ML20205L037

Requests Mod to Indemnity Agreement B-64 Which Would Address Different Requirements for Licensees of TMI-1 & TMI-2.Mod Agreement Containing Proposed Changes,Encl.Mod Would Become Effective Upon Transfer of TMI-1 to Amergen

ML20205L037
Person / Time
Site:	Three Mile Island
Issue date:	04/05/1999
From:	Langenbach J, Danni Smith GENERAL PUBLIC UTILITIES CORP.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
1920-99-20106, NUDOCS 9904140103
Download: ML20205L037 (19)

Text

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l G PU Nuclear, Inc.

( Route 441 South NUCLEAR April 05, 1999 Post Office Box 480 Middletown. FA 17b57-0480 Tel 717 944-7621 1920-99-20106 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D.C. 20555

Dear Sir:

l

Subject:

Three Mile Island Nuclear Station, Unit 1 (TMI-1) and Unit 2 (TMI-2)

Operating Lbense No. DPR-50, Docket No. 50-289 Possession Only License No. DPR-73, Docket No. 50-320 Request To Modify Indemnity Agreement No. B-64 GPU Nuclear, Inc. (GPUN), on behalf ofitself and its afliliates, Metropolitan Edison Company, Jersey Central Power & Light Company, and Pennsylvania Electric Company; and AmerGen Energy Company, LLC (AmerGen) hereby request a modification to Indemnity Agreement No.

B-64. Attachment I to this letter provides our proposed changes (proposed changes are highlighted in bold font) which address the different requirements for the licensees of TMI-l and TMI-2. The modification to Indemnity Agreement No. B-64 would become effective upon the transfer of the TM1-1 facility operating license to AmerGen.

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l DDk 9904140103 990405 "

PDR ADOCK 05000289 ~,

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If the NRC should huye siy questions, please contact Adam Miller of the TM1 Nuclear Safety &

Licensing Department at (717) 948-8128.

Sincerely,

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Dickinson M. Smith J mes W Langenbac(i}

ChiefExecutive Officer , ice President and Director, TMI AmerGen Energy Company, LLC GPU Nuclear, Inc.

AWM Attachment 1 - Propo, sed Modification to indemnity Agreement No. B-64 cc: TMI Senior Resident Inspector Administrator, Region I TMI-2 Senior Prc, ject Manager TMI-l Senior Project Manager fra Dinitz File 99058-1 I

l Page 2 of 2

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Attachment 1 Proposed Modification to Indemnity Agreement No. B-64 1

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INDEMNITY AGREEMENT NO. B-64 BETWEEN METROPOLITAN EDISON COMPANY JERSEY CENTRAL POWER & LIGHT COMPANY l

l PENNSYLVANIA ELECTRIC COMPANY l

GPU NUCLEAR, INC.

AMERGEN ENERGY COMPANY, LLC AND

! THE UNITED STATES NUCLEAR REGULATORY COhiMISSION l

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1 UNITED STATES NUCLEAR REGULATORY COMMISSION 1 WASllrNGToN, D C. 20545 i

Docket No. 70-1333 Indemnity Agreement No. B-64 ,

i This Indemnity Agreement No. B-64 is entered into by and between Metropolitan Edison Company Jersey Central Power & Light Company Pennsylvania Electric Company GPU Nuclear, Inc. j AmerGen Energy Company, LLC (AmerGen) and the United States Nuclear Regulatory Commission (hereinafter referred to as the

" Commission") pursuant to subsection 170c of the Atomic Energy Act of 1954, as l

amended (hereinafter referred to as "the Act"). l 1

l ARTICLE I As used in this agreement: l

1. " Nuclear reactor,"" byproduct material,"" person,"" source material," )

"special nuclear material," and " precautionary evacuation" shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the a regulations issued by the Commission. )

2. Except where otherwise specifically provided, " amount of financial protection" means the amount specified in items 2a and b, of the Attachment annexed hereto, as modified by paragraph 8, Article II, with respect to common occurrences.

