ML20248D333

Forwards Amend 6 to Indemnity Agreement B-78,reflecting Changes to 10CFR140,effective 890701

ML20248D333
Person / Time
Site:	Trojan File:Portland General Electric icon.png
Issue date:	09/25/1989
From:	Bevan R Office of Nuclear Reactor Regulation
To:	Cockfield D PORTLAND GENERAL ELECTRIC CO.
References
NUDOCS 8910040203
Download: ML20248D333 (11)

Text

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September 25, 1989 Docket No. 50-344 DISTRIBUTION Docket File.

' 'NRC & LPDRs PD5 Reading MVirgilio JLee Mr. David W. Cockfield RBevan Vice President, Nuclear OGC Portland General Electric Company E. Jordan 121 S. W. Salmon Street B. Grimes Portland, Oregon 97204 ACRS(10)

IDinitz

SUBJECT:

TROJAN - AMENDMENT TO INDEMNITY AGREEMENT Enclosed is an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requirement: 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 Amendnents 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 Roby Bevan Roby Bevan, Project Manager Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity l Agreement l

cc w/ enclosure: , ,

See next page f j

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• p8 5aptember 25, 1989 Docket No. 50-344 Mr. David W. Cockfield Vice President, Nuclear Portland General Electric Company 121 S. W. Salmon Street Portland, Oregon 97204

SUBJECT:

TROJAN - 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,"

l 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 l

Price-Anderson Act by "The Price-Anderson. Amendments Act of 1988," which was enacted on August 20, 1908.

i 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 Commiss19n, 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[ ~

Roby Bevan, Project Manager Division of Reactor Projects - III, IV, Y and Special Projects Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity l Agreement l

cc w/ enclosure:

See next page

1 Mr. David W. Cockfield Trojan Nuclear Plant Portland General Electric Company l

cc:

Senior Resident Inspector U.S. Nuclear Regulatory Comission Trojan Nuclear Plant Post Office Box 0 Rainier, Oregon 97048 l Mr. Michael J. Sykes, Chairman i Board of County Commissioners Columbia County St. Helens, Oregon 97501 Mr. William T. Dixon Oregon Department of Energy Salem, Oregon 97310 Regional Administrator, Region V U.S. Nuclear Regulatory Comission 1450 Maria Lane, Suite 210 Walnut Creek, California 94596 l

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%# ,o I Docket No. 50-344 1

Amendment to Indemnity Agreement No. B-78 Amendment No. 6 Effective July 1,1989, Indemnity Agreement No. B-78, between Portland General Electric Company, Eugene Water and Electric Board, Pacific Power and Light Company, and the Kuclear Regulatory Commission, dated June 30, 1975 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 materia'1," " 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.

l The definition of "public liability" in paragraph 7, Article I is deleted, {

and the following is substituted therefor: 1 "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. 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. I

r-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., June 30, 1975, to 12 midnig t, November 20, 1975, inclusive

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

$140,000,000* (From 12:01 a.m., May 1, 1977, to 12 midnight, April 30, 1979,

$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 fdn'4 Cecil 0. Thomas, Chief

[. S_-

Policy Development and Technical Support Branch Program flanagement, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted , 1989 Accepted ,1989

! i l By By l Portland General Electric Eugene Water and Electric i I Company Board Accepted , 1989 l

By .

Pacific Power and Light Company "and, as of August 1,1977, the amount available as secondary financial protection.

gy .f' \ g UNITED STATES NUCLEAR REGULATORY COMMISSION

" WASHINGTON, D. C. 20555 rn r j h yw .....

l Docket No. 50-344 Amendment to Indemnity Agreement No. B-78 Amendment No. 6 l Effective July 1,1989, Indemnity Agreement No. B-78, between Portland General Electric Company, Eugene Water and Electric Board, Pacific Power and Light Company, and the Nuclear Regulatory Connission, dated June 30, 1975 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 amcunt "$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," "Syproduct materia'1," " person," " source material," I "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: J "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 Werkmen's Compensation Acts of employees ,

of persons indemnified who are employed (a) at the location or, if the nuclear l incident occurs in the course of transportation of the radioactive material, on j 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 i 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, 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. ,

4

4 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 l

l a. $1,000,000 (From12:01a.m., June 30, 1975, to 12 midnig t, November 20, 1975, inclusive

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

$140,000,000* (From 12:01 a.m., May 1, 1977, to 12 midnight, April 30, 1979,

$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 G_,__ A O. & 1

\

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 Portland General Electric Eugene Water and Electric Company Board l Accepted , 1989

)

By Pacific Power and Light Company

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

p 3 Rfo g UNITED STATES g y g NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 3 -i j

\...../

Docket No. 50-344 e Amendment to Indemnity Agreement No. B-78 Amendment No. 6 Effective July 1,1989, Indemnity Agreement No. B-78, between Portland General Electric Company, Eugene Water and Electric Board, Pacific Power and Light Company, and the Nuclear Regulatory Commission, dated June 30, 1975 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, l and the regulations issued by the Commission. i 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 i 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 i of war; and (3) claims for loss of, or damage to, or loss of use of (a) property I

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 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), 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.

t 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., June 30, 1975, to 12 midnig t, November 20, 1975, inclusive

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

$140,000,000* (From 12:01 a.m., May 1, 1977, to 12 midnight, April 30, 1979,

$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 YPYh 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 l Portlano General Electric Eugene Water and Electric Company Board l

l Accepted , 1989 By Pacific Power and Light Company

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

. ( UNITED STATES w (' g NUCLEAR REGULATORY COMMISSION I

$ ) )# 1y WASHINGTON, D. C. 20S55 j I

v Docket No. 50-344 Amendment to Indemnity Aareement No. B-78 Amendment No. 6 Effective July 1, 1989, Indemnity Agreement No. B-78, between Portland General Electric Company, Eugene Water and Electric Board, Pacific Power and Light Company, and the Nuclear Regulatory Commission, dated June 30, 1975 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" 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, 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 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.

4

. e .

n 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., June 30, 1975, to 12 midnig t, November 20, 1975, i inclusive

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

$140,000,000* (From 12:01 a.m., May 1, 1977, to 12 midnight, April 30, 1979,

$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 COMf1ISSION hbh.

Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program lianagement, Policy Development I and Analysis Staff  !

Office of Nuclear Reactor Regulation l Accepted , 1989 Accepted ,1989 )

I By By I Portland General Electric Eugene Water and Electric Company Board Accepted 1989 i

By Pacitic Power and Lignt Company

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

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