ML20012E605
| ML20012E605 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/27/1990 |
| From: | John Marshall TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | Murley T Office of Nuclear Reactor Regulation |
| References | |
| TXX-90124, NUDOCS 9004050473 | |
| Download: ML20012E605 (70) | |
Text
-
9 M i
"" Log i TXX 90124 i L.
~~~ '~~*
- File # 200. 232 i Ref. # 10CFR140.13 i nlELECTRIC March 27, 1990 l Director. Office of Nuclear Reactor Regulation ,
Attn: Mr. Thomas E. Murley l U. S. Nuclear Regulatory Commission I Washington. D. C. 20$55 '
$UBJECT: COMANCHE PEAK $ TEAM ELECTRIC STATION (CPSES)
DOCKET NOS. 50 445 AND 50 446 NUCLEAR LIABILITY INSURANCE AND SECONDARY l FINANCIAL PROTECTION :
Gentlemen:
Two certified copies of the following endorsements to our Nuclear Liability '
Insurance NELIA Policy No NF 274 have been enclosed for your records.
No. 29 AMENDATORY ENDOR$EMD,1, l No. 30 AMENDATORY ENDORSEMENT No. 31 /.NENDATORY ENDORSEMENT (FACILITY FORM)
No. 32 INCREASE OF LIMIT OF LIABILITY ENDORSEMENT ,
No. 33 AQVANCE PREMlUM AND STANDARD PREMlUM ENDORSEMENT CALENDAR YEAR 1 H.Q.
i In addition, two certified copies of the MAELU Policy No, MF 131 Delarations !
and the following endnrsements have been enclosed for your records, i No. 1 INDUSTRY CREDIT RATING PLAN I i PREMlUM ENDORSEMENT !
i l
No. 2 WA!VER OF DEFENSES ENDORSEMENTS (Extraordinary Nuclear Occurrence) (
1 No. 3 Supplementary Endorsement
j Waiver of Defenses Reactor Construction at _the Facility l
{
No. 4 A!!L@EORY ENDORSEMENT ;
(Indemnified Nuclear Facility) !
l No. 5 AMENDHENT OF DEFINITION OF INSURED !
(Tennessee Valley Authority) '
f,.h h. '
![ - . - - -
\ ,
TXX 90124 March 27. 1990 Page 2 of 2 No. 6 AMENDMENT OF COVERAGE ENDORSEMENT FOR WORKERS CLAIMS (Facility Form)
No. 7 AMENDMENT OF CONDITION 4 No. 8 AMENDATORY ENDORSEMENT (Facility Form)
, No. 9 ADJANCE PREMlUM ENDORSEtiLMI and STANDARD PREM10M ENDORSEMENT Calendar Year in.Q Finally, two certified copies of the Secondary Financial Protection NELIA Certificate No. N 90 and MAELU Certificate No. M 90 and the following endorsements to each certificate have been enclosed for your records.
~
No. 1 Amendment to item 1 of Declarations of the Certificate l
- No. 2 SPECIFICATION OF CERTIFICATE EFFECTIVE DATE AND PREMIUM ENDOR$Eti[MI No. 3 Amendment to item 4 of the Certificate No. 4 $UBSCRIBING COMPANIES AND THEIR PROPORTIONATE (for M 90 only)
LIABILITY ENDORSEMENT (SECONDARY FINANCIAL PROTICTION) CALENDER YEAR lHA This information is provided to fulfill the financial protection requirements of 10CFR140.13 with regard to Operating License No. NPF 28 for CPSES Unit 1 J and Special Nuclear Material License No. $NM 1986 for CPSES Unit 2.
l Sincerely.
William J. Cahill, Jr.
By .r J. S. Marshall Generic Licensing Manager RSB/vid Enclosures c Mr. R. D. Martin. Region IV Resident inspectors. CPSES (3)
)
i Nuclear Energy Umbility insurance i
j MUTUAL ATOMIC ENERGY UAtluTY HNDERWRITERS i nascensins ceramits me tela panesetssett Line:Litt t o asse nt i !
(secenter financiat Murtertina j j
Cette4A ? AR 3 1.
l It is agreed that with respect to bodily injury or property damage caused, during the effective period of this endorsement, by the nuclear energy hasard: 1
! a. The word " companies" wherever used in the Certificate asans the subscribing j companies listed below.
i
- b. The certificate shall be binding on such companies only. i t
- c. Each such company shall be liable for its proportion, as designated below, !
of any obligation assumed or expense incurred under the certificate because
, of such bodily injury or property damage. e t
- 2. It is agreed that the offective period of this endorsement is from the beginning i
- of the effective date of this endorsement stated below to the effective date that ;
i another ' Changes In Subscribing Companies And In Their Proportionate Liability i Endorsemeat* changes the Companies and/or their proportions as listed in this i
' endorsement, or to the time of the torsination or cancellation of the }
Certificate, if sooner.
n American Motorists Insurance Company 33.33%
Arkvright Insurance Company j 33.335 Liberty Insurance Corporation 33.345 i
, t I
i w r. . , ,
7 "
~. c. Y Cr inE On!GINAL j C!
lb " $+ . <-
J D MIEN. IOR ;
(1/M 3 U 's c , .o ; >
,3 fuv. NUCLEAR ENEAGY IM N! ~
g ppd 1ECTION). NO
) !
JOHN L DAT1RD;p ViOE PAESCENhuN?twitsG AMI.RICAN NUCLEAR iN5URERS {
t Effective Date of this Endorsement Februarv B. 1900 To form a part of Certificate No. M-00 I 1h 01 A.M. startantti time (
Issued to t Terat Utilitiet Electric Comnanv and Terat Municinal Power Anonev Date of issue Februa ry 14. 1000 . For the Subscribing Companies ERVRITERS MUTUAL
,, _ .*1TONICENERGY e m i Endorsement No. 4 Countersigned by
/>7/d / ,
d# ;
,h. '.
[.
MUTUAL. ATOMIC EHERGY t.! ABillTY UNDIRWRITERS TH.S IS TO CERTIFY THAT THis 15 A TRUE CAPV W THE ORtGtN AL ClBT 4 IE ATE. BEARING THE NUM.BER DisiGNM(D HEHEON, FOR Certificate No. g-90 INSLAANCL COVERACEUNDIRlHE MASitRPollCY NUCLEARENERGY N!,URANCE (SECONDARY FINAN'AAt FA0TECTION). N0 LIABILI Forming Part of Master IN$eR CE IS MFORDIO Y TH'S COPY. // '
JOHN T NI Policy No. I V!CE PR ENT LIABILITY UNDERWR!TI AWERICAN NUCLEARINSURERS CERTIFICATE OF INSURANCE DECLARATIONS AND BOND FOR PAYMENT OF RETROSPECTIVE PREMlUMS Certificate of Insurance This is to certify that the persons and organizations designated in item 1 [
of the Declarations are named insureds under the Master Policy -
Nuclear Energy Liability Insurance (Secondary finaricial Protection),herein called the " Master Policy", issued by Mutual Atomic Enercy Liability Underwri ters .
Such insurance as is provided by the Master Policy applies, t,hrough this certificate, only:
'(a) to the insureds _ identified in items I and 2 of the Declarations, (b) for the certificate period stated in item 6 of the Declarations, (c) to bodily injury _ or property damace (1) with respect to which the primary financial protection described in item 4 of the Declarations would apply but for exhaustion of its limit of liability as described in Condition 6 of the Master Policy, and (2) which is caused during the certificate period Stated in item 6 of the Occlarations by a nuclear incident arising out of or in connection with the nuclear reactor describeo in item 3 of the Occlarations, and MSFC-1 (1/1/83) P.uie i
, 'A (3) which is discovered and for which written claim is inade against the insured not later than ten years after the end of the certificate period stated in item 6 of the Declarations.
However, with respect to bodily injury _ or property damage caused by an extraordinary nuclear occurrence this subparagraph i
(3) shall not operate to bar coverage for bodily injury or property damace which is discovered and for which written claim is made against the insured not later than twenty years I
aTter the dete of the xtraordinary nuclear occurrence.
Declarations Item 1. Named insureds and addresses (a) Texas Utilities Generating Company 2001 Bryan Tower. Dallas. ,
TX 75201 (b) Dallas Power & Light Company.1506 Commerce Street. Dallas. TX 75201 (c) Texas Electric Service Company 115 West Seventh Street. Fort Worth.
TX 76101 (d) Texas Power & Light Company 1511 Bryan Street. Dallas. TX 75201 .
- (e) Texas Municipal Power Agency. 2%kAttootxx4ptexxTw.txx)60UtRS$00 IEx21R)X (f) Brazos Electric Power Cooperative. Inc., 2404 LaSalle Avenue. Waco.
TX 76706 (g) Tex-La Electric Cooperative of Texas. Inc., P.O. Box 1623, Nacogdoches, i TX 75961 (h) Texas Utilities Electric Company.2001 Bryan Tower. Dallas. TX 75201 !
- (e) Texas Municipal Power Agency, P.O. Box 7000. Bryan, Tx. 77805 ;
I b
r b
t i
Page ? of Certificate No. H-90 b
f* ' ,
Item 2. Additional insureds:
Any other person or organlaation who would be insured under the I
primary' financial protection identified in item 4 of the Declarations but for exhaustion of the limit of liability of such primary financial protection.
Item 3. O seriotion andStation location of nuclear Unit 1 of the Comanche Peak reactor: Texas, 5Ieam Electric located in Somervell Jtem 4. (4) Identification of primary financial protection applicable to the nuclear reactor and limit (s) of liability thereof:
Nuclear Energy Liability insurance Association's Policy NF- 274 $124,000,000 Mutual Atomic Energy Liability Underwriters' Policy MF. $ 36,000,000 ;
l
. l f
l (b) The following endorsements, attached to the primary financial protection policies listed in Item 4 (a) also l t
apply to the insurance afforded by the Master Policy through {
this certificate as though they were attached hereto:
(1) Waiver of Defenses Endorsement (Extraordinary Nuclear Occurrence) and (2) Supplementary Endorsement - Waiver of Defenses - Reactor
(
Construction at the facility. ]
I i
l Page 3 of Certificate No, M 90 l i
]
r E .O *
(b) 9hc f ollowing encorsements, attache:I to the priparv l financial protection policies listed in Item 4 (a) also apply to the insurance afforded by the Master Policy through i this certificate as though they were attached hereto: i l
(1) Waiver of Defenses Endorsement (Extraordinary Nucicar Occurrence)and l (2) Supplementary Endorsement Waiver of Defenses - Reactor Construction at the facility, (c) The limits of liability provided under the primary financial p,rotection specified in item 4 (a) above are not shared with l any other reactor except as follows:
- Item 5. Limits of Liability: The amount of retrospective premium actually received by the companies plus the amount of the companies' contingent i liability, if any, pursuant to Conditions 2, 3 and 4 of the Master Policy. ;
Item 6. Certificate Period: Beginning at the same time and date that the Facility Operating License issued by the United States Nuclear Regulatory Commission for the reactor described in Ite7n 3 of this certificate becomes effective and continuing to the effective date and time of cancellation or termination of the Easter Policy or this certificate, whichever first occurs, eastern standard time.
Item '/. Maximum retrospective premium (exclusive of allowance for premium f
taxes) payable pursuant to Condition 2 of the Master Policy with j respect to each nuclear incident: $1,125.000 [
ltem 8. Portion of the annual premium payable for the companies' contingent ,
liability described in Condition 4 of the Master policy from the effective date hereof to the end of calendar year 1983 : The pro rata portion of $1.350.00 for the period from the effective date of this certificate to the end of the calendar year during which such effective l i
date occurs.
Page 4.of Certificate No. M- 90
w . , ., . 'Q
- I '
EDC FOP, pAYMU.i 0F ECTR 0!PICT VI PRIMllES Enow All Men By These Presents, that the undersigned do hereby acknowledge that they are named insureds under the Master Policy described in the above q
- Certificate of Insurance and Declarations. The named insureds do hereby l
-covenant with and are held and are firmly bound to the members of Mutual '
Atomic Energy Liability Underwriters subscribing the Master Policy (here-inaf ter called the " companies") to pay to the companies all retrospective premiums and allowances for premium taxes which shall become due and payable in accordance with the Master Policy, as -it may be changed from time to time. )
with interest on such premiums and allowances for taxes to be computed at-1 the rate provided in the Master Policy from the date payment thereof is, specified to be due the companies in written notice to the first named insured l' !
as provided in Condition 2 of the Master Policy until paid;'
L ..
(
And it is hereby expressly agreed that copies of written notices of retro-spective premiums and allowances for premium taxes due and payable or.other
. I 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 I companies against any and all liability, losses and expenses of ' whatsoever kind or nature (including but not limited to interest, court costs, and coansel fees) i which the companies may sustain or incur (1) by reason of the failure of the I named insureds to comply with the covenants and provisions of this Bond'and l (2) in enforcing any of the covenants or provisions of this Bond, or any l
1 provisions of the Master Policy relating to such covenants or provisions;
,l l
For the purpose of recording this agreement, a photocopy acknowledged before a Notary Public to be a true copy hereof shall be regarded as an original.
] l Page 5 of Certificate No. M- 90
__ o
g . ' cg '.
o i The preceding Certificate of Insurance. Declarations and Bond fonn a part ,
i of the Master Policy. Cancellation or termination of the Master Policy l or the Certificate of Insurance shall not affect the named insured's obligations under the policy or the Bond to pay the retrospective premiums and allowances for premium taxes, as provided in this Certificate and Condition 2 of the Master Policy.
IN WITNESS WilERE0f the named insureds have caused this Certificate, these I' Declarations and this Bond for Payment of Retrospective Premiums, to be signed and sealed by a duly authorized officer, to be effective as of the ,
time and date of the inception of the Certificate period. l
. 0 ,o . l
. ' '. , Attest or Witness Named Insureds: l Texas Utili ties Generating cnmnany ,
(Named Insured - Type or Print) !
n '/ u M. 6e [ b" By_ A. & (SEAL) syt .l c M iz T (Signature of Office #) r I
- 2. J SM,*/ Brte Y N (Type or Print Name &,,. Title of Of ficer)
Date: 2 - /o -/fff s
l
, Dallas Power & Light Company l (Named Insured - Type or Print) .
. Adde r By DWh -
(SEAL) {
Je,re hr (Sig' nature of Officer) ;
M Ax M. l Au uiE R J#.- Y se hRes , !
(Type or Prigt Najne i Title of Officer) i Date: M/ 29/d5 l l
Texas Electric Service Company ,
)
Typb or Print) }
(N.}medinsur fj5& // .O DY W (SCAL) rid # # (SiinatureofOffich)
W. M. TA'1 lor - Vice WttsjpedT !
(Tyiie or Print Name 1. Title of Of ficer) I Date: 5-2. 83 I' ann 6 of Certificat e No. M 90 l
(.
