ML20248E780
| ML20248E780 | |
| Person / Time | |
|---|---|
| Site: | Wolf Creek  |
| Issue date: | 09/21/1989 |
| From: | Pickett D Office of Nuclear Reactor Regulation |
| To: | Withers B WOLF CREEK NUCLEAR OPERATING CORP. |
| References | |
| NUDOCS 8910050421 | |
| Download: ML20248E780 (5) | |
Text
- _ _ _..
September 21, 1989 Docket No. 50-482 Mr. Bart D. Withers President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation Post Office Box 411 Eurlington, Kansas 66839
Dear Mr. Withers:
o
SUBJECT:
WOLF CREEK GENERATING 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 aracrhent to your indemnity agreement in the space prcvided and return one signed copy to the Document Control Desk, ATTN:
Ira 01nitz, 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/
Douglas V. Pickett, Project Manager Project Directorate IV Division of Reactor Projects - III, IV, Y and Special Projects Office of Nuclear Reactor Regulation
Enclosure:
Amendment to Ir:c;cmnity Agreement cc w/ enclosure:
1 See next page i
g DISTRIBUTION Docket File NRC PDR Local PDR PD4 Reading G. Holahan F. Hebdon P. Noonan D. Pickett OGC-Rockville E. Jordan B. Grimes ACRS (10)
PD4 Plant File DR :PD4/
- PD4/PM PD4/ )
R.___:: ___ 7.____:..._________:......._____:__.... _____:. _______
NAME :PNoonan:bj
- DPi ett
- FHeb on DATE:09Q)89
- 09A0/89
- 09/3_l/89 i
0FFICIAL RECORD COPY 00 $ $ h Document Name: WC LTR 2
-- - - - --- - - - - - - - - =
l*-
a uc g,gl jo,,
UNITED STATES.
uq g
4 g
NUCLEAR REGULATORY COMMISSION
' r,, -
- y_
WASHINGTON, D. C. 20555 k
.+,/
September 21, 1989 l
g l
Docket tio. 50-482 l
I Mr. Bart D. Withers President and Chief Executive Officer Wolf Creek Nuclear Operating Corporation Post Office Box 411 l
Burlington, Kansas 66839
-l 1
Dear Mr. Withers:
q
SUBJECT:
WOLF CREEK GENERATlHG STATION - AhENDMENT TO INDEMNITY AGREEMENT l
Enclosed is an amendment to your inderanity. agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements,"
effective July 1, 1989. The amendrnents-to Part 140 reflect the increase from i
$160 million to $200 million in the primary layer of nuclear energy liability insurance prov1oed by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters. The amendments also cer.fctm to changes made to the Price-Anderson
'Act by "The Price-Anderson Amendments Act of 1988," which was enacted on August 20, l
1986.
)
Please signify your acceptance of the ar.ier.cment to your indemnit,) agreement 1
in tre spaee proviced anc return one signed ccpy to the Document Control Desk, l
ATTN:
Ira Dinitz, Senior Insurance / Indemnity Specialist, 0.5. Nuclear Regulatory Comuission, Mail Stop 12E-4, Washington, D.C.
20555.
If you have any questions escLL tne foregoing, please contact Mr. Dinitz at 501-492-1289.
Sincerely, Douglas V. Pickett, Project Maneger Proaect Directorate IV Division of Reactor Projects - 111 IV, Y and Special Projects Office of Nuclear Reactor Regulation
Enclosure:
i Amendment to Indemnity j
Agreement l-
)
cc w/ enclosure:
See next page 1
1 l
L
---___-------____9
L.
i i
Mr. Bart D. Withers Wolf Creek Generating Station j
Wolf Creek Nuclear Operating Corporation Unit No. 1
)
'cc:.
Mr. Gerald Allen.
- t
' Jay Silberg, Esq..
Public Health Physicist Shaw, Pittman, Potts & Trowbridge 1800 M Street, NW Bureau of Air Quality & Radiation Washington, D.C.
20036 Control Division of Environment Chris R. Rogers, P.E.
Kansas Department of Health
' Manager Electric Department and Environment Public Service Comission Forbes Field Building 321 P. O. Box 360 Topeka, Kansas 66620 Jefferson City, Missouri 65102 Mr. Gary Boyer, Plant Manager Re.gicnol Administrator, Region III Wolf Creek liucleiar Operotir.g Cerp.
U.S. huclear Regulatory Comission P. O. Box 411 799 Rcostveit Road Burlington, Kansas 66839 Glen Ellyn, Illinois 60137 Regional Administrator, Regiuh IV 5enior Resident inspector / Wolf Creek ll.S. Nuclear Regulatory Comission c/o D. b. Nuclear Regulatory 'Comissicn Office of Executive Director P. O. Box 311 for Operations Burlington, Kansas 66839 611 Ryan Plaza Drive, Suite-1000 Arlington, Texas 76011 Mr. Robert E111ct, Chief Engineer Utilities Division Mr. Otto Maynard, Manager Kansas Corporation Ccmmission Regulatory Services 4th Floor - State Office Building Wolf Creek Nuclear Operating Corp.
Tcpeka, Kansas 66612-1571 P. O. Box 411 Burlington, Kansas 66839 Office of the Governor State of Kansas Topeka, Kansas 66612 Attorney General 1st Floor - The Statehouse Topeka, Kansas 66612 Chairman, Coffey County Comission Coffey County Courthouse Burlington, Kansas 66839
- pucyjg UNITED STATES
- [
J:g NUCLEAR REGULATORY COMMISSION
.g j
WASHINGTON, D. C. 20555
\\....+/
l l-Docket No. 50-482 Amendment to Indemnity Agreement No. B-99 Amendment No. 4 Effective July 1,1989, Indemnity Agreement No. B-99, between Kansas Gas and Electric Company, Kansas Power and Light Company, and Kansas Electric Power Cooperative, Inc., and the Nuclear Regulatory Comission, dated May 9, 1984, 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 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 tir. importation 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 i
and the cause thereof.
1 j
.g>
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., May 9, 1984, to 12 midnig t, March 10, 1985, inclusive
$160,000,000*
(From 12:01 a.m., March 11, 1985, to 12 midnig t, June 30, 1989 inclusive
$200,000,003*
(From 12:01 a.m., July 1,1989)
FOP,THE UNITED STATES NUCLEAR REGULATORY COMMISSION e
[.
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 Kansas Gas and Electric Kansas Electric Power Company Cooperative, Inc.
Accepted
, 1989 By Kansas Power and Light Company
- and, as of August 1,1977, the amount available as secondary financial protection.
_-