ML20248E568

Forwards Amend 3 to Indemnity Agreement B-104,reflecting Increase in Primary Layer of Nuclear Energy Liability Insurance

ML20248E568
Person / Time
Site:	River Bend
Issue date:	09/21/1989
From:	Paulson W Office of Nuclear Reactor Regulation
To:	Deddens J GULF STATES UTILITIES CO.
References
NUDOCS 8910050298
Download: ML20248E568 (5)

Text

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September 21, 1989 Docket No. 50 458 Gulf States Utilities ATTN: Mr. James C. Deddens Senior Vice President (RENG)

Post Office Box 220 St. Francisville, Louisiana 70775

SUBJECT:

RIVER BEND STATION, UNIT 1 - 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-Andercon 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/

Walter A. Paulson, Project Manager Project Directorate IV Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement cc w/ enclosure:

See next page i

DISTRIBUTION

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.jo,, UNITED STATES 8 .. o NUCLEAR REGULATORY COMMISSION I$ WASHING TON, D. C. 20555 September 21, 1989

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Occket No. 50-458 a

Gulf States Utilities ATTN: Mr. James C. Deddens l' Senior Vice President (RBNG)

Post Oiiice Eox 220 St. Francisville, Louisiana 70775

SUBJECT:

RIVER BEND STATION, UNIT 1 - 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 l Act by "The Price-Anderson Amendr.ents 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, I

Q W Walter A. Paulson, Project Manager Project Directorate IV Division of Reactor Projects - III, .

IV, Y and Special Projects  !

Office of Nuclear Reactor Regulation

Enclosure:

i Amendment to Indemnity Agreement I

- cc w/ enclosure:

See next page i

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Mr. James C. Deddens Gulf States Utilities Con 4any River Bend Nuclear Plant cc:

Troy B. Conr.er, Jr. , Esq. Mr. J. E. Booker Conner ana Ketterhahn -Manager-River Bend Oversight 1747 Pennsylvania Avenue, hk F.~0. Box 2951 Washington, D.C. 20006 Beaumont, TX 77704 Mr. Les England Mr. William H. Spell, Administrator Director - Nuclear Licensing Nuclear Energy Division Gulf States Utilities Company Office of Environmental Affairs P. O. Box 220 P. O. Box 14690-St.'Francisville, LA 70775 Baton Rouge, Louisiana 70898 Richard M. Troy, Jr., Esq.

Assistant Attorney General in Charge Mr. J. David McNeill, III State of Louisiana Department of Justice William G. Davis, Esq.

234 Loyola Avenue Department of Justice New Orleans, Louisiana 70112 Attorney General's Office P. O. Box 94095 Resident Inspector Baton Rouge, Louisiana 70804-9095 P. O. Box 1051 St. Francisville, Louisiana 70775 H. Anne Plettinger 3456 Villa Rose Drive President of West Feliciana Baton Rouge, Louisiana 70806 Police Jury P. O. Box 1921 St. Francisville, Louisiana 70775 Philip G. Harris Cajun Electric Power Coop. Inc.

Regional Administrator, Region IV 10719 Airline Highway U.S. Nuclear Regulatory Commission P. O. Box 15540 Office of Executive Director Baton Rouge, LA 70895 for Operations ,

611 Ryan Plaza Drive, Suite 1000 j Arlington, Texas 76011 j l

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Docket Nos. 50-458 Amendment to Indemnity Agreement No. B-104 Amendment No. 3 Effective July 1, 1989, Indemnity Agreement No. B-104, between Gulf States Utilities Company, Cajun Electric Power Cooperative, Inc., and the Nuclear P,egulatory Commission dated January 15, 1985 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 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.

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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. , January 15,1985, to 12 midnig t, August 28, 1985, inclusive

$160,000,000* (From 12:01 a.m., August 29, 1985, 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 Ceuo. 6~-

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 Gulf States Utilities Cajun Electric Poer Cooperative Company

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

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