ML20202H049
| ML20202H049 | |
| Person / Time | |
|---|---|
| Site: | 07003040 |
| Issue date: | 06/20/1986 |
| From: | Bailey J GEORGIA POWER CO. |
| To: | NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| 27141, GN-951, NUDOCS 8607160183 | |
| Download: ML20202H049 (24) | |
Text
Georga PowIt Company TO MG M Routs 2. Box 299A f /2 ff 8
Waynisboro. Georgia 30830 Telephone 404 554-9961 404 724-8144 Southern Cortpany Services, Inc.
Post Office Box 2625 gm Birmingham, Alabama 35202 Tetephone 205 870-6011 86 Jit -1 m1 :05 Vogtle Proj.ect June 20, 1986 Director of Nuclear Material Safety File:
X3BC35 and Safeguards GN:
GN-951 U. S. Nuclear Regulatory Commission Washington, D.C.
20555 REF:
(1) LETTER FROM GEORGE H. BIDINGER TO R. E. CONWAY DATED 4/10/86 (2) LETTER LOG GN-912 DATED 5/14/86 FROM J. A. BAILEY TO DIRECTOR OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS l
NRC DOCKET NUMBER 50-424 CONSTRUCTION PERMIT NUMBER CPPR-108 V0GTLE ELECTRIC GENERATING PLANT - UNIT 1 SPECIAL NUCLEAR MATERIAL LICENSE Gentlemen:
Enclosed are eight copies of revised supplemental information originally submitted in Ref. 2 as requested in Ref.1.
In addition, a copy of the American Nuclear Insurers (ANI) Liability Policy No. NF-302, effective June 1,1986, in the amount of $1,000,000 for the VEGP is attached. Note that Figure 2.2-7 of the revised supplemental information shows a change in location of the rack modules from that currently stated in the VEGP-Unit 1 SNM license application. The rack modules will be installed in the north east corner of the VEGP-Unit 1 spent fuel pool as shown in the attached figure.
The revised supplemental and additional information attached is currently being included in Revision 1 to the VEGP-Unit 1 Special Nuclear Material License application which should be issued before the end of the month. We trust this information will be sufficient for you to complete the review and approval of this application.
Should you have any additional questions, please advise.
Since rely,
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J. A. Bailey Project Licensing Manager "7
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e Director of Nuclear Material Safety File: X3BC35 and Safeguards Log:
GN-951 June 20, 1986 Page 2 xc:
R. E. Conway R. A. Thomas J. E. Joiner, Esquire B. W. Churchill, Esquire M. A. Miller (2)
B. Jones, Esquire i
G. Bockhold, Jr.
D. C. Teper i
W. C. Ramsey NRC Resident Inspector
.I NRC Regional Administrator l
L, T. Gucwa B. E. Hunt C. W. Hayes Vogtle Project File i
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o Supplemental Information Georgia Power Company Application Dated February 1986 Vogtle Electric Generating Plant-Unit 1 1.
We do not believe that sufficient experimental data is available for low-density hydrogenous moderation, of low-enriched uranium arrays to permit validation of k-effective calculations with a 0.98 limit.
It will be necessary to show that validated k-effective values do not exceed 0.95 for the storage arrays or extensive controls must be established to exclude the low-density moderator from the array.
Revised Response Fresh fuel storage calculations by Westinghouse and others(l) have shown that in storage configurations with poison plates present the highest reactivity condition is the full water density case and as such, the low density hydrogenous moderation condition is not limiting.
Since the Vogtle spent fuel racks are designed to meet the Keff limit of 0.95 for 4.3 w/o fuel and full density water, the maximum Keff of fuel with an enrichment of 4.3 w/o or less under hydrogenous moderation conditions will be less than 0.95.
Evaluation of the Vogtle new fuel racks, which do not have p:ison plates, have shown that an enrichment of 3.5 w/o U235 can be stored with a Keff less than 0.88 under low density hydrogenous moderation conditions.
2.
The storage cells' characteristics, e.g., materials of construction, inside dimensions, and wall thickness, should be provided so that we can independently calculate the k-effective of the storage. arrays for fresh and spent fuel racks. A cross-sectional view of the poisoned spent fuel cell showing dimensions and material locations would be very helpful.
Revised Response Cross sectional drawings of the new and spent fuel cells are attached.
Note that outside cell walls of certain peripheral cell rows do not include Borafler as shown in Figure 2.2-7.
(1) "Supercriticality Through Optimum Moderation in Nuclear Fuel Storage" from Nuclear Technology Volume 48, May 1980 - J. M. Cano, et al.
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SNM LICENSE APPLICATION FIGURE 2. 2-6 CELL & WRAPPER:
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NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION 127 John Srrcet, New York. New Yiiric 100 H Nuclear Encery Lab 6.ry Pol.c, No NF 302 (Facihry form)
DIGLARArlo ses
- Georgia Power Company, Oglethorpe Power Corporation, Municipal hem t. Named Insured El ectric Authority of Georstia, City of Dalton, Georgia Address P.O.
Box 4545 Atlanta, Georgia 30302 (No.
Sucet To n or Cary Suie l Item 2. Pohcy Period: Seginning at 12 01 A M. on ihe 1st 44, or June g, 86 and cont m s cro +
the edetta,e date of the cancelat.on or terminanon of snas potscT, standard tscne at she address of the named insured as suced herein Item 3. Descript.on of the Facalary:
Locai,on All of the oremises including the land, and all of the buildings and structure:
of Georgia Power Company's Alvin W. Vog le Nuclear Plant, locatec witnin occh the olant's erotected area and the owner secured area on approxi=ately 319 acres and is inclusive of the cooling towers and the entire river intake and casenarge structures.
The 230-500 KV switchyard directly north of the main power block and outside of the above referenced 319 acres is also inclucec. The Alvin W.
Vogtie Nuclear Plant is located on the Southwest side of the Savannah River, approxica:ely 26 =iles Southeast of Augusta, Georgia in Burke Coun:y, Georgia.
Ine aforement:.one, description is ref erenced on the " Location arid Vicinity Map", figure 1.1-1, a: ended l's 9/85, CX2D45V002, Rev 6 in :ne FSAR.
- , p, Pever Reactor The crersior of we fac. hey u Georgia Power Company 1.em 4 The hm. nf ec compan.es* tab.hry is
- 1.000,000.00
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Item 5. Advance Preme.m 3
9 00 liem 6 These declarat.oni and the whedules form.rta a rart hereof give a complete description nf I.he f aceht,..nsof ar as et relates to ter nucirse energt hasard, encept as noted no exCeDtions Date of in.,
June 5
,i, 86 c,,,,,,,.nned b, A in. r.rea accreien....
