ML20248C458

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Forwards Amend 11 to Indemnity Agreement B-64,reflecting Changes to 10CFR140, Financial Protection Requirements & Indemnity Agreements, Effective 890701
ML20248C458
Person / Time
Site: Three Mile Island  Constellation icon.png
Issue date: 09/27/1989
From: Stolz J
Office of Nuclear Reactor Regulation
To: Phyllis Clark
GENERAL PUBLIC UTILITIES CORP.
References
NUDOCS 8910030470
Download: ML20248C458 (20)
v • d • e


Text

.

September 27, 1989

' Docket Nos. 50-289 50-320 x

Mr. Philip R. Clark, President GPU Nuclear Corporation 100 Interpace Parkway Parsippany, New Jersey 07054 Dr. Mr. Clark:

SUBJECT:

THREE PILE ISLAND, 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 amen'dments 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 'ipace provided and return one signed copy to the Document Control Desk, ATTN: Ira Dinitz, Senior Insurance / Indemnity Specialist, U.S. Nuclear Regulatory Commission, thil Stop 12E-4, Washington, D.C. 20555. If you have any questions about the foregoing, please contact Mr. Dinitz at 301-492-1289.

Sincerely,

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John F. Stolz, Director Project Directorate I-4 Division of Reactor Projects - I/II Office of Nuclear Peactor Regulation

Enclosure:

Amendment to Indemnity Agreement cc w/ enclosure: DFol See next page i i i

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  • ..++ September 27, 1989 i

Docket Nos. gg Mr. Philip R. Clark, President GPU Nuclear Corporation 100 Interpace Parkway Parsippany, New Jersey 07054 1

Dear Mr. Clark:

~!

SUBJECT:

THREE MILE ISLAND, 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 1 insurance provided by American Nuclear Insurers and Mutual Atomic Energy Liability l Underwriters. The amendments also conform to changes made to the Price-Anderson l Act by "The Price-Anderson Amendments Act of 1988," which was enacted on August 20, 1988.

i Flease 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 cuestions about the foregoing, please contact Mr. Dinitz at 301-492-1289.

Sincerely, 6 5

' J.

khnF.Stolz, Director Pr ect Directorate I-4 D vision of Reactor Projects - I/II i Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement cc w/ enclosure: i See next page '

h

4 Mr. Henry D. Hukill Three Mile Island Nuclear Station, GPU Nuclear Corporation Unit No. 1 1

cc:

\

G. Broughton Francis I.. Young.

0&M Director, TMI-1 .

Senior Resident Inspector (TMI-1)

GPU Nuclear Corporation U.S.N.R.C.

Post Office Box 480 .

Post Office Box 311

, .Middletown, Pennsylvania 17057- Middletown, Pennsylvania 17057 Richard J. McGoey,. . .

Manager, PWR Licensing Regional Administrator, Region;I GPU Nuclear Corporation U.S. Nuclear Regulatory Commission -

100 Interpace Parkway .

475 Allendale Road. .

Parsippany, New Jersey 07054 King of Prussia, Pennsylvania '19406 C. W. Sinyth Robert B. Borsum {

TMI-1 Licensing Manager Babcock & Wilcox  !

GPU Nuclear Corporation Nuclear Power Generation Division i Post Office Box 480 Suite 525 Middletown, Pennsylvania 17057 1700 Rockville Pike Rockville, Maryland 20852 Ernest L. Blake, Jr., Esq. Governor's Office of State Planning Shaw, Pittman,-Potts & Trowbridge and Development 2300 N Street, N.W. . ATTN: Coordinator, Pennsylvania Washington, D.C. 20037 State Clearinghouse Post Office Box-1323 Harrisburg, Pennsylvania 17120 Sally S. Klein, Chairman Thomas M. Gerusky, Director Dauphin County Commissioner Bureau of Radiation Protection Dauphin County Courthouse Pennsylvania Department of.  !

Front and Market Streets Environmental Resources  ;

Harrisburg, Pennsylvania 17120 Post Office Box 2063 l Harrisburg, Pennsylvania 17120 Kenneth E. Witmer, Chairman Board of Supervisors i

of Londonderry Township 25 Roslyn Road.

Eilzabethtown, PA 17022 Mr. Henry D. Hukill, Vice President and Director - TMI-l' .!

GPU Nuclear Corporation P. O. Box 480 'i!

Middletown, Pennsylvania 17057 '!

  • i

Mr. M. B. Roche Three Mile Island Nuclear Station GPU Nuclear Corporation Unit No. 2 cc:

Frank Lynch, Editorial Regional Administrator, Region I The Patriot U.S. Nuclear Regulatory Comission 812 Market Street 475 Allendale Road Harrisburg, PA 17105 King of Prussia, PA 19406 Dr. Judith H. Johnsrud Robert B. Borsum Environmental Coalition on Nuclear Power Babcock & Wilcox 433 Orlando Avenue Nuclear Power Division State College, PA 16801 Suite 525 1700 Rockville Pike .