3. (a) " Nuclear incident" means any occurrence, including an extraordinary )

nuclear occurrence, or series of occurrences at the location or in the course of transportation causing bodily iniury, smkness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material.  !

(b) Any occurrence, including an extraordinary nuclear occurrence, or series of occurrences causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, 1

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. 2 arising out of dr resulting from the radioactive, toxic, explosive, or other

' hazardous properties of

i. The radioactive material discharged or dispersed from the location over any period of time, and also arising out of such properties of other material defined as "the radioactive material" in any other agreement of agreements entered into by the Commission under subsection 170c or k of the Act and so discharged or dispersed from "the location" as defined in any such other agreement, or ii. The radioactive material in the course of transportation and also arising out of such properties ofother material defined in any other agreement entered into by the Commission pursuant to subsection 170c or k of the Act as "the radioactive material" and which is in the course of transportation shall be deemed to be a common occurrence. A common occurrence shall be deemed to constitute a single nuclear incident.

4. '" Extraordinary nuclear occurrence" means an event which the Commission l has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

5. . "In the course of transportation" means in the course of transportation within l the United States, or in the course of transportation outside the United States and j any other nation, including handling or temporary storage incidental thereto, of the radioactive material to the location or from the location provided that:

l (a) - With respect to transportation of the radioactive material to the location, such transportation is not by predetermination to be interrupted by the removal of the material from the transporting conveyance for any purpose other than the continuation of such transportation to the location or temporary storage incidental thereto;

-(b) The transportation of the radioactive material from the location shall be deemed to end when the radioactive material is removed from the transponing conveyance for any purpose other than the continuance of transportation or temporary storage inc!Jental thereto; (c)  : course of transponation" as used in this agreement shall not include trawponadon of the radioactive material to the

. 3 location if the material is also "in the course of transponation" from any other " location" as defined in and covered by any other agreement entered into by the Commission pursuant to subsection 170c or k of the Act.

6. " Person indemnified" means the licensees and any other peuon who may be liable for public liability.

7. "Public liability" means any legal liability arising out of or resulting from a nuclear incident, or precautionary evacuation (including all reasonable additional costs incurred by a State or a political subdivision of a State, in the course or responding to a nuclear incident or precautionary evacuation), except (1) claims .

I under State or Federal Workmen ~'s Compensation Acts of employees of persons indemnified who are employed (a) at the location or, if the nuclear incident occurs

. in the course of transportation of the radioactive material, on the transporting vehicle, and (b) in connection with either licensee's possession, use or transfer of the radioactive material; (2) claims arising out of an act of war; and (3) claims for loss of, or damage to, or loss of use of(a) property which is located at the location and used in connection with either licensee's possession, use, or transfer of the radioactive material, and (b) if the nuclear incident occurs in the course of I transportation of the radioactive material, the transporting vehicle, containers used in such transpo tation, and the radioactive material.

8. "The location" means the location described in Item 4 of the Attachment bereto.

9. "The radioactive material" means source, special nuclear, and byproduct material which (1) is used or to be used in, or is irradiated or to be irradiated by, the nuclear reactor or reactors subject to the license or licenses designated in the l Attachment hereto, or (2) which is produced as the result of operation of said reactor (s).

10. " United States" when used in a geographical sense includes Puerto Rico and all territories and possessions of the United States.

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11. " Licensee" when used with respect to Three Mile Island Nuclear Station, j Unit 2, means Metropolitan Edison Company, Jersey Central Power & Light  !

