ML20133F475
| ML20133F475 | |
| Person / Time | |
|---|---|
| Site: | Braidwood |
| Issue date: | 09/30/1985 |
| From: | Oster J COMMONWEALTH EDISON CO. |
| To: | Saltzman J NRC OFFICE OF STATE PROGRAMS (OSP) |
| References | |
| NUDOCS 8510110052 | |
| Download: ML20133F475 (19) | |
Text
_ _ _ _ _
[
) Commonwealth Edison 72 West Ad ms Street. Chicago, ininois
__ ) Address Reply to: Post Office Box 767 Chicago. Illinois 60690 l
i September 30, 1985 Mr. Jerome Saltzman l
Assistant Director State and Licensee Relations Office of State Programs U.S. Nuclear Regulatory Commission Washington, D.C.
20555 RE:
Docket No. 50-456
Dear Mr. Saltzman:
Enclosed are two (2) copies of Nuclear Energy Liability Insurance Associations " standby" facility form policy NF-294 including Endorsements 1 thru 6 for Braidwood Nuclear Station.
S nce ly, y
(
. Oster Insurance Administrator JO/ck Enclosure l
B510110052 050930 PDR ADOCK 05000456 J
l Of l
Thia'ia to c2rtify that this is a true copy of the original Declcretiens baing made part of the Nuclear Energy Liability Polley (Facility Form) having the number designated hereon and including Endorsements numbered 1 through 6.
No insurance is afforded hereunder.
NUC EAR ENERGY LIABillTY INSURANCE ASSOCIATION 27 John St reet, ficw York. llew York 10038
.wt Nuclear Energy LLtdary Policy No. Np 294 John L. QiaattruccLi, Vice Pre sident-Limbality Urderwnting (Facihty Form)
Amencan Nucicarlasurers D EC LA R.AT1o N S Item 8. Named insured Commonwealth Edison Comnany Address P.O. Box 767 Chicaco. Illinois 60690 (No.
Street Town or Cary State)
Item 2. Policy Period: Beginning at 12:01 A.M. on the 21st dar of Atigust 39 85. and continuios through the effective date of the cancelation or terminanon of this po: icy, sundard time at the address of the named insured as suted herein.
Itern 3. Dextiption of the Facdity:
All of the premises includine the land and all buildinns and structures lustion
__ owned, occupied by or rented to Commonwealth Edison Company and known as the Braidwood Nuclear Station (including, but not limited to,' Unit 1, Unit 2 and the pipeline corridor to and from the Kankakee River) comprising of approximately 4457 acres and situated in Reed Township of Will County in Northeastern Illinois.
The site is located approximately 50 miles southwest of Chicago and 20 miles south-southwest of Joliet, Illinois Tyre Powe r Ront'nt a
l The Operator of the fatihty is Commonwealth Edison Comnany tiem 4 The hmit nf the companies' lubdirr is 3 1.000.000.00 subkt to all the terms of this robsy havins refeccace thereto.
Item 3. AJeance Premium i 100.00 item 6 These declarations and the schedules forming a part hereof give a complete dewrireson of the facehty, insolat as it relates to the nuclese energy hasard, esteps as noted no exceptions l
l Date of I...,
September 11
,gy85. Counterusned by Authiitered Ret resentasive l
i Nateer Eners, Labihty Policy (Facihry Form) u tn y (snand Re,o.on) l
p 6
i Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDMENT OF DEFINITION OF INSURED (Tennessee Valley Authority)
It is agreed that regardless of the provisions of the second paragraph of Insuring Agreement II, part (b) of the Definition of Insured includes i
as an insured the Tennessee Valley Authority with respect to its legal responsibility for damages because of bodily injury or property damage caused by the nuclear energy hazard.
inisbnoromont August 21, 1985 To form a part of Policy No NF-294 12.01 A.M. Stancaro Time issued to Commonwealth Edison Company Date cf Issue September 11, 1985 For the su cribing co panies
(
By Generel Manager Encoisement No 6
Counters! ned by 0
NE-63 i
Nuclear Energy Llability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDATORY ENDORSEMENT (Indemnified Nuclear Facility)
It is agreed that:
I.
In Insuring Agreement III, " DEFINITIONS" A.
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.
B.
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, 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; C.
Solely with respect to an " insured shipment" to which this 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 the handling-and temporary storage incidental thereto, within (a) the territorial limits of the United States of America, its territories or possessions, or Puerto Rico; or (b) international waters or airspace, provided that the nuclear material is in the course of transportation 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 NE-59 Page 1 of 4 (1/1/82)
(over)
i deviation in the course of said trans-portation for the purpose of going to or returning from a port or place of refuge as the result of an emergency.
D.
The definition of " insured shipment" is replaced with the following:
" insured shipment" means a shipment of source material, special nuclear material, spent fuel or waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, herein called " material",
(1) to the facility from any location except an indemnified nuclear facility, but only if the transportation of the material is not by predetennination to be interrupted by removal of the material from a transporting conveyance for any(2) from the facility to any other location, but onlypurpose other tha or until the material is removed from a transporting conveyance for any purpose other than the continuation of its transportation.
E.
As used herein, " financial protection" has the meaning given it in the Atomic Energy Act of 1954, as amended.
II. Insuring Agreement IV is replaced by the following:
IV APPLICATION OF POLICY This policy appPe; only to bodily injury or property damage (1) which is caused during the policy period by the nuclear energy hazard and (2) which is discovered and for which writter, claim is made against the insured, not later than ten years after the end of the policy period.
