ML20100A086

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Forwards Endorsements 1-6 to Maelu Policy MF-114 & Endorsements 11 & 12 to Nelia Policy NF-277
ML20100A086
Person / Time
Site: Byron 
Issue date: 11/26/1984
From: Oster J
COMMONWEALTH EDISON CO.
To: Saltzman J
NRC OFFICE OF STATE PROGRAMS (OSP)
References
NUDOCS 8412030455
Download: ML20100A086 (16)


Text

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[' mN Commonwealth Edison

\\ " ]) MdredRsEiitD5st OHTciiB5i767~

72 West Adams Street, Chicago, ilhnois

\\s j Chicago, Illinois 60690 - 07G7 November 26, 1984 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 the requirements of Part 140.15 of the Commission's Regulations, enclosed are two (2) certified copies of the following:

1.

The declarations page and Endorsements 1 thru 6 for MAELU Policy MF-114.

2.

Endorsements 11 and 12 to NEILA Policy NF-277.

Sincerely, J. Oster Insurance Administrator J0:kt enclosures i

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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITER 5 l

919 North Michigan Avenue, Chicago ll, Illinois Thio 10 to certify that this is a true copy of th] original Declarations and Endorsements 114 Numbered 1 through 6 and being made a part of Nuclear Encigy Liability Policy No. MN tha Nuclear Energy Liability Policy (MF-ll4)

(Facility Form) 7 d rignated hereon.

No Insur*ce is afforded hereunder, gh DECLARATIONS J in L. Quattrocchi, Vice Preside -Liability Underwriting Americcn Nuclear Insurers Item 1.

Named Insurea Commonwealth Edison Company J

Addre.

P.O. Box 767 Chicago, IL 60690 (No.

Street Town or City State)

Item 2.

Policy Period: Beginning at 12:01 A.M. on the 19th day of__0nt.oher

, g9,8_j, and continuing through the eficctive 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:

Locatior, See Endorsement No. 1.
Typ, Pressurized Water Reactor The Operator of the facility i.

Commonwealth __ Edison Comp _any item 4.

The limit of the companies' liability is $_36,009,000 00

__. subject to all the terms of this policy having 3

reference thereto.

Item 5. Advance Premium $_.lJ21.34 Item 6.

These declaratiom and the schedules forming a part hereof give a complete description of the facility, insofar as it relates to the nuclear energy hazard, except as notect NO EXCEPTIONS Date of Issue _ November 2_,_19_84 -

Countersigned by------

Authorised Representative Nuclear F.nergy Liability Policy (Facility Form) 2/1/57 (Second Reviilon)

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Nuclear Energy Liability Insurance I

Mutual Atomic Energy Liability Underwriters AMENDATORY ENDORSEMENT (Indemnified Nuclear Facility)

It is agreed that:

I.

In Insuring Agreement III, "DEFINITIONE*

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 Form) issued by Nuclear Energy Liability Insurance Association or by Mutual Atomic Energy Lia-bility Ur.derwriters.

The definition of " indemnified nuclear facility" is replaced by B.

the following:

" indemnified nuclear facility" means (1)

"the f acility" 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 (2) any other nuclear facilit'y, 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 Solely with respect to an " insured shipment" to which this policy C.

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 innured shipment which is away from any other nuclear facility and is in the course of trans-portation, including the handling and temporary storage inci-dental thereto, within (a) the territorial limits of the United States of America, its territories or possessions, or Puerto Ricos or j

(b) international waters or airspace, provided that the nuclear material is in the course of transportation between two points located within the territorial limits described in (a) above and there are no deviations in the course of the HE-59 Page 1 of 4 (1/1/02)

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(b) transportation for the purpose of going to any other (cont) country, state or nation, except 'a deviation in the course of said transportation 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 pro-duced by the extraction or concentration of uranium or thorium from any oro processed primarily for its source material content, herein called " material", (1) to the facility from any location except an indemnified nucleac facility but only if the transpor-tation of the material is not by predetermination to be inter-rupted by removal of the material from a transporting :enveyance for any purpose other than the continuation of its transportation, or (2) f rom the facility to any other location, but only until the material is removed f rom 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 f _,

IV APPLICATION OF POLICY This policy applies only to bodily injury l

or property damage (1) which is caused during the policy period by the nuclear energy hazard and (2) which is discovered and for l

which written claim is made against the insured, not later than j

ten years af ter the end of the policy period.

