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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20217M3801999-10-21021 October 1999 Forwards Insp Rept 50-263/99-06 on 990813-0923.Four Violations of NRC Requirements Identified & Being Treated as non-cited Violations Consistent with App C of Enforcement Policy ML20217G0711999-10-13013 October 1999 Forwards Insp Rept 50-263/99-12 on 990913-17.No Violations Noted ML20216J2491999-09-30030 September 1999 Ack Receipt of 980804,990626 & 0720 Ltrs in Response to GL 98-01,suppl 1, Year 2000 Readiness of Computer Sys at Npps. Staff Review Has Concluded That All Requested Info Has Been Provided ML20217B1421999-09-30030 September 1999 Informs That on 990902,NRC Staff Completed mid-cicle Plant Performance Review of Monticello Nuclear Generating Station. Staff Conducted Reviews for All Operating NPPs to Integrate Performance Information & to Plan for Insp Activities ML20212K9131999-09-30030 September 1999 Refers to 990920 Meeting Conducted at Monticello Nuclear Generating Station to Discuss Initiatives in Risk Area & to Establish Dialog Between SRAs & PRA ML20216J8091999-09-24024 September 1999 Informs That New Diaphragm Matl Has Corrected Sticking Problem Associated with Increased Control Rod Drive Scram Times.Augmented Testing of Valves at Monticello Has Been Discontinued ML20216G4341999-09-24024 September 1999 Forwards Exam Rept 50-263/99-301 on 990823-26.Violation Occurred & Being Treated as Ncv,Consistent with App C of Enforcement Policy.Test Was Administered to Two Applicants. Both Applicants Passed All Sections of Exam ML20212G7171999-09-24024 September 1999 Submits Semiannual Status Update on Project Plans for USAR Review Project & Conversion to Its.Conversion Package Submittal Continues to Be Targeted for Aug of 2000 ML20212G9801999-09-23023 September 1999 Refers to Resolution of Unresolved Items Identified Re Security Alarm Station Operations at Both Monitcello & Prairie Island ML20212F0901999-09-21021 September 1999 Confirms Discussion Between M Hammer & Rd Lanksbury to Have Routine Mgt Meeting on 991005 in Lisle,Il.Purpose of Meeting to Discuss Improvement Initiatives in Areas of Operations & Equipment Reliability ML20212A9761999-09-0909 September 1999 Submits 1999 Annual Rept of Any Changes or Errors Identified in ECCS Analytical Models or Applications ML20217A5751999-09-0909 September 1999 Forwards Individual Exam Results for Licensee Applicants Who Took Aug 1999 Initial License Exam.Without Encls ML20211Q6981999-09-0606 September 1999 Informs That NRC Tentatively Scheduled Initial Licensing Exam for Monticello Operator License Applicants During Wks of 010604 & 11.Validation of Exam Will Occur at Station During Wk of 010514 ML20211L1981999-09-0101 September 1999 Forwards Insp Rept 50-263/99-05 on 990702-0812.No Violations Noted ML20211K7971999-09-0101 September 1999 Informs That Util Reviewed Rvid as Requested in NRC .Recommended Corrections Are Listed ML20211K2591999-08-27027 August 1999 Forwards NSP Co Fitness for Duty Program Performance Data for Six Month Period Ending 990630 ML20211F9961999-08-26026 August 1999 Forwards Effluent & Waste Disposal Semi-Annual Rept for 990101-990630, Revised Effluent & Waste Disposal Semi-Annual Rept for 980701-981231 & Revs to ODCM for Monitcello Nuclear Generating Plant ML20211C9501999-08-23023 August 1999 Forwards Rev 17 to Monticello Nuclear Generating Plant USAR, Updating Info in USAR to Reflect Implementation of Increase in Licensed Core Thermal Power from 1,670 Mwt to 1,775 Mwt.Rept of Changes,Tests & Experiments Not Included ML20210U1831999-08-12012 August 1999 Revises 980202 Commitment Re GL 96-06, Assurance of Equipment Operability & Containment Integrity During Design- Basis Accident Conditions ML20210T9601999-08-12012 August 1999 Provides Rept on Status of Util RPV Feedwater Nozzle Insps Performed in Response to USI A-10 Re BWR Nozzle Cracking ML20210Q0341999-08-0404 August 1999 Forwards SE Granting Licensee 980724 Relief Request 10 Re Third 10-year Interval ISI Program Plan,Entitled, Limited Exam ML20210H0861999-07-28028 July 1999 Forwards Insp Rept 50-263/99-04 on 990521-0701.No Violations Noted.Licensee Conduct at Monticello