ML20147B794
| ML20147B794 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 01/11/1988 |
| From: | Barnett J CONOVER & ASSOCIATES, INC. |
| To: | Dinitz I Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 8801190006 | |
| Download: ML20147B794 (9) | |
Text
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CONOVER & AMMODIATES, INC4 INMURANCE M1 PN ant
- PITTMa s trata nt 13242
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. January.11, 1988 sp-33 Mr. Ira Dinitz, Indemnity Specialist Office of Antitrust & Indemnity Nuclear Reactor Regulation
' Nuclear Regulatory Commission Washington, DC 20555 Re:
Duquesne Light Company Beaver Valley Power Station
Dear Mr. Dinitz:
We are enclosing two copies each of Endorsement No. 86 to NELIA Policy No. NF-226 and Endorsement No. 74 to MAELU-Policy No. MF-87.
These endorsements set forth the
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Amendment of Coverage for Workers Claims.
Sincerely,
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Barnett Executive Vice President JEB:sak Enclosures cc:
Mr.
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Stoecker Duquesne Light Company l
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Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDMENT OF COVERAGE ENDORSEMENT FOR WORKERS CLAIMS (Facility Form)
PREAMBLE 1.
The insurance and rating plan presently used by Nuclear Energy Liability Insurance Association ("NELIA") and Mutual Atomic Energy Liability Underwriters ("MAELU") do not make a distinction between workers claims arising from catastrophic events and those arising from lesser events; 2.
NELIA and MAELU believe that the lack of such a distinc-tion will adversely affect their ability to continue to attract from world markets very large amounts of nuclear energy liability insurance for the nuclear industry; 3.
NELIA and MAELU want to avoid this potential loss of capacity and to continue to provide nuclear energy lia-bility insurance for workers claims.
Accordingly NELIA and MAELU desire to restructure their present insurance
- programs, including this policy, effective January 1,
1988.
NOW, THEREFORE, the Named Insured and the companies do hereby agree as follows:
1.
DEFINITIONS When used in reference to this endorsement:
"this policy" means the policy of which this endorsement forms a part; "nuclear related employment" means all work performed at one or more than one nuclear facili y in the United t
States of America or in connection with the transporta-tion of nuclear material to or from any such facility.
All of a worker's nuclear related employment shall be considered as having begun on the first day of such employment, regardless of the number of employers in-volved or interruptions in such employment; "worker" refers to a person who is or was engaged in nuclear related employment; NE-64 (1/1/88) page 1
3
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"workers claims" means claims for damages because of bodily injury to a worker caused by the radioactive, toxic, explosive or other hazardous properties of nuc-lear material and arising out of or.in the course of the worker's nuclear related employment; "extraordinary nuclear occurrence" means an event which the United States Nuclear Regulatory Commission has determined to be an "extraordinary nuclear occurrence" as defined in the Atomic Energy Act of 1954, or in any law amendatory thereof.
2.
APPLICATION OF THIS ENDORSEMENT This endorsement applies only to such insurance as is afforded by this policy for workers claims which do not arise in whole or in part out of an extraordinary nuclear occurrence.
3.
EXCLUSION OF NEW WORKERS CLAIMS This policy does not apply to bodily injury to a worker which arises in whole or in part out of nuclear related employment that begins on or after January 1, 1988.
4.
APPLICATION OF POLICY TO WORKERS CLAIMS NOT EXCLUDED With respect to such insurance as is afforded by this policy for workers claims which are not excluded, Insuring Agreement IV does not apply and the following Insuring Agreement IV-A does apply:
IV-A APPLICATION OF POLICY TO WORKERS CLAIMS This policy applies only to bodily injury (1) which is caused during the policy period by the nuclear energy hazard and (2) which is discovered and for which written claim is made against the insured not later than the close of December 31, 1997.
5.
AVAILABILITY OF SUPPLEMENTAL INSURANCE NELIA and MAELU are offering to make insurance under one or more Master Worker Policies available to all holders of Nuclear Energy Liability Policies (Facility Form).
THIS OFFER IS CONTINGENT ON SUFFICIENT SUPPORT FROM POLICYHOLDERS, AND MAY BE WITHDRAWN OR MODIFIED BY NELIA OR MAELU AS THEY DEEM NECESSARY OR APPROPRIATE.
The Master Worker Policies will provide, under their separate terms and conditions, coverage for new workers claims. Premiums will be subject to a separate Industry Retrospective Rating Plan.
