ML18018B299

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
Issue date:	03/21/1977
From:	Rushmore J Niagara Mohawk Power Corp
To:	Saltzman J Office of Nuclear Reactor Regulation
References
Download: ML18018B299 (186)

Text

NPC I:OBM 195 U.S. NUCLLAB BEGVLATOAYC< 'SSION DOCKET NUMOEB

<2.TSI 50-220 FILE NUMBEA NRC DISTRlDUT'lON rnB PART 50 DOCI(ET MATERIAL a

I'RPM: DATE OF DOCVMFNT Niagara Mohawk Power 3/21/77 Mr. Jerome'Saltzman New York Corp.'yracuse, DATE BECEIVED J W Rushmore 3/23/77 EfLETTE A QNOTOAIZED PAOP INPUT FOAM NUMOEB OF COPIES AECEIVED JgoBIGINAL guNCLaSSIFIED One PCOPY'ESCAIPTION ENCLOSV BE ATTACHED FOR YOUR ACTION/INFO IS' COPY OF INDEMNITY/ENDORSEMENT AGREEMENT FOR PERIOD INDICATED......

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Nine Mile Point No. 1 RJL FOR ACTION/INFORMATION INTFRNAL 0 IST R I I3UT I ON NRC PDR DINITZ (2)

H. JORDAN NSIC TIC L=>'I'LII'NALLIISl R II3UTION CONTI3OL NUMI3f:R I

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NIAGARA MOHAWK POWER CORPORATION

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300 ERIE BOUI.EVARO, WEST pale SYRACUSE, N. Y. I3202 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

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'Nu ar Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE 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 of the Nuclear Zne"gy Liability Po'.ticy (Facilit i an b o ng made part gnated her on. No Insurance is afforded F )

hereunder.

Charles H. Ha les 'a. ager-Liability Underwriting Nuclear Energy Lia i ty-Property Insurance Assoc.

Effective Date of January 1, 1977 this Endorsement To form a part of Policy No NF-161 12:Ot A.M. Standard Time Issued to Nia ara Mohawk Power Cor oration Date of Issue Jan a r 31 1 977 For the su cribing co panies By General Manager Endorsement No 55 Countersigned by NE-43D (1/1/77)

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4 'i SUBSCRIBING COHPANIES PROPORTION OF 100%

Aetna Casualty and Surety Co., The, 151 Farmington Ave., Hartford, CT 06156 11.4807836 Aetna Insurance Company, 55 Elm St., Hartford, CT 06115 2.3753345 Allstate Insurance Co., 8324 Skokie Blvd., Skokie, IL 60076 4.7506691 American Home Assurance Co., 102 Haiden La., New York, NY 10005 .6730115 American Hotorists Insurance Co., Long Grove, IL 60049 .3958891 Centennial Insurance Co., 45 Wall St., New York, NY 10005 .3958891 Commercial Union Insurance Co., One Beacon St., Boston, HA 02108 3.4838240 Continental Casualty Co., CNA Plaza, Chicago, IL 60685 4.4339578 Continental Insurance Co., The, 80 Haiden La., New York, NY 10038 6.3342254 Federal Insurance Co., 51 John F. Kennedy Pkwy., Short Hills, NJ 07078 1.2668451 Fireman's Fund Insurance Co., 3333 California St., San Francisco, CA 94119 4.3547800 General Accident Fire and Life Assurance Corp., Ltd. 414 Walnut St., Philadelphia, PA 19105 1.3460229 Great American Insurance Co., 580 Walnut St., Cincinnati, OH 45201 1.3301873 Gulf Insurance Co., 3015 Cedar Springs, Oallas, TX 75221 .1583556 Hanover Insurance Co., The, 440 Lincoln St., Worcester, HA 01605 .4750669 Hartford Accident and Indemnity Co., Hartford Plaza, Hartford, CT 06115 7.9177818 Hartford Steam Boiler Insp. 6 Ins. Co., The, 56 Prospect St., t(artford, CT 06102 .4354780 Home Indemnity Co., The, 59 Haiden La., New York, NY 10038 2.7712236 Insurance Co. of North America, 1600 Arch Street, Philadelphia, PA 1910l 6.3342250 Haryland Casualty Co., P.O. BOX 1228, Baltimore, HO 21203 1.5835564 Monarch insurance Co. of Ohio, The, 19 Rector St., New York, NY 10006 .2771224 Northwestern National Ins. Co., 731 No. Jackson St., Hilwaukee, WI 53202 .5542447

