ML20247Q607

Forwards Amend 11 to Indemnity Agreement B-57,reflecting Changes to 10CFR140, Financial Protection Requirements & Indemnity Agreements, for Signature

ML20247Q607
Person / Time
Site:	Cooper
Issue date:	09/21/1989
From:	Oconnor P Office of Nuclear Reactor Regulation
To:	Trevors G NEBRASKA PUBLIC POWER DISTRICT
References
NUDOCS 8909290043
Download: ML20247Q607 (6)

Text

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. September 21, 1989

~

Docket No. 50-298 Mr. George A. Trevors, Division Manager - Nuclear Support Nebraska Public Power District Post Office Box 499 Colunbus, Nebraska 68601-0499

SUBJECT:

COOPER NUCLEAR STATION - AMENDMENT TO INDEMNITY AGREEl'.ENT Enclosed is an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements,"

effecthe 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 Frice-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/

Paul W. O'Connor, Project Manager Project Directorate IV Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement cc w/ enclosure:

See next page @

DISTRIBUTION Docket File NRC PDR Local PDR PD4 Reading G. Holahan F. Hebdon P. Noonan P. O'Connor 0GC-Rockville E. Jordan

8. Grimes ACRS (10) PD4 Plant File OFC :PD4/L :PD4/PM :PD4/D  :  :  :  :

NAME :PNoonan :P0'Connor :FHebdon  :  :  : .

DATE:09$89 :09/p/89 :09/3l/89  :  :  :  :

0FFICIAL RECORD COPY Document Name: COOPER LTR 9909250043 890921 PDR ADOCK 05000298 d PDC

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<h necg fy UNITED STATES E o NUCLEAR REGULATORY COMMISS10N a;. 2 p WA SHINGTON, Q. C. 20555 k., ...../ _

September 21, 1989 Docket No. S0-298 Mr. George A. Trevers, Division Manager - Nuclear Support Nebraska Public Power District Post Office Box 499 Columbus, Nebraska 68601-0499

SUBJECT:

COOPER NUCLEAR STATION - AMENDMENT TO INDEMNITY AGREEMENT Enc 1csed is an amer.dment to your indemnity agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements and Incen.nity Agreements,"

effective Juiy 1, 1989. TM amendments to Part 140 reflect the increase from

$160 million to $200 million in the primary layer of nuclear energy liability ir.surence provided by American Nuclear Insurers and Mutual Atomic Energy Liability bunrwr ite rs. The amendmer.ts also conf orm to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988," which was enacted on August 20, 1986.

Please signify your acceptar.ce ci the amer.dnent to your ir. den.r.ity agrecrent in the space provided and return one signed copy to the Document Control Desk, ATTH: Ira Dinitt, 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,

) ,

. i,y^

Paul W. O'Connor, Project Manager Project Directorate IV Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement cc w/ enclosure:

See next page

y .t

$r.G'eorgeA.'Trevers Nebraska Public Power District . Cooper Nuclear Station.

Cc:

Mr. G. D. Watson, General Counsel-

' Nebraska Public Power District -

.P. 0. Box 499!

Columbus, Nebraska 68601 Cooper. Nuclear Station ATTN: .Mr.. Guy R. Horn, Division Manager of Nuclear Operations P. 0. Box 98 Brownville, Nebraska 68321 Dennis Grams, Director.

hebraska Department of Environmental Control-P. O. Box 98922 Lincoln, Nebraska 68509-8922 Mr. Larry Bohlken, Chairman

.htmaha County . Board cf. Commissioners Nemaha County Courthouse

'1824 N Street Auburn, Nebraska 68305 Senior Resident Inspector 1 C.S. Nuclear Regulatory Commission P. D. Box 218 Brownville, Nebraska 68321 Regional Administrator, Region IV U.S. Nuclear . Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 Arlingtrn, Texas 76011 Mr. Harold Borchart, Director Division of Rtldiological Health Department of Health 301 Centennial Mall, South P. O. Boy 95007 Lincoln, Nebraska 68509-5007 l

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_ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ____J

g>3 EICg i' , [0g UNITED STATES

[ [ p, NUCLEAR REGULATORY COMMISSION

$ ;j WASHINGTON,0. C. 20555

....+

/

Docket No. 50-298 Amendment to Indemnity Agreement No. B-57 i

Amendment No. 11 Effective July 1,1989, Indeinnity Agreerant No. B-57, between Nebraska Public Power District, and the Atomic Energy Conission, dated November 4,1971, as amended, is hereby further amended as follows:

l 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 appetrs 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 Energy Act of 1954, as amended, and the regulations issued by the Conmission.

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 resultino frcn a nucicar incident or precautionary evacuation (incluaing 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 (I) claims uncer-State or Federal Workmen's Compensation Acts of employees of persons ir.demnified who are employed (a) at the location or, if the nuclear incider.t 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 licenree'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 hnev, or reesonably could have known, of his injury or damace and the cause therecf.

. i 2

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 4, 1971, to 12 midnight, January 17, 1974, inclusive)

$95,000,000 (From 12:01 a.m., January 18, 1974, to 12 midnig t, February 28, 1974, inclusive 5110,000,000 (From12:01a.m., March 1,1974,to 12 midnig t, March 20, 1975, inclusive

$125,000,000 (From 12:01 a.m., March 21, 1975, to 12 midnight, April 30, 1977 inclusive)

$140,000,000* (From 12:01 a.m., May 1, 1977, to 32 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 1200,000,000* (From 12:01 a.m., July 1, 1989 )

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION 0d40. W:::=: -

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

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

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k' Accepted ,1989 i

I By i Nebraska Public Power District D

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