ML18054B095

Forwards Executed Amends 10 & 18 to Indemnity Agreements B-40 & B-22,respectively

ML18054B095
Person / Time
Site:	Palisades, Big Rock Point, 05000000
Issue date:	11/06/1989
From:	Frounfelker R CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To:	Dinitz I NRC
References
NUDOCS 8911170052
Download: ML18054B095 (6)

Text

consumers Power

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.....v . POWERINli MICHlliAN'S PROliRESS General Offices: 212 Wast Michigan Avenue, Jackson, Ml 49201 * (517) 788-0550 November'6, 1989 Mr Ira Dinitz US Nuclear Regulatory Commission Mail Stop 128 Washington, DC 20555 INDEMNITY AGREEMENTS B-40 AND B-22 DOCKET NO 50-255 - PALISADES DOCKET NO 50-155 - BIG ROCK POINT Attached in duplicate are Amendments 10 and 18 which have been executed by RM Griswold on behalf of Consumers Power Company.

R E Frounfelker Director of Corporate Insurance CC RRFrish, P-24-608 r*. -** -* .0Cll89-08-IN01 .

( 8911170052 891106 .. l ~

' I I A CMS ENERGY COMPANY

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• UNITED STATES NUCLEAR REGULATORY COMMISSION e

WASHINGTON, D. C. 20555 Docket No. 50-255 Amendment to Indemnity Agreement No. 8-40

. Amendment No. IO Effective July 1, 1989, Indemnity Agreement No. B-40, between Consumers Power Company, and the Atomic Energy Commission dated January 20, 1970 amended, is hereby further amended as follows:

The amount "$160,000,000* is deleted wherever it appears and the amount us200,ooo,oooa is substituted therefor.

The amount "$124,000,000" is deleted wherever it appears and the amount "$155,000,000° is substituted therefor.

The amount "$36,000,000" is deleted wherever it appears and the amount "$45,000,000 is substituted therefor.

11 Paragraph 1, Article I is modified t~ read as follows:

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1. "Nuclear reactor," "byproduct material," "person," "source material,"

"special nuclear material," and "precautionary evacuation" shall have the meanings given them in the Atomic Energy Act of 1954, as amended, -~-

and thE: regulations issued* by the Commission~ * <* *;,.

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The defir.ition of "public liability" in paragraph 7, Article I is del~ted, and the following is substituted therefor:

"Public liab'f1ity" means any legal liability arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable additional costs incurred by a State or a political subdivision of a State, ir. the course or responding to a nuclear incident or precautionary evacuation},

except (1} claims under State or Federal Workmen's Compensation Acts of employees of persons indemnified who are employed (a) at the location or, if the nuclear incident occurs in the course of transportation of the radioactive material, on the transporting vehicle, and (b) in connection with the licensee's possession, use or transfer of the radioactive material; (2) claims arising out of an act of war; and (3) claims for loss of, or damage to, or loss of use of (a) property which is located at the location and used in connection with the licensee's possession, use, or transfer of the radioactive material, and (b) if the nuclear incident occurs in the course of transportation of the radioactive materia 1, the transporting vehicle, containers used in such transp~tation,

• and the radioactive material.

Paragraph 4(c), Article II is revised to read as follows:

(c) Any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first. knew, or reasonab.ly could have known, of his injury or damage and the cause thereof. ,

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2 Item 2a of the Attachment to the indemnity agreement is deleted in its entirey and the following substituted therefor:

Item 2 - Amount of financial protection a* $1, 000 , 000 {From 12:01 a.m., January 20, 1970, to 12 midnight, March 23, 1971, inclusive)

$82,000,000 {From 12:01 a.m., March 24, 1971, to 12 midnight, February 29, 1972, inclusive)

$95,000,000 {From 12:01 a.m., March 1, 1972 to 12 midnight, February 28, 1974 inclusive)

$110,000,000 {From 12:01 a.m., March 1, 1974, to 12 midnight, March 20, 1975, inclusive)

$125,000,000 . _(Fro.m 12:01 a_.m *. , March 21, 1975, to 12 midnight, April 30, 1977, -

inclusive) -~

$140,000,000* {From 12:01 a.m., May 1, 1977, to 12 midnight, April 30, 1979, inclusive)

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

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

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Cecil O. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation

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

3 Accepted November 6 1989 tA.PPROVED AS TO FORM 8, ,

By~consumersowerompany M"Sf: IU"Z-7*

CONSUMERS POWER COMPANY LEGAL DEPARTMENT

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket No. 50-155 Amendment to Indemnity Agreement No. B-22 Amendment No. 18 Effective July 1, 1989, Indemnity Agreement No. B-22, between Consumers Power Company and the Atomic Energy CoD1111ission dated July 18, 1962, as amended, is 1

hereby further amended as follows:

The amount $160,000,000* is deleted wherever ft appears and 0

the amount *s200,ooo,000° is substituted therefor.

The amount "$124,000,000" is deleted wherever it appears and the amount *s1ss,ooo.ooo" is substituted therefor.

The amount 0 $36,000,000" is deleted wherever it appears and the amount "$45,000,000" is substituted therefor.

Paragraph 1, Article I is modified to read as follows:

1. "Nuclear reactor,* "byproduct material," "person," "source material,"

"speci a 1 nuclear materia 1," and "precautionary evacuatior1 shall have 11 the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued *by -the Cormni ss fon*. *

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The definition of "public liability" in paragraph 7, Article I is* deleted, and the following is substituted therefor:

"Public liability" means any legal liability arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable additional costs incurred by a State or a political subdivision of a State, i~ the course or responding to a nuclear incident or precautionary evacuation),

except (1) claims under State or Federal Workmen's Compensation Acts of employees of persons indemnified who are employed (a) at the location or, ff the nuclear incident occurs in the course of transportation of the radioactive material, on the transporting vehicle, and (b) in connection with the licensee's possession, use or transfer of the radioactive material; (2) claims arising out of an act of war; and (3) claims for loss of, or damage to, or loss of use of (a) property which is located at the location and used in connection with the licensee's possession, use, or transfer of the radioactive material, and (b) if the nuclea-r incident occurs fn the course of transportation of the radioactive material, the transporting vehicle, containers used in such transportation,*

and the radioactive material.

Paragraph 4(c), Article II fs revised to read as follows:

(c) Any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his injury or damage and the cause thereof..

• 2 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted _..,.N.w..oy~e.i11mi.w.be.,.r.......w6_ _ , 1989 APPROVED AS TO FORM wrrr- '".z..7* e, CONSUMERS POWER COMPANY LEGAL DEPARTMENT

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