ML20094R634
| ML20094R634 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 08/15/1984 |
| From: | Barham C CAROLINA POWER & LIGHT CO. |
| To: | Saltzman J NRC OFFICE OF STATE PROGRAMS (OSP) |
| References | |
| NUDOCS 8408210027 | |
| Download: ML20094R634 (13) | |
Text
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-a uom co P. O. Box 1551 + Raleigh, N C. 27602 CHARLES D. BARHAM, JR.
senior Vice President and General Counsel August 15, 1984 Mr. Jerome Salt 7 man, Assistant Director State and Licensee Relations Office of State Programs Nuclear Regulatory Commission Washington, D. C.
20555 Re:
Shearon Harris Nuclear Power Plant ANI Policy No. NF-288 Endorsement Nos. 1-5
Dear Mr. Saltzman:
We enclose herewith two copies of Endorsement Nos. 1-5 to ANI Policy No. NF-288 covering our Shearon Harris Nuclear Power Plant near New Hill, N. C.
With kindest regards, very truly yours, (l.. f a e (x J [ l b'U u $-t N l o
Charles D. Barham, Jr.
CDBjr/bjl Enclosures 8408210027 840815
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NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION 127 John Street, New York, New Yor'c 10038 This is to certify that this is a true copy of the original Declarations and Endorsements Nuclear Energy Liability Policy No. NF -- 288 Numbered 1 through 5 and being made a part of (Facmty Form) the Nuclear Energy Liability Policy (NF-288) designated ereon. No Insur-ce is afforded hereunder.
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jpo eact.AaATIONS J n L. Qua rocc ', ice Presfdent-Liability Underwriting American Nuclear Insurers Item t. Named Insured Carolina Power & Light Company P. O. Box 1551 Raleigh, North Carolina 27602 Address (No.
Street Town or City State)
Item 2. Policy Period: Beginning at 12:01 A.M. on the 1st day of June 84 39
_ and continuing through the edect.ve date of the cancelation or termination of this policy, standard time at the address of the named insured as stated herein.
Item 3. Description of the Facility:
Imation All of the premises including the land and all buildings and structures of Carolina Power & Light Company's Shearon Harris Steam Electric Plant located in the southwest corner of Wake County, North Carolina and the southeast corner of Chatham County, North Carolina. The City of Raleigh, North Carolina is approximately 16 miles northeast, and the City of Sanford is about 15 miles s
southwest from the Shearon Harris Steam Electric Plant.
Power Reactor
.g., p, The operator of the facility i:
CP&L and N. C. Eastern Municipal Power Astency
!<cm C The limit of the companies' liability is 3 1.000.000.00 sub ect to a!! the terms of this poley having reference thereto.
i 100.00 Item 5. Advance Premium $
Ittm 6. These declarations and the schedules forming a part hereof give a complete description of the faality, insofar as it relates to the nudest energy hasard, encei t as noted NO EXCEPTIONS 2
Date of lisue May 23rd
,i, 84 count,,w ned by '
hdthotsatiNepresentatst e Nwlear Enera? Labdity Policy (Facdity Form) 2/th? (Second Revision)
$UOSCRIBIM CC'?PA'll{5 fo0PteflC't CF 10^;
Actes Casualts t surete Co.. The.15l Taratagton Avenue. Hartford. CT 06156 Af f tltattJ F?1 la*.urJace Co.. Allendile Part Alleant losurJace Co6cany. 6435 WilsMre 81,. P.O. Dos 1500. Johnston, RI 02319 8.75847 0.. tos Angeles. (A 9004%
.25g24 Allstatir laturacco Co..
