ML20247R478
| ML20247R478 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 09/20/1989 |
| From: | Tam P Office of Nuclear Reactor Regulation |
| To: | Sieber J DUQUESNE LIGHT CO. |
| References | |
| NUDOCS 8909290262 | |
| Download: ML20247R478 (20) | |
Text
_
September 20, 1989 Docket No. 50-412 Mr. J. D. Sieber, Vice President Nuclear Group Duquesne Light Company Post Office Box 4 Shippingport, Pennsylvania 15077
Dear Mr. Sieber:
SUBJECT:
BEAVER VALLEY 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 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 Comission, 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/
Peter S. Tam, Senior Project Manager Project Directorate I-4 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation
Enclosure:
Amendment to Indemnity Agreement cc w/ enclosure:
See next page PFof
[INDEMITY LTRS PDI-4]
.. DISTRIBUTION
- Docket File. '
NRC & Local PDRs Plant File S. Varga (14E4)
B. Boger (14A2)
S. Norris OGC E. Jordan (MNBB 3302)
B. Grimes (9A2)
ACRS (10)
P. Tam Ira Dinitz LA: DI-4 PM:PDI-4 P-I-4 SN ris PTam:lm j'(
JStb 09/20/89 09/4(/8 09/g/
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Mr. J. Sieber-Beaver Valley Power Station Duquesne Light Company Units 1 & P l
l cc:
Jay E. Silberg, Esquire Bureau of Radiation Protection i-Shaw, Pittman, Potts and Trowbridge Pennsylvania Department of 2300 N Street, N.W.
Environmental Resources Washington, DC 20037 ATTN:
R. Janati Post Office Box 2063 Kenny Grada, Manager Harrisburg, Pennsylvania 17120 Nuclear Safety Duquesne Light Company Mayor of the Borrough of P. O. Box 4 Shippingport Shippingport, Pennsylvania 15077 Post Office Box 3 Shippingport, Pennsylvania 15077 John A. Lee, Esquire Ashley C. Schannauer Duquesne Light Company Assistant City Solicitor One Oxford Centre City of Pittsburgh 301 Grant Street 313 City-County Building Pittsburgh, Pennsylvania 15279 Pittsburgh, Pennsylvania 15219 Commissioner Roy M.. Smith Regional Administrator, Region I West Virginia Department of Labor U.S. Nuclear Regulatory Commission
' Building 3, Room 319 475 Allendale Road Capitol Complex King of Prussia, Pennsylvania 19406 Charleston, WV 25305 John D. Borrows Resident Inspector Director, Utilities Department U.S. Nuclear Regulatory Commission Public Utilities Commission Post Office Box 181 180 East Broad Street Shippingport, Pennsylvania 15077 Columbus, Ohio 43266-0573 Director, Pennsylvania Emergency Management Agency Post Office Box 3321 Harrisburg, Pennsylvania 17105-3321 Mr. J. D. Sieber, Vice President Nuclear Grou)
Duquesne Ligit Company Post Office Box 4 Shippingport, Pennsylvania 15077 a
- g UNITED STATES '
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W ASHitJGTON, D. C. 20555 k....,/
L Docket Nos. 50-334 50-412 Amendment to Indemnity Agreement No.-B-73 Amendment No. 12 Effective July 1,1989, Indemnity Agreement No. B-73, between Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, Cleveland Electric Illuminating Company and The Toledo Edison Company and the Atomic Energy Commission, dated August 12, 1974 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 "$124,000,000" is deleted wherever it appears and the amount "$'.55,000,000" 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 Energy Act of 1954, 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:
"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 dcmage and the cause thereof.
L..
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., August 12, 1974, to 12 midnig t, January 29, 1976.
inclusive
$125,000,000 (From 12:01 a.m.,, January 30, 1976, to 12 midnig t, April 30, 1977 inclusive
$140,000,000*
(From 12:01 a.m., May 1, 1977, to 12 midnight, 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 WA h.
^;.^.^T P Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted 1989 Accepted
, 1989 By By Duquesene Light Company Ohio Edison Company l
- and, as of August 1,1977, the amount available as secondary financial protection.
.e'.
3-Accepted
, 1989 Accepted.
