ML20127H310

Forwards Endorsements 1,2,3,4,5 & 6 to Nelia Policy NF-174

ML20127H310
Person / Time
Site:	Monticello
Issue date:	06/10/1969
From:	James Anderson NORTHERN STATES POWER CO.
To:	Price E US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 9211180481
Download: ML20127H310 (11)

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NORTHERN STATES POWER C O M P A' N Y M A N N E A PO 4.l s, M ) N N E 8 0T A 55401 June 10,1959 gegggq CC.f Mr Eber R Price, Director LYvicion of State & Licensee Relationc Atomic Energy Cc:riccion Wachington, D C 20545 RE Nuclear Energy Liability Incurence Accociation Policy I;a IT-174 Monticello Euclear Plant Denr Mr Price The Uuelear Energy Liability I.ncurance Accociation hac now iccued the above. policy effective June 9,1969 in the amount cf $1 million for the Monticello Nuclear Plant of Northern States Pover Company located near Monticello, Minnecota. Enclosed are six copiec of l

tre declarations along with the firct six endorsement a for thic pclicy. The fem in the standard nuclear energy liability policy (facility fom) iccued by NELIA.

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JOHN V ANDERSON General Superintendent Insurance & Property Protection JVA:bt Enclocu es ec Mr L 0 Mayer i

Attention.

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NERGY LIABILITY INSURANCE ASSOCIATION 3D sV)'

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DECLARATIONS

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.m l. Named insured Address Minneapolis, Minnesota (No.

Street Town or City State) 9th day of June 19.5.9._, and continuing through em 2. Policy Period: Beginning at 12:01 A.M. on the the effective date of the canceiadon or termination of *his policy, standard time at the address of the named insured as stated herein, em 5. Deuription of the facility:

All buildings and premises owned, occupied or used by the named insured Location incun as the Monticello Nuclent Plant which i<: inenend nnnenvimnenly fnvey /Lni miles northwest of Minneapolis, Minnesota on the Mississippi River.

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'is -n true creyr o f This is to ce rtifgtha,t.g_h;-.x..~

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the origins 1 nauvi.nzwi. 20.

a a p.r 6 ot Policy (Facility Form) No. NF / 7 Y 10 h.rutanco le.n.f&rud hereundo;.]

f Power Reactor

77p, tId Northern States Power Company The Operator of the facility is em 4. we limit of the companies' liability is $. 1,000,000 subject to all the terms of this Policy having reference thereto.

100.00 em 3. Adenxe Premium $

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tem 6 These declarations and the schedules ictming a part hereol give a compicte description of the facility, insofar as it relates to the nu ear no exceptions energy hasard, except as noted i

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NUCLEAR ENERGY LIABILITY POLICY (FACILITY FORM) i i

AMENDMENT OF TRANSPORTATION COVERAGE (Indemnified Nuclear Facility) f C

It is agreed that the de6nition of "ansured shipment" in insuring Agreement Illis arnended to read:

"imre/ s6ermes" means a shipment of source material, special nuclear material, spent fuel or weste, herein called "rnaterial," (1) to the facility from any lo:stion except an indemni6ed nuclear facility, but only if the transportation of the material is not by predetermination to be interturted i

by removal of the material from a transporting conveyance for any purpose other than the continuation of its transportation, or (2)' from the i

facihty to any other location, but only until the material is renoved from a trartsporting conveyance for any purpose other than the continuation of sts transportation."

4 This is to certify that this Endorscrent Ko. / is a truo copy of wade a Irrt cf Nucloar Enorgy Liability l

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Policy (Facility Form) No. NF / 7 I

.16 insuranco is afforded horcunder.

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Effective Date of June 9,1969 1

this Endorsemen, To form a part of Polic7 No 12:01 A.M. Standard Time Northern States Power Company 3,,, g,,

June 9, 1969 l

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for the Subscribing Companies

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- Address of Nucicar Energy Liability Insurance Association Endorsernent It is agreed that the adress of the Nuclear Energy Liability Insurance Association appearing in the " Company Representation". condition of the policy de amended to read:

"85 John Street, New York, New York 10038" I

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-i Charica T. Bollnaa. Undorariting Cana;cr Nuolear Enargy Liability Insurance Association this Endorsemen, To form a part of Pong No

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June-9, 1969 12:01 A.M. Sundard Tame Northern States = Power Company.

June 9, 1969' For & Subur&ing Compsala g 3, I

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..vuuur useau/ '*uou"/ "um uiku NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDATORY ENDORSEMENT (Facility Form)

It is agreed that:

L 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 Liability Underwriters.

