ML20247Q636

Forwards Amend 8 to Indemnity Agreement B-67,reflecting Changes to 10CFR140, Financial Protection Requirements & Indemnity Agreements

ML20247Q636
Person / Time
Site:	Fort Calhoun
Issue date:	09/21/1989
From:	Bournia A Office of Nuclear Reactor Regulation
To:	Morris K OMAHA PUBLIC POWER DISTRICT
References
NUDOCS 8909290051
Download: ML20247Q636 (6)

Text

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September 21, 1989 Docket No. 50-285 Mr. Kenneth J. Morris Division Manager - Nuclear Operations Omaha Public Power District 1623 Harney Street Omaha, Nebraska 68102

SUBJECT:

FORT CALH0UN STATION - AMENDMENT TO INDEMNITY AGREEMENT Enclosed is sa 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 o. 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/

Anthony Bournia, Project Manager Project Directorate IV Division of Reactor Projects - III, 4 IV, V and Special Projects Office of Nuclear Reactor Regulation n

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Enclosure:

NES Amendment to Indemnity

$8 Agreement cc w/ enclosure:

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-September 21, 1989 k'

p, Docket No. 50-285 L> "Mr. Kenneth J. Morris l

Divisicn Manager - Nuclear. Operations Omaha Public Power District

.1623 Harney Street

- Omaha, Nebraska 68102

Dear Mr. Morris:

St4 JECT: FORT CALHOUN STATION - AMENDMENT TO INDEMNITY AGREEMENT Enclost.d is an amendment to your indemnity agreement reflecting the changes to

'10 CFR Part 140, " Financial Protection Requirements and Inderanity 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 l insurance provided by American huclear Insurers and Mutual Atomic Energy Liability j Underwriters. The amendments alsc cenform 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 amencment to your inden'nity agreement  ;

in the space provided and return one signed copy to the Document Control-Desk, l ATTN: Ira Dinitz, Senior. Insurance / Indemnity Specialist, U.S. Nuclear Regulatory  :

Consnission, Mail Stop 12E-4, Washington, D.C. 20555. If you have any questions about the foregoing,-please cor tact Mr. Diritz at 301-492-1289.  ;

Sincerely, j urs e.uj du - -

Anthony Bournia, Project Manager Project Directorate IV  :

Division of Reactor Projects - III, I IV, V and Special Projects Office of Nuclear Reactor Regulation  ;

Enclosure:

' Amendment to Incemnity i Agreement i

cc w/ enclosure:  !

See next page  !

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- Mr. KennethLJ. Morris: Fort Calhcor. Station. l

, - Orr.aha Public Power District Unit No. 1 p

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- Harry H. .-Voigt : Esq.

. LeBoeuf, Lamb,<teiby & MacRae l 3333 New Hampshire Avenue. NW Washington, D.C. 20036

[' 'Mr. Jack. Jensen,' Chairrrsn Washington County Board-

, .cf Supervisors Blair, Nebraska 68006

' Mr.4Phillip Harrell, Resident Inspector

[ U.S._ Nuclear REguletory Commission

- P. O. Box 309 4:i Fcrt Calnt.u, liebraska LEC23 1

Mr. Charles S. ' Brinkman,' Manager-z Washington Nuclear Operations Combustion Engir.eering, Inc.

12300 Twinbrook Parkway, Suite 330 Rockv111e',,MD ~20852

- Regional Administrator, Region IV U.S. ' huclear Regulatory Commission

' Office of Executive Director for~0perations

- 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 Harold Borchert. Director Division of. Radiological Health

_ Department.of Health

- 301. Centennial Mall, South P.O. Box 95007

. Lincoln, Nebraska 68509 Mr. G. R. Peterson, Manager Fort Cal _houn Station P. O. Box'399.

Fort Calhoun, Nebraska 68023 L

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p it cd 'o "g UNITED STATES

[' g, NUCLEAR REGULATORY COMMISSION

,;; aE WASHINGTON, D. C. 20555

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Docket No. 50-285 Amendment to Indemnity Agreement No. B-67 Amendment No. 8 Effective July 1, 1989, Indemnity Agreement No. B-67, between Omaha Public Power District and the Atomic Energy Commission, dated January 24, 1973, 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," "sotree material,"

"special nuclear material," and " precautionary acuation" shall 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 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 ofpersonsindemnifiedwhoareemployed(a)atthelocationor,ifthenuclear 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.

'V 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., January 24, 1973, to 12 midnig t, May 23, 1973, inclusive

$95,000,000 (From 12:01 a.m.,itay 24, 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 midnight, 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 b0 W Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation I

• and, as of August 1,1977, the amount available as secondary financial protecticn.

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