ML20248D227

Forwards Amend 15 to Indemnity Agreement B-32,reflecting Changes to 10CFR140.Amend Reflects Increase from Primary Layer of Nuclear Energy Liability Insurance & Also Conforms to Changes Made to Price-Anderson Amend Act of 1988

ML20248D227
Person / Time
Site:	Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	09/20/1989
From:	Wang A Office of Nuclear Reactor Regulation
To:	Mroczka E CONNECTICUT YANKEE ATOMIC POWER CO.
References
NUDOCS 8910040166
Download: ML20248D227 (9)

Text

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September 20, 1989 Docket No. 50-213 Mr. Edward J. Mroczka Senior Vice President Nuclear Engineering and Operations Connecticut Yankee Atomic Power Company Northeast fluclear Energy Company P. O. Box 270 Hartford, Connecticut 06141-0270

SUBJECT:

HADDAM HECK 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 Liebility 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,

/s/

Alan B. Wang, Project Manager Project Directorate I-4 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement cc w/ enclosure: -

See next page l DISTRIBUTION

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B. Grimes (9A2) ACRS (10) A. Wang Ira Dinitz

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Mr. Edward J. Mroczka Connecticut Yankee Atomic Power Company Haddam Neck Plant cc:

Gerald Garfield, Esquire R. M. Kacich, Manager Day, Berry and Howard Generation Facilities Licensing Counselors at Law Northeast Utilities Service Company City Place Post Office Box 270 Hartford, Connecticut 06103-3499 Hartford, Connecticut 06141-0270 W. D. Romberg, Vice President D. O. Nordquist Nuclear Operations Director of Quality Services Northeast Utilities Service Company Northeast Nuclear Energy Company Post Office Box 270 Post Office Box 270 Hartford, Connecticut 06141-0270 Hartford, Connecticut 061al-0270 Kevin McCarthy, Director Regional Administrator Radiation Control Unit Region I Department of Environmental Protection U. S. Nuclear Regulatory Commission State Office Building 475 Allendale Road Hartford, Connecticut 06106 King of Prussia, Pennsylvania 19406 Bradford S. Chase, Under Secretary Board of Selectmen Energy Division Town Hall Office of Policy and Management Haddam, Connecticut 06103 80 Washington Street Hartford, Connecticut 06106 J. T. Shediosky, Resident Inspector Haddam Neck Plant D. B. Miller, Station Superintendent c/o U. S. Nuclear Regulatory Comission Haddam Neck Plant Post Office Box 116 Connecticut Yankee Atomic Power Company East Haddam Post Office RFD 1, Post Office Box 127E East Haddr.m Connecticut 06423 East Hampton, Connecticut 06424 G. H. Bouchard, Unit Superintendent J Haddam Neck Plant 1 RFD #1 Post Office Box 127E East Hampton, Connecticut 06424 Mr. Edward J. Mroczka Senior Vice President  !

Nuclear Engineering and Operations Connecticut Yankee Atomic Power Company Northeast Nuclear Energy Company P. O. Box 270 Hartford, Connecticut 06141-0270 l

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/psag'o ~g UNITED STATES

. ! *' ' n NUCLEAR REGULATORY COMMISSION F, ,E wassiucion. c. c. rosss l

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Docket No. 50-213 Amendment to Indemnity Agreement No. B-32 Amendment No. 15 Effective July 1,1989, Indemnity Agreement No. B-32, between Connecticut Yankee Atomic Power Company and the Atomic Energy Cosmiission dated September 28, 1966, 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:

i

1. " Nuclear reactor," " byproduct material," " person," " source material,"

"special nuclear material," and " precautionary evacuation" shall have 4 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, i in the course or responding to a nuclear incident or precautionary evacuation), l except (1) claims under State or Federal Workmen's Compensation Acts of employoes 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 meterial; (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 l 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, 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 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

a. $1,000,000 (From 12:01 a.m . September 28, 1966 to 12 midnig t, June 29, 1967, inclusive

$74,000,000 (From 12:01 a.m., June 30, 1967 to 12 midnig t, January 31, 1969, inclusive

$82,000,000 (From 12:01 a.m , February 1,1969 to 12 midnig t, February 29, 1972, inclusive

$95,000,000 (From 12:01 a.m., March 1, 1972 to -

12 midnight, 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., March 21, 1975, to 12 midnig t, April 30, 1977, inclusive 1

$140,000,000* (From 12:01 a.m., May 1, 1977, to 1 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 k h. 6;AY l

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

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

3 Accepted ,39g9 By Connecticut Yankee Power Company l

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+ o g UNITED STATES n

NUCLEAR REGULATORY COMMISSION WASHING TON, D. C. 20555

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Docket No. 50-213 Amendment to Indemnity Agreement No. B-32 Amendment No. 15 l

Effective July 1, 1989, Indemnity Agreement No. B-32, between Connecticut Yankee Atomic Power Company and the Atomic Energy Commission dated September 28, 1966, 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 l the amount "$155,000,000" is substituted therefor. j 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 Comission.

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 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 could have known, of his injury or damage and the cause thereof.

---_ _----------------.--_ _ _ _J

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:

Item 2 - Amount of financial protection

a. $1,000,000 (From 12:01 a.m , September 28, 1966 to 12 midnig t, June 29, 1967, inclusive

$74,000,000 (From 12:01 a.m., June 30, 1967 to ,

12 midnight, Jar.uary 31, 1969, I inclusive) )

$82,000,000 (From 12:01 a.m. , February 1,1969 to  !

12 midnight, February 29, 1972, inclusive)

$95,000,000 (From 12:01 a.m., March 1, 1972 to I 12 midnight, February 28, 1974 inclusive)

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

)

5125,000,000 (From 12:01 a.m., March 21, 1975, to l 12 midnig t, April 30, 1977, l 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 1

$200,000,000* (From 12:01 a.m. , July 1,1989) i FOR THE UNITED STATES NUCLEAR REGULATORY C0411SSION 6 #

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

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

4 a

3 Accepted ., 1989 By Connecticut Yankee Power Company 1

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