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Pacific Indemnity Co., 3200 Wilshire Blvd., Los Angeles, CA 90054 .3167113 Peerless Insurance Co., 62 Haple Ave., Keene, NH 03431 .0989723 Phoenix Assurance Co. of New York, 80 Haiden La., New York, NY 10038 .4750669 Protective Insurance Co., 3100 No. Iieridian St., Indianapolis, IN 46208 .1583556 Providence Washington Insurance Co., 20 Mashington Place, Providence, Rl 02903 .0989723 Puritan Insurance Company, 1515 Sumner St., Stamford, CT 06905 2375335 Reliance Insurance Company, 4 Penn Center Plaza, Philadelphia, PA 19103 1.2668451 Royal Globe Insurance Company, 150 Milliam Street, New York, Hew York 10038 3.5630018 St. Paul Fire 8 Harine Ins. Co., 385 Washington St.. St. Paul, HN 55102 3.9335540 Seaboard Surety Co., 90 William St., New York, NY 10038 .3167113 Security Insurance Company of Hartford, 1000 Asylum Ave., Hartford, CT 06101 1 0689005

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State Farm Fire 6 Casualty Company, 112 East Mashington St., Bloomington, IL 61701 .7917782 Transamerica Insurance Co., 1150 So. Olive St., Los Angeles, CA 90015 .6334225 Travelers Indemnity Company, The, One Tower Square, Hartford, CT 06115 11.2432501 United States Fidelity and guaranty Co., P.O. BOX 1138, Baltimore, HD 21203 9.0262712 United States Fire Insurance Co., Hadison Ave. at Canfield Rd., Horristown, NJ 07960 2.8504014 2urich Insurance Co., 111 West Jackson Blvd., Chicago, IL 60604- .7917782 NE-77a Attachment to Endorsement No. 55.

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'gUi<<on Becket File NIAGARA MOHAWK POWER CORPORATION NIAGARA 300

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EUGENE J. MOREL VICC PASSIDSNT INSURANCC 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.

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UNITED STATES NUCLEAR REGULATORY COMMISSION Docket No. 50-220 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 e~

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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:

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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 hereto and. made a part hereof and is,'ttached 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 Distribution:

1 Jerome Saltzman, Deputy Chief Office of Antitrust & Indemnity Licensee (2 originals)

Nuclear Reactor Regulation Docket Files PDR Accepted 1975 ELD Div. Labor Rel.

RO Indemnity By IDinitz Reading NIAGARA MOHAN POWER CORPORATION OAI Reading orrrcd~ NRR@AI, NRR: OAI DURNAMd& IDin tz:na gSaltzman OATd&

6/ t'f75 6/ /75 Porm hEC 818 (ReT. 9.53)'XCM 0240 4 U, 41 OOVdRNMdNT PRINTINO OPPICdl 1474 444 144

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EUGENE 8 THOMASs JR June 25, 1975 HARRY H. VOIGT WASHINGTON TELEPHONE L. MANNING MUNTZING 202 872 8668 LCX K.I.ARSON CABLE ADDRESS HENRY V. NICKEL LALALU,WASHINGTON D. C.

WAS HIMGT0 H PART H E R S TELEX( 440274 I'g;"4 Mr. Ira Dinitz .

Indemnity Specialist Antitrust Nuclea'r Reactor Regulation and Indemnity

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. ~'y+ ,8 Nuclear Reg'ulatory Co'mmission Washi'ngton, D. C. 20555 p Re: Site Definition Tndemnity s

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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,

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Mr. E. J. Morel, w/enc.

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WILLIAM O. DOUB (ADM. MARYLAND) lEEIGENE B. THOMAS'R.

June 24, 1975 WASHINGTON TELEPHONE

~RRY H. VOIGT 202 872-BBBB I.. MANNING MUNTEING LEX K. LARSON CABLE ADDRESS HENRY V. NICKEL LALALVeWASHINGTON 0 C WASHINGTON PARTNERS TELEX: 440274 I

Jerome Saltzman, Esp.. BOCKTTgo Deputy Chief USNEC Office of Antitrust and Indemnity CT g)97'.