A,eer ecen usure Assurance Co=44ey. 70 Ptne Street i:,w Ycrk, hv 10005I Allstate Cemen't Plaza.. !!A. 51 West Nigglas 1.33462 4.67118 A ericas :Intorists lasurance Cowaar. Long Grove. IL 6C049
,37535 Bit.einous Casualty Correration. 32018th St.. Rock Island. II, 61201
.41707 Centennial laturance Crmany. Atlantic 8stiding. 45 Wall Street, New York, hv 10005
.41707 Com.arcial Unica insurance Co.. One Beacon Street. 80ston, t'A 021C3
.25025 Connecticat Indwety Conpaav. Ylie. 9 Faem Springs Rs.. Farmington, CT 06032
- 3.33656 Contincatal Casualty Co.. CDA Plaza. Chicago. IL 60685
,41707 Contkental Insurance Co.. Tne 2 Corporation Place South. Piscatavey, itJ 08354 4.50435 Federal lasurance Co. 51 John f, 3:ennedy Parkway. Snort Hills. NJ 01378 7.71579 fire co's Fund lasurance Ccepantes. P.O. tios 777. Imato. (A 949H 1.55145 General Acctdent trsurance Coapany of America. 414 Walnut St., Pntla#elphia. PA 19105 5..
tst Geoceal laterance Co4any of Aeerica. Safeco Ptara. Seattle. eA 94185 1.34 e tienover lesvrance Co. The. 440 Lincole St.. Worcester. F.A 01605 1.66c a Itartford Accicent and ladeweity Co.. The. Hartford Plata. Hartford, Cf 06115
.5C0 8 Hartford 5tese titler Insp.L Ins. Co., ine. 56 Prospect St.. Hartford. CT 06102 7.09C )
Hegnisods lasuranca Co. 600 Jef ferson 5t.. Nouston. is 77002
.583 4 it.ee Isdeetty Co.. Ine. 59 NsJen Lane. New York, h1 10038
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Metrepeletse Prop. & Lias frisssca Ir.surance (capany, 26CI tillshire tied. Los Angeles. CA 9X57 insurance Co. 125 Malden Lane Seite 1200. New 4.e 330
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tionarch Invrance (c.
of CMo. The.19 Pector 5t. New York. NV 10006
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flotors lasu ance Correrattoa. 3044 West Grand Slus.. Cetroit, r
Netr=estern f:Jtto4al Insur 141 42202
.33365 Oneo Casvalty !*surance (ce,ance Ccepany. 731 f o. Jackson St.. Milwavhee, lif $3202
.16683 Pac tflC In.t.wsty Co. 51 John F, rennedy Pareway. Snort Hills, NJ 07078any. De,136 horta third 5t.. Hastiton CH 45025
.93424
.16683 Protecttee Insurance Co., 3103 horth Meridian 5t.. Indianapolls. (ta 46203
.41707 Providence Was'esagtoa lasurance Co. 20 wasMegton Place. Providence. RI C2903 e
.08341 Reliance lesurante Corfany. 4 Penn Center Plaza. Philadelonia, FA 19103
.16683 Royal lasurance Conrany of Aserica, St. Paul fire & Marice lat. Co. 335 Washington St.
St. Pav). tot 551021501861164e 5treet. New York, tiv 10038 1.00097 3.50338 Seaboard Sarety Co. 99 William St.. hew rara. Nf 10035 5.05822 State Farm Fire 8 Casualty Company,112 Cast Washington St.. Sicceington. !!,61101
.16683 Transamerica insurance Coeraar. P.O. Sos $4256. Ces Angeles. CA 90054
.83414 Iransport twicentty Coreany. 3670 utishtre Sled. Los Angeles. CA 90010
.83414 Iravelers Indemnity Coreany, the. One Tower Square. Hartford. CT 06115
.08341 United States Fidelity and Guaranty Co.. P,0. Bon 1138. Saltkore. pel 21203 10.8a 382 Ustted States Fire jeturance Co., P.O. toa 2387. Moretstown. nJ 07960 10.76041 Universal tie 4cr etters lasurance Co. 5115 Can Street, ransas titr. to 64112 3.CE633 tursch lasurance Co. 231 so. Martlegale 84.. Senavseurg. IL C0196
.166d3 NE-Bit 1.25120
Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION As soon as practicable after each December 31 and after the termination of this policy, tha standard premium for the preceding calendar year shall be finally determined and stated in the Standard Premium Endorsement for that calendar year. If the standard premium so determined exceeds the advance premium previously paid for such calendar year, the named insured shall pay the excess to the companies; if less, the companies shall return to the named insured the excess portion paid by such insured.
