ML20064C549
| ML20064C549 | |
| Person / Time | |
|---|---|
| Site: | McGuire  |
| Issue date: | 10/16/1978 |
| From: | House D DUKE POWER CO. |
| To: | Saltzman J Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 7810200115 | |
| Download: ML20064C549 (6) | |
Text
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r, DUIm POWER COMPANY TELEP"0"E'""E^ 788
- r. o. s o x s t r a GENERAL OFFICES 422 south CHURCH STREET CHARLOTTE. N. C. 2S242 October 16, 1978 Mr. Jerome Saltzman s h Deputy Chief Office of Antitrust & Indemnity-
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Nuclear Regulatory Commission
<m Washington, D.
C.
20555
Subject:
McGuire Unit No. 1 Secondary Financial Protection
....-- Binder No. EB-69
Dear Mr. Saltzman:
Enclcsed are two certified copies of the captioned binder for your files.
Should you have any questions concerning this matter, please advise.
Sincerely, 0
W D.
R. Housa, Manager Insurance
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- BINDER, INCLUDING BINDER NO. EB-69 i
DECLARATIONS AND BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS BINDER The members of Nuclear Energy Liability Insurance Association, hereinafter called the " companies", subscribing this binder, each for itself, severally and not jointly, and in the respective proportions set forth herein, and the insureds named in Item 1 of the Declarations below, agree as follows:
A.
The companies hereby bind insurance to the insureds named in Item 1 of the Declarations in accordance with the provisions of the Draft Master Policy. All rights and obligations of the parties to this binder are set forth in the provisions of the Draft Master Policy, as it may be amended from time to time pursuant to its conditions or paragraph B below.
B.
The term " Draft Master Policy" means the draft of the MASTER POLICY --
NUCLEAR ENERGY LIABILITY POLICY (SECONDARY FINANCIAL PROTECTION) dated June 24, 1977 in the custody of the Nuclear Regulatory Comission, a copy of which is attached hereto, and includes all binders issued by the companies in connection with su::h Draft Master Policy. The Master Policy, as subsequently issued by the companies, shall cancei and replace this binder and the Draft Master Policy effective as of the time and date of the inception of the binder period.
C.
Such insurance as is provided by the Draft Master Policy applies, through this binder, only:
(1) to the insureds identified in Items 1 and 2 of the Declarations
- below, (2) to bodily injury or property damage Th.i is to certify that th.,is a true copy of (a) with respect to which the primary financial protection described in Item 4 below would apply but for exhaustion thi original binder, of its limit of liability and b:aring the number des.
ignated hereon, for in-surance coverage under (b) which is caused during the binder oeriod stated in Item.
8 below by the radioactive, toxic, explosive or other ths DRAFT MASTER POLICY.
NUCLEAR ENERGY LIABILITY hazardous properties of nuclear material and POLICY (Secondazy Fin-which is discovered and for which written claim is made ancial Protection) dated (c) against the insured not later than ten years after the Jun2 24, 1977. No end of such binder period; provided, however, that with insurance is afforded respect to bodily injury or property damage caused by an by cp.
extraordinary nuclear occurrence this subparagraph (c) shall not operate to bar coverage for bodily injury or y
procerty damage which is discovered and for which written claim is made against the insured not later than twenty a
. Bardes, years after the date of the extraordinary nuclear occurrence.
Vic2 Pr i gnt-Liability UndsrwitinghAmerican
- s. Nuclear Insurers
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DECLARATIONS Item 1.
Named insureds and addresses:
(a) Duke Power Company - 422 South Church St., Charlotte, N.C.
28201
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v Item 2.
Additional insureds:
Any other person or organization who would be covered under primary financial protection described in Item 4 of this binder bd for exhaustion of the limit of liability of such primary fina';ial_
protection.
Item 3.
Description and location of the nuclear reactor: Unit ' of the e-William B. McGuire Nuclear Station located in Mecklenburg s
County, North Carolina Item 4.
Identification of primary financial protection applicable to the nuclear reactor and limit of liability thereof:
Nuclear Energy Liability Insurance Association Policy NF-248
$108,500,000 Mutual Atomic Energy Liability Underwriters Policy MF
,,,,,$ 31,500,000 Do other nuclear reactors share the limit of liability provided under the primary financial protection?
