ML20072A993

From kanterella
Jump to navigation Jump to search
Forwards Nelia & Maelu Certificates N-93 & M-93, Respectively,Evidencing Secondary Financial Protection for Plant
ML20072A993
Person / Time
Site: Byron 
Issue date: 06/03/1983
From: Oster J
COMMONWEALTH EDISON CO.
To: Saltzman J
NRC OFFICE OF STATE PROGRAMS (OSP)
References
RM-950, NUDOCS 8306130231
Download: ML20072A993 (13)


Text

'

/

Commonwealth Edison

{

.,\\

72 WIst Adims Strnt Chicago, lihnois_

s C 7 Address Reply to: Post Office Box 767

'N j Chicago Illinois 60690 RM 950 June 3, 1983 Mr. Jerome Saltzman Assistant Director State and Licensee Relations Office of State Programs U. S. Nuclear Regulatory Commission Washington, D. C.

20555 Re:

Docket No. 50-454

Dear Mr. Saltzman:

Pursuant to instructions issued by ANI and MAELU, enclosed are two (2) certified copies of Certificates N-93 and M-93 evidencing Secondary Financial Protection for Byron Unit 1.

Sincerely, f.

XL s.

J, Oster Insurance Administrator J0 :sr Enclosure 8306130231 830603 PDR ADOCK 05000454 J

PDR I

s ':

!:U, CLEAR EllERGY LIABILITY IllSURAflCE ASSOCIATI0!!

Tum IS TO CERTIFY THAT THIS IS A TRUE COnv or THE ORIGINAL Cr of!CATE. BEARING THE NUMBER DES'GW iE0 HEREON. FOR INoonANCE C0VERAGE UNDER THE MASTER P01. ICY UCLEARENERGY Certificate flo. fi-93 LIABILITY INSURANCE (SECONDARY FINANCIAL F ECTION). NO AF Forming Part of Master VICE PRESIDENT. LIABILITY UNDERWRITING Policy flo.

1 AMERICAN NUCLEAR INSURERS CERTIFICATE OF IflSURAfiCE DECLARAT10flS Afl0 B0tl0 FOR PAYMEtiT OF RETROSPECTIVE PREMIUMS Certificate of Insurance This is to certify that the persor.s and organizations designated in Item 1 of the Declarations are* named insureds under the Master Policy -

fluclear Energy Liability Insurance (Secondary Financial Protection),herein called the " Master Policy", issued by fluclear Energy Liability Insurance Association.

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 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 3 of the ' Declarations, and flSFC-1 (1/1/83)

Pace 1 L

(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 damaco 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 after the date of the extraordinary nuclear occurrence.

Declarations Item 1.

Named insureds and addresses:

(a) Commonweal th Edison Company, P.O. Box 767, Chicago, IL 60690 (b)

Item 2.

Additional insureds:

l-Any other person or organization who would be insured under the primary financial pro'tection 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 Byron Nuclear Station located in Ogle County, Illinois.

Item 4.

(a)

Identification of primary financial protection applicable to the nuclear reactor and limit (s) of liability thereof:

fluclear Energy Liability Insurance Association's Policy NF-277

$124.000,000 Mutual Atomic Energy Liability Underwriters' Policy MF-

$ 26,000,000 PaSe 2 of Certificate No. N-93

(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 (Extraordir.ary fluclear 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.

Item 6.

Certificate Period: Beginning at the same time and date that the Facility Operating License issued by the United States fluclear 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 certificate, whichever first occurs, eastern standard time.

Item 7.

Maximum retrospective premit.m (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.

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 portien of $4,650 for the period from the effective date of this certificate to the end of the calendar year during which such effective date occurs.

Page 3 of Certificate l;o. !!- 93

B0ND FOR PAYMEtli 0F RETROSPECTIVE PREftIUMS 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 fluclear 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 %1 icy 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 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, an_d 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 anj provisions of the Master Policy relating to such covenants or provisions; For the purpose of recording this agreement, a photocopy acknowledged before a flotary Public to be a true copy hereof shall be regarded as an original.

Page 4 of Certificate ';o. *i-93

l

/

The preceding Certificate of Insurance, Declarations 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 WITilESS WHERE0F, the named insureds have caused this Certificate, these Declarations and this Bond for Payment of Retrospective Premiums, to tie 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 flamed Insureds:

cnmmnnwealth Edison Company (flamed Insured - Type or Print.)

