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$~4$$$$I~b*0 G 4 E4n$UNITED STATES.ATOMIC ENERGY COMMISSION WASHINGTON, D.C.20545 AMENDMENT NO.6 TO INDEMNITY AGREEMENT NO.B-36 Effective March 1, 1972, Indemnity Agreement No.B-36, between Niagara Mohawk Power Corporation and the Atomic Energy Commission, dated August 16, 1967, as amended, is hereby further amended as follows: Article II, Paragraph 8(a)is amended by deleting the amount"$63,550,000" wherever it appears and substituting therefor the amount"$73,625,000." Article II, Paragraph 8(b)is amended by deleting the amount"$18,450,000" wherever it appears and substituting therefor the amount"$21,375,000." Article II, Paragraph 8(c)is amended by deleting the amount"$82,000,000" wherever it appears and substituting therefor the amount"$95,000,000." Article III, Paragraph 4(b)(2)is amended by deleting the amount"$82,000,000" and substituting therefor the amount"$95 000 000" Item 2a.of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor: Item 2-Amount of financial protection a.$1,000,000 (Prom 12:01 a.m., August 16, 1967, to 12:00 midnight, August 21, 1969, inclusive)
$~4$$$$I~b*0 G 4 E4n$UNITED STATES.ATOMIC ENERGY COMMISSION WASHINGTON, D.C.20545 AMENDMENT NO.6 TO INDEMNITY AGREEMENT NO.B-36 Effective March 1, 1972, Indemnity Agreement No.B-36, between Niagara Mohawk Power Corporation and the Atomic Energy Commission, dated August 16, 1967, as amended, is hereby further amended as follows: Article II, Paragraph 8(a)is amended by deleting the amount"$63,550,000" wherever it appears and substituting therefor the amount"$73,625,000." Article II, Paragraph 8(b)is amended by deleting the amount"$18,450,000" wherever it appears and substituting therefor the amount"$21,375,000." Article II, Paragraph 8(c)is amended by deleting the amount"$82,000,000" wherever it appears and substituting therefor the amount"$95,000,000." Article III, Paragraph 4(b)(2)is amended by deleting the amount"$82,000,000" and substituting therefor the amount"$95 000 000" 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 (Prom 12:01 a.m., August 16, 1967, to 12:00 midnight, August 21, 1969, inclusive)
$82,000,000 (From 12:01 a.m., August 22, 1969, to 12:00 midnight, February 29, 1972, inclusive)
$82,000,000 (From 12:01 a.m., August 22, 1969, to 12:00 midnight, February 29, 1972, inclusive)
$95,000,000 (Prom 12:01 a.m., March 1, 1972)POR THE UNITED STATES ATOMIC ENERGY COMMISSION Jerome Saltzman, Chief Indemnity and Expor+Control Branch Division of State and Licensee Relations Accepted March 2 1972 By NIAG MOHAWK POWER CO ORATION I f RECE1VED MAR 2 1972 iNSllRANCE D~PT.  
$95,000,000 (Prom 12:01 a.m., March 1, 1972)POR THE UNITED STATES ATOMIC ENERGY COMMISSION Jerome Saltzman, Chief Indemnity and Expor+Control Branch Division of State and Licensee Relations Accepted March 2 1972 By NIAG MOHAWK POWER CO ORATION I f RECE1VED MAR 2 1972 iNSllRANCE D~PT.
(>FRDNL itt8gl?lLZO Syracuse, N.Y-(E.R.Xnderbitzin)
(>FRDNL itt8gl?lLZO Syracuse, N.Y-(E.R.Xnderbitzin)
TOI DATE OF OOCUMENT: LTR.ORIG.: I..OATS RECEIVED MEMOIR~K PORT OTNER: CLASSIFI L.Johnson POST OFFICE ACTION NECESSART Q NO ACTION NECESSARY Q FILE COOK CONCURRENCE COMMENT Q DATE ANSWERED: Q BVI DEscRIFTIDNI (Must Be UIIeisssitied)
TOI DATE OF OOCUMENT: LTR.ORIG.: I..OATS RECEIVED MEMOIR~K PORT OTNER: CLASSIFI L.Johnson POST OFFICE ACTION NECESSART Q NO ACTION NECESSARY Q FILE COOK CONCURRENCE COMMENT Q DATE ANSWERED: Q BVI DEscRIFTIDNI (Must Be UIIeisssitied)

Revision as of 01:56, 26 April 2019

Submittal of Copy of Endorsement No. 55 to Nelia Policy No. NF-161, Which Amends Condition 4 and the List of Subscribing Companies in Their Proportionate Liability
ML18018B299
Person / Time
Site: Nine Mile Point Constellation icon.png
Issue date: 03/21/1977
From: Rushmore J W
Niagara Mohawk Power Corp
To: Saltzman J
Office of Nuclear Reactor Regulation
References
Download: ML18018B299 (186)


Text

NPC I:OBM 195<2.TSI U.S.NUCLLAB BEGVLATOAY C<'SSION DOCKET NUMOEB 50-220 NRC DISTRlDUT'lON rnB PART 50 DOCI(ET MATERIAL a FILE NUMBEA Mr.Jerome'Saltzman I'RPM: Niagara Mohawk Power Corp.'yracuse, New York J W Rushmore DATE OF DOCVMFNT 3/21/77 DATE BECEIVED 3/23/77 EfLETTE A JgoBIGINAL PCOPY'ESCAIPTION QNOTOAIZED guNCLaSSIFIED PAOP INPUT FOAM ENCLOSV BE NUMOEB OF COPIES AECEIVED One ATTACHED FOR YOUR ACTION/INFO IS'COPY OF INDEMNITY/ENDORSEMENT AGREEMENT FOR PERIOD INDICATED......

P.LANT PANE: Nine Mile Point No.1 (3-P)RJL FOR ACTION/INFORMATION INTFRNAL 0 IST R I I3UT I ON NRC PDR DINITZ (2)H.JORDAN NSIC TIC L=>'I'LII'NAL LIISl R II3UTION CONTI3OL NUMI3f: R I ,>e')~lcV V 489 I O.I F NIAGARA MOHAWK POWER CORPORATION

~>>lIm,, NIAGARA<<~I MOHAWK 300 ERIE BOUI.EVARO, WEST SYRACUSE, N.Y.I3202~e@,~Oft@p ale March 21, 1977 Mr.Jerome Saltzman, Director Office of Antitrust and Indemnity U.S.Nuclear Regulatory Commission Washington, D.C.20555 Re: Docket 050-220

Dear Mr.Saltzman:

Enclosed is a copy of Endorsement No.55 to NHI IA Policy No.NP-161, which amends Condition 4 and the list of subscribing companies in their propor-tionate liability.

Very truly yours,.W.Rushmore, Supervisor

-Insurance System Risk Management JWR/cnw Enclosure'I 70'ICI033 (

~M E C~W 0 C~+),~i~+,~I~'Nu ar Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDMENT OF CONDITION 4 AND AMENDMENT IN 1977 SUBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITY ENDORSEMENT It is agreed that: 1.with respect to bodily injury or property damage caused after , the effective date of this endorsement by the nuclear energy hazard, the figure$96,875,000 stated in'Condition 4 of the'olicy is amended to read$108,500,000.

2.the listing of subscri bing companies and their proportionate liability for calendar year 1977 shown on the reverse side of the Advance Premium and Standard Premium Endorsement for Calendar Year 1977 is replaced by the listing on the reverse side of this endorsement.(over)This.is to certify that this is a true copy of the'original Endorsement having tho endor" ament number~ad b i an o ng made part of the Nuclear Zne"gy Liability Po'.ticy (Facilit F)gnated her on.No Insurance is afforded hereunder.

Charles H.Ha les'a.ager-Liability Underwriting Nuclear Energy Lia i ty-Property Insurance Assoc.Effective Date of this Endorsement Issued to January 1, 1977 12:Ot A.M.Standard Time Nia ara Mohawk Power Cor oration To form a part of Policy No NF-161 Date of Issue Jan a r 31 1 977 For the su cribing co panies Endorsement No NE-43D (1/1/77)55 By Countersigned by General Manager

~~'l E V I h, I I I

~~~4'i SUBSCRIBING COHPANIES PROPORTION OF 100%Aetna Casualty and Surety Co., The, 151 Farmington Ave., Hartford, CT 06156 Aetna Insurance Company, 55 Elm St., Hartford, CT 06115 Allstate Insurance Co., 8324 Skokie Blvd., Skokie, IL 60076 American Home Assurance Co., 102 Haiden La., New York, NY 10005 American Hotorists Insurance Co., Long Grove, IL 60049 Centennial Insurance Co., 45 Wall St., New York, NY 10005 Commercial Union Insurance Co., One Beacon St., Boston, HA 02108 Continental Casualty Co., CNA Plaza, Chicago, IL 60685 Continental Insurance Co., The, 80 Haiden La., New York, NY 10038 Federal Insurance Co., 51 John F.Kennedy Pkwy., Short Hills, NJ 07078 Fireman's Fund Insurance Co., 3333 California St., San Francisco, CA 94119 General Accident Fire and Life Assurance Corp., Ltd.414 Walnut St., Philadelphia, PA 19105 Great American Insurance Co., 580 Walnut St., Cincinnati, OH 45201 Gulf Insurance Co., 3015 Cedar Springs, Oallas, TX 75221 Hanover Insurance Co., The, 440 Lincoln St., Worcester, HA 01605 Hartford Accident and Indemnity Co., Hartford Plaza, Hartford, CT 06115 Hartford Steam Boiler Insp.6 Ins.Co., The, 56 Prospect St., t(artford, CT 06102 Home Indemnity Co., The, 59 Haiden La., New York, NY 10038 Insurance Co.of North America, 1600 Arch Street, Philadelphia, PA 1910l Haryland Casualty Co., P.O.BOX 1228, Baltimore, HO 21203 Monarch insurance Co.of Ohio, The, 19 Rector St., New York, NY 10006 Northwestern National Ins.Co., 731 No.Jackson St., Hilwaukee, WI 53202~Pacific Indemnity Co., 3200 Wilshire Blvd., Los Angeles, CA 90054 Peerless Insurance Co., 62 Haple Ave., Keene, NH 03431 Phoenix Assurance Co.of New York, 80 Haiden La., New York, NY 10038 Protective Insurance Co., 3100 No.Iieridian St., Indianapolis, IN 46208 Providence Washington Insurance Co., 20 Mashington Place, Providence, Rl 02903 Puritan Insurance Company, 1515 Sumner St., Stamford, CT 06905 Reliance Insurance Company, 4 Penn Center Plaza, Philadelphia, PA 19103 Royal Globe Insurance Company, 150 Milliam Street, New York, Hew York 10038 St.Paul Fire 8 Harine Ins.Co., 385 Washington St..St.Paul, HN 55102 Seaboard Surety Co., 90 William St., New York, NY 10038 Security Insurance Company of Hartford, 1000 Asylum Ave., Hartford, CT 06101 State Farm Fire 6 Casualty Company, 112 East Mashington St., Bloomington, IL 61701 Transamerica Insurance Co., 1150 So.Olive St., Los Angeles, CA 90015 Travelers Indemnity Company, The, One Tower Square, Hartford, CT 06115 United States Fidelity and guaranty Co., P.O.BOX 1138, Baltimore, HD 21203 United States Fire Insurance Co., Hadison Ave.at Canfield Rd., Horristown, NJ 07960 2urich Insurance Co., 111 West Jackson Blvd., Chicago, IL 60604-NE-77a 11.4807836 2.3753345 4.7506691.6730115.3958891.3958891 3.4838240 4.4339578 6.3342254 1.2668451 4.3547800 1.3460229 1.3301873.1583556.4750669 7.9177818.4354780 2.7712236 6.3342250 1.5835564.2771224.5542447.3167113.0989723.4750669.1583556.0989723 2375335 1.2668451 3.5630018 3.9335540.3167113 1~0689005.7917782.6334225 11.2432501 9.0262712 2.8504014.7917782 Attachment to Endorsement No.55.

RECEIVEO 00CUMFNT paccEsswo unr'rrhMR K pg>l7 EUGENE J.MOREL VICC PASSIDSNT INSURANCC'gUi<<on Becket File NIAGARA MOHAWK POWER CORPORATION II+I NIAGARA~MOHAWK 300 ERIE ISI3ULEVXAD WEST SYRACUSE, N.Y.13RD@July 17, 1975 Jerome Saltzman, Deputy Chief Office of Antitrust 8z Indemnity Nuclear Reactor Regulation United States Nuclear Regulatory Commission Washington, D.C.20555

Dear Mr.Saltzman:

In response to your letter of June 26, 1975, here is,a signed copy of Amendment No.10 revising the indemnity location description.

EJM/cig Enclosure 0 C S C ls j pj7, Docket No.50-220 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C.20555 AMENDMENT TO INDEMNITY AGREEMENT NO.B-36 AMENDMENT NO.10 Effective June 25, 1975, Indemnity Agreement No.B-36, between Niagara Mohawk Power Corporation, and the Atomic Energy Commission, dated August 16, 1967, as amended, is hereby further amended as follows: Item 4 of the Attachment to the indemnity agreement.

is deleted in its entirety and the following substituted therefor: Item 4-Location All the premises including the land and all buildings and structures known as the Nine Mile Point Nuclear Station (including but not limited to Units 1 6 2)a)shown as being within the heavy dashed line (PHHHHK)on a reproduced portion of drawing number 12177-FM-lA-3, a copy of which is attached hereto and made a part hereof and b)also including the entire intake and discharge structures.

The Nine Mile Point Nuclear Station is located on the southeast shore of Lake Ontario approximately eight (8)miles northeast of the City of Oswego, Oswego County, New York.FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Je ome Saltzman, eputy ief Office of Antit st 6 Indemnity Nuclear Reacto Regulation Accepted une 30 1975 By NI+gARA AWK POWER CORPORATION

~pulpy e~o m IMPS)91+

F~I l June 26, 1975 Nr.E.J.Morel Vice President, Insurance Niagara Mohawk Pover Corporation 300 Erie Boulevard West Syracuse, New York 13202

Dear Mr.Morel:

z Enclosed are two copies of Indemnity Agreement No.B-36, Amendment No.10, reflecting a change in the pp zz indemnity location description to include the entire Unit 2 construction area.We would appreciate your executing both copies of the amendment and returning one copy to us.I Signoh Jerome D Seltimen Jerome Saltzman, Deputy Chief Office of Antitrust 6 Indemnity Nuclear Reactor Regulation Enclosrue As stated Distribution:

OAI Reading I.Dinitz Reading Subject File NRR:, NRR k/.5.'.,2'?

5,g,, tzm n svRHAMsem 6/Q/7s oATcem'orm ABC-318 (ROT.9.$5)hECM 0240 A.O'I OOVSRNMSNT, PRINTINO ORNICSI IOT4 424 144 4 N V 4 f~I 4 l I 1~),I I I~P l IN Docket No.50-220 AMENDIKNT TO INDEMNITY AGREEMENT NO.B-36 2QKNDMENT NO.10 Effective June 25, 1975, Indemnity Agreement No.B-36, between Niagara Mohawk Power Corporation, and'the Atomic Energy Commission, dated, August.16, 1967, as amended, is hereby further amended as follows: Item 4 of the Attachment to the indemnity agreement.

is deleted in its entirety and the following substituted therefor: Item 4-Location All the premises including the land and all buildings and structures known as the Nine Mile Point Nuclear Station (including but not limited to Units 1 6 2)a)shown as being within the heavy dashed line (K&fKKR)on a reproduced portion of drawing number 12177-FM-lA-3, a copy of which is,'ttached hereto and.made a part hereof and b)also including the entire intake and discharge structures.

