ML20064K926
| ML20064K926 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 02/09/1983 |
| From: | Deeg F POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| To: | Saltzman J Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 8302150056 | |
| Download: ML20064K926 (19) | |
Text
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POWER AUTHORITY OF THE STATE OF NEW YORK 10 CoLUMeus CIRCLE NEW YORK. N. Y.10019 (2126 397.6200 LE ROY W. SINC L AIR en m ars ce sa TRUSTEES W A LTE R T. MICINSKI G
JOHN S. DYSON
- e se e xecutiva C oe n s m os A m se apunmssemavsva JOSEPA R.SCMMIEDER vic e Cac Ale M AN E M E C u rtW E vsC E emessommy & Coenae RICH A RD M. FLY NN ENG'mE E N STEPH EN L. B AUM ROBE RT l. MILLONZl C ' m" "'"C"1m'.T
February 9, 1983 J AM ES L. LAROCC A Mr. Jerome Saltzman, Deputy Chief Office of Antitrust & Indemnity Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D.
C.
20555
Subject:
Secondary Financial Protection James A.
FitzPatrick Nuclear Power Plant NELIA Certificate No. N-47 MAELU Certificate No. M-47
Dear Mr. Saltzman:
Enclosed herewith are two (2) certified copies of the above captioned certificates.
These certificates are submitted to you in evidence of the secondary financial protection being maintained by the Power Authority of the State of New York with respect to the James A. Fitz-Patrick Nuclear Power Plant.
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y$j.c& JEN 3Ed Certificate of Insurance wo 35 c,> <
This is to certify that the persons and organizations designated in Item 1 of the Declarations are named insureds under the Master Policy -
3 Nuclear Energy Liability Insurance (Secondary Financial Protection),herein called the " Master Policy", issued by Nuclear Energy Liability Insurance Association.
Such insurance as is provided by the Master Policy applies, through this certificate, only:
(a) to the insureds icentified in Items 1 and 2 of the Declarations, (b) for the certificate p'eriod stated in Item 6 of the Declarations, t
(c) to bodily injury or property damage (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 Declarations by a nuclear incident arising out of or in connection with the nuclear reactor described in Item I
j 3 of the Declarations, and Ig NSFC-1 (1/1/83)
Page 1
1 (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 damage caused by an extraordinary nuclear occurrence this subparagraph (3) shall not operate to bar coverage-for bodily injury or property damage 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.
Declarations Item 1.
Named insureds and addresses:
(a) Power Authority of the State of New York,10 Columbus Circle, New York, New York 10019 Iten 2.
Additional insureds:
Any other person or organization who would be insured under the primary financial protection identified in Item 4 of the Declarations
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but for exhaustion of the limit of liability of such primary financial l
j protection.
Item 3.
Description and location of nuclear reactor: James A. Fitzpatrick Nuclear Power Plant located in Oswego County, New York.
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-208
$108,500,000 l
Mutual Atomic Energy Liability Underwriters' Policy MF 77
$ 31,500,000 i
Page 2 of Certificate No. N-47
f.
(b) The following endorsements, attached to the primary financial protection policies listed in Item 4 (a) also 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, (c) The limits of liability provided under the primary financial protection specified in Item 4 (a) above are not shared with any other reactor except as follows:
No Exceptions 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.
l Item 6.
Certificate Period: Beginning at 12:01 a.m. on the first day of Augus t,1977 and continuing to the effective date and time of cancel _
1ation or termination of the Master Policy or this certificat_e, 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:
$3,875,000.
Item 8.
Premium payable pursuant to Condition 1 of the Master Policy for the period from August 1,1977 through December 31 following:
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$ 1,948.36 1
Page 3 of Certificate No.N-47 l
BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS i
Know All Men By These Presents, that the undersigned do 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 m2mbers of Nuclear Energy Liability Insurance Association subscribing the Master Policy (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 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-ment 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-spective premiums and allowances for premium taxes c'ue 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 whats6ever 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 4 of Certificate No. NL
f.
The preceding Certificate of Insurance, Declaratio.3 and Bond form a part of the Master Policy.
Cancellation or termination of the Master Policy 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 WHEREOF, 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 August 1, 1977 eastern standard time.
Attest or Witness Named Insureds:
a Power Authority of the State of New York h'.
(Named Insured - Type or Prin )
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(Signature of Officer) i, i
(Type or Print Name & Title of Officer)
Date:
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By (SEAL)
(Signature of Officer) s (Type or Print Name & Title of Officer)
Date:
e (Named Insured - Type or Print)
By (SEAL)
(Signature of Officer)
(Type or Print Name & Title of Officer)
Date:
o Page 5 of' Certy,1cate No.N g _
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l IN WITNESS WHERE0F,.the companies subscribing the Master Policy have caused the Certificate of Insurance and the Declarations to be signed on their behalf oy the President of Nuclear Energy Liability Insurance Association to be effective August 1,1977 eastern standard time, and countersigned below by a duly authorized representative.