III. Condition 2 is replaced by the following:
2 INSPECTION; SUSPENSION The companies shall at any time be permitted but not obligated to inspect the facility and all operations relating thereto and to examine the insured's books and records as far as they relate to the subject of this insurance and any property insurance afforded the insured through American Nuclear Insurers.
If a representative of the companies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hazard, a representative of the companies may request that such condition be corrected without 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 continuation of such dangerous condition, and to the United States Nuclear Regulatory Comission, suspend this 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 corrected.
NE-59 Page 2 of 4 (1/1/82)
Neither the right to make such inspections and examinations nor the making thereof nor-any advice or report resulting therefrom shall constitute an undertaking, on behalf of or for the benefit of the insured or others, to determine or warrant that such facility or operations are safe or health-ful, or are in compliance with any law, rule or regulation.
In consideration of the issuance or continuation of this policy, the insured agrees that neither the companies nor any persons or organizations making such inspections or examinations on their behalf shall be liable with respect to injury to or destruction of property at the facility, or _any consequential loss or expense resulting therefrom, or any loss resulting from interruption of business or manufacture, arising out of the i
making of or a failure to make any such inspection or examination, or any report thereon, or any such suspension of insurance, but this provision does not limit the contractual obligations of the companies under this policy or ar.y policy affording the insured property insurance through American Nuclear Insurers.
IV. Condition 4 is replaced by the following:
4 LIMITATION OF LIABILITY; COMMON OCCURRENCE Any occurrence or series 'f occurrences resulting in bodily injury or property uamage arising out of the radioactive, toxic, explosive or other hazardous properties of 1
(a) nuclear material discharged or dispersed from the facility over a period of days, weeks, months or longer and also arising out of the properties of other nuclear material so discharged or dispersed from one'or more other nuclear facilities insured under any Nuclear Energy Liability. Policy (Facility Fonn) issued by. Nuclear Energy. Liability Insurance Association, or (b) source material, spcial nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content in the course of transportation for which insurance is afforded under this policy and.also arising out of such l
properties of other source material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any are processed primarily for its source material content 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, 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 the Nuclear Energy Liability Insurance Association under all Nuclear Energy Lia-bility Policies (Facility Form), including this policy, appli-cable to such common occurrence shall be the sum of the limits NE-59 Page 3 of 4 (1/1/82)
(over)
- ~
of liability of all such policies, the limit of liability of c
each such policy being as determined by Condition 3 thereof, but in no event shall such total aggregate fiability of such members exceed $124,000,000; (2) the total liability of the companies under this policy shall not exceed that proportion of the total aggregate 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 of liability 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.
-V.
The second paragraph of Condition 12, "0THER INSURANCE", is amended to read:
If the insured has other valid and collectible insurance (other than such concurrent insurance or any other nuclear energy liability insurance issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Ener Underwriters to any person or organization)gy Liability applicable to loss or expense covered by this policy, the insurance afforded i
by this policy shall be excess insurance over such other insurance; provided, with respect to any person who is not employed at and in connection with the facility, such inst.rance as is afforded by this policy for bodily injury to an employee of the insured arising out of and in the course of his employment shall be primary insurance under such other insurance.
VI. Paragraph (c) of Condition 16, " COMPANY REPRESENTATION", is amended to read:
(c) Nuclear Energy Liability Insurance' Association is the ' agent of the companies with respect to all matters pertaining to.
this insurance. All notices or other communications required by this policy to be given to' the companies may be given to such agent, at its office at The Exchange, Suite 245, 270 Farmington Avenue, Farmington, Connecticut 06032, with the same force and effect as if given directly to the companies.
Any requests, demands or agreements made by such agent shall be deemed to have been made directly by the companies.
4 Effective Date of this Endorsement Aunust 21. 1985 To form a part of Policy No NF-294 12:01 A.M. Standard Time issued to Commonwealth Edison Company For the su scribing co panies Date of issue September 11, 1985 l
By
/
General Manager Endorsement No 5
Countersigned by
Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION i
SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing the application of paragraph 2(b) of the WAIVER 0F DEFENSES ENDORSEMENT (NE-33a) with respect to an extra-ordinary nuclear occurrence occurring at the facility, a claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating licer.se has been issued by the Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:
(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 Nuclear Regulatory Commission with respect to the nuclear reactor, and (3) the claimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility.
Effective Date of this Endorsement August 21. 1985 To form a part of Policy No NF-294 12:01 A.M. Standard Time issued to Commonwealth Edison Company For the su scribing co panies D:ta of Issue _.Sepigmbfr 11_. 1985
(
By General Manager Endorsement No 4
Countersigned by
Nuclear Energy Liability insurance i
NUCLEAR ENER2Y LIAR!LITY INSURANCE ASSOCIATl;N WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)
The named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:
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 facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from th'e facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of th.e claimant or the fault of the insureds, including but not limited to:
(1) negligence, (ii) contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening causes, whether involving 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 after 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 from 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 with 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 I
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.
NE-33a
s I
i i
3.
The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms 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 claim is made against the insured not later than twenty years af ter the date of 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 Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability 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 enforceab.le in accordance with their terms against any insured in an action to recover damages because of 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 bodily injury or property damage and also includes his assignees, legal represent-atives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.