Rockville, MD 20852 Ernest L. Blake, Jr., Esquire Marvin I. Lewis Shaw, Pittman, Potts, and Trowbridge 7801 Roosevelt Blvd. f62 2300 N Street N.W. Philadelphia, PA 19152 Washington, DC 20037 Secretary Jane Lee U.S. Nuclear Regul6 tory Comission 183 Valley Road Washington, DC 20555 Etters, PA 17319 Sally S. Klein, Chairperson Walter W. Cohen, Consumer Dauphin County Board of Comissionars Advocate Dauphin County Courthouse Department of Justice Front and Market Streets Strawberry Square,14th Floor Harrisburg, PA 17101 Harrisburg, PA 17127 Thomas M. Gerusky, Director Mr. Edwin Kinter Bureau of Radiation Protection Executive Vice President Department of Environmental Resources GPU Nuclear Corporation P. O. Box 2063 100 Interpace Parkway Harrisburg, PA 17120 Parsippany, NJ 07054 Ad Crable U.S. Environmental Prot. Agency Lancaster New Era Region III Office 8 West King Street Attn: EIS Coordinator Lancaster, PA 17601 Curtis Building (Sixth Floor) 6th and Walnut Streets Philadelphia, PA 19106 U.S. Department of Energy P. O. Box 88 Middletown, PA 17057 i,

David J. McGoff Francis I. Young Office of LWR Safety and Technology Senior Resident Inspector (TMI-1) ~

NE-23 U.S.N.R.C.

)

2 Mr. M. B. Roche Three Mile Island Nuclear Station -i GPU Nuclear Corporation Unit No. 2 i cc:

~G. Kuehn R. E. Rogan GPU Nuclear Corporation GPU Nuclear Co.7 *ation J. J. Byrne- S. Levin I GPU Nuclear Corporation GPU Nuclear Corporation-W. J. Marshall GPU Nuclear Corporation -

i Mr. Michael B. Roche Vice President / Director j Three Mile Island Unit 2 <

GPU Nuclear Corporation  !

P. O. Box 480  :

Middletown, Pennsylvania 17057 i

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Docket Nos. 50-289 50-320 Amendment to Indemnity Agreement No. B-64 Amendment No. 11 Effective July 1,1989, Indemnity Agreement No. B-64, between Metropolitan Edison Company, Jersey Central Power and Light Company, Pennsylvania Electric Company, GPU Nuclear Corporation and.the Atomic Energy Commission, dated ,

December 11, 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," " source material,"

"special nuclear material," and " precautionary evacuation" shall have the meanings given them in the Atomic Energy Act of 195a, 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:

%blic 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 e 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),ArticleIIisrevisedtoreadasfollows:

-(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, t

i d

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 l

Item 2 - Amount of financial protection J t

a. $1,000,000' (From 12:01 a.m., December 11, 1973, to 12 midnig t, April 18, 1974, inclusive

$110,000,000 (From 12:01 a.m., April 19, 1974, to 12 midnig t, March 20, 1975, inclusive

$125,000,000 (From 12:01 a.m., March 21, 1975, to-  ;

12 midnig t, April 30, 1977 inclusive 5140,000,000* (From 12:01 a.m., May 1, 1977, to 12 midnig t, April 30, 1979 inclusive

$160,000,000* (From l'2:01 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 4 b h. 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 Accepted ,1989 e

By By .

Metropolitan Edison Company Jersey Central Power and Light ..!

Company

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

3 3

Accepted , 1989 Accepted , 1989

^

I By By Pennsylvania Electric GPU Nuclear Corporation Company

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-[ e g UNITED STATES 8 o NUCLEAR REGULATORY COMMISSION

'; aE WASHINGTON, D. C. 20655 A., .

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Docket Nos. 50-289 50-320 Amendment to Indemnity Agreement No. B-64 Amendment No. 11 Effective July I',1989, Indemnity Agreement No. B-64, between Metropolitan Edison Company, Jersey Central Power and Light Company, Pennsylvania Electric Company, GPU Nuclear Corporation and the Atomic Energy Commission, dated-December 11, 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," " 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" fn 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 ofwar;and(3)claimsforlossof,ordamageto,orlossofuseof(a) property which is located at the location and used in connection with the licensee's c 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. .

L Paragraph 4(c),ArticleIIisrevisedtoreadasfollows:

(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.

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 1

a. $1,000,000 (From 12:01 a.m., December 11, 1973, to 12 midnig t, April 18, 1974,  ;

inclusive '

$110,000,000 (From 12:01 a.m., April 19, 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 12 midnig t, April 30, 1979 inclusive

$160,000,000* (From l'2:01 a.m., May 1, 1979, to 12 midnig t, June 30, 1989 inclusive

$200,0( 1,000* (From 12:01 a.m., July 1, 1989)

FOR THE UNITED STATES NUCLEAR REGULATORY COMNISSION Cu x o. % 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 Accepted , 1989 s

1 -

By By  ;

Metropolitan Edison Company Jersey Central Power and Light .;