No, not at 61s time i
Item 5.
Maximum retrospective premium (exclusive of allowance for premium taxes) payable to the companies under the Draft Master Policy with respect to each nuclear incident: $3,875,000.
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Item 6.
Portion of the annual premium payable for the companies' contingent liability described in Condition 4 of the D_ raft Master Policy from the effective date hereof to the end of calendar year 1978: The pro rata portion of $4,650 for the period from the effective date of this binder to the end of, the calendar year during which such effective date occurs.
Item 7.
Limits of liability: See Item 3 of the Declarations of the Draft Master Policy.
Item 8.
Binder 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 Item 3 of this binder becomes effective and continuing to the effective date and time of cancelation or termination of the Draft Master Policy or this binder, whichever first occurs, eastern standard time.
BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Know All Men By These Presents, that the undersigned do hereby acknowledge that they are named insur'eds under the Draft Master Policy described in the above i
Binder and Declarations. The named insureds do hereby covenant with and are held and are firmly bound to the subscribing members of Nuclear Energy Liability Insurance Association (hereinafter called the " companies") to pay to the companies all retrospective premiums and allowances for premium taxes which shall become due and payable in accordance with the terms of the Draft Master Policy _ with interest on such premiums and allowances for taxes to be computed at the rate provided in the Draft Master Policy from the date payment thereof is specified to be due the companies in a written notice to the named insured, as provided in Conoition 1 of the Draft Master Policy until paid.
And it is hereby expressly agreed that copies of written notices of retrospective premiums and allowances for premium taxes due and payable or other evidence of such amounts due and payable sworn to by a duly authorized representative of the companies shall be prima facie evidence of the fact and extent of the liability of the named insureds for such amounts.
And it is further expressly agreed that the named insureds will indemnify the 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) 5 which the companies may sustain or incur (1) by reason of the failure of the named insureds to comply with the covenants and provisions of this Bond or (2) in enforcing any of the covenants or provisions of this Bo..d, or any provisions of the Draft Master Policy relating to such covenants or provisions.
For the purpose of recording this agreement, a photocopy acknowledged before a Notary Public to be a true copy hereof shall be regarded as an original.
THE ABOVE BIllDER, DECLARATIONS AND BOND FORM A PART OF THE DRAFT MASTER POLICY.
CAtlCELATION OR TERMINATION OF THE DRAFT MASTER POLICY OR THE BINDER SHALL NOT AFFECT THE OBLIGATIONS OF THE NAMED INSUREDS UNDER THE DRAFT MASTER POLICY OR THE 80ilD TO PAY THE RETROSPECTIVE PREMIUMS AND ALLOWANCES FOR PREMIUM TAXES WITH RESPECT TO ANY BODILY INJURY OR PROPERTY DAMAGE WHICH IS CAUSED DURING THE BINDER PERIOD.
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4 o-o IN WITilESS tlHEREOF, the named insureds have caused this Binder, these Declara-tions 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 binder period.
Attest or Witness NAMED INSUREDS:
Duke Power Company (Nar d nsur
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R. J. A ore, Asst..'Vice President',
Finance Administration (Type or Print Name & Title of Officer)
Date:
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$!. } } l &.N (Named Insured - Type or Print)
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By (SEAL)
(Signature of Officer)
(Type or Print Name & Title of Officer)
Date:
(Named Insured - Type or Print)
By (SEAL)
(Signature of Officer)
(Type or Print Name & Title of Officer)
Date:
3 (flamed Insured - Type or Print)
By (SEAL)
(Signature of Officer)
(Type or Print Name & Title of Officer)
Date:
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(Page 5 of 5 Pages)
IN UITNESS WHEREOF, the subscribing companies have caused the Binder and the Declarations to be signed on their behalf by the General Manager of Nuclear Energy Liability Insurance Association, to be effective as of the time and date of the inception of the binder _ period, and countersigned below by a duly authorized apresentative.
