ML20248H991

Forwards Amend 4 to Indemnity Agreement B-91 Reflecting Changes to Financial Protection Requirements & Indemnity Agreements

ML20248H991
Person / Time
Site:	Clinton
Issue date:	09/29/1989
From:	Shemanski P Office of Nuclear Reactor Regulation
To:	Holtzscher D ILLINOIS POWER CO.
References
NUDOCS 8910120211
Download: ML20248H991 (6)

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$  ; . WASHINGTON, D. C. 20555 k * . . . . ,eb September 29, 1989 Docket ho. 50-461 Mr. Dale L. Holtzscher Acting Manager - Licensing and Safety Clinton Power Station P.O. Box 678-M611 Code V920' Clinton, IL 61727

SUBJECT:

ILLIN0IS POWER COMPANY - 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, ATTH: Ira Dinitz, Senior Insurance / Indemnity Specialist, U.S. Nuclear Regulatory Comission, Mail Stop 12E-4, Washington, D.C. 20555. If you have any questions about the foregoing, please contact Mr. Dinitz as ')1-492-1289.

Sincerely, m e . sMk Paul C. Shemanski, Acting Director Project Directorate III-2 Division of Reactor Projects - III l IV, V, and Special Projects l Office of Nuclear Reactor Regulation l

Enclosure:

Amendment to Indemnity Agreement cc w/ enclosure:

See next p69e .

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.Mr. Dale L. Holtzscher Clinton Power Station )

Illinois Power Company Unit I cc:

Mr. D. P. Hall Illinois Department Senior Vice President of Nuclear Safety Clinton Power Station Office of Nuclear facility Safety P. O. Box 678 1035 Outer Park Drive Clinton, Illinois, 61727 Springfield, Illinois 62704 Mr. R. D. Freeman .

Mr. Donald Schopfer Manager-Nuclear Station Engineering Dept. '

Project Manager Clinton Power Station Sargent & Lundy Engineers P. O. Box 678' 55 East Monroe Street Clinton, Illinois 61727 Chicago, Illinois 60603 Sheldon Zabel, Esquire Schiff, Hardin & Waite 7200 Sears Tower 233 Wacker Drive .

Chicago, Illinois 60606 -

Resident Inspector U. S. Nuclear Regulatory Commission RRf3, Box 229 A Clinton Illinois 61727 Mr. L. Larson Project Manager General Electric Company 175 Curtner Avenue, N/C 395 San Jose, California 95125 Regional Administrator, Region III 799 Roosevelt Road, Bldg. iF4 Glen Ellyn, Illinois 60137 Chairman of DeWitt County c/o County Clerk's Office DeWitt County Courthouse Clinton, Illinois 61727 I

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WASH sNGTON. D. C. 20555 I Docket No. 50-461 I

Amendment to Indemnity Agreement No. B-91 Amendment No. 4 Effective Mr.rch 27, 1989, Indemnity Agreement No. B-91, between Illinois Power Company, !!estern Illirois Power Cooperative, Inc., Soyland Power Cecperative, Inc., and the Nuclear Regulatory Connission, dated August 7, 1985, as amended, is hereby further amended as follows:

Item I of the Attachment to the indemnity agreement is deleted in its I entirety and the following substituted therefor:

Item 1 - Licensees Illinois Power Company Soyland Power Cooperative, Inc. -

FOR THE U.S. NUCLEAR REGULATORY COMMISSION Ceci' O. Thomas, Chie" A40 h f ; ; r .; '

Policy Development and Technical Suport Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted ,1989 Accepted _ ,1989 By _ _ _ By Illinois Power Company Western Illir.ois Power Cooperative, Inc.

Accepted , 1989 By Soyland Power Cooperative, Inc.

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Docket No.50-461 A,megmentto_IndemnityAgreementNo.B-91 Amendment No. 5 Effective July 1,1989, Indemnity Agreement No. B-91, between Illinois Power Company, Soyland Power Cooperative, Inc., and the Nuclear Regulatory Commission, dated August 7, 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.

l The amount "$124,000,000" is deleted wherever it appears and the arount "$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 meanir,gs 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) clair.s 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, cord.ainers used in such transportation, and the radioactive material.

Paragraph a(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.

_-______-_------___-___-_--____-_-______-__-_______a

_ _ - _ _ _ _ _ _ _ _ _ = _ .

4

. 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

- entirety and the following substituted therefor:

Item 2 - Amount of financial protection

a. $1,000,000 (From 12:01 a.m., August 7, 1985, to 12 midnig t, September 28, 1986, inclusive

$160,000,000* (From 12:01 a.m , September 29, 1986, to 12 midnig t, June 30, 1989 inclusive

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

FOR THE U.S. huCLEAR REGULATORY COMMISSION ,

15/ 0. ^: := W ~

Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management Policy Development and Analysis Staff Office Nuclear Reactor Regulation Accepted _

,1989 By Illinois Power Company I

Accepted , 1989 i

L By 5(ilandPowerCooperative,Inc.

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

1 _ _ _ - _ - _ _ _ _ - _ - _ _ _ -

i

..,-yJ,,. September 29, 1989- .1

. Docket No.- 50-461-

~Mr. Dale L. Holtzscher Acting Manager - Licensing and Safety Clinton Power Station P.O. Box 678 Mail Code V920 Clinton, IL 61727-

SUBJECT:

ILLIN0IS POWER COMPANY - 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 Connission, Mail Stop 12E-4, Washington, D.C. 20555. If you have any questions about the foregoing, please contact Nr. Dinitz at 301-492-1289.

Sincerely, Q C . 5~

i Paul C. Shemanski, Acting Director Project Directorate III-2 Division of Reactor Projects - III IV, V, and Special Projects Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement l

cc w/ enclosure:

See next page l - DISTRIBUTION Docket file NRC & Local PDRs LLuther MVirgilio 0GC Edordan BGrimes ACRS (10) JHickman PD111-2 r/f PDIII-2 g PDIIIf.f.

2 LLuther: Km PShemanski 9/.29/89 9/A7 /89

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