied with the requirements of the applicable or vehkles are not used in conne tion with the operation of the workmen's compensation or occupational disease law respecting g,,;;;,I,'
the seturing of compensatson benefits thereunder to his employees; (g) to property damage to nudcar materialin the course of transport (c) to liability assumed by the insured under contract, Aher than an tion to or from the facihty including handling or storage ancidental assumption an a contract with another of the liability of any person thereto; or organiaation whkh would be imposed by law on such person or organisatson an the absence of an express assumption of liabilsty; (h) under Coverage B, to property damage due to neglect of the in-sured to use all reasonable rneans to save and preserve the prop-(d) to boddy it. jury or property damage due to the manufacturing, erty after knowledge of the occurrence resulting in such property handling or use at the location designated in Item 3 of the dnlara-damage.
I CONDIT!ONS 1 PREWlUtd "Ihe named insured shall pay the companies the advance erty damage caused during the policy period by the nuclear energy premium stated in the dnlarations, for the period from the effective hazard, the limit of the companies' liability stated in the declarations as date of this polky through Daember 31 following. Thereafter, at the the total liabahty of the companies for their obligatsons under this beginning of each calendar year whde this poixy is in force, the named insured shall pay the advance premium for such year to the companies.
policy and the expenses incurred by the companies in connection wsth De advance premi,im for each calendar yea shall le stated in a such obligations, including e
wntien notke given by the companies to the named msured as soon as (a) payments in settlement of claims and in satisfaction of judgment (
I prattwable prior to or after the beginning of such year-against the insurnis for damages because of boddy injury or prop-s -
Such advance premiums are estimated premiums only. As soon as eny damage, payments made under parts (2), (3) and (4) of practicable after each Dnember 31 and after the termination of this Coverage A and payments made in settlement of claims under Coverages B and C; puluy, the carned premium for the preceding premium period shall be computed in accordance with the compames rules, rates, ratmg plans, (b) payments for expenses incurred in the investigation, negotiation.
l j
premiums and minimum premiums appluable to this insurarue. If the settlement and defense of any claim or suit, including, but not carned premium thus computed for any premium permd exceeds the limited to, the cost of such services by salaried employees of the advance premium prevsously paid for such period, the n.amed muered companies, fees and expenses of independent adjusters, attorneys' shall pay the excess to the companies; if less, the iomparues shall se.
fees and disbursements, ex,enses for expert testimony, inspection turn to the named snsured the unearned portion paid by such insueed and appraisal of property, examinatson, X ray or autopsy or medi-i De named insured shall maintain records of the information neces.
cal expenses of any kind; sary for premium computatson and shall send copies of such records to (c) payments for expenses incurred by the companies in investigating i
the companies as directed, at the end of each calendar year, at the end an occurrerxe re;uiting in bodily mjury or property darnage or in 1
of the policy period and at such other times during the polwy period mimmanng its effects.
as the companses may direct.
Each payment made by the companies in discharge of their obligations under this polky or,for expenses incurred in connation with such 2 inspat the facility and to examine the msured's books and recntds atINSPECTION; SUSPENSION Tk companies sh obligations shall reduce by the amount of such payment the limst of the companies' liabdity under this policy.
any time, as f ar as they relate to the subjnt matter of this insurance.
if, durmg the polig period or subsequent thereto, the total of such payments made by the companies shall exhaust the limit of the com-11 a representauve of the companies discovers a condsiion uhkh he rames' liability under this policy, all liabdity and obligations of the believes to be unduly dangerous with respect to the nuclear energy compan cs under this pohcy shall thereupon terminate and shall be hazard, a representante of the companies may request that such condi-ten be corrected without delay. In the event of non<ompliance with conclusisely presumed to have been discharged. His pothy, if not such request, a representative of the companvs may, bv notke to the theretofore carueled. shall thereupon automatically terminate.
