ML18228A311

10/14/1977 Letter Indemnity Agreements Nos. 31 Through 36 to Policy No. MF-55, and Indemnity Agreement No. 36 to Policy No. NF-185

ML18228A311
Person / Time
Site:	Turkey Point
Issue date:	10/14/1977
From:	Robert E. Uhrig Florida Power & Light Co
To:	Dinitz I Office of Nuclear Reactor Regulation
References
Download: ML18228A311 (23)

Text

U.S. NUCLEAR AEGUI ATORY C ISS I OOCKET NUMBEA NRC FORM 195

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FILE NUMBER NRC DISTRIBUTION FoR PART 60 DOCKET MATERIAL IiVSUR C FROM'PL DATE OF OOCUMENT TO Ira Dintiz 10/14/77 5Iiami, Fl. 33101 DATE RECEIVEO Robert E. Uhrig 10/19/77 C3 NOTO R IZE 0 PROP INPUT FORM NUMBEA OF COPIES RECEIVEO WLETTE A HORIGINAI 326NCLASSIF I ED Q COPY OESCRIPTION Consists of'ndemnity agreements Nos, 31 through 36 to policy No. MF-55 and indemnity agreement no. 36 to policy no NF-185 with ltrs, dated 02/25/77 (1-77-46) 03/23/77 (L-77-91)

, 06/23/77 (L-7?-188) and 06/18/77 (L-76-228)...

1p 12p jcm 10/20/77 FOR ACTION/INFORMATION DINITZ N Y FOR ACTION INTERNAL OISTRI BUTION REG FILE NRC PDR H. JORDAN EXTERNAL OISTRIBUTION .ROL NUMBER TIC Pp.

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0 i P. O. BOX 013100, MIAMI, FL 33101 Ql Ib 0-a0g FLORIDA POWER & LIGHT COMPANY October 14, 1977 L-77-318 u

t Cf fice of Nuclear. Reactor Regulation Attn: Ira Dinitz, Indemnity Specia1ist, 4J Office of Antitrust and Indemnity; 'g U. S. Nuclear Regulatory Commission Washington, D. C. 20555 00l'g o Dinitz:

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Re: Turkey Point Unit No. 4 (Docket No. 50-2 Mutual Atomic Energy Liability Underwrite s $ 'q . -55 Nuclear Ener Liabilit Insurance Associat>Crn - c No.NF-185 Your letter dated October 5, 1977 stated that you have no record of receiving indemnity agreements Nos. 31 through 36 to policy No. MF-55 and indemnity agreement No. 36 to policy No. NF-185.

Florida Power 6 Light Company forwarded these agreements to you with letters dated February 15, 1977 (L-77-46),March 23, 1977 (L-77-91), June 23, 1977 (L-77-188), and June 18,1976 (L-76-228):

Copies of these letters are enclosed.

Yours very truly, Robert E. Uhrig Vice President REU/bb Enclosures cc: Robert Lowenstein, Esq.

PEOPLE .. ~ SERVING PEOPLE

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'A ft MIAMI, FL 33TOT Vga FLORIDA POWER 8 LIGHT COMPANY February 15, 1977 L-77-46 Director of Nuclear Reactor Regulation .

Attn: Jerome D. Saltzman Office of Antitrust and Xndemnity U. S. Nuclear Regulatory Commission Nashington, D. C. 20555

Dear Mr. Saltzman:

Re: Turkey Point. Plant Units 3 and 4 Docket. Nos. 50-250 and 50-251 Mutal Atomic Energy Liability Underwriters Policy No..MF 55 Endorsement Nos. 31, 32, 33 Enclosed are five (5) certified copies and three (3)

Xerox copies of Endorsement Nos. 31, 32, and 33 to MAELU Policy No. MF-55 representing Nuclear Energy Liability coverage at Turkey Point Plant.

Copies of Endorsement No. 30 were forwarded to you on January 14, 1977.

Yours very truly, Robert. E. Uhrig Vice President REU/hlc Enclosures.

cc: Robert Lowenstein, Esp.

