ML20128B203

Forwards Endorsements 40-42 to Nelia Policy NF-174

ML20128B203
Person / Time
Site:	Monticello
Issue date:	01/07/1977
From:	Rachel Johnson NORTHERN STATES POWER CO.
To:	Price E NRC
References
NUDOCS 9212030592
Download: ML20128B203 (8)

Text

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[h NORTHERN STATES POWER COMPANY MIN N E A polit MIN N E SOTA 55401 "S C

.2 G, 3' Regulatory Docket File s

January 7, 1977 p

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gg y g, Mr. Eber R. Price, Director Division of State 6 Licensee Relations

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94Nus a q s Nuclear Regulatory Commission coe.mm fy/

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AD Washington, D.C.

20545 RE: Monticello Nuclear Generating Station

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Dear Mr. Price:

Attached are six copies of each of the following endorsements pertaining to nuclear policy hT-174 Endorsement #39, amendment to condition #2.

Endorsement #40, valver of defenses endorsement Endorsement #41, amendment - nuclear energy hazard Endorsement #42, advance premium for calendar year 1977 Also enclosed is six copies of endorsement #31 pertaining to policy 11F-51 reciting the advance premium for the calendar year 1977.

Very truly yours, ROALD G. JOICISON Manager INSURANCE & CLAIMS RGJ :la Enclosures L

e 9212030592 770107 PDR ADOCK 05000263 J

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aclear Energy Liability Insurans.,

NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AfiEtiDMEt1T OF _C0tiDI T10f1 2 "If1SPECT10ti; SUSPEtiS10ti" (Facility Form)

It is agreed that Condition 2 "IllSPECT10t4; SUSPEtis10ft" is replaced by the following:

2 litSPECT10!1; SUSPEtlS10tl The companies shall at any time be permitted but not obligated to inspect the f acility and all operations relating thereto and to examine the insured's books and records as far as they relate to the subject matter of this insurance.

fleither the right to make inspections and examina-tions nor the making thereof nor any advice or report resllting therefrom shall constitute an undertaking, on behalf of or for the oenefit of the in-sured or others, to determine or warrant that such facility or operations are safe or healthful, or are in compliance with any law, rule or regulation.

If a representative of the companies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hazard, a repre-sentative of the companies may request that such condition be corrected with-out delay.

In the event of non-compliance with such request, a representative of the companies may, by notice to the named insured, to any other person or organization considered by the companies to be responsible for the continuance of such dangerous condition, and to the United States fluclear Regulatory Com-mission, suspend the insurance with respect to the named insured and such other person or organization effective 12:00 midnight of the next business day of such Commission following the date that such Commission receives such notice.

The period of such suspension shall terminate as of the time stated in a written notice from the companies to the named insured and to each such person or organization that such condition has been correcte<J.

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January I,1977 To form a\\

Ef f ective Date of part of Policy No flf-174 this Endorsement _.

12.01 A.M. Standard Time issued to Northern States Power Companv Date of issue December 15, 1976 For the sukcribing co panies By _.

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General Manager

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Countersigned by[g'1. /f yfg/

Endorsement No ~~39 pq[_ q (1/1/77)

Nuclear En;rgy Liability Insurance NUCLuR ENERGY LIABILITY INSURANCE AwOCIATION l

WAlVER OF DEFErlSES Ef1DORSEMEt1T (ExtraordinaryfluclearOccurrence)

The named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Assoc 4 tion agree as follows:

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1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the con-struction, possession, or operation of the f acility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility.,

the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:

I (i) negligence, (ii) contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening causes, whether involved the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof, but in no event more than twenty years af ter the date of the nuclear incident.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2. The waivers set forth in paragraph 1. above do not apply to (a) bodily injury or property damage which is intentionally sustained by the claimant or which results f rom a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of and in connection wifi the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or re-quired to be provided under any workmen's compensation or occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under such law, fiE-33a (over) m w wm *,

3. The waivers set forth i n paragraph 1. above shall be e W ctive only with respect to bodily injury or I.

perty damage to which the polic, applies under its terms l

other than this endorsement; provided, however, that with respect to bodily in-jury or property damage resulting from an extraordinary nuclear occurrence, in-suring Agreement IV, " Application of Policy", shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and for which written i

claim is made against the insured not later than twenty years after the date of 1

the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial pro-tection required of the named insured; (b) the agreement of indemnification between the named insured and the the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liateility provisions of Subsection 170e. of the Atomic Energy Act of 1954, as amended.

Such waivers shall not preclude a defense based upon the failure of the claim-ant to take reasonable steps to mitigate damages.

4. Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because ;f bodily injury or property damage to which the policy applies as proof of financial protection.