named insured, so any other person or organLation cor.sidered by the Regasess of the number of years this policy shall continue in force comrames to be responsib!c for the contmuance of such dangerou~
and the number of premiums whkh shall be payable or paid, the limit conditen, and to the Umted $tates Atomic Energy Commission, sus-of the companies' liability stated in the declarations shall not be pend the insurance with respect to the named insured and such other c umulative f rom year to year.
person or organizaton effective 12:00 rmdnight of the next business day of such Commission followmg the date that such Commission LIMITATION OF LIAtlLITY; COMMON OCCUR 2ENCE Any occur-rescives such notwe. The period of such suspension shall terminate as A
rence or senes of occurrences resulting in bodily injury or property 't of the time stated i,a a written notue from the companies to the named insured and to each such person or organization that such condition has damage arising out of the radioactive, toxic, explosive or other hazard-ous properties of been corrected.
(a) nuclear material discharged or dispersed fror.: the facility over a pered of days, weeks, months or longer and also arising out of L
3 IMIT OF LIA,tlLITY; TERMINATION OF POLICY UPON EX.
such verselroperties of other nuclear material so discharged or das AUSTioN O tiMiT aega,aie,s of the nu,-he, el per,ons ana frem one or more ether a cicar faciiities insurea s the v
orgaruzatens sho are ensureds under this pohcy, atal regardless of the companies under a Nuclear Energy Liability Policy ( Facihty number of claims made and suits brought against any or all insureds l'orrn), or bnause of one or more occurretxes resulting in bodde injury or prop.
(b) source material, special nuclear material, spent fuct or waste in the
5 course of tratisportation for which insurance is a6orded order this property. The insured shall include in the proof of loss a copy of all pohry and also arising out of such properties of other source descriptions and schedules in s!! policies Upon the companies' request, material, specul nu: lear snatesul, spent fuel or waste m the course the insured shall furnish ver:6ed plans and speofications of any such
[
of transportatioes for which insurance is afforded uder one or property. The insured, as of ten as rnay be reasonably required, shall ex.
annte other Nuclear Energy Liabihty Polaies (Facihty form) is-habit to any person designated by the companies any of such propeny, sued by the companies, and submit to exammatens under oath by any person named by the shall be deemed to be a comrnon occurrerue resubmg in boddy injury or companies and subscribe the same; and, as often as rnay be reasonab!y property damage caused by the nuclear energy hazard required, shall produce for examinarson all books of account, records, Vith respect to such bodily injury and property 6 mage (I) the total bdis, invoices and other vouchers, or r:. ined copics thereof if originais aggregate liabdity of the companies under all Nudear Energy Liabihty be lost, at such reasonable tirne and place as may be designated by the Policies (Facihty Form), includmg this policy, ap compan6 at their representatives, and shall permit extracts and copies mon ocru rence shall be the sum of the hmits o[hcable to such com-there f to be made.
liability of all such t.olicies, the samit of liabdity of each such policy being as determined by Condition 5 thereof, but in no event shall such total aggre ate lia-APPRAISAL - Coverese B In case the insured end the companies Q bdity of the compana, exceed $46,500,000. (2) the total lia shey of shall fail to agree as to the amount of property damage, then, on the the companies under this pohcy shall not exceed that proportion of the written denund of either, each shall select a competent and disin'erested total aggregat habdity of the companies, as stated in clause (1) above.
appraiser and notify the othe of the appraiser selected withm twenty which (a) the hmat of habihty of this policy, as determined by Condi-days of such demand. The appraisers shall 6rst select a competent and tion 5, bears to tb) the sum of the hmits of liabihty of all such policies dismterested umpire and, fashng for tUteen days to agree upon such issued by the companies, the hmit of habihty of each such policy bemg umpire, then, on request of the in ured or the companies, such umpire as determined by Condition 3, thereof.
shall be selected b> a judge of a court of record ir. the state in which
'Ihe provisions of this condition shall not operate to increase the limit the property is located. The appraisers shall then appraise each item of of the companies' habihty under this policy.
