ML20211J957

Fowards Endorsements 11 & 12 to Nelia Policy NF-296 & Endorsements 1,2,3,4,5,6 & 7 to Maelu Policy MF-127

ML20211J957
Person / Time
Site:	Yankee Rowe
Issue date:	10/28/1986
From:	Vieten M MARSH & MCLENNAN, INC.
To:	Dinitz I NRC OFFICE OF STATE PROGRAMS (OSP)
References
NUDOCS 8611110523
Download: ML20211J957 (17)

Text

3 Marsh &

MGLennan M & M Nuclear Consultants 1221 Avenue of the Arneric.is New Tork, New York 100201070 1elephone 212 997-2tXX)

October 28, 1986 Mr. Ira Dinitz State & Licensee Relations Office of State Programs U.S. Nuclear Regulatory Commission Washington, D.C. 20555 New Hampshire Yankee ANI/MAELU Policies NF-296/MF-127

Dear Mr. Dinitz:

Enclosed, please find the following:

- Two certified copies each of endorsements 11 and 12 to ANI policy NF-296.

Two certified copies each of the declarations page and endorsements 1 through 7 to policy MF-127. As this is a new policy, you will note that the declarations page certifies these endorsements.

Ira, if you should have any questions, please feel free to call.

Regards, h el . Vieten Nucle onsultant MJV/gsj Enc.

cc: R. Romer - w/o enc.

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8611110523 861028 I PDR ADOCK 05000029 J PDR

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1986 i

It is agreed that Items 1 and 2 of Endorsement No. 9 are amended to read:

1. ADVANCE PREMIUM: It is agreed that the Advance Premium due the companies for the period designated above is: $ 6,977.24 . .

2. 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: $ 4.674.75 .

Additional' Premium is: $ 4,160.18 .

This is to certify that this is a true copy of the original Endorsement having the endorsement numb and being made part of the Nucht Enew I.ichhv PcEry (Fec?ti Form) as des-ignated he. on. No les' tres ader.

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John L Quatt -hi, Vice President Ijab'aty Underwriting American Nudear Insects Ef fective Date of this Endorsement October 15, 1986 To fonn a part of Policy No NF-296 12:01 A.M. Standard Time Issued to Seabrook Joint Owners Date of Issue October 16,-1986 For the subscribing companies l

l By 4 '

Ceneral Manager Endorsement No 12 Countersigned by NE-36 L. 2 _.

. i Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION INCREASE OF LIMIT OF LIABILITY ENDORSEMENT It is agreed that:

1. The ' limit of liability stated in Item 4 of the declarations of the poli;y is amended to read $ 124,000,000.00 .

This amended limit applies with respect to obligations ' assumed or expenses incurred because of bodily injury or property damage caused, during the period from the effective date of this endorsement to the date of termination of the policy, by the nuclear energy hazard.

2. The limit of liability stated in Item 4 of'the declarations and the amended limit of liability stated in paragraph 1 above shall not be cumulative, and each payment made by the '

companies after the effective date of this endorsement for any loss or expense covered by the policy shall reduce by the amount of such payment both the limit of liability stated in Item 4 of the declarations and the amended limit stated in paragraph 1 above, regardless of which limit of liability applies with respect to bodily injury or property damage out of which such loss or expense arises.

This is to certify that this is a true copy of the cri<f.nal Endersemen: having the endorvrne , number and being made part of the Nuclar Energy UcMtv Picy (Fa:Dity For .) as du-ignated hereon. No Insurance B r%rded bercun . r.

John L Quattre ce rresucnthty Undawriting Anwrean Nudar kers , :y

October 15, 1986 inis hNor er ent To form a part of Policy No NF-296 12.o1 A.M. Stancarc Time issued to SeabrOOk Joint Owners cate of issue October 16, 1986 For the su scribing ce panies e, ww

/T~ General Manager Endorsement No II Countersicned by .

MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 919 North Michigan Avenue, Chicago II, Illinois This is to certify that this is a true copy of the original Declarations being made part of the Nuclear Energy Liability Policy. Nuclear Energy Liability Policy No. MF-- 127 (Facility Form) having the number designated (Facility Form) h:reon and including Endorsements numbered 1 thr ugh 7. No insurance is afforded DECLARATIONS hercunder.

Item 1. Named Insured Seabrook Joint Owners Addres. P.O._ Box 300 Seabrook New Hampshire 03784 (No. Street Town or City State)

Item 2. Policy Period: lleginning at 12:01 A.M. on the 15th day of October , 19.8._6 ,

and continuing through the effective date of the cancelation or termination of this policy, standard time at the address of the named insured as stated herein.

