ML20248G973

Forwards Unexecuted Amend 13 to Indemnity Agreement B-69, Reflecting Increase in Primary Layer of Nuclear Energy Liability Insurance Provided by ANI & Maelu

ML20248G973
Person / Time
Site:	Hatch, Vogtle, 05000000
Issue date:	09/20/1989
From:	Matthews D Office of Nuclear Reactor Regulation
To:	Hairston W GEORGIA POWER CO.
References
NUDOCS 8910110119
Download: ML20248G973 (6)

Text

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September 20, 1989 Docket Nos. 50-321, 50-366 Distribution:

50-424, 50-425 Docket, Fi le- E. Jordan NRC & Local PDRs B. Grimes S. Varga ACRS (10)

Mr. W. G. Hairston, III G. Lainas Hatch /Vogtle File Senior Vice President - Nuclear Operations D. Matthews Georgia Power Company L. Crocker P.O. Box 1295 . J. Hopkins Birmingham, Alabama 35201 M. Rood I. Dinitz

Dear Mr. Hairston:

OGC (info. only)

SUBJECT:

HATCH NUCLEAR PLANT AND V0GTLE ELECTRIC GENERATING PLANT - AMENDMENTS TO INDEMNITY AGREEMENTS Enclosed are amendments to your indemnity agreements 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 amendments to your indemnity agreements in the space provided and return one signed copy of each anendnent 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 L. Crocker for:

David B. Matthews, Director Project Directorate 11-3 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation

Enclosures:

Amendments to Indemnity Agreements for Hatch and Vogtle

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cc w/ enclosures:

See next page

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Mr. W. G. Hairston, III Edwin I. Hatch Nuclear Plant Georgia Power Company Vogtle Electric Generating Plant cc:

Shaw, Pittman, Potts and Trowbridge Mr. R. P. Mcdonald 2300 N Street, N. W. Executive Vice President -

Washington, D.C. 20037 Nuclear Operations Georgia Power Company P.O. Box 1295 Mr. J. T. Beckham Birmingham, Alabama 35201 Vice President - Plant Hatch Georgia Power Company Mr. Alan R. Herdt, Chief P.O. Box 1295 Project Branch #3 Birmingham, Alabama 35201 U.S. Nuclear Regulatory Com aission 101 Marietta Street, NW, Su'te 2900 Mr. S. J. Bethay Atlanta, Georgia 30323 Manager Licensing - Hatch Georgia Power Company J. A. Bailey P.O. Box 1295 Manager - Licensing Birmingham, Alabana 35201 Georgia Power Company P.O. Box 1295 Mr. H. C. Nix Birmingham, Alabana 35201 General Manager, Nuclear Plant Georgia Power Company Route 1, Box 725 Bruce W. Churchill, Esq.

Baxley, Georgia 31513 Shaw, Pittman, Potts and Trowbridge 2300 N Street , N.W.

Resident Inspector ~ Washington, D.C. 20037 U.S. Nuclear Regulatory Commission Route 1, Box 725 Mr. G. Bockhold, Jr.

Baxley, Georgia 31513 General Manager, Vogtle Electric Generating Plant Regional Administrator, Region II P.O. Box 1600 U.S. Nuclear Regulatory Commission Waynesboro, Georgia 30830 101 Marietta Street, Suite 2900 Atlanta, Georgia 30323 Office of the County Commissioner Burke County Commission Mr. Chorles H. Badger Waynesboro, Georgia 30830 Office of Planning and Budget Room 610 Office of Planning and Budget 270 Washington Street, S.W. Room 615B Atlanta, Georgia 30334 270 Washington Street, S.W.

Atlanta, Georgia 30334 Mr. J. Leonard Ledbetter, Director Environmental Protection Division Mr. C. K. McCoy Department of Natural Resources Vice President - Nuclear, Vogtle Project 205 Butler Street, S.E., Suite 1252 Georgia Power Company Atlanta, Georgia 30334 P.O. Box 1095 Birmingham, Alabama 35201 Chairman Appling County Commissioners County Courthouse Baxley, Georgia 31513

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L Mr. W. G. Hairston, III. t Georgia Power Company

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Resident Inspector -

Nuclear Regulatory Commission P.O. Box 572 Waynesboro, Georgia 30830 James E. Joiner, Esq.

Troutmen, Sanders, Lockerman,

& Ashmore 1400 Candler Building

-127 Peachtree Street, N.E. "~

Atlanta, Georgia 30303 Attorney General Law Department 132 Judicial Building Atlanta, Georgia 30323 1

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• UNITED STATES 8 o y, j NUCLEAR REGULATORY COMMISSION WASHINGTON. D. C. 20555 s;

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Docket Nos. 50-321 50-366 Amendment to Indemnity Agreement No. B-69 Amendment No. 13 Effective July 1,1989, Indemnity Agreement No. B-69, between Georgia Power Company, Oglethorpe Electric Membership Corporation, Municipal Electric Authority of Georgia, City of Dalton, Georgia and the Atomic Energy Commission, dated August 2,1973 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. "fluclear 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 cf 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 20 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 2, 1973, to 12 midnig t, August 5,1974, inclusive

$110,000,000 (From 12:01 a.m., August 6, 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 midnight, April 30, 1979 inclusive) ..

$160,000,000* (From 12:01 a.m., May 1, 1979, to 12 midnight, June 30, 1989 inclusive)

$200,000,000* (From 12:01 a.m., July 1, 1989)

FOR THE UNITED STATES NUCl. EAR REGULATORY COMMISSION

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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 8y Georgia Power Company Oglethorpe Electric Membership <

Corporation

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

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1 Accepted- ,.1989 Accepted ,1989 By By  ;

Municipal Electric City of Dalton, Georgia Authority of. Georgia l

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