property dar. sage and, faihng to agree, shall submit their diferences only to the umpire. An award in writing. so s'emized, of any two of when 6 led with the companies shall determine the amount cf property 5 NOTICE OF OCCURRENCE, CLAIM OR $Ulf I.n the event damage. Each appraiser shall be paid by the party selecting him and the bodily injury or property damage to which this policy applies or.of expenses of the appraisal and umpire shall be paid b[any of their the parties an occurrerue which may give rise to claims therefor, written notice equally. The companies shall not be held to have waive containing particulars suthoent to identify the insured acJ slso reason-rights by any act relating to appraisal.
ably obtamable information with respect to the time, place and circum-stances thereof, and the names and addresses of the injured and of avadable witnesses, shall be given by or for the insured to Nuclear
$UBROGATION In the event of any payment under this policy, the { 1 Energy Liabdity Insurance Association or the cornpaniu as soon as companies shall be subrogated to all_ the insured's rights of recovery A
p ticable. If claim is made or suit is brought against the insured, he therefor r.gamst any person or organization, and the msured shall ex-shall immediaccly forward to Nuclear Energy Liabihty Insurance Asso.
ecute and deliver instruments and papers and do whatever else is ciation or the cornpanies eve y demand, notice, sumrnons or other pro.
necessary to secure such rights. Prior to knowledge of bodily injury or cess received by him or his.<presentative.
property darnage caused by the nudest energy hazard the insured may waive m writtng any right of recovery against any person or organiza-The in-ti n, but after such knowledge the insured shall not waivt or otherwise 6 ASSISTANCE AND COOPERATION OF THE INSURED preiudice any such rigt t of recovery.
sured shall cooperate with the companies and, upon the companies.
The companies hereby maive any rights of subrogation acquired
) _ request, setend hearings and trials and assist in making settlements, agamst the United States of America or any of its agencies by reason of ecuring and givmg evidence, obtaining the attendance of witnesses and
\\
.n the conduct of any legal proceedmgs in connection with the subject any payment under this policy.
matter of this insurance. The insured shall not, except at his own cost, The companies do not rehnquish, by the foregoing provisions, any make any payment, assume any obligation or mcur any crpense.
Hght to restituton from the insured out of any recoveries made by the msured on account of a loss covered by this pohry of any amounts to which the compaaies would be entitled had such provi, ions, or any of 7 ACTION AGAINST COMPANIES - Covecoges A and C No them, not been mcluded in this policy.
action shall lie against the companies or any of them unless, as a con-dation precedent thereto, the insured shall have fully complied with all the terms of this pohcy, nor uritd the amount of the msured's obligaton OTHER INSURANCE If the insurance afforded by this pohcy for loss 1 to pay shall have been fmally determined either by judgment against the or expense is concurrent with msurance afforded for such loss or ex-A insured after actual trul or by written agreernent of the insured, the pense by a, Nuclear Energy Liabihty Policy (Facihty Forre) issued to clamant and the companies.
the named msured by Mutual Atomic Energy Liability Underwriters, A:y person or organization or the legal representatise thereof who heremaf ter called ~ concurrent insurance," the companies shall not be has secured such sudgment or written agreement shall thereafter be liable under this pohcy for a greater proport on of such loss or expense entitled to recover under this pohcy to the extent of ehe insurance than the hmit of habdity stated sq the dularatens of this policy bears eff rded by this policy. No person or organization shall have any right to the sum of such hmit and the enmit of liability stated in the declara-tions i such concurrent policy.
under this policy to join the companies or any of them as parties to any act on agamst the insured to determine the insured's habihty, nor shalj If the insured has other salid and collectible insurance (other than the companies or any of them be impleaded by the insured or his legal
?uch concurren: insurance or any other nuclear energy hability insurance representative. Bankruptcy or msohency of the insured or of the in.