Company, Pennsylvania Electric Company, and GPU Nuclear, Inc.,  !

collectively; and when used with respect to Three Mile Island Nuclear i Station, Unit 1, means AmerGen Energy Company, LLC. "Each licensee" or "either licensee" refers to the licensee of Unit 1 and the licensee of Unit 2 individually and separately. " Licensees" refers to the licensee of Unit I and  ;

licensee of Unit 2 collectively. j

4 ABTICLE 11

1. At all times during the term of the license or licenses designated in item 3 of the Attachment hereto, licensees will maintain financial protection in the amount specified in Item 2 of the Attachment fer the site and in the form of the nuclear energy liability insurance policy designated in the Attachment. Each licensee shall, notwithstanding the expiration, termination, modification, amendment, suspension or revocation of any license or licenses designated in Item 3 of the Attachment, maintain such financial protection in effect until all the radioactive material has been removed from that licensee's Unit and transportation of such radioactive material from the location has ended as defined in subparagraph 5(b), Article I, or until the Commission authorizes the termination or the modification of such financial protection. The Commission will not unreasonably withhold such authorization.

2. In the event of any payment by the insurer or insurers under a policy or policies specified in Item 5 of the Attachment hereto which reduces the aggregate limit of such policy or policies below the amount of financial protection specified in Item 2 of the Attachment, the licensee currently owning the facility that has caused t.he limit to be reduced will promptly apply to its insurers for reinstatement of the amount specified in Item 2a of the Attaclunent (without reference to paragraph b ofitem 2) and will make all reasonable efforts to obtain such reinstatement. In the event that the licensee currently owning the facility that has caused the limit to be reduced has not obtained reinstatement of such amount within ninety days after the date ofsuch reduction and in the absence of good cause shown to the contrary, the Commission may issue an order requiring that licensee to furnish financial protection for such amount in another form. )

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3. Any obligations of the licensee, either individually or jointly, under subsection 53e(8) of the Act to indemnify the United States and the Commission from publi:: liability, together with any public liability satisfied by the insurers under the policy or policies designated in the Attachment hereto, shall not in the )

aggregate exceed the amount of financial protection with respect to any nuclear incident, including the reasonable costs ofinvestigating and settling claims and i defending suits for damage. I

4. With respect to any extraordinary nuclear occurrence to which this agreement l applies, the Commission, and each licensee on behalf ofitself and other persons indemnified, insofar as their interests appear, each agree to waive (a) any issue or defense as to the conduct of the claimant or fault of persons indemnified, including, but not limited to

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. s (1) negligence; (2) contributory negligence; (3) assumption of the risk; (4) unforeseeable intervening causes, whether involving the conduct of a third person or an act of God.

As used herein, " conduct of the claimant" includes conduct of persons through whom the claimant derives his cause of action; 1

(b) any issue or defense as to charitable or governmental immunity; (c) Any issue or defense based on any statute oflimitations if suit is instituted within three years from the date on which the claimant i first knew, or reasonably could have known, of the injury or damage and the cause thereof.

The waiver of any such issue or defense shall be etrective regardless of whether such issue or defense may othenvise be deemed jurisdictional or re!ating to an element of the cause of action. The waivers shall be judicially enforceable in accordance with their terms by the claimant against the person indemnified.

5, The waivers set forth in paragraph 4 of this Article:

(a) shall not preclude a defense based upon a failure to take reasonable steps to mitigate darnages; (b) shall not apply to injury or damage to a claimant or to a claimant's property which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (c) shall not apply to injury to a claimant v i t' h c;nployed at the site of and in connection with the activity whec. . raordinary nuclear occurrence takes place if benefits therefor m . aher payable or l required to be provided under any workmen's compensation or occupational disease law: Provided, however, That with respect to i an extraordinary nuclear occurrence occurring at the facility, a l claimant who is employed at the facility in connection I i

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. 6 with the construction of a nuclear reactor with respect to which no operating license has been issued by the Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:

(1) the claimar.t is employed exclusively in connection with the constmetion of a nuclear reactor, including all related equipment and instaliations at the facility, 3 and  !

.(2) no operating license has been issued by the NRC with respect to the nuclear reactor, and (3) the claimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility.

