ML20248D377

Forwards Amend 10 to Indemnity Agreement B-51,reflecting Changes to 10CFR140,effective 890701

ML20248D377
Person / Time
Site:	Maine Yankee
Issue date:	09/27/1989
From:	Leeds E Office of Nuclear Reactor Regulation
To:	Frizzle C Maine Yankee
References
NUDOCS 8910040230
Download: ML20248D377 (5)

Text

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September 27, 1989 Docket No. 50-309 Mr. C. D. Frizzle, President Maine Yankee Atomic Power Company 83 Edison Drive Augusta, Maine 04336

SUBJECT:

MAINE YANKEE ATOMIC POWER STATION - 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 qrestions about the foregoing, please contact Mr. Dinitz at 301-492-1289.

Sincerely, Original signedlip Eric J. Leeds, Project Manager Project Directorate I-3 Division of Reactor Projects I/II Office of Nuclear Reactor Regulation

Enclosure:

DISTRIBUTION:

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Mr. Charles B. Brinkman Mr. G. D. Whittier, Manager Manager - Washington Nuclear Nuclear Engineering and Licensing Operations Maine Yankee Atomic Power Company Combustion Engineering, Inc. 83 Edison Drive

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12300 Twinbrook Parkway, Suite 330 Augusta, Maine 04336 Rockville, Maryland 20852 John A. Ritsher, Esquire '

Ropes & Gray 225 Franklin Street Boston, Massachusetts 02110 State Planning Officer Executive Department 189 State Street Augusta, Maine 04330 Dr. E. T. Boulette, Vice President Operations and Plant Manager Maine Yankee Atomic Power Company P. O. Box 408 Wiscasset, Maine 04578 Mr. J. H. Garrity, Vice President Licensing and Engineering Maine Yankee Atomic Power Company 83 Edison Drive Augusta, Maine 04336 -

Regional Administrator, Region I U..S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, Pennsylvania 19406 First Selectman of Wiscasset Municipal Building U.S. Route 1 Wiscasset, Maine 04578 Mr. Cornelius F. Holden Resident Inspector Maine Yankee Atomic Power Station U.S. Nuclear Regulatory Commission P. O. Box E Wiscasset, Maine 04578 Mr. P. L. Anderson, Project Manager Yankee Atomic Electric Company 580 Main Street Bolton, Massachusetts 01740-1398 i

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y g UNITED STATES NUCLEAR REGULATORY COMMISSION r,, .j wAssiscTom, o. c. rosss S., ...../

Docket No. 50-309 Amendment to Indemnity Agreement No. B-51 Amendment No. 10 Effective July 1, 1989, Indemnity Agreement No. B-51, between Maine Yankee Atomic Power Company and the Atomic Energy Commission, dated August 9,1971, as amended, is hereby further amended as follows:

4 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.

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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 reanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission.

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

l except (1) claims under State or Federal llorkmen's Compensation Acts of employees i 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 l 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:

(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.

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In paragraph 1, Article VIII, the amount "!5,000,000" is deleted and the I 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 9,1971, to 12 midnig t, September 14, 1972, l' inclusive

$95,000,000 (From 12:01 a.m., September 15, 1972, to

_. 12 midnight, February 28, 1974, inclusive)

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

inclusive) l

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

$140,000,000 (From 12:01 a.m., May 1, 1977, to s 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 b$0 Cecil 0. Thomas, Chief Policy Development ar.d Technical Support Branch ,

Program Management, Policy Development and Analysis Staff

) Office of Nuclear Reactor Regulation

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

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d Accepted , 1989 By Maine Yankee Atomic Power C3mpany l

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