issued by thc companies or Mutual Atomic Energy Liability Underwrit-sured s estate shall not reheve the companies of any of their obligation, ers to any person or organization) apphcable to loss or expense covered hereunder.
by this pohcy, the insurance afforded by this policy shall be excess in-surance user such other insurance; provided, with respect to any person who is not employed at and in connettwn wnh the facility, such insur-ACTION AG AINST COMPANIES-Coverage B No suit or action 8 on this pohcy for the recovery of any claim for property damage to arxe as is afforded *oy this policy for boddy injury to an employee of the msured arising out of arid in 'he wurse of his employment shall be whkh Coverage B apphes shall be sustamable m any court of law or primary insurance under such other insurance.
cyusty unless a!! the require nents of this pohcy sha!! have been com-plied with and unless commenced within tuo years after the occurrence resultmg in such property damage.
CH ANGES Notae to any agent or knowledge possessed by any agent 1 'I or by ar.y other person shall not effect a waiver or a change m any part AJ of this pohcy or estop the companies from asserting any nght under the IZ5' IRE D*5 DUTIES WHEN LO55 OCCURS - Coverage B terms of this policy; nor shall the terms of this pohcy be waived or h la the event of property damage to which Coverage B apphes, the in-changed. except by endorsement issued to form a part of this policy sured shall furnish a complete mventory of the property damage ene ured by Nuclear Energy Liabihty Insurance Association on behalf cirimed, showing in deuil the amoure thereof. Within nmety one days of the companies.
titer the occurrence resultmg in su<h property damage, unless such terne is extended in writing by tFe companies, the insured shall render
( o the companies a proof of loss, signed and sworn to by the insured.
A551GNMENT Assignment of interest by the named insured shall not 1A tating the knowledge and behef of the insured as to the following:
(identifwation of such occurrence; the interest of the insured in the bmd the comranies untd their consent is endorsed hereon, if, hrwever, l 't the named insured shall die or be dedared bankrupt or msolveut, this property destroyed or damaged, and the amount of each itera of prop-polwv shall coser such insured s legal representative, receiver or trustee city damage claimed; all encumbrances on such properry; and all other as aa insured under this relicy, but only with respect to his h:bihty as contracts of insurance, whether valid or not, covering any of such such, and then only prosided written notice of his appointment as legal
s 4
representative, receiver or trustee is gsven to tN compenses withan ten (b) In any actson or suit against the companies, se-vice of process may days af ter such appointment.
be made on any ore of them, and such servsce shall be deemed valid and bandang service on all companaes.
(c) Nuclear Energy Liability Insurance Association is the agent of-CANCELATION This polwy may be canceled by the named insured by the companies with respect to all anatters pertaantog to this insur 15 ma, ting to the companies and the United States Atomac Energy Com-ance. All notaces or other communications required by this policy musion written notxe statang wnen, not less than tharty days thereaf ter.
to be given to the companies may be gNen to such agent, at its such cancelation shall be effective.1has polwy may be carreled by the of ee at 60 John Street, New York 3a, New York with the same companses t>y masimg to the named insured at the address shown in th.s
!sste and effect as if given directly tr, die con.panses. Any requests, poixy and to the Unsted States Atomac Energy Commassion wr:tten notace dernac 's or agreements made by such agent shall be deemed to statmg when, not less than nacety days thereaf ter, such caruelation shall have been made directly by the compenses be enectave; provsded in the event of non payment of prenuum or af the operator of the facility, as designated in the declarations, as replaced by another person or organization, this p>luy may be carreled by the AtiiNORIZATION OF MAMED INSURED Except with respect to 1 ef companies by n. ailing to the narned msured at the address shown in comphance with the obligations imposed on the insured by cue" Ai this policy and to the United States Atomic Energy Cdmmission written 5,6, 7, 8, 9,10 and 1I of this polwy, the named insured as authonned notace stating when, not less than thirty days thereaf ter, such carxcla.
