ML20248C617

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Forwards Amend 3 to Indemnity Agreement B-93,reflecting Changes to 10CFR140,effective 890701.Util Requested to Submit Signed Amend to Signify Acceptance
ML20248C617
Person / Time
Site: Callaway Ameren icon.png
Issue date: 09/25/1989
From: Alexion T
Office of Nuclear Reactor Regulation
To: Schnell D
UNION ELECTRIC CO.
References
NUDOCS 8910030524
Download: ML20248C617 (4)


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September 25, 1989 Docket No. 50-483 DISTRIBUTION

. Docket 111e "t A NRC a Local PDR's PDIII23'r/f JHannon MVirgilio-PKreutzer TAlexion-EJordan BGrimes ACRS(10)

PDIII-3 GrY SVarga GHolahan IDinitz j

Mr. Donald F. Schnell Senior Vice President - Nuclear Post Office Box I49 St. Louis, Missouri 63166

Dear Mr. Schnell:

SUBJECT:

CALLAWAY - 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 i

' 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, i

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, i

Thomas W. Alexion, Projet:t Manager Project Directorate III-3 Division of Reactor Projects - III, IV, V and Special Projects i

l Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Ofb/

Agreement cc w/ enclosure-1 See next page j

DOCUMENT NAME: CALLAWAY LETTER

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i Office:

LA/POIII-3 PM/PDIN PD)

III-3 Surname: pr.edtzer TAlexio'n6nw JHen n Date:

7 /, /89 9 /7 5 /89 Q

/89 8910030324 B d925

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PDR ADOCK 05000483 i

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PDC

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Mr. D. F. Schnell Callaway Plant Union Electric Company Unit No. 1 i

cc:

Dr. J. O. Cermack Mr. Bart D. Withers CFA Inc.

President and Chief 4 Professional Dr., Suite 110 Executive Officer l

Gaithersburg, MD 20879 Wolf Creek Nuclear Operating Corporation Gerald Charnoff, Esq.

P. O. Box 411 1

Thomas A. Baxter, Esq.

Burlington, Kansas 66839 Shaw, Pittman, Potts & Trowbridge 2300 N Street, N. W.

Mr. Dan I. Bolef, President Washington, D. C.

20037 Kay Drey, Representative Board of Directors Coalition Mr. T. P. Sharkey for the Environment Supervising Engineer, St. Louis Region Site Licensing 6267 Delmar Boulevard L on Electric Company University City, Missout 63130 Post Office Box 620 Fulton, Missouri 65251 U. S. Nuclear Regulatory Comission Resident Inspectors Office RR//1 Steedman, Missouri 65077 i

fir. Alan C. Passwater, Manager Licensing and Fuels Union Electric Company Post Office Box 149 St. Louis, Missouri 63166 Manager - Electric Department Missouri Public Service Comission 301 W. High Post Office Box 360 i

Jefferson City, Missouri 65102 i

Regional Administrator i

U. S. NRC, Region III 799 Roosevelt Road Glen Ellyn, Illinois 60137 u

Mr. Ronald A. Kucera, Deputy Director i

Deparuaent of Natural Resources P. O. Box 176 Jefferson City, Missouri 65102 l

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g UNITED STATES g

3 NUCLEAR REGULATORY COMMISSION 1,

oj WASHINGTON. D. C. 20$55

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Docket No. 50-483 Amendment _ _to Indenr.iMg'reement No. B-93 Inie~n'dinent No '3 a

Effective July 1, 1989, Indemnity Agreement No. B-93, between ifnion Electric i

Cornpany, and the Nuclear Regulatory Cornrnissien, dated October 4,1982, as anended, is hereby further amended as follows:

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

The accunt "$124,000,000" is deleted wherever it tppars and the an.ount "$155,000,000" is substituted therefor.

The wcurt "$36,000,000" is deleted wherever it ap ars and' l

the an. cunt "$45,000,000" is substituted therefor.

I Para 5raph 1. Article I is inodified to read cs follows:

1.

"f.tuclear re6ctor," "byprecuct n,aterial," "persor," " sour ce material,"

"special nuclear r.aterial," ard " precautionary evacuation" shall have the r-eanir gs given thero in the Atomic Energy Act of 1954, as amended, anc the regulatior,s issued by the Cormission.

The cefinition of "public liatility" in paragraph 7, Article I is deleted, anc' the folic +1og is substituted therefor:

j "Public liatility" means any legal liat.ilit) arising out of or resulting frua a nucleer incident or precautionary evacuation (including all reasonable edditicnal ccsts incurred by c State er a political subdivision of a State, in the course or respnding to a nuclear incident or precautionary evacuatiet),

except (1) claims under State or Federal Workruen's Cornpensation Acts of employees of persons inden.nffied 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 licer.see's possession, use or transfer of the radioactive material; (2) claints arising out of an act of war; and (3) clairns 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 l

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),ArticleIIisrevisedtoreadasfollows:

(c) Any issue or defense based on any statute of limitations if suit is instituted within three years froni the date on which the clairnant first knew, or reasonably cou1( have known, of his in, jury or damage ad the cause thereof.

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In paragraph 1, Article VIII, the anount "$5,000,000" is deleted and the er,ount "$63,000,000" is substituted therefor.

Iten: 2a of the attachn.ent 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., October 4,1982,to 12 midnig t, June 10, 1984, inclusive

$160,000,000*

(From 12:01 a.m, June 11, 1984, to 12 midnig t, June 30, 1989 inclusive

$200,000,000*

(From 12:01 a.m., July 1, 1989)

FOR THE UNITED STA1ES NUCLEAR REGULATOR'I C0f f:ISSION 4

$ b*

^;;;f; Cecil 0. Thomas, Chief Policy Developtrent and Technical Suppcrt Branch Frcgrari fiar.agement, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted

,,,,1989 By VnToh'TTe'clFi'c Ccqany i

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  • and, as ofTugust 1,1977, the amount availttle as secondary fintrcial protectiot..

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