Company

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

3 Accepted , 1989 Accepted ,1989 By By Pennsylvania Electric GPU Nuclear Corporation Company i

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M  % UNITED STATES 8, ~

% NUCLEAR REGULATORY COMMISSION 7, p WASHINGTON, D. C. 20555

\...../

Docket Nos. 50-289 -

50-320 Amendment to Indemnity Agreement No. B-64 Amendment No. 11 Effective July 1,1989, Indemnity Agreement No. B-64, between Metropolitan Edison Company, Jersey Central Power and Light Company, Pennsylvania Electric Company, GPU Nuclear Corporation and the Atomic Energy Commission, dated December 11, 1573 as amended, is hereby further amended as follows:

The emount "$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:

"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 e possession, use, or transfer of the radioactive material, and (b) if the i nuclear incident occurs in the course of transportation of the radioactive I material, the transporting vehicle, containers used in such transportation, -

and the radioactive naterial. .

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.

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: j Item 2 - Amount of financial protection

a. $1,000,000 (From 12:01 a.m., December 11, 1973, to 12 midnight, April 18, 1974, j inclusive) l

$110,000,000 (From 12:01 a.m., April 19, 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 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 C0f1 MISSION

. M 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 .

[ metropolitan Edison Company Jersey Central Power and Light ,;

Company

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

3 Accepted , 1989 Accepted , 1989 By By Pennsylvania Electric GPU Nuclear Corporation Company

__. . . . . . . _ _ _ _ _ _ _ . . _ _ _ _ _ __ . _ _ .__ _ ____________.___.m_

  • ___ . _ . _ =_ . _ _.__

UNITED STATES ,

2 o NUCLEAR REGULATORY COMMISSION

' i r, W ASHINGTON, D. C. 20555 i

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  • s., .... /

Docket Nos. 50-289 I 50-320 f i

l Amendment to Indemnity Agreement No. B-64 Amendment No. 11 I I

I Effective July 1, 1989, Indemnity Agreement No. B-64, between Metropolitan {

Edison Company, Jersey Central Power and Light Company, Pennsylvania Electric Company, GPU Nuclear Corporation and the Atomic Energy Commission, dated December 11,1973.as amended, is hereby further amended as follows .

I 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.

I 1 The amount "$36,000,000" is deleted wherever it appears and the amount "$45,000,000" is substituted therefor.

l Paragraph 2, 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 regulation. 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 l the transporting vehicle, and (b) in connection with the licensee's possession, l' 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 usel 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, -I and the radioactive material. .

Paragraph 4(c) Article II is revised to read as follows'.

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.

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 I and the following substituted therefor:  ;

l Item 2 - Amount of financial protection 1

a. $1,000,000 (From 12:01 a.m., December 11, 1973, to 12 midnig t, April 18, 1974, i

inclusive (From 12:01 a.m., April 19, 1974, to

$110,000,000 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) 5140,000,000* (From 12:01 a.m., May 1, 1977, tc ,

12 midnight, April 30, 1979 inclusive) 5160,000,000* (From 12:01 a.m., May 1, 1979, to 12 midnight, June 30, 1989  !

inclusive) l

$200,000,000* (From 12:01 a.m., July 1, 1989)

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION GMO. W::,=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 ir, l By By .

Metropolitan Edison Company Jersey Central Power and Lignt .;

l Company

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

3 Accepted , 1989 Accepted , 1989 By By Pennsylvania Electric GPU Nuclear Corporation Company i

UNITED STATES 8 '

n NUCLEAR REGULATORY COMMISSION g :E WASHINGTON, D. C. 20555

%...../

Docket Nos. 50-289 -

50-320 Amendment to Indemnity Agreement No. B-64 Amendment No. 11 Effective July 1, 1989, Indemnity Agreement No. B-64, between Metropolitan Edison Company, Jersey Central Power and Light Company, Pennsylvania Electric Company, GPU Nuclear Corporation and the Atomic Energy Comission, dated .

December 11, 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 .nd 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, 'l 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 I 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, l 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 i; possession, use, or transfer of the radioactive material, and (b) if the 'I nuclear incident occurs in the course of transportation of the radioactive ,

l material, the transporting vehicle, containers used in such transportation, ":

I and the radioactive material. *1 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.

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 ir.demnity 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., December 11, 1973, to 12 midnight, April 18, 1974, inclusive)

(From 12:01 a.m., April 19, 1974, to

$110,000,000 12 midnight, March 20, 1975, inclusive)

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

$1403 000,000* (From 12:01 a.m., May 1, 1977, to 12 midnight, April 30, 1979 inclusive)

$160,000,000* (From l'2:01 a.m., May 1, 1979, to 12 midnight, June 30, 1989 inclusise)

$200,000,000* (From 12:01 a.m., July 1, 1989)

FOR THE UNITED STATES NUCLEAR <J3ULATORY COMMISSION e k h.  :: 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 t

t By By - '

Metropolitan Edison Company Jersey Central Power and Light , i Company l

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

1

3 Accepted , 1989 Accepted ,1989 By By Pennsylvania Electric GPU Nuclear Corporation ,

Company-  !

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