ML20113H995

Forwards Certificate N-101 to Nelia Policy 1 & Certificate M-101 to Maelu Policy 1,evidencing Secondary Financial Protection for Facility

ML20113H995
Person / Time
Site:	Byron
Issue date:	01/16/1985
From:	Oster J COMMONWEALTH EDISON CO.
To:	Saltzman J NRC OFFICE OF STATE PROGRAMS (OSP)
References
NUDOCS 8501250396
Download: ML20113H995 (14)

Text

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Commonwealth Edison i ;, 72 West Adams Street, Chicago, Illinois Address Reply to: Post Offce Box 767 i

Chicago, Illinois 60690 0767 January 16, 1985 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-101 and M-101 evidencing Secondary Financial Protection for Byron Unit 2.

Sincerely,

.647 J. Oster Insurance Administrator JO

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8501250396 850116-

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NUCLEAR ENERGY LIABILITY INSURAtlCE ASSOCIATI0ft THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON FOR INSURANCE COVERAGE UNDER THE MASTP @UCV - NUCLEAR ENERGY Cortificate No. H-101 LIABILITYINSURANCE(SECONDAPY PN"/l4 N01EC110N). NO INSU JCE IS AFFORDEn sy Tais cr'an Forming Part of Master 1M FA ~

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JOHN VICE iDENT-LIABILITY UNDERWRiilNS -

Policy No.

I AMERfCAN NUCLEAR lh5UfiERS CERTIFICATE OF INSURANCE DECLARATIONS AND 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 th'e Master Policy -

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

Such insurance as is provided by the Master Policy applies, through this certificate, only:

(a) to the _ insureds identified in Iteins 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 l-(1) with respect to which lthe primary financial protection-described in Item 4 of the Declarations would apply but for exhaustion of its limit of liability as described in Co'ndition 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 NSFC-1 (1/1/83)

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(3) which is discovered and fer which written claim is made against the jnsured not later than ten years after the end of the certificate period stated in Item 6 of the Declarctions.

However, with respect to bodily injury or property damane caused by an extraordinary nuclear otuurrence this subparagraph (3) shall not operate to bar coverage for bodily injury or property damaoe which is discovered and for which written claim is made against the ins'ured not la'ter'than twenty years after the date of the extraordinary nuclear occurrence.

Declarations Item 1.

Named insureds and addresses:

(a) Commonwealth 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 prdtection iden.tified in Item 4 of the Declarations but for exhaustion of the limit of liability of such primarv financial protection.

Item 3.

Description and location of nuc. lear reactor:

Unit 2 of the Byron Nuclear :

Station located in Ogle County, Illinois.

Item 4.. (a)

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

Iluclear Energy Liability Insurance Association's Policy flF - 277

$124,000,000 Mutual Atomic Energy Liability Underwriters' Policy !4F-114

$ 35,000,000 Page 2 of Certificate flo. fl-101 e

(b) The following endorsements, attached to the primary f.

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

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protection specified in Item 4 (a) above are not sh' red with a

any other reactor except as follows:

Unit 1 of the Byron Nuclear Station.

Item 5.

Limits of Liability: The amount of retrospective premium actually received by th'e companies plus the amount of the companies' con-tingent liability, ~1f 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 Fac'.lity Operating Lice'nse issued by the United States Nuclear Regulatory Commission for the reactor described in Item ^3 of ~this certificate becomes effective and continuing to the effedtive'date and time of cancellation or termination of the Master Policy or this

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t certificate, whichever first o curs, eastern standard time.

Item 7.

Maximum retrospective premium (exclusive of allowance for. premium-taxes) payable pursuant to Condition 2 of the Master Policy with

- respect 'to each nuclear incident:

$3,875,000.

- Item 8. l Portion of the annual premium payable for the companies' contingent liability described -in Condition 4 of 'the Master Policy from the-

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effective da' te' hereof to.the end of calendar year 11984

..The pro rata. portion of- $4,650 for the period from:the' effective date of Tthis certificate tc the' end of the calendar year during which;such

- effective date occurs.

Page 3 of Certificate No. N-101-77 y

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BOND FOR PAYMEtlT OF PETROSPECTIVE 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 meraers of fluclear Energy Liability Insurance Association subscribing the : taster Policy (hereinafter called the " companies") to pay to the companies all retrospective premiugs and allowances for premium taxes which shall become due and payable in accordance with the Master Policy, as it may be changed from time to time, with interest on such premiums and allowances for taxes to be computed at the rate provided in the Master Policy from the date pay-ment thereof is specified to be due the companies in written notice to the first named insured as provided in Condition 2 of the Master Policy until paid; And it is hereby expressly agreed that copies of written notices of retro-spective premiums and allowances for premium taxes 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 L kind or nature (including but not limited to interest, court costs, and counsel fees) which the con >panies 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 flotary Public to be a true copy harcof shall be regarded as an original.

