ML20090F793

Provides Final Authorization for Entry Upon Util Property W/B&W Personnel to Perform Task V Portion of PWR Radiation Control Study on Unit 1

ML20090F793
Person / Time
Site:	Three Mile Island
Issue date:	03/20/1978
From:	Herbein J METROPOLITAN EDISON CO.
To:	Janis J BABCOCK & WILCOX CO.
References
TASK-*, TASK-GB B&W-0217, B&W-217, NUDOCS 8307070291
Download: ML20090F793 (4)

Text

1 1

s.

l P 4 MU M ETRO PO LI TA N E D I S ON COM PAN Y suestora n r or cenenat. ruauc ununes c POST OFFICE BOX 542 READING. PENNSYLVANIA 198o3 TELEPHONE 215 - 929 3601

• c March 20, 1978 Babcock & Wilcox Company 0 g gA.fot @ -

Post Office Box 1260 -

hptt\0 Eib b Lynchburg, VA 24505 R gog,IUC*

Attention: J. T. Janis Power Generating Group -

Gentlemen:

Subj ect: EPRI Contract - RP825-1 In response to Mr. Janis' letter of December 1, 1976, and in accordance with the meeting of our respective representatives on February 27, 1978, this win serve 4 formal authorization for The Babcock & Wilcox Company (B&W) to enter upon Metro-politan Edison Company's (Met-Ed) Middletown, Pennsylvania, property with B&W personnel and equipment for the purpose of performing the Task V portion (Primary Coolant loop of PWR Plants) of B&W's PWR Radiation Control Study on Unit #1 of Met-Ed's Three Mile Island Nuclear Station, as more fully described in Exhibit A, attached hereto and made a part hereof. This authorization, however, is contin-gent upon B&W's compliance with the following conditions:

1. The Study shall be conducted by B&W in such a manner so as not to interfere with or impede Met-Ed's use, operation or maintenance of the Station and other electric installations.

2. The Study shall be performed by B&W in a good and worleman11ke manner and in

, conformity with all laws and all orders, rules, regulations and specifi-cations of any public body having jurisdiction over the Station and its operations.

3.

B&W personnel shall comply with Met-Ed safety and security regulations,as may be in force at the Station.

4.

Met-Ed will provide, without cost to B&W, normal health physics services and assitance for B&W's performance of the Study. Provided, however, if it becomes apparent that Met-Ed will incur other costs, B&W will reimburse Met-Ed for such costs to the extent B&W givee advanced authorization to Met-Ed to incur such costa and, in the. event such advanced authorization is denied, Met-Ed shall be under no obligation to incur such costa.

I w 12260 8307070291 780320 PDR P ADOCK 05000289-g i

6

&G

-w - - , ---

>--w- --,w - ~ - - _ - . - -

~

c  ?

4

• l Babcock & Wilcox Company Page 2.

March 20, 1978 l

5. Neither COMPANY nor its suppliers shall be liable, whether arising under contract, tort (including negligence), or otherwise, for loss of anticipated profits, loss by reason of plant shutdown, nonoperation or increased c.xpense of operation, service interruptions, cost of purchased or replacement power, claims of customers, locs of use of capital or revenue, cost of money, or for any special, indirect, incidental or consequential loss or damage of any nature arising at any time from any cause whatscever. The provisions of this Article shall apply notwithstanding any other provision of this Contract or of any scher agreement.

6. B&W indemnifies and holds harmless Met-Ed, except to the extent Met-Ed is covered by insurance, against all losses, claims, damages or liabilities arising out of or based upon bodily injury (including death at any time

, resulting therefrom) occurring prior to completion of B&W's performance at the Station, when due to the negligence of B&W or its suppliers provided such bodily injury (including death at any time resulting therefrom) does not result from or is not caused in whole or in part directly or indirectly.by a

" nuclear incident" as defined in the Atomic Energy Act of 1954, as amended.

Met-Ed waives any and all rights and remedies against B&W and its suppliers, whether in contract or tort (including negligence) or otherwise for loss of, damage to, or loss of use of, any property at the Station no matter how caused and regardless of. fault.

Met-Ed indemnifies and holds harmless B&W and its suppliers against all losses, claims, damages or liabilities arising out of or based upon bodily injury (including death at any time resulting therefrom) when due to other than the negligence of B&W or.its suppliers or, regardless of negligence, losses, claims, damages or liabilities arising out of or based upon bodily injury (including death at any time resulting therefrom) and loss of or damage to any property located on or off the Station site whenever or wher-ever occurring, when resulting in whole or in part, directly or indirectly, from a " nuclear incident" as defined in the Atomic Energy Act of 1954, as amended.

7. B&W shall provide and maintain =4a4= insurance coverage as follows:

a. Worker's Compensation: Statutory Limits l Employer's Liability: $100,000 l b. General Liability:

Bodily Injury $ 500,000 each person

$1,000,000 each occurrence s

Property Damage $ 500,000 each occurrence

w 12261; N

/

5

~

w D&

. , _...)-.,.,-.,.,.-,---.m

6 .

, s a

.s

. -. . ..., . . - . - . ~ . - . . - - . --- - -.-.-- - -

• G

,. e. .