Effective Date of NF-294 this Endorsement August _21 _1985 To form a part of Policy No 12:01 A.b. Standard Time issued to _Commonwe.ahh Ediaon_ Company For the su scribing co panies Data of issue Reptembar 11-14R5
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By o.ne,.i
.n.
e, Endorsement No 3
Countersigned by NE-33a nnAnAnw
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVAf1CE PREMIUM Af40 STANDARD PREMIUM END0RSEMENT CALENDAR YEAR 1985 It is agreed that Item 5 of the Declarations " Advance Premium" is amended to read:
ADVANCE PREMIUM:
It. is agreed that the Advance Premium due the companies for the period designated above is: $ 100.00 STAflDARD PREMIUM AND RESERVE PREMIUM: In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the provisions of the Industry Credit Rating Plan, the Standard Premium is said Advance Premium and the Reserve Premium is:
67.00 l
Eff ctive Date of this Endorsement August 21, 1985 To form a part of Policy No NF-294 12.01 A.M. Standard Time issu:d to Commonwenith_ Edison Company For the su icribing co panies rt2 of issue _ September 11. 1985 By General Manager End:rsement No 2
Countersigned by flE-4 8
I Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION As soon as practicab!c after each December 31 and after the termination of this policy, the standard premium for the preceding calendar year shall be fmally 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 msured.
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) f)se of Reserve Premiums All reserve premiums paid or payable for this policy may be used by the members of Nuclear Energy Liability Insurance 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 Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters.
(4) Reserve Premium Refunds A pottion of the reserve premium for this policy for the first cal-endar year of any group of ten consecutive calendar years shall be returnabic to the named in-sured provided there is a reserve for refunds at the end of the tenth calendar year.
($) Con;putation 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 refund for any calendar year shall be fmally 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 naraed insured for that calendar year, determined in accord-ance with the provisions of this Condition 1.
4 Effective Date of this Endorsement August _21. 1985 To form a part of Policy No.
NF-294 12:01 A.M. Standard Time issued to Commonwenith Edison Company Date of Issue SoPtember 11, 1985 For the su ribing com ies t
By Genctal Managet Endorsement No.
1 Countersigned by u er nos e
r i
Nuclear Energy Liability 1:surance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION INDUSTRY CREDIT RATING PLAN PREMlUM ENDORSEMENT It 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 premlum", for any calendar year, is the estimated standard premlum 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 pald to the coropanies and specifically a!!ocated under the Industry Credit Rating Plan for Incurred losses. The amount of the " reserve premium" for this policy for any calendar year during which this policy is in force is the amount designated as such la the Standard Premium Endorsement for that calendar year;
" Industry reserve premium", for any calendar year,is the sum of the reserve premiums for that calendar year for all Nuclear Energy Liability Policies issued by Nuclear Energy Liability 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 because of obligations assumed and the expenses incurred in connection with such obligations by members of Nucl:ar Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters under all Nuclear Energy Liability Policies issued by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters and sut>
ject to the Industry Credit Rating Plan; the sum
" reserve for refunds", at the end of any calendar year, is the amount by which (1)d of such of allindustry reserve premiums for the period from January 1,1957 through the en 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 reserve premium for the calendar year for which the premium refund is being determined to the sum of such amount and the totalIndustry referre prendums for the next nine calendar years thereafter, provided that the Industry reserve premium refund for any es!endar year shall in no event be greater than the industry reserve premium for such calendar year.
(2) Payment of Advance andStandard Premiums The nam:d insured shall pay the companies the advance premium stated in the declarations, for the period from the cliective 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.
I mlum 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 ASSOCIATION 127 John St reet. New York. New York 10038 Nuclear Energy Lubihty Pohcy No. NF- - 294 (Facibry Form) esetaaArtout item I. Named Insuced Commonwealth Edinon Comoany Addme P.O. Box 767 Chicano. Illinois 60690 (No.
Sueet Town et City Sute)
Item 2. Policy Period: Seginning at 12:01 A M. on the 21st d4,of Annunt 19 83_,, and continuing through the edettive date of the cancelation or termination of this policy, sundstd time og the address of the named insured as stated herein.
Itern 3. Dewription of the Tecdity socation,_M1 of the premises including the land and all buildinns and structures owned, occupied by or rented to Commonwealth Edison Company and known as the Braidwood Nuclear Station (including, but not limited to,' Unit 1, Unit 2 and the pipeline corridor to and from the Kankakee River) comprising of approximately 4457 acres and situated in Reed Township of Will County in Northeastern Illinois.
The site is located approximately 50 miles southwest of Chicago and 20 miles south-southwest of Joliets Illinois Tyre Power Rantror The Orers'or of the f8(ilier is Conunonwealth Edison Company siem 4. The limit af the cornpiales' lab. lier is s 1.000.000.00 sub[at i all the seems of this rohn havina refereaee thereto.
