ML20247N894
| ML20247N894 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear |
| Issue date: | 09/21/1989 |
| From: | Craig Harbuck, Poslusny C Office of Nuclear Reactor Regulation |
| To: | Tison Campbell ARKANSAS POWER & LIGHT CO. |
| References | |
| NUDOCS 8909260335 | |
| Download: ML20247N894 (5) | |
Text
,___ _ _ _ - _ - _ _ _ _ -
September 21, 1989 Qocket*Nos. 50-313 and 50-368 Mr. T. Cene Campbell Vice President, Nuclear Arkansas Power and Light Company P. O. Box 551 Little Rock, Arkansas 72203
Dear Mr. Campbell:
SUBJEC'l: ARKANSAS NUCLEAR ONE, UNITS 1 AND 2 - AMENDMENT TO INDEMNITY AGREEMENT Enclosed is an amendn.ent 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 te 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,
/s/
C. Craig Harbuck, Project Manager Project Directorate IV Division of Reactor Projects _ III, IV, V and Special Projects Office of Nuclear Reactor Regulation l
/s/
Chester Poslusny, Jr., Project Manager Project Directorate IV l
Division of Reactor Projects - III, g
IV, V and Special Projects no Office of Nuclear Reactor Regulation
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Enclosure:
lGo Amendment to Ir.demnity I me Agreement
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DISTRIBUTION SR Docket File NRC PDR Local PDR PD4 Reading G. Holahan F. Hebdon P. Noonan C. Harbuck C. Poslusn OGC-Rockville E. Jordan B. Grimes ACRS (10) y PD4 Plant File
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I September 21, 1989 Locket Nos. 50-313 and 50-368-Mr. T. Gene Campbell Vice President, Nuclear l-Arkansas Power and Light Company P. O. Box 551 Little Rock, Arkansas 72203 I
Dear Mr. Campbell:
SUBJECT:
ARKANSAS NUCLEAR ONE, UNITS 1 AND 2 - AMENDMENT TO INCEMNITY AGREEMENT Enclosed is an amencment to ywr ir.dernity 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 $200 million in the primary layer of nuclear energy liability insurance provioed by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters. The amendments also conform to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988," which was enacted on August 20, 1988.
Please signify your acceptance of the amendment to your indemnity agreement in the. space provided and return one signed copy to the Document Centrol Desk, ATiti:
Ira Dinitz, Senior Insurance / Indemnity Specialist, U.S. Nuclear Regulatory Commission, Mail Stop 12E-4, Washington, D.C.
20555.
If you have any questier.s about the foregoing, please contact Mr. Dinitz at 301-492-1289.
Sincerely, hakn 0$M?Q C. Craig Harbuck, Project Manager Project Directorate IV Division of Reactor Projects - III, IV, Y and Special Projects Office of Nuclear Reactor Regulation L
0* f.
Chester Poslusny, Project Manager Project Directorate IV Division of Reactor Projects - III, IV, Y and Special Projects Office of Nuclear Reactor Regulation
Enclosure:
Amendment to Incanity Agreement I
cc w/er, closure:
See next page
e-Mr. T. Gene Campbell Arkanses Nuclear One Arkansas Power & Light Company Unit Nos. I and 2 cc:
Mr. Early Ewing, General Manager Mr. Charles B. Brinkman, Manager Technical Support and Assessnent Washington Nuclear Operations Arkansas Nuclear One Combustion Engineering, Inc.
P. O. Box 608 12300 Twinbrook Parkway, Suite 330 Russellville, Arkansas 72801 Rockville, Maryland 20852 Mr. Niel Carns, Director Nuclear.0perations Honorable Joe W. Phillips Arkansas Nuclear One County Judge of Pope County P. O. Box 608 Pope County Courthouse Russellville, Arkansas 72801 Russellville, Arkansas 72801 Nicholas S. Reynolos, Esq.
Bishop, Cock, Purcell
& Reynolds 1400 L Street, N.W.
Washington, D.C.
20005-3502 Regional Administrator, Region IV U.S. Nuclear Regulatory Commissicn Office of Executive Cirector for Operations 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Senior Resident Inspector U.S. huclear Regulatory Ccmmission
) Nuclear Plant Road Russellville, Arkansas 72801 Ms. Greta Dicus, Director Division of Environmental Health Protection L
Arkansas Department of Health 4815 West Markam Street Little Rock, Arkansas 72201 Mr. Robert B. Borsum Babcock & Wilcox Nuclear Power Generation Division l.
Suite 220 L
1700 Rockville Pike, Suite 525 Rockville, Maryland 20852
,.i UNITED STATES
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g NUCLEAR REGULATORY COMMISSION 5
'j W ASHINGTON, D. C. 20555 T....+/
Docket Nos. 50-313 50-368 Amendment to Indemnity Agreement No. B-65 Amendment No. 10 Effective July 1,1989, Indemnity Agreement No. B-65, between Arkansas Power and Light Company and the Atomic Energy Commission, dated November 8,1972, 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 Erergy Act of 1954, as amer.ded, 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 and the cause thereof.
E.
2 i
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 (From 12:01 a.m., November 8, 1972 to 12 midnight, May 20, 1974
)
inclusive)
$110,000,000 (From 12:01 a.m., May 21, 1974 to 12 midnig t, March 20, 1975, inclusive
$125,000,000 (From12:01a.m., March 21, 1975, to 12 midnig t, April 30, 1977 inclusive
$140,000,000*
(From 12:01 a.m., May 1, 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 Gs& O.W=
Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted
,1989 By Arkansas Power and Light Co.
- and, as of August 1,1977, the amount available as secondary financial protection.
_ _ _ _ _ _ _ - _