Babcock & Wilecx Company Page 3 March-20, 1978 l

1

c. Automobile:

. Bodily Injury $100,000 each person

$300,000 each occurrence

, Property Damage $100.000 each occurrence Upon request, B&W shan provide Met-Ed with a suitable certificate of such insurance providing that such insurance shan not be terminated unless Met-Ed j

is first given thirty (30) days' written notice to such effect.

C -

t -

, 8. Met-Ed agrees that the Study to be furnished hereunder shall not be used or operated in connection with, or in any manner associated with, a nuclear or atomic energy activity or facility unless and until (a) Met-Ed shan have er.tered into an agreement of indemnification with the Nuclear Regulatory Commission, or successor agency, as provided under Section 170'of the Atomic Energy Act of 1954, as amended; and (b) Met-Ed shall have obtained such

policy or policies of insurance, or shan have provided financial protection of such type and in such amounts as the Nuclear Regulatory Commission, or successor agency, shan require as a condition of its entering into the indemnity agreement referred to in (a) above. h t-Ed agrees that B&W and its suppliers shall be incloded among the persons indemnified under (a) above, and soong the named insursds or persons protected under (b) above. Met-Ed further agrees, with respect to the insurance secured from the nuclear energy insurance pools, to secure and maintain any and an of the amendatory endorse-ments available at any time which extend the insurance in terms of its coverage and/or its lic.its of liability. Met-Ed agrees to maintain such indemnification agr2eme st, and insurance or other financial protection in full force and'effect so long as the Study furnished hereunder shall be used.

'For its own protection and the protectiion of B&W and its suppliers, Met-Ed shan secure and maintain in force property damage insurance in the form of a policy from the Nuclear Energy Liability Property Insurance Association (NEL-PIA) and/or the h tual Atomic Energy Reinsurance Pool (MAERP), or equivalent, under which B&W and its suppliers will be named insureds, covering all pro-party at the Station; and to.the extent possible in the exercise of its best efforts will obtain such property damage insurance for the fun value. Said property damage insurance shan be maintained in effect from the time nuclear fuel first arrives at the Station.

9.

The data ecliected from the Study will become part of the reports to EPRI on the total Radiation Control Program. The 'IMI data to be contained in the ,

EPRI annual and final reports will be sent to Met-Ed for review at least 3

l thirty (30) days prior to open publication in any EPRI or B&W reports.

Likewise, a Met-Ed representative will be invited to attend program review

, session's between B&W and EPRI.

, 30.

Met-Ed shall not make any changes in the Station operating conditions for the accosemodation of this Study without the prior express approval of Met-Ed's

, Plant Superintendent.

g g2 l

s 7; e

. '.~

l .. '

l.' '

a.'

5*

4 s - -

4 -

A y .=

Y , b '

" _y,

' 7_ ' . i . _ m .- i _ _--.-iI.------------------------------ f

s s

~ ,

J

. ........T.=' -

.. =~-

i .i ..

\

Babcock & Wilcox Company Page 4 March 20, 1978

n. Inasmuch as no representative of B&W is authorized or licensed to operate any of Met-Ed's equipment, all operation of such equipment shall be performed by Met-Ed.

Although B&W personnel performing the Study shan cooperate with and assist Met-Ed personnel, said B&W personnel shall at au cimes remain in the employment of and under the control of B&W. To the extent that Met-Ed agrees with B&W's requests, B&W per'sonnel may use Mac-Ed monitoring equipment in the performance of the Study; however, B&W shan not perform any work outside the , ,

scope of the Study or any other work whatsoever in lieu of work which is '

normally performed by Met-Ed personnel.

12. The provisions of 10 CFR 21 apply hereto. B&W, following evaluation, shall immediately inform Met-Ed's Vice President of Generation in writing if it obtains information reasonably indicating that the Plant or a service or mate..ials or a basic component delivered to the Owner for the Plant (a) fails

• to comply with the Atomic Energy Act of 1954, as amended, or any applicable rule, regulation, order or license of the Nuclear Regulatory Commission

("NRC") relating to substantial safety hazards; or (b) contains a defect, which could create a substantial safety hazard, unless it has actual know-ledge that the NRC has been adequately informed of such defect or failure to comply, an as required by Part 21 of 10 Code of Federal Regulations ("10-CTR 21"), and shan simultaneously furnish to Met-Ed's Vice President of Generation copies of any notification given by B&W to the NRC pursuant to 10 CTR 21.

13.

This consent shan extend to B&W, its officers, employees, agents and con-tractors, aa, the case may be.

If B&W is in agreement with the foregoing, kindly so indicate by signing the enclosed carbon copy of this letter at the place provided and returning the same to the undersigned, e, yours, s -

i map J. G. HERBEIN Vice President

• Date Y $W Metropolitan Edison Company:

B&W, for itself and its successors and assigns, intending to be legany bound, ditions. accepts Mat-Ed's authorization and agrees to comply with the foregoing con-hereby

' BABCOCK & WILCOX COMPANY W 13@

By .f ,

W-Tige: p. JOFdS MGR., NpG CONTRACT M eW 6

4 9-.

_,m ...m ---v--- ' - ' + ' " " " ~ * " " ~ "