,0 '.
l Attest or Witness flained insureds:
i l Texas Power & LichtjamJgy_,,,
l7 8 (r ins d - Type or Print)
/
ELOR!iARt I& ny +
(Signature of Officer)
(SEAL)
(60A bbdGWS$ tCf ES.
(Type or Print Name & Titic of Of ficer) f Date: I*U"D Texas Municipal Power Acency (Named Insured - Type or Print)
"n1. fi,}$ $ d D182 MdE- !- (5[ht.)
- (Signature of Officer)
WhLNG sdH W Ast (Type or Print Name & Title of Officer)
Date: i. LG . 83, Brazos Electric Power Cooperative. Inc.
i I i
,'%'i (Nam d Insured ' Type or Print)
YA..t. .M By ' -
o n.o uc(t:(f (Sfgnatu N o'f Offic'er)
R h k. 4 c. he C al,n Em v.a 6%.
. (Type or Print Name & Titic of Officer)
Date: F B .3 Tex-La Electric Cooperative of Texas. Inc (Hamp Insured - Type or Print) jf g/[(88 ' Uy <
(SEAL)
- (Siffiature of O'f ficer)
/
J. D. Nichols. President .
(Type or Print Name & fitle of Officer)
Date: 7/7/83 Pano 7 nr rort i ficat e rin. ii.or)
4 i
Attest or Witness tiemed Insureds:
Tees-itt+14 ties- Ehottie {wpeny-(iiamed Insured - Type or Print) !
........................... g,)kl)-g y.. 93 y (Sigs ture of Offic M .
. 2: -
- . .n.- ,. .......................... i'
. . , - , u .e ,
(Type or Print teame & Title of Of ficer) l
.n , t r" . q ,7.' Date: ---------------------
th,e "?< 'U / $%, .:.y.:!,fA_,
. ,s .h . c
, y,y S.- , t. ..c*.- .
Ein 1.;c, .
,i f,j ,i,
, .+c 4 Texas Utilities Electric Company
( in dI r Type or Print)
>- ,E' -
V*
i 'd, b d [% By -. 1. - -
M SEAL) l
.. . - (Signature of Officer) y [
'. E. A. Nye, Executive Vice President i
(Type or Print flame & Title of Officer) l Date: Mnvember 2. 1983 :
1 (fiamed Insured . Type or Print) '
1 By (SEAL) i
.3,. (signatureofOfficer) l
+
' . . .,,p j S
, , f. , ,
..p r - .
. .( . , ,.. ~.gy. ;:1 w . - (Type or Print flame &. Title of Officer)
. . c, a ..m. Date' ;
x;- -
- . 9 . .n, y ,;, m;3 5, . ;__
, (fiamed Insured - Type or Print)
By (SEAL) ,
(Signature of Of ficer) l (Type or Print 14ame & Title of Officer) l ,
Date: l l
i Pape 8_of Certificate rio.11 90 ,
l % . ** i
)
IN W11HESS WHEREOF, the companies subscribing the Master Policy have caused the certificate of Insurance and the Declarations to be signed on their behalf by Mutual Atomic Energy Liability Underwriters to be effective as of the time and date of the inception of the Certificate period, and countersigned below by a duly authorized representative.
Atts st or Witness for the Subscribing Companies of MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS y \ / BY:m -
.( > b ,
h 4horized Agen1 ~ 6' ' ~
'N Countersigned by x_ _ h/
(Authorized Reprey6tative)
Subscribing Companies -
_ PROPORTION'0F'1005 American Mutual Liability Insurance Company, Wakefield, MA 15.0000000 Employers Insurance of Wausau, A Mutual Company, Wausau, WI 15.0000000 Liberty Mutual Insurance Company Boston, MA 30.0000000 Lumbennens Mutual casualty company, Long Grove, IL ' 30.0000000 Michigan Mutual Insurance Company, Detroit, MI 5.0000000- .
Sentry Insurance A Hutual Company, Stevens Poin't. WI 5.0000000 ,
4 t
0 9
9 Pa ne of Certif Icate No. M. 90
Nuclear Energy Liability insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
- 1. Item 1 of the Declarations of the Certificate is deleted and replaced by the following:
ltem 1. Named insureds and addresses:
(a) Texas Utilities Electric Company 2001 Bryan Tower.
Dallas, TX 75201 (b) Texas Municipal Power Agency. P.O. Box 7000.
Bryan. TX 77805 TH!ssToerpymy7pf,,,,l.e'.
C n J:
A y,E CON Cr THE on,3: ggt N.t.i;AQ;7a i p i'.t cir ,, '] ,' . '3[.MARDHEPEDN,TOA 1W ? "' 3 WCMUCELAR ENERGY g g, '; ' ,,
t N;l:'o ' ,
o M ilY." ' ,lAL F ADTEC1;ON). NO s . c "'
se JOHNt JAT1hacc.q VICE PT.L:JDENT. UNDE RnWTpgG AMUDCAN NUCLEAR WSUREF;S Effective Date of this Endorsement February B. 1990 To form a part of Certificate No. M-90 12:01 A.M. Standard Time Issued to Terat Utilities Electric Comoany and Terat Municinal Power Agenev Date of Issue February 14. 1990 For the Subscribing Companies MU1TAL A IC ENERGY LIABILITT UNDERWRITERS
/
Endorsement No. 1 s.4%
Countersigned b M2W /C i
- ---- l
Nuclear Enetty Untellity lasurance MUTUAL ATOMIC ENERGY UABILITY UNDERWRITERS SPECIFICATION OF CERTIFICATE EFFECTIVE DATE AND PREMlUM ENDORSEMENT lt is agreed that:
1.
The United States Nuclear Regulatory Comission has issued to the insureds named in item 1 of the Declarations Operating License No. NPF-28 effective February 8.1990 for the reactor described in Item 3 of the Declarations of the Certificate.
2.
Item 6 of by replaced thethe Declarations following: of the Certificate is deleted and Item 6. Certificate Period: Beginning February 8. 1990 ,
and continuing to the effective date and time of cancellation or termination of the Master Policy or this Certificate, whichever first occurs, eastern standard time.
3.
Item 8 ofby replaced thetheDeclarations following: of the Certificate is deleted 6nd Item 8. Portion of the annual premium payable for the companies' contingent liability described in Condition 4 of the
. Master Policy from the effective date hereof to the end of calendar year 1990 : $_1.512 .
THE G 10 C E 9 afi la ToS 19 A TRUE COPY OF THE ORIGINAL C[RWICML 0F!Nc. TD N'//LER DESIGNATED HEREON, FOR INSURANCE LtADIL *y INSu;CCEC?\TI.1CE (EECONDARY U FIN'
- f R THE IdA$":R POLICY-NUCLEAR ENERGY INSUR, TE M O;,"*< 0 g , OtAL PROTECTION). NO ch ,
JOHNo VATE DCCh 4-YJCE PRiblDENT-UNDERWRITING Al/EPICAN NUCLEAR INSURERS Effsetive Date of this Endorsement February B. 1990 To form a part of Certificate No. M-90 12:01 A.M. Standard Time Iss:ed to_ Texas Utilities Electric Comnany and Texas Munf einal Power Aaenev Date of Issue February 14. 1990 Tor the Subscribing Companies MUTUAL 'NNIC ENERCY LIABILITY ERWRITIES
,, , a .x e m
End:rsement No._2 Countersigned by ?fo //-. -
h
Nuclear Energy IJaWuty insurance MUTUAL AT09 TIC ENEROY LIABELITY UNDERWRfTggs ENDORSEMENT TO CERTIFICATE NO.
Foming Part of Master Policy No.
Nuclear Energy Liability Insurance (Secondary Financial Protection)
Effective February 8.1990, it 'is agreed that item 4. of the Certificate is amended to read as rollows:
Item 4 (a) Identification nf primary financial protection applicable to the nuclear reactor and limit (s) or lieb 11ty thereof:
(1) Facility Fom Policies (i) Nuclear Energy Liability Insurance Association's Policy NF-274 $155,000,000 (ii) Mutual Atomic Energy Liability Undomriter's Policy MF-131 $ 45.000,000 (2) Master Worker Policies (Facility Worker Fom)
(i) Nuclear Energy Liability Insurance Association's Master Worker Policy NitP-1 $155.000.000 (ii) Mutual Atomic Energy Liability Undomriter's Master Worker Policy MWP-1 $ 45,000.000 (b) The fo110 wing endorsements attached to the Facility Form policiesidentifiedinsubsection(a)(1)abovealsoapplyto the insurance afforded by this Master Policy through this Certificate as though they were attached hereto:
(1) Waiver of Defenses Endorsement (Extrap-dinary Nuclear Occurrence)and (2) Supplementary Endorsement -
Waiver of Defenses -
Reactor Construction at the Facility.
(c) Sharing of limit (s) of liability provided under the primary financial protection.
(1) The limit of liability provided under each Facility Form policy identified in subsection (a)(1) above is shared among all nuclear reactors on the location i
described in Item 3 of the Declarations of such policy.
ME-S-10 (1/1/88) Page 1 of 2 1
1
_ _ _ - - - - - - - - - a
o 9
l (2) The limit of liability provided under each Master i
i Worker Policy (Facility Worker Fom) identified in i subsection (a)(2) above is shared among all insureds l under all Certificates of Insurance issued to be a part !
of the Master Worker Policies, !
l i
f I
i i
h i
l
"~ $
J '"*'"b[
E COPY OF THE ORIGINAL IN3UF.ANC E ce' >< < NtTED HEREON. FOR i UAE1 y N >,- a k# ' '" Y '
INsua et b mi '. t l # f "(( ^AL l'ROTECTION). NO' POU
~ ~. 'J I JOHNL 'l A 1
- C YlCE PREd! DENT UNDERnRmNG )
AMERICAN NUCLLAR INSURERS i i
Effective Date of [
this Endorsement February 8. 1990 To fom a part of Certificate No._ M.90 12:01 A.M. Standard Time !
Issued to Terat Utilities Electric Comnany and Texas Municinal Power Aaency (
Dato of Issue February 14. 1990 For the Subscribing Companies MUWAL A IC ENERCY LIABILITT RWRITERS By .T . L #
( _.1 '
Endorsement No. 3 Countersi ed by [ Mt/ # // l Authorized Repfesentative ME-S-10(1/1/88)Page2of2 ;
< \
3 Nuclear Energy Usbility insurance l 1
l MUTUAL ATOMIC ENERGY UABluTY UNDERWRITERS I I masts:sim casestas as tese passertsamte tras Litt comment cascannet rinnscia repractim>
cusmanesas.15
- 1. It is agreed that with respect to bodily injury or property damage caused, during the effective period of this endorsement, by the nuclear energy be.sards
- a. The word ' companies' wherever used in the certificate means the subscribing companies listed below.
- b. The certificate shall be binding on such companies only.
I
- c. Each such company shall be liable for its proportion, as designated belov, of any obligation assused or expense incurred under the cartificate because of such bodily injury or property damage.
I J
- 2. It is agreed that the offactive period of this endorsement is from the beginning i
]
of the effective date of this endorsement stated below to the effective date that another ' Changes In Subscribing Companies And In Their Proportionate Liability l Endorsement
- changes the Companies and/or their proportions as listed in this j endorsement, or to the time of the termination or cancellation of the j Certificate, if sooner.
j American Motorists Insurance Company 33.33%
Arkyright Insurance Company 33.335 Liberty Insurance Corporation 33.344 Tw e n ;:, ;y
. .s. : m : e w t c: a c,r w ear, mat C LPi M a * > ': T W'd ' M i : ' UD d MON, FOR IM D,y, - Ci s , ' r 11 :C , l'. . IN ' 'l f". I WC) NUCL E/Ji ENE90Y Lu M y rs M.U; ' N m;<
n Fh0 R OilON).No p;g g er r i.i r.-- <
JOHN .5 :s D I
ViCErw DENT-Uw w w:3 At/ERiCAN NUCl.EM N MnS i
Effective Date of this Endorsement February B.1990 To form a part of Certificate No. M-00 12:01 A.et. Stere N tise Issued to Terat Utilities Elaetric camnanv and Terat Municinal Pn= r Aaenev Date of issue February 14. 1000 For the subscribing Companies l
MLTTUAL TONIC ENERGY LIABILITT ERVRITERS by . .9 . ^ 3 14 ~ '
,, w ;
Rndorsement No. 4 Countersigned by , _ MGM . 4&
)
(TX) i
_ -- . _ . . _. _ _ ___. ___- _ _ _ _ -_-_.. _ . _ _ __.___ _ _ ___ .__ _. . _ _ _ _ ._____._._.___________I
r MUTUAL ATOWC ENERGY UABILITY UNMRWRiftRS 919 Nwth Michipn Avenue, Chicep 11. lilinis Nuclear Energy Liability Policy No, MP til (Facility Form)
Th'.s b to certh that thh it a true co:v c.f the oriynal Endari,: ment hvAng the enbrsement nunivt end t.cing rntABMARAMONS of the Nmkr.t F.ncruj Li:Mtp IWy (Faci!cy form) as. desr o.wto here .n W hwima e is afkir hereundri.
.un i S. .,, m
. 8 .. ~
. .,i,.. 4,,
'M~
M ltem 1. Named Insured _ lent. Utilitigt Electric Comnan'y_ and Terat Municinal Power Agency Addre 2nni ary.n Tower Da11at. Taras 7 8W01 (No. Street Town or City hete)
Item 2. Policy Period lleginning at 12:01 A.M. on the 8th day of Fahruary ,19,,90, and continuing ti. rough the effective date of the cancelation or termination of this policy, standard time at the addrew of the named insured as stated bettin.
Item 3. Deneription of the Faci!!cy:
Location All of the ntamiset including the land _and all buildinns and structures of Texas Utilities Cenerating Company's Comanche Peak Steam E'ectric Station
_thown at beine within the boundarian outlined in vellow on That Utilitiet Services. Inc.'s $1te Map and Insurance Site Description designated as Drawing Number FSC-00470 dated March.1987 a copy of which is attoched hereto and made a part hereof. The Comanche Peak Steam Electric Stat < on is located on
_the South Bank of the Souaw Creek Reservoir near the town of Glentose in Somervell County Texas, approximately thirty-five (35) miles Southwest of Fort Worth i
and sixty seven (67) miles Southwest of Dallas. Texas.
Typ, Power Reactor The Optrator of the facility . Teran Utilitiet E.1.ectric C.onipAnv item 4. The limit of the companies' liability is $.AS4000.000- subject to all the terms of this policy having referente thereto.
