ML20012D923

Comments on Execution & Delivery of Amend 4 to Indemnity Agreement B-106,dtd as of 851218.Enforceability of Amend May Be Limited by Applicable Bankruptcy,Insolvency, Reorganization & Moratorium or Other Similar Laws

ML20012D923
Person / Time
Site:	Seabrook
Issue date:	03/20/1990
From:	ROPES & GRAY
To:	NRC
Shared Package
ML20012D919	List: ML20012D918 ML20012D923
References
NUDOCS 9003290095
Download: ML20012D923 (4)

Text

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+ ropes & . GRAY ONE INTERNATIONAL PLACE

' ' BOSTON, M ASSACHUSETTS O2110-2624 30 RENNEDY PLAZ A . 1006 PENNSYLVANIA AVENUE. N. W,

y. (687) 95b7000 PROVIDENCE.R L 02903 .

WASHINGTON. D C. 20004 (401) 52i-6400

T LECOPtER

(617) 95t.70$o (202) 626-3900 ,

7-T L LE COPIER; (dos) 621-09:0 TELECOPIER: (202) 626 3961 ,

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f March 20, 1990-i

United = States Nuclear. Regulatory Commission Washington, D.C. 20555

Re:' Amendment'No. 4 to Indemnity Aareement No. B-106 Gentlemen:.

2 This opinion is being furnished to you in connection with the execution and delivery of Amendment No. 4 (the " Fourth 4 Amendment") to the Indemnity Agreement No. B-106, dated as of-December 18, 1985, as heretofore amended (the " Indemnity.

Agreement"), between the twelve Seabrook Owners, acting through New-Hampshire Yankee Division (the " Division") of Public Service Company of New Hampshire.as agent, and the United States Nuclear  !

Regulatory Commission.- The Seabrook-Owners are all named as ,

licensees in' Facility Operating License No. NPF-86.

We have acted as counsel for Public Service. Company of New Hampshire.("Public Service"),:and more.recently for the Division,-

, in-their respective and successive capacities as agent for the

'Seabrook Owners under the Agreement for Joint Ownership,-

Construction.and Operation of New Hampshire Nuclear Units, dated

• as,of May 1, 1973, _as amended (the " Joint Ownership Agreement").

> .We are-familiar with the actions taken by Public Service to establish'the Division and with the authorizing actions taken by the'Seabrook Owners, including Public Service,.with respect-to 1 the delegation of authority to the Division. We have reviewed an

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B executed copy of the Indemnity Agreement, including all

-amendments thereto, and'such other material as we deemed +

necessary for purposes.of this opinion.

Based upon the foregoing, we are of the opinion that:

1. The Division has been duly established within the ,

corporate structure of Public Service. The Joint Ownership '

p Agreement grants Public Service authority to act as agent for the

~

Seabrook owners in connection with transactions such as those evidenced by the Indemnity Agreement, and that authority has, in 9003290095 900321

, 'PDR- ADOCK 05000443 y PDC '.

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ROPE 0 & GGAY >

' United' States Nuclear Regulatory March 20, 1990 Commission  ;

accordance with the directive of the Joint owners, been duly.

-delegated to the Division.

2. Subject to the qualification stated in the last ,

paragraph hereof, the Fourth Amendment to the Indemnity Agreement has been duly authorized, executed and delivered on behalf of the Seabrook Owners, acting through the Division as their agent under the Joint ownership Agreement, and constitutes a valid and binding obligation of each of the Seabrook owners, enforceable in_ ,

accordance with its terms.. l our opinion as to the enforceability of the Fourth l Amendment to the Indemnity Agreement is qualified to the extent that enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting creditors' rights generally and that general equitable principles may limit the right to obtain the remedy of specific performance of obligations thereunder or other equitable remedies.

Very truly yours, f un r N de'~

Rop s & Gray

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Docket Hos. 443 AMENDMENT TO INDEMNITY AGREEMENT NO. B-106' Amendment No. 4 Effective March 15,19,99ndemnity Agreement No. B-106, between Public Service- d Company of New Hampshire, The United Illuminating Company, Massachusetts Municipal Wholesale Electric Company, New England Power Company, the Connecticut I Light and Power Company, Canal Electric Company, Montaup Electric Company, New Hampshire Electric Cooperative, Inc., Vermont Electric Generation and.Trans-mission Cooperative,-Taunton Municipal Lighting Plant, Hudson Light and Power

- Department, EUA Power Corporation, and the Nuclear Regulatory Commission,

. dated December 18, 1985 as amended, is hereby further amended as follows:

Item 3 of the Attachment to the-indemnity agreement is deleted in its entirety

-and the following substituted therefor:

Item 3 - License number or numbers ,

SNM-1963-(From12:01a.m., December 18, 1985, to 12 midnight, October 16, 1986 ,

inclusive)

NPF-56 (From12:01, October 17, 1986, to 12 midnig t, May 25, 1989 inclusive

'NPF-67 (From 12:01 a.m., May 26, 1989, to 12 midnig t, March 14, 1990 inclusive NPF-86 (From 12:01 a.m., March 15,1990 )

F0R THE U.S. NUCLEAR REGULATORY COMMISSION dL w Martin 4. VirtJjQ}o, ChW f Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation

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-v Accepted' ,1990 Accepted , 1990-By

• By.

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-EUA Power Corporation The Connecticut Light and Power.__

Company  :

r Accepted ,1990 Accepted- ,1990 U

-i

By-

• By _ .

• l Canal Electric Company Montaup Electric Company '

Accepted ,1990 Accepted' , 1990' By

• By

• Vermont Electric Generation > New Hampshire Electric and Transmission Cooperative Cooperative, Inc.

' Accepted , 1990 Accepted ,.1990

_By- 1* By

• Taunton Municipal Lighting Hudson Light and Power Plant Department ,

l. ' Accepted _ ,1990 Accepted ,1990 -

m-1 By

• By *-

l Public Service Company of The United Illuminating Company L- New Hampshire l

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Accepted , 1990 Accepted ,1990 By By L Massachusetts Municipal New England Power Company Wholesale Electric Company

• By New Hampshire Yankee Division of

- Public Service Company of New Hampshire, as agent for each of the Joint Owners BY:

l .- Edward A. Brown -- President & CEO Accepted March 21, 1990 l i