MARSH & '.*:LEN'4 A
lNOCEFCRAM:
Nuclest Enerz* Labibry Pol.<v ( Fu. Ley Form) :/ t/17 ( $,cond Revo.on)
o N clear Ezrgy Li:bility insuranca NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION INDUSTRY CREDIT RATING PLAN PREMlUM ENDORSEMENT lt is agreed that Condition 1 of the policy is replaced by the following:
CONDITION 1. PREMIUM (1) Definitions: With reference to the premium for this policy:
" advance premium", for any calendar year, is the estimated standard premium for that calendar year;
" standard premium". for any calendar year, is the premium for that calendar year computed in a: ordance with the cc:npanies' rules, rates, rating plans (other than the Industry Credit Rating Plan), premiums and minimum premiums appli:able to this insurance;
" reserve premium" means that portion of the standard premium paid to the companies and specifically allocated 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 in the Standard Premiu:n Endorsement for that calendar year;
" industry reserve premium", for any calendar year,is the sum of the reserve premiums for that r21endar year for all Nuclear Energv 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 ratio", for any calendar year, is the ratio of the named insured's reserve pre-mium for that calendar year to tne mdustry reserve premium for that calendar year;
" incurred losses" means the sum of:
(1) alllosses and expenses paid by Nuclear Energy Liabihty Insurance Association and Mu-tual Atomic Energy Liability Underwnters, and (2) all reserves for unpaid losses and expenses as estimated by Nuclear Energy Liability In-surance Associauon and Mutual Atonne Energy Liability Underwnters because of obligations assumed and the expenses inct.rred in connection with such obligations by members of Nu !:ar En:rgv 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 sub-ject to the Industry Credit Rating Plan;
" reserve for refunds", at the end cf any calendar year, is the amount by whi:h (1) the sum of allindustry reserve premiums for the period from January 1,1957 through the end of such calencar year exceeds (2) the total for the same penod 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 Liabihty 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 tne mdus-try reserve premium for the calendar year for which the premium refund is being determined to the sum of such amount and the total industry reserve premiums for the next nine calendar years thereafter, provided that the industry reserve premium refund for any calendar year shal! in no event be greater than the industry reserve premium for such calendar year.
(2) Payment of Advance andStandard Premiums The named insured shall pay the cornpanies the advance premium stated in the declarations. for the period from the effective 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-miu:n Endorsement for such calendar year issued to the named insured as soon as practicable prior to or after the bernmng of such year.
est.t? PAGE 9 e
Nucl:ar En:rgy Lirbility insuranca NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION As soon as 'pracucable af ter cach December 31 and after the termination of this poucy. the standard premium for the precedmg calendar year shall be finally determined and stated in the Standard Premium Endorsement for that calendar year. If the frandard premium so determmed exceeds the advance premium previously paad for such calendar year. the named insured snall pay the excess to the companies; if less, the companies shall return to the named insured the excess porton paid by such igsured.
The named insured shall maintain records of the mformation necessary for premium computa-uon and sha!! send copies of such records to the companies as directed, at the end of each cal-endar year, at the end of the pohey penod and at such other umes dunng the pohey penod as the company may direct.
(3) Use of Reserve Premiums All reserve premiums paid or payable for this pohcy may be used by the members of Nuclear Energy Liabihty Insurance Associauon to discharge their obhgauens with respect to encurred losses whether such losses are mettrred under this pobey or under any other pohey issued by Nuclear Energy Liab:hty losurance Associauen or Mutual Atomic Energy Liabihty Underwnters.
(4) Reserve Premium Refunds A portion of the reserve premsum for this policy for the 6rst cal-endar year of any group of ten consecuuve calendar years shall be returnable to the named m-sured provided there is a reserve for refunds at the end of the tenth calendar year.
(5) Computation of Reserve Premium Refunds The reserve premium refund due the name insured for any calendar year shall be deterrruned by multiplymg any sndustry 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 6nally deternuned as soon as pracucable 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 poruon thereof, dunng which this pobey remams m force less the sum of all refunds of reserve premiums due tne named insured under the provisions of this Condiuon 1.
(7) Reserve Premium Refund Agreement Each member of Nuclear Energy Liabihty Insurance Association subscribmg this policy for any calendar year. or poruon thereof, thereby agrees for itself, severally and not jointly, and in the respecuve proporton of its habibty assumed under this policy for that calendar year, to return to the named insured that porton of any reserve prermum refund due the named insured for that calendar year, determined in accord-acce with the provisions of this Condition 1.
Effective Date of this Endorsement June 1. 1986 To form a part of Policy No.
E-302 12:01 A.M. Standard Time issued to Georgia Power Co=pany, Oglethorpe Power Corporation. Municipal Electric Authority of Georgia, City of Dalton, Georgia Date of Issue June 5, 1986 For the su ribing com ies By v[
4-General Manager Endorsement No.
1 V
Countersigned by w
i 14ARSH & tec'.T-p sea.st east a lh0027cu7.
Nuclear Energy Licbility Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION s
ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1986 It is agreed that Item 5 of the Declarations " Advance Premium" is amended to read:
ADVANCE PREM!UM:
It is agreed that the Advance Premium due the companies for the period designated above is:
S 125.00 STANDARD 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:
S 83.75 Effective Cate of inis Encorsement June 1, 1986 To forrn a cart of Policy No NF-30,,.
12.o1 A.M. Stancarc Time issuec to Georgia Power Comeanv, Oglethorpe Power Corocration. Municipal Electric Authority of Georgia, City of Dalton, Georgia
- ate of issue hn e 5. 1986 By l
I
/
o.n.r.i u.n.e.r E9corsement No 9
Co'u1tersigned by _
n5.q i" :- :'
E-Nuclear Ene gy LatAlsty in:urance NUCLEAR ENER2Y LIABILITY INSURANCE ASSECIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)
The named insured, acting for himself and every other insured under the policy, and the me=bers 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 s
(a) arisas 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 the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of :he insureds, including but not limited to:
(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and (iv) unforeseeable in:ervening causes, whether involving :he conduct of a third person, or an ac: of God, (2) any issue or defense as to charitable or governmen:al i== unity, and (3) any issue or defense based on any sta:u:e of limi:ations if suit is instituted w. thin :hree years from :he date on which :he claitant first knew, or reasonably could have known, of his bodily injury or proper:y da= age and :he cause thereof, but in no even: = ore than' twenty years after the date of the nuclear incident.