Il item 5. Advance Premium $ 101.665.79 Item 6. These declarations and the schedules forming a part harrol give a complete description of the facility, insofar as it relates to the nuclear energy hacard, creept as noteA no exceDtions Date of Issue Etbruarv 14. 1990 Countersigned by vs v ! 8" Authorlied Representative I
- luelear Energy Limbt!!t/ Policy (TscIllty Tonn) 2/1/57 (Second Revision)
T
- r NUCLEAR ENERGY LIABILITY INSURANCE '
t MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS i
INDUSTRY CREDIT RATING PLAN PREMIUM ENDORSEMENT It is agreed that Condition 1 of the policy is replaced by the following CONDITION 1. PREMIUM (1) Definitions: With reference to the premium for this pc,licy:
j " 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 Plan), premiums and minimum premiums applicable to this insurance:
" reserve premium" mear.s that portion of the standard premium paid to the companies and specifically allocated under the Industry Credit Rating Plan for incurred losses. The amount of the " reserve premium" i for this policy for any calendar year during which this policy is in force '
is the amount designated as such in the Standard Premium Endorsement for that calendar year; l " industry 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 American Nuclear Insurers and Mutual Atomic Energy l Liability Underwriters and subject to the Industry Credit Rating Plan; I
" policy refund ratio", for any calendar year, is the ratio of the named insured's reserve premium for that calendar year to the industry reserve premium for that calendar year:
" incurred losses" means the sum of i
(1) All losses and expenses paid by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters, and !
(2) All reserves for unpaid losses and expenses as estimated by ,
American Nuclear Insurers and Mutual Atomic Energy '
Liability Underwriters because of obligations assumed and the expenses incurred in connection >
with such obligations by members of American Nuclear insurers and Mutual Atomic Energy Liability Underwriters under all Nuclear Energy i
o 2. i Liability Policies issued by American Nuclear Insurers and Mutual Atomic [
Energy Liability Underwriters and subject to the Industry Credit Rating Plan !
l
" reserve for refunds," at the end of any calendar year, is the amount by !
which (1) the sum of all industry reserve premiums for the period from (
January 1,1957 through the end of such calendar year exceeds (2) the total for the same period of (a) all incurred losses, valued as of the next 1 following July 1, and (b) all reserve premium refunds made under the l Induetry Credit Rating Plan by members of American Nuclear Insurers '
and Mutual Atomic Energy Liability Underwriters:
" industry reserve premium refund," for any calendar year, is determined i by multiplying the reserve for refunds at the end of the ninth calendar l
year thereafter by the ratio of the industry reserve premium for the calendar year for which the premium refund is being determined to the l sum of such amount and the total industry reserve premiums for the next nine calendar years thereafter, provided that the industry reserve premium l refund for any calendar year shallin no event be greater than the industry ;
reserve premium for such calendar year. I i
(2) Payment of Advance and Standard Premiums. The named insured shall i pay 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 named 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 Premium Endorsement for such ;
calendar year issued to the named insured as soon as practicable prior i to or after the beginning of such year.
As soon as practicable after each December 31 and after the termination ,
of this policy, the standard premium for the preceding calendar year shall be finally determined and stated in the Standard Premium Endorse. '
ment for that calendar year. If the standard premium so determined r exceeds the advance premium previously paid for such calendar year, the named insured shall pay the excess to the companies; if less, the ;
companies shallreturn to the named insured the excess portion paid by !
such insured. !
The named insured shall maintain records of the information necessary for premium computation and shall send copies of such records to the ;
companies as directed, at the end of each calendar year, at the end of '
the policy period and at such other times during the policy period as the i company may direct. !
(3) Use of Reserve Premiums. All reserve premiums paid or payable for this policy may be used by the members of Mutual Atomic Energy
o
-3 Liability Underwriters to discharge their obligations with respect to incurred losses whether such losses are incurred under this policy or under any other policy issued by American Nuclear Insurers or Mutual !
Atomic Energy Liability Underwriters. '
(4) Reserve Premium Refunds. A portion of the reserve premium for this policy for the first calendar year of any group of ten consecutive calendar 1 years shall be returnable to the named insured provided there is a reserve for refunds at the end of the tenth calendar year. !
(5) Computation of Reserve Premium Refunds. The userve premium refund 3
due the named insured for any calendar year shall be determined by ,
multiplying any industry reserve premium refund for such calendar year l
by the policy refund ratio for such calendar year. The reserve premium l refund for any calendar year shall be finally determined as soon as practicable after July 1 of the tenth calendar year thereafter.
t (6) Final Premium. The final premium for this policy shall be the sum of :
standard premiums for each calendar year, or portion thereof, during f which this policy remains in force less the sum of all refunds of reserve t premiums due the named inrured under the provisions of this Condition 1. l t
(7) Reserve Premium Refund Agreement. Each member of Mutual Atomic Energy Liability Underwriters subscribing this policy for any calendar year, or portion thereof, thereby agrees for itself, severally and not ,
j jointly, and in the respective proportion of its liability assumed under j 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 accordance with the provisions of this !
Condition 1.
Effective Date of this Endorsement To Form a Part :
. Februarv 8.1990 __ of Policy No. MF-131 12:01 A.M. Standard Time
{
i Issued to Ignt Utt11tiet Elgtrie colgany and Terat Municinal Power Aaene_v Date of Is sue Februarv,,,&_1990 ,
t For the Subscribing Companies !
MUT AL ATOMIC ENERGY LIABILITY UNDERWRITERS ,
BY : Ns -
A Endorsement No. 1 Countersigned by t! M Th* k to o rts; that th'u is a inw wm of the ongna Authorized Representative
[ndorM'fucht hWing II A' Pud'DITDChI DWIlh#I Emd bc nN nmdc part of tF Nndn.r Enew Ld.h fW' Fw W h"nd n da ,
ME-17 nna i bewn No h a '" d h m nda.
.% . '~
.4 .m ~ m %- o+ . .
hmen. w H0 m v > 'e 1
NUCLEAR ENEROY LIAtiLITY INSURANCE
) MUTUAL ATOMIC ENERGY LIAtiLITY UNDERWRITERS WA1VER OF DEFENSES ENDOR$ MENT i (Extraordinary Nuclear Occurrence)
The named insured, acting for himself and every other insured under the policy, and the members of the Mutual Atomic Energy Liability Underwriters agree as follows:
' l l.
With respect to any extraordinary nuclear occurrence to which the policy applies l j as proof of financial protection and which (a) arises out of or results from or occurs in the course of the construction,
' 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, '
l the insureds and the companies agree to waive i ,
- (1) any issue or defense as to the conduct of the claimant or the fault of I of the insureds, including but not limited tot I
(1) negligence, (11) contributory negligence, )
j (iii) assumption or risk, and t (iv) unforeseeable intervening causes, whether involved the conduct of }
a third person, or an act of God, t
- t i
j (2) any issue or defense as to charitable or governmental immunity, and l (3) any issue or defense based on any statute of limitations if suit is \
l i instituted within three years from the date on which the claimant first knew, j or reasonably could have known, of his bodily injury or property damage and the cause thereof, but in no event more than twenty years after the l date of the nuclear incident.
l l
l 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 l
(a) bodily injury or property damage which is intentionally sustained by r 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 employed at the site of !
and in connection with the activity where the extraordinary nuclear occurrence i takes place if benefits therefor are either payable or required to be j provided under any workers' compensation or occupational disease laws (
(c) any claim for punitive or e.emplary damages, provided, with respect to any !
claim for wrongful death under any state law which provides for damages :
l only punitive in nature, this exclusion does not apply to the extent that ,
the claimant has sustained actual damages, measured by the pecuniary injuries I resulting from such death but not to exceed the maximum amount otherwise '
recoverable under such law., t i
,. o 3. The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms other than this endorsementi provided, however that with respect to bodily injury or property damage resulting from an extraordinary nuclear occurrence, Insuring 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 by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty years after the date of the extraordinary 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 protection required of the named insured: (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170 e. of the Atomic Energy Act of 1954 as amended.
Such waivers shall not preclude a defense based upon the failure of the claimant 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 financia). 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 protection" and " nuclear incident" have 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 also include his assignees, legal represen-tatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
Efective Date of To form a part this Endorsement Fah?"arv 8-~ 1000 -f Policy No.- MF-131 12:01 A;M. Standard Time Issued to Tarat Utilities Electric Camnanv and Texas Municinal Power Aaenev Date of Iss= rebruary 14. 100n This is to wrW Ildt t% k a true com of the < For abe Subeeribing Companies Endc;rwment hwhy tbc endm.~ncA number and ticing rnade part 9 of . + rukm Nm 12 t w N/f (FaiW R MyTUAL ATOMIC ENERGY LIABILITY ERWRITERS
, ,ai N d hereund
~ .~,m - o,,~ ~ - ---
An .no, w a nisi m 3 Endorsement No. 2 Counimigned by f
MTM! db Aurmonises Rarnasswnms T
ME-33a
NUCLEAR ENERGY LIABILITY INSURANCE q,'- MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Supplementary Endorsement l Waiver of Defenses Reactor Construction at the Facility l
. 1 It is agreed that in construing the application of paragraph 2 (b) of the Waiver of Defenses Endorsement with respect to an extraordinary nuclear occurrence occurring at 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 license has been issued by the Nuclear i Regulatory Commission shall not be considered as employed in connection :
with the activity where the extraordinary nuclear occurrence takes place l it l i
(1) the claimant is employed exclusively in connection with I the construction of a nuclear reactor, including all related !
equipment and installations at the facility, and j (2) no operating licenst has been issued by the Nuclear Regulatory ;
Commission with respect to the nuclear reactor, and l i
(3)the claimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility.
Effective Date of To Fo rm a Pa rt l this Endorsement __ Februarv A. 1000 of Policy No. _ Mr.131 ;
12:01 A.M. Standard Time i
Issued to Terat Utilities Elmetric camnany and Terat Municinal Power Aaency.,
t Date _ February 14. 1990 i
For the Subscribing Companies Mutu st Atomic Energy Liability Underw ders m ,e.- > /
By f y
. . C_ > % 8 m_- '8 A vv ,
Endo rsement No.1 Countersigned by ./>p,% , //g Authorized Representatke Thb. is to < crtdy thti this ir. n true cop; of the oriainal T.ndorement hw::.3 the endo!M1m ( nwnbet and being madc part j of the Not h.:n 13.crov ImMtv Poh - Fat inty Form) as des-3gn , dip? r,* m No }" ur w rs vifi yd herrundC!.
."at , ,
u,, m. v a .w o .,
/oe,cru .m N.x le v imurau I
. - o I
l
)
Nuclear Energy Liability Insurance
]
Mutual Atomic Energy Liability Underwriters i l
AMENDATORY ENDORSEMENT (Indemnified Nuclear racility) I i
i It is agreed that: I f
!. In Insuring Agreement III, " DEFINIT 20NE* !
A. The first sentence of the definition of " nuclear facility" is :
mnanded to read
" nuclear f acility" means "the f acility" as defined in any Nuclear Energy Liability Policy (racility Forn) issued by Nucioar Energy i Liability Insurance Association or by Mutual Atomic Energy Lia-bility Underwriters. j l
- 8. t The definition of " indemnified nuclear facility" is repla.ed by the following: {
(
" indemnified nuclear f acility" means i,
(1) "the f acility" as defined in any Nuclear Energy Liability 4
Policy tracility Form) issued by Nuclear Energy Liability {
i Insurance Association or by Mutual Atanic Energy Liability Underwriters, or (2) any other nuclear f acility, I t
- if financial protection is required pursuant to the Atomic Energy !
l Act of 1954, or any law amendatory thereof, with respect to any activities or operations conducted thereat: l C.
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 hasard" is seended to reads i t
(2) the nuclear material is in an insured shipment which is away I
- f rom any other nuclear facility and is in the course of trans- t portation, dental thereto, within including the handling and temporary storage inci;
- '
i (a) the territorial limits of the United States of America, l
its territories or possessions, or Puerto Ricc or l (b) international waters or airspace, provided that the nuclear material is in the course of transportation between two points located within the territorial limits described in .
ta) above and there are no deviations in the course of the ME-59 Page 1 of 4 (1/1/82) '
9 .
(b) transportation for the purpose of going to any other b (cont) country, state or nation, except a deviation in the course of said transportation for the purpose of going to or returning frcse a port or place of refuge as the result of an emergency.
D.
The definition of "insused shigenent" is replaced with the following:
" insured shipment
- means a shipsnent of source material, special nuclear material, spent fuel or waste, or tailings or wastes pro-duced by the extraction or concentration of uranium or thorium f rcan any ore processed prianarily for its source material content, herein called " material", (1) to the facility from any location except an indemnified nuclear facility but only if the transpor-tation of the material is not by predetermination to be inter-rupted by removal of the material from a transporting conveyance
!or any purpose other than the continuation of its transportation, or (2) f rcan the f acility to any other location, but only until the material is removed f rom a transporting conveyance for any purpose other than the continuation of its transportation.
E.
As used herein, " financial protection" has the meaning given it in the Atcanic Energy Act of 1954, as amended.
II.
Insuring Agreement IV is replaced by the following:
IV APPLICATI0H CF POLICY This policy applies only to bodily injury or property damage (1) which is caused during the policy period by the nuclear energy hasard and (2) which is discovered and for which written claim is made against the insured, not later than ten years af ter the end of the policy period.
III. Condition 2 is replaced by the following:
2 INSPECTION: $USPEY,SION The ccampaniea shall at any time be permitted but not obligated to inspect the f acility and all operations relat-ing thereto and to examine the insured's books and records as f at as they relate to the subject of thi.s insurance and any property insurance afforded the insured through any company who is a member of Mutual Atomic EnerTy Reinsurance Pool. If a representative of the campanies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hasard, a representa-tive of the ccampanies may request that such condition be corrected without delay. In the event of non-ccampliance with such request, a representative of the ecsapanies may, by notice to the named in-sured, to any other person or organisation considered by the ccen-panies to be responsible for the continuation of such dangerous condition, and to the United States Nucitar Regulatory Commission, 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 following the date that such Ccan-mission receives such notice. The period of such suspension shall terminate as of the time stated in a written notice from the com-panies to the named insured and to each such person or organization that such condition has been corrected.
i ME-59 Page 2 of 4 (1/1/82)
_-___a
1 1
Weither the right to make such inspections and examinations nor l the making thereof nor any advice or report resulting therefrem shall constitute an undertaking, on behalf of or for the benefit {
{ ' of the insured or others, to detemine or warrant that such ia-cility or operations are safe or healthful, or are in ecampliance i
with any law, rule or regulation. In consideration of the issu-ance or continuation of this policy, the insured agrees that nei-ther the campanies nor any persons or organisations making such i
{ i j
inspections or examinations on their behalf shall be liable with j respect to injury to cr destruction of property at the f acility. l
]
or any consequential loss or expense resulting theref resn, or any loss resulting frcan interruption of business or manuf acture, arts-i ing out of the making of or a f ailure to make any such inspection or examination, or any report thereon, or any such suspension of j insurance, but this provision does not limit the contractual ob-3 l d ligations of the ecunpanies under this policy or any policy afford-j ing the insured property insurance through any company who is a mesaber of Mutual Atcomic Energy Reinsurance Pool.