(d) shall not apply to any claim for punitive or exemplary damages, provided that, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount )

othenvise recoverable under such law; (e) shall be erTective <mly with respect to those obligations set forth in this agreement; I

(f) shall not apply to, or prejudice the prosecution or defense of, any j claim or portion of claim which is not within the protection afforded under (1) the limit ofliability provisions under subsection 170e of the Atomic Energy Act of 1954, as amended, and (2) the terms of this agreement and the terms of the nuclear energy liability insurance policy or policies designated in the attachment hereto.

6. The obligations of each licensee under this agreement-shall apply only with  !

respect to nuclear incidents occurring during the term of this agreement and while such licensee remains both a licensee and a party to this  ;

agreement.

7. Upon the expiration or revocation of any license designated in item 3 of the

' Attachment, the Commission will enter into an appropriate amendment of this agreement with the licensee of the unit whose license has expired or been revoked reducing the amount of financial protection required under this Atticle; provided, that such licensee is then entitled to a reduction in the

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amount of financial prctection under applicable Commission regulations and ,

orders. I

8. With respect to any common occurrence arising out of an accident under DPR-50, or with respect to any common occurrence arising out of an accident under DPR-73 subsequent to May 1,1979, which is deterrrined by the Commission to be an " extraordinary nuclear occurrence:"

(a) If the sum of the limit ofliability of any Nuclear Energy Liability Insurance Association policy designated in item 5 of the Attachment and the limits ofliability of all other nudear energy liability insurance policies (facility form) applicable to such common occurrence and issued by Nuclear Energy Liability Insurance Association exceeds $200,000,000, the amount of financial protection specified in Itern 2a and b of the Attachment shall be deemed to be reduced by that proportion of the difference between said sum and $200,000,000 ns the limit ofliability of the Nuclear Energy Liability Insurance Association policy designated in Item 5 of the Attachment bears to the sum of the limits ofliability of all nuclear energy liability insurance policies (facility form) applicable to such common occurrence and issued by Nuclear Energy Liability Insurance Association; (b) As used in this paragraph 8, Article II, and in Article Ill,"other applicable agreements" means each other agreement entered into by the Commissien pursuant to subsection 170c of the Act in which agreement the nuc! car incident is defined as a " common occurrence." As used in this paragraph 8, Article II, "the obligations of the licensecs" means the obligations of the licensees, l

whether individuntly or jointly, under subsection 53e(8) of the Act to indemnify the United States and the Ccmmission from public liability, together with any public liability satisfied by the insurers under the policy or policies designated in the Attachment, and the reasonable costs incuired by the insurers in investigating and settling claims and defending suits for damage.

9. With respect to any common occurrence arising out of an accident under DPR-73 subsequent to May 1,1979, which is not determined by the Commission to be an " extraordinary nuclear occurrence:"

(a) If the sum of the limit ofliability of any Nuclear Energy Liability

, insurance Association policy designated in item 5 of the Attachment and the limits ofliability of all other nuclear energy liability insurance policies (facility form) applicable to such common occurrence and issued by Nuclear Energy Liability Insurance

. 8 Association exceeds $200,000,000, the amount of financial protection specified in Item 2a and b of the Attachment shall be deemed to be reduced by that proportion of the difference between said sum and $200,000,000 as the lins afliabUity of the Nuclear Energy Liability Insurance Association policy designated in Item 5 4 of the Attachment bears to the sum of the limits ofliability of all nuclear energy liability insurance policies (facility form) applicable to such common occurrence issued by Nuclear Energy Liability Insurance Association:

(b) As used in this paragraph 9, Article II, and in Article Ill, "other  !

applicable agreements" means each other agreement entered into by l the Comrnission pursuant to subsection 170c of the Act in which l agreement the nuclear incident is defined as a " common occurrence." As used in this paragraph 9, Article 11, "the obligations of the licensees" means the obligations of the licensees, whether individually or jointly, under subsection 53e(8) of the l Act to indemnify the United States and the Commission from public j liability, together with any public liability satisfied by the insurers l' under the policy or policies designated in the Attachment, and the reasonable costs ofinvestigating and settling claims and defending suits for damage.

