ML20247N842

Forwards Amend 9 to Indemnity Agreement B-82,reflecting Rev to 10CFR140,increasing Primary Layer of Nuclear Energy Liability Insurance

ML20247N842
Person / Time
Site:	Sequoyah
Issue date:	09/14/1989
From:	Black S Office of Nuclear Reactor Regulation
To:	Kingsley O TENNESSEE VALLEY AUTHORITY
References
NUDOCS 8909260313
Download: ML20247N842 (4)

Text

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September 14, 1989 Docket Nos. 50-327 and Distribution LWatson JDonohew and 50-328 rm Docket t11er

" NRC PDR SGrimes CRossi Local PDR EJordan 5(NReading DHag6n Mr. Oliver D. Kingsley, Jr. DCrutchfield TMeek(g)

Senior Vice President, Nuclear Power TQuay WJones Tennessee Valley Authority BDLiaw EButcher 6N 38A Lookout Place RPierson ACRS(10) 1101 Market Street SBlack GPA/PA Chattanooga, Tennessee 37402-2801 OGC GPA/CA BWilson ARM /LFMB

SUBJECT:

SEQUOYAH NUCLEAR PLANT, UNITS 1 AND 2 - 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 Nuc1 car 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.

Since.ely, Original signed by Suzanne Black, Assistant Director for Projects TVA Projects Division Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity OM Agreement , ,

cc w/ enclosure:

See next page 8909260313 890914 PDR ADOCK 05000327 g PNU n

Uf :h PM :TVA:AD/P  :

NAME :J ew:as :SBlack/  :  :  :  :  :

DATE:9/g89 :9//y/89 OFFICIAL RECORD COPY

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Mr. Oliver D. Kingsley, Jr. l cc:

General Counsel Mr. kenneth M. Jenison Tennessee Valley Authority Senior Resident Inspector 400 West Summit Hill Drive Sequoyah Nuclear Plant ET 11B 33H U.S. Nuclear Regulatory Commission Knoxville, Tennessee 37902 2600 Igou Ferry Road Soddy Daisy, Tennessee 37379 Mr. F. L. Moreadith Vice President, Nuclear Engineering Mr. Michael H. Mobley, Director Tennessee Valley Authority Division of Radiological Health 400 West Summit Hill Drive T.E.R.R.A. Building, 6th Floor WT 12A 12A 150 9th Avenue North Knoxville, Tennessee 37902 Nashville, Tennessee 37219-5404 Dr. Mark 0. Medford Dr. Henry Myers, Science Advisor Vice President and Nuclear Committee on Interior Technical Director and Insular Affairs Tennessee Valley Authority U.S. House of Representatives 6N 38A Lookout Place Washington, D.C. 20515 Chattanooga, Tennessee 37402-2801 Tennessee Valley Authority Manager, Nuclear Licensing Rockville Office and Regulatory Affairs 11923 Rockville Pike Tennessee Valley Authority Suite 402 SN 157B Lookout Place Rockville, Maryland 20852 Chattanooga, Tennessee 37402-2801 Mr. John L. LaPoint Site Director Sequoyah Nuclear Plant Tennessee Valley Authority P. O. Box 2000 Soddy Daisy, Tennessee 37379 Mr. M. Burzynski Site Licensing Manager Sequoyah Nuclear Plant P. O. Box 2000 Soddy Daisy, Tennessee 37379 County Judge Hamilton County Courthouse Chattanooga, Tennessee 37402 Regional Administrator, Region II U.S. Nuclear Regulatory Commission 101 Marietta Street, N.W.

Atlanta, Georgia 30323 1

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. ,- o UNITED STATES

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7, tj NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555

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Locket Nos. 50-327, 50-328 l

Amendment to Indannity Ag~reement i o. B-82 i

Eenifrie~n't' ho. 9 Effective July 1,1989, Irder.nity Agreernent No. B-82, between Tennessee Valley Authority, and the Nuclear Regulatcry Comissicn, dated March 25, 1977 as an. ended, is hereby further ananded as follows:

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

The amount "$12a,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 arnount "$45,000,000" is substituted therefor.

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

1. "f?uclear reactor," " byproduct material," "persen," " source material,"

"special nuclear material," and " precautionary evacuation" shall have the roeanirgs given them in the Atomic Energy Act of 19E4, 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:

"Fublic 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) clairrs under State or Federal 1.'orkmen's Corrpensatien Acts of employees of persons inden.nified who are employed (a) at the location or, if the nuclear incident occurs in the course of transportation of the radioactive inaterial, on the transporting vehicle, and (b) in coniection 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 possessico, use, or transfer of the radioactive material, cod (b) if the nuclear incident occurs in the ccurse 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 cn any statute of limitations if suit is instituted within three years frorn the date on which the clairnant first knew, or reasonably could have known, of his injury or damage arid the cause thereof.

2 In paragraph 1, Article VIII, the anount "$5,000,000" is deleted and the amount "$63,000,000" is substituted therefor.

Item 2a of the Attachm(nt to the ir:demnity agreement is deleted in its entirey and the following' substituted therefor:

Item 2 - Anount of financial protection

a. $1,000,000 (From 12:01 a.m., March 25, 1977 to 12 n.idnig t, February 28, 1980, inclusive

$160,000,000* (From 12:01 a.m., February 29, 1980, 12 midnig t, Jure 30, 1989 inclusive

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

FOR TliE UNITED $1ATES NUCLEAR REGULATORY CONMISSION W A hh- ^; .^ ~2 ^

Cecil 0. Thomas, Chief Policy Development ar.d Technical Support Branch Program f*anagement, Policy Development and Analysis Staff j Office of Nuclear Reactor Regulation Accepted ,,,,,,,,_, 1989 By '

Tennessee Valley fu^th'o'r'ity l

~

• and, as oflugust 3,1977, the amount availtble as secondary financial protection.

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