Item 3. Description of the Facility:

Location, All of the premises including the land and all buildinas and structures __

located on an area approximately 896 acres on the western shore of Hamoton Harbor, on a point of land called "The Rocks." in the vicinity of two small tidal estuaries the Browns River and the Hunts Island Creek in the Townshio of Seabrook. Rockingh_am County. New Hampshire.

'This is to certify that this is a true copy of the original Endorsement hav:ng the endorsement number and being made part Typ, Power Reactor of the Nuclear Energy Liabi'ity Po!!cy (Facihty Forrp) as des-ignated hereon o Insurance is afforded hereungr.

John L Quattrocc American Nudear s The Operator of the facility r. Seabrook Joint Owners item 4. The limit of the companies' liability is $__36,000,000.0.0 _ subject to all the terms of this policy having reference thereto.

Item 5. Advance Premium $ 1,399.96 Item 6. These declarations and the schedules forming a part hereof give a complete description of the facility, insofar as it relates to the nuclear energy hazard, except as notea No_Excepj;isns Date of Issu, October 16. 1986 Countersigned by _

Authorized Representative Nue! car Energy Liability Policy (Facility Form) 2/1/57 (second Revision)

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NUCLEAR ENERGY. LIABILITY INSURANCE

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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS

/r INDUSTRY CREDIT RATING PLAN PREMIUM ENDORSEMENT t

It is agreed that Condition 1 of the policy is replaced by the following: -

CONDITION 1 PREMIUM (1) Definitions: W8.th 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 accordance with the companies' rules, rates, rating plans, (other than the Industry Credit Rating Plan), prerniums

, and minimum premiums applicable 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 Premium Endorsement

! for that calendar year;

" industry reserve premium l' for any calendar year, is the sum of the reserve premiums for that calendar year for all Nuclear Energy Liability

' Policies issued by American Nuclear Insurers and Mutual Atomic' Energy Liability Underwriters and subject to the Industry Credit Rating Plan; l' " policy refund ratio", for any calendar year, is the ratio of the named

insured's reserve premium for that calendar year to the industry reserve premtum for that calendar year; l

l " incurred losses" means the sum of:

(1) All losses and expenses paid by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters, and l (2) All reserves for unpaid losses and expenses as estimated by

[ American Nuclear Insurers and Mutual Atomic Energy j , Liability Underwriters

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because of obligations assumed and the expenses incurred in connection with such obligations by members of American Nuclear Insurers and.

Mutual Atomic Energy Liability Underwriters under all Nuclear Energy

-2, Liability Policies issued by American Nuclear Insurers and Mutual Atomic

Energy Liability Underwriters and subject to the Industry Credit Rating Plan; 1

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" reserve for refunds," at the end of any calendar year, is the amount by whiyh (1) the sum of all industry reserve premiums for the period from January 1,1957 through the end of such calendar year exceeds (2) the total for the same period.of (a) all incucced losses, valued as of the next following July 1, and (b) all reserve premium refunds made under the l Industry Credit Rating Plan by members of American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters; ,

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" industry reserve premium refund," for any calendar year, is determined by multiplying the reserve for refunds at the end of the ninth calendar year thereafter by the ratio of the industry 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 year's .thereafter, provided that the industry reserve premium refund for any calendar year shall in no event be greater than the industry

, reserve premium for such calendar year.

(2) Payment of Advance and Standard Premiums. The named insured shall pay the companies 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 Premium Endorsement for such L

calendar year issued to the named insured as soon as practicable prior to or after the beginning of such ' year.

J As soon as practicable after each December 31 and after the termination

of this policy, the standard premium for the preceding calendar year shall be finally determined and stated in the Sttndard Premium Endorse-

, ment for that calendar year. If the standard premium so determined exceeds the advance premium previously paid for such calendar year, the named insured shall pay the excess to the companies; if less, the companies shallreturn to the named insured the excess portion paid by such insured.

The named insured shall maintain records of the information necessary for premium computation and shall send copies of such records to the companies as directed, at the end of each calendar year, at the end of the policy period and at such other times during the policy period as the company may direct.

(3) Use of Reserve Premiums. All rese' rve premiums paid or payable for this policy may be used by the members of Mutual Atomic Energy t

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. - - _ . -., ---_- -. ~ . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - -

, Liability Underwriters to discharge their obligations with respect to incurred losses whether such losses are incurred under this policy or i under any other policy issued by American Nuclear Insurers or Mutual Atomic Energy Liability Underwriters.