III.

Condition 2 is replaced by the following:

2 INSPECTION; SUSPENSION The companies shall at any timo be permitted but not obligated to inspect the facility and all operations relat-ing thereto and to examine the insured's books and records as f ar as they relate to the subject of this insurance and any property i

insurance afforded the insured through any company who is a member of Hutual Atomic Energy Reinsuranco Pool.

If a representative of the companies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hazard, a representa-tive 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 in-sured, to any other person or organization considered by the com-panies to be responsible for the continuation of such dangerous condition, and to the United States Nuclear Regulatory Commission, i

suspend this insurance with respect to the namod insured and such other person or organization effective 12:00 midnight of the next business day of such Commission following the date that such Com-mission receives such notice. The period of such suspension shall

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terminate as of the time stated in a written notice from the com-panies to the named insured and to each such person or organization that such condition has been corrected.

ME-59 Page 2 of 4 (1/1/82)

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 determine or warrant that such f a-cility or operations are safe or healthful, or are in compliance with any law, rule or regulation.

In consideration of the issu-ance or continuation of this policy, the insured agrees that nei-ther 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 f acility, or any consequential loss or expense resulting therefrom, or any loss resulting f rom interruption of business or manufacture, aris-ing out of the making of or a f ailure 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 ob-ligations of the companies under this policy or any policy afford-ing the insured property insurance through any company who is a member of Mutual Atomic Energy Reinsurance pool.

g 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 proper-ties of

(;

(a) nuclear material discharged or dispersed from the facility over a period of days, weeks, months, or longer and also arising out of the properties of other nuclear material so discharged or dispersed from one or more other nuclear f a-cilities insured under any Nuclear Energy Liability Policy (racility Form) issued by Hutual Atomic Energy Liability Underwriters, or (b) source material, special nucitar material, spent fuel, waste, or tailings or wastes produced by the extraction or concen-tration of uranium or thorium from aay ore processed primarily for it.s source material content in the course of transportation for wLich insurance is afforded under this policy and also aris-ing out of such proporties of other source material, special nuclear material, spent fuel, waste, or tailings or wastes pro-duced 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 Nuc1 car Energy Liability Policies (Fa-cility Form) issued by Mutual Atomic Energy Liability Underwriters, shall be deemed to be a common occurrence resulting in bodily injury or property damage caused by the nucioar energy hazard.

With respect to such bodily injury and property damage (1) the total

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aggregate liability of the members of the Mutual Atomic Energy Lia-bility Underwriters under all Nuclear Energy Liability Policies (ra-cility Form), including this policy, applicable to such cocimon occur-rence shall be the sum of the limits of liability of al?. nuch policies, HE-59 Page 3 of 4 (1/1/82)

NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS DESCRIPTION OF THE LOCATION OF THE FACILITY Location of the Facility: All of the premises including the land and all buildings and structures of Comonwealth Edison Company's Byron Nuclear Station (including but not limited to Unita 1 and 4 and the transmission and pipeline corridor to the Rock River) situated on a site consisting of approximately 1782 acres and located 2.2 miles east of the Rock River near the town of Byron in Ogle County, Illinois. The site is approximately 16.8 miles south-west of Rockford, 22.3 miles south-east of Freeport and 28.6 miles west north-west of De Kalb, Illinois.

V Erective Date of To form n part this Endorsement -

October 19, 1984 of Policy No MF-114 Issue to Commonwealth Edison company Date of Issua November 2, 1984 For the Sulneribing Companics

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ML UAL ATOMIC ENEllGY LIABILITY U' )E!!WillTERS

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Endorsement No.

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Liability Underwriters to discharge their obligations with respect to incurred losses whether such losses are incurred under this policy or under any other policy issued by American Nuclear Insurers or Mutual Atomic Energy Liability Underwriters.