10. The obligations of the licensees under this Article Il shall not be affected by any failure or default on the part of the Commission or the Government of the United States to fulfill any or all ofits obligations under this agreement.

Bankruptcy or insolvency of any person indemnified other than the licensees, for the estate of any person indemnified other than the licensees, shall not relieve either licensee of any of his obligations hereunder.

ARTICLE III

1. The Commission undertakes and agrees to indemnify and hold harmless the licensees and other persons indemnified, as their interest may appear, from public liability.

2. With respect to damage caused by a nuclear incident to property of any person legally liable for the nuclear incident, the Commission agrees to pay to such person those sums which such person would have been obligated to pay if such property had belonged to another; provided, that the obligation of the Commission under this paragraph 2 does not apply with respect to:

. 9 (a) Property which is located at the location described in item 4 of the Attachment, or at the location described in Item 3 of the declarations attached to any nuclear energy liability insurance policy designated in item 5 of the Attachment; (b) Property damage due to the neglect of the person indemnified to use all reasonable means to save and preserve the property after knowledge of a nuclear incident; (c) The transportir vehicles and containers used in such j transportation, it the. nuclear incident occars in the course of  !

transportation of the radioactive material-  !

l (d) The radioactive material.

3. The Commission agrees to indemnify and hold harmless the licensees and other persons indemnified as their interest may appear, from the reasonable costs ofinvestigating, settling and defending claims for public liability.

4.(a) The indemnification and hold harmless obligations of the Commission under this agreement shall apply only with respect to such public liability, such damage to property of persons legally liable for the nuclear incident I (other than such property described in the proviso to paragraph 2 of this l Article), and such reasonable costs described in paragraph 3 of this Article l as in the aggregate exceed the amount of financial protection. I (b) With respect to a common occurrence arising out of an accident under DPR-50, or with respect to any common occurrence arising out of an accident under DPR-73 subsequent to May 1,1979 which is determined by the Commission to be an " extraordinary nuclear occurrence," the indemnit'ication and hold harmless obligations of the Commission under this agreement shall apply only with respect to such public liability, such damage to property of persons legally liable for the nuclear incident (other than such property described in the proviso to paragraph 2 of this Article),

and to such reasonable costs described in paragraph 3 of this Article, as in the aggregate exceed whichever of the following is lower: (1) The sum of the amounts of financial protection established under this agreement and all other applicable agreements; or (2) an amount equal to the sum of

$200,000,000 and the amount available as secondary financial protection.

(c) Wah respect to a common occurrence arising out of an accident under DPR-73 subsequent to .May 1,1979 which is determined by the Commission not to be an " extraordinary nuclear occurrence," the obligations of the Commission under this agreement shall apply only with respect to such public liability, such damage to property of persons legally

, 10 liable for the nuclear incident (other than such property described in the proviso to paragraph 2 of this Anicle), and to such reasonable costs described in paragraph 3 of this Article, as in the aggregate exceed whichever of the following is lower: (1) The sum of the amounts of fmancial protection established under this agreement and all other applicable agreements; or (2) an amount equal to the sum of $140,000,000 and the amount available as secondary fmancial protection.

5. The obligations of the Commission under this agreement shall apply only with respect to nuclear incidents occurring during the term of this agreement.

6. The obligations of the Commission under this and all other agreements and contracts to which the Commission is a party shall not, with respect to any nuclear incident, in the aggregate exceed whichever of the following is the lowest: (a) $500,000,000; (b) $560,000,000 less the amount of financial protection required under this agreement; or (c) with respect to a common occurrence, $560,000,000 less the sum of the amounts of financial  !

protection established under this agreement and all other applicable l agreements.