The named insured shall maintain record; of the information necessary for premium computa-tion and shallsend copies of such records to the companics as directed, at the end of each cal-endar year, at the cod of the policy period and at such other times during the policy period as the company may direct.
(3) Use of Reserve Premiums All reserve premiums paid or payable for this policy may be used by the members of Nuclear Energy Liability Insurance Association to discharge their obligations with respect to incurred losses whether such losses are incurred under this policy or under any other policy issued by Nuclear Er:rgy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters.
(4) Reserve Premium Refunds A portion of the reserve premium for this policy for the first cal-endar year of any group of ten consecutive caler.dar years shall be returnable to the named in-sured provided there is a reserve for refunds at the end of the tenth calendar year.
($) Computation of Reserve Premium Refunds The reserve premium refund due the name insured for any calendar year shall be determined by multiplying any industry reserve premium refund for such calendar year by the policy refund ratio for such calendar year. The reserve pre-mium refund for any calendar year shall be finally determined as soon as practicable after July
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1 of the tenth calendar year thereafter.
(6) Final Premium The final premium for this policy shall be the sum of the standard premiums for each calcadar year, or portion thereof, during which this policy remains in force less the sum of all refunds of reserve premiums due the named insured under the provisions of this Condition 1.
(7) Reserve Premium Refund Agreement Each member of Nuclear Energy Liability Insurance Association subscribing this policy for any calendar year, or portion thereof, thereby agrees for itself, severally and not jointly, and tn the respective proportion of its liability assumed under this policy for that calendar year, to retum to the named insured that portion of any reserve premium refund due the named insured for that calendar year, determined in accord-ance with the provisions of this Condition 1.
Effective Date of this Endorsement June 1, 1984 To form a part of Policy No.
NF-288 12:01 A.M. Standard Time Issued to Carolina Power & Light Company Date of Issue May 23, 1984 For the su ribing com ies By Uf)
General Manager
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Endorsement No.
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Countersigned by.
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N cirr Enrrgy Lirbility insur:nca NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION INDUSTRY CREDIT RATING PLAN FREMlUM ENDORSEMENT It is agreed that Condition 1 of the policy is replaced by the following:
CONDITION 1. PREMlUM (1) DeSnitions: With reference to the premium for this policy:
" advance premium", for any calendar year, is the estimated standard premium for that calendar year;
" standard premium", for any calendar year, is the premium for that calcadar year computed in accordance with the companies' rules, rates, rating plans (other than the Industry Credit Rating Plan), premiums and minimum premiums applicable to this insurance;
" reserve premium" means that portion of the standard premium paid to the companies and specifically allocated under the Industry Credit Rating Plan for incurred losses. The amount of the " reserve premium" for this policy for any calendar year during which this policy is in force is the amount designated as such m the Standard Premium Endorsement for that calendar year;
" industry reserve premium", for any calendar y~ar,is the sum of the reserve premiums for that calendar year for all Nuclear En rgy Liability Policies issued by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Lir.bility Underwriters and subject to the Industry Credit Rating Plan;
" policy refund ratio", for any calendar year, is the ratio of the named insured's reserve pre-mium for that calendar year to the industry reserve premium for that calendar year;
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" incurred losses" means the sum of:
(1) alllosses and expenses paid by Nuclear Energy Liability Insurance Association and M i-tual Atomic Energy Liability Underwriters, and (2) all reserves for unpaid losses and expenses as estimated by Nuclear Energy Liability In-surance Association and Mutual Atomic Energy Liability Underwriters because of obligations assumed and the expenses incurred in connection with such obligations by members of Nucl:ar Errgy Liability insurance Association and Mutual Atomic Energy Liabilit Underwriters under all Nuclear Energy Liability Policies issued by Nuclear Energy Liabilit Insurance Association and Mutual Atomic Energy Liability Underwriters and sub-ject to e Industry Credit Rating Plan;
" reserve for refunds", at the end of any calcadar year, is tl'e amount by which (1) the sum of allindustry reserve premiums for the period from January 1,1957 through the end of such calendar year exceeds (2) the total for the same period of (a) allincurred losses, valued as of the next following July 1, and (b) all reserve premium refunds made under the Industry Credit Rating Plan by members of Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters;
' industry reserve premium refund", for any calendar year, is determined by multiplying the reserve for refunds at the end of the ninth calendar year thereafter by the ratio of the indus-try reserve premium for the calendar year for which the premium refund is being determined to the sum of such amount and the totalindustry reserve premiums for the next nine calendar years thereafter, provided that the industry reserve premium refund for any calendar year shall in no event be greater than the industry reserve pre nium for such calendar year.