Facility Characterized by safety-conscious Operations,Sound Engineering & Maint Practices & Appropriate Radiological Controls ML18107A7051999-07-20020 July 1999 Provides Suppl Info Which Supersedes Info in 990625 Ltr in Response to NRC RAI Re GL 98-01, Y2K Readiness of Computer Sys at Nuclear Power Plants. ML20212H3191999-07-16016 July 1999 Forwards Aug 1999 Monticello RO Exam Package,Including Revised Outlines.All Changes Are in Blue Font ML20209G5621999-07-14014 July 1999 Forwards Insp Rept 50-263/99-11 on 990621-24.No Violations Noted.Objective of Insp,To Determine Whether Monticello Nuclear Generating Station Emergency Plan Adequate & If Station Personnel Properly Implemented Emergency Plan ML20196J5351999-07-0202 July 1999 Discusses GL 92-01,Rev 1,Supp 1, Rv Integrity, Issued by NRC on 950515 & NSP Responses & 980917 for Monticello Npp.Informs That Staff Revised Info in Rvid & Released Info as Rvid Version 2 ML20196J9681999-07-0101 July 1999 Informs That in Sept 1998,Region III Received Rev 20 to Portions of Util Emergency Plan Under 10CFR50.54(q).Based on Determination That Changes Do Not Decrease Effectiveness of Licensee Emergency Plan,No NRC Approval Required ML20209B6151999-06-25025 June 1999 Responds to NRC Request for Info Re Y2K Readiness at Nuclear Power Plants.Gl 98-01 Requested Response on Status of Facility Y2K Readiness by 990701.Y2K Readiness Disclosure Attached ML20196H2291999-06-24024 June 1999 Responds to Administrative Ltr 99-02,dtd 990603,requesting Licensee to Provide Estimate of Licensing Action Submittals Anticipated.Four New Submittals Per Year Are Anticipated ML20207D5851999-05-25025 May 1999 Submits Info Re Partial Fulfillment of License Conditions Placed on Amend 101,which Approved Use of Ten Exceptions for 24 Months Subject to Listed App C Conditions.Util Will Submit Second Rept to Obtain Approval for Continued Use ML20206S0911999-05-17017 May 1999 Forwards Response to NRC 990324 RAI Re Proposed Amend to pressure-temp Limits & Surveillance Capsule Withdrawal Schedule, .Supporting Calculations Also Encl ML20206N5601999-05-13013 May 1999 Informs That NRC Office of Nuclear Reactor Regulation Reorganized Effective 990328.As Part of Reorganization,Div of Licensing Project Mgt Created.Cm Craig Will Be Section Chief for Monticello Npp.Organization Chart Encl ML20206G2181999-05-0505 May 1999 Discusses Completion of Licensing Action for GL 96-01, Testing of Safety-Related Logic Circuits, Dtd 960110,for Plant ML20206G4901999-05-0404 May 1999 Forwards Staff Review of Licensee 960508 Response to NRC Bulletin 96-002, Movement of Heavy Loads Over Sf,Over Fuel in Rc or Over Safety-Related Equipment, .Overall, Responses Acceptable.Tac M95610 Closed ML20206G7741999-05-0303 May 1999 Forwards Insp Rept 50-263/99-02 on 990223-0408.One Violation Occurred & Being Treated as non-cited Violation,Consistent with App C of Enforcement Policy ML20206D1651999-04-27027 April 1999 Forwards Radiation Environ Monitoring Program for MNGP for Jan-Dec 1998, Per Plant TS 6.7.C.1.Ltr Contains No New NRC Commitments or Modifies Any Prior Commitments ML20205N0821999-04-12012 April 1999 Forwards SE of NSP Response to NRC GL 95-07, Pressure Locking & Thermal Binding of Safety-Related Power-Operated Gate Valves. Licensee Adequately Addressed Actions Requested in GL ML20205N4811999-04-0909 April 1999 Forwards Licensing Requalification Insp Rept 50-263/99-10 on 990308-12.No Violations Noted.However,Inspectors Through Observation of Simulator Scenario Exams Noted Difficulties in Ability of SM to Simultaneously Implement Duties of SM ML20205N5301999-04-0909 April 1999 Discusses Arrangements Made on 990406 for Administration of Licensing Exams at Monticello Nuclear Generating Station During Wk of 990823.Requests That Exam Outlines Be Submitted by 990128 & Supporting Ref Matls by 990719 ML20196K7831999-03-31031 March 1999 Forwards Decommissioning Funding Status Rept for Monticello & Prairie Island Nuclear Generating Plants,Per Requirements of 10CFR50.75(f)(1) ML20205H5731999-03-29029 March 1999 Submits Required 1998 Actual & 1999 Projected Cash Flow Statements for Monticello Nuclear Generating Plant & PINGP, Units 1 & 2.Encl Contains Proprietary Info.Proprietary