5. As used herein:

" extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

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

" claimant" means the person or organization actually sustaining the bodilym injury or property damage and also includes -his assignees, legal represent part atives and other persons or orgpa{zations entitled to bring an actionLfor-) au des-damages on account of such i

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' %. 'I b, this Endorsement J anuarsA.19 U_ _ __. _

_To form a part of Pohey No 12 o1 A.M Standard Time issued to No r tJgarn_S t a t es_Powe r Compa ny Date of issue _INccr.:brI_11.._1916 sv 2g co anes ey I

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General Manager Endorsement No 40 countersigned by

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(1/1/77)

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.: lear Energy Liability Insurancs NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDMENT OF DEFINITION OF

" NUCLEAR ENERGY HAZARD" (Indemnified Nuclear Facility)

It is agreed that:

1. Solely with respect to an " insured shipment" to which the policy applies as proof of financial protection required by the Nuclear Regulatory Commission, subdivision (2) of the definition of " nuclear energy hazard" is amended to read:

(2) the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a) the territorial limits of the United States of America, its territories or possessions, Puerto Rico or the Canal Zone; or (b) international waters or airspace, provided that the nuclear material is in the course of trans-portation between two points located within the territorial limits described in (a) above and there are no deviations in the course of the transportation for the purpose of going to any other country, state or nation, except a devia-tion in the course of said transportation for the purpose of going to or returning from a port l

or place of refuge as the result of an emergency.

2. As used here, " financial protection" has the meaning given it in the Atomic Energy Act of 1954, as amended.

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Ef fectue Date of this E ndorsement__Ja nua ry._ l., _197 7_

To form a part of Policy No NI" I74 12 ol A M Standard Time issued to _.._ Northern States Power Company For the su

Crsbing Co panies Date of issue _.__ _ DQcCnbCT_l h_1976 B y _

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General Manage

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Endorsement No 4J__ _

Countersigned by

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O' NE-44 (1/1/77)

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Fuclear Energy Liability Insu' rant'].

'NUC, LEAR hfidRGY LIABILITY INSURANCE ASSOCIATION 2 1)' ADVANCE PREHluttAND STAf1DARD PREMIUM EtIDORSEMENT--.

2)LCHANGES IN SUBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE-LIABILITY ENDORSEMENT' Calendar Year'1977.

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la. ADVANCE PREMlUM: It is agreed _that the Advance Premium due.the companies for the period designated above is:

'201,500.00--

b. STANDARD PREMlUM AND RESERVE PREMluti: In the absence. of a change in the -

Advance Premium indicated above, it is agreed that.-- subject to-the-pro -

visions of the Industry CreCit Rating Plan, the Standard Prenium is said Advance Premium and the Reserve Premium-is: ?$-

- 150,315.00 2.

.It is agreed that with respect to bodily injury or property damage caused,-

during the effective period.of this endorsement, by the nuclear eneroy--

hazard:

a. The word " companies wherever used.in-the policy-means the :

subscribing companies listed on the reverse side of this endorsement.

b. The policy shall be binding on such companies only,

c. Each such company shall be liable only for its proportion of any obligation assumed or expense incurred under.the policy because of such bodily injury or_ property _ damage as designated on the reverse side of this; endorsement.

3.

It is agreed that the effective period of this endorsement is' from the-beginning of the effective. date of this endorsement stated below to the-close of December 31st.of the Calendar Year. designated in the caption above, or to the time of the termination or cancellation of the policy, if sooner.

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.this Endorsement Ja nuary_14_19.77 To form a part of Policy No-NF-174

,12.01 A.M. Standard Time -

Issued to Northern States Power Company Date of lssue nor'omhnr 31L 1976-For the su tcribing co panies

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a General Manager

.- Endorsement No 42 M

Countersigned by,-

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SUB5 CRIB 1M COMPANI(5

' pp0mtfl0'i Or In't otna Casualty and Surety Cof. The.151 Farminuton Ave.,' Hartford CT 06156

11. A14hM2 htna insurance Conrany. 55 C1n St.. Hartford. CT 96115

?. 3?18,15 a J11 state Insurance Co.. S324 Skokie Blvd...$kokie. !L 6%4 a,M76320-American Fye Assurance Co.,142 fieldee La.. New York fiY 1%05

.E5N145' American fiotorists insurance Co.. Long f rove. IL Moon 1971127 Centenetal inwrence Co. 43 Dell St.. fim York, fly 1090;

.. M71127 Corrercial t;nion Insurance Concar.y. One Bescnn St.. Bosto% MA T101 3.7181056-Cortinental Casualty Co.. ChA Plaza Chica7% lt 60M5

4. 6a M 32')