IL 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 (2) any other nuclear facility, l

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; IIL Condition 4 is replaced by the following:

LIMITATION OF LIABILITY; COMMON OCCURRENCE Any occur-l rence or series of occurrences resulting in bodily injury or property damage arising out of the radioactive, toxic, explosive or other hazardous properties of I '

(a) nuclear material discharged or dispersed from the facility over a period of days, weeks, months or longer and also arising out of such properties of other nuclear material so discharged or dis-persed from one or more other nuclear facilities insured under any Nuclear Energy Liability Policy (Facility Form) issued by J

l Nuclear Energy Liability Insurance Association, or

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l (b) source material, special nuclear material, spent fuel or waste 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 or waste 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, i

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

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total aggregate liability of the members of Nuclear Energy Liability i<

Insuranco Association under all Nuclear Energy Liability Policies tv...nu., v a

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n m it m e emin im toe uma ut u,' minu

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the limit of liability of each such policy being as determined by Condi.

tion 3 thereof, but in no event shall such total aggregate liability of such members exceed $40,500.000; (2) the total liability of the com-panies under this policy shall not exceed that proportion of the total aggregato 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 ofliability 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.

IV. 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 nucicar enerry liability insuranco issued by Nuclear Energy Liability Insurance Associa-tion 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 insur-ance 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 courae of his employment shall be primary insurance under such other insurance."

la a true copy of This is to oertify thst this LWrrmt No,. 0.*

a Ir.rt of Haclocr Enorgy Liability tho original Endorsorent N3.

. Ho iaturanco is afforded hereunder.

Policy (Facility Form) No. UF-LC8.J tl tgj Marlos T.' Bollcr.. Undemiting Ean Nuclear Encrcy Liability IredCo A8 coo ation June 9, 1969 To form a pan of Policy No NF-174 s do 12:01 A,M. Standard Time Northern States Power Company Date of luue J m 9. 1969 For de subsuibing eranin By -

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Countersigned by s,. nf w 4341

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I' Nuclear Enorgy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION INDUSTRY CREDIT RATING PLAN PREMlUM ENDORSEMENT lt is agreed that Condition 1 of the policy is replaced by the following:

CONDITION 1. PREMlUM (1) Definitions: 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 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 insurance;

" reserve premium" means that portion of the standard premium paid to the companies and s,ecifically allocated under the Industry Credit Rating Plan for incurred losses. The amount of tbe " reserve premium" for this policy Ior any calendar year during which this policy is in force is the amount designeted as such in the Standard Premium Endorsement for that calendar year;

" industry reserve premium", for any calendar year. is the sum oi the reserve premiums for that calendar year for all Nuclear Energy Liability Policies issued by Nuclear Energy Liabihty Insurance Association and Mutual Atomic Energy Liability Underwriters and subject to the Industry Credit Rating Plan;

" policy refund ratlo", 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;

" incurred losses" means the sum of:

(1) alllosses and expenses paid by Nuclear Energy Liability Insurance Association and Mu-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 becaure of obligations assumed and the expenses incurred in connection with such obligations by members of Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters under all Nucleat Energy Liability Policies issued by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters and sub-ject to the Industry Credit Rating Plan;

" reserve for refunds", at the end of any calendar year, is the 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 rescric premium for the calendar year for which the premium refund is being determined to the 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 reserve premium for such calendar year.

(2) Payment of Advance and5randard Premium 5 The named insured shall pay the companies the advance premium stated in the declarations, for the period from the effecuve 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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s Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION As soon as practicable after each December 31 and after the termination of this policy, the 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 records of the information necessary for premium computa-tion and shall send copies of such records to the companies as directed, at the end of each cal-endar year, at the end of the policy period and at such other times during the policy period as the company may direct.

(3) Use of Rc3erve Premiums All reserve premiums paid or payable for this policy m' t be used by the members of Nuclear Energy Liability lasurance 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 En;rgy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters.

(4) Reserve Tremium Refunds A portion of the reJerve premium for this policy for the flTst Cal-endar year of any group of ten consecutive calendar years shall be returnable to the named in.

sured 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 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 refsmd for any calendar year shall be feally 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 the 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 Nuclear Energy Liability Insurance Association subscribing this policy for any calendar 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 accord-ance with the provisions of this Condition 1.

M Iats is to certify tu t this E er m at No.

in a truo copy of the original Endorsonent Na, gh a ;trl o f buclear Esorgy Liability Policy (Facility Form) No. NF-

. No incurance is afforded horetmdorj f#

June 9, 1969 To form a part of Policy No.