to act for every other ansured an all matters pertainang to this insurance.
caon shall be effective. "Ihe maalang of notre as aforesaid shall be sufhcient proof of notice. The eficctive date and hour of rarxclation stated in the notxe shall become the < nd of the polny period. Delivery MMM M MKMM MWMH MD m Mm1o of such written notxe either by the narned msured or by the companies PROPORTIONATE LIABILITT By acceptance of this policy the named 10 shall be equsvalent to mailmg.
insured agrees that the members of Nuclear Energy IJabihty Insurance Association hable under this pohcy, and the proportionate liability of Upon terre " a At cancelatson of this pola.y, other than as of the each such member, rnay change from year to year, and further agrees end of Der
, any year, the carned premium for the period that regardless of such changes:
this polic, force smce the preceding Desen.ber 31 shall bc computed -
erxe with the following pro isions:
(t) escle company subscribing this polw.y upon sts issuana shall be liable only for its stated proportion of any obli ation assumed or 6
(a) af this policy is serminated, pursuant to Condition 3, by reason of cupense encurred under this policy because of bodIr injury or the exhsustion of the Ismit of the companies' liabahty, all premium property damtge caused, during the period from the effective date theretofore paid or payable shall be fully earned; of this pohcy to the close of December 31 acrt following, by the (b) if the named ansured cancels, the earned premium for such period nudear energy hazard; for each subsequent calendar, year, begin-shall be computed in accordance with the customary annual short omg January i next, followmg the effective date of this policy. the rate table and proc-dure, provided if the named insured cancels subscribing companies and the proportionate, liability of each such after knowledge of bodily injury er property damage caused by the company shall be stated in an endorsernent assued to form a past nuclear energy haurd, all premiums theretofore paid or pa>able of this pohcy, duly executed and attested by the General Manager shall be fully earned *.
of Nuclear Energy Liabahty Insurance Association on behalf of cach such company, and mailed or delivered to the named insured; (c) if the companies cancel, th-earned premium for such period shall be computed pro rata.
(2) this polw.y shall remain continuously a.n efect,from the efective date stated in the declaraticas until terminated in accordance with Premium adjustment, if any, may be maJe either at the time cacciation Condition 3 or Condition IS; is cifected or as soon as practacable after cancelation becomes effective, but payment or tender of unearned premium as not a condition of (3) neither the liability of any company nor the lu. nit of liability stated carxdation.
in toe declarations shall be cumulative from year to year.
DECLARATIONS By acceptance of this policy the named insured agrees 16 COMPANY REPRESENTATION that the statements in the declarations are the agreements and repro fh (a) Any notice, sworn statement or proof of los. whkh may be re.
sentations of the named insured, that this licy is issued in reliance quired by the provisions of this pohcy may be given to any one upon the truth of such representations and t this policy ernbodies all of the companies, and such notwe, statement or proof of loss so agreements between the named insured and the companies or any of given shall be valid and bindmg as to all companies.
their agents relatmg to this insurance.
IN Wtmtss WHrator, each of the subscribing companies has caused this policy to be executed and attested on its behalf by the Ger.eral Manager of Nudcar Energy Liabihty Insurance Assouation and duly countersigned on the declarations page by an a.athorized representative.
Ior the Subscribing Companies By N
General Manager
I N:: clear Energy Ibbility insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE Q0!LITY It is agreed that in construing the applicatica of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT (NE '13a) with respect to an extra-ordinary nuclear occurrence occurring ac the facility, a claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating licer.se has been issued by the Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(1) the claimant is employed exclusively in connection with the construction of a nuclear reector, including all related equipment and initallations it the facility, and (2) no operating license has been issued by the Nuclear Regulatory Commissiun with respect to 7
the nuclear reactor, and (3) the claimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility.