The Mine Mile Point Nuclear Station is located on the southeast shore of Lake Ontario approximately eight (8)miles northeast, of the City of Oswego, Oswego County, New York.FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Slpned.Jerome D.Saftzrnarr 1 Jerome Saltzman, Deputy Chief Office of Antitrust&Indemnity Nuclear Reactor Regulation Accepted 1975 By NIAGARA MOHAN POWER CORPORATION Distribution:

Licensee (2 originals)

Docket Files PDR ELD Div.Labor Rel.RO Indemnity IDinitz Reading OAI Reading orrrcd~DURNAMd&OATd&NRR@AI, IDin tz:na 6/t'f75 NRR: OAI gSaltzman 6//75 Porm hEC 818 (ReT.9.53)'XCM 0240 4 U, 41 OOVdRNMdNT PRINTINO OPPICdl 1474 444 144 P'jl~IF*t IFFY I'I I 4F I I tt*I~I~T'T" C tt T I's~~r I n YlI)TP I FT t), I t F>k J I-I'at wa e tl 1~~T P ARVIN C.UPTON LEONARD M.TROSTEN WI I.LIAM O.DOUG<ADM.MARYLAND)EUGENE 8 THOMASs JR HARRY H.VOIGT L.MANNING MUNTZING LCX K.I.ARSON HENRY V.NICKEL WAS HIM GT0 H PART H E R S June 25, 1975 WASHINGTON TELEPHONE 202 872 8668 CABLE ADDRESS LALALU, WASHINGTON D.C.TELEX(440274 LAW OFFICES OF LEBOEUF, LAMB,LEIBY 8 Is(ACRAE~(PI++O l757 N STREET, N.W.WAsHINGTQN, D.C.20036 Regotatog UDQAK 4'H8'I'g;" Mr.Ira Dinitz.4 Indemnity Specialist

'fficeof Antitrust and Indemnity.~'y+,8 Nuclea'r Reactor Regulation Nuclear Reg'ulatory Co'mmission Washi'ngton, D.C.20555 p sY7qwlg Re: Site Definition

-Tndemnity AgreementlB-3E-'

Nin'e Mil'e Point;,Scriba','e'w Yo'rk s

Dear Mr.Dinitz:

, In accordance with our conversation this morning, I enclose'ei.'ght (8)copies'f the location whi'ch is in the reduced size'you'equested.

Since the Indemnity Agre'ement is amended, effective today, I assume tha't.you will send directly to Niagara Mohawk a copy of the revised location definition.

Thi:s letter'hould be directed to: Mr.E.J.Morel Vice Presiden't

-Insurance Niagara Mohawk Powex'orporation

, 300 Erie Boulev'ard Wes't Syracuse,'ew, York 13202 Thank you very much for your,.very prompt and couxteous.cooperation.

2 Sincerely-yours,'cc: Mr.E.J.Morel, w/enc.

II*U Il U U U 11 p~*p'I p"U fll U'V, UUP UIU lo I 10 I 1\I 2'll-ÃI3 CLIZI IOD IITIA DIICII~IC thhCC t~hE 11\t 1th'ttot hh VII OA WT t STIOI 8 (NACIC 0 e~AIV TO 4 CAITI ITICC 0 III TAO\hi,~IVCCCI I I IIIAII 40~A>>$l hf TlhthA 1 thtth'A Ith'Ilhht httottthttl OCOICT TOOT OttIC 10'CT MZ I IOT 000TC IACC Dttth et'l DITAO Il'tt~Ct Wt~~I'Ilht~~~WI I II~IIT thIITATITTI

~htthh ITO P le~ITl A hhTAI DTC C04%CO SDthttt DAIThtat'h

[~4th~CIO hl thtPIO+O l)f 1 A ICO0 aTTCAO Ihttlthhthotllth>>

CooothOI ITITIO tthlW KMI AA IIT JICTO IVIOCD 10 11 I I I 0 htt~tt>>ATT IK~Thtt NT000~0 ICTITTCO I thtthtt 00[I I I I~OOKSTC I O'I DA DION%TCAl Tl Itlt I I 0 hCTTTTO 1toh 0tt IIAA tO ICOT IhhthhhV httttohl hh~%0\~he%~Ol OTAA h PLOT PLA!4 QJ Nhl hhh 12l77-FM-IA-3 QI'",0 4~p LP LAW OFFICES OF~(@I J)~t JPegulatory ocleI:.I" ARVIN E.UPTON LEONARD M.TROSTEN WILLIAM O.DOUB (ADM.MARYLAND)lEEIGENE B.THOMAS'R.~RRY H.VOIGT I..MANNING MUNTEING LEX K.LARSON HENRY V.NICKEL WASHINGTON PARTNERS LEBOEUF, LAMB, LEIBY 8c MACRAE l767 N STREET>N.W.WAsHINGTQN, D.C.20036 June 24, 1975 I40 BROAOWAY NEW YORK, N~Y.I0005 WASHINGTON TELEPHONE 202 872-BBBB CABLE ADDRESS LALALVe WASHINGTON 0 C TELEX: 440274 Jerome Saltzman, Esp..Deputy Chief I BOCKTTgo USNEC Office of Antitrust and Indemnity Nuclear Reactor Regulation Nuclear Regulator Commission Washington, CT g)97'.Re: AIDII D.C.20555 4I SsYI~Site Definiti'on

-Indemnity.

Agree 6p BQG Nin'e Mi;le'oint',:

Sc'riba',:

New York~.co'

Dear Mr.Saltzman:

Thi;s letter.confi'rms our conversation of this afternoon regarding a change in location definition in.the above-captioned matter'.As I told you, Niagara Mohawk has dec'ided to~start construction of Nine Mile Point 2 immediatel'y.

Mater'ial for, such'construction is'already on the site and it is,',the'refore,'rgent that we'recei've as soon as possible the'"neces'sary cha'nge.in the'location definition.

The Nuclea'r Pool policies will also be.changed in order that they will be*iden'tical with tho'se in the'ndemnity.

Agreement.'he'resent 1'ocati'on is listed on Amen'dment No.4, effective August 22, 1969, to, Niagara Mohawk's Indemnity Agreemen't No.-B-36.The definition of location preferred is as follows: HAll buildings and land as bounded in the attached drawing 12177-FM-lA-3 by the distinctive I I 4 W t't S ,i l V f fl g'J IL North-extending to the mean water line of Lake Ontario;East-extending to the property line of the Power Authority of the State of New York;South-extending to grid coordinate Nl,280,000 (New York State coordinate system based on universal mercator projection; Central Zone);West-extending to Niagara Mohawk Power Corporation's property line at Lakeview, New.York-Nine Mile Point Nuclear Station, Scriba, New York." We certainly appreciate your cooperation in this matter.Sincerely yours, Attorneys or Niagara Mohawk Power Corporation I

iA4,",j~~'~,.',4,>E':-';D Q~~T,'>~4 II~.300 ERIE BOULEVARD WEST-CKhOÃLEDGED MOHAWK POWER CORPORATtOH C.A>>l'>>, NIAGARA~MOHAWK SYRACUSE, N, Y.l3202 Mr.Jerome Saltzman, Deputy Chief Office of Antitrust and Indemnity Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D.C.20555 Re: Docket No 50-220 April 14, 1975 12L n 1<)[

Dear Mr.Saltzman:

Recently you forwarded to the System In-s'urance Department of Niagara Mohawk Power Corpora-tion Amendment 9 to Indemnity Agreement No.B-36, one copy of which was to be signed and returned to you.In the process of attaching this amendment to the original copy of this Agreement, we discovered that the last amendment attached to this Agreement was No.7.Will you please forward to this department a copy of Amendment No.8Y Very truly yours, George T.Wallace, Supervisor System Insurance GTW/cnw.~a,j 4I.'EIZ

~~

NIAGARA MOHAWK POWER CORPORATION

.()I'IM, NIAGARA~MOHAWK 300 ERiE SOULEVARO WEST SYRACUSE, H.Y, f3202 April 11, 1975 s Mr.Jerome Saltzman, Deputy<Chief Office of Antitrust Ik Indemnity" Nuclear Reactor Regulation Nuclear Regulatory Commisston

."'., S.Washington, D.C.20555 f Re: Docket No 50-220-"--

IAL)/i..A)

Dear Mr.Saltzman:

In accordance with the request contained in your letter, dated March 21, 1975, enclosed is a signed copy of Amendment No.9 to our Indemnity Agreement No.B-36.This amendment increases the available nu-clear energy liability insurance provided by NELIA and MA ELU from$110, 000, 000 to$125, 000, 000.Very truly yours, George T.Wallace, Supervisor System Insurance GTW/cnw Enclosure i>)

~, C (t~Docket No.50-220 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C.20555 AMENDMENT TO INDEMNITY'AGREEMENT NO.B-36 AMENDMENT NO.9 Effective March 21, 1975, Indemnity Agreement No.B-36, between Niagara Mohawk Power Corporation, and the Atomic Energy Commission, dated August 16, 1967, as amended, is hereby further amended as follows: The name"United States Atomic Energy Commission" is deleted wherever it appears and the name"United States Nuclear Regulatory Commission" is substituted therefor.The amount"$110,000,000" is deleted wherever it appears and the amount"$125,000,000" is substituted therefor.I The amount"$85,250,000" is deleted wherever it appears and the amount"$96,875,000" is substituted therefor.The amount"$24,750,000" is deleted wherever it appears and the amount"$28,125,000" 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 16, 1967, to 12 midnight, August 21, 1969, inclusive) 82,000,000 (From 12:01 a.m., August 22, 1969, to 12 midnight, February 29, 1972, inclusive)

~l 4 r-1 1

/~A~~k.~95,000,000 110,000,000 (From 12:01 a.m., March 1, 1972, to 12 midnight,, February 28, 1974, inclusive)

V (From 12:01 a.m.,=March 1, 1974, to~12 midnight, March 20, 1975, inclusive) 125,000,000 (From 12:Ol a.m., March 21, 1975)FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Jerome Saltzman, g puty Chief Office of Antitrust 6 Indemnity Nuclear-Reactor Regulation Accepted~., 1975~y~~-Vice pr'esident

-Insurance WIQ RA)0 WK POWER COR ORATIOW ri~~.~g 4*I Docket No.50-220 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C.20555 MAR 2'l.1975 Niagara Mohawk Power Corporation ATTN: E.R.Inderbitzin, Supervisor

'ystem Insurance Department 300 Erie Boulevard.

West Syracuse, New York 13202 Gentlemen:

We are enclosing herewith.an amendment.to your indemnity agreement reflecting the amendment to 10 CFR.Part.:140,"Financial Protection Requirements and Indemnity Agreements," effective March 21, 1975.The amendment to Part 140, a.copy, of.which is.also enclosed, gives effect to the recent increase from$110 million to$125 million in available nuclear enexgy liability insurance provided by Nuclear Energy Liability Insurance Association and.Mutual.

Atomic Energy Liability Underwriters.

We would appreciate.

your indicating,.your acceptance of the amendment to your indemnity agreement in, the space provided and ret'urning one signed copy.If you have any.questions about the foregoing, please let us know.Sincerely, Jerome Saltzman, Deputy Chief Office of Antitrust&Indemnity Nuclear Reactor&egulation

Enclosures:

l.'Amendment to Indemnity Agreement 2.Amendment to 10 CFR Part 140

Docket No.50-220 1 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C.20555 AMENDMENT TO INDEMNITX AGREEMENT NO.B-36 AMENDMENT NO.9 Effective March 21, 1975, Indemnity Agreement No.B-36, between Niagara Mohawk Power Corporation, and the Atomic Energy Commission, dated August 16, 1967, as amended, is hereby further amended as follows: The name"United States Atomic Energy Commission" is deleted wherever it, appears and the name"United States Nuclear Regulatory Commission" is substituted therefor.The amount"$110,000,000" is deleted wherever it appears and the amount"$125,000,000" is substituted therefor.The amount"$85,250,000" is deleted wherever.i<appears and the amount"$96,875,000" is substituted therefor.The amount"$24,750,000" is deleted wherever it appears and the amount,"$28,125,000" 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 16, 1967, to 12 midnight, August 21,,1969, inclusive) 82,000,000 (From 12:01 a.m., August 22, 1969, to 12 midnight, February-29,-1972, inclusive)

95,000,000 110,000,000 (From 12:Ol a.m., March 1, 1972, to 12 midnight, February 28, 1974, inclusive)(From 12:Ol a.m., March 1, 1974, to 12 midnight, March 20, 1975, inclusive) 125, 000, 000 (From 12: 01 a.m., March 21, 1975)FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Jerome Saltzman, p puty Chief Office of Antitrust 6 Indemnity Nuclear Reactor Regulation Accepted 1975 By NIAGARA MOHAWK POWER CORPORATION p~e ,~C 0 Uocket f<o.60>>220'WiEHDNEHT TO IWDEtlHITY AGREElIENT HO..8-36 QlEi'JDf~iEHT HO.6 DEC 2 6'874 Effective , Indemnity Agreement August 16, 1967, as amended, between Hiagara Mohawk and the, Atomic Energy Commission, is hereby further Item 3 of the Attachment to the indemnity agreement entirety, and the following substituted therefor: Item 3-License number or numbers Ho.8-36, dated Power Corporation amended as follows: is deleted in its SHi1-1028 UPR-17 DPR-63 (Fr om (Frori>(Fl olil 12:01 a.m., August 16, 1967, to 12:00 midnight, August 21, 1969 inclusive)

'12:01 a.m., August 22, 1969, to 12:00 midnight DEC 3 g@74 inclusive) 12,:01 a.m., ,PEC 3 6+4 Accepted$1974 By HIRGRIIR HOHAHR POiiER CORPORRTIOii FOR THE 01<ITEU STATES ATOi~iIC EHERGY COiLlISSIOH s/Abraham Braitman, Chief Office of Antitrust 8 Indemnity Directorate of Licensing Distribution:" Licensee (2 orig.)PDR OGC Docket Files Di v.Labor Relations RO Desk Indemnity File IDinitz Reading OAI Reading OPP ICE~SURNAME~DATE~, OAI IDinitz:nva

.....1.2I..,R4........

OAI ABraitman 1.2/..,/,7,4.....