Info Withheld,Per 10CFR2.790(b)(1) ML20205C4851999-03-26026 March 1999 Informs That on 990203,NRC Staff Completed PPR of Nuclear Plant.Staff Conducts Reviews for All Operating NPPs to Develop an Integrated Understanding of Safety Performance ML20205C6561999-03-26026 March 1999 Submits Semiannual Update on Project Plans for USAR Review Project & Conversion to ITS ML20205A5881999-03-24024 March 1999 Forwards Request for Addl Info Re Submittal Requesting Rev of pressure-temperature Limits & Surveillance Capsule Withdrawal Schedule ML20204H4711999-03-18018 March 1999 Forwards SER Concluding That Util Established Acceptable Program to Verify Periodically design-basis Capability of safety-related MOVs at Monticello & Adequately Addressed Actions Requested in GL 96-05 ML20207H5161999-03-11011 March 1999 Forwards Insp Rept 50-263/99-01 on 990112-0222.No Violations Noted ML20207F4091999-02-28028 February 1999 Forwards Fitness for Duty Program Performance Data for Six Month Period from 980701-981231,IAW 10CFR26.71 ML20207F6741999-02-24024 February 1999 Forwards Summary of Nuclear Property Insurance Maintained at Monticello & Prairie Island Nuclear Generating Plants ML20207F6901999-02-23023 February 1999 Forwards Effluent & Waste Disposal Semi-Annual Rept for 980701-981231, Off-Site Radiation Dose Assessment for 980101-981231 & Revised Effluent & Waste Disposal Semi- Annual Rept for 980101-980630, for Monticello ML20203F2541999-02-10010 February 1999 Informs That Beginning 990216,DE Hills Will Be Chief of Operations Branch Which Includes Operator Licensing Function 1999-09-09
[Table view] Category:OUTGOING CORRESPONDENCE
MONTHYEARML20217M3801999-10-21021 October 1999 Forwards Insp Rept 50-263/99-06 on 990813-0923.Four Violations of NRC Requirements Identified & Being Treated as non-cited Violations Consistent with App C of Enforcement Policy ML20217G0711999-10-13013 October 1999 Forwards Insp Rept 50-263/99-12 on 990913-17.No Violations Noted ML20216J2491999-09-30030 September 1999 Ack Receipt of 980804,990626 & 0720 Ltrs in Response to GL 98-01,suppl 1, Year 2000 Readiness of Computer Sys at Npps. Staff Review Has Concluded That All Requested Info Has Been Provided ML20217B1421999-09-30030 September 1999 Informs That on 990902,NRC Staff Completed mid-cicle Plant Performance Review of Monticello Nuclear Generating Station. Staff Conducted Reviews for All Operating NPPs to Integrate Performance Information & to Plan for Insp Activities ML20212K9131999-09-30030 September 1999 Refers to 990920 Meeting Conducted at Monticello Nuclear Generating Station to Discuss Initiatives in Risk Area & to Establish Dialog Between SRAs & PRA ML20216G4341999-09-24024 September 1999 Forwards Exam Rept 50-263/99-301 on 990823-26.Violation Occurred & Being Treated as Ncv,Consistent with App C of Enforcement Policy.Test Was Administered to Two Applicants. Both Applicants Passed All Sections of Exam ML20212G9801999-09-23023 September 1999 Refers to Resolution of Unresolved Items Identified Re Security Alarm Station Operations at Both Monitcello & Prairie Island ML20212F0901999-09-21021 September 1999 Confirms Discussion Between M Hammer & Rd Lanksbury to Have Routine Mgt Meeting on 991005 in Lisle,Il.Purpose of Meeting to Discuss Improvement Initiatives in Areas of Operations & Equipment Reliability ML20217A5751999-09-0909 September 1999 Forwards Individual Exam Results for Licensee Applicants Who Took Aug 1999 Initial License Exam.Without Encls ML20211Q6981999-09-0606 September 1999 Informs That NRC Tentatively Scheduled Initial Licensing Exam for Monticello Operator License Applicants During Wks of 010604 & 11.Validation of Exam Will Occur at Station During Wk of 010514 ML20211L1981999-09-0101 September 1999 Forwards Insp Rept 50-263/99-05 on 990702-0812.No Violations Noted ML20210Q0341999-08-0404 August 1999 Forwards SE Granting Licensee 980724 Relief Request 10 Re Third 10-year Interval ISI Program Plan,Entitled, Limited Exam ML20210H0861999-07-28028 July 1999 Forwards Insp Rept 50-263/99-04 on 990521-0701.No Violations Noted.Licensee Conduct at Monticello Facility Characterized by safety-conscious Operations,Sound Engineering & Maint Practices & Appropriate