ML20154B573
| ML20154B573 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 05/10/1988 |
| From: | Counsil W TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | Murley T Office of Nuclear Reactor Regulation |
| References | |
| TXX-88444, NUDOCS 8805170235 | |
| Download: ML20154B573 (7) | |
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F9 Log # TXX-88444 2.
File # 232 C
Ref. # 10CFR140.13 1UELECTRIC May 10, 1988 William G. Counsil Executin Vue Presuleres Director, Office of Nuclear Reactor Regulation Attn: Mr. Thomas E. Murley U.S. Nuclear Regulatory Commission Washington, D. C.
20555
SUBJECT:
COMANCHE PEAK STEAM ELECTRIC STATION (CPSES)
DOCKET N0. 50-445 NUCLEAR LIABILITY INSURANCE AN! POLICY N0. NF-274 END0RSEMENT
Dear Mr. Murley:
Two certified copies of the following endorsement to our Nuclear Liability Insurance ANI Policy No. NF-274 have been attached for your records.
No. 22 AMENDMENT OF C0VERAGE ENDORSEMENT FOR WORKERS CLAIMS (FACILITY FORM)
This information is provided to fulfill the financial protection requirements of 10CFR140.13 with regard to our Special Nuclear Material License, SNM-1912, as amended.
Very truly yours, f
W. G. Counsil RSB/mlh Attachments
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8805170235 880510 PDR ADOCK 05000445 too North oke street LBof Dallas. Texas M01 J
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Nucl:ar En:rgy Litbility Insuranca 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 TJnderwriters ("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:
l.
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 employment; "worker" refers to a person who is or was engaged in nuclear related employment; NE-64 (1/1/88) page 1 l
"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 workar's nuclear related employment; "extraardinary nuclear occurrence" means an event which the Unated States Nuclear Regulatory Commission has determinad to be an "extraordinary nuclear occurrence" as definei 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 thic policy for workers claims which do not arise in whole or in part out of an extraordinary nuclear occurrence.
3.
EXCLUSION OF NEW WOhKERS CLAIMS This policy does not apply to bodily injury to a worker which arises in whole cr in part out of nuclear related employment that begins on or after February 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.
AVAIIABILITY OF SUPPLEMENTAL INSURANCE NELIA and MAELU are offering to make insurance under one or more Master Worker Policiec 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.
j NE-64 (1/1/88)
Page 2 i
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COVERAGE UNDER THE NEW MASTER WORKER POLICIES IS NOT AUTOMATIC. A WRITTEN REQUEST MUST BE SUBMITTED TO NFLIA 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 tern.inate such policies or withdraw or modify their offer to underwrite such policies.
Executed for the companie Date 3/la/gg By 8-(SiMature of Authorized Of ficer)
John L. Quattrocchi, Vice President-Liability Underwriting (Print or Type Name and Title of Officer)
The named insureds named in Item 1 of the Declarations have caused t
this endorsement to be signed in their behalf by a duly authorized officer of Texas Utilities Electric Company acting as their agent j$
under authority granted Texas Utilities Electric Company by E
Section 12.04 of the Joint Ownership Agreement, dated January 2, f
1979, as amended, and by resolution of the Owner's Committee at 383.
a meeting of that Committee on May 4,1984.
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6 Texas Utilities Electric Company
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(Named Insured - Print or Type) f Date 12/29/87 By N
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L (Signature of Mthorized Officer)
Michael D. Spence, Division Presiden('dH v
- $m Texas Utilities Electric Company
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'TPrint or fype Name and Title of Officer)
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Named Insureds
@2 y se A E 'd 5 8 ' # 3 Texas Utilities Electric Company s l'
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Texas Municipal Power Agency O' s; Brazos Electric Power Cooperative, Inc.
x +j S w 1W Tex-La Electric Cooperative of Texas, Inc.
5 055
.i j Effcceive Date of Ifi-274 this Endorsement February 1, 1988 to form a part of Policy No 12:01 A.M. Standard Time Texas Utilities Electric Company, Texas Municipal Pnwer Agency, Drazos Electric Issued to Power Coonerative, Inc., Tex-La Electric Cooperative of Texas. Inc.
i Dsco of Issue October 19, 1987 For the subsqribing companies l
/l 9
MAR $4abcLENNAN sy General Mana3d
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l Endorsement No 22 Countersigned by A
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SE-64 (1/1/88)
J
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NuclGar EnGrgy Lichility InsurancQ NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDMENT OF COVERAGE ENDORSEMENT FOR WORKERS CLAIMS (Facility Form)
PREAMBLE 1.
Tne 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 l
employment, regardless of the number of employers in-l volved or interruptions in such employment; "worker" refers to a person who is or was engaged in nuclear related employment; i
l l
t NE-64 (1/1/88)
Page 1 L
1 j
~
"workers claims" means claims for damages becaua of bodily injury to a worker caused by the radioac t rze, 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" reans 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 February 1, 1988.
4.
APPLICATION OF POLICY TO WORKERS CLAIMS NOT 8XCLUDED 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 writtan 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 t
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 l
t
Pcga 3 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 Policies, or whether or not NELIA or MAELU terminate such policies or withdraw or modify their offer to underwrite such policies.
Executed for the companie Date 3/10/ga By 8-(Si}Aature of Authorized Officer)
John L. Quattrocchi, Vice President-Liability Unde m iting (Print or Type NE,me and Title of Officer)
The named insureds named in Item 1 of the Declarations have caused e
this endorsement to be signed in their behalf by a duly authorized 1
officer of Texas Utilities Electric Company acting as their agent
-Ei under authority granted Texas Utilities Electric Company by
$s Section 12.04 of the Joint Ownership Agreement, dated January 2, ty "
1979, as amended, and by resolution of the Owner's Corrnittee at 7,13, a meeting of that Committee on May 4,1984.
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.$ 3 b h Texas Utilities Electric Company ggj2 g
(tiamed Insured - Print or Type)
--ac Date 12/29/87 By L (Signature of Authorized Officer) 3j j
Michael D. Spence, Division Presiden#
Texas Utilities Electric Company
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e $ ~q g (Print or Type flame and Title of Officer) n
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Texas Utilities Electric Company j
Texas Municipal Power Agency j $ $M7j l
Brazos Electric Power Cooperative, Inc.
y.2 2 5 Tex-La Electric Cooperative of Texas, Inc.
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Cffsetive Date of T-274 this Endorsement February 1, 1988 To form a part of Policy No 12:01 A.M. Standard Time Texas Utilities Electric Company, Texas Municipal Pnwer Agency, Brazos Electric Issund to Power Coonerative, Inc., Tex-La Electric Coonerative of Texas. Inc.
Date of Issue October 19, 1987 For the subs,qribing companies
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s y' MARS 4a clENNAN General Manape(r
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Endorsement No 22 countersigned by 4
h SE-64 (1/1/88)
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