Forrs AKC 318 (Rev.9.33)AKCM 0240 r OPO C4$1~~14021 520 244 0~I'I I 1<<P f~*1 I I~~~~A l AEC DIS~BUTIO'.i FOR PA"..T 50 DOC".".T MATF"~AL (TEMPORARY FOPii)CONTROL NO: 2814 FILE:'C C PRON: Niagara Mohawk Power Corp.Syracuse,.N.Y.13202 G.T.Wallace DATE OF DOC 3-29-74 DATE REC'D 4<<2-74 Y"-"!0 CT:=.R CLASS J.Saltmyan UNCLASS XXXXX PROP INFO ORIG 1 signed INPUT CC OTi~R NO CYS R""O'D 1 SENT AEC PDR SENT LO"AL?D?X DOCKET?0: 50-220 DESCRIPTION:

Ltr trans the.following:

ENCLOSURES:

Amdt to Indeminty Agreement No.B-36, Amdt 07 returned, signed 6 accepted, dtd: 3-29>>74 PLANT NAt1E: Nine Mile Point Unit 1 ONOT REMOVZ (1 cy rec'd)u4ALTZMAN (OAQ w/1 copies FOR ACTION/IBFOR.'bYTION

.4-5-74 GC INTERNAL DISTRIBUTION G FIL C DR w/1c:opies vdGC w/lcopies ONER w/lcopies Rm C-261, GT.CLARK w/copies OTHFRS:.Rm CA-234, GT.EXTERNAL DISTRIBUTION

~OCAL PDR Oswe o~TIE BASIC h'~wwigg>).,~rg'<<)g'>>)p~1',\I i~)4"',)4 i.~,"s't.<f~(lq'.fl')>"')'Jl w.Sll, L>4 I"<>8't~>i.llew

~q))gg q)" i q(f>)"~$i",~flgllgk",J9g

~~l',)J p,p~lt (,;, ko<II'

'It'egIIlatory Docket File 300 ERIE SOUI.EVARD WEST 50-g.g y NIAGARA MOHAWK POWER CORPORATION,,I'I NIAGARA'MOHAWK ALIIS jgpg~I"~~>IG~gq r;.~~SYRACVSK, N.Y.I3202 March 29, 1974'*Mr.Jerome Saltzman, Deputy Chief Office of Antitrust 8z Indemnity Directorate of Licensing United States Atomic Energy Commission Washington, D.C.20545 Re: Docket No.50-220

Dear Mr.Saltzman:

8l DOCKETED OSAEC gi p,pg'3'1974~q~C;V~otiV 5qA!).s8'8, In accordance with your instructions, enclosed is one signed copy of an amendment to our indemnity agreement reflecting the amendment to 10 CPR Part 140,"Financial Protection Requirements and Indemnity Agreements, effective March 1, 1974.Very truly yours, George T.Wallace, Supervisor System Insurance GTW/cnw Bnclosure C g'I (gl*0 0 UNITED STATES ATOMIC ENERGY COMMISSION WASH I NGTON, D.C.20545 O~AECC 0<Docket No.50-220 AMENDMENT TO INDEMNITY AGREEMENT NO.B-36 AMENDMENT NO.7 Effective March 1, 1974, Indemnity Agreement No.B-36, between Niagara Mohawk Power Corporation and the Atomic Energy Commission, dated August 16, 1967, as amended, is hereby further amended as follows: The amount"$95,000,000" is deleted wherever it appears and the amount"$110,000,000" is substituted therefor.The amount"$73,625,000" is deleted wherever it appears and the amount"$85,250,000" is substituted therefor.The amount"$21,375,000" is deleted wherever it appears and the amount"$24,750,000" 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 82, 000, 000 (From 95,000,000 (From 110,000,000 (From a.$1, 000, 000 (From 12:01 a.m., August 16, 1967, to 12:00 midnight, August 21, 1969, inclusive) 12:01 a.m., August 22, 1969, to 12:00 midnight, February 29, 1972, inclusive) 12:Ol a.m., March 1, 1972, to 12:00 midnight, February 28, 1974, inclusive) 12:01 a.m., March 1, 1974)FOR THE UNITED STATES ATOMIC ENERGY COMMISSION Jerome Sa tzman, Dep ty Chief Office of Antitrust 6 Indemnity Directorate of Licensing Accepted March 29 1974 By NIAG MOHAWK POWER CORPO TION

'V (0 A tl E 6 I't AEC DYSTRYBUT C;FDR P,,",T 50 DCCL-,T F'AT=EYED (TDlP01'LRY FOP 1)'I~'o:;TROL NO: 2985 PILE:Z PRO:4:.Niagara Mohawk Power Corp.Syracuse,.N, Y, 13202 E.J.Morel DATE OF DOC 3-27-74 DATE REC'D 4~5~74 LTR FO L.Johnson ORIG 1 signed CC OTiF"-R SE ET A" C?DR X SENT LEAL?"R CLASS UNCLASS XXX PROP I?irO INPUT NO CYS R""O'D 1 DOCKET?:0: 50-220 DESCRIPTION

.'tr trans the folloicing:

ENCLOSURES:

Endoraement 029&30 to MAELU Policy O'MF-46 ACKNOWLEDGED QQ NOT REMOVE PLANT NA?E: Nine Mile Point Unit 4'1 (2 cys rec'd)'~ALTZMA?<(OAI)w/~<copies FOR ACTIG'.i/I:iFOR':f;YTION 4-8>>74 GC INTERNAL DISTRIBUTION

,~C PDR w/1 copies OGC w/copies HAGGLER w/copies Rm C-261, GT~~LARK w/lcopies OTHERS: Rm CA-234, GT EXTERNAL DISTRIBUTION CVOCAL PDR Oswe o~+YE lf4C(("~i~4 44'4 (44('4'4 1,

~S@IItoI DOCIIht File NIAGARA MOHAWK POWER CORPORATION

~)III~~NIAGARA~'OHAWK 300 ERIE SOULEVARD WEST SYRACUSE, N.Y.IS202 March 27, 1974 ,sPp,.rgb C'~ri Mr.Lyall Johnson, Director Division of State%Licensing Relations Atomic Energy Commission Washington, D.C.20545 Re: Docket No.50-220

Dear Mr.Johnson:

Rc u~~gag Ql hl4l 0 4lORy DOCI'AT Ecll0H CL@g Attached are copies of Endorsements No.29 and No.30 to MAELU Policy No.MP-46 and representing, respectively, amendment of Condtion 4 of the policy and the increase of the Limit of Lia-bility to read$24,750,000.

Very rruly yours,.J.Morel, Manager System Insurance EJM/cnw Enclosure h C~~

NUCLEAR ENER,GY LIABlPI$7 INSURANCE I MUTUAL ATOMIC~ERQY PIABILITY UIIDERQRITERB Amendment of Condition 4 Endorsement It is agreed that with respect to bodily injury and property damage caused after the effective date of this endorsement by the nuclear energy hazard.the figure$21,375,000 stated in Condition.4 of the policy is amended to read$24,750,000.

EIIcctivc Date of this Endorsement

~>lUIax.To form a part f Policy No.Issued to Niagara Hohawtc Power Cor oration~Dat" oi Issu 1.'ehruar.

13 1974 THIS IS TO CERTIFY THAT TH.S IS A q 47 TRUE COPY OF ENDORSEMEtlT NO~5 tAADE PART OF NUCLEAR ENERGY POUCY, (FACILITY FORM)NO.MFM~NQ jNSURANCE IS AFFOR ID UNOER T IS CO Yi Por thc Subscribing Companies MU'I'UAL ATOMIC ENERGY LIABILITY UNDERWRITERS By EHNETH j.IONES, SECRETARY MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Endorsement No.29 Countcrsil;ned by cog/Aun!omxso Rsraesssravrvx)PETgy ILt NE 43 (1/1/74) f N}t 1a I t Et<<j II r g'>~F 4IQ'Q~l I', o.E!(C NttCLEAR DIFurtGY LD<BII!IT/" PYTSURANY~1'r-

.." N>JYUAT A'ZOIC=ENERGY PLIABH.I'I'7-UNDFHVVRPL'EHS;

'-" Increase Of Limit Of Liabilit'v Endorsement X.t is agreed that: " l., The limit of liability stated in Item 4 of the declaratf,ons of the policy.is arrernded.to.goad><24,750,000 This atat.i,derd limit'.applies pith respect: tt)'bligat'vns,assuaged or" e".<pensee irtcuzred pecau e of bodily injury or*propert:y damagre caused, during the'perioo froro the cifect:ive haZe of th9o endorse:"..'nt to the~date of te mty1atioll of-tile,pt1licy, by the ilucleRr Qtlc gy.hazard';

The limit of liability stated in Ttem 4 of the declarati'ons

'and the'-'mended litnit oX'.iabi3.ity stat:ed in paragraph 1 above shalL-not beE cumulative.

and e..ch payr:.er.t made by the companies'after.the eff ct've date of:his endorsement for any loss.or esp'ense covered by the po.='cy shall reduce by the amount of such payment both tne limit of liability.st:ated in-.Item 4.of the declarations and t: he amended limit of liabi1ity stated i..paragraph 3.above,.regardles's of which 1imit of 1" ability applies vi'E',.rt.see'ct to the bod'ly injury or property damage ou" of uhich such loss expense arises, ZfICctivc Dstc of this Endorsement

~farch 1, 1974'I'o Porn'>a peart o!!'o!!cy!yo.Niagara E~fohavk Pover Corporation Ic,ucc(c to Fu!Fcuocy 26, 1974 TH'S IS'IO CE Pi(T't,'.1 TRUE COPY OF E;OOEEEERT U,O~O TFIADE'PART OF NUCLEAR ENE Y POUCY tFACILITY FORM)NO: MF lltSURANCE JS AFFORDED UNDER T)IIS Xf@E.OQ'or thr.Subscribing Con>panics HUVUA,I ATO'biIC ENERGY I IABII I l'Y VÃDEPIVRITI;RS KENNETH J.)ONE', CRE ARY)AL ATOMIC ENERGY LIABILITY UNDERWRITERS I'.ny.oiscntcttt

')R o, 30.'COUn tel's!pl ted IT)F%,g T!A YJ11cov'/co Itrrr LM,'TA1!'U'r.

~o!~!c o~'o t.i'.'N~I C+F COCCI Cg'&/~~e~~4 UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON.

D.C.ZOS45 Docket No.5O p2O Indemnity Agreement No, B-63 This Indemnity Agreement No.B-63 is entered into by and between POMER AUTHORITY OF.THE STATE OF NEM YORK AND THE NIAGARA MOHAMK POMER CORPORATION (hereinafter referred'to as the"licensee")and the United States Atomic Energy Commission (hereinafter

'referred to as the",.Commission")pursuant to subsecti,on,l70c of the Atomic, Energy Act of 1954, as amended (herein-after referred to as"the Act").ARTICLE I As used in this agreement:

l.""Nuclear reactor,""byproduct material,""person,""souice material,"-and"special nuclear material" shall have the meanings given them i'n t'e Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission.

2.Except where otherwise specifically provided,"amount of finan-cial protection" means the amount specified in Item 2a and b, of the Attachment annexed hereto, as modified by paragraph 8, Article IZ, with respect to common" occurrences.

3.(a)"Nuclear incident" means any occurrence, including an extra-ordinary nuclear occurrence, or series of occurrences at the location or in the course of transportation causing bodily injuzy, sickness, disease, or death, or loss of or damage to propezty, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material.(b)Any occurrence, including an extzaordinary nuclear-occurrence, or series of occurrences causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property,

UNITED'STATES ATOMIC'NERGY COMMISSION ATTACHMENT Item 1-Licensee Address Indemnity Agreement, No.B-,63 Power Authority of the State of New York and the Niagara Mohawk Power Corporation 10 Columbus Circle'ew York, New York 10019 Item 2-Amount of Financial protection a.$1,000,000 b.With respect to any nuclear incident, the amount specified in Item 2a of this Attachment shall"be deemed to be (i)reduced to the extent that any payment made by the insurer or insurers'nder a policy or policies specified in Item 5 of this Attachment reduces the aggregate amount of such insurance policies below the amount specified in item 2a and (ii)restored.to.the extent that, following such reduction, the aggregate amount of such.insur-ance policies is reinstated.

Item 3-License number or numbers SNM-131.1 Item 4-Location All premises including the land all buildings and structures known as the James A.Fitzpatrick Nuclear Power Plant located.in the town of Scriba, Oswego County, New York.Item 5-Insurance Policy No(s).Nuclear Energy'Liability Policy (Facility Form)No.,NF-208 issued by the Nuclear Energy Liability Insurance Association.

Item 6-The indemnity agreement designated above, of which the Attachment is a part, is effective's of 12:01 a.m.on the ZS'~day of a~~, 1972.FOR THE UNITED STATES ATONIC ENERGY CONMISSION Jerome Saltzman, Assi'nt Chief Office of Antitrust ahd Indemnity Directorate of Licensing FOR POWER AUTHORITY OF THE STATE OF NEW YORK BY FOR'HE NIAGARA MOHAWK POWER CORPORATION BY Dated at Bethesda, Md., the 2'+W day of', 1972'

50-220 63 POWER AUTHORITY OF THE STATE OF NEW YORK AND THE NIAGARA NOHAWK POWER CORPORATION 0 I-I..IDina..b.OFFICE>SURNAME>DATE>8/7 72 Form hEC-'3l8 (Rev.9-53)hEChf 0240 0 8/72.U.S.GOVERNMENT PRWTWG OPPICE S SSSO 0 405 SSS 0 I'I Ig U 4 t, A ((I 1~~4 I y lhg G--.o 0 0 0~0 0 0 0 0 ,'FROM The Qnivexsf.ty-of-ORXahc~

Norman, Oklahoma P.K.Zccartex DATE OF DOCUMENT-05-26 72 MEMOt LTR X DATE RECEIVED..Q5-..02-72 REPORT No.t OTHER r$02 J.Saltant ORIG.4 Cct OTHEBt ACTION NECESSARY Q NO ACTION NECESSARY O CONCURRENCE Q COMMENT O DATE ANSWERED)BYt'LASSIF.s U POST OFFICE REG.NO: FILE CODE)Docket Bo.50 XX2 DESCRIPTIONs fMast Be Unctasstnod)

Ltr.tmns an amenlh)ent to Xndemnity Agreement Ho.E-26.REFERRED TO Soldan 1 EXCX'sL DATE RECEIVED BY DATE'HCLOSURESI Amendment Ho.5.Distx'ibutioa 1 PDR X Oat: l Re Pile)b REMARKS l U,s.ATo~c~MGY co~issioN~~CQNT+QJ PQP'M FORM AEC426*U.S.Government Printing Office: 1968-296-614 (840)

"l G.'0 0'I~0 V 0 0 G-IQ~~~g~-.//2-REGULATPRy RLE C The VJniversity of Oklahoma 660 Parrington Oval, Room 119 Norman, Oklahoma 73069 Office of the Provost May 26, 1972 Mr.Jerome Saltzmen, Chief Indeminity and Export Control Branch Division of State and Licensee Relations U.S.Atomic Energy Commission Washington, D.C.20545

Dear Mr.Saltzmen:

Attached is one signed copy of Amendment No.5 Indemnity Agreement No.E-26 between the University of Oklahoma and the Atomic Energy Commission.

The University accepts this amendment increasing the nuclear energy liability insurance from$82,000,000 to$95,000,000.

Pete Kyle McCarter Provost PKM:lh l~S I l S S U S il A'S" SJ~l I S~,r>*S' a 0 glCT gy~>eIg 0<UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C.20545 Docket No.50-112 AMENDMENT TO INDEMNITY AGREEMENT'NO.

E-26 AMENDMENT'NO;5 Effective March 1, 1972, Indemnity Agreement No.E-26, between University of Oklahoma and the Atomic Energy Commission, dated November 23, 1962, as amended, is hereby further amended as follows: Article III, Paragraph 4(b)(2)is amended by deleting the amount"$82,000,000" and substituting therefor the amount"$95,000,000." FOR THE UNITED STATES ATOMIC ENERGY COMMISSION Jerome Saltzman, Chief Indemni.ty and Export C9 trol Branch Division of State and Licensee Relations Accepted 1972 II N~e H ,~E

.,ye-.-0-4

-00 P'."'s aim a"~"-----Syracuse;

-IFZ---Hr.E.J.Moz'e1.0 N.-I DATE OF DOCQdENF DATE RECEIVED~=2 72-==.3-5-7-2 LTR REPORT MEMOr I-~~'O.t OTHERr-$0 J.Sa1tzman SLR ORIG.t CCr OTHERt CLASSIF.t POST OFFICE REG.NOt ACTION NECESSARY Q NO ACTION NECESSARY Q CONCURRENCE Q COMMENT O FILE CODE;Docket No.50-220 DATE ANSWEREDr DESCRIPTIONs (Mast Be UnctasstQed)

Y.tr.trans: REFERILED TO Saltnnan: we tra-20 e bt RECEIVED BY DATE~XHCLOSURESt Amendment No.66 to Indaamity Agree-ment No.$-36 Lb4t.-.t'.rr.I"'~/E s e P b~r~s rg g e~'~'Ecr=REMARKSt DPQ oMICENERGY'COMMISSION M~g CONTHog pogM*U.S.Government Printing 0)tice:)968-296-6(4 (540)

N V~~N J ,II II E.)a J y,-~

NIAGARA MOHAWK POWER CORPORATION

>It'~NIAGARA~MOHAWK BOO ERIE BOUl EVARO WEST SYRACUSE, H, Y.l3202 March 2, 1972 Mr.Jerome Saltzman, Chief Indemnity and Export Control Branch Division of State and Licensee Relations United States Atomic Energy Commission Washington, D.C.20545 Re: Docket No.50-220

Dear Mr.Saltzman:

In response to your letter of March 1, 1972, attached is an appropriately signed copy of Amendment No.6 to Indemnity Agreement No.8-36, which reQects the nuclear insurance pools'ncrease in limits from$82, 000, 000 to$95, 000, 000.We appreciate the expeditious manner in which you submitted this amendment to us.1 Sincerely yours, EJM/oc E.J.Morel, Manager System Insurance

Enclosure:

Amendment No.6 to Indemnity Agreement No.8-36 C"-/'I 4 I't f P C V\(I U H C I C 1 N t~.I,~~t sr+

$~4$$$$I~b*0 G 4 E4n$UNITED STATES.ATOMIC ENERGY COMMISSION WASHINGTON, D.C.20545 AMENDMENT NO.6 TO INDEMNITY AGREEMENT NO.B-36 Effective March 1, 1972, Indemnity Agreement No.B-36, between Niagara Mohawk Power Corporation and the Atomic Energy Commission, dated August 16, 1967, as amended, is hereby further amended as follows: Article II, Paragraph 8(a)is amended by deleting the amount"$63,550,000" wherever it appears and substituting therefor the amount"$73,625,000." Article II, Paragraph 8(b)is amended by deleting the amount"$18,450,000" wherever it appears and substituting therefor the amount"$21,375,000." Article II, Paragraph 8(c)is amended by deleting the amount"$82,000,000" wherever it appears and substituting therefor the amount"$95,000,000." Article III, Paragraph 4(b)(2)is amended by deleting the amount"$82,000,000" and substituting therefor the amount"$95 000 000" 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 (Prom 12:01 a.m., August 16, 1967, to 12:00 midnight, August 21, 1969, inclusive)

$82,000,000 (From 12:01 a.m., August 22, 1969, to 12:00 midnight, February 29, 1972, inclusive)

$95,000,000 (Prom 12:01 a.m., March 1, 1972)POR THE UNITED STATES ATOMIC ENERGY COMMISSION Jerome Saltzman, Chief Indemnity and Expor+Control Branch Division of State and Licensee Relations Accepted March 2 1972 By NIAG MOHAWK POWER CO ORATION I f RECE1VED MAR 2 1972 iNSllRANCE D~PT.