NE-64 (1/1/88)
Page 2
5 COVERAGE UNPSR THE NEW MASTER WORKER POLICIES IS NOT AUTOMATIC. A WRITTEN REQUEST MUST BE SUBMITTED TO NELIA OR MAELU THROUGH REGULAR MARKET CHANNELS.
It is understood and agreed that all of the provisions of this endorsement shall remain in full force and effect without regard to this Section 5,
and without regard to whether or not the Named Insureds become insureds under the Master Worker Policies, or whether or not NELIA or MAELU terminate such policies or withdraw or modify their offer to underwrite such policies.
Executed or the companies Date /d -'
By
.N.
k-
/n
/ /
N (SignaTute ct Autliofned Officer)
John L. Quattmechi. Vice President-Liability Undelvriting (Print or Type Name and Title of Officer)
Executed for the Named Insured DUQUESNE I:IGHT COMPANY (Named Insur d - Print or Type) l Date det ao /9e7 By (Sig(prtur(Af Authpzed Of ficer)
J. J.
Carey Senior Vice President (Print or Type Name and Title of Of ficer)
Executed for the Named Insured OHIO EDIS0N COMPANY (Named Insured - Print or Type)
Y l
Date ///2/P? By m
' (signature of Authorized Of ficer) l l
Lynn Firestone, Senior Vice President (Print or Type Name and Title of Officer) l l
l NE-64 (1/1/88)
Page 3 l
l
!!_ (
i-Paga 4 Executed for the Named Insured PENNSYLVANIA POWER COMPANY (Named sured - Print or Type)
Date / f/f 7 b8
'M By (Signature of Authorized Officer)
W. F. Reeher, Vice President (Print or Type Name and Title of Of ficer)
Executed for the Named Insured CLEVELAND ELECTRIC ILLUMINATING COMPANY (Named Insured - Print or Type)
////8/87 By Date
/
/
~gcjnature of Authorized Officer)
Gary M. Hawkinson, Assistant Treasurer (Print or Type Name and Title of Officer)
Executed for the Named Insured TOLEDO EDISON COMPANY (Named Insur int or Type)
Date //!/0/f 7 By
/
Qgnaturb of Authorized Officer)
Gary M. Hawkinson, Assistant Treasurer Th5is o cNify tggQQQ on WkeO Endorsement having the endorsernent number and Wg made part of tha. Nudear Enerw Labtity Policy /J ac6ty Form) as des-f "*
ignat iher Nol Effsetive Date of N'
this Endorsement January 1, 1988
'NYo'rmapartofPolicyNo NF-226
^ " " "
12:01 A.M. Stendard Time Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, Issusd to Cleveland Electric Illuminating Company and Toledo Edison Company Date of Issue October 19, 1987 For the subscribing companies By General Manager Endorsement No 86 Countersigned by NE-64 (1/1/88)
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDMENT OF COVERAGE ENDORSEMENT FOR WORKERS CLAIMS (Facility Form)
PREAMBLE 1.
The insurance and rating plan presently used by Nuclear Energy Liability Insurance Association ("NELIA") and Mutual Atomic Energy Liability Underwriters ("MAELU") do not make a distinction between workers claims arising from catastrophic events and those arising from lesser events; 2.
NELIA and MAELU believe that the lack of such a distinc-tion will adversely affect their ability to continue to attract from world markets very large amounts of nuclear energy liability insurance for the nuclear industry; 3.
NELIA and MAELU want to avoid this potential loss of capacity and to continue to provide nuclear energy lia-bility insurance for workers claims.
Accordingly NELIA and MAELU desire to restructure their present insurance
- programs, including this policy, effective January 1,
1988.
NOW, THEREFORE, the Named Insured and the companies do hereby agree as follows:
1.
DEFINITIONS When used in reference to this endorsement:
"this policy" means the policy of which this endorsement forms a part; "nuclear related employment" means all work performed at one or more than one nuclear facility in the United States of America or in connection with the transporta-tion of nuclear material to or from any such facility.
All of a worker's nuclear related employment shall be considered as having begun on the first day of such employment, regardless of the number of employers in-volved or interruptions in such emp.'7vment; "worker" refers to a person who is or was engaged in nuclear related employment; NE-64 (1/1/88) page 1
e4 "workers claims" means claims for damages because of bodily injury to a worker caused by the radioactive, toxic, explosive or other hazardous properties of nuc-lear material and arising out of or in the course of the l
worker's nuclear related employment; I
"extraordinary nuclear occurrence" means an event which the United States Nuclear Regulatory Commission has determined to be an "extraordinary nuclear occurrence" as defined in the Atomic Energy Act of 1954, or in any law amendatory thereof.