Nuclear Reactor Regulation Nuclear Regulator Commission 4I SsYI~

AIDII Washington, D. C. 20555 Re: 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

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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

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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

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MOHAWK 300 ERIE BOULEVARD WEST SYRACUSE, N, Y. l3202 April 14, 1975 12L Mr. Jerome Saltzman, Deputy Chief Office of Antitrust and Indemnity Nuclear Reactor Regulation Nuclear Regulatory Commission n

Washington, D. C. 20555 1<) [

Re: Docket No 50-220

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

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~.()I'IM, MOHAWK ERiE SOULEVARO WEST SYRACUSE, H.Y, f3202 April 11, 1975 IAL) s Mr. Jerome Saltzman, Deputy<Chief Office of Antitrust Ik Indemnity" /i.. A)

Nuclear Reactor Regulation Nuclear Regulatory Commisston . "'., S.

Washington, D. C. 20555 f

Re: Docket No 50-220-"--

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 MAELU from $ 110, 000, 000 to $ 125, 000, 000.

Very truly yours, George T. Wallace, Supervisor System Insurance GTW/cnw Enclosure i>)

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C UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket No. 50-220 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.

The amount "$ 85,250,000" is deleted wherever it 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)

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95,000,000 (From 12:01 a.m., March 1, 1972, to 12 midnight,, February 28, 1974, V

inclusive) 110,000,000 (From 12:01 a.m.,= March 1, 1974, to

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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

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UNITED STATES Docket No. 50-220 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

1 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket No. 50-220 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 (From 12:Ol a.m., March 1, 1972, to 12 midnight, February 28, 1974, inclusive) 110,000,000 (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

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'WiEHDNEHT TO IWDEtlHITY AGREElIENT HO.. 8-36 QlEi'JDf~iEHT HO. 6 DEC 2 6 '874 Effective , Indemnity Agreement Ho. 8-36, dated August 16, 1967, as amended, between Hiagara Mohawk Power Corporation and the, Atomic Energy Commission, is hereby further amended as follows:

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 SHi1-1028 (Fr om 12:01 a.m., August 16, 1967, to 12:00 midnight, August 21, 1969 inclusive)

UPR-17 (Frori> '12:01 a.m., August 22, 1969, to 12:00 midnight DEC 3 g @74 inclusive)

DPR-63 (Fl olil 12,:01 a.m.,

,PEC 3 6 +4 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 Accepted 1974 OGC Docket Files Di v. Labor Relations RO By Desk HIRGRIIR HOHAHR POiiER CORPORRTIOii Indemnity File IDinitz Reading OAI Reading OPP ICE ~ , OAI OAI SURNAME~ IDinitz:nva ABraitman DATE~ .....1.2I..,R4........ 1.2/.. ,/,7,4.....

Forrs AKC 318 (Rev. 9.33) AKCM 0240 OPO C4$ 1 ~ ~ 14021 520 244 r

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AEC DIS~ BUTIO'.i FOR PA"..T 50 DOC".".T MATF"~AL (TEMPORARY FOPii) CONTROL NO: 2814 FILE:'C C PRON: DATE OF DOC DATE REC'D Y"-"!0 CT:=.R Niagara Mohawk Power Corp.

Syracuse, .N. Y. 13202 3-29-74 4<<2-74 G. T. Wallace ORIG CC OTi~R SENT AEC PDR J. Saltmyan 1 signed SENT LO"AL ?D? X CLASS UNCLASS PROP INFO INPUT NO CYS R""O'D DOCKET  ? 0:

XXXXX 1 50-220 DESCRIPTION: ENCLOSURES:

Ltr trans the .following: Amdt to Indeminty Agreement No. B-36, Amdt 07 returned, signed 6 accepted, dtd: 3-29>>74 ONOT REMOVZ PLANT NAt1E: Nine Mile Point Unit 1 ( 1 cy rec'd )

FOR ACTION/IBFOR.'bYTION . 4-5-74 GC u4ALTZMAN (OAQ w/1 copies INTERNAL DISTRIBUTION G FIL vdGC w/ lcopies CLARK w/ copies C DR w/ 1c:opies ONER w/ lcopies OTHFRS:

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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 8l DOCKETED OSAEC Washington, D. C. 20545 gi p,pg'3 '1974~

Re: Docket No. 50-220 q~C; V~otiV 5qA!). s8'8,

Dear Mr. Saltzman:

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

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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 therefor.

and the amount "$ 110,000,000" is substituted 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

a. $ 1, 000, 000 (From 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 (From 12:Ol a.m., March 1, 1972, to 12:00 midnight, February 28, 1974, inclusive) 110,000,000 (From 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

