ML20247K082

Forwards Amend 8 to Indemnity Agreement B-81,reflecting Revs to 10CFR140, Financial Protection Requirements & Indemnity Agreements, Increasing Liability Insurance

ML20247K082
Person / Time
Site:	Farley
Issue date:	09/15/1989
From:	Reeves E Office of Nuclear Reactor Regulation
To:	Hairston W ALABAMA POWER CO.
References
NUDOCS 8909210062
Download: ML20247K082 (4)

Text

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', Septemb::r 15, 1989 )

Docket Nos. 50-348 DISTRIBUTION 50-364 ,

'Do'ciht Ale P. Anderson l NRC & LPDRS I. Dinitz Mr. W. G. Hairston, III S. Varga OGC Senior Vice President G. Lainas E. Jordan Alabama Power Company E. Adensam B. Grimes 40 Inverness Center Parkway E. Reeves ACRS(10)

P. 0. Box 1295 PDll-1 Rdg File Birmingham, Alabama 35201

SUBJECT:

JOSEPH M. FARLEY NUCLEAR PLANT, UNITS 1 AND 2 - AMENDMENT TO l l

INDEMNITY AGREEMENT Enclosed is an amendnent 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.

i Please signify your acceptance of the amendment to your indemnity agreement ,

in the space provided and return one signed copy to the Document Control Desk, l ATTN: Ira Dinitz, Senior Insurance / Indemnity Specialist, U.S. Nuclear Regulatory i Commission, Mail Stop 12E-4, Washington, D.C. 20555. If you have any questions about the foregoing, please contact Mr. Dinitz at 301-492-1289.

Sincerely, l Edward A. Reeves, Project Manager j Division of Reactor Projects -  ;

Office of Nuclear Reactor Regulation  !

Enclosure:

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Docket Nos. 50-348, 50-364 , .

Amendment to Indemnity Acreement No. B-81 Amendment No. 8 Effective July 1, 1989, Indemnity Agreement No. B-81, between Alabama Power Company and the Nuclear Regulatory Commission, dated July 20, 1976 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.

l- 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.

1 Paragraph 1, Article I is modified to read as follows:

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

"special nucleer 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 "oublic liability" in paragraph 7, Article I is deleted, and the follcwing is substituted therefor:

"Public liability" means any legal liability arising out of or resulting from a nuclear incident or precautionary e 'cuation (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 er, 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 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.

Item 2a of the Attachment to the indemnity agreement is deleted in its entirey and the following substituted therefor:

Item 2 - Amount of financial protection

a. $1,000,000 (From12:01a.m., July 20, 1976 to 12 midnig t, June 24, 1977, inclusive

$140,000,000* (From 12:01 a.m., June 25, 1977 to-12 midnig t, April 30, 1979, inclusive

$160,000,000* (From 12:01 a.m., May 1, 1979, to 12 midnig t, June 30, 1989 inclusive

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

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION

[A . A;AL Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Progra[m irFd* nalysis Management, Staff Policy Development Office of Nuclear Reactor Regulation Accepted 1989 By Alabama Power Company

• and, as of August 1,1977, the amount available as secondary financial protection.

,m Mr. W. G. Hairston, III Alabama Power Company Joseph M. Farley Nuclear Plant cc:

Mr. R. P. Mcdonald Resident Inspector Executive Vice President U.S. Nuclear Regulatory Commission Nuclear Operations P. O. Box 24 - Route 2 Alabama Power Company Columbia, Alabama 36319 P. O. Box 1295 Birmingham, Alabama 35201 Regional Administrator, Region II U.S. Nuclear Regulatory Co.; mission Mr. B. L. Moore 101 Marietta Street, Suite 2900 Manager, Licensing Atlanta, Georgia 30323 Alabama Power Company' P. O. Box 1295 Chairman Birmingham, Alabama 35201 Houston County Commission Dothan, Alabama 36301 Mr. Louis B. Long, General Manager Southern Company Services, Inc. Claude Earl Fox, M.D.

Houston County Commission State Health Officer P. O. Box 2625 State Department of Public Health Birminoham, Alabama 35202 State Office Building Montgonergy, Alabama 36130 Mr. D. N.' Morey General Manager - Farley Nuclear Plant P. O. Box 470 Ashford, Alabama -36312 Mr. J. D. Woodward Vice-President - Nuclear farley Project' Alabama Power Company P. O. Box 1295 Birmingham, Alabama 35201 96

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