IV. Condition 4 is replaced by the followings i
4 LIMITATION OF LIABILITY: COf040N OCCURRENCE Any occurrence or series of occurrences resulting in bodily injury or property damage arising j
] out of the radioactive, toxic, amplosive or other hasardous proper-ties of j
' (a) nuclear material discharvec or dispersed from the f acility i over a period of days, weeks, months, or longer and also i
arising out of the properties of other nuclear material so discharged or dispersed from one or more other nuclear f a-cilities insured under any Nuclear Energy Liability Policy l i (racility Form) issued by Mutual Atcmic Energy Liability l Underwriters, or I
)
(b) source material, special nuclear material, spent fuel, waste, '
or tailings or wastes produced by the extraction or concen- ,
i j t
tration of uranium or thorium f rces any ore processed primarily j for its source material content in the course of transportation j for which insurance is afforded under this policy and also aris- .
l ing out of such properties of other source material, special ;
nuclear raterial, spent fuel, waste, or tailings or wastes pro-i duced by the extraction or concentration of uranium or thorium [
frcan any ore processed primarily for its source material content i i ia the course of transportation for which insurance is afforded l
under one or more other Nuclear Energy Liability Policies (Fa- }
i cility Form) issued by Mutual Atomic Energy Liability Underwriters, i
shall be deemed to be a common occurrence resulting in bodily injury or property damage caused by the nuclear eneryy hasard.
- With respect to such bodily injury and property damage (1) the total ;
aggregate liability of the members of the Mutual Atcunic Energy Lia- !
bility Underwriters under all Nuclear Energy Liability Policies (Ta- i cility Tom), including this policy, applicable to such cessnon occur- l rence shall be the sum of the limits of liability of all such policies, !
i HE-59 Page 3 of 4 (1/1/82) i
.. o 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 $36,000,000s (2) the total liability of the capanies under this policy shall not exceed that prcportion of the total aggregate liability of the members of Mutual Atomic Energy Liability Underwriters, as stated in clause (1) above, which (a) the limit of liability of this policy, as determined by condition 3, bears to (b) the sum of the limits of liability of all such policies issued by such members, the limit of liability of each such policy being as determined by Condition 3 thereof.
The provisions of this condition shall not operate to increase the !
limit of the companies' liability under this policy.
V. The second paragraph of Condition 12, "0THER INSURANCE", is amended to reads af$
h If the insured has other valid ud collectible insurance (other than !
Bg such concurrent insurance or any other nuclear energy liability in- I vU surance issued by Nuclear Energy Liability Insurance Association or :
Mutual Atcunic Energy 1.1 ability Underwriters to any person or organi-zation) applicable to loss or expense covered by this policy, the !
- T yq /j_ ^Q insurance afforded by this policy shall be excess insurance over such !
Ct 3 E Oh ether insurances provided, with respect to any person who is not en-ployed at and in connection with the f acility, such insurance as is l
[f' afforded by this policy for bodily injury to an employee of the insured !
-[.}-E[ }, } arising out of and in the course of his employment shall be primary insurance under such other insurance.
j m us- %
6 j "n I.,
. Paragraph (c) of Condition 16 " COMPANY REPRESENTATION", is amended to toad
, f E
C}$)l;l *gtf,j, (c) Mutual Atomic Energy Liability Underwriters is the ag with respect to all matters pertaining to this insurance. !
b All notices or y,tAL,it pji F2 other communications required by this policy to be given to the capanies may be given to such agent, at its office at One East Wacker Drive, Chicayo, i
l
- i"- .t Illinois j 60601, with the same force and ef fect as if given directly to
! .[ 6 3 4., q{
the ecumpanies.
Any requests, demands or agreements made by such agent L
- ge3h
' shall be deemed to have been made directly by the companies. i j '(
l i, Effective Date of To Form a Part i
l This Endorsement February 8. 1990 of Policy No. [
MF-131 '
12: 01 A.M. Standard Time I 1ssued to l
Texas Utilities Electric Comoany and Texas Municinal Power Aaenev t l
j Date of Issue February 14. 1990 ;
\
Tor the ubscribing Companies l
By R. MMC I Endorsement No. _4 Countersigned 4
- 922%74 -'
ME-59 Page 4 of 4 (1/1/82) '
l l l
8 t
i Nuclear Energy Liability insurance MUTUAL ATOMIC ENEROY LIABILITY UNDERWRITER 8 i
(
AMENDMENT OF DEFINITION OF INSURED '
(Tennessee Vs11ev Authority)' j It is agreed that regardless of the provicions of the second paragraph I of Insuring Agreement II, part (b) of the Definition of Insured includes
as an insured the Tennessee Valley Authority with respect to its legal -
responsibility for damages because of bodily injury or property damage [
caused by the nuclear energy hazard. '
b
.?
This is to certily that this ia a artw copy of the or: sinal '
Endou.cment having the endorsement number and being made part of the Nucker Energy Liabi!ity Polk /) (Fucihty Forrn) as des- '
ign. ed heman. No Nsu- in n'#:ded hereunder, Jol
. .T .
Quatrmechi, %.e Picodent Unden <n .. 9 Amenun buctuar Inene i
I l
Effsctive Date of .
To form a part I
this Endorsement February 8. 1990 of Policy No MF 131 12:01 A.M. Standard Time i l
Issu:d to Texas Ut111tiet Electric cnmnany and Taran Municinal Power Aaency l Date of Issue February 14. 1990 For the Subscribing Companies 1
MUTUAL ATtBEIC EEERGY LIABILITY UNDRENRITERS 1
l 1 gy .T. - - - -
4~ :
Endsroenent No 8; Countersigned by m/s //-
Auth'orized Representative ME-63
i I
I Nuclear Energy Liability insurance j
MUTUAL ATOMIC ENEROY LIABILITY UNDERWRITERS i
AMENDMENT OF COVERAGE ENDORSEMENT f
FOR WORKERS CLAIMS I
1 (Facility form) l It is agreed that:
- 1. DEFINITIONS When used in reference to this endorsement: '
"this policy" means the policy of which this endorsement forms a part; -l
" nuclear related employment" means all work performed at one or more I than one nuclear facility in the United States of America or in '
connection with the transportation'of nuclear material to or from'any such facility. All of a worker's nuclear related employment shall be ;
considered as having begun on the first day of such employment, .
regardless of the number of employers involved or interruptions in such employment;
" worker" refers to a person who is or was engaged in nuclear related employment;
" workers claims" means claims for damages because of bodily injury to a worker caused by the radioactive, toxic, explosive or other hazardous properties of nuclear material and arising out of or in the course of s
the worker's nuclear related employment;
" extraordinary nuclear occurrence" means an event which the United States Nuclear Regulatory Commission has detennined to be an :
" extraordinary nuclear occurrence" as defined in the Atomic Energy Act of 1954, or in any law amendatory thereof.
l l 2. APPLICATION OF THIS ENDORSEMtRT This endorsement applies only to such insurance as is afforded by this policy for workers claims which do not arise in whole or in part out of
, an extraordinary nuclear occurrence. >
i 3.
EXCLUSION OF NEW WORKERS CLAIMS 1
i l
t This policy does not apply to bodily injury to a worker which arises in whole or in part out of nuclear related employment that begins on or after January 1,1988.
1 .
l i
ME-66(1/1/88) Page 1
. H 4
APPLICATION OF POLICY TO WORKERS CLAIMS NOT EXCLUDED
' \'
With respect to such insurance as is afforded by this policy for workers claims which are not excluded, Insuring Agreement IV does not apply and the following Insuring Agreement IV-A does apply:
i IV A APPLICATION OF POLICY TO WORKERS CLAIMS I
This policy applies only to bodily injury (1) which is caused !
during the policy period by the nuclear energy hazard and (2) l which is discovered and for which written claim is made against the insured not later than the close of December 31, 1997.
1 g 5. AVAILABILITY OF SUPPLEMENTAL INSURANCE l hg NELIA and MAELU are offering.to make insurance under one or more Master Em i
,2an Worker Policies available to all holders of Nuclear Energy Liability j Policies (Facility Form). THIS OFFER IS CONTINGENT ON SUFFICIENT 317 SUPPORT FROM POLICYHOLDERS, AND NAY BE WITHDRAWN OR MODIFIED BY MAELU c p $- OR NELIA AS THEY DEEM NECESSARY OR APPROPRIATE.
2*tv i
7, ;g j The Master Worker Policies will provide, under their separate terms and conditions, coverage for new workers claims. Premiums will be subject
- hv p ${
to a separate Industry Retrospective Rating Plan.
m 6g l1E f~ a/,y '
t COVERAGE UNDER THE NEW MASTER WORKER POLICIES IS NOT AUTOMATIC. A e -$ v WRITTEN RE0 VEST MUST BE SUBMITTED TO MAELU OR NELIA THROUGH REGULAR
' .3 MARKET CHANNELS.
!j 0 3 r: *f :
!,) ~ h 6-2$." h ,hendorsement It is understood and agreed that all of the provisions of this shall remain in full force and effect without regard to diz *1 Y
'E ~ al this Section 5, and without regard to whether or not the Named Insureds l
}y,3[ K.
t become insureds under the Master Worker Policies, or whether or not !
b1 MAELU or NELIA terminate such policies or withdraw or modify their i
3 j2 .jy offer to underwrite such policies.
' .E?
tB T) f4E '
Effective Date of To form a part this Endorsement rehruarv B. 1990 of Policy No MF-131
.2:01 A.M. 5tandard Time ]
i Issu:d to Te ra t Utilitiet Electric Cnmnanv anti Terms Municinal Power Anoncv Date of Issue Februarv 14. 1000 For the Subscribing Companies MITUAL A C ENERGY LIABILITY TIES By,
.$,Mm "-
4 h I m
Endsraement No 6 countersigned by. hWM // /&
Authorized' Representative ME-66(1/1/88) Page 2
l (3) reasonable expenses, other than lors of earnings. !
incurred by the insured at the companies' request. ;
COVERACE B -
DAMAGE M PROPERTY OF AN INSURED AWAY FRON [
THE FACILITY With respect to property damage caused during the policy period by the nuclear energy hazard to the property of an !
insured which is away. from the facility, to pay to such ,
insured those suas which such insured would have been legally obligated to pay as covered damages therefor, had such property belonged to another.
j ;
C0VERACE C - SURROGATION - 0FFSITE EMPLOYEES With respect to bodily injury caused during the policy i
period by the nuclear energy hazard to any employee of an insured, and which is discovered and for . which written ;
claim is made against the insured, not later than ten (10) years after the end of the policy period, to pay to the workmen's compensation carrier of such insured as follows: !
All suas which such carrier would have - been entitled to $
recover and retain as damages from another person or '
organization. had such person or organization alone been legally responsible for such bodily injury, by reason of ,
the rights acquired by subrogation by the payment of the benefits required of such carrier under the applicable workmen's compensation or occupational disease law. An t employer who is a duty qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this coverage. .
This coverage does not apply to bodily injury te any i
person who is employed at and in connection with the facility: nor shall it constitute workmen's compensation insurance as required under the laws of any state.
2.
INSURING AGREEMENT II is replaced by the followings j II DEFINITION OF INSURED The unqualified word " insured" includes (a) the named insured and (b) any other person or organization with respect to his legal responsibility for covered damages or covered environmental, cleanup costs because of bodily injury, the property nuclear damage energy or environmental damage caused by hazard.
) {
Subdivision United States(b) ofabove does not include as an insured the America the Tennessee Valley Authority. or any of its agencies, except a.
i i Subject to CONDITION 3 and the other provisions of this l policy, the insurance applies separately to each insured against whom claim is made or suit is brought. i l
2 l
\ ..
1 i
l 4
n ,_ _.-_, -
, < l 3 ,
INSURING AGREEMENT III is replaced by the followingt \'
1 III DEFINITIONS Wherever used in this policy:
i
" bodily injury" including death means resulting bodily therefrom, injury, sickness or disease ,
person.
sustained by any i " covered damages" means riamages i or property damage to which because of bodily injury this policy applies butenvironmej or on-site cleanup costs. covered damages do not include !
- " covered ;
environmental cleanup costs" means only those
- environmental cleanup costs which are incurred directly for monitoring, containing testing for,damage environmental cleaning as up, neutralizing or extraordinary nuclear 4
the ;
i
- occurrence .or a transportation result of an
{
include on-site cleanup costs. incidents but covered environm l
- " disposal site" means ,
{ any structure, basin, excavation, promises or place prepared disposal of waste materials of a general nature , but which as a dump or site for the
- may also small containing be used amounts for the of disposal nuclear material. of waste materials i
i " environment" includes land,
, watercourses bodies the atmosphere, and all i
of whether on, a,bove or below the surface of the ground. water and natural resources, ;
" environmental expense arising out cleanup of costs" include all loss
- directive (other than an award 'ofany governmental decree,,cost or order or l
action at law) requiring or covered damages in an for, cleaning uporganization to undertake requesting or pay a person or for monitoring, of below or the environmen,t, the surface of the whether ground.the contamination , above is onneutra W
i ment by nuclear material." environmental damage" environ- means cont i
l " environmental protection
\
obligations of any person or organizationobligations" include all i
4 (1)
, relating to theor contamination protection imminent of danger the environment of from and contamination, I (2) imposed by any governmental laws, ordinances. regulations or i
the
" extraordinary United Statesnuclear occurrence" means an event which determined Nuclear Regulatory Commission has to be an extraordinary nuclear occurrence as
- 4 3 -
i
l 4
i defined in th3 Atomic Energy Act of 1954, or in any law amendatory thereof.