Radiological Controls ML20209G5621999-07-14014 July 1999 Forwards Insp Rept 50-263/99-11 on 990621-24.No Violations Noted.Objective of Insp,To Determine Whether Monticello Nuclear Generating Station Emergency Plan Adequate & If Station Personnel Properly Implemented Emergency Plan ML20196J5351999-07-0202 July 1999 Discusses GL 92-01,Rev 1,Supp 1, Rv Integrity, Issued by NRC on 950515 & NSP Responses & 980917 for Monticello Npp.Informs That Staff Revised Info in Rvid & Released Info as Rvid Version 2 ML20196J9681999-07-0101 July 1999 Informs That in Sept 1998,Region III Received Rev 20 to Portions of Util Emergency Plan Under 10CFR50.54(q).Based on Determination That Changes Do Not Decrease Effectiveness of Licensee Emergency Plan,No NRC Approval Required ML20206N5601999-05-13013 May 1999 Informs That NRC Office of Nuclear Reactor Regulation Reorganized Effective 990328.As Part of Reorganization,Div of Licensing Project Mgt Created.Cm Craig Will Be Section Chief for Monticello Npp.Organization Chart Encl ML20206G2181999-05-0505 May 1999 Discusses Completion of Licensing Action for GL 96-01, Testing of Safety-Related Logic Circuits, Dtd 960110,for Plant ML20206G4901999-05-0404 May 1999 Forwards Staff Review of Licensee 960508 Response to NRC Bulletin 96-002, Movement of Heavy Loads Over Sf,Over Fuel in Rc or Over Safety-Related Equipment, .Overall, Responses Acceptable.Tac M95610 Closed ML20206G7741999-05-0303 May 1999 Forwards Insp Rept 50-263/99-02 on 990223-0408.One Violation Occurred & Being Treated as non-cited Violation,Consistent with App C of Enforcement Policy ML20205N0821999-04-12012 April 1999 Forwards SE of NSP Response to NRC GL 95-07, Pressure Locking & Thermal Binding of Safety-Related Power-Operated Gate Valves. Licensee Adequately Addressed Actions Requested in GL ML20205N4811999-04-0909 April 1999 Forwards Licensing Requalification Insp Rept 50-263/99-10 on 990308-12.No Violations Noted.However,Inspectors Through Observation of Simulator Scenario Exams Noted Difficulties in Ability of SM to Simultaneously Implement Duties of SM ML20205N5301999-04-0909 April 1999 Discusses Arrangements Made on 990406 for Administration of Licensing Exams at Monticello Nuclear Generating Station During Wk of 990823.Requests That Exam Outlines Be Submitted by 990128 & Supporting Ref Matls by 990719 ML20205C4851999-03-26026 March 1999 Informs That on 990203,NRC Staff Completed PPR of Nuclear Plant.Staff Conducts Reviews for All Operating NPPs to Develop an Integrated Understanding of Safety Performance ML20205A5881999-03-24024 March 1999 Forwards Request for Addl Info Re Submittal Requesting Rev of pressure-temperature Limits & Surveillance Capsule Withdrawal Schedule ML20204H4711999-03-18018 March 1999 Forwards SER Concluding That Util Established Acceptable Program to Verify Periodically design-basis Capability of safety-related MOVs at Monticello & Adequately Addressed Actions Requested in GL 96-05 ML20207H5161999-03-11011 March 1999 Forwards Insp Rept 50-263/99-01 on 990112-0222.No Violations Noted ML20203F2541999-02-10010 February 1999 Informs That Beginning 990216,DE Hills Will Be Chief of Operations Branch Which Includes Operator Licensing Function ML20202B7191999-01-26026 January 1999 Discusses 990125 Telcon with T Witschen & D Mcneil Re Arrangements for NRC to Inspect Licensed Operator Requalification Program at Monticello Nuclear Generating Station.Insp Planned for Week of 990308 ML20199H8321999-01-20020 January 1999 Forwards Insp Rept 50-263/98-18 on 981201-990111.No Violations Were Identified.Conduct of Activities at Monticello Facility Was Generally Characterized by safety- Conscious Operations & Sound Maint Practices ML20199G7721999-01-14014 January 1999 Forwards Request for Addl Info Re GL 88-20, Individual Plant Exam of External Events (IPEEE) for Severe Accident Vulnerabilities, Issued in June 1991 ML20206R8631999-01-12012 January 1999 Informs That Staff Has Prepared TS Interpretation of Requirements for Extending Surveillance Intervals at Plant,Per NRC Request ML20199E4791999-01-0606 January 1999 Forwards SER Accepting Licensee 951116,960214 & 0524 Responses to NRC Bulletin 95-002, Unexpected Clogging of Residual Heat Removal Pump