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12:01 A.M. Standard Time N rthern States Power Company _

Ismd to Date of Issue J m.9, 1969 For the subscribing companics 44

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Charles T. Dollman, Uilerwriting Manacer

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Nuclear Energy Liability Innurance Accociation

p Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION Amendment of Condition 4 Endorsement It is agreed that with respect to bodily injury or property damage caused after the effective date of this endorsement by the nuclear energy hazard the figure.546,500,000 stated in condition 4 of the policy is amended to read $63,550,000, t

is a true copy of This is to certify that thin 1 4.creasent No.rce a pr rt et H. cler.r Energy Liability

-. no inuranco is afforded hereunder.

tho original Cadoraonent Ha.

Policy (Facility Fors) No. E -

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Charles T. Bollman, Undcrviriting Manager liuelear Enercy Liability Insurance Association Eaccuse Dste of hT-174 June 9, 1969 7,jo,,,p,nofpoig g.

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12:01 A.ht Standard Tune Northern States Power Company ggm June 9,1969 Ne d hue for the sub <tioing companies Dt

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N, Nuc.cor tnerge Liurmity insuiuoce NUCLEAR ENERGY LIABILIT'r iNSUR.^NCE ASSOCIATION a

e Noiv' r of Defenses Endorsement l

e (Extruordinary Nuclear Occurrence) t (FACILITY FORM) q The named insured, acting for himself and every other insured under the policy, and the memken of l

Nuclear Energy Liability insurance Association agree os follows.

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1. With respect to any extraordinary nuclear occ'urrence to which the policy applies os proof of financial protection and which (o) 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 _og ree to waive (1) ony issue or defense os to the conduct of the claimant or the fault of the insureds, includ:ng, but not limited to:

(i) negligence,

- p (ii) contributory negligence, 0

(iii) assumption of risk, and l

(iv) unforeseeable intervening causes, whether involving the conduct of a third person, or on oct of God, i

(2) any issue or defense os to' charitable or governmental immunity, and j'

(3) any issue or defense based on any statute of limitations if suit is instituted within L

three years from the dote on which the claimont first knew, or reasonably could have known, -

l of his bodily injury or property domoge and the cause thereof, but in no event more than ten

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years offer the date of the nuclear incident.

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The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed [urisdictional or relating to on element in the cause of action, i-2.

The waivers set forth in paragraph 1. above do not opply to

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L (o) Bodily injury or property domoge which is intentionally sustained by the claimant l-or which results from o nuclear incident intentionally and wrongfully caused by the claimant;-

(b) Bodily injury sustained byony 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 provided under any workmen's com-pensation or occupational disease low; s

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J (c) Any claim or punitive or exemplary domoges, provided, with respect to any claim f

I for wrongful docth under any State low which provides for domoges only punitive in noture, this exclusion does not opply to the extent that the claimant has sustained octual domoges, meosured by the pecuniory injuries resulting from such death but rol to exceed the maximum i

omount otherwise recoverable under such low.

3. The waivers set forth in parograph 1. above shall be effective only with respect to bodily injury or property damoge to which the policy applies under its terms other than this endorsement.

Such wolvers shall rot opply to, or prejudit:e the prosecution or defense of any j

claim or portion of claim which is not within the protection efforded under (1) The novisions of the policy applicable to the financial protection required of the named insured, I

(2) The ogreement of indemnification hetveen the named insured and the Atomic Energy Commission modo pursuant to section 170 of the Ate ile Energy Act of 1954, os amended, and (3) The limit of liability provisions of subsection 170 e. of the Atomic Energy Act of 1954, os amended, i

Such waivers shall not preclude o defense based upon the follure of the claimant to take reasonable steps to mitigate domoges.

4 Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, os amended, the waivers set forth in paragraph 1. above shall be judicially enforceable i

in accordance with their terms against any insured in on action to recover domoges because of bodily injury or property don.oge to which the policy applies os proof of financial protection.

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5. As used hereini "Extraordircry nuclear occurrence" means on e int which the Atomic Energy Commission has de-t, termined to be on extraordinary nuclear occurrence os defined in the Atomic Energy Act of 1954, os g

omended.

i "Fironcial rotection" and " nuclear incident" have the meanings given them in the Atomic Energy I

p Act of 1954, os omended.

l "loimont" means the person or organization octually sustaining ti,e bodily injury or property domoge end oix 'nclut.s his os>Ignees, legal representatives and other persons or organizations entitled to bring on ociian for domoges on occount of such injury or domoge.

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