(4)

Reserve Premium Refunds.

A portion of the reserve premium for this policy for the first calendar year of any group of ten consecutive calendar years shall be returnable to the named insured provided there is a reserve for refunds at the end of the tenth calendar year.

'(5)

Computation of Reserve Premium Refunds. The reserve premium refund due the named insured for any calendar year shall be determined by multiplying any industry reserve premium refund for auch calencia r ya'r by the policy refund ratio for such calendar year. The reserve premium refund for any calendar year shall be finally determined as soon as practicable after July 1 of the tenth calendar year thereafter.

(6)

Final Premium. The final premium for this policy shall be the sum of standard premiums for each calendar 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 Mutual. Atomic Energy Liability Underwriters subscribing this policy for any calendar rP~

year, or portion thereof, thereby agrees for itself, severally and not jointly, and in the respective proportion of its liability assumed under this policy for that calendar year, to return to the named insured that portion of any reserve premium refund due the named insured for that calendar year, determined in accordance with the provisions of this Condition 1.

Effective Date of To Fo rm a Pa rt this Endorsement October 19, 1984 of Policy No, MF-114 Issued to Commonwealth Edison Company D:te of Issue November 2, 1984 For the Subscribing Companies MUTl"AL ATOMIC ENERGv LIABILIT l$NDERWRITER

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NCL'.~in!AN AG2NCY, INO.

Endorsement No, 2

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Liability Policies issued by ' merican Nuclear Insurers and Mutual Atomic A

Energy Liability Underwriters and subject to the Industry Credit Rating Plan:

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" reserve for refunds," at the end of any calendar year, is the amount by which (1) the sum of all industry reserve premiums for the period from i

January 1,1957 through the end of such calendar year exceeds (2) the total j

for the same period of (a) all incurred losses, valued as of the next l

following July 1, and (b) all reserve premium refunds made under the

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Industry Credit Rating Plan by members of American Nuclear Insurers I

and Mutual Atomic Energy Liability Underwriters r

" industry reserve premium refund," for any calendar year, is determined j

by multiplying the reserve for refunds at the end of the ninth calendar i

year thereafter by the ratio of the industry reserve premium for the

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calendar year for which the premium refund is being determined to the

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sum of such amount and the total industry 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 j

reserve premium for such calendar year.

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j (2)

Payment of Advance and Standarr. Premiums. The named insured shall j

pay the companies the advance premium stated in the declarations, for l

the period from the effective date of this policy through December 31 i

i following. Thereafter, at the beginning of each calendar year while this

) "r policy is in force, the named insured shall pay the advance premium for i

auch year to the companies. The advance premium for each calendar j

year shall be stated in the Advance Premium Endorsement for such l

J calendar year issued to the named insured as soon as practicable prior l

to or after the beginning of such year.

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y As soon as practicable after each December 31 and after the termination t

of this policy, the standard premium for the preceding calendar year

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shall be finally determined and stated in the Standard Premium Endorse-j ment for that calendar year. If the standard premium so determined l

j exceeds the advance premium previously paid for such calendar year, j

the named insured shall pay the excess to the companies; if less, the i

companies sha11 return to the named insured the excess portion paid by j

such insured.

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The named insured shall maintain records of the information necessary j

for premium computation and shall send copies of such records to the companies as directed, at the end of each calendar year, at the end of j

the policy period and at such other times during the policy period as the company may direct.

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(3)

Use of Reserve Premiums. All reserve premiums paid or payable for

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this policy may be used by the members of Mutual Atomic Energy i

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NUCLEAR ENERGY LIABILITY INSURANCE L

MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS INDUSTRY CREDIT RATING PLAN PREMIUM ENDORSEMENT It is agreed that Condition 1 of the policy is replaced by the following:

CONDITION 1.