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(4) Reserve Premium Refunds. A portion of the reserve premium for this policy for the first calendar year of any group of ten consecutive calendar years shall be returnable to the named insured 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 named insured for any calendar year shall be determined by multiplying any industry reserve premium refund for such calendar year by the policy refund ratio for such calendar year. The reserve premium refund for any calendar year shall be finally determined as soon as practicable after July 1 of the tenth calendar-year thereafter.

(6) Final Premium. The final premium for this policy shall be the sum of standard premiums for each calendar year, or portion thereof, during which this policy remains in force less the sum of all refunds of reserve premiums due the named insured under the provisions of this Condition 1.

' ' (7) Reserve Premium Refund Agreement. Each member of Mutual Atomic Energy Liability Underwriters subscribing this policy for any calendar year, or portion thereof, thereby agrees for itself, severally and not jointly, and in the respective proportion of its liability assumed under this policy for that calendar year, to return to the named insured that portion of any reserve premium refund due the named insured for that calendar year, determined in accordance with the provisions of this 4

Condition 1.

l Effective Date of To Form a Pa: t thic Endorsement October 15, 1986 of Policy No. MF-127 Incued to Seabrook Joint Owners l

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! DIts of Issue October 16,~ 1986 For the Subscribing Companies i MUTI[AL ATOMIC ENERGY LIABILIT biDERWRITERS

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BY l t , .

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! Endorsement No. I Countersigned by Authorized Representative l

ME-17

NUCLEAR ENEROY LIABILITY INSURANCE I MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS

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WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)

The named insured, acting for himself and every other insured under the policy, and the members of the Mutual Atomic Energy Liability Underwriters agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of. financial protection and which (a) arises out of or results from or occurs in the course of the construction, 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 of the insureds, including but not limited to:

~(1) negligence, (ii) contributory negligence, (iii) assumption or risk, and (iv) unforeseeable intervening causes, whether involved the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof, but in no event more than twenty years after the date of the nuclear incident.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2. The waivers set forth in paragraph 1. above do not apply to (a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear cccurrence takes place if benefits therefor are either payable or required to be provided under any workers' compensation or occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any

[- claim for wrongful death under any state law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under such law.

, 3. The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms i other than this endorsement; provided, however that with respect to bodily injury or property damage resulting from an extraordinary. nuclear occurrence, Insuring Agreement IV, " Application of Policy," shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy period by

'the nuclear energy hazard and (b),which is discovered and for which written claim is made against the insured not later than twenty years after the date of the extraordinary nuclear occurrence. Such waivers shall not apply to, or prejudice -

the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy appli. cable to tha financial protection required of the named insured; (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of'1954, as amended; and (c) the limit of liability provisions of Subsection 170 e. of the Atomic Energy Act of 1954 as amended.

Such waivers shall not preclude a defense based upon the failure of the claimant to take reasonable steps to mitigate damages.

4. Subject to all of the ' limitations stated in this endorsement and in the Atomic

Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury or property' damage to which the policy applies as proof of financial protection.

5. As used herein: . " extraordinary nuclear occurrence" means an event which the i Nuclear Regulatory Connission has determined to be an extraordinary nuclear occurrencs as defined in the Atomic Energy Act of 1954, as amended. " financial protection" and " nuclear incident" have meanings given them in the Atomic Energy Act of 1954, as amended. " claimant" means the person or organization actually sustaining the l bodily injury or property damage and also include his assignees, legal represen-tatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

Efective Date of October 15, 1986 To fann a part this Endorsement af Policy No. MF-127 y ,, Seabrook Joint Owners Date of Issue. October 16, 1986 For the Subscribing Companies M TUAL ATOMIC ENERGY LIABILITY ERWRITERS ByM s b I ^

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2 Endorsement No. Countersigned by

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ME-33a

NUCLEAR ENERGY LIABILITY INSURANCE

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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS

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r Supplemen~tary Endorsement Waiver of Defenses

- Reactor Construction at the Facility It is agreed that in construing the application of paragraph 2 (b) of the Waiver of Defenses Endorsement with respect to an extraordinary nuclear occurrence occurring at the facility, a claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating 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 claimant is employed exclusively in' connection with the construction of a nuclear reactor, including all related equipment and installations at the facility, and

.(2) no operating license has been issued by the Nuclear Regulatory Commission with respect to the nuclear reactor, and

. (3) the claimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility.

Effective Date of To Fo rm a Pa rt this Endorsement October 15, 1986 of Policy No. MF-127 1

Issued to Seabrook Joint Owners Date October 16, 1986-For the Subscribing Companies Mutupt Atomic Energy Liability Underw hers n er /

By (1 y C ,fh8c+ va

/ ./A, Endo rsement No. 3 Countersigned by __

Authorized Representative

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' NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS

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ADVANCE PREMIUM ENDORSEMENT and STANDARD PREMIUM ENDORSEMENT Calendar Year 1986 '

1. ADVANCE PREMIUM It is agreed that the Advance Premium due the companies for the calendar year designated above is $ 1.399.96 .

