ML20248D353

Forwards Amend 18 to Indemnity Agreement B-36,reflecting Changes to 10CFR140,effective 890701

ML20248D353
Person / Time
Site:	Nine Mile Point
Issue date:	09/25/1989
From:	Slosson M Office of Nuclear Reactor Regulation
To:	Burkhardt L NIAGARA MOHAWK POWER CORP.
References
NUDOCS 8910040214
Download: ML20248D353 (6)

Text

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, S:pt:mber 25, 1989 Docket Nos. 50-220 DISTRIBUTION w/ Encl.

and 50 410 gDocket file; - CVogan NRC & Local"PDR OGC PDI-1 Rdg EJordan SVarga BGrimes BBoger ACRS(10)

Mr. Lawrence Burkhardt III JWiggins Executive Vice President, Nuclear Operations RCapra Niagara Mohawk Power Corporation MSlosson 301 Plainfield Road IDinitz Syracuse, New York 13212

SUBJECT:

NINE MILE POINT NUCLEAR STATION, UNIT 1 and 2 - 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

( Marylee M. Slosson, 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: I[ ,

'See next page L Document Name: INDEMNITY LTR NMP OFC :PDI-1 :PDI 1  :  :  :  :

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, UNITED STATES NUCLEAR REGULATORY COMMISSION

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• • • • • l September 25, 1989 Docket Nos. 50-220 and 50-410 Mr. Lawrence Burkhardt III p Executive Vice President, Nuclear Operations Niagara Mohawk Power Corporation 301 Plainfield Road Syracuse,- New York 13212

SUBJECT:

NINE MILE POINT NUCLEAR STATION, UNIT 1 and 2 - 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,

]qk Y  %

Marylee M. Slosson, 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

Mr, Lawrence Burkhardt III Nine Mile Point 1/2 Niagara Mohawk Power Corporation

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cc: '

Mr. Troy B. Conner, Jr. , Esquire Mr. Kim Dahlberg Conner & Wetterhahn Unit 1 Station Superintendent Suite 1050' Nine Mile Point Nuclear Station 1747 Pennsylvania Avenue, N.W. Post Office Box 32 Washington, DC 20006 Lycoming, New York 13093 Supervisor Mr. Richard Abbott Town of Scriba Unit 2 Station Superintendent R. D. #4 Nine Mile Point Nuclear Station Oswego, New York 13126 Post Office Box 32 Lycoming, New York 13093 Mr. James L. Willis Charlie Donaldson, Esquire General Supt.-Nuclear Generation Assistant Attorney General Niagara Mohawk Power Corporation New York Department of Law Nine Mile Point Nuclear Station 120 Broadway Post Office Box 32 New York, New York 10271 Lycoming, New York 13093 Resident Inspector Mr. Paul D. Eddy U. S. Nuclear Regulatory Commission State of New York Department of Post Office Box 126 Public Service Lycoming, New York 13093 Power Division, System Operations 3 Empire State Plaza Albany, New York 12223 Mr. Gary D. Wilson, Esquire Mr. Peter E. Francisco, Licensing Niagara Mohawk Power Corporation Niagara Mohawk Power Corporation 300 Erie Boulevard West 301 Plainfield Road Syracuse, New York 13202 Syracuse, New York 13212 Regional Administrator, Region I Mr. Richard Goldsmith U. S. Nuclear Regulatory Commission Syracuse University 475 Allendale Road College of Law King of Prussia, Pennsylvania 19406 E. I. White Halle Campus l Syracuse, New York 12223 Ms. Donna Ross Mr. Richard M. Kessel New York State Energy Office Chair and Executive Director  ;

i 2 Empire State Plaza State Consumer Protection Board 16th Floor 99 Washington Avenue  !

Albany, New York 12223 Albany, New York 12210 l

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NUCLEAR REGULATORY COMMISSION 1 r,;

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Docket Nos. 50-220, 50-410 Amendment to Indemnity Agreement No. B-36 Amendment No. 18 Effective July 1,1989, Indemnity Agreement No. B-36, between Niagara Mohawk Power Corporation, Central Hudson Gas and Electric Corporation, Long Island Lighting Company, New York State Electric and Gas Corporation, Rochester Gas and Electric Corporation, and the Atomic Energy Commission, dated August 16, 1967, 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, use or transfer of the radioactive material; (2) claims arising cut 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, l

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 s 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 16, 1967, to 12 midnig t, August 21, 1969, inclusive

$82,000,000 (From 12:01 a.m., August 22, 1969, to 12 midnig t, February 29, 1972, inclusive

$95,000,000 (From 12:01 a.m., March 1, 1972, 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 (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 sid 0 _T;;; ^

Cecil 0. Thomas, Chief Policy Development and Technical Support Branch l

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.

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3 9 Accepted , 1989 Accepted , 1989 By By Niagra Mohawk Power Central Hudson Gas and Electric "

Co{por,ation Corporation Accepted , 1989 Accepted , 1989 By By _

Long Island Lighting New York State Electric and Company Gas Corporation Accepted , 1989 By Rochester Gas and Electric Corporation l

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