ML20127N024
| ML20127N024 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 06/25/1985 |
| From: | Kalish K JOHNSON & HIGGINS OF OHIO, INC. |
| To: | Dinitz I NRC OFFICE OF STATE PROGRAMS (OSP) |
| References | |
| NUDOCS 8507010411 | |
| Download: ML20127N024 (16) | |
Text
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June 25, 1985 manipeg Ccble Address "KERODEN CLV" 2600 National City Center, Cleveland, Ohio 44114 Telex 985214 (216)781-3000 Mr. Ira Dinitz Indemnity Specialist State & Licensing Relations (AR-5037) Office of State Programs U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Dear Ira:
THE CLEVELAND ELECTRIC ILLUMINATING COMPANY PERRY NUCLEAR GENERATING PLANT SECONDARY FINANCIAL PROJECTION CERTIFICATES N-102 AND M-102 Per NRC licensing requirements, enclosed are two certified copies of the Secon-dary Financial Protection Certificates N-102 and M-102 for the Cleveland Elec-tric Illuminating Company's Perry Nuclear Generating Plant.
It is my understanding that the ANI will endorse these certificates to reflect their actual effective date, once the date of licensing is established.
If you require any further insurance requirements as respects the licensing of the Perry Nuclear Generating Plant, please advise.
For our records and as evidence you have received this letter and the attached Certificates of Insur-ance, please sign and return one copy of this letter.
Very truly yours, nR7leaM8%o 44d f.
d Kenneth. Kalish Vice President KJK/gb Enclosure cc:
Mr. Edward J. Morgan, Cleveland Electric 111uminating Company Mr. Raymond B. Smith, J&H of Ohio, Inc.
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Mr. John Rudder, J&H of New York, Inc.
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HU, CLEAR ENERGY LIABILITY INSURANCE ASSOCIATION TH!S IS TO CEBTlFY THAT TH;G iS A TRUE CTV nF THE ONCINAL CEF.NlCATE. GE; pin 1 THE NM"'iR W"4 O HEEON. FOR INsunAy,E COVCOC:' UWRI'
'M'F ' my-WCLEAR ENERGY Certificate No. N-102 1twa Y eMWw:ums ; v Agt r*:40iiili06). NO itdyM 'EiSAROFEE "';
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Forming Part of Master u$. -,+, ^L ^N C
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to em.Xnf.UAli!uit I'NCERWRIAuh Policy No.
I gtENCAN iPJ0 LEAR INSURMS M5 CERTIFICATE0F 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 the Master Policy -
Nuclear 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 Items 1 and 2 of the Declarations, (b) for the certificate period stated in Item 6 of the Declarations, l
(c) to bodily injury or property damage (1) with respect to which the primary financial protection-i described in Item 4 of the Declarations woul'd 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 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)
Page 1
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(3) which is discovered and for which written claim is made i
against the insured not later than ten years after 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 (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 la'ter than twenty years after the date of the extraordinary nuclear occurrence.
Declarations I Item 1.
Named insureds and addresses:
(a) The Cleveland Electric 111eminating Company, P.O. Box 5000, Cleveland, Ohio 44101 (b) Duquesne Light Company, One Oxford Centr'e, 301 Grant Street, Pittsburgh, PA 15279 (c) Ohio Edison Company, 76 South Main Street, Akron, OH 44308 (d) Pennsylvania Power Company, P. O. Box.891, New Castle, PA Item 2.
Additional insu(rea)s: he Toledo Edison Company, 300 Madison Avenue, 16103 e
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- Toledo, OH 43604 l-Any other person or orgar}ization who would be insured under the primary financial pro'tection identified in Item 4 of the Declarations but' for exhaustion of the limit of liability of such primary financial protection.
-ap Item 3.
Description and location of nuclear reactor: Unit 1 of the Perry Nuclear Generating Plant located in North Perry, Ohio.
Item 4.
(a) Identification of primary financial protection, applicable to the nuclear reactor and limit (s) of liability thereof:
Nuclear Energy Liability Insurance Association's Policy NF-291
$124.000,000 Mutual Atomic Energy Liability Underwriters' Policy MF-
$ 36,000,000 Page 2 of Certificate No. N-102 w
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,'(b) The following _ endorsements, attached to the primary-
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financial protection policies listed in Item 4 (a) also g_
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
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Occurrence)and
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(2) Supplementary Endorsement - Waiver of Defenses - Reactor
., [ Construction at-the Facility, (c) The limits of liability provided under the primary financial protectio ~n specified in Item 4 (a) above are not sh' red with a
any other r'eactor except' as follows:
No Exceptions It'em 5' Limits of' Liability:
The amount of retrospective premium actually received by the companies plus the amount of the companies' con-tingent liability, if any, pursuant to Conditions 2,'3 and 4 of the haster Policy.