The waiver of any such issue or def ense shall be ef fec:ive regardless of whe:he such issue or defense may otherwise be deemed jurisdic:ional 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 inten:icnally sustained by the clai= ant or.which resul:s from a. nuclear inciden: in:en:ionally and wrongfully caused by the clai=an:;
(b) _ bodily injury sustained by any claimant who is e= ployed at the site of and in connec: ion with tne activity where :he extraordinary nuclear occurrence takes place if. benefits therefor are ei:her payable or re-quired to be provided under any workmen's co=pensa: ion or occupational disease law;-
(c) any claim for punitive er exemplary damages, provided, with respect :o any claim for wrongful death under any State law which provides for da= ages only punitive in nature, this exclusion does no: apply to the extent that the claimant has sustained actual damages, measured by. :he -
- pecuniary injuries resulting f rom such. death bu: not to exceed the maximum amount otherwise recoverable under such law.
+
NE-33a
I 3.
The waivers se: forth in paragraph 1. above shall be effective only wi:h respect to bodily injury or property da= age to which the policy applies under its terms other than this endorsement; provided, however, that with respec: :o bodily in-jury or property da= age resulting from an extraordinary nuclear occurrence, In-suring Agreement IV, " Application of Policy", shall not operate :o 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 clai= is made against the insured not later than twenty years after the date of s
the extraordinary nuclear occurrence.
Such waivers shall not apply to, or prejudice the prosecution or defense of any clai= or portion of clai= which is not within the protection afforded under (a) the provisions of ne policy applicable to the financial pro-tection required of the named insured; (b) the agree =ent of indemnification between :he na=ed insured and the Nuclear Regulatory Com=ission =ade pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the 11=1: of liability provisions of Subsection 170e. of the Ato=ic Energy Act of 1954, as amended.
Such waivers shall no: preclude a defense based upon the failure of :he clai=-
an: to take reasonable s:eps to =itiga:e da= ages.
4 Subj ect :o all of the limitations stated in this endorse =ent and in :he Ato:ic Energy Act of 1954, as amended, the waivers se: forth in paragraph 1. above shall be judicially enforceable in accordance with their ter=s against any insured in an action to recover da= ages because of bodily injury or property da= age to which the policy applies as proof of financial protection.
5.
As used herein:
" extraordinary nuclear occurrence" =eans an even: which the Nuclear Regulatory Co==ission has determined to be an extraordinary nuclear occurrence as defined in the Ato=ic Energy Act of 1954, as a= ended.
" financial protection" and " nuclear incident" have the =eanings given the: in the Ato=ic Energy Act of 1954, as a= ended.
"claiman:" =eans the person or organization actually sustaining the bodily injury or property da= age and also includes his assignees, legal represen:-
a:1ves and other persons or organizations entitled :o bring an action for damages on account of such injury or da= age.
effective Date of this Encorsement June 1, 1986 To form a part of Policy No NF-302 12:01 A.M. Stancarc Time issued to Georgia Power Co=pany, Oglethorpe Power Corporation, Municipal Electric Authority of Georgia, City of Dalton, Georgia Date of issue June 5, 1986 For the su scricing ce canies 1
+
y a.o..
.e...,
Encorsement No 3
Countersigned by F" -
/
a Inco nc w cu
5 Nucl r En:rgy Li bility insuranc]
NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE, FACILITY s
It is agreed that in construir9 the application of Daragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT (NE-33a) with respect to an extra-ordinary nuclear occurrence occurring at tne f acility, a claimant wno is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating license nas been issued oy tne Nuclear Regulatory Commission shall not be consicered 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 tne nuclear reactor, and (3'
the claimant is not employed in CCnnection with the possession, storace, use or transfer of nuclear material at the facility.
Effective Date of E,,30,
June 1, 1986 To form a part of Policy No inis Endorsement 12:01 A.M. Stancard Time Georgia Power Co=canv. Orlethorpe Power Corocration. Municipal Electric Authority issued to of Georgia, City of Dalton, Georgia For the su scribing co panies Cate of issue Jime 5.
1986 wn E,
/F General Manager Endorsement No Countersigned by _
Y 4
MARSH & M:!.ENNAM lN00F;gRgg
C 7oa f 1/13 7*'
Nuclear Energy Liability insur:nce NUCLEAR ENER3Y LIABILITY INSURANCE ASSOCIATION I
AMENDATORY ENDCRSEMENT (Indemnified Nuclear Facility)
It is agreed that:
I.
In Insuring Agreement III, " DEFINITIONS" A.
The first sentence of th& definition of " nuclear facility" is amended to read:
" nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Fom) issued l
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 Energv Liability Policy (Facility Form) issued by Nu': lear Energy Liability Insurance Association or by Hutual Atomic Energy Liability Underwriters, or (2) any,other nuclear facility, if financial protection is required ursuant to the Atomic Energy Act of 1954, or any law amendatory thercof, with respect to any activities or operations conducted j
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, Subdivistor (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)
deviation in th2 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 materia], spent fuel or waste, or tailings s
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 predetermination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its transportation, or (2) from the f acility to any other location, but only 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 applies 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 written clain 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 tne 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 nealth-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 mpking 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 j
interruption of business or manufacture, arising out of the making of or a failure to make any such inspection or examination, 4
or any report thereon, or any such suspension of insurance, but i
this provision does not limit the contractual obligations of tne companies under tnis policy or any policy affording the insured property insurance through American Nuclear Insurers.
j IV. Condition 4 is replaced by the following:
4 LIMITATION OF LIABILITY; COMMON OCCURRENCE Any occurrence or series of occurrences resulting in bodily injury or property damage arising out of the radioactive, toxic,
'1 explosive or other hazardous properties of (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 Liacility Insurance Association, or (b) 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
- ne course of transportation for which insurance is afforded under this policy and also arising out of such properties of other !.ource material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thoritsn from any ore 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 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)
6 of liability of all such policies, the limit of liability of each such policy being as determined by Condition 3 thereof, but in no event snall such total aggregate liability of sucn 1
members exceed 5124,000,000; (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 pokicies issued by such s
members, the limit of liability of each such policy being at 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 reac:
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 Energy Liability Underwriters to any person or organization) applicable to loss or expenso covered by this policy, the insurance afforded 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 insurance as is afforded by this policy for bodily injury to an employee of the insured arising out of and in tne course of his employment shall be primary insurance under such other insurance.
