ML20247R568

Forwards Amend 4 to Indemnity Agreement B-92,reflecting Changes to 10CFR140, Financial Protection Requirements & Indemnity Agreements, for Signature

ML20247R568
Person / Time
Site:	Waterford
Issue date:	09/21/1989
From:	Wigginton D Office of Nuclear Reactor Regulation
To:	Dewease J LOUISIANA POWER & LIGHT CO.
References
NUDOCS 8910020002
Download: ML20247R568 (5)

Text

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. .. September 21, 1989

' Dock'et No. 50-382 Mr. J. G. Dewease Senior Vice President - Nuclear Operations Louisiana Power ard Light Company Post Office Box 60340 i New Orleans, Louisiana 70160

SUBJECT:

WATERFORD STEAM ELECTRIC STATION, UNIT 3 - AMENDMENT TO INDEMNITY AGREEMENT Enclosed is an amendment to ycur incemnity 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 ccpy 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/

David L. Wigginton, 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: l See next page /

DISTRIBUTION Docket File A NRC PDR Local PDR PD4 Reading G. Holahan F. Hebdon P. Noonan D. Wigginton 0GC-Rockville E. Jordan B. Grimes ACRS (10)

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September 21, 1989 Docket No. 50-382

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l Mr. J. G. Dewease

~ Ser.ior Vice President - Nuclear Operations Lcuisiana Power and Light Company

. Post Office Box 60340 New Orleans, Louisiana 70160

SUBJECT:

WATERFORD STEAM ELECTRIC STATION, UNIT 3 - AMENDMENT TO IhTEENITY AGREEMENT Enclosed is an en.erdrier.t tc ycur 1rcetianty 6sreerrent reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements and Iridemnity Agreements,"

effective JulyL1, 1989. The-amendn.ents to Part 140 reflect the increase from

$160 'aillion to $200 million in the priraary layer of nuclear energy liability insurance provided by An.erican t;uclear Insurers and Mutual Atorr.ic Energy Liabilit)

Underwriters. The amendments 'also cerforra to changes made to the Price-Anderson Act by "The Price-Ancerson Amendments Act of 1988," which was enacted on August 20, 1988.-

Please signify your acceptanct of the amendment to your inceranity agreement in the Lp.4ce provided and retcrn the signed ccpy 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 questiers about the foregoing, please contact tir. Dinitz at 301-492-1265.

Sincerely,

(  :

Davi L. Wig 1. ten Frcject hanbgr Project Directorate IV Division of Reactor Projects - III, IV, V anc Special Projects Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indesiniity Agree wnt cc w/coclosure:

See next page

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'Mr. Jerrold G. Dewease Waterford 3 Louisiana Power & Light Company cC:

W. Malcolm Stevenson, Esq. Regional Administrator, Region.IV Monroe & Leman- U.S. Nuclear Regulatory Comission i 201 St. Charles Avenue, Suite 3300 Office of Executive Director for New Orleans, Louisiana 70170-3300 Operations 611 Ryan Plaza Drive, Suite 1000 Mr. E. Blake Arlington, Texas 76011 Shaw, Pittman, Potts & Trowbridge.

2300 N Street, NW Mr. William H. Spell, Administrator Washington, D.C. 20037 Nuclear Energy Division Office of Environmental Affairs L Resident Inspector /Waterford NPS Post Office Box 14690 1 Post Office Box 822 Baton Rouge, Louisiana 70898 Killona, Louisiar.a 70066 i Pr. Ralph T. Lally President, Police Jury Manager of Ci,tl1ty Assurance St. Charles Parish Middle South Services, Inc. Hahnville, Louisiana 70057 Post Office Box 61000 New Orleans, Louisiana 70161 Chairman William A. Cross Louisiana Public Service Cornission Bethesda Licensing Office One American Place Suite 1630 3 Metro Center Baton Rouge, Louisiana 70825-1697 Suite 610 Bethesda, Maryland 20814 Mr. R. F. Burski Nuclear Safety ar.d Regulatory Affairs Manager Leuisiana Power & Light Company 317 Baronne Street New Orlear.r., Louisiana 70112

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p Docket No. 50-382 Amendment to Indemnity Agreement No. B-92 Amendment No. 4 Effective July 1, 1989, Indemnity Agreement No. B-92, between Louisiana Power and. Light Company and the Nuclear Regulatory Commission dated February 9,1983 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 oiven 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 of persons indemnified who are employed (a) at the' location or, if the nuclear i incident occurs in the course of transportation of the radioactive material, on l 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.

i- Paragraph 4(c),ArticleIIisrevisedtoreadasfollows:

l (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.

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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., February 9,1983, to 12 midnight, December 17, 1984, inclusive) ,

$160,000,000* (From12:01a.m., December 18, 1984, 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 C - M O . 0 6 (r e n : : ;

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 Louisiana Power and Light Company

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

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