Strainer While Operating in Suppression Pool Cooling Mode, for Monticello ML20206R8741999-01-0404 January 1999 Discusses Clarification of Understanding of Safety Evaluation Related to Deviation from Emergency Procedure Guidelines for Monticello.Staff Agrees with NSP Characterization & Resolution of Issues ML20198R2001998-12-30030 December 1998 Forwards Insp Rept 50-263/98-19 on 981214-18.No Violations Noted.Purpose of Insp Was to Review Plant Chemistry Program, PASS & REMP ML20198P0501998-12-28028 December 1998 Informs of Completion of Review of Relief Request 9 Re Third 10-year Interval ISI Program Plan,Entitled Use of High Alloy/High Nickel Calibr Block for Dissimilar Metal Welds. Supporting SE Encl ML20198G0761998-12-21021 December 1998 Acks Receipt of Notifying NRC That Commitment Noted in Is Complete Re Tornado Effects on Reactor Bldg Superstructure ML20198D0181998-12-15015 December 1998 Informs That as Part of PRA Implementation Plan,Commission Assigned Two SRAs to Each Regional Ofc.Sras Will Routinely Assess Licensee Event Repts,Plant Events,Insp Findings & EAs from Risk Perspective ML20198B7721998-12-14014 December 1998 Forwards Insp Rept 50-263/98-16 on 981014-1130 & Notice of Violation Re Fire Brigade Drill Participation ML20198D0641998-12-10010 December 1998 Forwards SE Accepting Licensee 971118 Request for Review & Approval of Deviation from BWROG Epg,Rev 4,NEDO-31331, March,1997.Deviation Will Permit Rev of Plant EOPs to Recognize 2/3 Core Height as Adequate for Core Cooling ML20196C2411998-11-24024 November 1998 Forwards Insp Rept 50-263/98-17 on 981026-30.No Violations Noted.Security Dept self-assessment Efforts Continue to Be Very Strong ML20196D5641998-11-20020 November 1998 Discusses 981104 Insp Resource Planning Meeting for Monticello & Advises of Planned Insp Effort for Next 6 Months at Plant.Info Provided to Min Resource Impacts on Staff & to Allow for Rescheduling Conflicts to Be Resolved ML20195J8811998-11-19019 November 1998 Informs That EOP Flow Charts C.5-1100 RPV Control, Rev 5 & C.5-1100... Rev 6 Marked Proprietary & Submitted as Attachments 3 & 4 to Util Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5) ML20196G6081998-11-19019 November 1998 Submits Correction to Which Advises Licensee That EOP Flow Charts, C.5-1100 RPV Control, Rev 5 & C.5-1100 RPV Control, Rev 6,marked Proprietary,Will Be Withheld from Public Disclosure.Ltr Reissued to Correct Date of Issuance ML20195E3321998-11-12012 November 1998 Forwards SE Concluding That Licensee Implementation Program to Resolve USI A-46 at Facility Has Adequately Addressed Purpose of 10CFR50.54(f) Request.Usi A-46 Program Was Established in Response to GL 87-02 ML20196D7291998-11-10010 November 1998 Forwards Insp Rept 50-263/98-15 on 980831-1014.No Violations Noted.Investigation Team Assembled by Station Mgt to Determine Root Cause of Offgas Sys Problem Was Thorough & Aggressive ML20154L2951998-10-0909 October 1998 Informs That Effective 981011,project Mgt Responsibility for Plant Will Be Transferred from Tj Kim to CF Lyon.Cf Lyon May Be Contacted at Listed Number ML20154F4971998-10-0606 October 1998 Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp Rept 50-263/98-09 Issued on 980730 ML20154J2501998-10-0202 October 1998 Forwards Audit of Year 2000 Program at Monticello Nuclear Generating Plant on 980915-17 as Followup to NRC GL 98-01, Year 2000 Readiness of Computer Systems at Nuclear Power Plants, Issued on 980511 ML20153C4611998-09-21021 September 1998 Submits Comments on Draft Environ Impact Statement for Minnesota Lake Superior Coastal Program 1999-09-09
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DISTRIBUTION:
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W h oGG-Docket No. 50-263 00-Indemnity M- - , _m tu t uit Northern States Power Company ATTN Mr. R. C. Johnson General Superintendent Insurance and Property Protection 414 Nicollet Avenue Minneapolia, Minnesota 55401 Contiement Ide are snelosing herewith an amendment to 10 CFR Part 140, Pinancial Protection Requirements and Indeemity Agreements," which vill become effective March 1, 1972. The amendment is being forwarded to the Federal Ref i ster for publication as an effective rule.