VI. Paragraph (c) of ".ondition 16 " COMPANY REPRESENTATION", is amended to read:
(c) Nuclear Energy Liability Insurance Association is the agent of the com@anies 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, Fannington, Connecticut 06032, witn the same force and effect as if given directly to the companies.
Any recuests, demands or agreements made by such agent shall be deemed to have been made directly by the companies.
t Effective Date of June 1. 1986 To form a part of Policy No NF-302 this Endorsement 12:01 A.M. Stancard Time Georgia Power Company, Oglethorpe Power Corporation, Municipal Electric issued to Autnority of Georgia, City of Dalton, Georgigor the s cribing co panies June 5, 1986 Date of issue By
/
a.n.,.i..n.e.,
y T k$ 5 Countersigned t,7f
- w__..
Endorsement No "RSH &&L&"#N c ?
r,
- m v :. : a n. :
a
l Nuclear Energy Liability insurance NUCLEAR ENERGY LIA81LITY INSURANCE ASSOCIATION AME',' DENT OF DEFINITION OF INSURED (Tennessee Vallev Authoritv)
It is agreed that regardless of the provisions of the second paragraph of Insuring Agreement II, part (b) of the Definition of Insured includes 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.
in,'s [nEorsernent ___
June 1. 1986 To form a car. of Policy No NF-302 12.01 A.M. Stancarc Time issuec to Georgia Power Company. Oglethorpe Power Corocratien, Municipal Electric Autnority of Georgia, City of Dalton, Georgia Cate cf issue June 5. 1986 cor tne su seneing c: =anses wn v-c.o.,.i Er cersement No 6
Counterstoned by -
blARSH & MtLD:Nr.N NE-63 I""*"
a
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NUCLEAR ENERGY LIABILITY POLICY (FACILITY FORM)
The undersigned members of Nuclest Energy Liabdiry Insurance Association. hereinafter caHed the " companies. ' esch for itself. severallr and not cointly, and in the respective proportions hereinafter set forth, agree with the insureJ. named in the declarations raade a part hereof. in considerstion of the premsum and in rehance upon the statements in the declarations and subiert trNthe Israit af liabihty, exclusions. conditaons and other terms of this policy:
/
I N S U R'I N G AGREEMENTS I COVERAGE A - 3084LY INJUST AMS PROP $ TTY DAMAGE byproduct rnaterial; UA48UTY To pay on behsif si the insured:
"ros,,,
r,,,4," "sp,c,.i sect,se ranaf," and "eyp,ederr r,n.f" (1) all sums which the insur d shall become legally obligated to pay have the meanmas given them in the Acamac Emergy Act of 1934, or m as damages because of bdaly sasury or property damage caused any law amendatory thenof; by the nucient energy beaard. and the companies shall defend any "rp,s, fe,f" means any fuel element or fuel cornponent, solid of Inqud, suit saamst the msured allegmg swh bodily aniury or property damage and seekmg darr: ages whsch are payable under the terms whsch has been used or exposed to radaation un any nut! car reactor;
..w,,..
a wwe twenal (1) coem h& wM of this pohcy: but the compenses may inske such investigation, negotiation and settlement of any claim or suit as they deem and (2) resulting from the operstaos by any person or orpatasoon of
P'd""
any nuclest futhey included withas the Mamaa of nuclear facdary (2) cows taxed assinet the insured in any such suit and interest on under peregraph (1) or (2) thereof.
any sudsnwm emia.
rh hedity' mens & fwd 4 decribed is se dde ud s (3) premiums on appent bonds and on bonds to release attachments (fudes the location designated m Item ) of the declarataons and all property and operations at such location; in h suit, but without obligataon to apply for or furnish w
s.
..,g gg..
..g gyg.. as de6and in any Nuclear Energy (4) reasonable expenses, other than loss of earnmas, incurred by the Liabihty Pohey (Fudity Form) issued by the companies or by Mutual insured at the companies request.
Atornac Energy Liability L'nderwnters. The term "nulear facdsty" also m ens (l) say nuclesr reactor, COVERAGE E - DAMAGE TO PROP $ TTY OF AN INSURES AWAY ptOM TME PACluTT (2) any equipnwns or device designed or used for (a) separating the j
With resosct to property damage caused by the nuclear energy husrd isoeopes of uruaum or plusonawa, (b) processing or mening i
spent fuel, or (c) handlang. peacessing or packaging wasse,
)
to property of an msured whwh e away from the facdary, to per to such insured those sums which such assund would have been legally (3) any quipment or device used for the processag, fabricating or I
obhgated to per as damages therefor, had such property belonged to alloying of special nuclast matenst if et any tirne the eotal amoest
)
anohr.
of such matertal in the russody of the assend at the presome where such equipment or device is locased consam of or came===a more than 25 grams of plusoonam or urassee 23) or say com.
COvstAes C - Sus 004ATION - OPPSITE EMPLOYEES binatma thenof, or more thma 250 3rnas of urannum 233 With respect to boddy iniury sustained by any employee of an insured (4) any structure, besm, excavation, premaass or place prepared or used and caused by the nuclear energy hazard, to pay to the workmen's com.
for the storage or disposal of wasse, pe.nsenos carrier of sach insured all sums which such carrier would and includes the saae on enh any of the foressang in IM all have been entseled to recover and retain as damages from another operatsoas coeducted on such site and all pnesses used for such persos or orpnizatana, had such person or orpataatson alone been operations; legally responsable for such boddy sniory, by reason of the rights "is4,me,f,4 secle.e f,cility" rnanas acquired by subroptaos by the ps of the bene 6ts agaired of such (l) "the facdity" as denaed is any Nucles Liabdiry Policy carner under the appiscable wor s compensatana or occupana==t (Facdity Form) assued by the cornpanass or
&futual Atosnac disease law. An employer sho as a duly qualaned self.sasurer under Energy Liability tJoderwrisets, or such law shall le deemed to be a workmen's cosepasatson carner
(,,2) any o,ther nuclar facility'nd pursuaat to the Atomic Emeray Act wethan the menrung of this coverage. This Coverage C does not apply to g,,,,,,p,,,,,,,,,,,,,q,,
boddy aniury sustained Ly say pe; son who is employed at and in connataos wah er facdwy.