,[', ['n5crS$en't September S,1980 NF-261 T f rm a part of Policy No 12:01 A.M. Standard Tirne Illinois Power Company issued to For the su icribing co panies Dat2 of issue October 7, 1980 _
By l
_/
General Manager Endorsement No 6
Countersigned by NE-39a (1/1/77)
]
r s
Nuclear Energy Liability insursnce NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION lC AMfitDMENT OF DEFINITIONS OF
" Nuclear Energy Hazard" and " Insured Shipment" (Indemnified Nuclear Facility) l It is agreed that:
I. In Insuring Agreement III, " DEFINITIONS" t
(
A. solely with respect to an " insured shipment" to which this policy applies as proof of financial protection required by the Nuclear Regulatory Commission, Subdivision (2) of the definition of " nuclear energy hazard" is amended to read:
l (2) the nuclear material is in an insured ship-l ment which is away from any other nuclear facility and is in the course of transport-ation, including the handling and temporary I
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, pro-vided that the nuclear material is in the course of transportation between j
two points located within the terri-i l
torial 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, j
state or nation, except a deviation in the course of said transportation for the purpose of going to or returning l
from a port or place of refuge as the result of an emer.jency.
i B. the definition of " insured shipment" is replaced with the followi ng;
" insured shipment" means a shipment of source material, special ruclear material, spent fuel or waste, herein called " material", (1) i.o the facility from any loca-I tion except an indemnified nuclear facility, but only if the transportation of the material is not by prede-l
[
NE-45 (over)
termination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its trans-portation, or (2) from the facility to any other location, but only until the material is removed from a transporting conveyance for any purpose other than the continuation of its transportation.
II. As used herein. " financial protection" has the meaning given it in the Atomic Energy Act of 1954, as amended.
Effective Date of September 5. 1980 261 "Y
12:01 A.M. Standard Time lssued to Illinois Power Company Data of lesue October 7,1980 For the su scribing co panies By
~
General Manager 7
Endorsement No Countersigned by hh77)
Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION h
Amendment of Condition 4 Endorsement It is agreed that with respect to bodily injury or property damage
. caused on or after the effective date of this endorsement by the nuclear energy hazard, the figure $96,875,000 stated in Condition 4 of the policy is amended to read $124,000,000.
i 7
x Ys*Er September 5, 1980 or men, To form a part of Policy No 12:01 A.M. Standard Time issued to Illinois Power Company For the su scribing co panies Date of issue netober 7.1980 l'
g General Manager 8
Endorsement No Countersign 6d by NE-43F(1/1/79)
Nuclear Energy LI:bility insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION
/
ADVANCE PREMlUM AND MANDARD PREMlUM CALENDAR YEAR 1981 ENDORSEMENT 1.
ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for-the period designated above is:
100.00 2.
STANDARD PREMIUM 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, the Standard Premium is said Advance Premium cr.d the Reserve Premium is:
67.00
(
Eff;ctive Date of this Endoisement January 1,1981 To form a pan of Policy No NI-20l 12.01 A.M. Standard Time issu:d to Illinois Power Company Data of issue December 22, 1980 For the su scribing co panies By
- l AC J Inc.
fj' General Manadfr M A,'f C
9 V
Countersignec byQ l
Endorsement No vw-()
()
t Nuciarr Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDMENT OF DEFINITION OF CONDITION 2 " INSPECTION; SUSPENSION" AND " INSURED SHIPMENT"
(
(Indemnifie.d Nuclear Facility)
It is agreed that:
1 1.) Condition 2 " INSPECTION; SUSPENSION" is replaced by the following:
2 INSPECTION; SlJSPENSION The companies shall at any time be permitted but tot Ebligated to irispect the facility and all b
operations relating thereto and to examine the insured's books and records as far es they relate to the subject of this insurance and any property insurance afforded the insured through American Nuclear Insurers.
If a representative of the concanies 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 noncompliance 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 continuation of such dangerous condition, and to the United States Nuclear Regulatory Comission, suspend this insurance with respect to the named insured and such other person or organization effective 12:00 midnight of the next business day of such Commission follow-ing the date that such Commission receives such notice. The period of such suspension shall terminate as of the time stated in a e
l(
written notice from the companies to the named insured and to each such person or organitation that such condition has been corrected.