Attest or Witness For the Subscribing Companies of NUCLEA[ENERGYLIABILITYINSURANCEASSOCIATI l
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Bbrt C. Proom, President Countersigned by (Authorized Representative) e Page 6 of Certificate No. N-47
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Nuclear Energy Liability insurance.
NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-47 Forming Part of Master Policy No.1 Nuclear Energy Liability Insurance (Secondary Financial Protection)
ANNUAL PREMIUM ENDORSEMENT It is agreed that the Annual Premiums applicable to the periods designated below are as follows:
For Calendar Year 1978 Effective Date Januan 1 1978 Annual Premium $4,650.0d For Calendar Year 1979 Effective Date Januarv 1 1979 Annual. Premium $4,650.0d For Calendar Year 1980 Effective Date Janua3.06 1 1980 Annual Premium $4,65 For Calendar Year 1981 EffectiveDateJanua3.00 1 1981 Annual Premium $4,65 For Calendar Year 1982 Effective Date Janua 1 1982 Annual Premium $4,6
.00 l
l Effective Date of N-47 this Endorsement as stated above To form a part of Certificate No.
12:01 A.M. Standard Time issuId to D nwn,- Anthnrity nf the state of New York Dats of issue OCed er M, I W For me su sendng co anses
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By General Manager Endorsement No I
Countersigned by NE-S-3
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Nuclear Energy Liability insurance NUCLEAR ENE3GY_LIABIL TY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-47 Forming Part of Master Policy No. 1 Nuclear Enerr lability Insurance (S econda-rinancial Protection)
It is agreed that Item 4.(a) of the Declarations is amended to read as follows:
Item 4. (a)- Identification of primary finanej_a_f protection applicable to the nuc1Lar reactor and limit (s) of liability thereof:
Nuclear Energy Liability Insurgnee Association's Policy NF-208
$124,000,000 Mutual Atomic Energy Liability Underwriters' Policy MF-77
$ 36,000,000 Eff:ctive Date of this Endorsement May 1, 1979 To form a part of Certificate No. N-47 12:01 A.M. Standard Time issu;d to Power Authority of the State of New York Data of issue December 15, 1982 For the su cribing co panies Dy A
/T' General Manager 2
Endorsement No Countersigned by NE-S-2
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Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ANNUAL PREMIUM ENDORSEMENT Calendar Year 1983 ANNUAL PREMIUM:
It is agreed that the Annual Premium due the companies for the period designated above is: $ 4,650.00 t
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Effective Dat. I inis Encorsement ilanuarv 1.1983 To form a part of Certi ficate N-47 1201 A.M. Stancard Time l
Issuedto Pnte r Au t hn e l t v of the State of New York Date of issue December 15, 1982 For the su scribing Co panies By l A
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General Manager Endorsement No Countersigned by
q J.Y gE iP. i MUTUAL ATOMIC EliERGY LIABILITY Ut1DERWRITERS w m o E
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- Certificate tio. M-47 E5$g co ce g
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DECLARATI0t15 AfiD s:64fIk, te g d g* F gg 80fl0 FOR PAYMEtiT OF RETROSPECTIVE PREMIUMS S $ 2 >- E 5
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$gg Certificate of Insurance Egj$[$$$ S?U3 5
This is to certify that the persons and organizations designated in Item 1 of the Declarations are named insureds under the Master Policy -
tiuclear Energy Liability Insurance (Secondary Financial Protection),herein called the " Master Policy", issued by Mutual Atomic Energy Liability Underwriters.
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 damage (1) with respect to which the primary financial protection l
described in Item 4 of the Declarations would apply but for t
l exhaustion of its limit of liability as described in Condition 6 of the Master Policy, and i
(2) which is caused during the certificate period stated in Item I
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 MSFC-1 (1/1/83)
Pa9e 1
(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 damage caused by an extraordinary nuclear occurrence this subpar $ raph 9
(3) shall not operate to bar coverage for bodily injury or property damage which is discovered and for which written claim is nade against the insured not later than twenty years after the date of the extraordinary nuclear occurrence.
Declarations Item 1.
Named insureds and addresses:
(a) Power Authority of the State of New York - 10 Columbus Circle, New York, New York 10019 (b)
Item 2.
Ad.ditional 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:
James A.- Fitzpatrick Nuclear Power Plant located in Oswego County, New York.
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-208
$108,500,000 Mutual Atomic Energy Liability Underwriters' Policy MF-77
$ 31,500,000 Page 2 of Certificate No.
M-47 v
T (b) The following endorsements, attached to the primary financial protection policies listed in Item 4 (a) also apply to the insurance afforded by the Master Policy through this certificate as though they were attached hereto:
(1) Waiver of Defenses Endorsement (Extraordinary flucl' ear Occurrence) and (2) Supplementary Endorsement - Waiver of Defenses - React ~or Construction at the Facility, (c) The limits of liability provided under the primary financial protection specified in Item 4 (a) above are not shared with any other reactor except as follows:
flo exceptions, t
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.
Item 6.