(2) Payment of Advance andStandard Premiums The nam:d insured shall pay the companies the advance premium stated in the declarations, for the period from the effective date of this policy through December 31 following. Thereafter, at the beginning of each calendar year while this policy is in force, the named insured shall pay the advance premium for such year to the companies. The advance premium for each calendar year shall be stated in the Advance Pre.
mium En.dorsement for such calendar year issued to the named insured as soon as practicable prior to or after the beginning of such year.
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Nucirr Energy Liability insur:nc3 NUCLEAR ENERGY LIA8ILITY INSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)
The named insured, acting for himself and every other insured under t he policy, and the -
members of Nuclear Energy Liability Insurance Association agree as follows:
- 1. - With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the con-struction, possession, or operation of the facility, or (b) arises out-of or results from or occurs in the course of the transportation of nuclear material to or from th'e facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:
(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening causes, whether involving the l
conduct of a third person, or an act of God, (2)'any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof, but in no event more than twenty years after the date of the nuclear incident.
The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.
2.
The waivers cet forth in paragraph 1. above do not apply to (a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a.nucicar incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of and in connection with the-activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or re-quired to be provided under any workmen's compensation or occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for
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damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting f rom such death but not to exceed the maximum amount otherwise recoverabic under such law.
NE-33a
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3.
The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms other than this endorsement; provided, however, that with respect to bodily in-jury or property damage resulting from an extraordinary nuclear occurrence, In-suring Agreement IV, " Application of Policy", shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy period by the nuclear energy hazard and (b) 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.
Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial pro-tection required of the named insured; (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and f
(c) the limit of liability provisions of Subsection 170e. of the Atomic Energy Act of 1954, as amended.
Such waivers shall not preclude a defense based upon the failure of the claim-ant to take reasonable steps to mitigate damages.
4.
Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above
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shall be judicially enforceab.le in accordance with their terms against any insured in an action to recover damages because of bodily injury or property damage to which the policy applies as proof of financial protection.
5.
As used herein:
" extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.
" financial protection" and " nuclear incident" have the meanings given them in the Atomic Energy Act,of 1954, na amended.
- claimant" means the' person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal represent-atives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
Effective Date of this Endorsement June 1, 1984 To form a part of Policy No NF-288 12:01 A.M. Standard Time issued to Carolina Power & Light Company Date of issue May 23. 1984 For the su scribing co panies By j f General Manager Endorsement No 2
Countersigned by'/NM
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NE-33a (1/../ 77)
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Nuclear Energy Liability insurance NUCLEAR fiNERGY LIABILITY INSURANCE ASSOCIATION i
SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT (NE-33a) with respect to an extra-ordinary nuclear occurrence occurring at the facility, a claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating licer.se has been issued by the Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(1) the claimant is employed exclusively in connection with the construction of a nuclear reactor, including all related equipment and installations at the facility, and (2) no operating license has been issued by the Nuclear Regulatory Commission with respect to
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the nuclear reactor, and (3) the claimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility.