liem 3. Ad..n<e reemium i 100.00 leem 6 These afrifasstions sad the schedules formans a part hercol give a cornricie Jewrireson of the facility, insofst as it relates se the nu<!cer energy hassed, esce:4 as noied no exceptions n ie of I ve September 11
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' NUCLEAR ENER3Y LIABILITY POLICY (FACILITY FORMI The undersigned members of Nuclear Energy Liability Insurance Association. hereinafter called the " companies." coch for itself, severally and not pointly, and in the respective proportions heremafter set forth, agree with the insureJ. named in the dnfarsisons made a part hereof, m consideration of the premium and in rehance upon the statements in the declarations and subsect to the hmat of liabihty, exclusions, conditions and other terms of this pohcy:
INSURING AGREEMENTS I COV8tAGE A - BOSILY INJUtf AND PROPitTY BAMAGE byproduct material; UA8ILITY To per on behalf of nhe insured:
"somete maternal," "spreial entlene metreial," and "bypeedact merenal" (1) all sias whwh the insured shall bnome legally obhgated to pay have the meanings given them in the Atomic Energy Act of 1934, or in as damages because of bodily snlury or property damage caused any law amendatory thereof; by the nwlear energy hasard. and the companies shall defend any a,p,u /sel" means any fuel element et fuel corrponent, solid or Isquid, suit against the insured alleging swh boddy intury or property which has been uwd of espneed to tsdiation in any nulest teutor; damage and seeking damages which we payable under the terms
..,,,, means any waste instenal (1) con:aining byproduct material of this poluy; but the companies may make swh investigation, from the operstaon by any person or sfganisation of and (2) tesultanfity sacluded within the de6nstion of nuclest faility negotierson sad settlement of any claim or suit as they deem
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exped "
,,, der peregraph (1) or (2) thereof; un (2) costs cased against the insured in any such suit and interest ori
,.sh fudii) rneans the fushey described in the declarstions and in-any ludgment therein; cludes the location designated in item ) of the duiststaons and all e ()) premeums on appest bonde and on bonds to telesse attachments property and operations at sah location; an any such suit, but without obhgation to apply for et furnish
,,,j,, g.' rneans "the fushty" as denned in any Nucleet Energy such bonds' Liabihty Pohey (Fushey Form) issued by the companies or by Mutual (4) ressonable expenws, other than loss of earnings, incurred by the Atomic Energy Liabihty L'nderwriters. The term "nuclest facihty" also insured at the companies request means (1) any nuclear teactor, CovstA68 8 - DAMAGE TO P90P887Y OF AN INSUSED (2) any equipment or device designed or used for (a) separating the AWAT PSOM THE PACluTY inusopes of utensum or plutonium, (b) processing or utslaajag With respect to property damage caused by the nwiest energy h::ard spent fuel, or (c) handhng, processing or packaging weste, b property of en insured whuh is assy from the fuehty, to rey to
()) any equipment or device used for the procewing, fabricating of swh insured thow sums whkh sah insured would have been legally elloying of special nwleet material if at any time the total amount obhasted to pey as damsges therefor, had swh property belonged to of swh meterial in the custody of the insured at the presases another.
where such equipment or device is located consists e,f or comesias more than 25 grams of plutonium or ursaism 23) et est cnen.
COVftAGE C - SUtt06ATION - OPPSITE IMPLOy005 bination thereof, or more than 210 grams of urensen 233 With respnt to bodily iniury sustamed by any employee of an insured (4) any structure, basin, escavation, premises et place prepared et used for the storege or dispoul of waste, and caused by the nwieer energy hasard, to per to the workmen's com.
and includes the sete on whkh any of the foregoing is located, all tion carriet of s2ch insured all sums whuh swh cartwt would twen entitled to recover and retam as damsges from another operations condated on swh site end all premises und for such person or organisation, had swh perun et orgenasten elone been operations; legally responsible for swh bodily iniury, by reason of the rights "jeg,. y,4 e,/,,, facuny" means g
acquired subrogstion by the payment of the benefits required of sah (3) % fushey" as denned in any Nwleer Energy Liability Policy cerrwr u t the applw ble workmen s compensataan or occupetsonal f recility Form) issued by the cornpaaws of my Mutual Atomac disease law. An employer who es a duly qualified self insuret undet inergy Liebihty Underwtsters, et sah law shall be deemed to be a workmen's compensation cannet (2) any other nuleet Iscility, bedsly intury sustained by any person who as employed et ag to et anancist protection as required pursuant to the Atomic Energy Act of tenhan the meening of this covetsge. This Coverage C does not sp en 1914, et any law amendatory thereof, with reepwt to any oct veries et connection with the fwahey-openum condwud thervet-nas Cowesse C shall not consuture workmen's compensation insutatue
,,,f,,,,,,,,, eneens any apperseus designed or used to susenin as required under the laws of any state.
nwleet Aesion in a self. supporting chain reacten or to teetein a stsewel mass of Essionable meterial; DS "ee</,,, es,rp kaart' means the teJeoective, tonic esplosite et other 11 (a)PINITION Of INSU000 The unqualined word " insured" iruluJes haastdous properties of nucleet ensterial, but only d the named insured and (b) any other person or organiution with tapect to his least responsibihty for damages bnause of boddy intury (t) the awleer materal as at the fudity or has been discharged or or property damage caused by the maclest energy hasard.
disperwd therefrom without intent to rehnquish posoewise et Subdivisson (b) above does not include as an insured the L'neteJ custody thereof to any penos or organisetsen, et Steen of Amerka or any of its agencies.
(2) the nulent material is in an insured shirenent 3 huh is (a) le the Subsect to Condition ) and the other provisions of this pohry, the course of ersasportation, including handhas and temporary storese insurance opphes seperately to each insured against whom sisim is i,widental thereto, wethan the territorial limits of the L'neted States made or suit is brought.
of Amerra, ses territories or pouessions. Puerto Rwo or the Canal Zone sad (b) away from any other nwieer fashty; Wherever used in this polwy
"/ meed @wns" nwens a Wpment of soufu enatu,lal, s#41 nular III "DSPINfflONShady infery" meens boddy injury, skhness or disease, induding iry from a nwiest facehty owned by the L'nited States of Amerwe, but materal, spent fuel or weite, herein called maternat, (l) to the lud.
death ruelting therefrom, sustained by any person; ordy if the transportation of the material as not by predetermination to "preperty 4, esse" means physwat inputy to or destruction et radio-be interrupted by the remnssi of the material from a transporting con.
dnttoyed or contaminated,perty, and loss of uw of property so insuredand lou of one of property whde evacuated tion, or (2) from the fuihry to sn, other location escept en indemni.
ective contammation of pro veyance for any purrese other than the continuation of its trensterta.
or withdrswa from use baause possibly so contaminated or basuse of ned nwieer fuihty, but only untd the material is remoted from a amminent danset of sah contam nationi transporting conveyance for any purpoe other than the continuation of "ser/,er assiersf" rneens source meterut, special nuleer meteral et its transportation.