(>FRDNL itt8gl?lLZO Syracuse, N.Y-(E.R.Xnderbitzin)

TOI DATE OF OOCUMENT: LTR.ORIG.: I..OATS RECEIVED MEMOIR~K PORT OTNER: CLASSIFI L.Johnson POST OFFICE ACTION NECESSART Q NO ACTION NECESSARY Q FILE COOK CONCURRENCE COMMENT Q DATE ANSWERED: Q BVI DEscRIFTIDNI (Must Be UIIeisssitied)

Ltr.trans: REG.NO: SOCKET: 50-220 REFERRED TO DATE RECEIVED BY DATE m/~extr copy ENCLOSURES:

Amendment P5 to XA Ho.B-36 rege file p 1-0t.'C{P-5061)IlEMARKSI UM ATOMIC ENERGY COMMISSION

  • U.5 GOVERNMENT PRINTING OFFICE:"1971M24W02 MA1L CONTROL FORM o*ss IS&0 I t b~i<<jN." Cl.r k')~" i" (t jv'A j'4c H 1.h J NIAGARA MOHAWK POWER CORPORATION NIAGARA~MOHAWK 300 ERIE BOUI.EVARO WEST SYRACUSE, N.Y.I3202 December 21, 1971~+~gpss 1/0 IMP~Mr.Lyall Johnson, Director Division of State and Licensee Relations U.S.Atomic Energy Commission Washington, D.C.20545 Re: Docket No.50-220

Dear Mr.Johnson:

~cpu a oOt Per your letter of December 9, 1971, I am returning one signed copy of Amendment No.5 to Indemnity Agreement No.B-36.Very truly yours, ERI/oc Enc.E.R.Inderbitzin, Supervisor System Insurance f>"'/i~~f&e+5 Qp U q-,III'>yg op~P/PP 4q pPtz'5)"-.//g (, (l i4~A~QQB

>c i I V l 4~W f Af r-rl L h C C (t CCT COp P~0*a~>eCC C<Docket No.50-220 UNITED STATES ATOM IC ENERGY COMM ISSION WASHINGTON.

D.C.20545 AMENDMENT TO INDEMNITY AGREEMENT NO.B-36 AMENDMENT NO~5 Effective December 14, 1971, Indemnity Agreement No.B-36 between Niagara Mohawk Power Corporation and the Atomic Energy Commission, dated August 16, 1967, as amended, is hereby further amended as follows: Article II is amended by adding the following proviso at the end of subparagraph 5(c): "Provided, however, that with respect to an extraordinary nuclear occurrence occurring at the facility, a claimant who is employed at the facility in connection with the construction of a nuclear reactor with respect to which no operating license has been issued by the Atomic Energy Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if: (1)the claimant is employed exclusively in connection with the construction of a nuclear reactor, including all related equipment and installations at the facility, and (2)no operating license has been issued by the AEC with respect to the nuclear reactor, and (3)'the claimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility." FOR THE UNITED STATES ATOMIC ENERGY COMMISSION Ly 1 Johns, Director Division of State and Licensee Relations Accepted December 21, 1971 By Q rt F I>>I'>>e ge'I>>" FF r~ii le (~I e P n et>>"~0~vr~4 lff 5 cl Pg I,<<r~FFIF H fil fr~)f t" N 3 , I(>>",~<<t~g r.~t-=, r irr>>t li Pt>>A<<t il ,~t>>I>>'t,tee~y"t'I-~f~, r,~tr~I)f>>rt f F.IFF I r, t>>lgf~eel<<fg~I ,~/t>>IF"~cy tr<<IN~>>t" Nt Iy t f F'J'll r-Fr>>f P>>~f r I~<<it re t I'>>l>>f tf jf r-~c Nff-r>>.l~Itf)fr>>F e fr~ICF~*f$~I', t'IF P N~it-'<<t>>~>>,)F-I I F t)crf e NN<<g~),")'Fy~I'+t>>'4 t f, f Fqfrg tel<<>>f"I+flt p~r f~;If t'fffe P,N,,~t>>r~,>>fq>>r>>f f elei r r t>>~~tl>>~r f-~>>'r eg~t>>)q r t et~eye qP e~~~p ft S>>fregr r N-ltfffgt sr~~)t>>"~tyf",q e>'>>r,~ggtP f>>~t(IF+~I>>ree~tf t>>Flfee e t<<t e t*fi lg Pr f<<'Ftf Ttt t e~ffgeg f>>Fi>>flII F r>>'ie>>p~~

DEC 9 SH Docket No.50-220 Niagara kfohawk Power Corporatioq ATTN: Hr.E.R.Indorbitsin, Supervisor System Insurance Department 300 Erie Boulevard Vest Syracuse, Hew York 13202 Gentlemen:

Ve are enclosing herewith an amendment to your indemnity agreement reflecting the recent amendment to 10 CPR Part 140,"Financial Protection Requirements and Indemnity Agreements," effective December 14, 1971 (36 FR 21580, November 11, 1971)~The amendment to Paxt 140, a copy of which is also enclosed, clarifies that a licensee's workers who are.employed at an indemnified site'exclusively in connection with the construction of,a T)uclcar reactor with respect to which no operating license has been issued by the Atomic Energy Commission, and who are not employed in connection with the possession, storage, use or transfer of special nuclear material at the facQ.ity, TPiQ.maintain their rights under the waivers of defenses provisions of the facility form of nuclear liability insurance and of the indemnity agreement.

The amendment sets forth the provisions of a new endorsement to the facility form of nuclear liability insurance policy furnished as financial protection and provides for amendment to the AEC indemnity agreemcnt foxms.Vc will appreciate your executing the amendment to your indemnity agree-ment in the space provided and returning one signed copy.If you have.any qua'stions about the foregoing, please let us know Sincerely, (Signed)Lyell Johnson Lyall Johnson, Director Division of Stte and Licensee Relations , Enclosures 3 1.Amendment to Indemnity Agreement 2..Amendment to 10 CFR Part 140 omcE D T3061, R01, T30629 sEQvEg 11/23/71 DATE>JSa n: dlT3 A 11/Q71 Porm AEC-518 (Rev.9-53)hECM 0240 SLR LJohns n 1/71 0 V, 8, OOVSRNMSNT PRINT lNO OPFJC81 19'I 1 M18 M88 F, 4 I 4 4 t nt IF I*I 4 I I I'4~w'" Fn" C J e*N IF I'F.C,4'I Nl 4 I Nl F'4 I L e 4~F t~I.I I~4 e I~~n C V I F 4 4 DISTRIBUTION:

File-Docket Files PDR Indemnity Branch Reading~SLR Reading h~P%.>>tg J FROMs K.agama Nohatik Pm~Coze i-8$6tCQGQP Ho Yo Sh'.E.B.'IcdccMCstss I.TR Z MEMOs REPORTs OTHERs D J TE OF.lg)C~.DATE RECEIVED NO.s%Geo Qp~j3 RQCo Xfg XPPL", 28/Os EeRo PrLCep SLB ORIC.s ACTION NECESSARY=.Q NO ACTION NECESSARY Q OTHERs CONCURRENCE Q COMMENI'DATE ANSWERED5 BYs CLASSIF.s POST OFFICE REC.NOs FILE CODEs DESCRIPTIONs IMust Ba UnclasslGed)

Xkz'mnse the f'03Xmdmg." REFERRED TO Sa1tmxm: v/1, extra FOR ACZIKf DATE RECEIVED BY CLOSURESS Xhctorseaant Eo.20 to EX'oiicg Ho HP 161 Z;xeg.aXe cV (oSg Pe IRtO rett'.S.ATOMIC ENERGY COMMISSION

~~C/NTg~L@gal'M*U.S.Government Printing Offices l968-296-6)4 ($40)

I I It t'I tt 2~.1\I I I\'I I I II!I I I j (II(tt~I NIAGARA MOHAWK POWER CORPORATION NIAGARA~MOHAWK 300 ERIE BOULEVARD WEST SYRACUSE, N.Y.I3202 December 8, 1971 IU g)h DFt;4 71S7'l~" arIIN<BICet pp b4>Mr.Eber R.Price, Director Division of State 4 Licensing Relations Atomic Energy Commission Washington, D.C.f20545 Re: Dock

Dear Mr.Price:

Attached is Endorsement No.24 for NELIA Policy No.NF-161, which renews coverage for the period from 1/1/72 to 1/1/73.II Very truly yours, E.R.Inderbitzin, Super vis or System Insurance ERI/cnw'k Enclosure o'~oi>Z~+s 6 g~gg+Oy+y~Op'e~

0 tl T.V~e E~~L'r a 1NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION 1)ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT 2)CHANGES IN SUBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITY ENDORSEMENT Calendar Year 1972 la.ADVANCE PREMIUM: It is agreed that the Advance Premium due the companies for the period designated above is: 209 l95 15 2.b.STANDARD PREMIUM AND RESERVE PREMIUM: tn the absence of a change in the Advance Premium indicated a ove, it is agreed that, subject to the provisions of the Industry Credit Rating Plan, the Standard Premium is said Advance Premium and the Reserve Premium is:$l56 6 It is agreed that with respect to bodily injury or property damage caused, during the effective period of this endorsement, by the nuclear energy hazard: a.The word"companies" wherever used in the policy means the subscribing companies listed on the reverse side of this endorsement.

b.The policy shall be binding on such companies only.c.Each such company shall be liable only for its proportion of any obligation assumed or expense incurred under the policy because of such bodily injury or property damage as designated on the reverse side of this endorsement.

3.It is agreed that the effective period of this endorsement is to the close of December 31st of the Calendar Year designated in the caption above, or to the time of the termination or cancelation of the policy, if sooner.t (over)~I'1'his is to certify that this Xndpraement No.+is a tme copy of the original Endorse<<ent No.~ado a~.rt of Nuclear Energy Liabili'.Policy (Facility Form)No.NF-~l~No insurmco is afforded herettac~t.Effective Date oE this Endorsemen January 1, 1972 Date o!Issue W 12:01 A.M.Standard Time ia ara oha k vember'I 1971 CHA.B RD S,.t,.WRITING MANAGER NUCLEAR ENERGY LIABILI INSURANCE ASSOCIATION To form a part of Policy No For the Subscribing

~mpamea By Genera anager Endorsement No'NE'S5~(>'j'1g'2)

Countersigned by EDWIN S.MCr.z 1 Y 4~t E II Zsngnxa Nohan-pn~~CasIIssdIEon Sprat o, m.z.Sn S.B.Xnhexbtenin TO: Xe.ATohnaca~SXB DATE OF DOCUMENT: I TR.ORIG.: MEMO OATE.RECEIVEO Na EPORT OTHER: OTHER ACTION NECESSARY Q NO ACTION NECESSARY Q CONCURRENCE COMMENT Q DATE ANSWERED: Q BVI CLASS IFI DEscRIPTIDNI (Must Be Unclsssilied)

POST OFFICE REG.NO: FII.E CODE'high t Ho.220 REFERRED TO DATE RECEIVED BY DATE Xtr.Ox'he XolXovkng:

ENCSOSURES ZadorsemA Zo.16 4o~f XMicy Ko.l-F46 Regs~/1 exhm-TQR ACRO.Mstrkbutkcm 1 xeg~eg(orkg REMARKS'.S.

ATOMIC ENERGY COMMISSION

  • U,S.GOVERNMENT PRINTING OFFICE: I 970 49 9 979 MAIL CONTROL FORM FORM AEOGESS Id dOI If I F'I I I hf h,f r I I t'y.hf f I I!gJ I I FF h.J 1 I I I If I ,\I I I+fl.'I h (I I I I II pQ C I I I I C>II h Il 1 I I I NIAGARA MOHAWK POWER CORPORATION NIAGARA~MOHAWK 300 ERIE SOULEVARD WEST SYRACUSE, N, Y.I3202~5NIIIr<'6 December 14, 1971 Mr.Lyall Sohnson, Director Division of State 4 Licensing Relations Atomic Energy Commission Washington D.C.820545 Re: Docket No.50-220

Dear Mr.J'ohnson:

Attached is Endorsement No.16 to MAE<LU Policy No.MF-46 which shows the standard and reserve premium for 1972.Very truly yours, E.R.Inderbitzin, Supervisor System Insurance ERI/cnw Enclosur e i@cKErpp USAE'C OEOSg)N)~0>IIIILrtretrr lLsicji21>0 HEl'~gg a~)~'23u I j NU EAR ENERGY LIABILITY SURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ADVANCE PREMIUM ENDORSEMENT AND STANDARD PREMIUM AND RESERVE PREMIUM ENDORSEMENT CALENDAR YEAR 1972'1.Advance Premium It is agreed that the Advance Premium due the companies for$~66 6 2.Standard Premium and Reserve Premium In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the Provisions of the Industry Credit Rating Plan, the Standard Premium and Reserve Premium for calender year 1972 aret'tandard Premium$6Q 16.6 Reserve Premium$46.66 Effective Date of January 1, 1972 this Endorsement To form a part f Poiicy No.MF-46 Is ued to Nia ara Mohawk Power Cor oration Date of Issu November 1 1 1 THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF ENDORSEMENT NORW hIADE PART OF NUCLEAR ENER Y POUCY, (FACIUTY FORMf'ND.IAF NO INSURANCE IS AFFORD UN ER TH@DAVID E.KUIZENGA, ARY MUTUAL ATOhIIC ENERGY LIABILITY UNDERV/RITERS For the Subscribing Companies MUTUAL ATOMIC ENERGY LIABII.ITY UNDERWRITFRS Endorsement No.Countersigned by Aorneuaao Raiaassaraava 0~4~rs's ,~C Docket No.50-220 DZNDkiENT TO INDEGfETY AGREEMENT NO, 3-36 AXSNDMyNT NO~5 Effective December 14, 1971, Indemnity Agreement No.3-36 betwoen Niagara mohawk Power Corporation and the AtoIId.c Energy Commission, dated August 16, 1967, as amended, is hereby further amended as follows: Article II is amended by adding the following proviso at the end of subparagraph 5(c): "providsd howavsr, that with xsspact to an artraordinary nnclsnr occnrranca occnrring at ths facility, a cla1mant who is amployad at the facility in connection with the construction of a nuclear reactor with respect to which no operating license has been issued by the Atomic Energy Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if: (1)the.claimant is employed exclusively in connection with the construction of a nuclear reactor, including all related equipment and installations at the facility, and (2)no operating license has been issued by the AEC with respect to the nuclear reactor, and (3)the claimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility." FOR THE UNITED STATES ATOMIC ENERGY COKfISSION Lyall Johnson, Director Division of State and Licensee Relations Accepted By OFFICE>.)g SURKAMEIp DATE D Pofm AEC-318 IRev.9-53)hEC 0240 ftti0.GOVERNMENT PRWONO OFFICE'07IMI0~00 flf 4 4 4 4 4~4 4 L r 4.If~'j,f I FVJ~f k I*I 4 f~g~C 4 f V DISTRIBUTION:

.Licensee-2 origs.PDR'ile-Docket Files'OC CO OGC-.Indemnity CJHolloway SLR Reading.Branch Reading Desk 0 Ji'-~>A'R' Robert L.Leith, Chief, Central Accounts Branch Office of the Controller IHDPJSITK PEE-NIAGARA MOHAWK POUER CORPORATION-INDESITY AGREEKNT B-36 Effective April 14, 1971, the Division of Reactor Licensing has issued to Niagara Mohawk Power Corporation, Amendment No.2 to License,No.

