ML20128D987

Informs That When New License Issued for Facility,Indemnity Agreement Will Be Amended to Add License DPR-22 to Agreement & License SNM-1144 Will Be Deleted

ML20128D987
Person / Time
Site:	Monticello
Issue date:	09/02/1970
From:	Saltzman J US ATOMIC ENERGY COMMISSION (AEC)
To:	US ATOMIC ENERGY COMMISSION (AEC)
References
NUDOCS 9212070440
Download: ML20128D987 (7)

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.l AMENDMENT NO. 2 TO INDEMNITY ACREDENT NO. 3 NORTFJPN STATES POWP COMPANT - DOCKET NO. 50-263 1

The Division of Reactor Licensing intende to issue a facility License No. DPR-22 authorising the possession and operation of the Montfeello Nuclear Generating plant at-a power level of 5 Wt pending ecepletion af l

ether itene before the reactor een so up to a full power level of 1670 l

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The reactor le currently indemnified under Indonnity Agreement No. 5-42 I

which covers the storage of fuel under Materiale Lisease gN-1144 and j'

- the reactor is under construction authorised by Construction Permit j

No, CPPR-31 The indemnity agreement was amended on Mereh 12, 1970, to increase the indemnified location to that portion of the approximately 1

l 1325 seres of land evned by Northern States Power company, ettuated en the right beak of the Mississippi River, la Wright County, Minneesta, q

On the date that DRL issues the new license, DPR-22, we will amend the lademnity agreement again to add DPR-22 to the agreement and to delete j

gNM-1144, to increase financial protection from $1 million to - $82 tillion and to add the MAILU policy to the indemnity agreement.- No change la the j

indemnified leastion is aseessary in view of Amendment 1, which puts tha l

entire plant site under the-indemnity agreement.

The' requirement for $82 million in financial protection is based on tie wording of Section 140.12 of Part 140 and an' interpretation that was placed on this wording ? tith regard to low power operation of nuclear power plants which are deeigned-to be operated at 100 We or more,- that e

was gives in the case of Jersey Central's Oyster Creek plant. Reference should be made to that file for a full discussion of the interpretation.

1he requirement for $82 million is also made despite the finding in paragraph 23 of the Initial Decision Authorising Provielemal Operating License for Imv Power 8 tart-Up Testing which was feeued by the Atomie safety and Lisemaing Board, en August 24, 1970, that $4.5 millies:ta finemaial protection was required.

The' indemnity. fee will increase from $100 per year to $150 per year effective on the date of the issuanoe of Amendment No.-2 to. Indemnity i

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Files 2-Agreement No. 3-42 and the issuance of DPR-22. At ouch time as full power is authertsed at the Montiselle plant the indemnity fee will go up aseia l

to refleet the higher level authorised.

i Sigh 6d, Jerome D. SWtzman Jerome Saltenan, chief l

Indemnity and Export control-

. Branch Division of State and Licennec Relatione i

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WASHINGTON. D-C. 20145 i

i Dockat No. 50-263 psFPM l.

AMENDMENT TO INDEMNITY ACREEMEWF_ NO. 842 AMENDMENT No. 3 t

Effective December 14, 1971, Indennity Agreement No. 542 betvoen

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i Northern States Power Company and the Atomic Energy Commission, dated October 3.1969, as amended, is hereby further amended as follows:

Article II is amended by adding the following proviso at the end of subparagraph 5(c):

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"Provided. however. that with respect to an extraordinary nuclear occurrence occurring at the facility, a claimant who is egloyed j

at the facility in connection with the construction of a nuclear t

reactor with respect to which no operating license has been issued I

by the Atomic Energy Comunission shall not be considered as employed -

i in connection with the activity where the extraordinary nuclear l

occurrence takes place if t l-(1) the claimant is employed exclusively in connection with the construction of a nuclear reactor, including all related equipment and installations at the facility, and (2) no operating license has been issued by the ABC with respect to the nuclear reactor, and

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l (3) the claiment is not employed in connection with the possession, j

storage, use or transfer of nuclear material at the facility."

FOR THE UNITED STATES ATOMIC ENERGY 00HMISSION -

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Ly 11 John n, Director.

Division of State and Licensee Relations j

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Accepted-December Mth 1971 ;

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'ROALD 0 if0HNSON Lt t::'."J0" vdUS l

Manager Incurance & Claimo t131 U;IM

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i teeket No. 50-263 I

AMICHNY TO IBBEIITT MRIBOWr 30, 3-42 1

1 Demmest? 30. 3 i

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Effective December 14, 1971 Indesmity Agreement No. 3-42 between Northern States power Campowy and the Atomic Roery Cossaission, j

i dated Oetsber 3,1969, se amended, le hereby further amended se

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Article II is=== led by adding the fe'alewing proviso at the end of j

ombraragraph 5(e):

1 "Pwridad, heeever. that with respect to an entreerdinary nuclear eeeerrence occurring at the facility, a claiment who is employed at the feeility in sommeetles with the eemetraction of a uselaar-reester with respeet to which me operating 11eemse has been teemed j

hy the Atoute Energy ceassissies shall met he acesidered as employed is eeanneties with the activity where the estraordinary amelaar escurrense takes place if t g

l (1) the slaimant is employed smalusively la commeetion with the i

eemetruetten of a sueleer reester, including all related j

equipment and lastallettene at the facility, and l

(2) no operating license has been teamed by the ABC with roepeet l

to the suelear remeter, and i

(3) the claimmat is not employed in eennection with the peeseesion, j

storage, see er transfer of nuclear meterial at the facility."

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FUt TR UNITED STATES ATONIC ENERCT 00 MSS 100f t,

j Lyall Johnson, Director l

Divisies of state and Licensee Relations Accepted

. 1971 i

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DISTRIBUTION:

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Docket No. 50-263 f

I A50'WIMENT TO IMDDWITY _ACKEEMrNT NO. B-42 l

ASfENDMENT NO._2 Effective SEP 8 1970, Indemnity Agreement No, n-42, dated October 3,1969, between Northern States Power Conpany and the Atomic e

Energy Consission, in hereby amended as ' follows :-

Iten 2a of the Attacineent to the indemnity agreement is deleted in ite entirety and the following substituted therefor Item 2 - Anount' of financial protection a.

$ 1,000,000 (From 12 :01 a.m., October 3,1969, to

- 12:00 midnight,$(P 7 _1970 inclusive)-

$82,000,000 (From 12 :01 a.m., S E P 8 1970

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Item 3 of_ the Attachment to the indensiity agreenent is deleted in its entirety and the following substituted therefor!

i Item 3 - License ntsnber or= numbers l

l SNH-1144-(From 12:01 a.m., October 3,1969, to -

12:00 midnight, SEP --7 1970 a

inclusive)-

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. DPR-22 (From 12:01'a.m.,

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Item 5 of the Attachment to the indennity agreement in.nnended hy. adding the following:

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FOR 1HE UNITED STATES ATOMIC ENERCY C0tNISSION 1

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Eber rice' Director

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Division of State and Licennee Relations i

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Accepted,_

1970 i

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110RTilERN STATES POWEll CO'fPANY 1

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