Nwlens Energy Liebdity Policy (Tudity Torm) 2/1/37 (Second Revision)
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I IV os property damage (I) whuh as caused durma the pu my perumf by written claim is made sgainst the insured, not later than tws yests efter AppMCATION Op pOUCY Thas pohry appines only to bndily iniury ine end of the pha pereud.
the amfear energy hazard and (2) which as diuovered and tot s hah EXCLUSIONS This poluy dare not apply:
tions, in time of peace or wet, of any awleer weapon or other (a) so any obhastion for whuh the lesured or any carrier as he la.
instrument of was utdiaang sensel nulent anseerial oe byprodwt sween may be held liable under say workmen's cornpensatsnn, un.
meterial; employment compensatum or disabihty benc6ts law, or under any (e) to bodily iniury or property dernese due to war, whether or not similar law; derfered, cred war, ensurrution, rebellson or revolutaan, or to any (b) euert with respne to liability of another assumed be the insured.
act or condisson irmident to any of the furegoing; under ceweract, so tumbi iniury to any employee of the insured arising out of awl in e course of his ernployment by the an' (f) to property damage to any property at the locatane designated la sund, but ihn esclusion does u a spply to brufdy aneury to any Item 5 of the declarstsons, other than aantait, wesenrest or ve-perwei who is nut employed at and in sonnettiun with the facihty hules luenced for highway use, provided simh eintaft, wetenreft of the ensured has cornpleed wah the requerernents of the oppleable or vehules are not used in connection with the operetson of the woehmen a compnestion or nicupaiennel deseene law respeiting feed 4' the sauring of compenution beneAts thereunder to his employees, (g) to property damage to awleet material in the course of transporte.
(c) to liebehty enumed by sk insured under cootract, other than an tum to or from the fardwy anctudans headlang et esorage incadeetal assumptuut en a contrue with erwehet of the lubihty of any person ihnco; or orgensutson whuh would he omgesed by law on swh person or (h) unde, ce,erese B, so property damage due to negint of the in-oegenuatson en the sheerue of en esprns assumption of liabihty, g.,,d to see eH nominable means to save and peveerve the peop.
(d) to budity inisty or property damage due to the manufuturing.
erty after knowledge of the occurrente resulting in ewh property handhng or use at the forsteen dreignated in Item ) of the dalara.
damage.
e CONDITIONS 1 peewuum stated in the enlarations, for the Frumi from the effative pesgHead The named insured shall pay the companies the adesrue crey damese caused during the poluy period by the nuleer energy butd, the limit of the compaws* liebehty stated in the dnlaistene as dose of thee peluy through Dnember li following Theresfier, si the the tout tubehty of the compales for their obhgetsons under this beganaang of eesh calender yver whale this poluy as in fone, the named polary and the espenees incurred by the compeases en tonantsee with ensural shall pay the advance premsum for swh rest to the com sah obhgations, escluding The adveare premeum for each calender year shall be sure:pnees in a (al pyments in settlement of claims and le seeinfectee of judgesets wretwo nesse amn by the conipenses to the named meured as enon as eg. net the insureds for damages bessene af bodele in prertueble pesar so or afset the beguinens of swh year.
erty danuge, pymrees snede under pares (2), b)iuty or peop.and (4) of Swh eJeomie premiums are estimated premsums only As soon en Coverese A sad payments made en aest6eewet of clease mader preatumble after each Dneenhet li sad after the termuutson of this Coverages 8 and C; poesy, the seemed peneum for the peneding premium retual skll be (b) Nyments for es ierurmi in the ineretigelsen, moyeesation, coenputed in errordante with the coenpanes rules, rates, retma plans.
sentement sad enne of any claim or east, aerhedesis, but ant premeums and maaimum premianu oppluable to this insurstue. If the lamsted to, the cost of eah servues by seisted senpoogees of the earned premeum thus computed for any premsum period esteeds the coinpenses, fees and espenses of 4
- edgassets, socorneys' advanie premeum pressously real for sah perusl. the named sneured fen and dehurwmenu, espenen for espert testesnney, inspetenn shell my the escess to the companies, d less, the somranen sbil re.
and apprsmel of property, eessiensteen X roy se suepper et eneds-ruen so the named insured the unestned portion peal by swh ensured cat espnen of say hand; The named insumi skll snainuin twords of the informatonn neces.
(c) pyments for espenees larurred by the tempenses in investisetans sery for premeum computatum and shall send copies of sah enotds to en orestrence resultang in bodily emputy se property damage of en the cornpnees se dimted, at the end of eeth salenJat year, at the end mmimising ett effects.
of the poiwy prumi and at swh other times durms the polwy perumi Esh payment made by the compnies in discharge of their e6h tions as the compnaes may damt*
under this polwy or for espenses ensureni in connet'en wat swh ohhgatmas shall rniwe by the amount of sah pyment the lunst of the INWGCTION: SWSPSN640N The rompanies shall be permetted to 2 anspect the foohty and to esamme the meured's tww>be and records at compnees lubihty under this play.
it, dor,ng ihe polny pe,nni or subsequent therveo, the foul of swh any tune, as for as ther telate to the sub est matter of thee insursnre-pyments ensde by the compenses shall enhauet the hmet of the tom.
i If a representative of the compenses dimovers a condeimm whiih he panses lubehty undet this polwy, all lubdity and obhastens of the lwbeves to he unduly alongerous =#th respeit to the nulest energy coniraneet under this play shall therenpan terminate and shall be hasard, a representame of the cornpenws eney request that swh ronds.