This amendment gives effect to the recent increase, from $82 million to $95 million, in available nuclear energy liability insurance pro-vided by Nuclear EnerEy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters. Inasmuch as you are a licensee of a f acility for which the armount of financial protection required under Section 170b. of the Atomic Energy Act of 1954, an amended, and Section 140.11(a)(4) of 10 CPR Part 140, shall be the m%um amount available from private sources, it will be necessary that you suba'it, I
by March 1, 1972, proof of financial protection in the amount of
$95 willion. Such proof may le in the form of endorsements to your nuclear energy liability insuranc.e policies.
An appropriate amendment to your indemnity agreement is currently being prepared and vill be forwarded to you upon receipt of proof of financial protection in the revised amount an stated above, i
Please contact un if you have any questions with regard to the foregoing.
Sincerely.
Original Signed by loatl Johnsoa Lyall Johnson, Director Division of State and
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Form AIC-ite (Re. 9-54 A/CM 0240 , s wa mm t .e,a, ou x a t,7: -44e.tna 9212O20234 720214 3 PDR ADOCK 0500 J
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UNITED STATES
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ATOMIC ENERGY COMMISSION W A%HING10N. O C. 20545
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Docket 16. 50-263 p , ,,, ,,, ..g E N' j AWDMEh7 TO INDEMNITY AGitEEMENT_ No.11-42 AMENDMl?lT NO. 3_
I Ef f ective December 14, 1971 Indemnity Agreement No. B-42 between Northern States Power Company and the Atomic Energy Conninston, dated October 3,1969, an amended, is hereby further amendrd as follows:
Article II la nmended by adding the followinc, provian at the end of subparagraph 5(c):
"_Provided, however, timt with respect to an extraordinary nucicar occurrence occurring at the facility, a claimant who is employed at the f acility in connection with the construction of a nuclear reactor with respect to which no operating license has been innued by the Atomic Energy Conninnion nhall not be considered an employed in connection with the activity where the extraordinary nucicar occurrence taken place if:
(.1 ) the claimant is employed exclualvely in connection with the construction of a nuclear reactor, including all related equipment and installations at the facility, and (2) no operating license han been innued by the Al:C with respect to the nucicar reactor, and (3) the claimant is not employed in connection with the ponnession, storage, une or transfer of nucicar materini at the f acility."
FOR Tile UNITED STATES ATOMIC ENERGY 00MMISSION w ,& _ _ _ _ .
l Ly!11 John on Director Divinfon of S tate and Licennee Relations N,
Accepted __ Dece; & r ]3tt
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By _ _ ji LALD G JCiCd n w 6.
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fruiver Innuranet & Clait' 7/
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Docket No. 50-263 Indemnity Agreement No. B- 42 This Indemnity Agreement No. B-42 is entered into by and between Northern States Power Company (hereinaf ter referred to as the " licensee") and the United States Atomic Energy Commission (hereinafter referred to as the " Commission") pursuant to subsection 170c of the Atomi: Energy Act of 1954, as amended (herein-af ter referred to as "the Act").
ARTICLE I
. As used in this agreement:
- 1. " Nuclear reactor ," "byproduc t material,' " person," " source material," and "special nuclear material" shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission.
- 2. Except where otherwise specifically provided, " amount of finan-cial protection" means the amount specified in Item 2a and b, of the Attachment annexed hereto, as modified by paragraph 8, Article II, with respect to common occurrences.
3.(a) " Nuclear incident" means any occurrence , including an extra-ordinary nuclear occurrence, or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material.
! (b) Any occurrence , including an extraordinary nuclear occurrence,-
l or series of occurrences causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioac tive , toxic, explosive, l or other hazardous properties of l
I l
l f_ .
I location if the material is also "in the course of transportation" from any other " location" as defined in any other agreement entered into by the Commission pursuant to subsection 170c or k of the Act.