1 Effective Date of NF-288 this Endorsement June 1,1984 To form a part of Policy No 12:01 A.M. Standard Time issued to Carolina Power & Light Company For the su scribing co panies Cate of issue _ _May 23. 1984 1
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3 Endorsement No Countersigned by -
NE-39a (1/1/77)
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Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION i
ADVANCE PREMIUM AND STANDARD PREMIUM END0RSEMENT CALENDAR YEAR 1984 It is agreed that Item 5 of the Declarations " Advance Premium" is amended to read:
ADVANCE PREMIUM:
It is agreed that the Advance Premium due the companies for the period designated above is: $ 100.00 STANDARD PREMIUM AND RESERVE PREMIUM: In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the provisions of the Industry Credit Rating Plan, the Standard Premium is said Advance Premium and the Reserve Premium is:
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$ 67.00 4
Etiective Date of this Endorsement June 1, 1984 To form a part of Policy No NF-288 12:01 A.M. Standard Time issued to Carolina Power & Light Company Date of issue May 23. 1984 For the su scribing co panies ikauw 0,
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Nuclear Energy Liability In:urance NUCLEAR ENER3Y LIABILITY INSURANCE AISOCIATION c
AMENDATORY ENDORSEMENT
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Tlndemnified Nuclear Facility)
It is agreed that:
I.
In Insuring Agreement III, " DEFINITIONS" A.
The first sentence of the definition of " nuclear facility" is amended to read:
" nuclear facility" means ' the facility" as defined in any Nuclear Energy Liability Policy (Facility Fonn) issued by Nuclear Energy Liability Insurance Association or by Mutual Atomic Energy Liability Underwriters.
B.
The definition of " indemnified nuclear facility" is replaced by the following:
" indemnified nuclear facility" means (1) "the facility" as defined in any Nuclear Energy Liability Policy.(Facility Form) issued by Nuclear Energy Liability Insurance Association or by Mutual Atomic Energy Liability Underwriters, or f,
(2) any other nuclear facility, if financial protection is required pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, with respect to any activities or operations conducted thereat; C.
Solely with respect to an " insured shipment" to which this policy applies as proof of financial protection required by the Nuclear Regulatory Commission, Subdivision (2) of the definition of " nuclear energy hazard" is amended to read:
(2) the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including the handling' and temporary storage incidental thereto, within (a) the territorial limits of the United States of America, its territories or possessions, or Puerto Rico; or (b) international waters or airspace, provided that the nuclear material is in the course of transportation between two points located within the territorial limits descr' bed in (a) above and there are no deviations in the course of
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the transportation for the purpose of going to any other country, state or nation, except a NC-59 Page 1 of 4 (1/1/82)
(over)
y deviation in the course of said trans-portation for the purpose of going to or returning from a port or place of refuge as the result of an emergency.
D.
The definition of " insured shipment" is replaced with the following:
" insured shipment" means a shipment of source material, special nuclear material, spent fuel or waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, herein called " material",
(1) to the facility from any location except an indemnified nuclear facility, but only if the transportation of the material is not by predetennination to be interrupted by removal of the material from a transporting conveyance for any(purpose other than the continuation of its transportation, or 2) from the facility to any other location, but only until the material is removed from a transporting conveyance for any purpose other than the continuation of its transportation.
E.
As used herein, " financial protection" has the meaning given it in the Atomic Energy Act of 1954, as amended.
II. Insuring Agreement IV is replaced by the following:
IV APPLICATION OF POLICY This policy applies only to bodily injury or property damage (1) which is caused during the policy period by the nuclear energy hazard and (2) which is
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discovered and for which written claim is made against the insured, not later than ten years after the end of the policy period.
III. Condition 2 is replaced by the following:
2 INSPECTION; SUSPENSION The companies shall at any time be permitted but not obligated to inspect the facility and all operations relating thereto and to examine the insured's books and records as far as they relate to the subject of this insurance and any property insurance afforded the insured through American Nuclear Insurers.
If a representative of the companies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hazard, a representative of the companies may request that such condition be corrected without delay.
In the event of non-compliance with such request, a representative of the companies may, by notice to the named insured, to any other person or organization considered by the companies to be responsible for the continuation of such dangerous condition, and to the United States Nuclear Regulatory Coninission, suspend this insurance with -
respect to the named insured and such other person or organization effective 12:00 midnight of the next business day of such Commission following the date that such Commission receives such notice. The period of such suspension shall terminate as of the time stated in a written notice from the companies to the named insured and to each such person or organization that such condition has been corrected.