DPR-17 increasing the naximm powei level authorised in the facility license for the Nine ale Point reactor from 1538 megawatts thermal to 1850 megawatts thermal.Effective on the same date, you should increase the indemnity fee for this reactor from$46,140 per year to$55,500 per year.gf-mM$4~%<<<<tk Zercnm Saltsman, Chief Indemnity and Export Control Branch Division of State and Licensee Relations cc: OQC J.R, Mason, SLR DISTRIBUTION:

SLR R/F 16ECB R/P File CB ONCE GLT44 R2 4/2f SURNAME>JSal nnan gl 4 71 DATE>Porm hKC-318 (Rev.9-33)hKCM 0 0 4 V,S.GOVERNMENT PRIMTWG OR9CC'., 1970~7.7o'I L J lt~"'d, IE)I i't--<a m I, I j J II J II AJ jg: HOXTUHXHTBIG vis ma%8 833bI sf2%1 80'g~(Lg(nuns lsBt.,rv54g>o 888fQ CZ5b SR PPTJo FRbhL'LehSVC Bn=r COXPe R~~QFLGc~c<~Oa Yo (fKnot hath DATE OF DOCUMENT: 0M<90 DATE RECEIVED LTB.~EM%~DID 2, (84 OTHER: ORIG OTHER: ACTION NECESSARY Q NI3 ACTION NECESSARY Q CONCURRENCE COMMENT Q DATE ANSWERED: Q BY CLASS I F POST OFFICE REG.NO: DEscalpTIQN: (Mvet Be Uncle33ilied)

Am ament Zo.4 to XA, Ro.~>>as accepted.8~2/%/by Ne Pzatt>7ice 7reeiEIenteeeeee

~eee FILE CODEX'EFERRED TO DATC Sa1t;zmaa.

)~5 V Cye~~30CKT 50 2S RECEIVED BY DATE ENCLOSURESI 3EAMhution:

L-OGC Co 1-Xnouth OC REMARKS: C JQ IP U Sr COYERIINENT PRIS'IIIIG OFFICE'11<TI U.S.ATOMIC ENERGY COMMISION MAIL CONTROL FORM FDRM AEc.sE66 I 8-60)

~I~~,'~~~<Y Y 1 1 I~, p 11 4 A K'OOOCI~b e~0 dye J~UNITED STATES ATOMIC ENERGY COMMISSION l<WASHINGTON.

D.C.20545 d d01CC OI Docket No.50-220~@gIatoO@Is G'J.AMENDMENT TO INDEMNITY AGREEMENT NO.B-36 AMENDMENT NO.4'ffective AUG 2 2 1969 , Indemnity Agreement No.B-36, dated August 16, 1967, as amended, between Niagara Mohawk Power Corporation and the Atomic Energy Commission, is hereby further amended as follows: 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:Ol a.m., August 16 j.967;to 12:00 midnight WG 2~I969 inclusive)

$82,000,000 (From 12:01 a.m., gUG 2 2 1969)Item 3 of the Attachment to the indemnity agreement is deleted in its entirety, and the following substituted therefor: Item 3-License number or numbers SNM-1028 DPR-17 (From 12:01 a.m., August 16 196+, to 12:00 midnight,AUG 2 1 1968 inc lus ive)(From 12:01 a.m.,PUG 3 2 j96g)Item 4 of the Attachment to the indemnity agreement is deleted in its entirety, and the following substituted therefor: Item 4-Location The fenced storage area and the high-voltage switchyard depicted in Attachment

$P1 hereto and made a part hereof, and the Fresh Fuel Storage Vault and the Spent Fuel Storage Pool in the Reactor Building depicted in Figure 2 of the applicant's"Application for Special Nuclear Materials License," all in Niagara Mohawk Power

,r~e W N f (1N (~N f ((NP(I r'C N ('(N~p 2 Corporation's

'Nine Mile Point Nuclear Station in the'town of Scriba, New York, (From 12:01 a.m., August 16, 1967, to.12:00 midnight, August 21=, 1969, inclusive)

All buildings and land as bounded in the attached Drawing C-18539-C, dated December 4, 1964, by the distinctive line, , and in addition there-.to (1)the pond designated"Oxidation Pond" and (2)the building designated"Information Center" on the aforementioned drawing.This drawing is attached hereto and made a part hereof.The location is at the Niagara Mohawk Power Corporation's Nine Mile Point Nuclear Station in the town of Scriba, New York.(From 12: 01 a.m., August 22, 1969)Xtem 5 of the Attachment to the indemnity agreement is amended by adding the'following:

C Nuclear E'nergy Liabili'ty Policy (Facility Form)No.MF-46, issued by Mutual Atomic Energy Liability Underwriters.

4 FOR THE UNITED STATES ATOMIC ENERGY COMMISSION 0 aber R.Price;Director Division of State and Licensee Relations Accepted 1969 By NIAG A MOHAW POM.CORPORATION 0 El N.er t O'I.

Doclcet Hoi 50 220 AIZNDMTNT TO XN)EHNXTV ACREE4MT NO+3 36 Rmmmai NO.4 Pffeceivc AUG 2 2 1S69 9 xndemniey A~cement ko, B 369 dated August 16, 1967, as amended, beeueen Niagara Hoha<<rc Po~>cr Corporation and the Atomic Energy Commission9 is hereby further amended aa follovs j 1 Xtem 2a of the Attachment to ehe indemnity agreemcne is deleted in its entirety9 and the folio<<ing substituted therefor>Xtcm 2-Amount of financial protection s.B I.,ooo,ooo ITFON u:ox s.m., S~BIIoc~BI imp, co 12:00 midnight~" (3 inclusive)

$82,000,000 (Prom 12:01 a.m.,gUQ 2 2 1S69'Xtem 3 of the Attachment to.the indemnity agreement is deleted in its entirety, and the folio<<ing substituted therefore Xtem 3-License number or numbers Smi-1028 DPR 1/(Prom 12e01 asm'August$6++9 to 12:00 midnight,AUG 4'~~~inclusive)(Prom 12:01, a.m.AUG 2 2 1869 Xtem 4 of the.Attachment eo'ehe indemnity agreemene is deleted in its entirety, and the folio<<ing substituted therefor: X tern 4 Location The fenced storage aeon and the high-voltage switchyard depicted.in Attachment 81 hereto and made a part hereof, and the fresh Fuel Storage Vault and the Spent Puel Storage Pool'n the Reactor Building depicted in Figure 2 of ehe applicant's"Application for Special Nuclear, Materials License>II all in Niagara NohaTF1c, Po<<er OFFICE>SURNAME D DATE>TNI hEC-318 (Rev.9-53)hECM 0240 IIi 9 COVCNNMCNT FIIIN TING 0FFICCI IQBB 0 SCO 507 4 (>>>>I>>>>I I~4 I" tl"" t',~~I>>t ,~I 4 I~C I*I r 41>>

LOQ'OZC 6 896l'l914JO SNIANIHd ANQWNQSAOO

'8 A~QÃo NBA (ss-6'*>8) 8ls BEY~~o8'wa 4 3WVWns 4 audio Corporation's Nine Mile Point Nuclear Station in the town of Scribe, New York.(From 12:01 a.m., August 16, 1967, to 12:00 midnight, August 21'969'nclusive)

All buildings and land as bounded in the at:tached Drawing C>>18539.-C, dated December 4, 1964, by the distinctive line," , and in addition there-to (1)the pond designated

'5zidation Pond" and (2)the building designated"Information Center" on the aforementioned drawing.This drawing is attached hereto and made a part hereof.The location is at the Niagara Mohawk Power Corporation's Nine Mile Point Nuclear Station in the town of Scribe, New York.(Prom 12:Ol e.m., August 22, 1969)Item 5 of the Attachment to the indemnity agreement is emended by adding t: he following:

J Nuclear Energy Liability Policy (Facility Form)No.'P-46, issued by Mutual Atomic Energy Liability Underwriters.

FOR THE UNI D~ATOMIC ENERGY COMMISSION Eber R.Price, Director Division of State and Licensee Relations Accepted , 1969 By NIAGARA MOHAWK POMER CORPORATION I RI I 1~t...*'C t 1 I ,I I Vtt JII r y n'>>J 1 I I>>t~F 11,-I 1>>y~t J)F V R r>>>>V~>>JW-J't t 1 I>>I'>>J l Jl R't tt~r J J~1I V Corporation's Nine H.le Point Nuclear Station in the toom of scriba,'York.(From 12>a.m., August 16 g~,,to 12 0'idnight, AUG~~~~s inclusive)

All build)gs and land as bounde the attached Dratdng-18539%, datM D e5fer 4, 964s by a dashed.line an including th ond design ed"Oxidation Pond" and th'building g~gnated"Xnf tion Center" on the a rementQded drying.s drauing is attached heret and de a part hereg~The location is at the Niagara ohavk PoI~er Corpyaation's mne Hile Point Rnc1ear Statron in the/6m or Scribe, Men rorkt (Frere 12)01 a.m,'UG 2, S>969.)e Item 5 of the Attachment,to the.indemnity agre ent is amended by adding the follotring:

Nuclear Energy Xiability Policy (Facial ty Porm)No.HZ<6, issued by Hutual Atomic Energy 7 iability ddergritcrs.

FOR TED UNXTEO SThTES ATONIC RGY CORiISSXON e Eber R.Prices Director Division of State and Licensee Relations Accepted By NIAGARA M)HNGC POISE CORPORATION DISTRIBUTION:

~Licensee (2 orig)~Fi1e WGC~PP OC compliance

~ndemnity~branch R/F WLR R/F+Desk SL'I&EC OFFICE>SURNAME IP DATE>JSaltz a:e c 8/7/9 Form hEC-318 (Rcv.9-33)

AECM 0240 SLR:DIR ERPrice/69 8//69 s.OCYKRRMLNT pRIRllnc orpiece ICSS'0 320 502 l E t 44~I t II bl 1 I WWWKW'C4" gO.gO ATTACH(V(E(NT

/f'1 W , M W j W'IAIISPICD GRADS'L..W-O.S'IRE

'.,::~WASTC~A"SC Si~CIE~~"L CwLOG.~VQSIVC.G KICAATOR OLOG."'L~r 1 WW$CL.SSSO.~-",~C-I q RCAGTOA fwVIwWP IIOVQC,.j=-.i-=..;......;-.

."i OLD4 T A Cjw w IB.wwa I I QTURSROC,",wE (I GCKICRhtwOA (AI iO 2 V a a~ARCh TO SO VSCO I OR IEITBRIIwt PVE'L STOAACG U'~WW NIGH VOLTAGC SWITCH YARD (W CITY VwfwjjwYf.A SUPPLY IIALV FIRE LOOP SEYACE LIAE PROYISIOR fCII EPERCERCY CCARECTIOR Of FIRE PIRIPf R FOR LAKE RAwER SUPPLY TO EIRE I'AIII ID PROYISjC'e EOR ELERCEIwCY CCARECTrA Gf CITY RATER TO f IRE LAIR ljwROUCII fjRE rGSE L I~Hi i WW'i I WWWWW." WWWMW>~i O'XIOATION

/Q~r POND/E/C+LLJEN Tz~j'X/.I'/////, CITY KATER ,//g'P'FIRE NYORAVT l/~LwWANELE//i'/i/'~W (W I ROAD~I F,'E: CKITRA<CC PROGRCSS CEN7E:A IOO 200 SOO~IT 4~GRAPH WC PLOT PLAiN" NINE NIL'E POINT NUCLEAR STATIO(1 L8 ILLEL L'~

1$j~'I 1 I 7"'RLACTOR BUILDING OPERATI.+FLOOR.

r 0;FIGURE 2 Elevator Fresh Fuel Storage Vau1t S pen>Fuc l 5)orate Pool Ajr lock,'0 C~0/I 4 Reactor C ul men Hatch F loor El.340-0" Storage Pit r lg~~4 r

+ccs+*P C Cyp/g C UNlTED STATES ATOMIC ENERGY COMMISSION WASHINGTON.

D.C.20545 0~~anS C~Docket 50-220 NG 7 569 Files AMENDMENT 4 TO INDEMNITY AGREEMENT B"36 NIAGARA MOHAWK POWER CORPORATION

-DOCKET'50-220 DRL intends to issue Facility License DPR-17 to Niagara Mohawk, authorizing operation of the Nine Mile Point Reactor.The license authorizes operation at 5 megawatts thermal until certain non-destructive testing is completed at which time the reactor is authorized to be operated at 1538 megawatts thermal, the design power level.We have received telegrams from the two nuclear liability pools, indicating that the utility has purchased the full amount of financial protection available,$82 million.The"location" will be all the buildings and premises indicated on Drawing C-18539-C, attached to and made a part of Amendment 4 to Indemnity Agreement B-36.At such time as Facility License DPR-17 is issued, we will issue Amendment 4 to the indemnity agreement, increasing the required amount of financial protection, enlarging"the location," and adding the number of the MAELU policy.,Also effective on the same date, the indemnity fee should be increased from$100 per annum to$46,140 per annum.Jerom Saltzman, Chief Indemnity and Export Control Branch Division of State and Licensee Relations cc: Office of General Counsel Lucy Baumgardner, OC IK'J K C'C C I.II ll 4~'I Socket 50-220 P,UG 7 196S Piles 1 AHEHEKHT 4 TO XR~MITK ACRLIEHBhT 3 36 MXAGABA 133ECTLi POHER COjtPOi5TXOM

-GOCR 50-220 BPJ intends to issue Pacility I%cense QPZ-17 to 1<iapara IlohaTfc, authorizing operation of the Bine Nile Point Reactor.The license authorizes operation, at 5 megawatts theraal until certain non-destructive testing is co'Rplcted at%@lich time the reactor is.'authorised to be operated at 1538, megawatts thermal, the desi@i, paver level.tfe have received telegrans from the tvo nuclear liability pools, indicating that the utility has purchased the full dvount of financial pxotection-available, 482 million.The"location" vill be all the huildinI s and premises gndicated.on Draihng C-18539-C, attached to axle a>de a part of Amendment 4 go Indemnity Agreement 8<<36.At such time as Facility License MiL-17 is issued, m T3ill issue Amendr nt 4 to the indemnity agreement, increasing the required amount of financial px'otection, enlarping"the location," and.addiag the number og the MARKS policy.Also effective on the same date>the indemnity fee should be increased grcrn$3,00 per annum to 46,140 per annum.cc.'ffice of General Counsel.tucy Bam@ardner, OC Si D.SSI JeroIEa Saitdman Chief Indemnity and.Hzport Control 3ranch gjvgngon or gkkkn ad~ockee 50-220 Licensee Relations Indemnity , SLR R/F Br.R/F SLR'OFFICE W JSaltz:e SURNAME>DATE>1~8/7/69 Form hEC-318 (Rev.9-53)hECM 0240'Ir v.o.cov2ayMCvt DmNTIHo orPICCr IO08 0 220.007 I p t' FROM:~giane~g+as~c.power Corporation gy3.'QceQCIF Oev York sthula DATE OF DOCUMENT'TRe ORIG+I DATE RECEIVED NO I OTHER., Hr.Eber R.Friee LASS IF,: DESCRIPT IGNI l Mwi 6e Uncbssified I Letter transmitting:

POST OFFICE REG NO: ACTION NECESSARY Q NO ACTION NECESSARY Q FILE COOEI 50-220 REFERRED TO Sa1tnaan CONCURRENCE GR4VZNT Q DATE ANSWEREDI Q BY:$85%572%So 3 XO XNDEHHiTY AQREKt62K hO.3-36l',1 sighted ey rec'd3 DiSTRXSUTXOH:

~Žre fQe i-AEC ER 1-OGC (Eage1hardt) 1-Leith*U 0 0OVChHMENT PRINTINC OFPICCE I 900-290 0I 0 U.S.ATOMIC ENERGY COMMISSION gj ig CgNlgt go~I0 00I

)]Q'4 A'~I O.~4 t t ,'Q f 4'E o 4 E0 II),Q)t Ii>Q jt 1~o tQ',C J ,'i I~t),'it 1&l4 h~~4 t~Q I'4<<P~4t S'~a-t4 4 44 IQ.QI f

~gu aura Ale Cg NIAGARA IvIOHAWK POWER CORPORATION NIAGARA MOHAWK R.D.CONSTASI C VICC PRCSIDCNT 300 ERIE 8OULCVARD WEST SYRACUSE'.Y.