Certificate Period:
Beginning at 12:01 a.m. on the first day of
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August,1977 and continuing to 'the effective date and time of cancellation o'r termination of the Master Policy or this certificate, l.
whichever first occurs, eastern standard time.
1 Item *7.
Maximum retrospective premium (exclusive of allowance for premium taxes) j payable pursuant to Condition 2 of the Master Policy with respect to each nuclear incident:
$1,125,000 Item 8.
Premium payable pursuant to Condition 1 of the Master Policy for the period from August 1, 1977 through December 31 following:
$ 565.65 Page 3 of Certificate flo. M-47
l BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Know All Men By These Presents, that the undersigned do 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 Mutual Atomic Energy Liability Underwriters subscribing the Master Policy (here-inafter 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, a
with interest on such premiums and allowances for taxes to be computed at 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 as provided in Condition 2 of the Master Policy until paid; 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 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) 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 Pol, icy 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 4 of Certificate No. M 47
~,
The preceding Certificate of Insurance, Declarations and Bond fonn a part of the Master Policy. Cancellation or termination of the Master Policy or the Certificate of Insurance shall not affect the named insured's obligations under the policy Dr 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 WHERE0F, the named insureds have caused this Certificate, these Declcrations and this Bond for Payment of Retrospective Premiums, to be signed and sealed by a duly authorized officer, to be effective August 1,1977 eastern standard time.
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,e Power Authority of the State o'f' NeM, sY'orle\\,'
(Named I, cur e or Print) l' fC7dx EL gy Lu i <
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(Signature of Officer)
(Type or' Print Name & Title of Officer)
Date:
(Named Insured - Type or Print)
By (SEAL)
(Signature of Officer)
(Type or Print flame & Title of Officer) i Date:
(Named Insured - Type or Print) i By (SEAL)
(Signature of Officer) i 1
(Type or Print flame & Title of Officer)
Date:
Page 5 of Certificate No. F.1-47_
s IN WITNESS WHERE0F, the companies subscribing the Master Folicy have
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caused the Certificate of Insurance and the Declarations to be signed on their behalf by Mutual Atomic Energy Liability Underwriters to be effective August 1,1977 eastern standard time, and countersigned below by a duly authorized representative.
Attest or Witness For the Subscribing Companies of I
MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS M BY:
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Au% orized Agent'.
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Countersigned by (Authorized Representative)
Subscribing Companies PROP 0RTION OF 100%
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 Lumbermens Mutual Casualty Company, Long Grove, IL 30.0000000 Michigan Mutual Insurance Company, Detroit, MI 5.0000000 Sentry Insurance, A Mutual Company, Stevens Point, WI 5.0000000 l
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Page 6
of Certificate No. M-47 l
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NUCLEAR ENERGY LIABILITY INSURANCE
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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS END0RSEMENT TO CERTIFICATE N0.
M-47 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)
ANNUAL PREMIUM ENDORSEMENT It is agreed that the Annual Premiums applicable to the periods dcs1 nated below are as follows:
J For Calendar Year 1978 Effective Date January 1,1978 Annual Premium
$1,350.00 For Calendar Year 1979 Effective Date January 1, 1979 Annual Premium
$1,350.00 For Calendar Year 1980 Effective Date January 1, 1980 Annual Premium
$1,350.00 For Calendar Year 1981 Effective Date January 1, 1981 Annual Premium
$1,350.00 For Calendar Year 1982 Effective Date January 1,1982 Annual Premium
$1,350.00 EUective Date of To form a part M-47 as stated above of Certificato Mn this Endorsement Power Authority of the State of New York Date of Issua December 15. 1982 For the Subscribing Companies M
UAL ATOMIC ENEllGY LIApILITY U EllWitITERS bA -
By-
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Counternigned by Attisiontme Ht:rur4mr4Tavn ME-S-3
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NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS END0RSEMENT TO CERTIFICATE NO.
M-47 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)
It is agreed that Item 4.(a) of the Declarations is amended to read as follows:
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 208
$124,000,000 Mutual Atomic Energy Liability Underwriters' Policy MF 77
$36,000,000 Effective Date of To form a part this Endorsement May 1. 1979 of Certificato Nn_
M-47 Power Authority of the State of New York Date of Issua December 15, 1982 For the Subscribing Companies M
UAL ATOMIC ENERGY LIApILITY U ERWillTERS By l
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Endorsement No.
Counternigned by ME-S-2
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NUCLEAR ENERGY LIABILITY INSURANCE I
MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ANNUAL PREMIUM ENDORSEMENT Calendar Year 1983 ANNUAL PREMIUM:
It is agreed that the Annual Premium due the companies for the period desigrated above is: $ 1,350.00 Effective Date of To form a part this Endorsement.
January 1.1983 of Certificate No.
M_47 Issue to Power Authority of the State of New York Date of Issuo-December 15, 1982 For the Subscribing Companies Mi 'UAI, ATOMIC ENERGY l IAlllLITY U JEDWitITERS M6
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En<!ornement No.
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