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Syracuse,.N, Y, 13202 3-27-74 4~5~74 E. J. Morel ORIG CC OTiF"-R SE ET A"C ?DR X L. Johnson 1 signed SENT LEAL ?"R CLASS UNCLASS PROP I?irO INPUT NO CYS R""O'D DOCKET ?:0:

XXX 1 50-220 DESCRIPTION ENCLOSURES:

trans the folloicing:

.'tr 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 ) '

FOR ACTIG'.i /I:iFOR':f;YTION 4-8>>74 GC

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NIAGARA ~'OHAWK 300 ERIE SOULEVARD WEST ,sPp, .rgb SYRACUSE, N.Y. IS202

'~ri C March 27, 1974 Mr. Lyall Johnson, Director Rc Division of State % Licensing Relations u~~

Atomic Energy Commission Washington, D. C. 20545 gag 0 4lORy Ql hl4l Re: Docket No. 50-220 DOCI'AT Ecll0H CL@g

Dear Mr. Johnson:

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

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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 To form a part this Endorsement ~>lUIax. 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 NO~5 q 47 TRUE COPY OF ENDORSEMEtlT Por thc Subscribing Companies tAADE PART OF NUCLEAR ENERGY POUCY, (FACILITY FORM) NO. MFM~ NQ MU'I'UAL ATOMIC ENERGY LIABILITYUNDERWRITERS jNSURANCE IS AFFOR ID UNOER T IS CO Yi By EHNETH j. IONES, SECRETARY MUTUALATOMIC ENERGY LIABILITYUNDERWRITERS 29 cog/

Endorsement No. Countcrsil;ned by Aun!omxso Rsraesssravrvx

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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'-

litnit oX'.iabi3.ity stat:ed in paragraph 1 above shalL -not beE 'mended 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 ~farch 1, 1974 'I'o Porn'> a peart this Endorsement o! !'o!!cy  ! yo.

Ic,ucc(c to Niagara E~fohavk Pover Corporation Fu!Fcuocy 26, 1974 OQ'or TH'S IS 'IO CE Pi( T't,'. 1 TRUE COPY OF E;OOEEEERT U,O~O TFIADE'PART OF NUCLEAR ENE Y POUCY thr. Subscribing Con>panics tFACILITY FORM) NO: MF lltSURANCE JS AFFORDED UNDER T)IIS HUVUA,I ATO'biIC ENERGY I IABIII l'Y VÃDEPIVRITI;RS Xf@E .

KENNETH J. )ONE ',

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~ ~ 4 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 Indemnity Agreement, No. B-,63 Item 1 - Licensee Power Authority of the State of New York and the Niagara Mohawk Power Corporation Address 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 a policy or policies specified in Item 5 of this Attachment insurers'nder 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 -

day of a~ ~

The indemnity agreement designated above, of which the Attachment is a part, is effective's of 12:01 a.m. on the ZS'~ , 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 day of ',

at Bethesda, Md., the 2 '+W 1972'

50-220 63 POWER AUTHORITY OF THE STATE OF NEW YORK AND THE NIAGARA NOHAWK POWER CORPORATION OFFICE > 0 I 0

-I SURNAME > .. IDina.. b.

DATE > 8/7 72 8/ 72.

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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

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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

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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, E. J. Morel, Manager EJM/oc System Insurance

Enclosure:

Amendment No. 6 to Indemnity Agreement No. 8-36

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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 DATE OF OOCUMENT:

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OATS RECEIVED itt8gl?lLZO Syracuse, N. Y- LTR. MEMOIR~KPORT (E. R. Xnderbitzin)

TOI ORIG.: OTNER:

L. Johnson ACTION NECESSART Q CONCURRENCE Q DATE ANSWERED:

CLASSIFI NO ACTION NECESSARY Q COMMENT Q BVI POST OFFICE FILE COOK REG. NO: SOCKET: 50-220 DEscRIFTIDNI (Must Be UIIeisssitied) REFERRED TO DATE RECEIVED BY DATE Ltr. trans:

m/~ extr copy ENCLOSURES:

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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, E. R. Inderbitzin, Supervisor ERI/oc System Insurance Enc. f

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Docket No. 50-220 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

