ML20248C588

Forwards Amend 8 to Indemnity Agreement B-68,reflecting Changes to 10CFR140.Util Requested to Submit Signed Amend to Signify Acceptance

ML20248C588
Person / Time
Site:	Duane Arnold
Issue date:	09/25/1989
From:	Hall J Office of Nuclear Reactor Regulation
To:	Leslie Liu IES UTILITIES INC., (FORMERLY IOWA ELECTRIC LIGHT
References
NUDOCS 8910030516
Download: ML20248C588 (5)

Text

g September '25,1989 Docket No. ' 50-331 ~ DISTRIBUTION 2Nw NRC & Local PDR's PDIII-3 r/f JHannon MVirgilio PKreutzer JHall EJordan BGrimes ACRS(10)

PDIII-3 Gray SVarga GHolahan IDinitz Mr. Lee Liu Chairman of the Board and Chief Executive Officer Iowa Electric Light and Power Company P. O. Box 351 Cedar Rapids, Iowa 52406

SUBJECT:

DUANE-ARN0LD - 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 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, James R. Hall, Project Manager Project Directorate III-3 Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity ,

Agreement '

g cc w/enclosur i g See next page l DOCUMENT NAME: DUANE-ARNOLD LETTER ,

, I Office: LA/PDI I-3 PM/PDIII 3 PDIII-3 Surname: PKr$)t r JHall/ JHan n Date:

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Iowa Electric Light and Power Company Duane Arnold Energy Center cc: "

Jack Newman, Esquire '

Kathleen H. Shea, Esquire Newman and Holtzinger 1615 L Street, N.W. l Washington, D.C. 20036 {

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Chairman, Linn County j l Board of Supervisors j l- Cedar Rapids, Iowa 52406 lowa Electric Light and Power Company ATTN: R. Hannen 4 Post Office Box 351 1 Cedar Rapids, Iowa 52406 ,

U.S. Nuclear Regulatory Commission l Resident Inspector's Office l Rural Route #1 Palo, Iowa 52324 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 799 Roosevelt Road Glen Ellyn, Illinois 60137 Mr. John A. Eure Assistant to the Division Director for Environmental Health Iowa Department of Public Health Lucas State Office Building i Des Moines .lowa 50319 l

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paceog Jg UNITED STATES )

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 l

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Docket No. 50-331 nt No. B-68 Amendment t.o. .I.n.d.emnityJreerne.ds~nt' g D I l

Effective July 1, 1989, Indemnity Agreement No. B-68, between Iowa Electric Light and Power Company, Central Iowa Power Cooperative, and Corn Belt Power Cooperative, and the Atomic Energy Comrnission, dated May 15, 1973 as arrended, is hereby further amended as follows:

The amount "$160,000,000" is deleted wherever it appears and the arnount "$200,000,000" is substituted therefor.

The amount "$124,000,000" is celeted wherever it appears cr.d the amount "$155,000,000" is substituted therefor.

i The aincunt "$36,000,000 is deleted wherever it appears and 4 the amount "$45,000,000" is substituted therefor.

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Paragraph 1 Article I is modified to read as follows:

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1. " Nuclear reactor," " byproduct material," " person," " source material," 1 "special nuclear material," and " precautionary evacuation" shall have the r..eanings giver. ther in the Attric Energy Act of 1954, as arrended, j and the regulaticros issued by the Comruissico.

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The c'efinition of "public liability" in paragraph 7, Article I is deleted,  !

and the following is substituted therefor: d "Public liability" means ar.y legal liability arising out of or resultirg frcm a nucitar ir.cident or pret.autionary evacuation (includirt all reascr.able additional costs incurred by a State or a political subdivision cf a Statt,  ;

in the course or responding to a nuclear incident or precautionary evacuation), '

e>.copt (1) clairrs under State or Federal Workinen's Compensation Acts of ernployees i of persons indemnified who are employed (a) at the location or, if the nuclear incider.t occurs in the course of transportation of the radioactive material, cr.

the transporting vehicle, and (b) in connection with the licensee's possession, useortransferoftheradioactiveciaterial;(2)claimsarisingoutofanact ofwar;and(3)claimsforlossof,ordamageto,orlossofuseof(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, ccotainers used in such transportation, and the radioactive material.

Peragraph 4(c), Article II is revised to read as follows:

(c) Any issue or defer.se based on any statute of limitations if suit is instituted within three years from the date on which the claimer.t '

1. irst 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 anct:r,t "$03,000,000" 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. , May 15,1973, to 12 midnig t, February 21, 1974, inclusive

$95,000,000 (From 12:01 a.m. , February 22, 1974, to 12 midnig t, February 28, 1974, inclusive

$110,000,000 (From 12:01 a.m., March 1, 1974, to 12 midnig t, March 20, 1975, inclusive

$125,000,000 (From 12:01 a.m.,fiarch 21, 1975, to 12 inidnig t, April 30, 1977 inclusive

$140,000,000* (From 12:01 a.m., May 1, 1977, tc 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 l $200,000,000* (Fron.12:01 a.rr. , July 1,1989)

FOR THE tiNITED STATES fiUCLEAR REGULATORY C0!iMISS10h bbh MCf ,

Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Progran fianagement, Policy Development and Aralysis Staff Office of liuclear Reactor Regulation l

• and, as of August 1,1977, the amount avaiht,le as secondary fina,cial protection.

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. 3 Accepted _ , 1989 Accepted ,,,,,,,,

, 1989 By By Iowa ElectrTcTi'ght an(~ Cer tral Iowa Power C00peFa'tTve Power Company l

Accepted _,,,,

, 1989 l

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Mr'n' Ye Y Power Cooperative

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