mentsievely penumed to Nee twen dimnarged This felay, if not lam be termted without delay. In the event of nnn<ompharme with theretofore tanseled, shall thereuptm autometwally terminate, eush requeet, a represenutsee of the companies may, by notwe to the Regardless of the number of yeert tbs clary shall continue en forte named ensured to say eehet pertam or orgonnatum sonomiered by the and the number of premiuma ohnh skll(ne reyeble or ped, the hmet we to ime reonesible for the sentinuance of swh ifangerous seen a
etaan, ead to the United kees Afonur Inergy Cornmassson, sus-of the companies' habber suted in the delarstens abil not be sumutare,, rrom yest to year.
pend the ensussaie meth enent to the named meured and sah other ptson of orgenssation egntive 12 00 nudnsghe of the twat busmns day of sah Commissum following the date the swh Commnsion LlWlyAfl0N 0p Lf AtiLITY COWWON OCCUgglieCE Any outur. A entives swh nutze lhe period of swh suspnoson shil terminare as rence or setics of soeurserues anulting in tuhly iniury of property og af the tune stated 6n a written norme from the companies to the naeried damage arriing nut of the taJermtive, toner, est <mve et other ha ard.
l ansured and to ee<h sah perum or organnaten that such condiene be on.s propertees of been termoed.
(a) nwiest material disiharged or despersed from the facihty over a prwml of days, weeks. mimths or longer and also etnina out of 1 UgNT Of UA40UTTI 70stNNAflON Of POUCT l#PON 85, swh rmprtees of other nwitar materul so dissharged or dis.
J NANSTION SP useff Regardless of the number of prmes and P'f**d It'"" *a' at ma" h" "* l' I*"h'"' 'n'ured by the orgenseeseens who are ensureds under this relay, and regardless of th, compenws under a Nwiest fnergy Labehty Pohry (f acehrt ainaher of slaines made and tuses brought against any of all 8aturede b'* I' "
lwtsuse of one or nwre assurrenats resulting in t==hly ensury or prop.
(b) source material, speiul amlest motetul, spent fuel et easte en the
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course of tran.pertation for ehirh insursewe.s aNorded under this penperty. The insgre'8 skli incfode in the prnof til loss e copy of all polwy and also esit ng out of su h propesten ei twhat source deu rttions and 34hetules in all odwies Uren ibe tomranies' teqvcst, i
snaarraal, specia: swant material, sMnt fuel er m aste 4 the course the miured shall ruereth ver:6ed plans and srets/ nations of ans iwh of transportasson for ehah insurance es adorded under one or pro erty. The insured, as often as may be resionably required, shall es.
eente other Nwleer Energy Liabdaty Polases (Facihty Form) is-habit to any penon designated by the tormpanies any or sah property, sued by the companies, and submat tu eastranations undet oath by any person named by the shall be deemed to be e crunmon ortverence sesulteg in bodaly injury os compenses and subteribe the same; and, as often as eney be tassonably peeperty desiege caused by the nulear energy haurd.
requered, shall prodwe for esaminaten all books of account, enords, a to sah bodily ensury and property dame (1) the total b'Hs, mvowes and othu muclwn, or urtdied copws dwrnf of oti ' Is Washse aabelary of the companies undet all Nwlest [nergy Liabditybe lost, se swh ressonable time and place as mer be designated the en (Ferdsey Fores), includeng thes pelwy, op compamn or hit representatnet, and shall permet estracts and copies smee orrorvoere shall be the sum of the tenues o[inable to swh com.
hebihty of all swh etwnot to be made.
lasee, the land of labihty of enh sah polwy being as determmed Ceedween 5 thereof, but in no event shall sah total a re te he.
AppeAISAL - Coeocoge E In case the insured and the companies Q wy of the compenses esteed $46,100.000. (2) the tots ha ahty of sNil fail to agree as to the amount of property damage, then, on the the compeaers under this polwy shall not esteed that proportion of the written denund of enhet, each shall seint a competent and disinterneed essel esgregste liebehty of the compenses, as stated in clause (1) above.
sppraiws and notify the other of the apprsaset selated withan tweeq whah (e) the isnut of lambehtt of this peJwy, se determined by Conds-dars of swh demand The appraisers shs!! Ant.elne a competent ans tese 3, beers se (b) the sum of the imuts of liabahty of all sah polwses disinterested umpire anJ, fashng for 6fteen days so agree upon swh issued by the e see, the hmat of laebihty of each sah polay beeg umpire, then, on request of the msured or the compenses, sah sunpite se deterenesed by staan 3, thereof.
shall be selated by a eudge of a court of tuotd an the seate in whwh The peo,esiene of this conduen shall not operate to insteese the linut the proprty is forated The appraisers shall then opptease each item of of che compness(lambelaty endet thio polary, property damage and, Isihng to agree, shall subed theit d4etences only to the umpare. An sword an writes. to seemiaed, of ear two when Aled enh W componin shall dennnine dw enount of propeny 5 IISTICE er SCCueASNCE, CLAltd 98 $817 la the event of damage Esch apptaiset shall be paid by the arty selectans him and the bedely antwy of property damage to whub dias polwy opplses or of en ercurresse whah snsy gne taae to claims therefot, wtween noore espenses of the appraiul and umpire she I be paid by the staes equally The companies shall not be held to have waived any o their esmopsang portarulers su&cwet to identdy the insured and eleo renoun.
shey ohesmeable informatoes with ses e to the tusw. piece sad carrum-rights by any e<t relating to apprewal.