I3202 February 11, 1969 Mr.Eber R.Price, Director Division of State and Licensee Relations Atomic Energy Commission Washington, D.C.20545

Dear Sir:

In accordance with your letter of February 1, 1969, we have executed the revised indemnity agreement entitled"Amendment No.3 to Indemnity Agreement No.8-36" and return herewith one executed copy.Very trul yours, R.D.Constable.

RDC/gh gocKGGI u&G FEgy s 859~Q Ily~gOR'l.PPII.SECTlolt 11 DgCKH GLB 463 0'~gN)~i r~~R r Jl/d r UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON.

D.C.20545 AMENDMENT TO INDEMNITY AGREEMENT NO.B-36'AMENDMENT N0.3 Effective February 1, 1969, Indemnity Agreement No.B-36, between Niagara Mohawk Power Corporation and the Atomic Energy Commission, dated August 16, 1967 amended, is hereby further amended as follows: The amount."$74,000,000" is deleted wherever it appears and the amount"$82,000,000" is substituted therefor.The amount"$57,350,000" is deleted wherever it appears and the amount"$63,550,000" is substituted therefor.The amount"$16,650,000" is deleted wherever it appears and the amount"$18,450,000" is substituted therefor., as FOR THE UNITED STATES ATOMIC ENERGY COMMISSION Eber R.Price, Director Division of State and Licensee Relations Accepted 1969 By NIAGARA MOHAWK POWER CORPORATION BOOXN@OSAEG LQ PEP'$9o9 RPOUIATORY g",'L 7 p.OiiOi O-O;y QLQi(y*R Qe~'+g+~egq+

ace I t.i H'I C h~

1/ivy,n E XohqM~vor-Corporation AOQ SHa SaaieVar4 m'Sgi cusoE Lett York 1 OETCOF-OCCOTCEO OETEEECEITEO 1-3I-69 1-'99-69 IIEPORTI I.TR, 3/Ool OTHER: TOI Ih'.~R.Pr ce POST OFFICE REG, NOI ORIG.I ACTION NECESSARY Q NOACTIONN CESSARY Q FILE CODE: CONCURRENCE COIENT P DATE ANSWEREDI 0 BY: DESCRIPTION:

I Most Be UocbwificEII REFERRED TO DATE RECEIVED BY DATE Ltr tram the X'o1Iovtngs v cg or'n 2/3 ENCLOSURES JQSQRKBT Me g 5)Z89MfXTX XGR~T M.3-36, ag aeceptecl'I aignei cy'ec'1)REMARKS MSTRIBUTXONt 1-Syph Cg 1-~C PBR 1-OQQ(Engelhardt)

)-I eath~Fl I I'C To'E'F FEE AV 8 COVERHMEHr PRIHTIHC OYPICEl 1008 200 015 I U.S.ATOMIC ENERGY COMMISSION

~)L (QNTRQL FQQQ FORM AEC-320S IB 001 q>yea;!f~g rI~k 1 ie J I 4 1p r k~('S r!.t I[P, l~s'~4 I I ,P!r t li!4-NIAGARA MOHAWK POWER CORPORATION NIAGARA MOHAWK R.EI.CONSTABLE VICE IRRESILIENT 000 ERIE BBUAEVARB WEIII)W I SY RAG US 2, N.Y.I 3202 January 28, 1969 Mr.Eber R.Price, Director Division of State and Licensee Relations Atomic Energy Commission Washington, D.C.20545 ,O4.-y'~g0~7O-i/7~Regulatory SuPPI File Cy.I'9 c

Dear Sir:

In accordance with your letter of January 6, 1969, we have executed the revised indemnity agreement entitled"Amendment No.2 to Indemnity Agreement No.B-36" and return herewith one executed copy.Very truly yours R.D.onsta le.RDC/gh~~)ill II~OOCKETEO USAEC BANS OI969>I~REGUIATORY ti'IAIL SECTION DOCKET CLERK~'chal)'g[glIIIIRI~gS[(PIIIR) 270

~O glCI A 0 d 14$$$I~.<Oy*OI'~UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C.20545 9~~AMENDMENT NO, 2 TO INDEMNI1Y AGREEHZZT NO.B-36 0>12 gQ i+~o 4 Cu F'ffective

~0~3, Indemnity Agreement No.B-36, dated'ugust 16>1967 , as amended, is hereby further amended in'its, entirety, and the following substituted therefor.'

I~'his Indemnity Agreement B-36 is entered into by-and between the Niagara Mohawk Power Corporation

,, (hereinafter referred to as the"licensee")and the United'tates Atomic Energy Commission (hereinafter referred.to as the"Commi.ssion)-pursuant to subsection 170c of the Atomic Energy Act of 195II;as amended (herein-after referred to,'as"the Act").ARTICLE I As used in'this agreement:

1."Nuclear'reactor,""byproduct material,""personp source" material," and."special nuclear material" shall have the meanings'given them'in the Atomic Energy Act of.195II.;as amehded,'and the regulations issued.by the Commission.

2.Except where otherwise specifically-provided,"amount of'inan-cial protection".

means the amount specified in Item 2a and.b, of the Attachment annexed'hereto, as modified by paragraph 8;Article II, with respect to common occurrences.

F 3'(a)"Nuclear incident" means any occurrence, including'n extra-ordinary nuclear occurrence, or series of occurrences at the location or in the course of transportation causing bodi>ingury, sickness,'-'disease, or death, or loss of or damage to property, or loss of'use"of property, arising out of or resulting from the radioactive, toxic~'xplosive, or'ther hazardous properties of the radioactive material.P (b)Any occurrence, including an extraordinary nuclear occurrence, or series of occurrences causing bodily ingury, sickness, disease or death', or loss of or damage to property, or loss of use of"property, 270 arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of i.The radioactive material discharged or dispersed, from the location over a period of days, weeks, months or longer~and also arising out of such properties of other material definedas"the radioactive material" in any other agreement or agreeaents entered into by the Commission under,,subsection, g, 170c or k of the Act and so discharged or dispersed from"the'ocation" as defined in any such other agreement, or 11.The radioactive material,in the course of transportation and also'arising"out" of such properties of other material defined in any other agreement entered into by the Commission pursuant to subsection 170c or k of the Act as"the rad1o-active material" and which is in the course of transportation'hall be deemed to be a common occurrence.

A common occurrence shall be deemed to constitute a single nuclear incident.4."Extraordinary nuclear occurrence" means an-event which the Commission has determined to be an extraordinary nuclear occur-rence'as defined in the Atomic Energy Act of 1954, as amended.'5

~"In'the course of transportation" means in the course of trans-portation within the United States, including handling or temporary storage incidental thereto~of the radioactive material to the loca-tion or from the location provided that: (a)With respect to transportation of the rsdioactive material to the location, such transportation is not by predetemination to be interrupted by the removal of the material from the transporting conveyance for any purpose other than the continuation of such trans-portation to the location or temporary storage incidental thereto;(b)The transportation of the radioactive material from the loca-tion shall be deemed.to end when the radioactive material is removed from the transporting conveyance for any purpose other than the con-tinuance of transpoitation or temporary storage incidental thereto;(c)"In the course of transportation" as used in this agreement'hall not include transportation of the radioactive material to the 3 w location if the material is also"in the course of transportation" from any other"location" as defined in any other agreement entered: into by the Commission pursuant to subsection 1$0c or k of the Act..'."Person indemnified" means the licensee and, any other person who may be liable for public liability.

IP y 7."Public liability" means any legal liabQ.ity arising out of or resulting from a nuclear incident, except (1)claims under State or:, Federal Workmen's Compensation Acts of employees of persons indemni-: f5.ed 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 trans-<'er of the radioactive material, and (b)if the nuclear incident occurs in the course of transportation of the radioactive materia1,", the transporting vehicle, containers used in such transportation~

and, the radioactive material.8."The location" means the location described in Item 4 of the Attachment hereto.9."The radioactive material" means source~special nuclear,,and byproduct miterial which (1)is used or to be used in,,or is ir-.radiated or to be irradiated by, the nuclear reactor or reactors.subject to the license or licenses desi~ed in the Attachment hereto, or (2)which is produced as the result of operation of said", reactor{s).

10."United States" when used.in a geographical sense includes all Territories and, possessions of the United States, the Canal Zone and, Puerto Rico.ARTXCLE II 1 At all times during the term of the license or licenses desig-, nated in Item 3 of the Attachment hereto~the licensee w511 maintain financial protection in the amount specified in Item 2 of the Attach-ment and.in the form of the nuclear energy liability insurance policy designated in the Attachment.

If more than one license is designated in Item 3 of the Attachment, the licensee=agrees to maintain such financial protection until the end of the term of that license which will be the last to expire.The licensee shall, notwithstanding, the expiration, termination, modification, amendment, suspension or revo-cation of any license or'licenses designated, in Item 3*of the Attach-ment, maintain such financial protection in effect until'all the radio-active material has been removed from the location and.transportation of-the radioactive mater'ial from the location has ended as defined in subparagraph 5(b),.ArQ.cle I, or until the Commission authorizes the termination or the modification of such financial protection.

The Commi.ssion will not unreasonably withhold such authorization.

2"-In the event of any payment by the insurer or insurers under a policy or policies specified in Item 5 of the Attachment hereto which reduces the aggregate limit of such policy or policies below the amount of, financial protection, the licensee will promptly apply to his insurers for-reinstatement of the amount specified in Item 2a of the Attachment (without reference to paragraph b of Item 2)and will make all reasonable efforts to obtain such reinstatement.

In the event that the licensee has not obtained, reinstatement of such amount within ninety days after the date of such reduction, and in the absence of good cause shown to the'ontrary, the Commission may issue an order requiring the licensee to furnish financial protection for such amount in'another form.3.Any obligate.ons of the licensee under subsection 53e(8)of the Act to indemnify the United.States and the Commission from public liability, together with any public liability satisfied by the in-surers under the policy or policies designated in the Attachment hereto,.shall not in the aggregate exceed the amount of financial protection with respect to any nuclear incident, including the reason-'ble costs of investigat9.ng and settling claims and defending suits for damage+O'ith, respect to any extraordinary nuclear occurrence to which this agreement applies~the Commission~

and the licensee on behalf of itself and other, persons indemnified, insofar as their interests appear, each agree to waive I (a)any issue or defense as to the conduct of the claimant or fault of.persons indemnified~

including~

but not limited to (1)'negligence; (2)contributory negligence; 1 (3)assumption of the risk;(4)unforeseeable intervening causes, whether involving the conduct of a third person or an act of God.As used.herein,"conduct of the claimant" includes conduct of persons through whom the claimant derives his cause of action;(b')any issue or defense as to charitable or governmental immunity;'(c)" any issue or defense based on any statute of limitations if suit is instituted within three years from the date on whicP the claimant first knew, or reasonably could have known, of his injury or damage and the cause thereof, but in no event more than ten years after the date'f the nuclear incident.The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional ,or'elating to an element in the cause of action.The waiverp shall'"~Sp'judicially

'enforceable in accordance with their terms by the claimant against'the person indemnified.

I gh The waivers set forth in paragraph 4 of this Article: (a)shall not preclude a defense based upon a failure to take reasonable steps to mitigate damages;(b)'"'shall not app+to injury or damage to a claimant or to" a claimant's property which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfu11y caused'by'the claimant;(c)'"shall not apply to injury to a claimant who'is employed.at the'ite of and in connection with the activity where the extra-ordinary nuclear occurrence takes place if benefits therefor are'" either payable'r required to be provided under any workmen's com-pensation or occupational disease law; (d)shall not app+to any claim for punitive or exemplary damagesp provided, with respect to any claim.for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary inguries resulting from such death but not to exceed the maximum amount otherwise recover-able under such law;(e)shall be effective only with respect to those obligations set forth in this agreement;(f)shall not app+to, or pre)udice the prosecution or defense.of, any claim or portion of claim which is not within the protection~

afforded under (1)the limit of liability provisions under subsection 170e of the Atomic Energy Act of 1954, as amended, and (2)the terms of this agreement and the terms of the nuclear energy liability, insurance policy or policies designated in the attachment hereto., 6.The obligations of the licensee under this agreement shall apply only with respect to nuclear incidents occurring during the term of this agreement.

H 7.Upon the expiration or revocation of any license designated in,Item 3 of the Attachment, the Commission will enter into an appropriate amendment of this agreement with the licensee reducing the amount.of, financial protection required under this Article;provided, that the licensee is then entitled to a reduction in the amount of financial protection under applicable Commission regulations and orders.8.With respect to any common occurrence: (a)If the sum of the limit of liability of any Nuclear.EnergyLiability Insurance Association policy designated in Item 5 of the Attachment and the limits of liability of all other nuclear energy,.liability insurance policies (facility form)applicable to such common occurrence and issued by Nuclear Energy Liability Insurance Association exceeds$57,350,000, the amount of financial protection specified in Item 2a and b of the Attachment shall be deemed to be.-, reduced by that proportion of the difference between said sum and$57,350,000 as the limit of liability of the Nuclear Energy Liability Insurance Association policy designated

'in Item 5 of the Attachment

,.

w 7 w h bears to the sum of the limits of liability of all nuclear energy, liability insurance policies (facility form)applicable to such common occurrence and issued by Nuclear Energy Liability Insurance Association;(b)If the sum of the limit of liability of any Mutual Atomic Energy Liability Underwriters policy designated in Item 5 of the Attachment and the limits of liability of all other nuclear energy liability insurance policies (facility form)applicable to such.common occurrence and issued by Mutual Atomic Energy Liability Underwriters exceeds$16,650~000, the amount of financiiQ.

protection specified, in Item 2a and b of the Attachment shall be deemed to be reduced by that proportion of the difference between said sum and$16,650,000 as the limit of liability of the Mutual Atomic Energy'iability Underwriters policy designated in Item 5 of the Attachment bears to the sum of the limits of liability.

of all nuclear energy liability insurance policies (facility form)applicable to such common occurrence and issued by Mutual Atomic Energy Liability'nderwriters;(c)If any of the other applicable agreements is with a person who has furnished financial protection in a form other than a nuclear'nergy liability insurance policy (facility form)issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters, and.if also the, sum of the amount of finan-cial protection established, under this agreement and the amounts of ,financial protection established, under all other applicable agreements exceeds$74,000,000, the obligations of the licensee shaU.not exceed a greater proportion of$74~000,000 than the amount of financial pro-tection established under this agreement bears to the sum of such amount and the, amounts of financial protection established under all other applicable agreements.(d)As used in this paragraph 8, Article II, and in Article III,"other applicable agreements" means each other.agreement entered into by the Commission pursuant to subsection,170c of the Act in which agreement the nuclear incident is defined as a"common occurrence.".

As used in this paragraph 8, Article II,"the obligations of the licensee" means the obligations of the licensee under subsection 53e(8)of the Act to indemnify the United States and the Commission from public liability, together with any public liability satisfied by the,insurers under the policy or policies designated in the Attachment, and the reasonable costs of'investigating and settling claims and, defend,ing suits for damage.9.The obligations of the licensee under this Article shall not be affected by any failure or default on the part of the Commission or the Government of the United States to fulfill any'or all of,its obligations under this agreement.

Bankruptcy or insolvency of any person indemnified other than the licensee, or the estate of any person indemnified other than the licensee, shall not relieve the licensee of any of his obligations hereunder.

ARTICLE III 1.'he Commission undertakes and agrees to indemnify and hold harm-less the licensee and, other persons indemnified, as their interest may appear, from public liability.

2.With respect to damage caused by s nuclear incident to property of any person legally liable for the nuclear incident, the Commission agrees to pay to.such person those sums which such person would have been obligated to pay if such property had belonged, to another;pro-vided., that the obligation of the Commission under this paragraph 2 does not apply'with respect to: e (a)Property which is locate'd at the location described in Item 4'of the Attachment or at the location described in Item 3 of the declarations attached to any nuclear energy liability insurance policy designated.

in Item 5 of the Attachment;

'(b)Property damage due to the neglect of the person indemnified to use all reasonable means to save and preserve the property after knowledge of a nuclear incident;(c)'If the nuclear incident occurs in the cour'se of transportation of the radioactive material, the transporting vehicle and coritainers used in such transportation;(d)The radioactive material'.

