ML20247N957

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Forwards Amend 15 to Indemnity Agreement B-52,reflecting Rev of 10CFR140, Financial Protection Requirements & Indemnity Agreements. Amend Reflects Increase from $160 to $200 Million in Primary Layer of Nuclear Energy Insurance
ML20247N957
Person / Time
Site: Browns Ferry  Tennessee Valley Authority icon.png
Issue date: 09/15/1989
From: Black S
Office of Nuclear Reactor Regulation
To: Kingsley O
TENNESSEE VALLEY AUTHORITY
References
NUDOCS 8909260348
Download: ML20247N957 (6)


Text

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  • September 15 1989 0

Docket Nos.- 50-259/50-260 Distribution and 50-296 R5eBEEETTTe7 WSlittle GGears NRC PDR BGrimes DMoran Local PDR EJordan TDaniels BFN Reading.

DHagan NMarkisohn.

Mr. Oliver D. Kingsley, Jr.

DCrutchfield TMeek(12)

~ 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

Dear Mr. Kingsley:

SUBJECT:

BROWNS FERRY. NUCLEAR PLANT, UNITS 1, 2 AND - 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, Original signed by Suzanne Black, Assistant Director for Projects TVA Projects Division Office of Nuclear Reactor Regulation l

Enclosure:

60I Amendment to Indemnity Agreement Ift cc w/ enclosure:

See next page OFC :NRR:TVA/FM :TVA:AD/P


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9/l[/89 0FFICIAL RECORD COPY 89o9260348 890915 3

PDR ADOCK 05000259 j

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i Mr. Oliver D. Kingsley, Jr. c; J

cc:

General Counsel-Chairman, Limestone County Commission Tennessee Valley Authority P. O. Box 188 400 West Summit Hill Drive Athens, Alabama 35611 ET 118 33H Knoxville, Tennessee 37902 Claude Earl Fox, M.D.

State Health Officer Mr. F. L. Moreadith State Department of Public Health Vice President, Nuclear Engineering State Office Building Tennessee Valley Authority Montgomery, Alabama 36130 400 West Summit Hill Drive WT 12A 12A Regional Administrator, Region II Knoxville, Tennessee 37902 U.S. Nuclear Regulatory Commission 101 Marietta Street, N.W.

Dr. Mark 0. Medford Atlanta, Georgia 30323 Vice President and Nuclear Technical Director Mr. Danny Carpenter Tennessee Valley Authority Senior Resident Inspector 6N 38A Lookout Place Browns Ferry Nuclear Plant Chattanooga, Tennessee 37402-2801 U.S. Nuclear Regulatory Commission Route 12, Box 637 Manager, Nuclear Licensing Athens, Alabama 35611 and Regulatory Affairs Tennessee Valley Authority Dr. Henry Myers, Science Advisor SN 1578 Lookout Place Committee on Interior Chattanooga, Tennessee 37402-2801 and Insular Affairs U.S. House of Representatives Mr. O. J. Zeringue Washington, D.C.

20515 Site Director Browns. Ferry Nuclear Plant Tennessee Valley Authority Tennessee Valley Authority Rockville Office P. O. Box 2000 11921 Rockville Pike Decatur, Alabama 35602 Suite 402 Rockville, Maryland 20852 Mr. P. Carier Site Licensing Manager Browns Ferry Nuclear Plant Tennessee Valley Authority P. O. Box 2000 Decatur, Alabama 35602 Mr. G. Campbell Plant Manager Browns Ferry Nuclear Plant Tennessee Valley Authority P. 0. Box 2000 Decatur, Alabama 35602

nMnuqk UNITED STATES f

p, NUCLEAR REGULATORY COMMISSION 5

j, WASHINGTON, D. C. 20553 A...../

Docket Nos. 50-259, 50-260, 50-296 Amendment to Indemnity Agreement No. B-52 Amendment No. 15 Effective July 1,1989, Indemnity Agreement No. B-52 between Tennessee Valley Authority and the Atomic Energy Commission dated November 8, 1971, 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 atuount "$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" snall 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 nuclear incident or precautionary evacuation (inclucing all reasonable a

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, ard (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 reasonab'ly could have known, of his injury or damage and the cause thereof.

t-

1 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, 1971, to 12 midnig t, June 25, 1973, inclusive

$95,000,000 (From 12:01 a.m., June 26 1973, to 12 midnig t, February 28, 1974, inclusive

$110,000,000 (From12:01a.m., March 1,1974,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

$ 0-

^?n%^

Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation

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

~

3 Accepted 1989 By Tennessee Valley Authority 1

l(

l L'

September 15, 1989 Docket Nos. 50-259/50-260 Distribution l

and 50-296 Docket M le WSlittle GGears l

NRC PDR BGrimes DMoran Local PDR EJordan TDaniels BFN Reading DHagan NMarkisoh' Mr. Oliver D. Kingsley, Jr.

DCrutchfield TMeek(12)

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

Dear Mr. Kingsley:

SUBJECT:

BROWNS FERRY NUCLEAR PLANT, UNITS 1, 2 AND - 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, Original signed by Suzanne Black, Assistant Director for Projects TVA Projects Division Office of Nuclear Reactor Regulation m

Enclosure:

Amendment to Indemnity Agreement cc w/ enclosure:

See next page FC :NRR:TVA/PM :TVA: AD/P.

y......

NAME :G

as
SBlack -

DATE :9/ /9

9/pl/89 OFFICIAL RECORD COPY

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