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NUCLEAR ENERGY LIABILITYINSURANCE

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MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS

'I WAIVER OF DEFENSES ENDORS~NT

(Extraordinar Nuclear'Occurrence)

The named insured,.acting for himself and every other insured under the policy, and the members of the Mutual'Atomic En'ergy Liability Underwriters agree as follows:

1. Mth respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the construction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive

.(1) any issue or defense as to the conduct of the claimant or the fault of of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii) assumption or risk, and (iv) unforeseeable intervening causes, whether involved the conduct of a third person, or an act of God, (2) any issue or defense as*to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations if suit is first knew, instituted within three years from the date on which the claimant or reasonably could .have known, of his bodily injury or property damage and the cause thereof, but in no event more than twenty years after the date of. 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 relating to an element in the cause of action.

2. The waivers set forth in paragraph l. above do not apply to (a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or required to be provided under any workers'ompensation or occupational disease law; (c) any claim for punitive or exemplary damages, 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 injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under such law.

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3. The waivers set forth in paragraph l. above shall be effective only with respect

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to bodily injury or property damage to which the policy applies under its terms other than this endorsement; provided, however that with respect to bodily injury or property damage resulting from an extraordinary nuclear occurrence, Insuring Agreement IV, "Application of Policy, " shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against, the insured not later than twenty years after the date of the extraordinary nuclear occurrence. Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indemnification between the named insured'nd the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170 e. of the Atomic Energy Act of 1954 as amended.

Such waivers shall not preclude a defense based upon the failure of the claimant.to take reasonable st:eps to mitigate damages.

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4. Subject to all of- the limitations stated in this endorsement and itL the Atomic .

Energy Act of 1954, as amended, the waivers set forth in paragraph l. above shall be judicially enforceable. in accordance with, their terms, against any insured in an action to recover damages because of bodily injury or property damage to which

'he policy applies as proof of financial protection.

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5. As used herein:- "extraordinary nuclear .occurrence" means an event which the Nuclear Regulatory Commission has, determined to be, an extraordinary nuclear occurren as defined in the Atomic Energy Act of 1954, as amended. "financial protection" and "nuclear incident" have meanings'given th'em in the Atomic Energy Act of-1954, as amended. "claimant" means the person or organization actually sustaining the bodily injury or property damage and also include his a'ssignees, legal represen-tatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

Effete Date of To form a:part this Endorsement f Poiicy No Florida Power and Light Co.

Issued to January 24,1977 Date of Issu THAT THIS IS A THIS IS TO CERTIFY

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G000VAII SECNTAR LIABILITY UIIDERNRITERS ATOIHC'EIIERGY MUTUAL 33 Kndorscmcnt No. Countersigned b ~

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NUCIEAR ENERGY LIABILITYINSURANCE MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS AMENDMENT OF CONDXTION 2 "XNSPECTION; SUSPENSION" FACILITY FORM)

It is agreed that Condition 2 "INSPECTION; SUSPENSION" is replaced by the foll.owing:

2. INSPECTXON;SUSPENSION. The companies shall at any time be permitted but not obligated to inspect the facility and all operations relating thereto and to examine the insured's books and records as far as they relate .to the subject matter of, this insurance. Neither the right to make inspections and examinations nor the making thereof nor any advice or report resulting therefrom shall consti-tute an undertaking, on behalf of or for the benefit of the insured or others, to determine 'or warrant that such facility or operations. are safe or healthful, or are in compliance with any law, rule or regulation.

If a representative of the companies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hazard, a representative of the companies may request that such condition be corrected without delay.

In the event of non-compliance with such request, a representative of the

, companies may, by notice to the named insured, to any other person or organization considered by the companies to be responsible for the continuance of such dangerous condition, and .to the United .States Nuclear Regulatory Commissi.on, suspend the..

insurance with respect to the named insured and such other person or organization effective 12t00 midnight of the next business day .of such Commission following the date that such Commission receives such notice. The period of such suspension shall terminate as of the time stated in a written notice from the companies to the named insured and to each such person or organization that such condition has been corrected.

Effective Date of To form a part this Endorsement January 1, 1977 f Policy No.