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.NE-59 Page 2 of 4 (1/1/82)
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Neither the right to make such inspections and examinations nor the making thereof nor any advice or report resulting therefrom shall constitute an undertaking, on behalf of or for the benefit of the insured or others, to detemine or warrant that such facility or operations are safe or health-ful, or are in compliance with any law, rule or regulation.
In consideration of the issuance or continuation of this policy, the insured agrees that neither the companies nor any persons or organizations making such inspections or examinations on their behalf shall be liable with respect to injury to or destruction of property at the facility, or any consequential loss or expense resulting therefrom, or any loss resulting from interruption of business or manufacture, arising out of the making of or a failure to make any such inspection or examination, or any report thereon, or any such suspension of insurance, but this provision does not limit the contractual obligations of the companies under this policy or any policy affording the insured property insurance through American Nuclear Insurers.
IV. Condition 4 is replaced by the following:
4 LIMITATION OF LIABILITY; COMMON OCCURRENCE Any occurrence or series of occurrences resulting in bodily injury or property damage arising out of the radioactive, toxic, explosive or other hazardous properties of (a) nuclear material discharged or dispersed from the facility over a period of days, weeks, months or i'
longer and also arising out of the properties of other nuclear material so discharged or dispersed from one or more other nuclear facilities insured under any Nuclear Energy Liability Policy (Facility Fonn) issued by Nuclear Energy Liability Insurance Association, or (b) source material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content in the course of transportation for which insurance is afforded under this policy and also arising out of such properties of other source material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content in the course of transportation for which insurance is afforded under one or more other Nuclear Energy Liability Policies (Facility Form) issued by Nuclear Energy Liability Insurance Association, shall be deemed to be a common occurrence resulting in bodily injury or property damage caused by the nuclear energy hazard.
With respect to such bodily injury and property damage (1) the total aggregate liability of the members of the Nuclear Energy s
Liability Insurance Association under all Nuclear Energy Lia-bility Policies (Facility Form), including this policy, appli-cable to such common occurrence shall be the sum of the limits NE-59 Page 3 of 4 (1/1/82)
(over)
of liability of all such policies, the limit of liability of each such policy being as determined by Condition 3 thereof, but in no event shall such total aggregate liability of such members exceed $124,000,000; (2) the total liability of the companies under this policy shall not exceed that proportion of the total aggregate liability of the members of Nuclear Energy Liability Insurance Association, as stated in clause (1) above, which (a) the limit of liability of this policy, as determined by Condition 3, bears to (b) the sum of the limits of liability of all su~ch policies issued by such members, the limit of liability of each such policy being as detennined by Condition 3 thereof.
The provisions of this condition shall not operate to increase the limit of the companies' liability under this policy.
V.
The second paragraph of Condition 12, "0THER INSURANCE", is amended to read:
If the insured has other valid and collectible insurance (other than such concurrent insurance or any other nuclear energy liability insurance issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters to any person or organization) applicable to loss or expense covered by this policy, the insurance afforded by this policy shall be excess insurance over such other insurance; provided, with respect to any person who is not employed at and in connection with the facility, such insurance as is afforded by this policy for bodily injury to an employee of the insured arising out of and in the course of his
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employment shall be primary insurance under such other insurance.
VI. Paragraph (c) of Condition 16, " COMPANY REPRESENTATION", is amended to read:
(c) Nuclear Energy Liability Insurance Association is the agent of the companies with respect to all matters pertaining to this insurance. All notices or other communications required by this policy to be given to the companies may be given to such agent, at its office at The Exchange, Suite 245, 270 Farmington Avenue, Farmington, Connecticut 06032, with the same force and effect as if given directly to the companies.
Any requests, demands or agreements made by such agent shall be deemed to have been made directly by the companies.
!s June 1, 1984 To form a part of Policy No NF-288 dor ment I
12:01 A.M. Standard Time Issued to Carolina Power & Linht Company For the a cribing co panies Date of issue May 23. 1984 By (j,
General Manager Countersigned byA ' ','"./.
6-5
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- Endorsement No NE-59 Page 4 of 4 (1/1/82)