" governmental" refers to federal, state and local governments and authorities, including courts, agencies and political subdivisions thereof. l
" indemnified nuclear facility" means (1) "the facility" as defined in any Nuclear Energy
- Liability Policy (Facility Form) issued by Nuclear
Energy Liability Insurance Association or 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 thereof, with thereat.
respect to any activities or operations conducted ;
1 " insured shipment" means a shipment of source material,
- special nuclear material, spent fuel, waste, or tailings
or wastes produced by . the extraction or concentration of i i
j uranium or thorium from any ore processed primarily' for i
its source material content, herein called " material,"
(1) to the facility from any i
indemnified nuclear facility,location but only if the except an i
l transportation of the material is not by predeter-mination to be interrupted by removal of the j
material from a transporting conveyance ,
! for any purpose tation, or ,other than the continuation of its transpor- '
j (2) from the facility to any other location, but only l
, until conveyance the material is removed from a transporting for any purpose- other continuation of its transportation. than the -
' " nuclear explosive energy hazard" means the radioactive, toxic.
l material, or other hazardous properties of nuclear but only if l (1) the nuclear material is at the facility or has been
! discharged or dispersed therefrom without intent to i relinquish person or organization, or possession or custody thereof to any other
' (2) the nuclear material is in an insured shipment which
, is away from any other nuclear facility and is in the j course of transportation, including handling and temporary storage incidental thereto, within (a)
- the territorial America, limits of the' United States of its territories or possessions, .or Puerto Ricos or (b) international waters or airspace, provided that the nuclear material is in the course of 1
transportation between two points located within 4
t
- l the territorial there is no deviation limits described in (a) above and in the course of the i
i
' transportation for the purpose of going to any other country, state or nation, except for the purpose of I
going to or returning from a ;
as the result of an emergency. port or place of refuge ,
i
" nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy s iability Underwriters. The term " nuclear 3
facility" also means '
(1) any nuclear reactor.
(2) any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, ,
i (b) processing or utilizing spent fuel, or I
(c) handling, processing or packaging waste, ;
(3) any equipment or device used for the processing, t fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, I (4) any structure, basin, excavation, premises or place l
prepared waste, or used for the storage or disposal of .
i and includes the site on which any of the foregoing is 4
located, all operations conducted on s".ch site and all promises used for such operations. f
" nuclear material" means source material, special nuclear i
material or byproduct material.
" nuclear reactor" means any apparatus designed or used to sustain nuclear fission or a self-sustaining chain reaction or to contain a critical mass of fissionable material.
"on-site cleanup costs" include all loss, .
arising out of on-site cleanup obligations. cost or expense "on-site cleanup obligations" include all obligations of any person or organization, imposed by common law or otherwise, to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination by nuclear material at the facility, whether the material is on, above or below the surface of the ground.
"on-site property damage" includes all property damage to any property at the facility, whether the property is on, above or below the surface of the ground, other than aircraft, watercraft or vehicles licensed for highway use, 5
_ _ _ , _ _ _ _ _ _ _ _ _ _ _ - - - - - ~ ~ ~ ~
l . !
i provided cuch circr0ft, wat0raroft or v hiolo3 are not 1
usod in cennection with the operation of the facility.
l
" property damage" means physical injury to or destruction or radioactive contamination of property, and loss of use ;
of property so injured, destroyed or contaminated, and l
loss of use of property use because possibly while evacuated or withdrawn from a imminent danger of contamination.so contaminated or because of J
" source material," "special
" byproduct material" have nuclear material," . and the meanings given them in the }'
Atomic thereof. Energy Act of 1954, or. in any law amendatory
" spentorfuel" solid means liquid any fuel element or fuel component, which radiation in any n,uclear reactor. has been used or exposed to ~!
"the facility" means
' the facility described in the 3
declarations such location. and includes the location designa' m ,
" transportation incident" of
! nuclear material from an insuredmeans a discharge or dispersal shipment cau by 1
i collision or upset of accident that breaks open,the transporting conveyance, sed or an shipping containers or containment punctures thereon or ruptures the both the discharge or dispersal and the collision , but only if ,
! upset j
away from any disposal site, and both occur in .
of the transportation, storage incidental thereto. including handling and temporary 4
I
"(1) waste" means any waste material (2) containing byproduct material and
- resulting from the operation by any person i
or organization the definition ofofany nuclear facility included within nuclear
! (1) or (2) thereof. facility under paragraph t i
4.
INSURING AGREEMENT IV is replaced by the following and INSURING AGREEMENT IV-A added by the coverage Endorsement " Amendment of continues to apply: for Workers claims (Facility Form)" .
IV LIMITED The DEFENSE OF PARTIALLYSCOVERED following provisions apply with respect to any duty to defend has been limited by INSURING NT.I:
s AG (1)
The companies will defend the the companies and the firstclaim named or suit insured unlessmutually agree on a different defense arrangement.
By making 6
e
---,.,,-._,-_---._.-.-.,_..____m_
- . . - . - - - . . - _ . . . _ . _ - _ - - - _ _ - - . - - ~ . - - . . . - . _ - . _ - - - _ . .
.- l 4
ouch o d3fonso, the companies shall not be considered as denyhaving waived their rights under this policy to i payment or reimbursement of ;
a covered. the items not i (2) As soon as practicable, acting on behalf of all insureds, the first and named insured.
the companies :
shall endeavor to reach an equitable arrangement for (3) handling The companies' the defense and sharing the costs thereof. :
f exceed the portion share of defense of the total defense costscosts shall that not .
represents the costs which would be reasonably and !
necessarily incurred in the defense of the claim or suit in the absence of any claim or demand for the '
items not covered.
(4) The companies shall have a right' to contribution '
from the first named insured for all defense costs as they I
companies' are incurred share, in excessreimbursement including of the amount of the by the firn thu u m entes. named insured of all such excess costs paid by ,
(5) If 'e companies and the first named insured cannot-c.
agree on the companies' share of defense costs, the ,
dispute shall be submitted, as a condition precedent to any right of recovery on this policy, to arbitra- ;
4
{ tion in Condition for a final 19.and binding resolution, as provided
- 5. In EXCLUSIONS (d) and (e), and in all endorsements to this policy relating thereto, the words " bodily injury or ;
l damage or environmental damage." property damage" are replaced by i
6.
, EXCLUSION (f) is replaced by the following exclusions
[This policy does not apply )-
(f) ts on-site property damages 7.
In CONDITION 3, and in all endorsements to this policy modifying the dollar amount of the limit of liability statedorinproperty injury Item 4 damage" of the declarations, are replacedthe b words " bodily .
property damage or environmental damage."y " bodily injury,
- 8. In CONDITION 4 and inamount all endorsements to this policy modifying the dollar of liability of the total aggregate occurrences the companies with respect to a common (a) the words " bodily injury or replaced by " bodily injury, property damage" are environmental damage": and property damage or (b) the wordsby replaced " bodily injury and property damage" are
" bodily injury, property damage and i environmental damage."
}
l 7 )
l
i l
l
- 9. In CONDITIONS 5. 11 15 and 18. and in all endorsements to l j this policy relating thereto, the words " bodily injury or i property damage" are replaced by "booily injury, property damage or environmental damage." !
i i
- 10. CONDITION 19 DECLARATIONS. and CONDITION 20 MUTUAL !
POLICY CONDITION. are renumbered CONDITIONS 20 and 21. !
- 11. The following CONDITION is added to the policy: ,
19 AR5n' RATION OF DISPUTES RELATING TO THE APPLICATION OF INSURING AGREEMENT IV i
All such disputes subject to paragraph (5) of INSURING !
AGREEMENT (the "Roard") IVfor shall a be submitted final and binding to a Board of Arbitration resolution of the 1 dispute. i There shall be two parties to the arbitration the first !
named insured, acting on behalf of all insureds as .their duly authorized representative. and i
Liability Insurance Association. acting on behalf Energy Nuclear of the- ,
companies as their duly authorized representative.
Except to the extent the parties !
mutually agree otherwise, the following principles will apply:
(a) The arbitration will take place in New York.. New ,
York, and will be governed by the laws of the State of New York.
(b) Either party may begin the process of arbitration by giving notice to the other party in writing of its intention that to do so and the name of the arbitrator it has appointed.
(c) The other party shall then appoint in writing an arbitre. tor, and the arbitrators shall appoint in writing an umpire before they begin the arbitration. ,
(d)
The If umpire shall act as chairman of the Board.
a party fails to name thirty (30) days of the other its arbitrator within party's written request that it do so, appoint an arbitrator for the party in default. the requesting party may ,
(e) If the two arbitrators fail to agree on the selection of an umpire within thirty (30) days after they have both been appointed. each of them shall ;
name two.
choice shall ofbewhom made the by other drawing shall lots. decline one. The (f) The arbitrators and umpire shall be executive officers or former companies licensedexecutive to do business officers of insurance States or of organizations designated in the United as the first named issued insured by Nuclear under a Nuclear Energy Liability Policy Energy Liability Insurance Association or Mutual Atomic Energy Liability ,
I Underwriters:
the following shall provided that the current employees of not be eligible for service '
8 1
i i
i .- l j .
without tho ecn:ent of both parties I i
(1) any party or likely party to the underlying claim or suit :
(2) American Nuclear Insurers. MAERP Reinsurance !
l' Association or their members or !
(3) any other insurer or reinsurer which has (
casualty insurance or reinsurance in force on ;
i any of the affected by theforegoing Board'swhichdecision. may be materially l
I (g) Within thirty (30) days after the appointment of the -
l umpire, to the Board. each party shall submit its case in writing - ;
(h) The Board shall determine its rules of procedure, and the nature and extent of any discovery, testimony.
l -
examination oral argumentor cross-examination of witnesses and permitted. :
The decision of any two '
members of the Board shall be final and binding on l all parties.
- All discovery, submissions of evidence.
hearing of witnesses within sixty (60) days of the appointment of the and argument shall be completed '
4 umpire, provided the Board may grant one extension of thirty (30) days.
t 4
(i)
The arbitrators and the umpire are not to be bound by i any strict rules of legal procedure, evidence or legal precedents.
i They shall. however, be governed to add to or change policy, by the terms of this and shall have no power l
! its provisions. Subject to this admonition, they shall interpret ,
the relevant i provisions of this policy as an honorable business agreement, j and shall be entitled to decide, in
- accordance with such provisions together with the i other materials submitted to them, what they think is
! the fair and right thing to be done between the i parties from a business point of view, without *
(j) favoring the interest of either party.
The thirty Board (30 shall make its award in writing within including )any days after the close of the period.
i extension. granted, described in paragraph (h) above.
(k)
If the Boardbyfails prescribed paragraphto make(j)an award within the time
! extension is above, then unless an j agreed to by the parties, a new
' arbitration shall be commenced and completed in 4 accordance (a) through (j) with the procedure set out in paragraphs above.
l (1) The award of the Board signed by any two members j
shall all be final.
parties. not subject including to appeal and binding on all insurars subscribing the policy and all insureds thereunder. The award shall be treated as a matter involving interstate commerce.
- and competent may be filed or confirmed in any court of jurisdiction, state or federal, and 1
judgment thereon entered and enforced, with the law and practice of the forum. in accordance I
9 l'
4
, , , - - , , - - r - -- , ,---, n- - , . - - - ., , , ,_ , , - - - , . . , . - , - - , ---.,---,.,wan-,--~wn -- , , - , ~ - , . ,v- -r - - , - - , , , .c
1 0
1 (m) Unless the Board decides otherwise, each party shall ,
pay the expenses of the arbitrator appointed by or i for it and one half of the other costs of arbitration. j (n) If an arbitrator or umpire is unable or unwilling to i act, a new arbitrator or umpire. as the case may be. j shall be appointed to act in his or her place. in accordance with the provisions set forth above.
(o) All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing !
party shall send simultaneously a copy the$reof to the
~
opposing party. !
- 12. This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under this policy, and which are first made in writing against any insured on or after the effective date
'of this endorsement stated below.
i P
I-This is to certify thia this is a true copy of the original l Endorsement having the endort.cment number and being made part l
of the Nudear Energv Liabthty PolicsgFacihty Form) as des. ,
ignated hereon. No losurance is affc/ fed hereunder.
I John k .S.an...V8mmnt anm Under .a. _
kihMICh, < NOC!t'at lfMuM*T$
10 I
Ef fective Date of th6s Endorsement _ February 8. 1990 To form a part of Policy No. MF-131 ,
j 12:01 A.M. Standard Time '
1ssued to Ternt Utilities Electric Cnmnanv and Texas Municinal Power Aaenev
. Dage of Issue February 14. 1990 For the Subscribing Companies MUTUAL ATOMIC ENERcf LIABILITT UND ITERS i
i By 8. 21 C
-m f Endorsement No. 8 Countersigned by ., n l _-
' ' Authorized Representative
~
- ME-71 (1/1/90) 4
- - - _ _ . - . _ . , _ . . _ . , _ _ _ _ . - _ _ - . _ . _ _ _ . . . . _ _ _ . . . _ . . _ . . . . _ _ _ . . . _ . ~ . . . . . _ . . _ . . .. - . - - . . - . _ -
(m) Unless the Board decides otherwise, each party shall pay the expenses of the arbitrator appointed by or for it and one half of the other costs of
' arbitration.
(n) If an arbitrator or umpire is unable or unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place, in accordance with the provisions set forth above.
(o) All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing party shall send simultaneously a copy thereof to the opposing party.
- 12. This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under this policy, and which are first made in writing against any insured on or after the effective date
'of this endorsement stated below.
'llue is to certify thor this is a true c<my of the original Endorsement having the: endorsement number and being made part of the Nudear Energv Liability Policg' Facility Form) as des-innated hereon. No hi urance is affc/fal hereunder.
John L .s .vi un nm ni, Aneta Nudem Inwrers i ruoant Un&t _
10 Effective Date of this Endorsement _ February 8. 1990 To form a part of Policy No. MF-131 12:01 A.M. Standard Time '
Issued to Terat Utilities Electric cnnnany and Texas Municinal Power Acenev Date of Issue February 14. 1990 For the Subscribing Companies NUTUAL ATOMIC ENEaCY LIABILITT UND ITERS Endorsement No. 8
.s. w-Countersigned by_ ,m #_. -
ME 71 (1/1/90) ^"* "" ""**
- 1
NUCLEAR ENEROY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
_ ADVANCE PREMItM ENDORSEMEW and STANDARD PREMItM ENDORSEMEW Calender Year J 9.9.Q_
- 1. ADVANCE PREMllM It te agreedabove designated that the is $Advance Premium due the companies for the calendar year 101.666.00 .
2 STANDARD PREMIIM AND RESERVE PREMItM In the absence of a change in the Advance Premium indicated above, it is agreed that, taubject to the provisions of the Industry Credit Rating Plan, the Standard Premium and Reserve Premium are:
Standard Premium $ 101.666.00 .
Reserve Premium S 76.8i91.00 .
Effective Date of To form a part this Endorsement February 8. 1990 of Policy No. MF-131 12:01 A.M. Standard Time issued to Texas Utilities Electric Company and Texas Munic1Dal Power Aaency Date of Issue Februa ry 14, 1990 i.
For the Subscribing Companies MUT L ATOMIC ENERGY LIdA !LITY LTNDER ITERS By n .(' Y A "
!W1VV V r N 4 &/f Endorsement No. 9 Countersigned by '/ .
