ML20010E396

Forwards ANI Binder EB-77

ML20010E396
Person / Time
Site:	Zimmer
Issue date:	08/31/1981
From:	Nadel M MARSH & MCLENNAN, INC.
To:	Saltzman J Office of Nuclear Reactor Regulation
References
NUDOCS 8109040065
Download: ML20010E396 (7)

Text

222 South Riverside Plaza Chicago, Illinois 6C505

. Telephone 312 648-6666 August 31, 1981 ff Mr. Jerome Saltman, Chief S I kk Office of Antitrust & Indemnity 1J ., 1 M Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission g7

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Washington, D. C. 20555 M @yT" N

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. . 1 _- .- m_M RE: CINCIt01ATI GAS & ELECTRIC COMPANY WM. H. ZIMMER 1R' CLEAR STATION SECONDARY FINANCIAL PROTECTION PROGRAM ANI BINDER NO. EB-77

Dear Mr. Saltzman:

Enclosed on behalf of Cincinnati Gas & Electric Company please find two certified copies of ANI Binder EB-77 and, as supplement to my letter to you of June 22, 1981 in which MAELU Binder XB-77 was enclosed, provides proof of participation by Cincinnati Gas &

Electric Company in a secondary financial protection program for Zimmer Station.

If you have any questions, please contact me.

Very truly yours Marshall Nadel Assistant Vice President MN:es Enc.

cc: J. Maurer - CG&E R. Luckett - M&M Cincinnati M' s M 0109040065 810831 \

PDR ADOCK 05000359 PDR A national service of Marsh & McLennan,incorporater:

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BINDER INCLUDIWG BINDER NO. EB- /7 DECLARATION AND BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS BINDER The members of Nuclear Liability Insurance Association, hereinafter called the "comparr es", subscribing this binder, each for itself, severally and not jointly, and in the respective proportions set forth herein, and the insureds nameu in Item 1 of the Declarations beloit, agree as follows:

A. The companies hereby bind insurance to the insureds naued in Item 1 of the Declarations in accordance with the provisions of the Draft Master Policy. All rights and obligations of the parties to this binder are set forth in the provisions of the Draft Master Policy, as it may be amended from time to time pursuant to its conditions or paragraph B below.

B. The term " Draft Master Policy' means the draft of the MASTER POLICY--

NUCLEAR ENERGY LIABILITY POLICY (SECONDARY FINANCIAL PROTECTION) dated Jane 24,1977 in the custody of the Nuclear Regulatory Commission, a copy of which is attached hereto, and includes all binders issued by the companies in connection with such Draft Master Policy. The Master Policy, as subsequently issued by the companies, shall cancel and replace this binder and the Draft Master Policy effective as of the time and date of the inception of the Iiinder period.

C. Such insurance as is provided by the Draft Master Policy applies, through this binder only:

(1) to the insureds identified in Items 1 and 2 of the Declarations below, (2) to bodily injury or property damage This is to certify that this is a (a) with respect to which the primary financial protection true copy cf the original binder, described in Item 4 below would apply but for exhaustion bearing the number designated of its limits of liability and hereon, for insurance coverage iunder the DRAFT MASTER POLICY- (b) which is caused during the binder period stated in Item NUCLEAR ENERGY LIABILITY POLICY 8 below by the radioactive, toxic, explosive or other (Secondary Financial Protection) hazardeus properties of nuclear material and dated June 24, 1977. No In- I r n e is af forded by this copy. (c) which is discovered and for which written claim is made l

against the insured not later than ten years af ter the end of such bir. der perfod; provided, however, that with p\

W Q4 respect to bodily injury or property damage caused by an extraordinary nuclear occurrence this subparagraph (c)

John j L. Quattrocchi, shall not operate to bar coverage for bodily injury or lief President-Liability Underwriting, property damage which is discovered and for which written berican Nuclear Insurers claim is made against the insured not later than twenty years af ter the date of the extraordinary nuclear occurrence.

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1. - A j

BIflDER, INCLUDING BINDER fl0. EB 77 DECLARATIONS AND .

