ML20248C053

Forwards Amend 4 to Indemnity Agreement B-87,reflecting Changes to 10CFR140.Amend Reflect Increase in Primary Layer of Nuclear Energy Liability Insurance Provided by ANI & Maelu

ML20248C053
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	09/26/1989
From:	Brown S Office of Nuclear Reactor Regulation
To:	Steiger W LONG ISLAND LIGHTING CO.
References
NUDOCS 8910030357
Download: ML20248C053 (6)

Text

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September 26, 1989 Docket No.: 50-322 Mr. William E. Steiger, Jr.

Assistant Vice President-Nuclear Operations Long Island Lighting Company Shoreham Nuclear Power Station P. 0. Bcx 618, North Country Road Wading River,- New York 11792

SUBJECT:

AMENDMENT TO INDEMNITY AGREEMENT RE: SH0REHAM NUCLEAR POWER STATION 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 et 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, _

/S/

Stewart W. Brown, Project Manager Project Directorate I-2 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement OFoi cc w/ enclosure:

See next page

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. September 26, 1989 Docket No.: 50-322 Mr. William E. Steiger, Jr.

Assistant Vice President-Nuclear

! Operations i

Long Island Lighting Company Shoreham Nuclear Power Station P. O. Box 618, North Country Road Wading River, New York 11792

Dear Mr. Steiger:

l

SUBJECT:

AMENDMENT TO INDEMNITY AGREEMENT l

l RE: SHOREHAM NUCLEAR POWER STATION l

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 1ayer 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 Commission, Mail Stop 12E-4, Washington, D.C. , Specialist, 20555. U.S.any If you have Nuclear Regulatory questions about the foregoing, please contact Mr. Dinitz at 301-492-1289.

Sincerely, Stewart W. Brown, Project Manager j Project Directorate I~2  ;

Division of Reactor Projects I/II '

Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity i Agreement cc w/ enclosure:

See next page a_____-________. __

.- i Mr. William E. Steiger, Jr. Shoreham Nuclear Power Station  %

Long Island Lighting Company cc:

Victor A. Staffieri, Esq. MHB Technical Associates General Counsel 1723 Hamilton Avenue Long Island Lighting Company Suite K 175 East Old County Road San Jose, California 95125 Hicksville, New York 11801 Richard M. Kessel W. Taylor Reveley, III, Esq. Chairman & Executive Director Hunton & Williams New York State Consumer Protection Post Office Box 1535 Board 707 East Main Street Room 1725 i Richmond, Virginia 23212 250 Broadway New York, New York 10007 Mr. Lawrence Britt Shoreham Nuclear Power Station Jonathan D. Feinberg, Esq.

Post Office Box 618 New York State Department 1 Wading River, New York 11792 of Public Service Three Empire State Plaza Mr. John Scalice Albany, New York 12223 Plant Manager Shoreham Nuclear Power Station Fabian G. Palomino, Esq.

Post Office Box 628 Special Counsel to the Governor Wading River, New York 11792 Executive Chamber - State Capitol Albany, NY 12224 Resident Inspector Shoreham NPS Martin Bradley Ashare Esq.

U.S. Nuclear Regulatory Commission Suffolk County Attorney Post Office Box B H. Lee Dennison Building Rocky Point, New York 11778 Veteran's Memorial Highway Hauppauge, NY 11788 Regional Administrator, Region I U.S. Nuclear Regulatory Commission Robert Abrams, Esq.

475 Allendale Road Attorney General of the State King of Prussia, Pennsylvania 19406 of New York ATTN: John Corwin, Esq.

Ms. Donna Ross New York State Department of Law New York State Energy Office Consumer Protection Bureau Agency Building 2 120 Broadway Empire State Plaza 3rd Floor Albany, New York 12223 New York, NY 10271 l

1

Long Island Lighting Company Shoreham l

l cc:

James P. McGranery, Jr. , Esq. Leonard Bickwit, Jr., Esq.

Dow, Lohnes and Alberson Miller & Chevalier, Chartered Suite 500 Metropolitan Square 1255 23rd Street, N.W. 655 Fifteenth Street, N.W.

, Washington, D.C. 20037 Suite 900 l Washington, D.C. 20005-5701 Dr. A. David Rossin Resources Conservation Organization Suite 320 101 First Street Los Altos, CA 94022 David J. McGoff Associate Deputy Assistant Secretary for Reactor Deployment U.S. Department of Energy Washington, D.C. 20545

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j UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555

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Docket No. 50-322 Amendment to Indemnity Agreement No. B-87 Amendment No. 4 Effective July 1, 1989, Indemnity Agreement No. B-87, between Long Island Lighting Company and the Nuclear Regulatory Commission dated May 19, 1982 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 wherevar 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," i "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. }

l The definition of "public liability" in paragraph 7, Article I is deleted, l and the following is substituted therefor: I "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 reponding to a nuclear incident or precautionary evacuation),

except (1) claims W State or Federal Workmen's Compensation Acts of employees of persons indemnit ted 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 connecticn 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 coulo have known, of his injury or damage ard the cause thereof.

2 Y 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: l Item 2 - Amount of financial protection

a. $1,000,000 (From 12:01 a.m., May 19, 1982, to  !

12 midnig t, December 6, 1984, i inclusive t

$160,000,000* (From 12:01 a.m., December 7, 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  !

0 wr:

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

Accepted ,1989 i i

By Long Islanu Lignting Company

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

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