ML20247L084

Forwards Amend 8 to Indemnity Agreement B-54.Amend Increases Primary Layer of Nuclear Energy Liability Insurance Provided by ANI & Maelu

ML20247L084
Person / Time
Site:	Crystal River
Issue date:	09/18/1989
From:	Berkow H Office of Nuclear Reactor Regulation
To:	Wilgus W FLORIDA POWER CORP.
References
NUDOCS 8909220111
Download: ML20247L084 (5)

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September 18, 1989 Docket No. 50-302r Distribution:

Docket File,

M. Rood "NRC'&~ Local PDRs I. Dinitz

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Mr. W. S. Wilgus S. Varga 0GC (info. only)

Vice President, Nuclear Operations G. Lainas E. Jordan Flcrida Power Corporation H. Berkow B. Grimes Attn: Manager, Nuclear Operations Licensing H. Silver ACRS (10)

P.O. Box 219-NA-2I G. Wunder PDII-2 R/F Crystal' River, Florida 32629

SUBJECT:

CRYSTAL RIVER, UNIT 3 - AMENDMENT TO INDEMNITY AGREEMENT Enclosed is 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 the Document Control Desk, ATTN:

Ira Dinitz, Senior Insurance / Indemnity Specialist, U.S. Nuclear Regulatory 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,

Orignal signed b Herbert N. Berkow,yDirector Project Directorate 11-2 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement for Crystal River Unit 3 cc w/ enclosure:

See next page DFo/

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Mr. W. S. Wilgus Crystal River Unit No. 3 Nuclear-1 Florida Power Corporation Generating Plant cc:

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Mr. A. H. Stephens State Planning and Development 1

General Counsel _

Clearinghouse Florida Power Corporation Office of Planning and Budget L MAC - A5D Executive Office of the Governor P. O. Box 14042 The Capitol Building St Petersburg, Florida 33733 Tallahassee, Florida 32301 Mr. P. ' F. McKee, Director Chairman Nuclear; Plant Operations Board of County Commissioners Florida Power Corporation Citrus County P. O. Box 219-NA-2C 110. North Apopka Avenue Crystal River Florida.32629 Inverness, Florida 32650 Mr. Robert B. Borsum Mr. Rolf C. Widell, Director Babcock & Wilcox Nuclear Operations Site Support Nuclear Power Generation Division Florida Power Corporation 1700 Rockville Pike, Suite 525 P.O. Box 219-NA-21 Rockville, Maryland 20852 Crystal River, Florida 32629 Senior Resident Inspector Mr. Gary L. Boldt Crystal River Unit 3 Vice President, Nuclear Production U.S. Nuclear Regulatory Commission Florida Power Corporation 15760 West Powerline Street P. O. Box 219-SA-2C Crystal River, Florida 32629 Crystal River, Florida 32629 Regional Administrator, Regica II U.S. Nuclear Regulatory Commission 101 Marietta Street N.W., Suite 2900 Atlanta,. Georgia 30323 Mr. Jacob Daniel Nash Office of Radiation Control Department of Health and Rehabilitative Services 1317 Winewood Blvd.

Tallahassee, Florida 32399-0700 Administrator Department of Environmental Regulation Power Plant Siting Section State of Florida 2600 Blair Stone Road Tallahassee, Florida 32301 Attorney General Department of Legal Affairs The Capitol Tallahassee, Florida 32304

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Docket No. 50-302 Amendment to Indemnity Agreement l'o. B-34

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7sTe~n~dise~n't No. 8 Effective July 1,1989, Indemnity Agreement l'o. B-54, between Florida Power Corporation, City of Alachua, City of Bushnell, City of Gainsville, City of Leesburg, City of New Smyrna Beach and Utilities Comission, City of Ocala, Orlando Utilities Comission and City of Criando, Sebring Utilities Comission, seminole Electric Cooperative, Inc., City cf Tallahassee, and the Atomic Energy Cemission dated June 20, 1973 as amended, is hereby further amended as fo11cws:

The aucunt "$160,000,00C* is deleted wherever it appears and the amount "$200,000,000" is substituted therefor.

