ML20248D224

Forwards Amend 9 to Indemnity Agreement B-63,reflecting Changes to 10CFR140, Financial Protection Requirements & Indemnity Agreements. Util Requested to Submit Signed Amend to Signify Acceptance

ML20248D224
Person / Time
Site:	FitzPatrick
Issue date:	09/25/1989
From:	Labarge D Office of Nuclear Reactor Regulation
To:	Brons J POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK
References
NUDOCS 8910040165
Download: ML20248D224 (5)

Text

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• September 25, 1989 i

j Docket Nos. 50 333 DISTRIBUTION w/ Encl.  !

(DocketJ11e .% SVarga NRC & Local PDRs BBoger PDI-1 Rdg CVogan Mr. John C. Brons RCapra OGC Executive Vice President - Nuclear Generation EJordan Power Authority of the State of New York BGrimes 123 Main Street ACRS (10)

White Plains, New York ' 10601 DLaBarge JWiggins

Dear Mr. Brons:

IDinitz

SUBJECT:

' JAMES A. FITZPATRICK NUCLEAR POWER PLANT - 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, Original signed by David E. LaBarge, Project Manager Project Directorate I-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement cc w/ enclosure:

See next page f Document Name: INDEMNITY LTR FITZ e

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September 25, 1989 '

-Docket ~Nos. 50-333

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' Mr. Joh'n ' C. .Brons ..

-Executive Vice President; Nuclear Generation f

Power Authority of the State.of New York-

'123 Main Streetf

w. White Plains, New York 10601

/

SUBJECT:

-' JAMES-A. FITZPATRICK NUCLEAR POWER PLANT - AMENDMENT TO rINDEMNITY AGREEMENT w

g 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

'l Act by "The Price-Anderson Amendments Act of-1988,"~ which was enacted on August 20,

~

21988. '

~

- 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.

' Comiission, 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, W r ay David E. LaBarge, Projact Manager i Project Directorate I-1 Division of Reactor Projects - I/II ,

. Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement 1 i

cc w/ enclosure:

Seelnext page i

s i,'

b Mr. John C. Brons _

James A. FitzPatrick Nuclear:

E . Power Authority of the State of New York Power Plant 1'

L CC* _.

Mr. Gerald C. Goldstein Ms. Donna Ross

! ' Assistant General Counsel New York State Energy Office Power Authority of the State 2 Empire State Plaza of New York 16th Floor 1633 Broadway Albany, New York 12223 New York, New York 10019 Resident Inspector's Office Regional Administrator, Region I U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Post Office Box 136 475 Allendale Road Lycoming, New York 13093 King of Prussia, Pennsylvania 19406 Mr.' William Fernandez Mr. A. Klausman Resident Manager. Senior Vice President - Appraisal James A. FitzPatrick Nuclear and Compliance Services Power Plant Power Authority of the State Post Office Box 41 of New York Lycoming, New York 13093 1633 Broadway New York, New York 10019 Mr. J. A. Gray, Jr. Mr. George Wilverding, Manager Director Nuclear Licensing - BWR Nuclear Safety Evaluation Power Authority of the State Power Authority of the State of New York. of New York 123 Main Street 123 Main Street White Plains, New York 10601 White Plains, New York 10601 Supervisor Mr. R. E. Beedle Town of Scriba Vice President Nuclear Support R. D. #4 Power Authority of the State Oswego, New York 13126 of New York 123 Main Street White Plains, New York 10601 Mr. J. P. Bayne, President Pcwer Authority of the State of New York Mr. S. S. Zulla 1633 Broadway Vice President Nuclear Engineering New York, New York 10019 Power Authority of the State of New York 123 Main Street Mr. Richard Patch White Plains, New York 10601 l Quality Assuran'ce Superintendent James A. FitzPatrick Nuclear Power Plant Post Office Box 41 Vice President Nuclear Operations Lycoming, New York 13093 Power Authority of the State of New York 123 Main Street Charlie Donaldson, Esquire White Plains, New York 10601 Assistant Attorney General New York Department of Law 120 Broadway New York, New York 10271 .

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g' NUCLEAR REGULATORY COMMISSION yi E WASHINGTON, D. C. 20656

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Docket No. 50'333

& Amendment~~~ to IndeninityJreement tio. E-63 TnFnifm'ht e No. 9

' Effective July 1, 1989, Indemnity Agreement No. B-63, between Power Authority of the State of New York and the Atomic Energy Commission, dated August 28, 1972, 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 therefer.

Paragraph 1, Article 1 is modified to read as follows:

1. "t:uclear reactor," " byproduct material," "persen," " source material,"

"special nuclear material," and " precautionary evacuation" shall have the meanirgs given them in the Atoniic Energy Act of 1954, as amended, and the regulations issued by the Conmission.

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 ccsts 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 ofpersonsindemnifiedwhoareemployed(a)atthelocationor,ifthenuclear 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 rnaterial; (2) clain:s 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 ruclear incident occurs in the ccurse of transpor tation 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 front the date on which the claimant first knew, or reasonably cculd have known, of his injury or damage ard the cause thereof.

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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., August 28, 1972, to 12 midnig t, October 16, 1974, inclusive -

$110,000,000 (From12:01a.m., October 17, 1974, to 12 midnig t, March 20, 1975, inclusive

$125,000,000 (From12:01a.m., March 21, 1975, to 12 midnig t, 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 COMMISSION l

'$ $h. &  ;.^f; Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program ttanagement, Policy Development and-Analysis Staff Office of f:uclear Reactor Regulation Accepted ,,,__, 1989 By ~

Power A'u'tFc~r'i'ty M the State' of tiew York

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

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