)r . 4 / - ~
AUTHORIZED' REPRESEIRATIVE This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part ME-41 of t e Nuc1 car Energy Liabihty Policyf(Facility Form) ar, dee.
igna d hereon No I unmce is aff//kd hereunder.
John httroecli, W Pnmdent41 ,
Amoncan Nuckw losurtis
Nuclear Energy Liability Insurance I MUTUAs ATOMIC ENERGY LIABILITY UNDERWRITERS AENDENT OF CONDITION 4 .
It is agreed that with respect to bodily injury or property damage :
caused after the effective date of this endorsement by the nuclear '
energy hazard, the figure "13,500,000" stated in Condition 4 of this policy is amended to read "$45,000,000."
i i
This is to certih; that thk, is a true copy of the original Endorsement hwing the endorrement number and being made part I
of the Nuckar Enctav 1.inbihty l'ol;cy (Facthty Form) as des-ignated hereon No insurance is afford hoicunder.
Johnt ' A ise C
t h In n ers O
Amencan ,
l l
l Effective Date of To form a part l
this Endorsement February 8. 1990 of Policy No MF-131 i
12:01 A.M. Standard Time 'l '
Issusd to Texas Utilities Electric Comoany and Texas Municioal Power Aaency Date of Issue February 14. 1990 For the Subscribing Companies 1
l MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 4 1
3, y
.s. h - --
1 Endorsement No 7 Countersigned by #E*f#- M[M
Nuclear Energy Liability insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS i
l AMENDATORY ENDORSENENT (Facility Form)
It is agreed that:
- 1. INSURING AGREEMENT I is replaced by the following:
I COVERAGE A - LIABILITY To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage, or as covered ,
i environmental cleanup costs because of environnental ;
damage. !
This Coverage applies only to bodily injury, property damage or environmental damage caused during the i
policy period by the nuclear energy hazard, and which is discovered and for which written claim is made against the l
insured, not later than ten (10) years after the end of the policy period.
' t i
i
! The companies shall have the right and duty to defend any
- claim or suit against the insured alleging such injury or ;
4 damage, and seeking damages or costs which are payable i under the terms of this policy: but the companies may make such investigation, negotiation and settlement of the claim or suit as they does expedient.
The companies' duty to - defend shall j be limited.. as j described in INSURING AGREEMENT' IV., if the claim or suit 4 j also seeks any of the following, which in no event shall i
be construed as covered by this policy:
i (1) damages for on-site property damaget (2) recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup l
costs:
i (3) performance of an insured's environmental protection i
i (4) obligations or on-site cleanup obligations or any t i
other relief or recovery except payment of l covered damages or covered environmental cleanup costs.
4 The companies' duty to defend claims or suits ends when j the to limit of their CONDITION 3. liability has been exhausted pursuant '
j Subject to INSURING AGREEMENT IV. the companies shall pay,
! with respect to any claim or suit they defend. the costs
+
I incurred in the defense, including (1) costs taxed against the insured in any such suit and interest on any judgment therein:
(2) premiums on appeal bonds 1 attachments in any such suit. and bonds to release to apply for or furnish such bondsbut without obligation 4
b s
4.- . _ . . . , . , ~ . . . . _ . , . -
Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIA'!10N -
AMENDATORY ENDORSEMENT f i
i It is agreed that Item 1 of the Declarations " Named Insured" as amended by Endorsement Nos. 6,12 and 22 is further amended to read:
Named Insured: Texas Utilities Electric Company. Texas '
Municipal Power Agency Tex-La Electric Cooperative of Texas Inc.
Th6 is to (ertify that this is n true co;rs of the origmal '
Endorsenn nt hwin3 he t endotsemcn nutuber and beirig made part' if the NmA < r Enenw Lub.hty he (Facikty Form) as des-ri b.ane id hereunder.
.S .No Mw i -
,..n w maa-o We Pm entUnderunung smi nt .u r,a .m t acn Effsetive Date of this Endorsement Decomher ??; loRR To form a part of Policy No NF 97d l 12:01 A.H. Standard Time Texas Utilities Electric Company. Texas Municipal Power Agency, and Issued to Tar-l a Floctric Ennnerativo nf Tovac. Ine -
l Date of Issue February 14. 1000 ' '
l By I PRESIDENT Endorsement No 29 Countersigned by /ktd b
1 i
Nuclear Energy Watdlity insurance l NUCLEAR ENERGY UABluTY INSURANCE A880 CIA'I10N I 1
1 AMENDATORY ENDORSEMENT It is agreed that Item 1 of the Declarations. " Named Insured" as !
amended by Endorsement Nos. 6, 12, 22. and 29 is further amended to read: '
Named Insured: Texas Utilities Electric Company. Texas ,
Municipal Power Agency i t
i l
l l >
This is to certdy that Ihts is a true copy of the original Endorsement having tho endor:ument number and being made part !
of the Nudcai Etupy law!ity Pob< (Facility Form) as des-ipn d han on. No uin we is af ded hereunder.
.S .
John' Quannuhi. V < iwsutent u i hnx..in Nucim hauma Effective Date of this Endorsement January 31. 1000 To form a part of Policy No NF-274 12:01 A.M. Standard Time l Issued to Texas Utilities E1petric cnmnany and Teran Municinal Pnwor Anencv '
D:te of Issue February 14. 1990 # * * ***' "8 * "E*" '
. 3Y-- I Endorsement No 30 countersigned by 7e //
Nucl:ar En:rgy Liability Insurance !
NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDATORY ENDORSENENT l
It is agreed that:
(Facility Form) .
- 1. INSURING AGREEMENT I is replaced by the following I COVERAGE A - LIABILITY '
To pay on behalf of the insured all suas which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage, or as covered ,
environmental cleanup costs because of environmental l '
damage.
This Coverage applies only to bodily injury. .
property damage or environmental damage caused during the policy period by the nuclear energy hazard, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period. l The companies shall have the right and duty to defend any claim or suit against the insured alleging such injury or !
damage. and seeking damages or costs which are payable under the terms of this policy: but the companies may make such investigation, negotiation and settlement of the claim or suit as they deem expedient.
' The companies' duty to defend shall be limited, as described in INSURING AGREEMENT IV. if the claim or suit also seeks any of the following. which in no event shall be construed as covered by this policy:
(1) damages for on-site property damages (2) recovery of on-ette cleanup costs or any other cleanup costs: costs except covered environmental cleanup '
(3) performance of an insured's environmental protection ;
(4) obligations or on-site cleanup obligations or any other relief covered damages oror recovery except payment of i
covered costs. environmental cleanup The the companies ' duty to defend claims or suits ends when limit of their liability has been exhausted pursuant to CONDITION 3.
Subject to INSURING AGREEMENT IV, the companias shall pay.
with respect to any claim or suit they defend, the costs incurred in the defense, including (1) costs taxed against the insured in any such suit and l interest on any judgment therein (2) premiums on appeal bonds and bonds to release attachments to apply for orinfurnish any such suchsuit, bonds: but without obligation
" (3) roconnable expenses, other than loss of earnings.
incurred by the insured at the companies' request.
COVERACE THE FACILITYB - DAMAGE To PROPERTY OF AN INSURED AWAY FRON {
s With respect to property damage caused during the policy )
period by the nuclear energy hazard to the property of an '
insured which is away from the facility, to pay to such '
insuredobligated legally those suas to pay which such insured as covered would damages have been therefor, had such property belonged to another. i COVERAGE C - SURROGATION - 0FF8ITE EMPLOYEES With respect to bodily injury caused during the policy
- period by the nuclear energy hazard to any employee of an .
! insured, and which is discovered and for which written .
claim is made against the insured, not later than ten (10) years after the end of the policy period, to pay to the .
workmen's compensation carrier of such insured as follows:
All recover sums which such carrier would have been entitled ' to and retain as damages from another person- or organization, had such person or organization alone been legally responsible for such bodily -injury, by reason of the benefits rights acquired by subrogation by the payment of the ,
required of such carrier under the . applicable workmen's compensation or occupational disease law. An
( employer who is a duly qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this coverage.
This coverage does not apply to bodily injury to any person who is employed at and in connection with the facility: nor shall it constitute workmen's compensation insurance as required under the laws of any state.
2.
INSURING AGREEMENT II is replaced by the following:
II DEFINITION OF INSURED The unqualified word " insured" includes (a) i insured and (b) any other person or organization the named with respect to his-legal responsibility for covered damages or covered environmental cleanup costs because of bodily injury, the nuclear property damage energy hazard. or environmental damage caused by Subdivision (b) above does not include as an insured the United the Tennessee States Valley of America Authority. or any of its agencies, except l
Subject to CONDITION 3 and the other provisions of this policy, the insurance applies separately to each insured against whom claim is made or suit is brought.
2 l
.~ _ _ _ _ _ _ , _. _ _ _ _ . _ _ _ _ . . _ _ . - _
- 3. INSURING AGREEMENT III is replaced by the followings l
III DEFINITIONS Wherever used in this policy: !
\
" bodily injury" means bodily injury, sickness or disease. I including death resulting therefrom, sustained by any person. ,
" covered damages" means damages because of bodily injury i
or property damage to which this policy applies but covered damages do not include environmental cleanup costs (
or on-site cleanup costs.
" covered environmental cleanup costs" means only those environmental for monitoring cleanup costs which are incurred directly ;
containing testing for, cleaning up, neutralizing or environmental t
damage as the result of an t extraordinary nuclear occurrence or a' transportation incidents but covered environmental cleanup costs do not include on-site cleanup costs.
- t
" disposal site" means any structure, basin. excavation.
! premises or place prepared as a dump or site for the l disposal of waste materials of a general nature, but which may t
l also be used for the disposal of waste materials containing small' amounts of nuclear material.
" environment" includes land, the atmosphere, '
watercourses. bodies and all of water whether on. above or below the surface of the ground. and natural . resources. ,
" environmental cleanup costs" include all loss, cost or !
expense arising out of any governmental decree, ordor or directive action at (other than an award of covered damages in an law) requiring or requesting a person or i organization to undertake or pay for monitoring, testing '
i for, cleaning up. neutralizing or containing contamination
! of the or below environment.
the surfacewhether of the ground. the contamination is on. above ;
" environmental ment by nuclear damage" material. means contamination of the environ-
" environmental protection obligations" include obligations of any person or organization all (1) relating to the protection of the environment from contamination or imminent danger of contamination, and i.
(2) imposed by any governmental laws. regulations or '
ordinances.
" extraordinary nuclear occurrence" means an event which the United States Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as 3
4
,, - - , , . . - - , - . _ _ . , _ . . - . -. - , _ _ . _ _ , _, ...._..,_,-.___m-. , , - . - . - , . . - . -
._ .._. _ _ _ _ _ _ _ __ _ _ _ ~ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
l l dofined in th3 Atomic Energy Act of 1954 or in any law amendatory thereof.
" governmental" refers to federal, f state and local governments and authorities, including courts, agencies ,
and political subdivisions thereof. !
" indemnified nuclear facility" means (1) "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear .
Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters, or (2) any other nuclear facility.
i !
if financial protection is required pursuant to l Atomic Energy Act of 1954 the !
or any law amendatory thereof.
j with thereat.
respect to any activities or operations conducted
" insured shipment" means. a shipment of source material, special nuclear material, spent fuel, waste. or tailings r or wastes produced by the extraction or concentration of '
uranium or thorium from any ore processed' primarily for i
its source material content, herein called " material."
(1) to the facility from any indemnified nuclear facility,location but only if the except an transportation of the material is not by predeter-mination to be interrupted by material from a transporting conveyance removal of the 3 for any purpose tation, or other than the continuation of its transpor-(2) from the facility to any other location, but only until the material conveyance is removed from a . transporting for any purpose other than continuation of its transportation. the
" nuclear energy explosive hazard" means the radioactive, toxic.
or other hazardous properties of nuclear material, but only if (1) the nuclear material is at the facility or has been discharged or dispersed therefrom without intent to relinquish possession or custody thereof to any other person or organization, or (2) the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a) the territorial America, limits of the its territories United States of or possessions, or Puerto Ricos or (b) international waters or airspace, provided that i the nuclear material is in the course of transportation between two points located within 4
l l
t
. , - v -
v-4 -. - - - - . --.,v. _ . . .-. - . , - ,.-...-.v,- -....-.-.,--..e. . . - . . . . >
I I tho there territerial is no deviation in the limits described in (a) above and
, course of the !
transportation for the purpose of going to any other !
country, state or nation, except for the purpose of going to or returning from a i as the result of an emergency. port or place of refuge
{
" nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by l
' Nuclear Energy Liability Insurance Association or Mutual ,
Atomic Energy Liability Underwriters. The term " nuclear i facility" also means i l (1) any nuclear reactor.
(2) any equipment or device designed or used for l (a) separating the isotopes of uranium or plutonium. ,
(b) processing or utilizing spent fuel, or (c) handling, processing or packaging waste.
l (3) any equipment- or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where a
such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium l
233 or any combination thereof, or more than 250 grams of uranium 235 (4) any structure, basin, excavation. premises or place i prepared or used for the storage or disposal of waste.
i and includes the site on which any of the foregoing is located. all operations conducted on such site and all premises used for such operations.
" nuclearor material material" byproduct means source material, special nuclear material.
- " nuclear reactor" sustain means any apparatus designed or used to nuclear fission or a self-sustaining chain reaction or to contain a critical mass of fissionable material.
4 "on-site cleanup costs" include all loss.
i arising out of on-site cleanup obligations. cost or expense "on-site cleanup obligations" include all obligations of any person or organization,
, imposed by common law or otherwise, to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination
- by nuclear material at the facility, whether the material
- is on, above or below the surface of the ground.
"on-site any property property at the damage" facilityincludes all property damage to whether the property is on.
i above or below the surface of the ground, other than i
aircraft, watercraft or vehicles licensed for highway use.
)
l
]
..~-,_.. , - , . - . - , - - - - - , - , -
i provic d cuch circroft, watercraft or vehicles are not
- used in connection with the operation of the facility. l
" property damage" means physical injury to or destruction '
i or radioactive contamination of property, and loss of use of property so injured, destroyed or contaminated, and ,
loss use of use of property while evacuated or withdrawn from '
l because possibly so contaminated or because of l imminent danger of contamination. ,
" source material," "special- nuclear material " and
" byproduct material" have the meanings given them in the Atomic i
Energy Act of 1954, or in any law amendatory l thereof.
" spent fuel" solid or means any fuel element or fuel component, liquid, which has been used or exposed to radiation in any nuclear reactor. ;
"the facility" means the facility described in the -
declarations 3
and includes the location designated in Item of the such location.
declarations and all property and operations at !