WR or any law amendatory meteof, wie respat to any ut vm or operations coeducted thereat; h Coverage C shall not consueure workmen's compenestaos insurance as requind under the laws of any state.
mf,,,,,,,,,.. means any apparatus designed or used to sustaia nuclear 6ssase is a self-supportang chsan nection or so coessas a critical rness of 6seseeable materal; II (a)ftNf710N 07 INS 4ftGB The unqualJied word " insured" includes "esdame coergy & eased" means the radioactive, sonic explosive or other DE the narned insured and (b) any other person or organsaation with hasardous propernes of nuclear metenal, but only al respect to he lept responsabdity for damages because of boddy injury or property damage caused by the auctant energy haantd.
(l) the nuclear maternal is at the facdity or has been dacharged or dupersed Wrefrons useout unsant so rehagamh paaa==aise or Subdiessano (b) above does not unclude as an insured the L*nsted cussody thened to any pense or orgmassaama, or States of Amencs or any of its agencars-(2) the nuclear masenal is is as insured shipment which is (a) is the Sub ect to Condstaan 3 and the other proveions of this policy, the course of transportation, including headlang and temporary seorage t
insurance applies separately to each insured assiast whorn claim as incidental thereto, withan the territorial larmes of the L~nised States rnade or suit as beought.
of America its terntorws or possesseems. Puerto Raco or the Casal Zone and (b) away from any other nuclear fac twy; Wherever used in 'his policy.
"istered reipmeer* means a shipment of source material, special nuclear III "DEplNffpOIIS matenal, speet fue( or waste, hereus called snatenst. (1) to the tacd.
& eddy lefery" masas bodaly a.ssary, sachases or disease, including deem noelting endrom, susmaand or aar penos; ity from a nuclear facilwy owned by the L*nited $tstes of Amerus, but only of the transportation of the matenal is not by predetermiantaos to
property Jameste" masas physical iniury to or destructaan or radio, be interrupted by the removal of the matenal from a transporting con.
actave commmanataos of psoperty, and loss of use of property so injured.
veyance for any ruryose other than the continuation of its transports.
destroyed or c-i and loss of use of property whde evacuated rion. or (2) from the facdary to ane other location except se indeaisi.
or withdraws from use because possibly so contamiassed or because of fied nuciar facility, but only until the masenal is removed from a irniruneet danger of such contamamatsoe; transportmg conveyance for any rutpose other than the tone=== of Nadeer materral" mesan source matenal, special nuclar matenal or its transportance.
fuciant Eastgy Liability Polwy (Facility Form) 2/1/57 (Second Revision)
-sese
6 i
{
AppttCAftest of pOUCY TMs policy apphee only to boddy inntry wnteen claim as me.fe stainst the ms are:1. not later 'ha or property damage (1) which is caused durma the pohcy period br it'e end of the pohcy period.
the nuc:ar mergy hazard and (2) which is Jaco=cred and for which EXCLUSIONS This polscy does not apply:
hons, in time of peace or war, of any nucle, we poe or othcr (a) to any obligation for which the insured or any carner as he is.
'nstrument of war utdiaans special anciar material or byproduct suser may be held liable under any workmen's compennessen, us.
naarnal; empeoyauma compensation or disabalary bene 6ts law, or under any samster law; (e) to bodily isiury or property damage due to war. whether or one declared, civil war, insurrectana, rebellace or revolutane, or to any (b) escept with respect to liability of another assumed by the insured under contract, so boddy iniury to any employee of the insured act or coaditeos incident to any of the foregoeng, aname out of and as the course of ha -. M,_y _iseury em any (f) so peeperty dessage to any psoporty at me W-W k by the in-sused; but thes esclassem dass not apply to I*em 5 of the declaratasms, other thee nascalt, weseremit or ve-pense who is est empeeyed at and a cosascaos wah the facdary hacle licensed for highuey one, peoended much aisconft, wesercraft if the insured has complied with the respaarememes of the appiacable ne vekiss are ser uand is comesctane wish the operanosa of the g,,g;,,*.
worhusen's compe===e-or occuparammal diasmae law respectma the sansring of compeenataos beneses thereunder to his employees; (3) to property demase to nucleat merenal in the course of treasoons-(c) to tambaldy assumed by the assured under coetract, other thme as taan to or (som the fardmy aarludang handles or storage narM assumpass is a contact wish another of the habiley of any pernam 88'"*3 or orgmassenen which would be impeeed by law on such presse orgmasamtsam in the ahmeere of an express assumptaon of fishdaor (h) under Co,e age B, ao propasty damage due to magiset of the in-ry; sused to use all messmahne monas as save and pasarve the peop.
(d) to boddy separy or psoperty damage due to the manufactunes, esty after haswiedge of the occurance uselang in such property heading er use at the normen desagsmand in Item ) of the declass.
damage.
CONDITIONS 1 psummsusa sensed in the *PengIWRI The asamed nasused shall pay the compenses the advance erty dansage caused during thrt policy period by the seclear emergy
_ for the pened from the efectave heaard, the lismas of the cesspes:iss' inhalaer semand a the Ae4==a==== m daar of thss polacy thseegh December 3t following. Thesenfter, at the the total liehelier of the companies for their Mg== under thss
' el each caesadar runs whale thss polacy is sa fosce, the named assused pay the adinace preamsua for such year to the compnases.
poliry and the espumans innaned by the e==y=== as commacues wah such obla==*.,= incleding The adiance paesem for each alendst year shall he stated is a wname asance as,en by the compenses to the named issund as soon as (a) permemes in settlemmet of claims and in estamfactane of jedessmes Practacahie pner as or after the bassansas of such year.
agniast the insumeds for damages hermene of boddy assesy or peop.
eny damage, pa sede under pasts (2), ()) and H) of Such adweare pseumsesse ase setmanand premaums only. As soon as Cowesage A perusass made sa sustlement of claams under practer=Me afast emch Thr==h=* 31 and after the termaaseos of this Coweeages B and C; policy. the ansmed preussue for the precedans prenmini persad shmil be cosapuend am acroessence web ibe compmaans rule, rases, ratang plean, (b) paresses for en aarnesed is the invasa emme of aar claim or sea,ssaae, esguantme, preensums and manamme pamsens spplicable to thas insurance. If th' seidemment and sectedias, but not earned peemsessa thus compuesd for say prectum penod esceeds the hmased es, the cost of snach services by salaned emp6oyees of the advance premium pre,sously pani for such pered, the named insured c,,,,,,,,, g,,,,a,,,,,,,, og '.
- adiessors, anomsys*
shall rey the 'z(ess to the composers, d less the cornreases shall re.
fees and d* _-.