, 1989 i-1
.By -
By Pennsylvania Power Company Cleveland Electric Illuminating Company Accepted
, 1989 3y The Toledo Edison Company
_ _ _. _. _ _ - - - - - - - - - - - - - ~ - - - - - - - - ~
k UNITED STATES
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7, -
NUCLEAR REGULATORY COMMISSION j
WASHINGTON, D. C. 20555 7,
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%...../
1 4
i Docket Nos. 50-334 50-412 Amendment to Indemnity Agreement No. B-73 Amendment No. 12 Effective July 1, 1989, Indemnity Agreement No. B-73, between Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, Cleveland Electric Illuminating Company and The Toledo Edison Company and the Atomic Energy Commission, dated Atgust 12, 1974 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 t.iterial," and " precautionary evacuation" shall have the meanings giver them in the Atomic Energy Act of 1954, as amended, I
and the regulatior.s issued by the Commission.
l The definition of "public liability" in paragraph 7, Artic7e 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 aeditional costs incurred by a State or a political sut, division of a State, I
in the course or responding to a nuclear incident or precautionary evacuation),
l 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 i
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.
l.
1 2
l l
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 i
a.
$1,000,000 (From 12:01 a.m., August 12, 1974, to 12 midnig t, January 29, 1976, inclusive
$125,000,000 (From 12:01 a.m., January 30, 1976, to 12 midnig t, April 30, 1977 inclusive
$140,000,000*
(From 12:01 a.m., May 1, 1977, to 12 midnight, 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 A 4 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 Accepted
, 1989 by By Duquesene LigIit Company Ohio Edison Company
- and, as of August 1,1977, the amount available as secondary financial protection.
a
.i
- ^ '
'3
'~
Accepted 1989 Accepted
,=1989 l
- By :
By Pennsylvania Power Company _
Cleveland Electric
-Illuminating Company Accepted
,1989 By-The Toledo Edison Company.
i,,
UNITED STATES g
NUCLEAR REGULATORY COMMISSION 3
.j-WASHINGTON, D. C. 20555
%..../
l.
Docket Nos. 50-334 L
50-412 Amendment to Indemnity Agreement No. B-73 Amendment No. 12 Effective July 1, 1989, Indemnity Agreement No. B-73, between Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, Cleveland Electric Illuminating Company and The Toledo Edison Company and the Atomic Energy Commission, dated August 12, 1974 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 end 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 Energy Act of 1954, as amended, 6nd 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, centainers 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.
l
_____________________Q
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., August 12, 1974, to 12 midnig t, January 29, 1976, inclusive 5125,000,000 (From 12:01 a.m., January 30, 1976, to 12 midnig t, April 30, 1977 inclusive
$140,000,000*
(From 12:01 a.m., May 1, 1977, to 12 midnight, 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 C0ftMISSION
[.
Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted
, 1989 Accepted
, 1989 By By,
Duquesene Light Company Ohio Edison Company
- and, as of August 1,1977, the amount available as secondary financial protection.
3
-Accepted
., 1989 Accepted 1989 By By.
Pennsylvania Power Company Cleveland Electric Illuminating Company
. Accepted
, 1989 l
I By.
The Toledo Edison Company i
I i
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g UNITED STATES E
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WASHINGTON, D. C. 20555
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Docket Nos. 50-334 50-412 Amendment to Indemnity Agreement No. B-73 Amendment No. 12 Effective July 1, 1989, Indemnity Agreement No. B-73, between Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, Cleveland Electric Illuminating Company and The Toledo Edison Company and the Atomic Energy Commission, dated August 12, 1974 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 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:
"Pubile 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 tran3fer of the radioactive material; (2) claims arising out of an act l
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 l
and the cause thereof.
1 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 (From12:01a.m., August 12, 1974, to 12 midnig t, January 29, 1976, inclusive
$125,000,000 (From 12:01 a.m., January 30, 1976, 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 UNITE 0 STATES NUCLEAR REGULATORY C0f1 MISSION c%igo. %w Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor P.egulation Accepted
, 1989 Accepted
,1989 By By Duquesene Lig'nt Company Ohio Edison Company
- and, as of August 1,1977, the amount available as secondary financial protection.