E; M

By/

/

(SEAL)

[

(f '

  1. (5'ignarture of 0 rice Harlan M. Dellsy, Staff Counsel (Type or Print flame & Title of Officer)

Date:

May 9, 1983 (Named Insured - Type or Print)

By (SEAL)

(Signature of Officer)

(Type or Print flame & Title of Officer)

I Date:

(flamed insured - Type or Print)

By (SEAL)

(Signature of Officer)

(Type or Print t;ame & Title of Officer)

Date:

Pace 5 of Cortific T te i;o. !!-93

., V ' *. "

IN WITilESS WHERE0F, the companies subscribing the f4 aster Policy have caused the Certificate of Insurance and the Declarations to be signed on _ their behalf by the President of fluclear Energy Liability Insurance

- Association to be effective as of the time and date of the inception of the Certificate period, and countersigned below by a duly authorized

- representa tive.

' Attest or Witness For the Subscribing Companies of f!UCLEAR Ei1ERGY LIABILITY IflSURAtlCE ASSOCIATI0il

,.::::. hA AN,

//ABY:

t

'A

- ' /. '

Burt C. Proom, President

~'

E = k. 3' Mcipnnan Agcnc',Inc.

j

~

~,;f,',

ll

,/

.., I..,,70

- /v,D Countersigned by

~

/

(Authorized Representative) 4 1

ra Page 6

of Certificate flo. fi 93

c p-MUTUAL ATOMIC EllERGY LIABILITY UtlDERURITERS TPS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CMHCATE. BEARING THE NUMBER DESIGNATED HERf0N, FOR 1%CRANCE COVERAGE UNDER THE M ASTER POUC NUCLEAR ENERGY Certi ficate flo. M g3 it.31LITY N4tlPANCF (SECONDARY FINANCIAL,0TECTION). NO Forming Part of Master VICE prest 0ENT LIABILITY UNDERWRITING Policy No*

1 AMERICAN NUCLEAR INSURERS CERTIFICATE OF IllSURAtlCE DECLARATIONS AfID BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS 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 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 certifica re, 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 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 3 of the Declarations, and MSFC-1 (1/1/83)

Page 1

i (3) which is discovered and for which written claim is made against the insured not later than ten years af ter the end of the certificate period stated in Itera 6 of the Declarations.

However, with respect to bodily injury or property damage caused by an extraordinary nuclear occurrence this subpar $ graph (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 af ter the date of the extraordinary nuclear occurrence.

Declara tions Item 1.

tiamed insureds and addresses:

(a) Commonwealth Edison Company, P.O. Box 767, Chicago, IL 60690 (b)

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 Byron Nuclear Station located in Ogle County, Illinois.

l Item 4.

(a)

Identification of primary financial protection applicable to the nuclear. reactor and limit (s) of liability thereof:

tiucle$r Enrirgy Liability Insurance Association's Policy i1F 277

$124,000,000 Mutual Atomic Energy Liability Underwriters' Policy MF-

$36,000,000 Page 2 of Certificate flo. M 93

(

J'-

(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' contingent 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 Item 3 of this certificate becomes effective and continuing to the effective date and time of cancellation or temination of the Master Policy or this -

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: $1,125,000 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 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 date occurs.

Page 3 of Certificate No. M 93

^

[

B0ND 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, 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-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 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 l

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) l, 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. M 93

.a'- i;, '

'The preceding Certificate of Insurance, Declarations 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 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 flamed Insureds:

Commonwealth Edison Company (flamed Insured - Type or Print)

/.

By

/

/d (SEAL)

[

M hatu/e Off' er)

Harlan M. De sy, Staff el (Type or Print itame & Title of Officer)

Date: May 9. 1983 (flamed Insured - Type or Print) 4 By (SEAL)

(Signature of Officer)

(Type or Print flame & Title of Officer)

Date:

~

(flamed Insured - Type or Print)

By (SEAL)

(Signature of Officer)

(Type or Print flame & Title of Officer)

Date:

Paca 5 of Certificate rio. M-93

r Iti WITilESS WHERE0F, 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.

Attest or Witness For the Subscribing Companies of MUTUAL ATOMIC EllERGY LIABILITY UtlDERWRITER G k " BY:,

h/s I

//

." '9utho riYe Agent.

~

~

V* *

'h ll l

n t a.,. ;

'. \\

.. : < /;,z,

Countersigned by

'm

't (Authorized Representativp) u v

Subscribing Companies PROPORTION 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 Page 6

of Certificate flo. M-93