. expenses for eepest 8-aar asspectaan ruse to the named nasured the unearned portaon pend by such insured.
and appramal of property, exammantaan, X.rny or susop,sy or meda-The narned insured shall maamassa records of the informataos neces-cal espemass of any had; sary for premsum computarios and shall send copses of such records to (c) paymenes for expenses incurred by the cosupanses in investipang the cornpenses as darected, at the end of each calender yest, at the end an occurrence resultang sa boddy aaguay or property damage or a of the polacy pered and at such other times during the policy period minimarang its ederts.
as the compoam any daert, Each paymem made by the cornpesies in discharge of their obligences under thes polacy or for espenses incurnd as coeaartaos wah such obligations shall reduce by the amount of such psy msat th2 lissat of the IIISPECT9908: S55P5858000 The corry==== shall be penessied to 2 inspect the fardity and to esamene the meured's books and records at comrenses' habitary under this policy.
any tasme. as far as alwy reiser to the subrect matter of this nasussace-if, during the policy pered or subsegruent thenes, the rosal of such paymenes made by the compenses shall enheisst the linut of the cose-If a repassmenrive of the compenses discovers a condition which he panaes' habela' y under the polacy all hakelasy eM oblipraons of the i
believes es be unduly dangesous wsth respect to the nuclear emergy coenreases under this policy shall thereupon tenmaanse and shall be haansd, e repouseassasse of the companass may restuest that such condi.
taan be corserted wishout delay. la the event of non4ornplinare with conctusively presumed to have been discharged. This policy, d not such sequest, a nyeesessnesse of the compsaars may, by notice to the theretofore caartled. shall thereupon automatacally termassee.
named ammesed, to any osher persee or orgsmasatson consadered by the Regardless of the number of years this polacy shall continue in 'orce to be susposeshie for the cosaamance of such dangerous and the nuadser of premaums whsch shall he payable or paid, the limat c
and to the Unased Samens Aeosasc Emergy Coenmassaan, sus-of the cornpanars* hability stated in the declarations shall not be c
pamd the ama===*e with resport to the momed insured and such other cumulative from year to year.
person or orgssamassen efectsve 12:00 medaight of the next besmens day of such e-following the dose that such Ccenmasson LIMITATIOIf OF UASIUTY; COMMO8f OCCURRE80CE Any occur-A receives such estare. The persed of such suspension shall termaanse as rence or serws of occurrences resultmg a boddy aniury or property T of the casar samend in a wraten notice from the compenars to the named insiued and es anch such person or oramassassoa that such conditaan has Jamage ansma riut of the radioactave, tosac, esplosive or other hasard-ous propertaes of been corsetted.
(a) nuclear material discheryd or dispersed from the focality over a pened of days, weeks, moeshe or longer and alas ansang out of q MWT OF M M TWAANATION OF POUCT UPON EI.
such properties of other nuclest metenal so decharged or das.
J 904581995 09 UtNT Repsdises of the number of persons and persed from one or more other auriant facilaus issused by the orpasamesmas who ase issuseds under this polary, and regssdiens of the compenses under a Nuciana Easrgy Laatsleer Ptslacy (Facabry mussher of dains asser and suas brought apaast any or all sesasseds Form), or because of ese or most occurrences seemiums am boddy sojury or prop-(b) sensee asssenal, special auriant unearmi, spent fust or wesse in the
e a
l course of tran*per'stron for *hich insurawe J afforded under thrs prnperry. The sas ired shall inctode in eSe er,of nf tr,,ss a copy of sig polary sad also armeg out c,f su h properties or ceher source deu rttions and xhesles us all ochcies Urun <be tort ranies' request, maarrial, specas' aucicar anterial, siweit fuel ar = sste 1i the course the nsured sha!I Nrrash ver:6ces plans and srwdcatu.ns of any such of temasportatace for whsh nsurance is adorded uoder one or property The msured, as eften es may be nasonably required, shall es.
move other Nuclear Energr laabdity Pohcaes (Fudity Form) ts.
hibit to any pman designated by the compaases say or such property I
sued by the compamaan, and subnut to enarninstaons under oath by any pman named by thE shall be deausd as be a ensamon occurrence resulting in bodaly impary or compnases and subscribe the sarne; and, as often as may be reasonably property damap caused by the nucicar energy hasard.
munnd, shall produce for c amiriataca all books of account, rectards, With respect to such bodily iniury and property dams (1) the total
- s. invosces and other vouchers, or ceredied copies thmod if originals aggrepar taabstiry of the cornparues under all Nuclear nergy Liab hty be losa, at such reasonable time and place as may be designated by the Polacase (Facday Form). including this policy, applaable to such com-c Qanay r npmentatim and shah permit estracts and copaes man ocnsmace shmal let the sum of the lanuts of hahnlity of s!! such acase, the liest of lanhalary of essh such polacy being as deerrrmaned r h 3 thevesf, but sa no event shall such total aggrepse Im.
APPRAISAL - Covecoge 3 In case the visured and the cornpasass bdary of the compmassa exceed $46,300 000; (2) the total hacesary of shall fad to agree as to the amount of property damage, then, ce the the compaans under the polacy shall not exceed that proportana of the written demand of either, exh shall select a compettet sad diseaseresard toni aggregame lenhalay of the compmanes, as stated se clause (I e above.
appraiser and notify the other of the appremet selected withan tweary whach (a) the laamst of imbehty of this palacy, as deternamed br Condk days of such demand. The serrassers shall Erst select a coepetent and use ), bases as (b) the sem or the tirmats of habalsey of all wh polacaso dismterested umpire and, fashng for 6fteen days to agree upos such issued by the -- _ m the lunst of hababty of each sach poin being umpire, then, on requess of the insured or the coanpaassa, such umpire as deemrmamed by Cosiaaos S. thereof, shall be nelated by a iudge of a court of record as the state is wtuch The psevenoms of th.s condition shall not opesase to increase Jse lamat the property as located. The apprsisers shall then appemme each seem of of the casarmano laaksiary under thss poisry.
property damage and, failang to agree, shall submia tiseit diferences only to the umpire. An award is entang, so seemsord, of any two 5 g op accesemannes CM OE 58tf Is the event of when 61ed wash the cornpanas shmal deeermune the assume of pmerry P"'? d===p* es which the polary appiass or of damage. Each appraiser shall be pond by the party selectaas hun and the beddy 8F er P"h as sa -- --
whu give rue to claams thetfor, wreams asuce expenses of the appraisal and umpire shsAl be paid the partass De to emes abil not be he6d to W m of h
'"f P888880
- W"'"EF 'h* '*"* sed and also reasse-
'""ey'"a"banashie mia-a=== weds to the tame, place and caseum-rights by say act reestang to "PPsamal.