senarse alwesof, sad the names addresses of the ensured sad of esadable weteesees, shall be gaven by et for the insured so Nwleet Sutt06AfteN in the event of any prment under this polwy, the 11 Emergy IJehihty lasurance Aneusastaos os the compenses sa soon as compenws shall be subrogated to all the daeured's rights of taovery A*
peertmahie. If slaim as ansde or suit is brought egnanse the insured, he therefor esannst any person or organiusson, and the neuted shall es.
ehell invesdessely forward to Nwleet Energy Lieb.hry lasurance Ano-aute and Jahver anseruments and papers and do whatever else se castaan es the trunpenses every demead, notwe, sensmosis os other pro.
nnessary to servre swh rights panor to knowledge of bed.ly ensury or teos eneived by him os b s represenestave.
property damage soumi by the nwieer energy hautd the insured ensy waive in writing ent right of twovery against any person et orgsanas.
tum, but af ter swh Loneledge the insured shall not weave or otherw6ee 6 ASS 487A80CE A$lt C00pSSAflON OF TNG INSUG88 The in-pretuJue any sah tight of anonry, sured shall e te with the tempenses sad, upon the composers.
tsage and trials and essist in mahang settlements The cornpenses hereby waive any tights of subsoestaos acquised requset, ettend securtng sad smas evidenre, obesaning the ettendance of witnesses and against the United States of Amerwa os any of its egenaws by tensen of b the condwt of any lesel prorMd*gs a connation with the subtag ent payment under this polwy, matter of the ensurease. The insured shall not, estert at has own cost,
, The compenws do not telmquish, by the foregoing provisena, eey anehe say permeet, ensuaw any obhgetmo et ancus any esponse right to resterution from the insured out of any anontwo made by the ensured on octount of a loss covered by this gelwy of ear amounts ao whwh the componies would be entitled had swh provissons, ee any of 7 Agit001 AGAINST cog 8PANIOS== Coeeeegee A and C No them, not been instuded m this poluy, ertema shall lee against the toenpanies of eer of them unless, se a con.
dsesse pniedent thento, the insured shall have fully complwd with all the terms of this polwy not until the amount of the ensured e obhgetion OfM88 INlteANCE If the insurarwe aforded by this polwy for loss 17 o per shsil have been Anelly determined either by ludgenent against the or espense is sorwurrent euh mourarue sRorded for swh lose et es. A me enested af ter e<tval staal or by written agreement of the insured, the pense by a Nwint Energy Lubihty pohty (fuehty Form) sisued to
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the remed inauted by Nutual Atomw Energy Liebehty Underweiters, Any perses or organiseren ce the legal representaine thereof who hueinaftn taHn) "concuennt insunme? W compenws shall not be bse enured swh ludgment or written agreement shall there*Itet le liable undet this polm for a greater pro etion of swh lou or es entetled to tmont uvulet the gelmy to the estent of the ensursnre than the hmet of habs sty stated in the alorsesons of this plw rs oferded by this polwy No penim or organastmo shall have any right ll f$d N I'*'t of liabihty stand is W lars under Inis plwy to poin the compaws os any of them as parties to any estum assinas the usured to determme the insured's labihty, not shsil if the insured has other vehJ and tollatible insurente (other then the companws os any of them he empleaded by the insured or his legal such anniurrent insurarwe of any other nwiest energy habihty insutsrue terreientatue. Bankruptcy of insolvenry of the insured or of she an.
'"ved by the torennies or hfutual Atemw Eneray Labihty L'nderesse.
sured o estate shall not reheve the tempanies of any of their obhgatons e'l t* 887 frson et organintion) er fushle toloss or espense sovered by tha M wy, W mounnet aRotd by the pniwy shall te esins in.
hereundet, tutarwe over swh other insurarwe, provided, enh respect to ano penne ohn is rud emplateJ at and in innantion wish the fuihty, swh insut.
ACflON AGAINtf C00gPAN105-Covece,e O No suit or s< tion 8 on the puluy for the enovery of any claim lot property damage to en,e as o aRoeJed by thn f.lwy fut bmbly ensury en an emplotee of is,,n,,,,a,,oing out of and in the tourse of his employment shall le ehah Coverage B apphes shall Iw suoramable en any tourt of law of p,, mary iniunrue undet swh ether ensurarwe.
equity unless all the requirements of thd play shall have been dom-phed edh and unten sommenitJ enhen aan years af ter the tueusserue result ng in sah recprty damese CHAW 6tl Notwe to any agent or knneledge pnessed by any agent 14 or by any e4het person shll not ednt a esner er a thinge m any part AJ s*f this tvilwy of estop the epmranets from assertifig any right undet the INSUg10'S DUTill WH8N Loll OCCUgl -- Coversee I t,,ms ot iha piny, no, obil the terms of this plwy he waned or h la the event of reoperty damage to skwh Loveiste 19 arphes, the in' ihansed. essert 6y endorsement nsued to form a part of this Jelwy sured shil furnah a comrlete inventory of the property Jamage enn uted by Nuilest Energy liabihty lasuranse Assosutenn on tiehalf claimed, sheting m Jetail the snaiunt thereof Wohin ninety one day 8 of the tornpnies afzt the susurrerwe resulting m swh property daman unless suih time H estetded m writma by the corenn6cs, the meuted shall render la the sumpanies a rroof of lots, signed and sworn en s'y the ensured.