-.3-
-7 3
Accepted
., 1989 Accepted
, 1989 By By Pennsylvania Power Company Cleveland Electric Illuminating Company Accepted
, 1989 By
' The Toledo Edison Company
[p u%'o, UNITED STATES
~%
NUCLEAR REGULATORY COMMISSION
{
WASHINGTON, D. C. 20555
\\...**/
Docket Nos. 50-334 50-412 Amendment to Indemnity Agreement No. B-73 Amendment No. 12 Effective July 1,1989, Indemnity Agreement No. B-73, between Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, Cleveland Electric j
Illuminating Company and The Toledo Edison Company and the Atomic Energy Commission, dated August 12, 1974 as amended, is hereby further amended as follows:
j i
The amount "$160,000,000" is deleted wherever it appears and l
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.
I Paragraph 1, Article I is modified to read as follows:
1 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, i
and the regulations issued by the Commission.
The definition of "public liability" in paragraph 7, Article I is deleted, 1
hnd the following is substituted therefor:
"Public liability" means any legal liability arising out of cr resulting frcm nuclear incident or precautionary evacuation (including 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 inaterial, 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) proonty which is located at the location and used in connection with the licensc<'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.
1 Paragraph 4(c), Article II is revised to read as follows:
Ic) 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.
[
f*
[g>3 MC fg UNITED STATES g
NUCLEAR REGULATORY COMMISSION r,
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WASHINGTON, D. C,20555 l-
\\,...../
Docket Nos. 50-334 50-412 Amndment to Indemnity Agreement No. B-73 Amendment No. 12 Effective July 1,1989, Indemnity Agreement No. B-73, between Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, Cleveland Electric Illuminating Company and The Toledo Edison Company and the Atomic Energy Commission, dated August 12, 1974 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 Energy Act of 1954, as amenced, 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 er 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 l
nuclear incident occurs in the course of transportation of the radioactive material, the transporting vehicle, containers used in such transportation, and the radioactive material.
l Paragraph 4(c), Article 11 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 i
first knew, or reasonably could have known, of his injury or damage and the cause thereof.
~
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., August 12, 1974, to 12 midnig t, January 29, 1976, inclusive
$125,000,000 (From 12:01 a.m., January 30, 1976, 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
$200,000,000*
(From 12:01 a.m., July 1, 1989)
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION
&kh.
- C" Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted
, 1989 Accepted
,1989 By By Duquesene Light Company Ohio Edison Company
- and, as of August 1,1977, the amount available as secondary financial protection.
3 Accepted
. 1989 Accepted
,1989 By By Pennsylvania Power Company _
Cleveland Electric Illuminating Company Accepted
, 1989 By The Toledo Edison Company
p asa.
Y
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UNITED STATES W
j
g NUCLEAR REGULATORY COMMISSION s
7, j
WASHINGTON, D. C. 20555
~
p$
Docket Nos. 50-334 50-412
' Amendment to Indemnity Agreement No. B-73 Amendment No. 12 Effective July 1,1989, Indemnity Agreement No. B-73, between Duquesne Light Company, Ohio Edison Company, Pennsylvania Power Company, Cleveland Electric Illuminating Company and The Toledo Edison Company and the Atomic Energy Commission, dated August 12, 1974 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 Energy Act of 1954, 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:
"Public liability" means any legal liability arising out of or resulting from a nuclear incident or precautionary evacuation (including all reascrable additional costs incurred by a State or a political subdivision of a State, in the course or responding to a nuclear incident or precautionary evicuation),
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 i
i of war; and (3) claims for loss of, or damage to, or loss of use of (a) property l
which is located at the location and used in connection with the licensee's l;
possession, use, or transfer of the radioactive material, and (b) if the I
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 l
and the cause thereof.
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 I
and the following substituted therefor:
Item 2 - Amount of financial protection a.
$1,000,000 (From 12:01 a.m., August 12, 1974, to 12 midnight, January 29, 1976, inclusive)
$125,000,000 (From 12:01 a.m., January 30, 1976, 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 5160,000,000*
(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
/
A 0.
^ ;* 'f Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted
, 1989 Accepted
, 1989 By By Duquesene Light Company Ohio Edison Company
- and, as of August 1,1977, the amount available as secondary financial protection.
p
..i,
h-l
-3 l.
l Accepted 1989 Accepted
,1989
~
7--
By '
By Pennsylvania _ Power Company Cleveland Electr1c.
Illuminating Company
. Accepted
, 1989 By The Toledo Edison Company
- _ - - _ _ __-___- ____ _-_ -