Neither tne right to make such inspections and examinations nor the makin9 thereof nor any advice or report resulting therefrom shall constitute 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 compliance with any law, rule or regulation.
In consideration of the issuance or centineation of this policy, the insured agrees that neither the companies nor any persons or organizations making such inspections or examinations on their behalf shall be liable with respect to injury to or destruction of property at the facility, or any consequential loss or expense resulting therefrom, or any loss resulting from interruption of business or manufacture, arising out of the making of or a failure to make any such inspection or examination, or any report thereon, or any such suspension of insurance, but this provision does not limit the contractual obligations of the companies under this policy or any policy affording the insured property insurance through American Nuclear Insurers.
NE-51 Page 1 of 2 (1/1/81)
(over)
t
~
2.) The definition of " Insured shipment" in Insuring Agreement III, f
" DEFINITIONS", is replaced by the following:
t l
" insured shipment" means a shipment of source material, special i
nuclear material, spent fuel, waste, or tailings or wastes I
produced by the extraction or concentration of uranium or thorium from any are processed primarily for its source material content, herein called " material", (1) to the facility from any l
location except an indemnified nuclear facility, but only'if the transportation of the material is not by predetermination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its transportation, or (2) from the facility to any other location, l
but only until the material is removed from a transporting l
conva ance for any purpose other than the continuation of its s
l transportation.
l l
l l
i i
i Effective Date of January 1, 193]
flF-261 this Endorsement Un p rt of policy No e
Illinois er om any issued to DIts of Issue December 22, 1980 For the su scribing Co panies L
Mon-...,
t g o..,.9n lag.
10 Endorsement No countersigned by z.
rf a
NE-51 Page 2 of 2 (1/1/81)
[
fj -
.~
1 Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION
(
CHANGES IN SUBSCRIBING COMPANIES AND IN THEIR FROP0RTIONATE LIABILITY ENDORSEMENT
' Calendar Year 1981 1.
It is agreed that with respect to bodily inj":; or property damage caused, during the effective period of this endorsement, by the nuclear energy hazard:
a.
The word " companies" wherever used in the policy means the
. scribing companies listed below, b.
The policy shall be binding on such companies only.
Each such company shall be liable for its proportion of any obligation assumed c.
or expense incurred under the policy because of such bodily injury or property damage as designated below.
2.
It is agreed that the effective period of thh endorsement is from the beginning of the effective date of this endorsement stated below to the close of December 31, 1981, or to the time of of the termination or cancellation of the policy, if sooner.
'CI O 0' I O7 SMI.5MII."E 5.E*.A91I.5 9.930569 Aetna Casaalty and 5.rety to. The.151 f arMagton Are.. urtford, CT 06156 Aetra Imrame Co%ecy. 55 (le St.. Martf ord. (T 06115 2.648152 Af fittated f u Insureme Co.. Allendale Park. P.O. Boa 7500. Jonestoe, el 02919
.248264 Alliant lasu eme Co%any, 6415 milsMre Blvd.. Los Angeles. CA 9 % 54 1.324076 r
Allstate lesu ante Co.. Allstate Plata South + G1. 40f thbrook. IL 60062 4.965284 r
American Hoar Assu ame Co.
102 Maiden ta.. he= fort. ist 10005
.868925 r
American Motortsts insurance Co.. Lon9 Grove. IL 60049
.413174 Bt tweinous (asvalty Corporat ton, 320-13th 5t., to(6 Island, IL 61201 413774 Cen tena t al leswe e%, Co.. Atlaatti 69ticing. 45 mall 51.. hew f ort. kY 100M
.248264 Coceercial tmon insu ance Co.. One Beacon 5t.. Boston, MA C2108 3 310190 r
Ceanetticet Indemnity Co%any. The. 5 isen 5rrice Rd. Farwington. CT 06032 413774 l'
i Cc,ntinental Cas alty Co.. C4A Pf are. CMcago. IL 60685 4.137737 Continental inwrence Co.. The. 80 M.iden La., he Vort. hv 10038 7 4 54814 federal insu ance Co.