BOND FOR PAYMEtiT OF RETROSPECTIVE PREMIUMS BINDER The members of Nuclear Energy Liability Insurance Association, hereinafter called the " companies", subscribing this binder, each for itself, severally

and not jointly, and in the respective proportions set forth herein, and the insureds named in Item 1 of the Declaratior.s below, agree as follows

4 A. The companies hereby bind insurance to the insureds named in Item 1 of

., the Declarations in accordance with the provisions of the Draft Master Policy. All rights and obligations of the parties to this binder are set forth in the prnvisions of the Draft Master Policy, as it may be amended from time to time pursuant to its conditions nr paragraph B below.

B. The term " Draft ifaster Policy" means the draft of the MASTER POLICY --

NUCLEAR EllERGY LIABILITY POLICY (SECONDARY FINANCIAL PROTECTION) dated June 24, 1977 in the custody of the Nuclear Regulatory Commission, a copy of which is attached hereto, and includes all _ birders issued by the companies in connection with such Draft Master Policy. The Master Policy, as subsequently issued by the companies, shall cancel and replace this binder and the Draft Master Policy effective as of the' time and date of the inception of the binder period.

C. Such insurance as is provided by the Draft Master Policy applies, through tnis binder, only:

4 (1) to the insureds identified in Items 1 and 2 of the Declarations below, 1

. (2) to bodily injury or property damage

(a) with respect to wnich the primery financial protection 1 described in Item 4 below would apply but for exhaustion-

! of its limit of liability and (b) which is caused during the binder oeriod stated in Item.

8 below by the radioactive, toxic, explosive or other l

hazardous properties of nuclear material and (c) which is discovered and for which written claim is made ,

against the insured not later than ten years after the end of such binder period; provided, however, that with

, respect to bodily injury or property damage caused by an i extraordinary nuclear occurrence this subparacraph (c) shall not operate to bar coverage for bodily injury or 7

p_roperty damage which is discc"ered and for which written

!- claim is made against the insured not later than twenty years after the date of the extraordinary nuclear occurrence, r

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DECLARATIOl!S Item 1. Named insureds and addresses:

(a) The Cincinnati Gas & Electric Company - P.O. Box 960, Cincinnati, Ohio 45201

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(b) Columbus & Southern Ohio Electric Company - P.O. Box 960, Cincinnati, Ohio 45201 (c) The Dayton Power & Light Company - P.O. Box 960, Cincinnati, Ohio 45201 Item 2. Additional insureds:

Any other person or organization who would be covered under primary financial protection described in Item 4 of this binder but for exhaustion of the limit of liability of such primary finaricial protection.

Item 3. Description and location of the nuclear reactor: Unit 1 of the Wm. H. Zimmer Nuclear Power Station located in Clermont County, Ohio Item 4. Identification of primary financial protection applicable to the nuclear reactor and limit of liability thereof:

Nuclear Energy Liability Insurance Association Policy NF- 249 $124,000,000 Mutual Atomic Energy Liability Underwriters Policy MF- $ 36,000,000 Do other nuclear reactors shart the limit of liability provided under the primary financial protection? No, not at this time Item 5. Maximum retrospective premium (exclusive of allowance for premium taxes) payable to the companies under the Draft Master Policy with respect to eact, nuclear incident: $3,875,000.

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3 1 .  ; Item 6. Portion of the annual premium payable for the companies' contingent liability described in Condition 4 of the Draft Master _ Policy from the effective date hereof to the end of calendar year 1978: The pro rata portion of $4,650 for the period from the effective date of this binder to the end of the calendar year during which such effective date occurs.

Item 7. Limits of liability: See Item 3 of the Declaratiens of the Draft Master Policy.

Item 8. Binder period: Beginning at the same time and date that the Facility Operatino License issued by the United States Nuclear Regulatory -

Commission for the reactor described in Item 3 of this binder becomes effective and continuing to the effective date and time of cancelation or termination of the Draft Master Policy or this binder, whichever

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first occurs, eastern standard time. .

BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Know All Men By These Presents, that the undersigned do hereby acknowledge that they are named insureds under the Draft Master Policy described in the above Binder and Declarations. The named insureds do hereby covenant with and are held and are firmly bound to the subscribing members of Nuclear Energy Liability Insurance Association (hereinafter called the " companies") to pay to the companies all retrospective premiums and allowances for premium taxes which shall become 4 due and payable in accordance with the terms of the Draft Master Polici with interest on such premiums and allowances for taxes to be computed at the rate provided in the Dyaft Master Policy from the date payment thereof is specified to be due the companies in a wrir. ten notice to the named insured, as provided in Condition 1 of the Draft Master Policy until paid.

And it is hereby expressly agreed that copies of written notices of retrospective premiums and allowances for premium taxes due and payable or other evidence of -

such amounts due and payable sworn to by a duly authorized representative of the companies shall be prima facie evidence of the fact and extent of the liability of the named insureds for such amounts.

And it is further expressly agreed that the named insureds will indemnify the l companies against any and all liability, losses and expenses of whatsoever kind-l or nature (including but not limited to interest, court costs and counsel fees) which the companies may sustain or incur (1) by reason of the failure of the named insureds to comply with the covenants and provisions of this Bond or (2) in enforcing any of the covenants or provisions of this Bond, or any provisions of the Draft Master Policy relating to such covenants or provisions.

For the purpose of recording this agreement, a photocopy acknowledged before a flotary Public to be a true copy hereof shall be regarded as an original.

THE AB0VE BIllDER, DECLARATIO lS Afl0 B0tlD FORM A PART OF THE DRAFT MASTER POLICY _.

CANCELATIO t OR TERMIllATION OF THE DRAFT MASTER POLICY OR THEBIrlDER SHALL NOT AFFECT TPE OBLIGATIO:IS OF THE FLAMED INSUREDS UNDER TITE DRAFT MASTER POLICY OR

THE BOND TO PAY THE RETROSPECTIVE PREMIUMS AND ALLOWANCES FOR PREMlUM TAXES WITH RESPECT TO AilY BODILY INJURY OR PROPERTY DAMAGE WHICH IS CAUSED DURING l THE BINDER PERIOD.

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Ill NITilESS '.lHERE0F, the named insureds have caused this Binder, these Declara-tions and thic Bond for Payment of Retrospective Premiums, to be signed and sealed by a duty authorized officer, to be effective as of the time and date of the it. :eption of the binder period.

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, Attest or Witness FLAMED I!!SUREDS:

The Cincinnati Gas & Electric Company (flamed Insurcd - Type or Print)  ;

oa ik, ., d d By <t~ -

(SEAL) d [/ (Signature of Officer)

E.A.Boramann. Sr. Vice President.._.._

(Type or Print flame & Title of Officee!

Date:

cnl evenn x, sani-har, ch i;M,ct ri c c'o _

(flamed Insured - Type ur Print)

' . ' dtA.e*d---- By i (SEAL)

'(Signature of Officer)

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Fenstermnker c Vi m Pmcidont

{ J_(P.sype or Print hame a. S.2;.-iltle of Officer)

Date:

The Dayton Power and Light Company (llamed Insured - Type or Print)

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By AM (SEAL)

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C.R.Morey, Vice President--Ene_rgy_P_ro_d.

(Type or Print Name & Title of Off'cce)

Date:

(llamed Insured - Type or Print)

By (SEAL)

(Signature of Officer) l l

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(Type or Print flame & Title of Officer)

Date:

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. (Page 5 of 5 Pages)

IN. WITNESS WHEREOF, the subscribing companies have caused the Binder and the Declarations to be signed on their behalf by the Presideac of Nuclear Energy Liability Insurance Association to be effective as of the time and date of the inception of the binder period, and countersigned below by a duly authorized representative.

Attest or Witness For the Subscribing Companies of Nuclear Energy Liability Insurance Association

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By

"" Hx ', q Burt C. Proom, President Countersigned by (Authorized Representative)

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