PREMIUM (1)

Definitions: With reference to the premium for this policy:

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" 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 calendar 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 insurancet 4

" reserve' premium" means that partion 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 i

I is the amount designated as such in the Standard Premium Endorsement for that calendar year:

" industry reserve premium l' for any calendar year, is the sum of the reserve premiums for that calendar year for all Nuclear Energy Liab(11ty Policies issued by American Nuclear Insurers and Mutual Atomic Energy Liability 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 premium for that calendar year to the industry reserve premium for that calendar yearl

" incurred losses" means the sum of:

(1) All losses and expenses paid by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters, and (2) All reserves for unpaid losses and expenses as estimated by American Nuclear Insurers and Mutual Atomic Energy i

Liability Underwriters because of obligations assumed and the expenses incurred in connection with such obilgations by members of American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters under all Nuclear Energy 3.

The waivera set f:rth 12 paragr:ph 1. cbova chall be effcetiva only with rrpent 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 injury er property damage resulting from an extraordinary nuclear occurrence. Insuring 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 hasard 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 protection 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 (c) the limit of liability provisions of Subsection 170 e. of the Atomic Energy Act of 1954 as amended.

Such waivers shall not preclude a defense based upon the failure of the claimant 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 shall

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be judicially enforceable 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.

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5. As used hereing " extraordinary nuclear occurrence" means an event which the

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j Nuclear Regulatory Cossaission has determined to be an extraordinary nuclear occurrence j

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

" financial protection" and " nuclear incident" have meanings given them in the Atomic Energy Act of 1954, I

as amended. " claimant" means the person or organisation actually sustaining the l

bodily injury or property damage and also include his assignees, legal represen-i tatives and other persons or organizations entitled to bring an action for damages j

on account of such injury or damage.

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Esective Den el To fenn

  • i tile Enderemment October 19, 1984 ag[

MF-114 j

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w, Commonwealth Edison Company l

DewelIr November 2, 1984 I

j For the Subseelbing Componise M TUAL ATOMIC ENERGY LIABILITY ERWRITERS gd I.e b b / b Mla y

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MArtSH & McLENNAN AGENCY, INC, j

Countereigned M

.A Endersonant No.

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NUCLEAR ENERDY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS WA1VER OF DEFENSES ENDO.UEMENT (Extraordinary Nuclear Occurrence)

The named insured, acting for himself and every other insured under the policy, and the members of the Mutual Atomic Energy Liability Underwriters 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 construction, 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 the 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 of the insureds, including but not limited to:

(i) negligence, h_.

(ii) contributory negligence, (iii) assunption or risk, and (iv) unforeseeable intervening causes, whether involved the 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 set 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 nuclear 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 required to be 4

provided under any workers' 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 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 from such death but not to exceed the maximum amount otherwise recoverable under such law.

NUCLEAR ENERGY LIABILITY INSURANCE L

1.!UTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS o

Supplementary Endorsement Waiver of Defenses Reactor Construction at the Facility It is e greed that in construing the application of paragraph 2 (b) of the Waiver of Defenses Endorsement with respect to an extraordinary 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 license has been issued by the Nuclear Regulatory Commission shall not be considered as employed in connection with t1 e 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 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.

l Effective Date of To Fo rm a Pa rt this Endorsement October 19, 1984 of Policy No.

MF-114 Issued to Conunonwealth Edison Company Date November 2, 1984 For the Subscribing Companies Mutu 1 Atomic Energy Liability Underw ers e-I. C

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By i

MARSH,& McLCNNAN AGENCY, INC' Endorsement No.

4 Countersigned by

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E io rize epre ME-39a l

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NUCLEAR ENERGY LIABILITY INSURANCE

(

MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS i

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ADVANCE PREMIUM ENDORSEMEfff and STANDARD PREMIUM ENDORSEMEffr Calendar Year 1984 1.

ADVANCE PREMIUM It is agreed that the Advance Premium due the companies for the calendar year designated above is $

1.021.54 2

STANDARD PREMIUd 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 and Reserve Premium are:

Standard Premium

$ 1,021.54 Reserve Premium S

684.43 Effective Date of To form a part this Endorsement October 19, 1984 of Policy No, MF-114 Iceued to Commonwealth Edison Company Date of Issue November 2, 1984 For the Subscribing Companies MirrU L ATOMIC ENERGY LI, ABILITY UNDER ITERS By g ).