ah sammens ihmemi, and the name addsonass of the ansesed and of riesimhis wemmassa, shall be given by or fee the assused to Nuclear SU8aOGATION la the evnet of any perment mader this policy, the {A 1
Eassy behsisy r===== Aasscastase or the compnasms as seem as compmaans shall be A_ __ f to all the sessang's nahts of racesery pancacahisL If cfaam a made or som a brought the insured, he therefor agnaast any person or oramasantana, and the naused shall es.
shall assendsw forward to Nuclear Energy aty lasorance Asan-aute and Jchver instrumeers and papers aand do whatever clar as
)
castaan or due compnaams every rie===d - summons or other pio-nuessary to secure such rights. Priot to kaseledge of boddy assary or cess recurved by bass or has repressmanave, property darnage caused by the nuclear essergy hasard the insured may waive in writing sa nght of recovery agnaast any person or orgsasan.
m Wsk M Wee h arm M mot warw w oserwur 6 ASSISTANCS Ane COOPERATION 09 THE INS # TBS The g preludre any such right of ruove y.
sured shall cooperase with the ramp=== and, upon the cw respost, ansed hamnags and tnals and aanut an ung settlemsmes, The manpanies bmer waive any rtshes of subrogstaos acquased securtag and gsving evadence, obmanang the attendnace of wrtmasses and against the United States of America or any of its assmcans by russos of in tier coeduct of may legal proceedaags na commoctaos wash the subvert any payment under this pohcy matter of thaa assusmace. The insured shall sot, cacept at has own cost.
The mmpanaes do not rehnquah, by the foregoing provsanas, any make say payment, assesse say obhsstace or sacut any expense.
right to restarutaos from the msured out of any ruovenes made by the insured on account of a loss covered by thm poiscy of any asommes so A and C No which the cornpeases would be entitled had such provisanas, or any of 7 ACTION AGAINST COesFANit$ - C-them, not been included m this polacy.
actaan almall he asiaast the compaeaes or any of them unlesa, as a coa-datana precedent thereto, the insured shall have fully complaud wuth all i
the tenns of this polacy. not until the amount of the tasumi's obhastaan OTHER INSURANCE If the insurance adorded by this polacy for Icas 1 to pay shall have been smally determined either by andg=nar agaaast the or e pense is concurrent with msurance adorded for such loss or ex-A insund after actual tnal or by =ritten agreentet of the insured, the pense by a Nuclear Energy Liabihty Pohcy (Facdity Form) issued to 4
cgaim.ar sad the compa-a.
the named msured by Mutual Aromac Energy Liabihty Underwnters.
Any person or organization or the legal representasave thereof whu heremalter called " concurrent msurance,' the cornpanars shall not be has secured such sudgment or written agreement shall thereafter be liable under this polacy for a greater proportion of such loss or erpense entatted to ruover under this pole to the extent of the insurance than the f ames of habahry stated in the declarations of this policy bears
' h' h * I h'D'bry stated so the dulara-adttded by this pohey. No person or utganization shall have any right og'","
p under tan polacy to join the companaes or any of them as partars to any actaan against the insuruis to determine the insured's lambdary, nor shall if the insured has other wabd and collectible insurance (other tl~
the compenses or any of them be impleaded by the nasused or his legal such concurrent insiarance or any other nuclest energy habihry msun a representative. Bankruptcy or inaolvency of the insured or of the in.
issued by the corr *ranses or Mutual Arc'mic Energy L.sabdiry Under 4rit.
sured's estate shall not geheve the cornpanses of any of their obhgations ers to any gyrson or organization) apphcable to loss or en wnse covered henunder by this polacy, the msurance aderded by this gelicy shall be excess in-surance over such other msurance. rrovided, with respect to any person ACTION AGAINST COldfAMitS-Coverogs B No suit or actio" who is nut employed at and m sunnation with the f acdcy, such insus.
8 on this pohey for the ruovery of any claim for property d.amage to an6e as is a#orded by this pohcy fut boddy niury en an ernf oyee of l
the insured arising out of and m the course of his errployment shall be whah Coverage 8 apphes shall be sustamable in any court of law or primary insurance under sush other insurance.
equity unless all the requirements of this pohcy shall have been com-phed with and unless comrnenced withm tso years after the occurrence resultmg in such property damage.
CHANGES Ncoce to any agent or knosledge rossessed by any agent 13 or he arry..ther person shall net edect a eaaver or a change in any part if this swhcy or estop the companies from assertmg arty right under the 1%$URE0*S DUTIES WNEN LOSS OCCUS$ - Coverege B actms of this pohey. not shall the terms of this smiscy be wasted oc h Is the event of property damage to shath Loveiare B arrlies the in-seansed. except by endorsernent issued to form a part of thrs polo sured shall furnish a complete inveritory of ene property damage esecuted by Nutlear Energy Liabihty lasurance Association on behalf claimed, showmg in jetad the arnount thereof. Withm ninety one days of the companies.
after the occurrence resultmg in such r:operty damage, unless such time is eurended in writmg by the comparues, the insi red shall render to the companies a proof of loss. signed and sworn to oy the insured.
A511GNesENT Assignment of mterest by the named insured shall not {Tg starmg the knowledge and behef of the msured as to he following:
bind the companies untd their consent is endorsed hereon; if however.
adentification of such occurrence, the interest of the insured m the the named insured shall die or be dalared bankruN or insolvent, the property destroyed or damaged, and the amount of each item of prop.
swhcy shall cover such insured s legal representative, tweiver or trusase erry damage clairned, all encumbrances on such properry; and all other as an msured under this rohcy. but only with respect to his habilser as contracts of insurance, whether valed or not, coverms any of such suih, and then only garonded s ritten notice of his artwineneet as legal
,,___m--,. _. - _, _ _ _ _... _ _ _ _ _ _ _ _ _ _, _. _ -
6 sepresentative, reczver oc trusese b sivve to the companies withis ten (b) la any actsoa are suit assiast the compmassa, service d pm,
dars after such appoiae be made on any one of ther:L and such se?Ke shall be deemed a
valid and banding service on all companaes.
(c) Nudear Emergy Liabdity lasurance Association is the CANCSLATION This policy may be canceled by the named insured bf the compaanes with respect to all matters pensaming to th asis.
