ML20247J815
| ML20247J815 | |
| Person / Time | |
|---|---|
| Site: | 07002917, 07002941 |
| Issue date: | 09/12/1989 |
| From: | Bidinger G NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Gridley R TENNESSEE VALLEY AUTHORITY |
| References | |
| NUDOCS 8909210009 | |
| Download: ML20247J815 (5) | |
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SEP 121989 Docket Nos. 70-2917 L70-2941 License Nos. SNM-1865
'SNM-1883 Tennessee Valley' Authority ATTN:.Nr. 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 o
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.
Sincerely, MMb George H. Bidinger, Section Leader Uranium Fuel Section Fuel Cycle Safety Branch Division of Industrial and Medical Nuclear Safety, NMSS
Enclosure:
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Docket Nos. 70-2917, 70-2941 Amendment to Indemnity Agreement No. B-89 Amendment No. 3 Effective July-1,1989, Indemnity Agreement No. B-89 between Tennessee Valley Authority, and the Nuclear Regulatory Commission dated January 30, 1980, 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.
"Fuclear 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 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 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 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, and the radioactive material.
Paragraph 4(c), Article II is 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 damage end the cause thereof.
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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. NUCLEAR REGULATORY COMMISSION b$0W
";Aff Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management Policy Development and Analysis Staff Offict: Nuclear Reactor Regulation Accepted
, 1989 By Tennessee Valley Authority
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Docket Hos. 70-2917, 70-2941 Amendment to Indemnity Agreement No. B-89 Amendment No. 3 Effective July 1, 1989, Indemnity Agreement No. B-89 between Tennessee Valley Authority, and the Nuclear Regulatory Commission dated January 30, 1980,.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 therefer.
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 Comission.
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 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 incident occurs in the course of transportation of the radioactive material, on the transporting vehicle, and (b) in connection with the ifcensee'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, and the radioactive material.
Paragraph 4(c), Article II is 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 damage and the cause thereof.
2 In paragraph 1, Article VIII, the amount "$5,000,000" is deleted and the l~
amount "$63,000,000" is substituted therefor.
FOR THE U.S. NUCLEAR REGULATORY COMMISSION
(,4gQ, t Yn _ - u-Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management Policy Development and Analysis Staff-Office Nuclear Reactor Regulation Accepted 1989 By Tennessee Valley Authority
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