'-9-3.The Commission agrees to indemnifJJ and hold harmless the licensee, and, other persons indemnified as their interest may appear, from the reasonable costs of'nvestigating, settling and-'defending claims for public liability.

I I 4.(a)The obligations of the Commission under this agreement shall apply only with respect to such public liability, such damage to.property of persons legally liable for the nuclear incident (other than such property described in the prov1so to'aragraph.2 of this*Article), and such reasonable costs described in.paragraph 3 of this Article as in the aggregate exceed the amount of financial protection.

~(b)With respect to a common occurrence~

the obligations of the Commission under this agreement shall appQ only with respect to such: public liability,.such damage to property of persons legacy liable for the nuclear incident (other than such property described.

in the proviso to paragraph 2 of th1s Article), and to such reasonable costs described in paragraph 3 of this Article, as in the aggregate exceed whichever of the following is lower: (l)The sum of the amounts of.financial protection establ1shed under, this agreement and all other applicable agreements) or (2)$74,000,000.

r 5.The obligations of the Commission under this agreement shall app+only with respect to nuclear incidents occurring during the term of this agreement.

6.The obligations of the Commission under'.this and all other agreements and contracts to which the Commission 1s a party shall no/with respect to any nuclear incident, in the aggregate exceed,-whichever of the following 1s the lowest: (a)$500,000,000)(b)$560,000,000 less the amount of financial protection required under this agreement; or (c)with respect to a common occurrence,~$560~000~000 less the sum of the amounts of financial protection established under this agreement and all other applicable agreements.

7.The obligations of the Commission under this agreement, except to the licensee for damage to property of the li.censee, shall not be'affected by any failure on the part of the licensee, to fulfiU.;its obligations under this agreement." Bankruptcy or insolvency of the licensee.or any other person indemnified or of the estate of, the licensee or any other person indemnified shall not relieve, the'Comnd.ssion of any of its obligations hereunder.

II~h 4~y~I C

-10>>ARTICLE IV 1.When the Commission determines that the United, States will probably be required to make indemnity payments under the provisions of this agreement, the Commission shall have the right to collaborate with the licensee and other persons indemnified in the settlement and defense of any claim and shall have the right (a)to require the prior approval of the.Commission for the settlement or payment of any claim or action asserted;against the licensee or other person indemnified for public liability or damage to property of persons legally liable for the'nuclear'ncident which claim or action the licensee or the Commission may be required to indemnify under, this agreement; and (b)to appear through the Attorney General of the United States on behalf of the licensee or othe'r person indemnified, take charge of such action and settle or defend any such action.If the settlement or defense of any such action or claim is undertaken by the Commission, the licensee shall furnish all reasonable assistance in effecting a settlement or asserting a defense.2.Neither this agreement nor any interest therein nor claim there-under may be assigned or transferred without the approval of the Commissiono ARTICLE V The parties agree that they will enter into appropriate amendments of this agreement to the extent that such amendments are required pursuant to the Atomic Energy Act of 1954~as aiended, or licenses, regulations or orders of'he Commission.

ARTICLE VI The licensee, agrtees to pay to the Commission such fees as are established by the Commission pursuant to regulations or orders of the Commission.

ARTICLE VII The term'f this agreement shall commence as of the date and.time specified in Item 6 of the Attachment and shal3.terminate at the time of expiration of that license specified, in Item 3 of the Attachment, which is the last to expire,'rovided that, except as may otherwise be provided in applicable regulations, or orders of the Commission, the term of this agreement shall not terminate until all the radioactive material has been removed from the location and transportation of the radioactive material from the location has ended as defined in subparagraph 5(b), Article I.Termination of the term of this agreement shall not affect any obligation of the licensee or any obligation of the Commission under this agreement with respect to any nuclear incident occurring during the term of this agreement.

I 4-11-UNITED STATES ATOMIC ENERGY COMMISSION ATTACHMENT Indemnity Agreement No.B-36 Xtem 1-Licensee Niagara Mohawk Power Corporation Address~300 Erie Boulevard West Syracuse, New York 13202-~jl, , Xtem 2-Amount of financial protection

'.$1~000~000 b.With respect to any nuclear incident, the amount specified in Xtem 2a of this Attachment shall be deemed to be ($.)reduced to the extent that any payment made by the insurer or insurers under a policy or policies specified in Item 5 of this Attachment reduces%he aggregate amount of such insurance policies below the amount specified.'in Xtem 2a and (ii)restored to the extent that, following such reduction, the aggregate amount'of such insurance policies is'einstated.

r Xtem 3-License number or numbers SNM-'1028 Xtem 4-Location The fenced, storage area in the high-voltage switchyard depicted in Attachment

$1 hereto and made a part hereof, and the Fresh-Fuel.

Storage Vault and the Spent-Fuel Storage Pool in the Reactor Building depicted in Figure 2 of the applicant's"Application for a Special Nuclear Materials License," all in Niagara Mohawk Power ,~Corporation's Nine Mile Point Nuclear Station in the town of Scriba, New York.Item 5-Xnsurance Policy No.(s),Nuclear Energy Liability Policy (Facility Form)No..NF-161, issued by the Nuclear Energy Liability Xnsurance Association.

'

II I Item 6-The indemnity agreement designated above, of which this Attachment is a part, is effective as of 12:Ol a.m.~on the 16th day of August 196'f.FOR THE UNITED STATES ATOMIC ENEHBY COMMISSION Eber R.Price, Director Division of State and Licensee RelationsAccepted'y , 196P P~~~W NAGARA MOHAWK BNKR CORPORATION jigll l II

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f 1 I e'5 p l TP, l I Jt I I X@8 a~-~~ss--~g~DATE OF DOCUMENTs.t DATE RFC ygD 2~~'-..;R.;.-MEMOs OTHERs TO: ORIGa OTHERs CLASS IF.s POST OFFICE REG.NOs ACTION NECESSARY~CONCURRENCE

[7 DATE ANSWERED(NO ACTION NECESSARY~

COMMENT BVs FILE CODE: 0~%9 2 GAEL s.'20 DESCRIPTION~

IMvst Ba Unelossifiesf)

REFERRED TO ATE RECEIVED BY DATE tzaru.ENCLOSURES;

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'>>4'j (P~".p5',w C'n I ((V jI',I.C I'(I (((y'(lj ((C Y'(i)4"I'((,'J (fan-I I g (t.((f I (I (Ill'i3-'r'I (j lj II (, I l-I I~qr t~~~~t(Wee ,I ARVIN C.UPTON CUGCNC 0.THOMAS, VR.LCONARO M.TAOSTCN WASRINOTON PARTNERS"'ll Q)gm LAw orrIccs or'.ro->go LEBOEUF, LAMB.LEIBY Ek MAC RAE 7()(7p 1821 JEFFERSON PLACE, N.W.WAsHINGTQN, D.C.20036 ONC CHASC MANHATTAN PLAZA NCW YORK, N.Y.IOOO 5 Re~.Ulqgpry~&I@06~February 23, 1968 WASHINGTON TCLCPHONC.'02 FEOCI(AL S-OIII Mr.Robert L.Layf ield Source 6 Special Nuclear Materials Branch Division of Materials Licensing United States Atomic Energy Commission Washington, D.C.20545

Dear Mr.Layfield:

I have had executed on behalf of Niagara Mohawk Power Corporation and return to you herewith one copy of Amendment No.1 to indemnity Agreement No.B-36 which was enclosed with your letter to me of February 14, 1968.Sincerely yours, John A.Lodge Enclosure DXKETED USAEC I-E826 1968>>RHtliggf NIL SOlrl011 (LYI po.(~I'-'e>~1 YII (/7~I T i"<'+O (T C3 (vi rT'I v v lC r A'h~,V~V h I I4'I~t l hr',4 I~I'I 4 I'41 t Vh VV t",i ll 4 V II~.4'4 ZV thr, II Clr L Vlf 41 f f r Vf rr IV~,~i".;i'44.

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<~ACCT PII++r r<IQ.0~+~teIy~5 OI leQ).p UNITED STATES ggg ATOMIC ENERGY COMMISSION WASHINGTON, D.C.20545/-~~o-/ops AMENDMENT TO INDEMNITY AGREEMENT NO.B-35>S~(AMENDMENT NO.1 Effective 12:01 a.m., February 14, 1968, Indemnity Agreement No.B-36 between the Niagara Mohawk Power Corporation and the Atomic Energy Commission, dated August 16, 1967, is amended as follows: Item 4 of the Attachment to the indemnity agreement is deleted in its entirety and the following is substituted in its place: Item 4-Location The fenced storage area in the high-voltage switchyard depicted in Attachment Nl hereto and made a part hereof, and the Fresh-Fuel Storage Vault and the Spent-Fuel Storage Pool in the Reactor Building depicted in Figure 2 of the applicant's"Application for a Special Nuclear Materials License", all in Niagara Mohawk Power Corporation's Nine Mile Point Nuclear Station in the town of Scriba, New York.DOCKETFD ULCC 3281968-t-WE5g<<<,">II, get I;'g-'I.i;1968~vDI y'" 1 r J Accepted FOR THE UNITED STATES ATOMIC ENERGY COMMISSION Division of State and Licensee Relations By 3~',i7'/NIAGARA MOHAWK PO~R CORPORATION

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4 Y I.e I~4 I I ,lf ,~~1)Yy C P)ee,~~\4'I~'7 s J L A'~e1 I~/~I I~i" I i e', hI I\I\I)II lf~$)le'4~~P e a.',Vp, r,.<<q.I'*\~", i I I Ie~I*~*4~It OPTIONAL PORM NO.IO aaIa-I'ar MAT leer EDITION OSA OEN REO.NO.fr~UNITED STATES GOUERNMENT Memorandum TO FROM Files Jerome Ealtzmaa, Chief M rLcmeE Xndemnity and.Export Control Branch Division of State and.Licensee Relations FfB: 4l968 sUBJEGT: AMIRIRGZPZ TO XNDEMNXTX AGRIKMIDT NO.B-36 NXAGARA MOHAWK POSER COHPORATXON

-DOCKETS NO.70-107 50-220 On February 13, 1968, the attorneys for Niagara Mohawk applied on behalf of the licensee for an amendment to its stox'age-only license No.SNM-1028 to permit interim storage of the reactor fuel in a fenced.-in area, 210'y 130', of the high>>voltage switchyard, at the Nine Mile Point Nuclear Station, as shown in Attachment gl to the February 13 letter.The applicant stated that the fuel, to be shipped.by GE, would.arrive at the reactox site before the construction would.be completed.

at the authorized, storage areas under SNM-1028~the fresh-fuel vault and.the spent-fuel pool in the Reactor Building.The same two storage areas within the Reactor Building comprise"the location" of Xndemnity Agree-ment No.B-36, dated August 16, 1967.On February 14~1968, we were informed by IML that GE had gone ahead, and shipped the fuel which was expected, to arrive at Niagara Mohawk on February 15.IML intended, to amend, SNM-1028, effective February 14, 1968, to permit the fuel to be stored in the fenced area of the hi+-voltage switchyarde Consequently we must amend the agreement accordingly~

effective on the same date as the amendment to SNM-1028.Reference will'be made to the fenced.area in the high-voltage switchyard, depicted in Attachment goal which will be made a part of the indemnity agreement.

On February 14, 1968, X telephoned.

NELIA and.learned that they had dis-cussed the additional storage area with the licensee and.informed the licensee that the fenced, switchyard, would.be added to the insurance policy.Bollman of NEIZA informed me that a telegram indicating the extension of the underlying financial protection to the new storage area, effective 12:Ol a.m.J February 14J 1968, would be sent to me immediately.

There is no change in the indemnity fee.cc: Eber Price, SLR J.Murray, OGC L.Baumgardner, OC L.Johnson, IML Buy U.S.Savings Bonds Regularly on the Payroll Savings Plan

'I)0<<d~'8..v.(r..r.<r rr(-l I tr I$I-.U<<>>t<<tl't I>>V..(',.(Irt.~dr~g I 1 lr I (v)>>(ri'~")',<I'I i 9 I>>I C*~~'I=<A'J(>>.~UI I 11 l~/(>>(t>>1 1<rj*I (,%I I"r.~=4 tr I.CU,5(.UJ,".I<<.~I.I,~j~.,'..(.r r (1 t'I 1<0<<<r I<: f'~lg I\I t'(,>>~C~I'-tr~,.L I.=I<<1 (.d>>~,'r (I (r I d ,'~.(>>,<<I)-I>>~.I (~I,.~>>)~f r J,<<1..I'I'I.>>I SDV'-~I+>>l d\(<<I~dr L'*r U-)Ir U).-(r>>rl'~<<J C U 0~L ar FEB 1 4 1968 gj.Xca lorol,o D.SoitzmW, Zcrme M.tea>>,~f'igrro5.

]oroclo~emits aM Exports CantroX.Brcach Xlivion of State aak Xtccnsae T~XnMons f p Q)~IXlpLLf g>12~~%.GQG 5$8 ZEl94RAL'03gX M;ZR COKKggMH WCKBX3 Ro~'$9~10)2>>P~0 I Cn 28egax'g 13>>~~9>>aha.atto~Xor H~a.YahmPL'cppXiag on,hehalg of the licensee for Gn ament.ta gs eterne~ox'icence Ilo QZ-1028 to pemif Xutmke stomge of th@reactor fuo1 in a, fence@in arcn>>, glo'y X~0'>>of tha~>-voXta~mat~are ct~h Vaosmc roast me~aCion>>ae choax in Attaint pl to e.Xbbmax'g'a Xottcr+Qlo cpplicQÃ4 Qtatel that the XlLQX>>to bo'gllxrpQC%g QEp'Uollm Grrivo at the reactor cite'afore the construction,mouXIR be nrpleteR at the aethoriml stora<:e areas under~&3.028>>'the fresh AeX.vault anl tho 4$cnt~gQQ3.XrooX.Ln the ECKLctox'@$

1cBJQQ<<92le GQzi~Wo Ntor&QQ areas vjthin the Reactor XmDBing~rise"the Xocat foa" of fxkmaitg ggxee-I:ut Lro.'3-36>>

4atc6 Augu4.XI5>>

X96 f.Cn, X'obreuy g>>496$>>X teXcphoneK K2KXQ en8 Xccrncg, thaC tht;.g ht8 Cf.s cm~the alcKtiomQ.

storage iree, cath the Xicensae an6,~or~the Xicaxmce that.the XlenccC, suitdgmG.@oulrX ho cmel to the$nsnranco, yoXLey RoXlzea of-MEAL infb~4 m thaC a, toXqgzm ierliceMn the cxhenoiom of the aaCm3ging ghmmehQ.>rotcctioa to%he wee storage awe>>eH'ective%-OX a.a.>>Fcbeuctg 3A>>1959>>eouM be syne to m~cCL@Mty I Here Is no chancre M the SnCemity fee., DISTRIBUTION:

cc: Gh"-r.Pggco>>95K 211e~0-220I 70 1072 O'.hurray>>CQC SLR Reading Pile,, Xio 2G~CCCr>>Ct Branch Reading File 5.Johucon>>ZK Ca February'XA>>3$69>>ve Mem~ox M~RK that CH'ha@gone qhcq4 auR@xkm=l tha fItlc1 ehich van ezgaetcC to anCve et Gia~UMBER om 7cbmerF Xg gK Lnten8e4 to emnC G-'-1028.affective Fcbwarg 14 3$N>>to petit Me WeX 4o ba borak M theX'cncc4 emu of the h~-VQX~o euitdgarl'oncegnntlg ve.uzi'~+eX the@~event according+>>

effective on the sam 6atq as the a~nt to SEE-1028 Reference vQ3.bo m4e to the fenceC, arcG fa Cm~volta@0 mitdgrar4.6oyiete4 Xa.-Attache&gL, W9,ch eXX1 be aMo a ym4 eC the Xz@cmNg~cecnt OFF tCE>SURNAME>DATE W SLg: I8cEC A~~Salt,zm a/x.4/68 Form AEC-318 (Rev.9-53)'i II S.GOVERNNEN7PIIINTINGOFFICEIIeee O-2ll&29 1 Q~X:j 3i.'Vi.',Z if.,'

AMEIMEKT TO XHDKCMH.'V AG1UQBKFZ m.$<<36 ummmamr m.1 Effective 12:01 a.m., February 14, 1968, Xndemnity Agreement Mo.8-36 between the Niagara Nohauk Panzer Corporation and the Atomic Energy Cemnission, dated August 16, 1967, is amended as follo0s.'Xtem 4 of the Attachment to the indemnity agreement i.s deleted in its entirety and the following is substituted in its place: Xtem 4-Location The fenced stoxage area in the high-voltage meitchyard depicted in Attachment, gl hereto and made a pirL.hereof, and the Fresh-Fuel Stox'age Vault and the Spent-Fuel Stoxage Pool in the Reactor Building depicted in Figure 2 of the applicant's"Application for a Special Nuclear Naterials.