Alll6MMONT Assignment of interest by the nameJ insured shall not stating the knowledge and behef of the ensured as to the folineing bmJ ehe comranws until their tonsent is endorsed hereon, if. however, 1 A A'T iJevanA<stion of swh meurrerne, the interest of the insured in the the named insureJ shall die of be deleted hankrupt or ensolvent, this property destroted or damaged, and the amount of each item of prop.
play shall gover such ensureJ s legal represenestne. revenet or trustee erty damage afsimeJ. all erwumhrsrues on swh property, anJ all other as an meured under this plut. but only enh respett to his labahty se sontessts of ensurarue, whether valsJ of not, sovering any of suih twh, and then only proseded e sitten notwe of his spresniment se legal
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e e
In say action of suit assinat the companies, service of procm assy (b) be enade on any one of them, and sah servue shall be doenwd sepresentatsee, rativet et truseee is given to the companies within ten days af ter sah oppointsneet.
enfad and bandans servue on all compenses.
(c) Nwlest Energy Webility Insurance Aseodation is the agent of g CANCILAMON This policy may be canceled by the named insured by the compenses with resrat to all morters pertaining to this insut.
gJ meding to the compnies anJ the United States Atomu Energy Com.
ance. All notwes or other communwatsons requind by this pohcy masson written notus statang when, not less than thifty days thereaftet.
to be given to the compenses may be asven to sah agent, at its sah carwelation shall be effative This polwy ener be carweled by the offwe at 60 John Street, New York 58, New York with the same companies tiy meding to the named insured at the address shown in this force and e#nt as of given derntly to the compenses. Any requests, polny and to the United States Atomw Energy Commasion written notue demands of agreements made by such egent shall be deerned to statang when, not less then ninety days thereaf tet, sah tarwelation shall have been made datettly by the compenses.
be e# weave; provided in the event of non payment of premium or if the operstor of the fudity, as designated in the declarations, ss replaced by enuther person or organisatana, this polwy may be canneled by the AlfD000EAftON op asaamaa l#SNGSS Escort wish suspect to 1 ny compenses by meding to the named ensured at the address shown in comphance with the obhastions imposed on the imeused by Ceeditaans A i this plwy and to the United States Atomic Energy Commission written 3,6, y, g,9,10 and il ci this polwy, the aanwd insured as authoriasd ruwme stating when, not less then thirty days thereafter. swh (semela, to act tot every other insured an all matters pertaanang to this iseutsace, enn shall be efective The meding of notwe as aforeund shall be sufkoent proof of notwe The effative date and hour of teruelation
- CHAN488 BN liftlCeltlNo CompAN188 AND IN THEIR 1 O stated m the noise shall bnome the end of the plwy permJ. Delivery PeePORTIONATE UASILITT By eneptance of this policy the named A O of swh written potue either by the named msurcJ or by the companies insured agrees that the rnemhers of Nuclear Energy Webthey lasursace shall be equivalent to meding Astonation hable under this plwy, and the propriumate liabdity of Upon termmation or esruelsten of this plwy, other than as of the ruh sah member, may change from yest to yeet, and further agrwe end of Unernbet it in any yeef, the estned premium for the permd that regardless of swh thanges.
thse polwy has twen en forte since the peneding Dnembet il shall be (1) ech company subaribing this polwy upon its issusace shall be computed m suordarue with the following provisions:
hable only for its stated proportion of any obhaston assumed et (a) if this polwy is terminated, pursuant to Condition 5, by tesson of espense mrutred under this polwy because of bndily injury of the eshaustion of the hmet or the cornpanies labihty, all premium ptoperty damage (sueed, duri the period from the eintsee date theretofore read or payeble shall be rully cornal, of this plwy to the close of emhet 31 nest following, by the nular energy hasard, for each sulwequent calender year begin.
(b) if the named ensured sansels, the earned premium for such period ning January i nest following the e## tive date of this policy, the shall be somputed m usotJanne with the customary annual short suburibing companies and the proportiorute habihty of each such rate tahle and premedure, provided if the named insured cancels company shall be staied in en endorsernent issual to form a poet af ter bnneledge of luuldy iniury or property damage caused by the of this gelwy, duly esecuted and attested by the General Manager nwfeet energy haurd, all premiums theretofore peiJ ct payable of Nwint Energy Laabdity insurance Association on behalf of shall be fully earned,
' *I*"I' of the sumpenses unsel, the earned premsum for swh priod shall (2) this pohcy shall temain continuously in eint from the efective (c) be computed pro reta.
date stated in the dalerstenas untd terminated en enordance with Premium ediustment, if any, may be made either at the time canrehtson Condataan 3 or Condition 11; is eWated or as esse se prutwable after catwelation baomes e#ntive but perment or tender of unestned premium as not a condition el (l) nhther the liabihty of eng company not the limit of lambilley stated in the dalaretsons shall tie tumulatave from year to yest.
<eni elet aus.
DOCLABAT10NS By euertente of this polwy the named insured satees q n 16 C640PANY 88 PAS $4WTATION th.t she steiements in the delarstions are the agreements sad repte-Ay (a) Any notwe, sworn statement or proof of loss whuh may be te-sentatums of the navned 6nsured, that this plery as assued in reliance eleited by the proviewms of this plwy may le given to say one upon the truth of swh terresentsteoas and that this polwy embodies all of the compenses, and swh tuwwe, statement or prunt of loss to agreements tweveen the named insured and the compnaes et say of given shall be eehd and binding as to all compenses.
their agents relating to this insutence.
Im Waywese Wetestor, eesh of the suberribing tempenies has (sused this play to be esecuted snJ setested on its behalf by the Generel Meneset of Nwleer Energy Laabdity lasurnate Assneution and duly countersigned on the dalaretams page by an authotued represenestsve.
For the Sabertihing Companies MW/
y, _
General Manager
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