" transportation incident" means. a discharge or dispersal of nuclear material from an insured shipment caused by collision or accident that upset breaks of the open, transporting conveyance, or an punctures or ruptures shipping containers or containment thereon but only the if both the discharge or dispersal and the collision, upset or accident take place away from any nuclear facility and away from any disposal site, and both occur in the course 1 1
of the transportation, storage incidental thereto. including handlir.3 and temporary l i
i i " waste" means any waste material I (1) containing byproduct material and l
(2) resulting from the operation by any person or j organization of any nuclear facility included within the definition of nuclear facility under paragraph (1) or (2) thereof.
4.
INSURING AGREEMENT IV is replaced by the following and INSURING AGREEMENT IV-A added by the " Amendment of Coverage to continues Endorromentapply: for Workers Claims (Facility Form)"
\
{ i IV LIMITED DEFENSE OF PARTIALLY COVERED CLAIMS OR SUITS I The following provisions apply with respect to any partially covered claim or suit for which the companies' duty to defend has been limited by INSURING AGREEMENT I: !
(1) The companies will defend the claim or suit unless l
the companies and the first named insured mutually agree on a different defense arrangement. By making 6 i i
1
_ , . _ , . . , _ , , . . . . _ . . _ , - ___ . _ - , _ - . . _ . ~ , , . _ , _ . , , . . . _ . _.--.____.___.m_._
_ _ . . _ _ _ ,,._m_,_...,m. , . . , .
Ouch o dofense, the companies shall not be considered as having deny waived payment or reimbursement their rights under of thethis policy to covered. items not (2) As soon as practicable, the first named insured, acting on behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for (3) handling The the defense and sharing the costs thereof.
companies' exceed the portion share of defense of the costscasts total defense shallthat not '
represents the costs which would be reasor. ably and necessarily incurred in the defense of the claim or suit in the absence of any claim or demand for the items not covered.
(4) The companies shall have a right to contribution from the first named insured for all defense costs as they are incurred companies' share, in excess of the amount of the including reimbursement by the first named the companies. insured of all such excess costs paid by (5) If the companies and the first named insured cannot agree on the companies' share of defense costs, the dispute shall be submitted, as a condition precedent to any right of recovery on this policy, to arbitra-tion for a final in Condition 19.and binding resolution, as provided
- 5. In EXCLUSIONS policy relating (d) thereto, and (e), and in all endorsements to this the words " bodily injury or property damage" are replaced b damage or environmental damage."y " bodily injury, property 6.
EXCLUSION (f) is replaced by the'fo11owing exclusion
[This policy does not apply:]
(f) to on-site property damage:
- 7. In CONDITION 3, and in all . endorsements to this policy modifying the dollar amount of the limit of liability stated in Item 4 of the declarations, the words " bodily injury or property damage" are replaced by " bodily injury, property damage or environmental damage."
- 8. In CONDITION 4, modifying the and inamount dollar all endorsements of the totalto this policy l aggregate liability occurrence: of the companies with respect to a common (a) the words " bodily injury or replaced by " bodily injury, property propertydamage" damage are environmental damage": and or (b) the wordsby replaced " bodily injury and property damage" are
" bodily injury, property damage and environmental damage."
7
)
- 9. In CONDITIONS 5 11 this policy property damage"relating thereto, are replaced b the words " bodily injury or15 ond damage or environmental damage."y abodily injury, property 10.
CONDITION 19. DECLARATIONS. is renumbered CONDITION 2,0.
11.
The fc11owing CONDITION is added to the policy 1 19 ARBITRATION OF DISPUTES OF INSURING AGREEMENT IV RELATING TO THE APPLICATION All such disputes subject to paragraph (5) of INSURING AGREENENTforIVa shall (the " Board")
dispute.
be submitted final and to a Board binding resolution of theof Arbitration There insured, named shall be two parties to the arbitration the first duly authorized acting on behalf of all insureds as their representative, and Nuclear Liability Insurance Association, acting on behalf Energy of the companies as their duly authorized representative.
Except to the extent the parties mutually agree otherwise, the following principles will apply -
(a)
The arbitration will take place in New York. New York, of NewandYork.will be governed by the laws of the State (b) giving intentionnotice to do to the other party in writing its ofEither p that it has appointed. so and the name of the arbitrator (c)
The other party shall then appoint in writing an arbitrator and the arbitrators shall appoint in (d) The umpire If a party fails shall to name act as chairman of the Boardwri thirty (30) days of the its arbitrator within request that it do so, the other party's written (e) appoint If the an arbitrator for the party in default. may requesting party two arbitrators fail to agree selection of an umpire within thirty (30) daysonafter the l they have name two. both been appointed, each of them shall ;
(f) choice shall be made by drawing lots.of whomThe The the other shall de i
arbitrators and umpire officers shall be executive companies or licensed former executive officers of insurance to do business States or of organizations designated in the United as the first issued by named insured under Energy Nuclear a Nuclear Energy Liability Policy Association or Nutual Atomic Liability Insurance Underwriters Energy Liability <
the following provided that shall not be the current employees of without the consent of both parties: eligible for service I
1 l
'I I
(1) any party claim or suits or likely party to the underlying i (2) American Nuclear Insurers, MAERP Reinsurance Association or their members or ,
(3) any other insurer or reinsurer which has casualty insurance or reinsurance in force on !
any of the foregoing which may be materially affected by the Board's decision.
i i (g) Within thirty (30) days after the appointment of the i
i umpire, each party shall submit its case in writing to the Board.
(h) The Board shall determine its rules of procedure, and t
the nature and extent of any discovery, testimony, !
l examination oral argumentor permitted.cross-examination of witnesses and i l The decision of any two l members all parties.
of the Board shall be final and binding on All discovery, submissions of evidence, i
- hearing of witnesses within sixty (60) days of the appointment of the and argument shall be completed .
i l umpire, provided the Board may grant one extension of i thirty (30) days.
(1) The arbitrators and the umpire are not to.be bound by i
any strict rules of legal procedure, evidence' or
{ 1egal precedents.
- They shall, however, be governed by the terms of this policy, and'shall have no power to add to or change its provisions. Subject to this i admonition, they shall interpret
- the relevant i
provisions of agreement, and shall this policy as an honorable business ,
l be entitled to decide, in
- accordance with such provisions together . with the other materials submitted to them, what they think is the fair parties and right thing to be done between the from a business point of view, without i
(j) favoring the interest of either party.
i The thirty Board shall make its award in writing within (30) days after the close of the period, including any extension granted, I
paragraph (h) above. described in
! (k)
{ If the Board prescribed byfails.to paragraph make an award within the time j
extension is agreed (j) above, then unless an
- to by the parties, a new j
arbitration shall be commenced and completed in ,
accordance (a) through (j) above.procedure set . out in paragraphs with the (1) The award of the Board signed by any two members shall be final, not subject to appeal and binding on all policy parties, and allincluding insureds all insurers subscribing the thereunder.
4 The award shall be treated as a matter involving interstate commerce, and may be competent jurisdiction, filed or confirmed in any court of
- state or federal, and j Judgment thereon entered 'and enforced, in accordance with the law and practice of the forum.
i 9
l t
. . - _._, _ , . _ _....,m.._.____ _ _ , _ _ _ . _ . . . _ . , , . . _ _ . _ , , . _ _ . , . . _ _ . - , _ . _
i i
(m) Unless the Board decides otherwise, each party shall i pay the expenses of the arbitrator appointed by or for it and i one half of the other costs of arbitration. .
(n) If an arbitrator or umpire is unable or unwilling to !
- e act, a new arbitrator or umpire, as the case may be.
shall be appointed to act in his or her place, in accordance with the provisions set forth above. '
(o) All materials relevant to the arbitration shall be C submitted to the Board in triplicate and the filing i party shall send simultaneously a copy thereof to the '
opposing party.
- 12. This endorsement applies to all claims for damages, costs, '
i expenses or other relief or recovery for which coverage is i sought under this policy, and which are first made in writing against any insured on or after the effective date ~
of this endorsement stated below.
?
i l
.i Thb is to certify that this is a true conv of the original Endorsement h3v:ng the endorsemont nuinber and being made part !
of the Nudear Enern Unbihty Police (Facihty Form) as des-im 9 d Lacan. No inuunnce is af ded hereunder.
,ln y.$..
Ane , Nu&,n ImuE n '
W i
10 Effective Date of j this Endorsement Fahruarv R. Igon To form a part of Policy No NF-274 12:01 A.M. Standard Time Issu:d to Tovat Utilities Electric comnanv and Texas Municinal Power Aaency
). Date of Issue February 14. 1990 For the su ribing panies By T '
M ~ -
PRESIDENT
! Endarsement No 11 Countersigned by . N##
iE-71 (1/1/90) 1
- . . . . - . , . - ,+ -
Nuclear Energy LlatdUty insurance I NUCLEAR ENERGY LIADILITY INSURANCE ASSOCIATION '
t
. INCREASE OF LIMIT OF Lit.BILITY ENDORSEMENT I i It is agreed that !
L I
- 1. The limit of liability stated in Item 4 of the declarations of the policy !
is amended to read ljf,L000.000.00 .
? !
This amended limit applies with respect to obligations assumed or expenses !
incurred because of bodily injury, property damage or environmental damage L caused, during the period from the effective date of this endorsement to i the date of termination of the policy, by the nuclear energy hazard. l
! 2.
The limit of Itability stated in item 4 of the declarations and the amended (
limit of liability stated in paragraph 1 above shall not be cumulative, and ;
each payment made by the companies after the effective date of this '
endorsement for any loss or expense covered by the policy shall reduce by i 1
the amount of such payment both the limit of liability staied in item 4 of j i
the declarations and the amended limit of liability stated in paragraph 1 .
j above, regardless of which limit of liability applies with respect to the '
bodily injury, property damage or environmental damage out of which such i
loss or expense arises. !
1 I
1
! t 4
t Tint in to (c:te their rh6 v. a tme enry of the on;im! '
1:nd..n.c nnt hm irm the enclorwns nt nun,1.cr and tnna made put of6 Nmic ; ir4 tq, I uh% h,!n Fm 24 Form) as des !
I i/U i ts r.m R D .ui n. d d he'eunder.
j m .T
. m , ,a.m.unw i hm.n nn N.n k e im mer s #
3
.I l
Effective Date of this Endorsement F.hrnarv A. 100n 12:01 A.M. Standard Time To form a part of Policy No yF M4 i
Issued to Terat Ut414 time riertrie enmnanv anet Terat Municinal Power Aaenev Date of Issue Fabruary 14. 100n *
- I# #
By t e r.ee.,no n co. e, sic ed ,, N 2 A
C'iechar Energy Wability inswance i
NUCLEAR ENERGY MANUTY INSURACCE ASSOCIAT1ON :
I i
ADVANCE PREM!UM AND STANDARD PREM!UM ENDORSEMENT i t
CALENDAR YEAR 1990 t r
l !
I It is agreed that Items 1 and 2 of Endorsement No. 28
{
j are amended to read: [
t
- 1. ADVANCE PREMlUM: It is agreed that the Advance (
l Premium due the companies for the period designated above 4 :
is: $ 350.525.03 .
i r
I !
4 i
- 2. STANDARD PREMlUM AND RESERVE PREMlUM: In the absence of
]
- a change in the Advance Premium indicated above, it is agreed i
j that, subject to the provisions of the Industry Credit Rating i
i Plan, the Standard Premium is said Advance Premium and the !
I I Reserve Premium is: $264.073.51 ;
}
i b f
Thib E to (citify that this s e true copy of the onginn)
I ndon.cment hmns the endorsernent number and being made pan i (J the Nowa. Enetsv 1.iaNhtv Pdicy 'Facihty Fcirrn) as des. '
ticiod hereas No ine.urcina s d c.d hereunden >
ki +
.A FWWA ~
S.-a m,,7 %
An.co. Numm s. o,m Effective Date of l this Endorsement rmbruary R. 1000 To form a part of Policy No Nr.27d J 12:01 A.M. standard Time !
l Issued to Terat Utilities _ Electric Comnany and Texas Municinal Power Aaenev !
)
Date of Issue February 14. 1990 For the Subs (ribing Companies !
1 By PRESIDENT )
Endttsement No 33 Countersigned by - hM?d #///. ,J/2/
i l NE-36 !
F .
2 NUCLEAR ENERGY LIABILITY INSURANCE AS$0CIATION TH:S l$ TO ClRTiFY THAT THIS is A TRui COTT OF THE ORIGINAL Cl)WCATL CEARtNG THE NUMBER DiSichATLD Hiki04, f-OR INb W.Ni E COVEN 6F UNDCR THE M A51t P % ICY. NUCLEAR E NER3Y Certificate No. N 90
~
t WL ) WSURA4LE ttf COfvDA.RY fiNA' iAL PROTECTION). N3 1%UR CE IS Aff 0RDgY 'p{g - forming Part of Master JOHA IT!7,Chl' ' ' 'h V6CE PR ENT LIABILITY UNDERWRITANG I0liCF N0* I AMERICAN NUCLEAR INSURf RS CERTiricATE Or INSURANCE DECLARATIONS AND BOND TOR PAYMENT Of RETROSPECTIVE PREM!UMS Certificate of Insurance This is to certify that the persons and organizations designated in Item 1 of the Declarations are named insureds under the Master Policy I Huclear Energy Liability Insurance (Secondary financial Protection),herein called the
- Master Policy", issued by Nuclear Energy Liability Insurance Associetion.
Such insurance as is provided by the Master Policy applies, through this certificate, only:
(a) to the insureds identified in Items 1 and 2 of the Declarations.
(b) for the certificate period stated in Item 6 of the Declarations, (c) to bodily injury or property damace (1) with respect to which the primary financial protect on i described in Item 4 of the Declarations would apply but for exhaustion of its limit of liability as desc.-, bed in Condition 6 of the Master Policy, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of Or in connection with the nuclear reactor described in item 3 of the Declarations, and N5fC-1 (1/1 83) Pane 1
r- t w~ o (3) which is discovered and for which written claim is made against the insured not later than ten years after the end of the certificate period stated in Item 6 of the Declarations.
However, with respect to bodily injury or property dadoe caused by an extraordinary nuclear occurrence this subparagraph (3) shall not operate to bar coverage for bodily injury or property damace which is discovered and for which written claim is made against the insured not later than twenty years af ter the date of the extraordinary nuclear occurrence.
Declarations
- Item 1. Named insureds rnd addresses
- ,
(a) Texas Utilities Generating Company, 2001 Bryan Tower, Dallas. .
TX 75201 (b) Dallas Power & Light Company,1506 Commerce Street, Dallas, TX 75201 (c) Texas Electric Service Company,115 West Seventh Street, Tort Worth.