- 6. " Person indemnified" means the licensee and any other person who may be liable for public liability.
7 "Public liability" means any legal liability arisin6 out of or resulting from a nuclear incident, except (1) claims under 8 tate or Federal Workmen's Com:pensation Acts of employees of persons indemni-fled who are employed (a) at the location or, if the nuclear incident occurs in the course of transportation of the radioactive material, on the transporting vehicle, and (b) in connection with the licensee's possession, use or transfer of the radioactive material; (2) claims arising out of an act of var; and (3) claims for loss of, or damage to, or loss of use of (a) property which is located at the location and used in connection with the licensee's possession, use, or trans-fer of the radioactive material, and (b) if the nuclear incident occurs in the course of transportation of the radioactive materia.1, the transporting vehicle, containers used in such transportation,'
and the radioactive material.
- 8. "The location" means the location described in Item 4 of the l Attachment hereto.
9 "The radioactive material" means source, special nuclear, and byproduct material which (1) is used or to be used in, or is ir-radiated or to be irradiated by, the nuclear reactor or reactors-
- j. subject to the license or licenses designa.ted in the Attachment l
I hereto,(or reactor s). (2) which is produced as the result of operation of said
- 10. " United States" when used in a geographical sense includes all Territories and posseesions of the United States, the Canal Zone and Puerto Rico.
i ARTICLE II
- 1. At all times during the term of the license or licenses desig-nated in Item 3 of the Attachment hereto, the licensee vill maintain financial protection in the amount specified in Item 2 of the Attach-ment and in the form of the nuclear energy liability insurance policy B
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_3 (1) negligence; (2) contributory negligence; (3) ascumption of the risk; (4) unforeseeable intervening causes, whether involving the conduct of a third person or an act of God.
An used herein, " conduct of the claimant" includes conduct of persons through whom the claimant derives his cause of action; (b) any iccue or defense as to charitable or governmental immunity; (c) any isst9 or defense based on any statute of limitatione if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his injury or damage and the cause thereof, but in no event more than ten years after the date of the nuclear incident.
The vaiver of any such issue or defense chall be effective regardless-of unether such issue or defense may otherwise_ be deemed jurisdictional or relating _to an element in the cause of action. The valvers shall be judicially enforceable in accordance with their terms by. the claimant against the person indemnified.
S. The vaivers set forth in paragraph 4 of this Article:
(a) chall not preclude a defense based upon a failure to take reasonable steps to mitigate damagec; (b) shall not apply to injury or damage' to a claimant or to a claimant's property which is intentionally sustained by the claimant or which results- from a nuclear incident intentionally and wrongfully -
caused by the claiciant; (c) chall not apply to injury to a claimant who is employed at the t5te or nrd in connection with the activity where the extra-ordinary nuclear occurrence _taken place if . benefits therefor are eitner payable or required to be provided under any workmen's com--
w nsation or occupational disease law; B
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bears to the sum of the lir.its of liability of all nuclear energy listility insurance policies (facility form) applicable to such cos: mon occurrence and issued by Nuclear Energy Liability Insurance Association; (b) If the eum of the limit of liability of any Mutual Atoctic Energy Liability Undervritere policy des 16nated in Item 5 of the Attachment and the limits of liability of all other nuclee energy liability insurance policien (facility form) applicable to such coraan occurrence and issued by Huttal Atomic Energy Liability Undervritere, exceeds $18,4 50,000, the amount of financial protection specified in Item 2a and b of the Attachment shall be deemed to be reduced by that proportion of the difference between said sum and
$ ; 8 ,!. 50 ,003 ao the limit of liability of the Mutual Atomic Energy Liability Underwriters policy designated in Item 5 of the Attachment bears to the sum of the limits of liability of all nuclear energy liability insurance policies (facility form) applicable % such con =on occurrence tad lacued by Mutual Atomic Energy Liability Underwriters; (c) If any of the other applicable agreements is with a person who has furnioned financial protection in a form otner than a nuclear energy liability insurance policy (facility form) issued by Nuclear Energy Liability Incurance Association or Mutual Atomic Energy Liability Underwriters, and if also the num of the amount of finan-cit.1 protection established under this agreement and the amounts of financial protection established under all other applicable agreemente exceedo $s2,000,000, the obligations of the licensee anall not exceed
- t. greater pmportion of $S2,000,000 than the amount of financial pro-tection established under this agreement bears to the sum of cuch cutount and tne amounto of financial protection established under all other applicable agreemente..