Page 4 of Certificate flo. N.101

'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 Named Insureds:

Commonwealth Edison Company (Named sured - Type or Print)

By (SEAL)

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(Signatd of Of cer)

Harlan 1.

ellsy, Staff Counsel (Type or Print Name & Title of Officer)

Date: November 20, 1934 (Named Insured - Type or Print)

By (SEAL)

(Signature of Officer)

(Type or Print Name & Title of Officer)

Date:

(llamed Insured - Typa or Print)

By (SEAL)

(Signature of Officer)

(Type or Print Name & Title of Officer)

Date:

Pace. 5 of Certificate f o.!I.101

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IN WITNESS WHEREOF, the companies subscribing the Master Policy have caused the Certificate of Insurance and the Declarations to be signed on their behalf by the President of Nuclear 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 NUCLEAR Et GY LIABILITY INSURAtlCE ASSOCIATION i

b. O c-f 4 __ BY:

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Burt C. Proom, President MARSH 0: MOLENNAN AG2NOY, Inc.

Countersigned by mv

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'T Page 6 of Certificate No. N.101 O

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54CSCRIBI'80 COMPANI(5 Pe0P0efitylg Aetna Casvalty & Surety Co.. The. ISI Faretagton Avenue. Isartford, CT 06154 Affsitated in lasurance Co.. Alleadele Part. P.Q. 90s 7500. Johnston. At 02919 3.75s41 Alliant lasuraate Ceeonay. 6435 Wilshire 01:4.. tes Angeles. CA 900a8

.2502; Allstate laterance Co..

American upse Assurance Company. 70 Ptne Street, new York, af 100051 Allstate tone'l Ptera.

• TIA. 51 West Wt9glas Ad.

1.33an2 4.s7113 American ttotarists lasurance Cearaar. Long Grove. IL 60049

.37505 tit 6anos Casually Corporatten. 32018th 5t.. aect Island. IL 61201

.41707 Centeantal lasurance Campany. At.aatic Sulletag. 45 Wall Street. New fort, af 10005 41707 Casaertial Untoa lasurance Co.. Cae Beacoa Street. Destaa. M4 02104

.25025 Canacct6 cut ladeaalty Company. The. 9 Fare Springs 8d.. Faretasten. CT 04032

- 3.33656 Continental Casualty Co.. CHA Plata. Cntceto. IL 60645

.41707 Centtaental lasurance Co. the. 2 Corporatten Place South. Ptscataway. HJ 08054 4.50435 f ederal lasurance Co. 5I Joha 7. Keaaedy Park sy, short nells NJ 07078 2.71579 Ilrenen's f vad lasurance tcs,aates. P.O. Boa 777. Novato. CA 94998 1.50145 Gomeral Accident lasurance Company of Amertes. 414 Walavt 5t.. Philadelphia. PA 19105 5.33849 6eaeral lasurance Cowaar of Merica. Safece Plata. Seattte. WA 98185 1.34462 Haeover lasera< *e Co.. The. 440 tlacola 5t.. Worcester. M4 01605 1.66828 Hartford Acencent and lademnity Co.. IAe. Martford Plead. Martford. CT 06115

.50048 Martford 5 teem 8stler Insp.4 Ins. Co.. Tae. 54 Prospect St.. Hartford CT 06102 2.09020 Nigala es laturanca Co.. sGO Jef ferson St.. Houstoa. II 17002

.58389 f Mune le.demity Co.. Tae. 59 Maiden Lane. New Tset. NT 10038

.53365 lasurance Co. of north Aretica c/o ClG*4A.10 Rectefeller Plars. New York. NT 10020 3.83511 Missson lasurance Company. 2601 Wttsntre 81,4.. Les Angeles. CA 9A57Metropol6$.ta Prop. 5 Lisa. lasuraa 4.83801 1.66828 tienersh Insurance Co. of Chie. The.19 8ector St.. New York. 47 10004

.50044 fletors lasu ance Correration. 3044 West Grand Blvd.. Detroit MI 48202

.33365 r

Northwes era t.'ational lasurance (capany.131 No. Jackson St.. Milwantee. WI 53202

.16683 lhile Casualty lasura.ca Coscany, ine.134 North Third St.. Mantlton. OM 45025

.93424 Pacittc ladespitty Co.. $1 Jona f. teanedy Part=ay. Short Ntlis. NJ 07078

.36683 Protectt.e lasuraace Co. 310J Norts Mertelan St.. fadianapolts, til 46206 41707 Presidence Wasilagte.e in:vrance Co. 20 Washington Place. Prowlaeace. RI.12903

.08341 i

Reliance lasurante Coreaar. 4 Pena Center Plata. Palladelonia. PA 19103

.36643 Sepal lasuraate Co.cany of Merica. ISO Willtee Street. New York av l0034 1.00C97 St. Paul 8 6re & Martae lat. Co., 385 Washlagtoa St.