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NUCLEAR ENERGY LIABILITYINSURANCE MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS AMENDMENT OP DEFINITION OF "NUCLEAR ENERGY HAZARD" Indemnified Nuclear Facilit Zt is agreed that:

1. Solely with respect to an "insured shipment" to which the policy applies as proof of financial protection required by the Nuclear Regulatory Commission subdivision (2) of the definition of "nuclear energy hazard" is amend'ed to read:

(2) the nuclear material is in an insured shipment which is away from 'any

, other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within

,.(a) the territorial limits of the United States of America, its territories or possessions, Puerto Rico or the Canal Zone;, or (b) international waters or airspace provided that the nuclear material is in the course of transportation between two points located within the territorial 1'.mits described in (a) above and there are no deviations in the course of the transportation for the, purpose, of going to'any other coun'try, 'state or nation, except a deviation in the course of said transportation for the purpose of going to or returning from a port. or place of refuge as the result of'n emergency.

2. As used here, "financial protection," has the meaning given it in the Atomic Energy Act of 1954, as amended.

Effective Date of To form a part dors~ent Januar 1 1 77 f Policy No.

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z FLORIOA POWER 8 LIGHT COMPANY March 23, 1977 L-77-91 Director of Nuclear Reactor Regulation Attn: Jerome 'D. Salt@man Office of Antitrust and Indemnity U. S. Nuclear Regulatory Commission Washington, D. C. 20555

Dear Mr. Salt@man:

Re: Turkey Point Plant Units 3 and 4 Docket Nos. 50-250 and 50-251 Mutual Atomic Energy Liability Unde'rwr'i't'e'rs'ol'icy No. MF-55 Enclosed are five (5) certified copies and three (3)

Xerox copies'f Endors'ement No. 34 to Policy No. MF-55" representing Nuclear Energy Liability coveiage at Turkey Point Plant.

Copies of Endorsement Nos. 31, 32, and 33 were forwarded to you on February 15, 1977.

Very truly yours, hobert E. Uhrig

.Vice President REU/hlc Enclosures cc: Robert Lowenstein, Escf.

NUCLEAR ENERGY LIABILITYINSURANCE MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS AMENDMENT OF CONDITION 4 ENDORSEMENT It is agreed that with respect to bodily injury or property damage caused after the effective date of this endorsement by the nuclear energy hazard the figure $ 28,125,000 stated in Condition 4 of the policy is amended to read $ 31,500,000.

Effective Date of To form a part Januar 1 1977 tp 55 this Endorsement f Policy No.

Florida Power and Light Company Issued to Date of Issu Ti'(l" !S TO CERT!FY THAT 7H!S lS A

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MIAi~rII, FL 33101 FLORIOA PO1r'IER 6 LIGHT Coi's1PANY June 23, 1977 L-77-188 Director of Nuclear Reactor Regulation Attention: Jerome D. Saltzman Office of Antitrust and Xndemnity U. S. Nuclear Regulatory Commission 5'iashington DC 20555'ear Mr. Saltzman:

Re: Turkey Point Plant Units 3 and 4-Docket Nos. 50-250 and 50-251 Mutual Atomic Energy Liability Underwriters Polic No. MF-55 Enclosed are five (5) certified copies and three (3)

.Xerox copies of Endorsement Nos. 35, and 36 to Policy No. MF-55 representing Nuclear Energy Liability .

coverage at Turkey Point, Plant.

of Endorsement No. 34 were forwarded

'opies to you on March 23, 1977.

Very truly yours, Robert E. Uhrig Vice President REU:tm Enclosures cc: Robert Lowenstein, Esquire

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NUCLEAR ENERGY LIABILITYINSURANCE UNDERV/RITERS MUTUAL ATOMIC ENERGY LIABILITY

l. AMENDMENT OF ADVANCE PREMIUM ENDORSEMENT

2. STANDARD PREMIUM AND RESERVE PREMIUM ENDORSEMENT

3. ADDITIONAL PREMIUM DUE

l. Advance Premium It is agreed that the Amended Advance Premium due the companies for the calendar year ~977 is 115 074.00