Item 6.
_Cartificate Period: Beginning at the slme time and date that the
' Facility Operating License issued by the United States Nuclear-I Regulatory Commission for the rea.ctor described in Item 3 of this -
r certificate becomes effective and continuing to the effective date-and time of cancellation or termination of the Master Policy or this certificate, whichever first occurs, eastern standard time.
Item 7.
Maximum retrospective premium (exclusive of allowance for premium
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taxes) payable pursuant to Condition 2~of the Master Policy with a
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respect to each nuclear incide'nt: '$3,875',000.
Item 8.
Por, tion 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 1985 : The kro rata portion of $4,650 for the' period from the effective date of this certificate to the-end of the calendar, year during which such effective date occurs.
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Page 3 of Certificate No. N 102
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B0l{D FOR PAYMEllT OF RETROSPECTIVE 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 members of fluclear Energy Liability Insurance Association subscribing the Master Policy (hereinafter 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 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 kind or nature (including but not limited to interest, court costs, an_d counsel fees) which the companies 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 hereof shall be regarded as an original.
Page 4 of Certificate fio. N-102
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-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 ir:sured'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.1 of the Master Policy.
s 4
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.
f Attest or Witness Named Insureds:
J Duquesne Light Company (Named Insured - Type or Print)
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By
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(Sigfature [f Officer)
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John M. Arthur s
Chairman of the Board and President (Type or Print flame & Title of Officer)
Date:
May 21, 1985 Ohio Ediso j mpany j
(NacM :ra-ed - Type or Print)
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(SEAL)
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-(Signature of Officer)
V. A. Owoc Executive Vice President (Type or Print flame'& Title of Officer)
Date: May 15, 1985 Pennsylvania Power Company (N.ed ure #T e or rint) d whb co By.
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(SEAL)
'[(Signature of d[fic;d)'
J. R. Edgerly
.a Vice President and General Counsel (Type or Print flame & Title of Officer)
Date:
May 23, 1985 Pace 5 of Certificate r:o.ti-102
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-m Attest or Witness
-tfamed Insureds:
Cleveland Electirc Illuminating Company (fla o nsured - Type or Print) 1 By 4bhMg AL)
(Sig' nature of Off c >r) i Edgar H. Mauga Vice President - Finance (Type or Print flame & Title of Officer)
Date:
May 14, 1985 Toledo Edison Company (flamed Insured - Type or' Print')'~
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Ni d k, up By
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(Signature of Officer) l '.' $
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,.Q Robert F. Ertle, Assistant Tre..$ surer (Type or Print ? tame & Title of Officer)
Date: May 20, 1985
(!1amed Insured -' Type or Print)
By (SEAL)
(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 gof Certificate tio.t!- 102
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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 ENERGY LIABILITY INSURANCE ASSOCIATION
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Burt Ci froom, President Countersigned by (Authorized Representative)
Page 7
of Certificate No. N.102
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MUTUAL-ATOMIC EllERGY LIABILITY UtIDERWRITERS ji'
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. THIS IS TO CERT!FY THAT TH!S IS A TRUF COPY OF THE OR!dNAL CERT;HCATE. REAPF THF El W3 P " ' W WTEOM. FOR Certificate flo-g~ 102 it:Sumg cm
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w w ra...:.,v0Tcci!gN;. No Forming Part of Master I:,50R.e E 15 i
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'"i? ' nf.SiuM1-U;3"UiY UNDEiN!IuT:.NG A!EUCAN NUCLEM ::euiHJi CERTIFICATE,.0F IriSURAttCE DECLARATI0t1S AttD B0 TID FOR PAYMEf1T 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 the Master Policy -
fluclear 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 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)
Page i
'.p (3) which is discovered and for which written claim is made
.j against the insured not later than ten years 5f ter the end of the certificate period stated in Item 6 of the Occlarations.
llowever, with respect to bodily injury or property damage caused by an extraordinary nuclear occurrence this subparagraph
~
(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 twent[ye'ars after the date of the extraordinary nucle'a'r occurrence.
Declara tions Item 1.
Named insureds and addresses:
~
(a) The Cleveland Electric 111uininating Company, P.O. Box 5000, Cleveland, Ohic 44101 (b) Duquesne Light Company, One Oxford Centre.,301 Grant Street, Pittsburgh, PA 15279 (c) Ohio Edison Company ~, 76 South Main Street, Akron, OH 44308 (d) Pennsylvania Power Company, P. O. Box 891, New Castle, 16103 PA Item 2., Additional insureds:(e) The Toledo Edison Company, 300 Madison Avenue, Toledo, OH 43604 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 I of the Perry Nuclear Generating Plant located in North Perry, Ohio.