7. The obligation of the Commission under this agreement, except to a defaulting licensee for damage to property of the licensee, shall not be afTected by any failure on the part of either licensee to fulfill its obligations under this agreement. Bankruptcy or insolvency of either licensee or any other person indemnified or of the estate of either licensee or any other person indemnified shall not relieve the Commission of any ofits obligations hereunder.

ARTICLE IV

1. When the Commission determines that the United States will probably be required to make indemnity payments under the provisions of this agreement, the Commission shall have the right to collaborate with the licensees and other persons indemnified in the settlement and defense of any claim (provided that no government indemnity that would otherwise be available to pay public liability claims is used for these purposes) and shall have the right (a) to require the prior approval of the Commission for the settlement or payment of any claim or action asserted against either licensee or other person indemnified for public liability or damage to property of pe ons legally liable for the nuclear incident which claim or action the licensees, either individually or jointly, or the Commission may be required to indemnify under this agreement; and (b) to appear through the Attorney General of the United States on behalf of the licensees or other person indemnified, take charge of such action and settle

, 11 or defend any such action. If the settlement or defense of any such action or claim is undertaken by the Commission, the licensees shall furnish all reasonable assistance in effecting a settlement or asserting a defense.

2. Neither this agreement nor any interest therein nor claim thereunder may be assigned or transferred without the approval of the Commission.

ARTICLE V The parties agree that they will enter into appropriate amendments of this agreement to the extent that such amendments are required pursuant to the Atomic Energy Act of 1954, as amended, or licenses, regulations or orders of the Commission.

ARTICLE VI Each licensee agrees, solely with respect to its Unit, to pay to the Commission such fees as are established by the Commission pursuant to regulations or orders of the Commission.

ARTICLE VII The term of this agreement shall commence as of the date and time specified in item 6 of the Attachment and shall terminate at the time of expiration of that license specified in item 3 of the Attachment, which is the last to expire; provided that, except as may otherwise be provided in applicable regulations or orders of the Commission, the term of this agreement shall not terminate until all the radioactive material has been removed from

the location and transportation of the radioactive material from the location has ended as defmed in subparagraph 5(b), Article 1. Termination of the term of this agreement shall

! not affect any obligation of the licensees or any obligation of the Commission under this agreement with respect to any nuclear incident occurring during the term of this l agreement.

l ARTICLE Vill l

i 1. The licensee of Unit 1 is required to have and maintain financial protection  !

in an amount specified in item 2a and b of the Attachment annexed hereto, and the amount available as secondary financial protection (in the form of private liability insurance available under an industry retrospective rating plan providing for deferred premium charges); Provided, however, that l under such a plan for deferred premium charges, such charges for each  !

nuclear reactor which is licensed to operate shall not exceed $88,095,000 with j respect to any single nuclear incident (plus any surcharge assessed under i subsection 1700.(1)(E) of the Act) nor exceed $10,000,000 per incident within I one calendar year. If the licensee of Unit I fails to pay assessed deferred c premiums, the Commission reserves the right to pay those premiums on behalf of i

. 12 the licensee and to recover the amount of such premiums from the licensee of Unit l.

2. The Commission shall require the immediate submission of financial statements by any licensee who is subject to assessment of retrospective premiums and who indicates, after an assessment of the retrospective premium by the insurance pools, that it will not pay the assessment. Such financial statements shall include, as a minimum, exhibits indicating internally generated funds from operations and accumulated retained earnings. Subsequent submission of financial statements by such licensee my be requested by the Commission, as required.

3. If premiums are paid by the Commission as provided in paragraph 1, payment by the Commission shall create a lien in the amount paid in favor of the United States upon all property and rights to property, whether real or personal, belonging to such licensee of the unit subject to such deferred premiums. The lien shall arise at the time payment is made by the Commission and shall continue until the liability for the amount (or a judgment against such licensee arising out of such liability) is satisfied or becomes unenforceable. The Commission will issue a certificate of release of any such lien ifit finds that the liability for the amount has been fully satisfied or has become legally unenforceable.