The amount "$124,000,00C" is deleted wherever it appears and the amcunt "$155,000,000" is substituted therefor.

The amount "$36,000,000" is deleted wherever it appears and the accur.t "$45,000,000" is substituted therefor.

Paragraph 1, Article I is recdified to read as folicws:

1.

" Nuclear reacter," 'bypt oduc.t r.aterial," " person," "scurce material,"

"special ruclear n.aterial," and " precautionary evacuation" shall have the r. ear.ings given them in the Atcmic Erergy Act of 1954, as amended, and the resulaticos issued by the Cctireission.

The tcf f r it ki. c." " the liability" in paragraph 7, Article I is deicteo, cnd the folicwing is substituted therefer:

"Fublic liability" neans ai;y legal liability arisir.g cut of or resultir.5 from e ruc10ar it.cident or precautict. cry evacuation (inclucir.g til reascrable additional costs incurred by a Stcte er a pc11tical subdivisicr. cf a State, in the ccurse cr respcoding to a nuclear incident or precautionary evacuatien),

except (1) claims under State or Federal Ucrbren's Corspensation / cts of er.:picyees cf persens indemnified who are empicyst ( -) at the locaticr. (<r, if the rucleer incidut occurs in the course of transrcrtation cf the radioactive material, cr.

the transporting vehicle, and (b) in connecticn with the licensee's PCssession, use or trensfer of the radioactive taterful; (2) claims arising cut cf an act of war; and (3) claits for loss of, cr catage tc, or loss of use cf (a) prcperty which is 1ccated at the location and used in ccroectich with the licensee's pcssession, use, or transfer of the rac'ioactive caterial, and (b) if the nuclear incider,t cccurs in the ccurse of trir:.pcytaticr. cf the radicactiu naterial, the trarisporting vehicle, ccr. tainers used in such trarsportatien, and the radioactive material.

Peragraph 4(c), Article II is revised to read as fclicws:

(c) Iny issue or defense based en any statute of limitations if suit is instituted within three years fron, the date on which the claimant first krew, or reascnably could have known, cf his irdury or damage and the cause thereof.

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,_r v' o.- <q a 't7v; g j In para raph~ 1, Article VIII, the amount "$5,000,000" is deleted and the-amountg$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 (From 12:01 a.m., June 20, 1973 to ' 12 midnig t, December 2, 1976 -inclusive.. 5125,000,000 (From 12:01 a.m., December 3, 1976, to 12 midnight, April 30, 1977 inclusive) $140,000,000* (From12:01a.m.,MayI',1977,to 12 midnight, April 30,'1979 inclusive) $160,000,000* (from 12:01 a'.m., May 1, 1979, to 12 midnight, June 30, 1989 inclusive) $200,000,000* (From 12:01 a.m., July 1,1989) FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION 8-f,_- Cecil 0. Thomas, Chief Policy Development and Technical. Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted , 1989 Accepted ,_,,,_, 1989 ITty of Alachua llty of bushn'elT ~ l

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

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my y '3 H;! f ' Q q u e., c.9% "..' (b y::: @3i% %a,: 3 s ? gg ' Accepted' - 1989 Accepted,,_ , 1989 h E - By - By - g . City. of Gainesville - City of Leesburg. 1. -Accepted _, 1989 Accepted. ,[1989 - By-By:t'ity of Oca}a F. City of. New Srqyihi'Bedch 1 'and Utilities-Accepted ~ 1989. Accepted ,1989 y . DrTando UtTITtTes comission. TeFr'ihg utilities.comission and City of Orlando Accepted 1989 Accepted 1989 M inole Electric Cooperative, Clly of Tallah'a's's'e'e' ~ Inc... .c - -. - - - - - - - - - - - - - -}}