TX 76101 -
(d) Texas Power & Light Company,1511 Bryan Street, Dallas, TX 75201
TX 75961 (h) Texas Utilities Electric Company,2001 Bryt.n Tower. Dallas, TX 75201
- (e) Texas Municipal Power Agency P.O. Box 7000, Bryan, TX. 77805 Page 2 of Certificate .No.11- 90
Item 2. Additional insureds:
Any other person or organization who would be insured under the primary financial protection identified in Item 4 of the Declarations but for exhaustion of the limit of liability of such primary financial protection.
Item 3. Description and location of nuclear reactor: Unit 1 of the Comanche Pea;t Steam Electric Station located in Somervell, Texas.
Item 4. (a) Identification of primary financial protection applicable to the nuclear reactor and limit (s) of liability thereof: >
Nuclear Energy liability Insurance Association's Policy NF* 274 $124,000,000 Mutual Atomic Energy Liability Underwriters' Policy Mr. $ 36.000,000 (b) The following endorsements, attached to the primary financial protection policies listed in Item 4 (a) also l apply to the insurance afforded by the Master Policy through this certificate as though they were attached hereto:
(1) Waiver of Defenses Endorsement (Extraordinary Nuclear i
l Occurrence)and l (2) Supplementary Endorsement Waiver of Defenses - Reactor Construction at the Facility.
Page 3 of Certificate flo. fi ' 90 t
! . ; ! ,7 >
l
[ (b) leie f ollowing.uidorsements. attnhed to tile primgry, i fina,ncial protection policies: listed in Item 4 (a) also
apply to.the inturance afforded by the Master Policy through this certificate as though they were attached hereto:
(1): Waiver of Defenses Endorsement (Cxtraordinary Nuclear Occurrence) and
- 4
- 2) Supplementary Indorsement - Waiver of Defenses ' Reactor Construction at,the facility ' ,
(c) The limits'of liability provided under the primary financial 1
protection specified in Item 4 (a) above are not shared with ;
+
. i any other reactor except as follows: :
l 1
Item 5. Limits of Liability: The amount of retrospective premium actually received by the companies plus'the amount of the companies' con '
tingent liability, if any, pursuant to Conditions 2, 3 and 4 of the ,
Master Policy.
. .i Item 6. Certificate Period: Beginning at the.same time 'and date that the 1
, Facility Operating License issued by the United States Nuclear.
Regulatory Commission for the reactor described in Item 3 of this certificate becomes effective and continuing to the effective date and time of cancellation or termination of the' Master Policy or .this 1 certificate, whichever first occurs, eastern standard time.
Item 7. Maximum retrospective premium (exclusive of. allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with' -
respect to each nuclear incident: $3.875.000. H ltem 8. Portion of the annual premium payable for. the companies' contingent .,
\
liability described in Condition 4 of the Master Policy from the' H H
ef fective date hereof to the end of calendar year 1983 : The l pro rata portion of $4.650 for the period from the ef fective date of .
this certificate to the end of the calendar year during which such 9 t
effective date occurs.
.n.n. a n e 'c ., . a r o . , . . u w ' . . 'sn :
,t
- J BOND TOR PAYMENT Of RETROSPECTIVE PREMleMS Enow All Men Dy These Presents, that the undersigned da hereby acknowledge that they are named insureds under the Master Policy described in the above Certificate of Insurance and Declarations. The named insureds do hereby covenant with and are held and are firmly bound to the members of Nuclear Energy Liability Insurance Association subscribing the Master Policy (hereinaf ter called the " companies") to pay to the companies all .
retrospective premiums and allowances for premium taxes which shall become due and payable in accordance with the Master Policy, as it may be changed from time to time, with interest on such premiums and allowances for taxes to be computed at the rate provided in the Master Policy from the date pay-rent thereof is specified to be due the companies in written notice to the first named insured as provided in Condition 2 of the Master Policy until paid; And it is hereby expressly agreed that copies of written notices of retro-I spective 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 comparies 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 insureets will inde nify the companies against any and all liability, losses and expenses of whatsoever kind 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 and (2) in enforcing any of the covenants or provisions of this Bond, or any provisions of the Master Policy relating to such covenants or provisions; For the purpose of recording this agreement, a photocopy acknowledged before a Notary Public to be a true copy hereof shall be regarded as an original.
Page S of Certificate No, N.90
4 The preceding Certificate of Inturance. Declarations and I',hnd form a part of the liaster Policy. Cancellation or termination of the t'atter Policy or the Certificate of Insurance shall not affect the named insured's otaligations under the policy or the Bond to pay the retrospective premiums and allowances for premium taxes, as provided in this Certificate and Condition 2 of the Master Policy.
!!i WITNESS WHERE0f. the named insureds have caused this Certificate, these Declarations and this Bond for payment of Retrospective Premiums. to be signed and sealed by a duly authorized officer, to be effective as of the time and date of the inception of the Certificate period.
Attest or Witness fiamed Insureds:
Texas Utilities Generating Company (fiamed Insured - Type or Print)
_,[, c Ad $ r.,, b I'* By_ '
(SEAL)
S 4 -' al s M d n (Sign 'ure of Off cer)
LL Gmy 4%UA.L (Type or Print 11ame 3 Title of Offic Date: . $p-/0-/9fy Dallas Power &_ Licht Company (liamed Insured - Type or Print)
By Sug/u.
4 'A . (Signature of Officer)
D* (SEAL) g .
.Mhx. M. NgEE) a .- dice. fm (Type or Prin its e & Title of Officer)
Date: ,
4 85
..lfMillRCitiG.$ttyjc..e Cpmnan.y _,
(fl. "yd Inst e ! ./ ~ype or Print) fC.;- .w=3( 2 :C- UY . _ _ . b _(SEAL)
.L er .fa'/ g ($ gnature of Chcer)
%.i MY_L.OR - \lLCL _RKS.
. (Type or print flame & Title of Officer)
Date: _b,f_2.]_$
n 4
Attest or Witness Named Insureds:
.I.e.yJL t. Power A Light Comnany (N d Insu d - Type or Print) f I, b i / By -A (SEAL) it**!TARf (signatureofOfficer) f' LEcN lcQEuts$ -\(cs (p$,.
(Type or Print Name & Title of Officer)
Date: *M-Y3 Texas Municipal Power Agency (Named Insured - Type or Print) v, h/ v %'? (?b'hd By d h d yff $ (SCAL)
(signatureofOfficer) 8h4*bt W urrd we- GTro.r
~ (Type or Print Name & Title of Officer)
Date: f eM**-f3 n r n n e. r1retric Pnwor ennnorntive. Inc.
(Na. d Insured - Type or Print
.- f .__.
d By dl '
/ (SEAL)
O c. . .- *-b# (Signature of Officer) 2id , ~t E./4 C n L,tt c, +c v;c a p% , ,
(Type or Print Name & Title of Officer)
Date: s B B
.t Tex-La Electric Cooperative of Texas. Inc.
- (Named' insured - Type or Print)
..//Ig.'2'f M / <.
By - 4 (SEAL)
. / (Sigj(atureofOfficer)
/
J. D. Nichols. President (Type or Print Name & Title of Officer)
Date: 7/7/83 Page 7_of Certificate No.N.- 90
Attett or ilitness t:amed Insureds:
Tea 6 -Lk44 6tWA1+c4f +e Gemy (tiamed Intured . Type or Print) gy [ g.Myym,-,3 tat)
(SighatureofOffIMr)
(Typ P int ti .ne of Officer) ,
Date -.b1 - _ d . . %~
0 Texas Utilities Electric Cotnpany ;
/7 ( med Intu TypeorPrint)
)
/Nu /$ 6.w d d '- By _
1, ,m J5EAL)
(SignatureofOfficer)
{
E. A. Nye, Executive Vice Presider.-
_ (Type or Print fiame & Title of Officer) i Date: nm.,-w . 9 _ ion
~ ia (tiamed Insured . Type or Print)
By ,(SEAL)
(Signature of Officer) i (Type or Print fiame & Title of Officer)
Date: ,
1 (liamed Insured - Type or Print) l By (SEAL) i (signature of Officer) !
i (Type or Print I?ame & Title of Officer) '
. Date:
Page 8 of Certificate flo.r . 90
r 1
,'- ' . '? ;
< f, i ,
fs
- f.
IN Wlil;[55 WHLRLUI . the conipanies tulacribing the loa!.ter Policy have causm! the Certificate of Insurance and the Declarations to be sigtied on their behalf t;y the Pref.ident of fiuclear inergy Liability In!.uronce Association to be ef fective as of the time and date of the inception of the Certificate period, and countersigned below by a duly authorized representative.
Attest or Witness for the $ubscribing Companies of NUCLEAR E!4ERGY LIABILITY ll45URAtlCE A$$0CIAT10N
/
- T'g BY : Burt d.' Proom, President
/
Countersigned by ? 4Mv/
T dYi21:d' Hep [fsentative)
Page __,9_ of Certificate llo, ll 90
i
?
i Nuclear Energy Webiuty Insurance NUCLEAR ENEROY UABlWTY INSURANCE ASSOCIA'!10N f 1. Item 1 of the Declarations of the Certificate is deleted and replaced by the following:
Item 1. Named insureds and addresses:
(a) Texas Utilities Electric Company, 2001 Bryan Tower,
! Dallas, TX 75201 (b) Texas Municipal Power Agency P.O. Box 7000, Bryan, TX 77805 1
l i
1 I','}.{ ,1 <
0 '
/ ".
cq cr gt og,yqq l
ca wy ; <
y . .
' l ' , E tEON, F OR i
- g. / ,4, , ' '
ufgg
, L M 8 f N 4)401 EAR ENERGY at ;;;oirc7 tog), No
" D. %y $
JDHN L ;ATTPD;cm VICE FREstENT.vN gasqcg AVERICAN NUCLEAR INsystr;3 Effe,ctive Date of this Endorsement Fehruary R.1990 To form a part of Certificate No. N-90 12:01 A.M. Standard Time Iss:ed to Terat Utilition Electric Cnmnany and Tarat Municinal power Anonev Date of Issue February 14. 1990 For the Su ribing C panies By N *
. M'h PERSIDENT Endarsement No. 1 I Countersigned by %e //
1 l
l Nuclear Enefry Webility Insurance NUCLEAR ENEROY LIABlWTY INSURANCE ASSOCIATION f
i !
SPECIFICATION OF CERTIFICATE EFFECT!YE DATE AND PREM10M ENDORSEMENT I i >
I i
It is agreed that:
t i
' 1. The United States Nuclear Regulatory Comission has issued to the insureds named in Item 1 of the Declarations Operating 1.icense {
i No. NPF-28 effective February 8.1990 for the I reactor described in item 3 of the Declarations of the Certificate. [
! 2. Item 6 of the Declarations of the Certificate is deleted and replaced by the following: l v
item 6. h Certificate Period: Beginning February 8,1990 , i and continuing to the effectivedate and time of cancellation i
! or termination of the Master Policy or this Certificate, j whichever first occurs, eastern standard time. !
i 3.
Item 8 of the Declarations of the Certificate is deleted and i j replaced by the following: i Item 8. !
Portion of the annual premium payable for the companies' i contingent liability described in Condition 4 of the Master Policy from the effective date hereof to the end ,
of calendar year 1990 : $ 5.208 .
- s e to- u-r q: !i t.+
CR ~ t r W COPY or THE ORIGINAt.
, N ;' "ED HU104 fOR
- INR M N2 / '
N 1 U w t.. Y & , ", c; w ,v ; 4/ S'm a POUCY NUCLEAR ENERGY ogggt- -r- rre
. 3* A ffiDTECTION). N0 i l
JDHNL U/.TTh0CChi '
YlCE PRESCENT-UNDEiWF.lLN3 i
At/ERICAN NUCLEAR INSUREh3 Effoctive Date of '
this Endorsement Februarv B. 1990 To form a part of Certificate No. N-90 '
12:01 A.M. Standard Time Issu.d to Terat Utilitiet Electric Cnmnany and Terat Municinal Power Aaenev Date of Issue February 14. 1990 For the Subscribing Co panies I y .
By h } %
PRESIDENT t
Endorsement No. ? Countersigned by A/l
/Ag///, 4 s i
[
f
Nuclear EnerTy Liabluty insurance -
NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N.90 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)
Effective February B. 1990 , it is agreed that Item 4 of the Certificate is emended to read as follows:
Item 4. (a) Identification of primary financial protection applicable to the nuclear reactor and limit (s) of 11abWthereof:
(1) Facility Fom Policies (i) Nuclear Energy Liability Insurance Association's Policy NF-274 $155,000,000 (ii) Mutual Atomic Energy Liability. Underwriter's Policy MF-131 $ 45,000,000 (2) Master Worker Policies (Facility Worker Fom)
(i) Nuclear Energy Liability Insurance Association's Master Worker Policy NMWP-1 $155,000,000 (ii) Mutual Atomic Energy Liability Underwriter's Master Worker Policy MMWP-1 5 45,000,000 (b) The following endorsements attached to the Facility Form policies identified in subsection (a)(1) above also apply to the insurance afforded by this Master Pol. icy through this Certificate as though they were attached hereto:
(1) Waiver of Defenses Endorsement (Extraordinary Nuclear Occurrence)and ,
(2) Supplementary Endorsement -
Waiver of Defenses -
Reactor Construction at the Facility.
(c) Sharing financialofprotection.
limit (s) of liability provided under the primary (1) The limit of liability provided under each Facility Form policy identified in subsection (a)(1) above is shared among all nuclear reactors on the location described in Item 3 of the Declarations of such policy.
NE-S-10 (1/1/88) Page 1 of 2
q ..
r*
i (2) The limit of liability provided under each Master Worker Policy (Facility Worker Form) identified in subsection (a)(2) above is shared among all insureds under all Certificates of Insurance issued to be a part of the Haster Worker Policies.
I i
i i
THIS IS TO CfJ.UY THAT T91S it A T.TE COPY Of TFE OR.GINAL, CERTmCATE, DEAN;NG H:E fl."/W.R DES!GNATED HEREON, FOR INSURANCE COVEPAGE UNDl3 THE ID:Of A P0liCY-NUCLEAR ENFtGY L.!ABIL ~Y INGUrJNT.E FAON'FMV RN/ mal. PP.QTECTION). NO INSURA CE g ';le 'O~g h s p JOHN L UATIROCCHI VICE PRES: DENT UNCERV.RIT.N3 AMERICAN NUCLEA9 INSURERS Effective Date of this Endorsement Februarv B.1000
~
To form a part of Certificate No. N-90 12:01 A.M. Standard Time Issued to Terat Utilitiet Electrie Comnany and Texas Municinal Power Aaenev Dato of Issue February 14. 1990 For the Sub ibing Companies
\
s' By N
h#rW _
PERSIDENT Endarsement No. 3 Countersigned by. r d'27#* d!//
NE-S-10(1/1/88)Page2of2