ML20011D911

Forwards Executed Amend 8 to Indemnity Agreement B-53

ML20011D911
Person / Time
Site:	Kewaunee
Issue date:	12/20/1989
From:	Evers K WISCONSIN PUBLIC SERVICE CORP.
To:	Dinitz I NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
CON-NRC-89-151 NUDOCS 9001020307
Download: ML20011D911 (5)

Text

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4 i NRC-89-151 WPSC (414i4331598 TEllCOPIE A 14111433-5544 E ASYLINK 62891993 l WISCONSIN PUBLIC SERVICE CORPORATION 600 North Adams

• P.O Box 19002

• Green Bay, WI 54307 9002 i

)

December 20, 1989 10 CFR-140.92 Docunent Control Desk ATTN: Mr. Ira Dinitz Senior Insurance / Indemnity Specialist U. S. Nuclear Regulatory Commission l Mail Stop 12E-4

• Washington, D.C. 20555 Gentlemen: .

Docket 50-305 Operating License DPR-43 '

Kewaunee Nuclear Power Plant Amendment to Indemnir.y ' Agreement No. B-53, Ainendment No. 8  :

Enclosed is a copy of the subject amendment endorsed by the owners of the

• Kewaunee Nuclear Power Plant: Wisconsin Public Service Corporation (WPSC),  ;

Wisconsin Power & Light Company, and Madison Gas & Electric Company. ,

WPSC discovered that sections of 10 CFR Part 140.92 were missing during our review of the aforementioned endorsement. ' Pursuant to this, Ms. B. J.

DeCleene (WPSC) contacted you on November 2,1989. We were infor.4 2 that an amendment has not been issued to update Ar+1cle VIII since it became effective on August 1,1977, with the exception of revising the amount of financial pro-l tection from $5 million to $63 million, effective July 1,1989, l

l In this telephone conversation, you advised us to disreg ud the first sentence on page 2 of amendment No. 8, endorse the amendment, and return it to your office.

If you have any questions or comments regarding this amendment, please contact me or Ms. B. J. DeCleene of ny staff. I l

Sincerely, K. H. Evers Manager - Nuclear Power .

~ BJD/jms -

Enc. 9003020307 PDR g

892220 ADOCK 05000305 N

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Mr. Ira Dinitz  :

.Decdaber 20, 1989-  !

.,' Page 2 -(

i cc - Mr. R. G. Baeten, WPSC - w/ attach.  !

Mr~. D. St. John, MG&E - w/ attach. i Mr. H. Gustrowsky, WP&L .- w/ attach. i Mr. H. D.. Picker 1, Marsh & McLennan, Inc. - w/ attach. I US.NRC, Region-III - w/ attach.  !

Mr. Patrick Castleman, US NRC - w/ attach, j I

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Docket No. 50-305 Amendment to Indemnity Agreement No. B-53 Amendment No. 8 Effective July 1,1989, Indemnity Agreement No. B-53, between Wisconsin Public >

Service Corporation, Wisconsin Power and Light Company, and Madison Gas and -

Electric Conany, and the Atomic Energy Comission, dated July 13, 1972, as amended, is sereby further amended as follows:

The amount "$160,000,000" is deleted wherever it appears and the amount "$200,000,000" is substituted therefor.

The amount "$124,000,000" is deleted wherever it appears and I the amount "$155,000,000" is substituted therefor.

The amount "$36,000,000" is deleted wherever it appears and the amount "$45,000,000" is substituted therefor.

Paragraph 1, Article I is modified to read as follows:

1. " Nuclear reactor," " byproduct material," " person " " source material,"

"special nuclear material," and " precautionary evacuation" shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission. ,

The definition of "public liability" in paragraph 7 Article I is deleted, '

and the following is substituted therefor: i "Public liability" means any legal liability arising out of or resulting from >

a nuclear incident or precautionary evacuation (including all reasonable .

additional costs incurred by a State or a political subdivision of a State, i in the course or responding to a nuclear incident or precautionary evacuation), '

except (1) claims under State or Federal Workmen's Compensation Acts of employees of persons indemnified who are employed (a) at the location or, if the nuclear  :

incident occurs in the course of transportation of the radioactive material, on  !

the transporting vehicle, and (b) in connection with the licensee's possession, use or transfer of the redioactive material; (2) claims arising out of an act of war; and (3) claims for loss of, or damage to, or loss of use of (a) property which is located at the location and used in connection with the licensee's possession, use, or transfer of the radioactive mattrial, and.(b) if the-nuclear incident occurs in the course of transportation of the radioactive material, the transporting vehicle, containers used in such transportation, and the radioactive material.

Paragraph 4(c), Article II is revised to read as follows:

(c) Any issue or defense based on any statute of limitations if suit is  ;

instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his injury or damage )

end the cause thereof.

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i In para aph 1, Article VI!!, the amount "$5,000,000" is deleted and the amount 63.000,000" is substituted therefor Item 2a of the Attachment to the indemnity agreement is deleted in its entirey and the following substituted therefor:

Item 2 - Amount of financial protection  ;

a. $1,000,000 (From 12:01 a.m., July 13, 1972, to 12 midnig t. December 20, 1973, inclusive

$95,000,000 (From 12:01 a.m., December 21, 1973, to 12 midnig t, February 28, 1974, inclusive

$110,000,000 (From12:01a.m., March 1,1974,to 12 midnight, March 20, 1975, inclusive)

$125,000,000 (From 12:01 a.m., March 21, 1975, to 12 midnig t, April 30, 1977 inclusive

$140,000,000* (From 12:01 a.m., May 1, 1977, to 12 midnig t, April 30, 1979 inclusive

$160,000,000* (From 12:01 a.m., May 1, 1979, to 12 midnig t, June 20, 1989 inclusive

$200,000,000* (From 12:01 a.m., July 1,1989 )

• and, as of August 1,1977, the amount available as secor.dary fin 6ncial protection. .

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l FOR THE UNITED STATES NUCLEAR REGULATORY C0!! MISSION )

C&4 42 & ::,z^ e' Cecil 0. Thomas, Chief Policy Development and Technical Support Branch  :

Program Management, Policy Development )

and Analysis Staff i Office of Nuclear Reactor Regulation Accepted M O V . O Gs , 1989 Accepted //'/4 ,1989 By By (8'///6f-t '/n-Wisconsin Public Service Wisconsin Power and Light .

Corporation Company

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Iy' By Madison Gas and# lectric ) h/03 Company f /

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