15 mading to the companaes and the Uatted States Atomac Energy Com-ance. All notxes or other communxatacas reluared by this pol mission wrmen notace statanj 'hea. not less than tharty days therefter.
to be given to the companies mre be gaven to such agent, at $
such cancelation shall be esectaw. Thaa polacy may be canceled by the osce at 60 John Street. New York 38. New York with the same companies try rnading to the named insured at the address shown in this force and efect as d given directly to the compaases. Any requeses polg and to the United States Atomac Energy Commission written notace demands or agreements made by such agent shall be deaned to statina whee, not less tasa naasty days thereafter, such cancelation shall have been made directly by the compaases.
be efective; provided in the event of non-payment of premaum or d the operator of the facdity, as designated an the declarations is laced AUTMOGIIATION OF NAMES INSURSS Escept with respect t by anuther person or organiaasson, this policy may be canceled the compliance with the obliganons imposed on the nasured by Coadstmas cornpanies by mailing to the named insured at the address shown sa this policy and to the United States A
- 3. 6, 7. 3,9, to and Ii of this polacy, the esmed insured is authonaed notace statan whea. not less than tha,tomac Energy Commissace written to act for every other insured in all mattees pensanag to thas m rry days thereafter, such cancela.
taon shall be efective. De mading of notace as aforesaad shall be suscient proof of notace. The efective date and hour of cancetation CMANGES IN SUBSCSISING COhipA40833 ANg lg yyglE 1 O stated in the notace shall become the end of the poig period. Delivery of such writtee noesce either by the named insured or by the companses PROPORTIOGIATE LIASILITY By accepenace of this policy the named AO shall be equivalent to meding.
'nsured agrees that the members of Nucier Energy Laahdity las=1mam Associatma liable under this policy. and the propornaamas liability of Upon termination or cancelaten of this policy. other than as of the each such member, may change from year to yet, and further agrees end of December 51 a any year, the earned premium for the period that regardless of such chsages:
this polg has been in force since the preceding December 31 shall be computed sa accoreance =sth the following provisions:
(t) each company subscribing this polacy upon its issuance shall be liable only for its stated proportaon of any obl' taoa sasumed or (a) J this polg is terminated, pursuant to Condation 5, by reason of expense sacurred under this polacy because o[boddy miury or
(
the enhaustson of the limat of the companaes liabdity, all premium property damage caused, dun the from se esecuve date theresofore paad or payable shall be fully earned; of thas policy to the close of 31 next followtas, by the l
(b) J the named asured canceis, the earned premaum for such petiod nuclear energy haasad; for each :
-1 calendar year, begia.
shall be computed so accordance with the customary annual short naag January I nest following the efective date of this polacy, the rate table and procedure, provided d the named insured cancels subscribing companies and the p te liabdity of each suca after knowledge of boddy iniury or property damage caused by the company shall be stated sa an issued to form a past aucteer energy hasard, all premiums theretofore paad or payable of this polacy, duly esecuted and anessed by the General blaanger shall be fully enrasd; of Nudear Energy Linhdaer lasursace Assoastaos os behalf of each such compney, and maded or delivered to the named imensed.
(c) if the cuanpasses cancel, the earned premium for such period shall be computed pro rata.
(2) this policy shall retnais contamuously is efect from the efective date seated in the declaratsoas used trrnaasted in accordnace wah Premaum adjustment. af any, may be made either at the tame cancelataca Condanoa 3 or Condataca 15-as efected or as some as practicable after cancetation becomme efectave, but payment or tender of unearned premaum as not a condition of (3) neither the liabdisy of any cosepaar not the limit of !;abilley senaud canceistana, in the declarstacas shall be cumulauwe fsee year to year.
DECLARATIONS By accepesare of this policy the maanad insured assess en 16 COteFA487 RSPRES8817ATIOtt that the statements na the declaratanas are the agreetasets and supre. D (a) Amy notace. swore sesamment or proof of loss which may be re-sentatsons of the narned insured, that this scy as assued sa reisaare quared by the provisanas of chas polacy may be gives to any one upon the truth of such rep.
and this policy Mah all of the compeasen, and such notace, statemret or proof of toes so agreemeses between the earned ansured and the compnaams or any of given shall be valid and Sadaag as to all comr-=
their agenes reistityt to this sasurance.
IN Wrywsss WMassor, each of the subscribing companies has caused this pol'acy to be executed and attested on its behalf by the General &(sanger of Nuclear Energy laahaisty lasurance Assocsatsoa and duly countersagand on the declarations page by an authorized repressatatave.
For the Sebecribing Compenses hhm Q
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'O Aetna Casual y & Surety Co.
10.109373*
Affiliated F M :nsurance Co.
.235839; Allian: Insurance Co:pany
- .3:0476*
Alls: ate Insurance Cor.pany 5.3cI666%
A=erican Home Assurance Co.
1.010937-Connec:icu: :nce:nity Co.,
The
. getog-3.199[o75 Continental Casualty Company Continental Insurance Com~pany 6.905876
't.9.9.ccc..c Federal Insurance Company s
Fire =an's Fund Insurance Co.
3.0 80952
Gen Accident Ins. Co. of A=er.
1.540476*
General Ins. Co. of A= erica 1.9.acc9.c Hanover Insurance Company
.577679*
Sar: ford Accid.& :ndemnity Co.
C. t c., / 7 C ao a
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.w Ear: ford Steam Sir. ns; & Ins
.672958*
Eighlands Insurance Co=pany
,3g31;9:
1,444196:
Home Indemni:y Company 5.584226*
Ins. Co. of North America.
Motors Insurance Corporation
.19:56C:
Ohio Casual:y' Insurance Co.
.19:560
.'577679:
Pacific Indemnity Company Protec:ive Insurance Co:pany
.096280
,192560*
Providence 'Jashing:en Ins. Co.
Reliance Insurance Compan*/
1.'..c.c.157-Royal Ins. Co. of~ America 4.043750 St Paul Fire.& Marine Ins <Co.
5.538403:
J
.ic.ac 0-
.c Seaboard Surety Company State Far Fire & Casualty Co.
.962798*
Transamerica :nsurance Co.
.960798*
Travelers Indemni':y Company 12.516367 U.S.
Tidelity & Guaranty Co.
9.627974*
U.S. Fire Insurar.ce Comp' ny ~
J 3.562251 a
Universal Undervriters Ins ;Co.
.19:560*
1.444196%
Zurich Insurance Company fiE-06
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