St. Pavl. pel 55102 3.50J38 5eaboard Sarety Co. 90 William St.. tacw fort af 10038 5.05822 State f arm fire & Casualty Compaar.112 (ast Wasnta9 ton St. Blocalagton. IL 617bl

.56683 Transamerica lasuraace (capany P.O. 80s 54254. Los Angeles. CA 90054

.83414 fransport la**mity Company, 3670 utishire sted.. Los Angeles. CA 90010

.83414 Iravelers ladeaatty Coppany. Tae. Cae Tower Square. Martford. CT 06115

.08341 tialted States fldelity and Guaranty Co.. P.O. Box !!38. Saltimore. MD 21203 10.84332 lbs6ted States fire lasurance Co.. P.O. Sea 2387. Morristown RJ C?960 10.76041

. thelversal imederereters Insurance Co. 5815 Cat 5treet sensas City. MO 64112 3.06613 2erich lasuraace Co., 231 ano. Martta9 ale Rd., Scnaw bert. IL 60196 a

.166a3 NE-81e 1.25120 a

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e MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL 4

- CERTIFICATE, BEARING THE NUMBER DES!GNATED HEREGN, FOR INSURANCE COVERAGE UNDER THE GST A PCirY-4UCLES.R ENERGY Certificate No.

M-101 LiABD ITY iNSUR/,NCE (SC^#!TaY HNr ;:.s 9J12CTiota N0 thSUt NCE OR Tr Forming Part of Haster mc a.x m

EE.Fn 1 DENT-UASluiY UNDERWRITING Policy No.

1 AMER CAN Nt; CLEAR INSURERS CERTIFICATE OF IriSURANCE DECLARATIONS Afl0 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 und'er 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 certificate, only:

(a) to the insureds identified in Items 1 and 2 of the Declarations, (b) for the certificate period stated in Item 6 of the Declarations, (c) to bodily injury or property damage

.(1) with respect to which the primary financial protection 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 i

j 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)

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

However, with respect to bodily injury or property damage caused by an extraordinary nuclear occurrence this subparagraph

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(3) shall not operate to bar coverage for bodily injury or property damage which is discovered and for which written claim is made against the insured not later than twenty years after the date of the extraordinary nuclear occurrence.

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Declarations

' Item 1.

Named insureds and addresses:

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

L Item 2.

Additional insureds:

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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 2 of the Byron Nuclear.

Station located in Ogle County, Illinois.

. Item 4.

(a)

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

Nuclear Energy Liability Insurance Association's Policy NF-277

$124,000,000 Mutual Atomic Energy Liability Underwriters' Policy MF-114

$36,000,000 Page 2 of Certificate No.

M-101 se s

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(b) The following endorsements, attached to the primary

._y g-financial protection policies listed in Item 4 (a) also J

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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

~0ccurrence)and (2) Supplementary Endorsement - Waiver of Defenses - Reactor Construction at the Facility, (c) The limi.ts of liabili.ty provided under the primary financial protection specified in Item 4 (a) above are not shared with any other reactor except as follows:

Unit 1 of the Byron Nuclear Station

_, 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

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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.

Maximuni retrospective premium (exclusive of allowance'for premium.

Item 7.

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 1984 : 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-101

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BOND FOR PAYMENT OF RETROSPECTIVE PPEMIUMS g[ -

'Know All Men By These Presents, that the undersigned do hereby acknowledge

-3r 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-

. 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 c'ompanies shall be prima facie evidence of the fact and extent of the liability of the named insureds for such amounts; And it is further expressly agreed that the named insureds will indemnify the companies against any and all liability, losses and expenses of whatsoever kind

- or.. nature (including but not limited to interest, court costs, and counsel fees) which the comp'anies 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 101 g

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-it.. Tt The preceding Certificate of Insurance, Declarations and Bond fann a part of the Master Policy. Cancellation or termination of the Master Policy or the Certificate of Insurance shall not affect the named insured's obligations under the policy or the Bond to pay the retrospective premiums and allowances for premium taxes, as provided in this Certificate and Condition 2 of the Master Policy.

'IN WITNESS WHEREOF, the named insureds have caused this Certificate, these Declarations and this Bond for Payment of Retrospective Premiums, to be

' signed and sealed by a duly authorized officer, to be effective as of the time and date of the inception of the Certificate period.

Attest or Witness Named Insureds:

i' Commonwealth Edison Company

-(Named Insured - Type or. Print),.,,

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By (S'EAL)

!(Sign /tbre of ffi er)

Harlan I. Dellsy,. Staff Counsel

-(Type or Print flame & Title of Officer)

Date:

November 20, 1934 (Named Insured - Type or Print)

(SEAL)

By (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:

Page 5 of Certificate No. M 101 2_.__ g

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r J. l:43 IN WITNESS WHEREOF, 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 ENERGY LIABILITY UNDER e

BY:

Me, -.k_ _, /Q

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, Attthorized AgeritP

' M/MSH C: fMLEMNAN AGENCY, IMO, Countersigned;hy /

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)6Au zed R,cgsentative)e[

Subscribino Companies' PROPORTION' 0F' 100%

American Mutual Liability In,surance Company, Wakefield, MA 15.0000000 Employers Insurance of Wausau, A Mutual Company, Wausau, WI 16.0000000 Liberty Mutual Insurance Comp,any, 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

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of Certificate No. M 101 g

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