2 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 and Reserve Premium are:

Standard Premium $ 1,399.96 .

Reserve Premium $ 937.97 .

Effective Date of To form a part this Endorsement  ;.0ctober 15,1986 of Policy No. MF-127 Icoued to Seabrook Joint Owners

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Date of Issue October 16, 1986 t

For the Subscribing Companies HITTU L ATOMIC ENERGY LIABILITY UNDER ITERS By G ,

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vy v r Endorsement No. 4_ Countersigned by AlfrHORIZED REPRESENTATIVE ME-41

Nuclear Energy Liability Insurance

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Mutual Atomic Energy Liability Underwriters AMENDATORY ENDORSEMENT (Indemnified Nuclear Facility)

It is agreed that:

I. In Insuring Agreement III, " DEFINITIONS" A. The first sentence of the definition of " nuclear facility" is amended to rend:

" nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or by Mutual Atmic Energy Lia-bility Underwriters.

B. The definition.of " indemnified nuclear facility" is replaced by the following:

" indemnified nuclear facility" means (1) "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or by Mutual Atmic Energy Liability Underwriters, or (2) any other nuclear f acility, if financial protection is required pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, with respect to any activities or operations conducted thereat C. Solely with respect to an " insured shipment" to which this policy applies as proof of financial protection required by the Nuclear Regulatory Commission, Subdivision (2) of the definition of " nuclear energy hazard" is amended to reads (2) the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of trans-portation, including the handling and temporary storage inci-

' dental thereto, within (a) the territorial limits of the United States of America, its territories or possessions, or Puerto Ricos or

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(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 ME-59 Page 1 of 4 (1/1/82)

7 (b) transportation for the purpose of going to any other s (cont) country, state or nation, except a deviation in the course of said transportation for the purpose of going to or leturning 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 shipnent of source material, special nuclear material, spent fuel or waste, or tailings or wastes pro-duced by the extraction or concentration of uranium or thoritas fra 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 transpor-

, tation of the material is not by predetermination to be inter-rupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its transportation, or (2) fra the facility 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 claim is made against the insured, not later than ten years after the end of the policy period.

III. Condition 2 is replaced by the following:

i 2 INSPECTION; SUSPENSION The empanies shall at any time be permitted but not obligated to inspect the facility and.all operati'ons relat-ing 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 any company who is a member of Mutual Atmic Energy Reinsurance Pool. If a representative of the capanies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hazard, a representa-tive of the capanies may request that such condition be corrected without delay. In the event of non-ccepliance with such request, a representative of the companies may, by notice to the named in-sured, to any other person or organization considered by the cm -

panies to be responsible for the continuation of such dangerous condition, and to the United States Nuclear Regulatory Ccemission, 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 Cm -

mission receives such notice. The period of such suspension shall

( terminate as of the time stated in a written notice fra the cm- r panies to the- named insured and to each such person or organization that such condition has been corrected.

ME-59 Page 2 of 4 (1/1/82)..

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(" Neither the right to make such inspections and examinations nor the making thereof nor any advice or report resulting therefrom I shall constitute an undertaking, on behalf of or for the benefit of the insured or others, to determine or warrant that such fa-cility or operations aretsafe or healthful, or are in empliance with any law, rule or regulaticn. In consideration of the issu-ance or continuation of this policy, the insured agrees that nei-ther the companies nor. any persons or organizations making such inspections or examinations on their behalf shall be liable.with respect to injury to or destruction of property at the facility, or any consequential loss or expense resulting therefr m , or any loss resulting from interruption of business _or manufacture, aris-ing out of the making of or a failure to make any such inspection or examination, or any report thereon, or any such suspension of

, insurance, but this provision does not limit the contractual ob-

' ligations of the companies under this policy or any policy afford-ing the insured property -insurance through any company who is a

, manber of Mutual Atomic Energy Reinsurance Pool.