Continental Insurance Company. The.. (19 tiaiden La.. ?bw York. NY IM30 6 1o68427 Federal Insurance Co. 51 John F. kennedy Pkwy.. Short Hills, f J 07078 -

_1.^p36R5 i >+ man's Fund Insurance Co.. '3333 Calif ornia St.. San Francisco CA n411a 4.2641204-Gened Accident Fire and Life Assurance Corp,; Ltd.,414 Ifalnut St.. Philadelphia, PA 19105 1.11MM1 (can Insu ance (n.; SM Walnut St.. Cincinnati OH 452n1

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Grea t Amt r

r.ulf Insura..re Co. 3015 Ceder.5prings. Dallas. TX 75221-

.1549211-Hanover insurince Co.; The,-440 Lincoln St.. Worcester. M 019"5

.aM7632 Hartford A:cisant end ledemnity Co.i Hartford Plata. Hartford. CT Q4115 7.7449 W harticed $ team doiler inspection and _In%ur4nce Co-.1The, 56 Prospect St. Nortford CT nE192 -

.2.71111R7!

J2M32S tione Inde'nity Co.. The. 59 !iaiden La.. flew York. NY 1003'!'

6.971AA% -

Insurance Company of North America. IMO Arch Sti. Philadelphia, PA Into) -

ilaryland Casualty Co., P.O. BOX 1220. Baltimore. 'iD 21213 1.5402197 d ~

11ocarch Insurance Co4 - of Ohta. Tt:e.119 Rector St.. New York, fly 1%74 -.

.2711116 1

Mrthwestern National losurance Co. 731 North Jackson St.. 'tilwaukee. HI W"2

.U2??37 Pacific indeenity Co.,'32% utishire Boulevard. Les Anaeles. CA no^v -

SMM '1 Peerless Insurance Co 62 itspie Ave. reece. New Havshire 63*31

.MM?%7 l

Phoents Assurance Company of. Dew York. Wlaiden La.. Ne v York. NY 19nP 46476 E Providence Wash *,; ton Insuracce Co. 21 Washington Place, t'revidence, RI n7003

.M6N57.

-.73 m 16 Puritan lesuruce Company.1515 Sumer St.

Stanford. CT 6M%

1.29W5 -

'telianc'e losurance Cortany. 4 Penn Center Plaza, PhiladeMhia.'Pt 10191 -

9eyal r. lobe. Insurarce Co.

150 William St.. New tork, fly 10013 -

3.8731 M

. St. Paul Fire and liarineinsuran:e Co. 315 Washinqton St.. St. Paul, 3 5519?

M19?W

. Seahcard Surety Co. 91 William 5t2 New York, ny l'in3a

..sMM 21 -

- Security insurance Comany of Hartford.11M Asylun Ave,. Hartford..Ci 0Ain13 1.M57172-State Farm Fire and Casoalty Company.112 [ast Nashington St.. Bloomington..IL 5170!

.77 " O t.

Traqamerica Insurance Cor.1150 So. Olive St.. Los Anceles, CA 6m14 :

. K19643 '

~ Travelers Indennity Ctrean/. The. 0*e Tower Scuore. Hartford CT 4All%-

i1'L?$13^53' United States Fidelity and Guaranty Co.

P,0. 80X 1133.. Faltimore. MD 21263

-A83MM*

United States Fire Insurance Co. Itsdison Ave. at CaMield.Rd.. florristown. PA) 07oM 2.N 3 W 3 2drich insurance Co.,111 West Jacksor. Blvd.. Chicago IL (otna

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. MUTUAL ^ ATOMIC:: ENERGY : LIABILITY; UNDERWRITERS ADVANCE PREMIMI ENDORSEMENT and.

STANDARD PREMInt ENDORSEMEh'r 1

Calendar Year 1977

- l '. ADVANCE PREMIUM It is-agreed that the Advance Premium due the companies for the-c'alendar year designated above is $ 58,500.00

-2.

STANDARD PREMIUM AND RESERVE PREMMI In the absence of a change in the Advan'ce Premium indicated above, it is agreed that, subject to che provisions of the Industry Credit Rating Plan,

.c the Standard Premium and Reserve Premium are:

Standard Premium 58,500.00 s

Resen e Premium 43,785.00 i..

-Effective ~Date of To form a part

- this Endorsement January 1, 1977 of Policy No, MF-51 Issued to Northern States Power Company Date of Issue December 6, 1976' l*

31 For the Subscribing ~Coc.panies S /'

MUTUAL ATOMIC. ENERGY LIABILITY-UNDERWRITERS By 1

2.

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-Endorsement'No.

31

. Countersigned by I

AUTHORIZED REPRESENTATIVE' l

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