2. Standard Premium and Reserve Premium Subject to the provisions of the Industry Credit Rating Plan, it.

is agreed that the Standard Premium and Reserve Premium for the calendar year designated above are:

Standard Premium S115,074.00 Reserve Premium $ 86,781.24 Effectiv Date of this Endorsement Florida Power and Light Company

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NUCLEAR ENERGY LIABILITYINSURANCE MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS INCREASE OF LK'.f T OF LIA ILITY E,,GORSE';1EViT (4t.ter Pris. r Ili 're.1st's) lt is agreed t:hat:

1, The liaijt of li dbi ity tat ed in Item of Liability Endorses."'.ent 4 of the der larat.'ot;s as

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s further;t"..:=t.t cn by Increase 23 and 24 to re .d $ 3] 5pp ppp . This am. nded lir:.it applies t i-h reer'tocct to t'st-

-;:-: .zy or Idr-:....'=y ling t,iona assur:.ed or e::p nses incurred bccau c of bcdil, of this enc'.o =omar damage caused, durir.';, the period from the effective date to the date nf termination of the policy, by the nuclear energy hazard .

2. The original limit of liability stated in Item 4 of the declarations, the lirIt t of liaci ity stated in .ncrease of Limit of Liability Err".orse~e-.!t.

yur,bors 23 and 24 a: d the a-.e'.ised li-..it of 1'.d~"..'.litj stated in p'ra-s e. It grpp t 1 t'ove shall r ot ba cls .!0>> ti'. e and eac . ~

a<'r..er Age bv th~ cc.:

pan'i s aft.cr th: efLeect.ive cate of this endorse ...e"..t or any 10.ps Gr pen'e covirec.':s the policl =hall reduce b'he a.aount oi such pat-...ant the li-.:.it of 1 !h lity o> igin"lly stated 'n Iteo 4 cf the declare ".

the ar.:i'..:.ed lirmit of liability stated in th" incr.-.a~.:f Li-... c of billty ir.t!orsct...nt .",ur:bers 23 and 24 "hich the e...en"ed li-...'t of lie"ilit" in p'I."."angra".h 1 above, regnrtiless of li=.it or liab lity applies v'r::

respect to the bodily in5ury or property damage out of which such loss or expense arises.

Effect)ve Date of To form a part 1 1977 f Policy No.

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4 FLORIDA POWER & LIGHT COMPANY June 18, 1976 L-76-228 Office of Nuclear Reactor Regulation Attn: Mr. J. D. Saltzman, Office of Antitrust and Xndemnity U. S. Nuclear Regulatory Commission Washington, D. C. 20555

Dear Mr. Saltzman:

Re: Turkey Point Plant Units 3 and 4 Docket Nos. 50-250 and 50'-251 Nuclear Energy Liability Xnsurance Association Polic, No. NF-185 Enclosed are five (5) certified copies and three (3)

Xerox .copies of Endorsement No. 36 to Policy No. NF-185,

='uclear Energy Liability Policy covering Turkey Point Units 3 and 4.

Very truly yours, Robert E. Uhrig Vice President REU/hlc Enclosures cc: Jack R. Newman, Esp.

Lowenstein, Reis & Axelrad Washington, D. C. 20036

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Nicer Energy Liability tnsrtranc r NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT Calendar Year 1976 It is agreed that Items la. and lb. of Endorsement No. 34 are amended .to r ead:

la. "ADVANCE PREMIUM:, It is agreed. that the Advance Premium due the companies for,. the period designated above "4

is: $ 3953867.54 lb. 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

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Credit Rating Plan, the Standard Premium is sajd Advance Premium and the Reserve Premium is: $ 298 534.33 Return Premium'. $ 22,260.51

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o the nuclear Znex'c'v 'aui" i., i"r3'cy (:;".c..'- ".::

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Kuclear. m>ex By Lia: lity-Property Znsurance:a=-oc, Effective Date of - an"ary 1, 1976 this Fndorsement To form a part of Policy No 12:01 A.M. Standard Time Issued to Florida Power 6 LS. ht Com an r For the su cribing co panies Date of Issue A By Manager Endorsement No 36 Countersigned-by

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