IV. Condition 4 is replaced by the following:

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4 LIMITATION,OF LIABILITY; COtWON OCCURRENCE Any occurrence or series of occurrences resulting in bodily injury or property damage arising out of the radioactive, toxic, explosive or other hazardous proper-ties 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 fa-cilities insured under any Nuclear Energy Liability Policy (Facility Form) issued by Mutual Atomic Energy Liability Underwriters, or l (b) source material, special nuclear material, spent fuel, waste, i

I or tailings or wastes produced by the extraction or ciancen-tration of uranium or thorium from any ore processed primarily i

for its source material content in the course of transportation j

i for which insurance is afforded under this policy and also aris-ling out of such properties of other source material, special nuclear material, spent fuel, waste, or tailings or wastes pro-duced by the extraction or_ concentration of uranium or thorium frcst 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 (Fa-

j. cility Form) issued by Mutue.1 Atomic Energy Liability Underwriters, i

l shall be deemed to be a ccamon 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 k.

aggregate liability of the members of the Mutual Atomic Energy Lia-bility Underwriters under all Nuclear Energy Liability Policies.(Fa-cility Form), including this policy, applicable to such eceanon occur-rence shall be the sum of the limits of liability of all such policies, I

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! ME-59 Page 3 of 4 (1/1/82)

[ the limit of liability of each such policy being as determined by Condition 3 thereof, but in no event shall such total aggregate liability of such members exceed $36,000,0003 (2) the total liability of the companies under this policy shall ndt exceed that proportion of the total aggregate liability of the members of Mutual Atomic Energy

. Liability _ Underwriters, .as istated in clause (1) above, which (a) the liait of liability of this policy, as determined by Condition 3, bears to.(b) the sum of the limits of liability of all such policies issued by such members, the limit of liability of each such policy being as - '

determined by Condition '3 thereof.

The provisions of this condition shall not operate to increase the limit of the companies' liability under this policy.

, V. The second paragraph of Condition 12, "0THER INSURANCE", is amended to reads t'

If the insured has other valid and collectible insurance (other than such concurrent insurance or any other nuclear energy liability in-l surance issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters to any person or organi-zation) applicable to loss or expense 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 en-ployed 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 the course of his employment shall be primary insurance under such other insurance.

VI. Paragraph (c) of Condition 16, " COMPANY REPRESENTATION", is amended to read:

D (c) Mutual Atomic Energy Liability Underwriters is the agent of the. capanies l 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 One East Wacker Drive, Chicago, Illinois 60601, with the same force and effect as if given directly to ~

l the capanies. Any requests, demands or agreements made by such agent shall be deemed to have been made directly by the companies.

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Effective Date of To Form a Part This Endorsement October 15, 1986 of Policy No, MF-127 12:01 A.M. Standard Time l

l Issued to Seabrook Joint Owners l

l Date of Issue October 16, 1986 For the Subscribing Companies By l

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Endorsement No. 5 Countersigned by ME-59 Page 4 of.4 (1/1/82)

NUCLEAR ENERGY LIABILITY INSURANCE

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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDMENT OF DEFINITION OF INSURED (Tennessee Valley Authority)

It is agreed that regardless of the provisions of the second paragraph of Insuring Agreement II, part (b) of the Definition of Insured includes 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.

I Effective Date of To form a part this Endorsement - October 15, 1986 of Policy No MF-127 l

Issue to Seabrook Joint Owners Date of Issua October 16, 1986 For the Subscribing Companies ML UAL ATOMIC ENERGY LIABILITY U 'j)ERWit!TERS n- , ~ . - . .

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Endoraement No. 6 t:oun tersigneil. by ..

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i NUCLEAR INERGY LIABILITY INSURANCE

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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS '

SUBSCRIBING COMPANIES AND THEIR PROPORTIONATE LIABILITY ENDORSEMENT Calendar Yea: 1986

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It is agreed that with respect to bodily injury or property damage caused, during the effective parlod of this endorsement, by the nuclear energy hazard:

a. The word "conpanies" wherever used in the poIIcy means the subscribing conpanies listed below,

b. The policy shall be binding on such ccrnpanies only,

c. Each such ccnpany shall be liable for its proportion of any obilgation assuned or expense Incurred under the policy because of such bodily injury or property damage as designated below.

2. It is' agreed that the effective period of this endorsement is from the beginning of the effective date of this endorsement stated below to the effective date that another " Changes in Subscribing Ccrnpanies And In Their Proportionate Liability Endorsement" changes the Canpanies and/or their proportions as IIsted in this endorsement, or to the time of the termination or cancellation of the poIIcy, if sooner.

Liberty Mutual Insurance Company 50%

Lutermen's Mutual Casualty Conpany 50%

Effective Date of To form a part this Endorsement October 15. 1986 of Policy No AF-127 Issue to Seabrook Joint Owners Date of Insu. october 16. 1986 i

For the Subscribing Companies M

UAL ATOMIC ENERGY LIAy,ILITY U ERWRITERS By y

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Endorsement No. Countersigned by

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AUTHORIZED RaretstMTArtve

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