2.
APPLICATION OF THIS ENDORSEMENT This endorsement applies only to such insurance as is afforded by this policy for workers claims which do not arise in whole or in part out of an extraordinary nuclear occurrence.
3.
EXCLUSION OF NEW WORKERS CLAIMS This policy does not apply to bodily injury to a worker which arises in whole or in part out of nuclear related employment that begins on or after January 1, 1988.
4.
APPLICATION OF POLICY TO WORKERS CLAIMS NOT EXCLUDED With respect to such insurance as is afforded by this policy for workers claims which are not excluded, Insuring Agreement IV does not apply and the following Insuring Agreement IV-A does apply:
IV-A APPLICATION OF POLICY TO WORKERS CLAIMS This policy applies only to bodily injury (1) which is caused during the policy period by the nuclear energy hazard and (2) which is discovered and for which written claim is made against the insured not later than the close of December 31, 1997.
5.
AVAILABILITY OF SUPPLEMENTAL INSURANCE NELIA and MAELU are offering to make insurance under one or more Master Worker Policies available to all holders of Nuclear Energy Liability Policies (Facility Form).
THIS OFFER IS CONTINGENT ON SUFFICIENT SUPPORT FROM POLICYHOLDERS, AND MAY BE WITHDRAWN OR MODIFIED BY NELIA OR MAELU AS THEY DEEM NECESSARY OR APPROPRIATE.
The Master Worker Policies will provide, under their separate terms and conditions, coverage for new workers claims. Premiums will be subject to a separate Industry Retrospective Rating Plan.
l l
NE-64 (1/1/88)
Page 2
4 1
COVERAGE UNDER THE NEW MASTER WORKER POLICIES IS NOT AUTOMATIC. A WRITTEN REQUEST MUST BE SUBMITTED TO NELIA OR MAELU THROUGH REGULAR MARKET CHANNELS.
It is understood and agreed that all of the provisions of this endorsement shall remain in full force and effect without regard to this Section 5,
and without regard to whether or not the Named Insureds become insureds under the Master Worker Tolicies, or whether or not NELIA or MAELU terminate such policies or withdraw or modify their offer to underwrite such policies.
Executed.or the companies Date / $ h By
. $, h&r km
/ / '
N (Signafute of Autho2"lzed Officer)
John L. Ounttmechi. Vice President-Liability Underwriting (Print or Type Name and Title of Officer)
Executed for the Named Insured DUQUESNE LIGHT COMPANY (Named Insur d - Print or Type)
Date def_ m /9g7 By (Sig6stur @ f Auth @ zed Officer)
J. J.
Carey Senior Vice President (Print or Type Name and Title of Of ficer)
Executed for the Named Insured OHIO EDISON COMPANY (Named Insured - Print or Type)
Date N/2/,P7 By w
' (signature of Authorized Of ficer)
Lynn Firestone, Senior Vice President (Print or Type Name and Title of Of ficer)
NE-64 (1/1/88)
Page 3 i
w
P go 4 Executed for the Named Insured PENNSYLVANIA POWER COMPANY (Named sured - Print oE Type)
N/vk7 By
/
b8 M
Date (Signature of Authorized Officer)
W. F. Reeher, Vice President (Print or Type Name and Title of of ficer)
Executed for the Named Insured CLEVELAND ELECTRIC ILLUMINATING COMPANY (Named Insured - Prin*. or Type)
// /8!87 By Date
/
/
/
~gcjnature of' Authorized Of ficer)
Gary M. Hawkinson, Assistant Treasurer (Print or Type Name and Title of Officer)
Executed for the Named Insured TOLEDO EDISON COMPANY
~~
(Named Insura int or Type)
Date //!/O f '7 By
' /
gf;naturb of Authorized Officer)
Gary M. Hawkinson. Assistant Treasurer (Print or Type Name and Title of Off.icer)
This Ls to certify that thn,is a true copy of the onynal Endorsernent having the endc.tsement nuinber and teing made part of the N dear Enctsy Liabity Policy (Fa y Form) as des-ignated I 'reon. No insur ei AM undes.
.T.
EffGetise Den if I~
this End -
- r e, __ y
- 1, 1988
^""*""*YM7in a part of Policy No N F-i'- '
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-r. Standard Time
...,. pany, Ohio Edison Company, Pennsylvania Power Company, Issueo w.G'-
Illuminating Company and Toledo Edison Company Date of Isu m
' i x 1987 For the subscribing companies By ceaeral Ma.7ager Endorsement No 86 Countersigned by NE-64 (1/1/88)