4. If the Commission determines that the licensee who has failed to pay assessed deferred premiums is financially able to reimburse the Commission for a deferred premium payment made in its behalf, and such licensee, afler notice of such determination by the Commission fails to make such reimbursement within 120 days, the Commission will take appropriate steps to suspend the license for 30 days. The Commission may take any further action as necessary if reimbursement is not made within the 30-day suspension period including, but not limited to, termination of the operating license.

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, 13 UNITED STATES NUCLEAR REGULATORY COMMISSION ATTACHMENT Indemnity Agreement No. B-64 Item 1 - Licensees

a. Metropolitan Edison Company Jersey Central Power & Light Company Pennsylvania Electric Company GPU Nuclear, Inc. '

b. AmerGen Energy Company, LLC Address t'

a. P.O. Box 542 Reading Pennsylvania 19603

b. 965 Chesterbrook Blvd Wayne, PA 19087 Item 2 - Amount of financial protection

a. $1,000,000 (From 12:01 a.m., December 11,1973,to 12 midnight, April 18,1974, inclusive)

$110,000,000 (From 12:01 a.m., April 19,1974,to 12 midnight, March 20,1975, inclusive)

$125,000,000 (From 12:01 a.m., March 21,1975, to 12 midnight, April 30,1977, inclusive)

$ 140,000,000* (From 12:01 a.m., May 1,1977, to 12 midnight, April 30,1979, inclusive) l'

$160,000,000* (From 12:01 a.m., May 1,1979, to l- 12 midnight, June 30,1989, inclusive)

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$200,000,000* (From 12:01 a.m., July 1,1989)

b. With respect to any nuclear inci.ent, the amount specified in item

.2a of this~ Attachment shall be deemed to be (i) reduced to the extent that any payment made by the inse.rer or insurers under a policy or policies specified in Item 5 of this Attachment reduces the aggregate amount of such insurance paicies below the amount specified in Item 2a and (ii) restored *.o the extent that, following such reduction, the aggregate ame.unt of such insurance policies is reinstated.

Item 3 - License number or numbers SNM-1313 (From 12:01 a.m., December 11,1973,to 12 midnight, April 18,1974, inclusive)

DPR-50 (From 12:01 a.m., April 19,1974)

SNM-1671 (From 12:01 a.m., September 28,1976 to l 12 midde,ht, Febmary 7,1976,

[ inclusive) i DPR-73 (From 12:01 a.m., February 8,1976)

Item 4- Location All of the premises including the land and all buildings and stmetures known as the Three Mile Island Nuclear Station including but not limited to Units 1 and 2. The Three Mile island Nuclear Station is located on Three Mile Island near the east shore of the Susquehanna River above York Haven Dam. The site is located approximately ten (10) miles southeast of the city of Harrisburg in Londonderry Township, Dauphin County, Pennsylvania.

Item 5- Insurance Policy No(s)

Nuclear Energy Liability Policy (Facility Form) No. NF-220 issued by Nuclear Energy Liability Insurance Association.

Item 6 - The indemnity agreement designated above, of which this Attachment is a

' part, is effective as of 12:01 a.m. on the eleventh day of December,1973.

For the United States Nuclear Regulatory Commission By

, 15 For Metropolitan Edison Company By For Jersey Central Power & Light Company By For Pennsylvania Electric Company By For GPU Nuclear, Inc.

By For AmerGen Energy Company, LLC By and, as of August 1,1977, the amount available as secondary financial protection, except that no participation in the secondary financial protection program shall be required with respect to a reactor which has been permanently shut down, and where the licensee's authority to operate the unit a; a power reactor has been removed by the Commission.

_ - _ - _ _ - _ _