(d) Ac used in this paragraph 0, Article II, and in Article III, "other applicable agreements' means each other agreement entered into by the Ccx::miccion pursuant to subsection 170c of the Act in whieb r#reensent the nuclear incident is defined as a "cocuon occurrence."
As used in thin paragraph 0, Article II, "the obligations of the licencee" meau the oD11Eationc of the licensee under subsection M. (b) of th Act to indemnify the United States and the Commission frce public liability, together with any public li'a bility eatisfied B
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3 The Commission agrees to indemnify and hold harmless the licensee, and other persons indemnified as their interest may appear, from the reasonable costs of investigating, settling and defending claims for public liability.
k.(a) The obligations of the Cocaission under this agreement shall apply only vath respect to such public liabilsty, such damage to property of pereons legally liable for the nuclear incident (other than such property described in the proviso to peregraph 2 of this Article), and such reasonable costa described in paragraph 3 of this Article as in the aggregate exceed the amount of financial protection.
(b) With respect to a common occurrence, the obligstions of the Commission under this agreement shall apply only with respect to such J public liability, such damage to prcgerty of persons legally liable for the nuclear incident (other than such property described in the proviso to paragraph 2 of this Article), and to such reasonable costa described in paragrapn 3 of this Article, as in the aggregate exceed whichever of the following is lower: (1) The sum of the amounts of financial protection established under this agreement and all other applicable agreements; or (2) $82,000,000.
5 The obligations of the Commiraion under this agreement shall apply ,
only with respect to nuclear incidents occurring during the term of this agreement.
- 6. The obligations of the Commission under this and all other agreements and contracts to which the Commission is a party shall not, vita respect to any nuclesr incident, in the aggregate exceed whichever of the following is the lowest: (a) $500,000,000; (b) $560,000,07) less the amount of financial protection required under this agreement; or (c) with respect to a common occurrence,
$%0,000,000 less the rum of the amounts of financial protection establiehed under this agreement and all other applicable agreements.
7 The obligations of the Commission under this agreement, except to the licensee for damage to property of the licensee, shall not be affected by any failure on the paa t of the licensee to fulfill its obligations under this agreement. Bankruptcy or insolvency of the licensee or any other person indemnified or of the este.te of the licensee er any other person indemnified shall not relieve the Commicsion of any of its obligations hereunder.
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UNITED STATES ATOMIC ENERGY C0Y3.1SSION ATTACIDZNT Indemnity Agreement No. B-42 Item 1 - Licensee Northern States Power Company Address 414 Nicollet Mall Minneapo.is , Mint. esc i 5 54 0 ~.
Item 2 - Amount of financial protection
- a. $1,000,303.
'o . With respect to any nuclear incident, the amount specified in Item 2a of this Attachment shall be deemed to be (i) reduced to tne extent that any payment made by the insurer or insurers under a policy or policies specified in Item 5 of this Attachment reduces the aggregate amount of such insurance policies belou the amount specified in Item 2a and (ii) restored to the extant that, following such reduction, the aggregate amount of such insurance policies is reinstated.
Item 3 - License number or numbers S101-1144 o
Item 4 - Location -
Tne fenced switchyard at tne Monticello Nuclear Generatin: Pl ant.
which is located on the west bank of the Mississippi River approximately three miles northwest of Monticello in Wright County, Minnesota.
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I t er: 5 - ]n<artm e Iolicy !?o.(v) 1;uc l <. a t Energy liebitity Policy (rec 311 t y i>ori .) 1:e , D'-} 7/.
ir tud b: the Fueler.r I:ner;,y 1 inhili ty Insurnnae /,: r ocic tien.
Ittm 6 - The indemi ty cgre< i .ent destgotted cbow, of vhich this At t acin a nt. i c c f f ec t ive r c of 12: 01 t> .m. , on the J/uM I dcy n c of pa r(t ,1 ch La. t.., 1969.
1 01: 'l li: Ui?ITrii STi.Tr$ 4TU RC D i:i:4 00:E:ISSIO:,
sh;. "ff,Y.
c Plier I; . Pi 3 ce , 111 ree t c r Divicion of Stcte .': Licene c e Rt l a t iom- -
l'OR !?01'Tl!F.Rf ST!ITES PO'RR COMPAUY Ia' .._.___ .___ _ _.._ ..-_. ___ _____
lu t eti nt 1k thc e + ,1*nryinoj ,
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ths 6.j k ( dry of U66#'(t N1959.
DISTRIBUTION:
Licensee (2 orig)
File PDR Indemnity OGC OC C0 Desk
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9/25I6 9 9/30/69 (4/[/69
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