Attest or Witness For the Subscribing Companies of l
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Associat on/gy Liability Insurance Nuclear ner
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PROPORTIO'l 0F 100%
SUBSCRIBING COMPANIES 11.581926 Attna Casualty and Surety Co. The. 151 Farmingten' Ave.. Hartford, CT C6156 2.481841 Aetna Insurance Comoany 55 Elm St.. Hartford, CT C6115 4.963682 Allstate Insurar :e Co., 8324 Skokie Blvd., Skokie. IL 60076
.703188 American Home Assurance Co., 102 Maiden La.. New York, NY 10005 413640 American Motorists Insurance Co., Long Grove. IL 60049
.397095 Situminous Casualty Ccrporation. 32 18th St.. Rock Island, IL 61201 413640 Centennial Insurance Co. 45 Wall St., New York, NY 10005 3.640034 Comercial Union Insurance Co.. One Beacon St.. Boston, MA 02108 1.116829 Connecticut Indemnity Company. The.1000 Asylum Ave.. Hartford CT 06101 4.301858 Continental Casualty Co., CnA Plaza. Chicago. IL 60685 6.618243 Continental Insurance Co.. The. 80 Maiden La.. New York, NY 10038 1.323649 Federal Insurance Co. 51 John F. Kennedy Pkwy.. Short Hills. NJ 07078 4.550042 Fireman's Fund Insurance Co. 3333 California St. San Francisco, CA 94119 1.406377 General Accident Fire and Life Assurance Corp.. Ltd., 414 Walnut St. Philadelphia, PA 19105 1.389831 Great knerican Insurance Co., 580 Walnut St.. Cincinnati. CH 45201 496368 over Insurance Co.. The. 440 Lincole St.. Worcester. MA 01605 7.859164 tford Accident and Indemnity Co.. Hartford Plaza. Hartford, CT 06115 455004 Hartford Steam Boiler Insp. & Ins. Co.. The, 56 Prospect St.. Hartford. CT 06102 2.895481 *-
Home Indemnity Co.. The. 59 Maiden La.. New York NY 10038 3.309122 Insurance Co. of North America,1600 Arch Street, Philadelphia PA 19101
.289548 Monarch Insurance Co. of Ohio. The.19 Rector St., New York, NY 10006 1.654561 i
Northern Insurance Company of New York. P.O. Box 1228. Baltimore. MD 21203
.579096 l
Northwestern National Ins. Co., 731 No. Jackson St.. Milwaukee. WI 53202
.165456 Chio Casualty Insurance Company. The.136 North Third St.. Hamfiton CH 45025
.330912 Pacific Indemnity Co., 3200 Wilshire Blvd. Los Angeles. CA 90054
.103411 Pserless Insurance Co. 62 Maple Ave.. Keene. NH 03431 Phoenix Assurance Co. of New York, 80 Maiden La.. New York, NY 10038
.496368 Protective Insurance Co., 3100 No. Meridian St., Indianapolis, IN 46208
.165456
.103411 Providence Washington Insurance Co. 20 Washington Place. Providence. RI 02903
.248184 i
Puritan Insurance Company.1515 Surver St., Stamford CT C6905 Reliance Ins ance Comcany. 4 Penn Center Plaza. Philadelphia, PA 19103 1.323649 3.722762 Royal Globe lasurance Company,150 William Street New York, NY 10038 St. Paul Fire & Marine Ins. Co., 385 Washington St., St. Paul, MN 55102 4.109929
.330912 Seaboard Surety Co., 90 Uilliam St., New York, NY 10038 State Farm fire & Casualty Company.112 East Washington St.. Bloomington. IL 61701
.827280 Transamerica Insurance Co.,1150 So. Olive St., Los Angeles. CA 90015
.661324 Travelers Indemnity Company. The. One Tower Square. Hartford, CT 06115 11.333741 United States Fidelity and Guaranty Co. P.o. Box 1138. Baltimore. MD 21203 9.430997 I
United States Fire Insurance Co., Madison Ave. at Canfield Rd. Morristown. NJ 07060 2.978209 Zurich Insurance Co. 111 West Jackson Blvd., Chicago IL 60604
.827280 NE-78
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