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T wv MARSH & MC:LENNAN AGENCY, INc.

j Endorsement No.

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ME-41

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the limit of liability of each such policy being as determined by f

Condition 3 the'reof, but in no event shall such total aggregate liability of such members exceed $36,000,0003 (2) the total liability of the empanies under this policy shall not exceed that proportion of the total aggregate liability of the members of Mutual Atomic Energy Liability Underwriters, as stated in clause (1) above, which (a) the limit of liability of this policy, as detemined by Condition 3, bears to (b) the sum of the limits of liability of all such policies issued by such members, the limit of liability of each such policy being as determined 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,'"OTHER 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 in-surance issued by Nuclear Energy Liability Insurance Association or Mutual Atm ic Energy Liability Underwriters to any person or organi-zation) a,N icable 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 em-ployed 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 employment shall be primary insurance under such other insurance.

VI.

Paragraph (c) of Condition 16, " COMPANY REPRESENTATION", is amended to read:

(c) Mutual Atomic Energy Liability Underwriters 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 One East Wacker Drive, Chicago, Illinois 60601, with the same force and effect as if given directly to the empanies. Any requests, demands or agreements made by such agent shall be deemed to have been made directly by the companies.

Effective Date of To Form a Part This Endorsement October 19, 1984 of policy No, MF-114 12:01 A.M. Standard Time Issued to Commonwealth Edison Company Date of Issue November 2, 1984 For he Subscribing Cp p..'-

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MARSH & McfLENNAN IbE Y, INC.

Endorsement No.

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6 Nuclear Energy Liabilliy insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION

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INCREASE OF LIMIT OF LIABILITY ENDORSEMENT It.is' agreed that:

1.

The ' limit of liability stated in Item 4 of the declarations of the policy is amended to read $ 124,000,000.00 This amended limit applies with respect to obligations assumed or expenses incurred because of bodily injury or property damage caused, during the period from the effective date of this endorsement to the date of tennination of the policy, by the nuclear energy hazard.

2.

The limit of liability stated-in Item 4 of the declarations and the amended limit of liability stated in paragraph 1 above shall not be cumulative, and each payment made by the companies after the effective date of this endorsement for any loss or expense covered by the policy shall reduce by the amount of such payment both the limit of liability stated in Item 4 of the declarations and the amended limit stated in paragraph 1 above, r'egardless of which limit of liability applies with respect to bodily injury or property damage out of which such loss or expense arises.

This is to certify that~ thi's Is a true copy of the erfgInaT Endorsement having the endorsoment number and being made part of the ITuclear Energy Liability Policy 'Pacility Form) as des-ignated horeon. lio In'surance is afforded hereunder.

Jo i I Quattrocchi. Vice Premdent Liability L 4.

Ama"cn Nur' ear Inn"s Ef e e Da c'

,nl, October 19 1984 To form a part of Policy No NF-277 0,..nt 12:01 A.M. Standard T6me Issued to Commonwealth Edison Company l

Date of issue November 1, 1984 For the su icribing c[:i panies By A

/ F General Manager Endorsement No 11 Countersigned by

Nuclear Energy Liebility Insurance NUCLEAR ENERGY L! ABILITY INSURANCE ASSOCIATION ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1984 It is agreed that Items la. and Ib. of Endorsement No.

8 are acended to read:

la. ADVANCE PREMIUM:

It is agreed that the Advance Premium due the companies for the period designated above is:

$ 5,414.94 Ib.

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: $ 3,628.01 Additional Premium:

$ 3,035.64 This is to certify tha't this is a true copy of the original Endorsenent having the endorsement number and boing made part of the Nuclear Energy Liability Folicy (Facility Form) as des-ignated hereon. No Insurance is afforded hereunder.

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Js i L Q:ntinx i. Vi-o l'rement Leffd rberw Amencun Nadur Insurers l

Effective Date of ttus Endorsement January 1, 1984 12:o1 A.M. Standard Time To form a part of Policy No NF-277 issued to Commonwealth Edison Company l

Date of issue November 1. 1984 For the su 6cribing co panies By l

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General Manager Encorsement No 12 Countersigned by NE-36

.