Item 4.. (a)
Identification of primary financial protection applicable to the nucicar reactor'and limit (s) of liability thereof:
Nuclear Energy Liability Insurance Association's Policy flF-291
$124,000,000 Mutu[1 Atomic Energy Liability Underwriters' Policy MF-
$36,000,000 Page 2 of Certificate flo. M-102
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- (b)- Tne following endorsenents., a ttarned to the I
- ritary, f
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financial protection policies listed in item 4 (a) also
' "1 apply.to the insurance af forded by the Master Policy through this certificate as though they were attached hereto:
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(1): Waiver of Defenses Endorsement (Extraordinary.thsclear
~
Occurrence) and (2) Supplementary Endorsement - Waiver of Defenses - Reactor
~
' Construction at the Facility, (c), The limits' of liability provided under the primary. financial protection specified in Item-4 (a) above are not shared with any other reactor except as follows:
No Exceptions
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Item 5.
Limits of Liability: The amount of retrospective premium actually A
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.
. 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 i
and time of cancellation or tennination of the Master Policy or this certificate,.whichever first occurs, 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: $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 1985
- The pro rata portion of $1,350.00 for the period from the effective date of this certificate to the end of the calendar year during which such effective date occurs, e
e) O O Of OFhkY$P%hn NR O
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BOND FOR PAYMEllT OF RETROSPECTIVE PREMlUMS 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 y
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-inaf ter called the " companies") to pay to the cortpanies 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 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 kind or nature (including but not limited to interest, court costs, and counsel fees) which the companies 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 102
The preceding Certificate of Insurance, Declarations and Bond form a part e
e 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.
Ifl 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 flamed Insureds:
Duquesne Light Company N
(Named Insured - Type or Print) vn/fi keh
,(SEAL) l m
-. cad 1
1m By M
MM (Si[ature of Officer) !
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John M. Arthur s-Chairman of the Board and President (Type or Print flame & Title of Officer)
Date:
May 21, 1985 Ohio Edison Company (flamed Insured - Type or' Print) nJ#
By
[M (SEAL) g (fignat'ureof'0fficer)
)/
c I '
y V. A. 0 woc
.>)
Executive Vice President i,,
(Type or Print flame & Title of' Officer)
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Date:
May 15, 1985 Pennsylvania Power Company (fl ed sur pe Print)
J-Mh By P
'I l j(SEAL) s
_ Signa ture o,fYf fi[)'
J. R. Edgerly vice 9,egpent 3n,3 conorn1 connant (Type or Print flame & Title of Officer)
Date:
May 23. 1985 Page 5 of Certifica te flo. M-102,
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Attest or llitness flamed Insureds:
s91 l' t,
e Cleveland Electric 111uminating Company (flame sured - Type or Print)
M
's By SEAL)
(Signature of Off
)
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Edgar H. Maugans s
Vice President - Finance iI (Type or Print flame & Title of Officer)
Da te:
May 14. 1985 Toledo Edison Company (flamed Insured. Type or P,rint) ti.e w
By e
EAL)
~
f (Signature of Office 9)k','[1 !( ly .f), _
Robert F. Ertle
.T,
)
'.,.a j, Assistant Treasurer '" ;* #;
' I l , ',i (Type or Print flame &.;>,T'itic',6f.;OffQer)
,.77..',),.,l.,."
Da te:
May 20, 1985 (flamed Insured - Type or Print)
By (SEAL)
(Signature of Officer)
(Type or Print flame & Title of Officer)
Date:
(flame.d Insured - Type or Print)
By (SEAL)
(Signature of Officer)
(Type or Print flame & Title of Officer)
Date:
Page 6 of Certificate flo, !!-102
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3 fil'WIItlESS WHERE0F, the companies subscribing the Haster Policy have s'
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 UfIDERWRITER d
he BY:
D.
/u A
. ANthorized Agent" "N
Countersigned by (Authorized Representative)
Subscribing Companies PROP 0RTI0ft 0F 100%
American Mutual Liability Insurance Company, Wakefield, MA 15.0000000 Employers Insurance of Wausau, A Mutual Company, Wausau, WI 15.0000000 Liberty Mutual Insurance Comp,any, Boston, MA 30.0000000 Lumbermens Mutual Casualty Company, Long Grove, IL 30.0000000 Michigan Mutual Insurance Company, Detroi.t, MI.
5.0000000 Sentry Insurance, A Mutual Company, Stevens Point, WI 5.0000000
)
Page 7
of Certificate flo. M 102 m