License", all in Hiagara Mohan Power Corporation's Mine Nile Point Nuclear Station in the tnt of Scriba, Me+Vorlc.FOR THE UKEE9 STATES AYONXC EMERGE COKGSSXOM Eber R.Pxice, Mrector Mvision of State and Licensee Relations c~Accepted By , 1968 DXSTRXBUTXOM:

Licensee-2 orig.Formal HXmARA menm: Po~nm CORPORATXOM File.50-220;70-1072 OGC SLR R/F LBaumgardner, OC Branch R/F Compliance OFFICE>SURNAME>Sal 2/14/68 DATE P Form ARC-818 (IIev.943)=<<9 E 2/I"I f68/68 C, ta CCVtttctNT ttlNTINOOttlct 1~2VOt 3 4 I h I 4 l I I 4 I I I A I I"~I d 4'I J 4I II 4 ,'t 4~4 4!I I I p 4-~I 4 I JS~I 4.=~4 I II I'g~rh 4 44'h~4 4~lj'p r vr>>I, l/F F~~~e ATTACHi"iENT ii I'~llll~.1W Q': '2 0'IAIISI1CD GRADS eL..CC O.S'l TPP 0" N TURSINIC, GCVCRATPR.OLPG.;,.o, RCACTOR yi SL04 I Q RCACTOR I~I'TURCNAIC I GCI4CRATOR i$STlLCKŽS PG:.Zr'=CNI E IIVVP IIOUyr~I (9 V a a~530 ARCA TO SR VSCO POR NTSAINI PVEL STPITACG\\I~~~.I I I I I LC I HIGH VOLTAGE.SWITCH YARD I SCW/g CNITRAalCC RPA CITY WATCII SUPPLY OXIPAT ION/~>>,>>/POND/l/~MLVE,N'Tw

.~i/,//i/i////i/I i/'HANN flRE LCOP r~r CI'IY NATf R~eo~~l'(RACE Llhf FIRE HYORAYT IIANNOL I PROVISION FOR INf RC(NCY CCNN(CTION OF FIRE Pt PER fOR LANE NAT(R$UPPLY'IO FIRE L'ALI PROYIIICN IOR(LERCEACY CONNECTION OF CITY RATER TO FIR(HAIN IHROUCH FIR(HO5E I r hill l ill FNROGITLSS CENTI:R GRAPHIC~i llr~PLOT PLAN~'I NINE NIL'E POINT NUCLEAR STATIONI~ia fL"~.L h~'f O'eog, 4, JrlaRRgv DATE OF DOCUMENT: DATE RECEIVED-NoiT LTR IIERO: IIEPO T:"'THER: TO: ORIG CC: OTHER: C LASS IF POST OFFICE ACTION NECESSARY Q NO ACTION NECESSARY P FILE CODER CONCURRENCE CO T Q DATE ANSWEREDT 0 BYE REG.NO DEscRIPTIQN:

IIELuEI Be UncIETMilied)

Ltro tzeneo the.fOllo~Par Our 1etter of 8-16-67'EFERRED TO DATE RECEIVED BY DATE ENCLOSURES M0 (0)aig&4 copy af 3hg~gy~~-Ioo S-36+Cg:ICCCPteR M.U, H.~gg Vice Preao 6 Zmextive Zrgimam of Biag V+hmh A~Carp R'"AR"" Bigtrihation:

0-for~Me~R~wpgko fD8'I-OK (Eagle 0-leigh (OC)TR MOYE zy:-'=I P PTI tT T'gTL R$1 Y2 V.S.GOVERNMENT+RINTING OFFICE: I966 23S.SI9 U.S.ATOMIC ENERGY COMMISSION MAIL CONTROL FORM FORM AEC-326S.(8.60)

/, 1 h (Q')l~,b~A~!, f(N I LAw orrIccs or I'J~v&l/If'II~i I'I IiI ARVIN E, UPTON EUGENE D.THOMAS.dR.WASHIHO'IOH PARIHCAS LEBOEUF, LAMB 8L LEI BY I82I JEFFERSON PLACE, N.W.WAsHINGTQN, D.C.20036 Qp~pj g ratoz S->>t~ONC CEIASE MANHATTAN PLAZA NEW YORK, N.Y.IOOOS August 25, 1967 WASHIHOTOH TCI.CPHONC:

COC FEOCRAL S-OIII Mr.Robert L.Layfield Source&Special Nuclear Materials Branch Division of Materials Licensing United States Atomic Energy Commission Washington, D.C.20545

Dear Mr.Layfield:

I have had executed on behalf of Niagara Mohawk power Corporation and return to you herewith 1 copy of Xndemnity Agreement No.B-36 which was enclosed with your letter to me of August 16, 1967.Sincerely yours, John A.Lodge Enc.QL AUG'19tI7,"~,II.C.hTOIIlIC"EIIEROT CCLVII"EIO'I'ULC'.af."I T L!"Il, SC".tl:II DOCKHAND USAEC>UG2 81967 I 4 IIEOOLRTORT

~tlAIL SECTIOR S-DOCKET CLERK!Q)

I 0 Item g-Insurance Policy No.(s)-Nuclear Energy Liability Policy (Facility Form)No.NF-161, issued, by the Nuclear Energy Liability Insurance Association.

Item 6-The indemnity agreement designated above, of which this Attachmept is a part, is effective as of 12:Ol a.m., on the day of Ckc~~i~vZ i 1967.FOR THE UNITED STATES ATQ4XC ENERGY COMMISSION

.'er R.Price, Director ivision of State and Licensee Relations For the/Name of Licensee-p Cbpz.By P'lc.e P/c s.8 Exec.E~peee~Dated.at Bethesda, Maryland, the l4.~~day of Qcc g~~~, 1967.rl

+\0 1 y II li I Cyp O qN++OI UNlTED STATES ATOMIC ENERGY COMMISSION WASHINGTON 25, D.C.Indemnity Agreement B-g No.This indemnity agreement B-Q ,'-is entered into by and between the@~g gg~@~~yj~@g~~r (hereinafter referred to as the>>licensee>>)

and the United States Atomic Energy Commission (hereinafter r'eferred to as the'Commission")pursuant to subsection 170c of the Atomic Energy Act of 1954, as amended (hereinafter referred to as"the Act>>).r, ARTICLE I As used in this agre'ement, 1 iiNuclear reactor~>>>>byproduct material~>>>>person~>>>>source material," and"special nuclear material" shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission.

2.Except where otherwise specifically provided,"Amount, of financial protection" means the amount specified in Item 2 a and b, of the Attachment annexed hereto, as modified by paragraph 6, Article II, with respect to common occurrences.

3.(a)>>Huclear incident" means any occurrence or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, ex-plosive, or other hazardous properties of the radioactive material.(b)Any occurrence or series of occurrences causing bodily injury, sickness, disease or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, ex-plosive, or other hazardous properties of i.The radioactive material discharged or dispersed from the location over a period of days, weeks, months or longer and also arising out of such properties of other material defined as"the radioactive material>>in any other agreement or agreements entered into by the Commission under subsection 170 c or k of the Act and so discharged or dispersed from"the location" as defined in any such other agreement, or 1 II I" 4 I u I UNITED STATES ATOMIC ENERGY COMMISSION ATTACHMENT Indemnity Agreement No.Bg Item l-Licensee Gia@Cs No~I BNSr COX$0xneion 300 Feio Son?ovaN Mont Address SXMcnaep GcH York+202 Item 2-a.Amount of financial protection 4Lpooop000 b.With respect to any nuclear incident, the amount specified in Item 2a of this Attachment shall be deemed to be (i)reduced to the extent that any payment made by the insurer or insurers under a policy or policies specified in Item 5 of this Attachment reduces the aggregate amount of such insurance policies below the amount specified in Item 2a and (ii)restored to the extent that, follow-ing such reduction, the aggregate.amount of such insurance policies is reinstated.

Item 3-License number or numbers SE4 1.05 Item 4-Location%ha Presb Sml Stoxepo Venlt eoC the Spent Puel Storage Pool in the Reactor Iuimias of I&gem Nohevh Pcnrer Corporation'I Gina NLo Rhxt Bo&eor Station in the tawn of Scribe, Hew York>CeyicteC in PLgura 2 of the epplicant'o"Application for e Specked.Nuclear MaterhDs License."

~~p t 7y P 4~

Xtcm 5<<Xacuxaaca Poller Bo.{6)%aloe'nead QabQLtg PoD.cy (facility Fox+)Koi QP 161>iesueithe Pucleax'nergy LiaMXttg Xuomauce Associate.

Xtem 6>>The Sa4Ceaftg agmemnt Cea~te4 ebOVC>df OMCh tQ,O AttnchGMb A 6 psxtip i8 ctffcctfvo 16 of X2$0).o5sp bQ tt@3 clef df.p 1@7>>PQQ I KKTBp BTAKS g<%gC 5BEBN(CR9KNBXOif

~SglNd p INK R.Mason Sex'.Prkce>@erector NVia&n bf NSte un4 hfCOnS a RebNLouS Qato4 ot Be~sCa>Neglax4>tho,/4~day of Ckc~p 1967>>DISTRIBUTION:

File Docket 70-1072$0-22+~OGC Conrpliance

~Public Document Rm.~Formal~L.Baumgardner, OC~Indmmnity File SLR Reading File~Br.Reading File LR 4g,man: esc Vj28/67 Page SLR~EPrice I4

'")'(~'(l)tf~l

<<~~T 0 UN lTED STATES ATOMIC ENERGY COMMISSION WASHINGTON 25, D.C.0 t41E5 OI Indemnity Agreement No.is entered into This indemnity agreement B-Q by and between the Ifgyjgg gy~IC, pyg~~ggggyg (hereinafter referred to as the"licensee")and the United States Atomic Energy Commission (hereinafter referred to as the"Commission")pursuant to subsection 170c of the Atomic Energy Act of 1954, as amended (hereinafter referred to as"the Act").'L ARTICLE I's used in this agreement, 1."Nuclear reactor,""bypr'oduct material,""person,""source material," and"special.nuclear material" shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission; 2.Except where otherwise specifically provided,"Amount of'inancial protection" means the amount specified in Item 2 a and b, of the Attachment annexed hereto, as modified by paragraph 6, Article II, with respect to common occurrences.

3.(a)"Nuclear incident" means any occurrence or series of occurrences at the location or'in the course of transportation causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, ex-plosive, or other hazardous properties of the radioactive material.(b)Any occurrence or series of occurrences causing bodily injury, sickness, disease or death, or loss of or damage to prop'erty, or loss of use of property, arising out of or resulting from the radioactive, toxic, ex>>plosive, or other hazardous properties of i.The radioactive material discharged or dispersed from the location over a period of days, weeks, months or longer and also arising out of such properties of other material defined as"the radioactive material" in any other agreement or agreements entered into by the Commission under subsection 170 c or k of the Act and so discharged or dispersed from"the location" as defined in any such other agreement, or

>>:I*~~~~~I~" I~I~>>If~~ UNITED STATES ATOMIC ENERGY COMMISSION ATTACHMENT Indemnity Agreement No.B+'s~c~es 3M Kh fe 5~:vax4 Vtcet Address'F~~~~'4~~Item 2-a.Amount of financial protection b.With respect to any nuclear incident, the amount specified in Item 2a of this Attachment shall be deemed to be (i)reduced to the extent that any payment made by the insurer or insurers under a policy or policies specified in Item 5 of this Attachment reduces the aggregate amount of such insurance policies below the amount specified in Item 2a and (ii)restored to the extent that, follow-ing such reduction, the aggregate amount of such, insurance policies, is reinstated.

Item 3-License number or numbers 8R 1029 Item 4-Location 9ho Peah PueX Stoepo%bolt amL 49 Spent Peed Storogo Poo1.Xa the Reaetce Xhd.XCSag ot Hkagare fhhevlr Pa@ox;Corporation'6 Neo fAQe Polat Hucleor Gtetice ia the town oC'ca4ba>Hei York>Ceptetc4 in Pickaxe 8 ot Cm opyilcaa4'6"Ayyllcetion f5x'Hyeatsk Heeiem'aCe~

Xheanee>>"

\I Y i/1 I a E/

g~gC@Q,~PO~Cg Qlo (ly j w gC~Pg~CCgP~Q~$g PO~qg (5hc4Lilg Qxm)&~.GP X6X>kasee4 hy'he 5@Q@e Bae~t'abfU.tg Xe~meO AesoeSAhm.-

XOa 6~QQ$5$II51kg epolceai Css~toC&Nag 01'htch thai as'a a hoss~ka efcsssive as of 18<01, a.a., oa shs ,~,of~.'1$57e~'I H AB 5$KE'K9 G~~QC KRZGV OK&CSXCH Origina[Sign%8y)agnes R.Meson t ,p)ji lt'J JUL 3 2 867 Files Jerome Saltzman Indemnity 8o Export Control Branch Division of State and Licensee Relations i ZKRSXTX AGHEI'2K'Oo B$6p IGAGABA MOHI'K BXfER CORPORATION DOQET HOS.70-1072 N9 50 220 i a Niagara Mohawk Power Corporation has been authorized by Construction Permit CH?a=16 to construct the Hine Ikile Point Huclear Station, a boiling water, 1538 megawatt (ih'ermal) reactor on Xake Ontario in the town of Scriba, Hew York.XMK is now, prepared, to issue a storagewnly 3.icense>SK4-1028, for the storer@of the fuel for the reactor.Xn accordance with 6140.13's a holder of a construction permit and.a license issued pur-suant to Part'f0 for the storage of fuel.at the site of the reactor, Hiag~Hohaw'k is required to offer proof of financia1 protection for+.,000,000 and.to enter into an indemnity agreement with the Commission.

Proof of financial protection for@,000,000 is evidenced in a copy of HHXXA Policy Ho.HF-161, effective June 14, 1967.1 The location of the storage of the flml is the'Fresh-Fuel Storage Vault-and the Spent-Bxel Storage Pool in the Reactor'Rd.lding of the Niagara Mohawk Power Corporation's Gine kK3.e Point Nuclear Station in the town of Scriba, Hew York.The location of the storage facilities is delineated.

in Figure 2 of Hiagara Vuhawk's"Application for a Special Huclcam.'aterials License" (attached j.The indemnity fee is$100 per annum~effective on the date the.storagc-'.'only license is issued.Attachment!

Figure 2-Reactor Building Operating'Floor cc: 4.R.Price, SLR+.0.Page~SLR~F.Engelhardt, OGC~L.Baumgardner~

OC DISTRIEJTION:

~SLR Reading File~ranch Reading Pile e Docket Nos.0-10 2 and.0-220 OFFICE P Salt SURNAME>PATE 1'rorm AEC-318 (IIov.OW)~esc 7/28/67 V.S.GOVOlNNFNVPRINTlNGCFFICE;116~2li 629

<<I ii I~il 4 I I a~Ita i*,4 I<<<<(<<f<<4,4~4-I>>(~1't I(-(I*I a It.I,, a<<I'," I" il aa'i 4, k" 4 4 I'<<4<<f'.'fl.3~I4..4 I 4 I I-34 4 I I I'4 I'4 I!\4'I<<I 4, 4~g~t...l 4(I I~44I , I tf'I~~~!.II'~*44 ar~, I 4 4 (5+CT~OR BUILDING OPERATING iilIOR.'FIGURE 2'Elevator Fresh Fuel Storage Vault S pent Fue l S)oragc Pool Air Lock/I I 4 Reactor Z Cl 2 lA Cf f ul men Hotch F'toor El.340-0" Storage.Pit Air Venf C