ML20247H067
| ML20247H067 | |
| Person / Time | |
|---|---|
| Site: | 07002928, 07002910 |
| Issue date: | 09/14/1989 |
| From: | Bidinger G NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Gridley R TENNESSEE VALLEY AUTHORITY |
| References | |
| NUDOCS 8909190207 | |
| Download: ML20247H067 (5) | |
Text
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SEP 141989 Docket Nos. 70-2910 70 2928 License Nos. SNM-1861 SNM-1G73 Tennessee Valley Authority ATTN: Mr. R. L. Gridley, Manager Nuclear Licensing and Regulatory Affairs SN 157B Lookout Place Chattanooga, Tennessee 37402-2801 Gentlemen:
We are enclosing herewith an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements," effective July 1,1989. The amendments to Part 140 reflect the increase from $160 million to $200 million in the primary layer of nuclear energy liability insurance provided by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters. The amendments also conform to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988" which was enacted on August 20, 1988.
Please signify your acceptance of the amendment to your indemnity agreement in the space provided and return one signed copy to Ira Dinitz, Senior Insurance /
Indemnity Specialist, U. S. Nuclear Regulatory Commission, Mail Stop 12E-4, Washington, D.C. 20555. If your have any questions about the foregoing, please contact Mr. Dinitz at 301-492-1289.
1 Sincerely, originalSened Br !
George H. Bidinger, Section Leader Uranium Fuel Section Fuel Cycle Safety Branch Division of Industrial and Medical Nuclear Safety, HMSS ,
Enclosure:
Amendment to Indemnity Agreement i Distribution w/encls !
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Docket Nos. 50-390, 50-391 Amendment to Indemnity Agreement No. B-88 Amendment No. 3 Effective July 1, 1989, Indemnity Agreement No. B-88 between Tennessee Valley Authority, and the Nuclear Regulatory Commission dated September 5,1979, as amended, is hereby further amended as follows:
The amount "$160,000,000" is deleted wherever it appears and the amount "$200,000,000" is substituted therefor.
The amount "$124,000,000" is deleted wherever it appears and the amount "$155,000,000" is substituted therefor.
The amount "$36,000,000" is deleted wherever it appears and the amount "$45,000,000" is substituted therefor.
Paragraph 1, Article I is modified to read as follows:
- 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 regulations issued by the Commission.
The definition of "public liability" in paragraph 7, Article I is deleted, and the following is substituted therefor:
"Public liability" means any legal liability arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable additional costs ir. curred 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 under State or Federal Workmen's Compensation Acts of employees of persons indemnified who are employed (a) at the location or, if the nuclear l incident occurs in the course of transportation of the radioactive material, on the transporting vehicle, and (b) in connection with the 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, er damage to, or loss of use of (a) property which is located at the location and used in connection with the licensee's possession, use, or transfer of the radioactive material, and (b) if the nuclear incident occurs in the course of transportation of the radioactive material, the transporting vehicle, containers used in such transportation, and the radioactive material.
Paragraph 4(c), Article II is revised to read as follows:
(c) Any issue or defense bas ~ed 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. injury or damage and the cause thereof.
2 In paragraph 1, Article VIII, the amount "$5,000,000" is deleted and the amount "$63,000,000" is substituted therefor.
FOR THE U.S. ?!UCLEAR RECULATORY C0Mit!SSION
%'4 0. 08,;= :
Cecil 0. Thomas, Chief l Policy Development and Technical Support Branch '
Program Management Policy Development and Analysis Staff Office Nuclear Reactor Regulation '
i Accepted ,1989 By Tennessee Valley Authority
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Docket Nos. 50-390, 50-391 Amendment to Indemnity Agreement No. B-88 trendment No. 3 Effective July 1,1989, Indemnity Agreement No. B-88 between Tennessee Valley Authority, and the Nuclear Regulatory Comission dated September 5,1979, as amended, is hereby further amended as follows:
The a' mount "$160,000,000" is deleted wherever it appears and the amount "$200,000,000" is substituted therefor.
The amount "$124,000,000" is deleted wherever it app' ors and the amount "$155,000,000" is substituted therefor.
The amount "'36,000,000" is deleted wherever it appears and the amount "$45,000,000" is substituted therefor.
Paragraph 1, Article I is modified to read as follows:
l 1. " Nuclear reactor," " byproduct material," " person," " source material,"
"special nuclear material," and " precautionary evacuation" shall have the meanings aiven them in the Atomic Energy Act of 1954, as' amen ed, and the regulations issued by the Commission.
The definition of "public liability" in paragraph 7, Article I is deleted, and the following is substituted therefor:
"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 politiu l subdivision of a State, in the course or responding to a nuclear incident or precautionary evacuation),
except (1) claims under State or Federal Workmen's Compensation Acts of employees of persons indemnified who are employed (a) at the location or, if the nuclear incioent occurs in the course of transportation of the radioactive material, on the transporting vehicle, and (h) in connection with the 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 the licensee's possession, use, or transfer of the radioactive material, and (b) if the nuclear incident occurs in the course of transportation of the radioactive material, the transporting vehicle, containers used in such transportation, i
and the radioactive material.
Paragraph 4(c), Article 11 1s revised to read as follows:
~
) (c) 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 injury or dmage and the cause thereof.
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' In paragraph 1. Article VIII, the amount "$5,000,000" is deleted and the amount "$63,000,000" is substituted therefor.
i FOR THE U.S. NUCLEAR REGULATORY C0fil11SSION fu'ff O.
Cecil 0. homas, Chief i
i Policy Development and Technical. Support Branch l
Program Management Policy Development ,
and Analysis Staff :
Office Nuclear Reactor Regulation 1
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Accepted , 1989 By !
Tennessee Valley Authority i
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