ML20037B489

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Forwards Amend 20 to Indemnity Agreement B-10,reflecting Change in 10CFR140 Re Financial Protection Requirements
ML20037B489
Person / Time
Site: Dresden  Constellation icon.png
Issue date: 08/14/1978
From: Saltzman J
Office of Nuclear Reactor Regulation
To: Poole R
COMMONWEALTH EDISON CO.
References
NUDOCS 8010100494
Download: ML20037B489 (3)


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  • 4 UNITED STATES 4

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-O NUCLEAR REGULATORY COMMISslON ivii::.

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WASHINGTON, D. C. 20555 D

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50-1 l

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50-249

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Commonwealth Edison Company

}]E55 ATTN: Mr. Robert D. Poole g:.-l==

Insurance Administrator t===--

P. O. Box 767 II.E::.

Chicago, Illinois-60690 M5;;?

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Gentlemen:

.. 1 We are enclosing herewith an amendment to your indemnity agreement reflecting a change in 10 CFR Part 140, " Financial Protection Requirements

[ GEE and Indemnity Agreements." The amendment to Part 140, which was effective t.r.1 on August 1,1977, adds a new " Article VIII" to 5 140.92. This article 99=.9 establishes procedures that the Commission would utilize to recover

...= s retrospective premiums paid by the Government on behalf of defaulting

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We would appreciate your indicating your acceptance of the amendment to Di..;.5 your indemnity agreement in the space provided and returning one signed l

copy to the undersigned.

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bY Sincerely, i$

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5 Jerome Saltzman,-Chie Antitrust & Indemni Group

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Nuclear Reactor Regulation

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Enclosure:

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Amendment to Indemnity Agreement fi.:.

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b AMEHDMENT TO INDEMilITY AGREEMENT NO. B-10

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  1. 1ENDMENT NO. 20

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Effective August 1,1977, Indemnity Agreement No. B-10, between Comonwealth

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Edison Company, and the Atomic Energy Comission, dated December 14,

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1961, as amended, is hereby further amended by adding a new Article VIII

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to read as follows:

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" ARTICLE VIII

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"1.

If the licensee fails to pay assessed deferred premiums, the Comission reserves the right to pay those premiums on behalf 1E355 of the licensee and.to recover the amount of such premiums

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The Commission shall require the imediate submission'of i=35 financial statements by those licensees who indicate, after an assessment of the retrospective premium by the insurance

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pools, that they will not pay the assessment. Such financial

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statements shall include, as a minimum, exhibits indicating internally generated funds from operations and accumulated retained earnings.

Subsequent submission of financial statements

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by such licensees may be requested by the Commission,.as f;?n==;

required.

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"3.

If premiums are paid by the Commission as provided in paragraph ss s.. ;!!Ei 1, payment by the Commission shall create a lien in the amount

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paid in favor of the United States upon all property and rights to property, whether real or personal, belonging to

.f~=fi such licensee. The lien shall arise at the time payment is

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made by the Commission and shall continue until the liability Es: =

for the amount (or a judgment against the licensee arising out ssi of such liability) is satisfied or becomes unenforceable. The

=liH EE Commission will issue a certificate of release of any such lien if it finds that the liability for the amount has been fully satisfied or has become legally unenforceable.

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I ont a D-fr us s. aovsanusut enmemo omes. cere -ene-ea4 NRC FORM $18 (9 76) NRCM 0240

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If the Commission determines that the licens2e is financially able to reimburse the Commission for a deferred premium payment a.z made in its behalf, and the licensee, after notice of such determination by the Commission fails to make such reimbursement i= =

within 120 days, the Cosnission will take appropriate steps to suspend the license for 30 days. The Commission may take any s=...

further action as necessary if reimbursement is not made

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within the 30-day suspension period including, but not limited to, termination of the operating license."

FOR THE UNITED STATES NUCLEAR REGULATORY C0 fit 11SSIO!1

.z.g 7sDEROME SQ'T7 VAN Jerome Saltanan, Chief

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Antitrust and Indemnity Group Office of Nuclear Reactor Regulation

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Accepted _

1978

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Distribution:

E Licensee (2)

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,.3 PDR LPDR Docket Files Desk l

Indemnity l

IDinitz Reading g=A jl AIG Reading I

NRR:AIG NRgG IDMt)/cd JSdNman 7/Q78 7/ /78

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'yNRCFORM 318 (9 76) NRCM 0240 W u. s.novenwrnt rniurino orrects so7e -eas-a 4 y

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