51 John F. Aencedy Ph=y., Short >111s. h, 07C78 1.489A85 r
Fireman's f u d lasurance Cowantes. P.O. Los 3395. San Franc isco. C A 94119 5 296303 n
f.eneral Accident f ire and L ife Assurante Corp., (td. 414 balnut St. Ph ila1elphia. PA 19105 1.324376 f.reat Arerican Insurante Co.. P 0. Boa 2575. C inctanat t. Da 54201 f. 324376 maaover lawrame Co., the 440 Limoln St.. worcester. MA 01605 496528 Martford Attt ;ent and Indemnity Co. Hartford Plate. Martford. Cf 06115
- 7. C 3415 3 martf ord 5 team Boiler Insp. 8 las. Co.. The. 56 Prospect 5t. Martford. (T 06102 496528 Mtqhlands lasurante Co., 600 Jef ferson St.. Houston, in 17002
.413774 Mow ladee t t y Co.. The. 59 Ma t den L a.. new fort hv 1003(
).641209 lewrame Co. of korth Acerica. P.O. Son 7728, PMlaseloma. E A 19101 1.655095 80 earth Imrame Co. of CMo, The,19 Rector St.. he. Tork, hv 10006
.331019
%orthern Imrame Co%aay of he= fork. P.O. Boa 1228. Baltiere MO 21203 1.820604 horthwestern national Ins Co.
731 No. Jackson 5t. m ioautee bl 53201
.662038 Ohio Cawalty lawrame Cu%say. The 116 horth Third St.. NaMiten. OH 45025 165509 Pac titC Indemity Co, 51 John f. Senaed, Fart =4y. Secrt Hills. 4J 07078
.331019 Peeriels !mrame Co.. (2 Maple A e.. seere. h*
03431
.124132 t'rof ettt re Imrame Co., 3100 40. Meridiar 5t.. Indianapulis,14 46208
.24826a T-rovideme wenington Insu ance Co.
20 mashiagton Place. Proviceme. El 02903 103443 r
9eliame Imrame Compacy. 4 Penn Center Plate. Philadelpete. P A 191Q3
.933757 Reyal Imram, uper, of A'er ic a.150 h 111ao St reet.
',e. vor t, 41 10036 3.310193 St. Paul Fire & Martne las Co.
365 hashington 51., 5t. Favi. m 55102 4.687228 5 eat >oard $w ety Co. 90 =>11 am St.. hem fort. hv 10038 413774 r
5 tate f ar* fire & Casaalt y Cortaaf.112 f ast hashm9 ton St.. BlooMagtea. It 61701
.827547 f raneaerita lawram e Crapaay. P 0. Boa 442%, los Angeles, CA 924
,e27547 Travelers Imiemity Co%any. N. Ore lower iguare, Hartf ord, C1 06115 10.758116 United States Fideltty and waranty Co.
100 Light St.. Baltimore. PD 21202 10.427097 united States fire 'mrance Co..
P.O. Bu n 2 33 7. Mu rr istown, hJ C 790 2.979171 lurith INren e Co, l)) 7 ila r t in ga t e 64. $( *a st arq. ![ 60196
},24132) ut.ei Ef fective Date of January 1, 1981 To form a part of Policy No NF-261 this Endorsement Illinois PoMCNpah*"*
issued to March 12, 1981 For the su scribing co panies Date of issue
~
By
__y
/r'
- GenerafMafiisfgbF-l,! q,n, p~
t t
I I / -[L /
. )
Erldorsement No 11 Countersigned by ~
s
_~
9.,,, s (1/81)
Q p