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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 SLR T3061, R01, T30629 sEQvEg JSa n: dlT3 A LJohns n 11/23/71 11/ Q71 DATE > 1 /71 Porm AEC-518 (Rev. 9-53) hECM 0240 0 V, 8, OOVSRNMSNT PRINT lNO OPFJC81 19'I 1 M18 M88

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Mr. Eber R. Price, Director DFt;4 71S7'l~

Division of State 4 Licensing Relations arIIN< BICet Atomic Energy Commission Washington, D. C. f20545 pp b4>

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

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1 NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION

1) ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT

2) CHANGES IN SUBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITYENDORSEMENT 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

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

2. 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)

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'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 W this Endorsemen January 1, 1972 To form a part of Policy No 12:01 A.M. Standard Time ia ara oha k

'I For the Subscribing ~mpamea Date o! Issue vember 1971 t,. WRITING MANAGER CHA . B RD S, .

NUCLEAR ENERGY LIABILI INSURANCE ASSOCIATION By Genera anager EDWIN S. MCr.z Y 1

Endorsement No Countersigned by

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Xe. ATohnaca~ SXB ACTION NECESSARY Q CONCURRENCE Q DATE ANSWERED:

NO ACTION NECESSARY Q COMMENT Q BVI CLASS IFI POST OFFICE FII.E DEscRIPTIDNI (Must Be Unclsssilied)

REG. NO:

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REFERRED TO 220 DATE RECEIVED BY DATE Xtr. Ox'he XolXovkng:

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ENCSOSURES ZadorsemA Zo. 16 4o l-F46

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ATOMIC ENERGY COMMISSION MAILCONTROL FORM FORM AEOGESS Id dOI

• U,S. GOVERNMENT PRINTING OFFICE: I 970 49 9 979

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~ MOHAWK ERIE SOULEVARD WEST SYRACUSE, N, Y. I3202 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 i@cKErpp USAE'C Enclosur e OEOSg )N) ~

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NU EAR ENERGY LIABILITY SURANCE MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS 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 To form a part this Endorsement 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, For the Subscribing Companies (FACIUTY FORMf'ND. IAF NO INSURANCE IS AFFORD UN ER TH@ MUTUAL ATOMIC ENERGY LIABII.ITYUNDERWRITFRS DAVID E. KUIZENGA, ARY MUTUAL ATOhIIC ENERGY LIABILITY UNDERV/RITERS Endorsement No. Countersigned by Aorneuaao Raiaassaraava

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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 >

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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:

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~@gIatoO AMENDMENT TO INDEMNITY AGREEMENT NO. B-36 AMENDMENT NO.

AUG 2 2 1969 , Indemnity Agreement No. B-36, dated 4'ffective 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 (From 12:01 a.m., August 16 196+, to 12:00 midnight,AUG 2 1 1968 inc lus ive )

DPR-17 (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

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'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

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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 (Prom 12e01 asm' August $6+ + to 12:00 midnight,AUG 4 '~~~

9 inclusive)

DPR 1/ (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 >

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'wa BEY ~~o8 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

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(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 or Scribe, Men rorkt the/6m >969 e (Frere 12)01 a.m,'UG 2, S .

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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 DISTRIBUTION:

Accepted ~Licensee (2 orig)

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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

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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.

D. SSI Si JeroIEa Saitdman Chief Indemnity and. Hzport Control 3ranch gjvgngon or gkkkn ad ~ockee 50-220 Licensee Relations Indemnity cc.'ffice of General Counsel. , SLR R/F tucy Bam@ardner, OC Br. R/F OFFICE W SLR' JSaltz :e SURNAME > 1 ~

DATE >

8/7/69 Form hEC-318 (Rev. 9-53) hECM 0240 'Ir v. o. cov2ayMCvt DmNTIHo orPICCr IO08 0 220.007

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FILE COOEI REG NO: 50-220 DESCRIPT IGNI l Mwi6e Uncbssified I REFERRED TO Letter transmitting:

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$ 85%572 %So 3 XO XNDEHHiTY 3-36 AQREKt62K hO.

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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.

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OOCKETEO USAEC BANS OI969 >I~

REGUIATORY ti'IAIL SECTION DOCKET CLERK

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', Indemnity Agreement No. B-36,

, as amended, is hereby further amended in'its, entirety, the following substituted therefor.'

dated'ugust I ~

Indemnity Agreement B-36 is entered into by- and between the 'his 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 as defined in any such other agreement, or 'ocation"

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 not include transportation of the radioactive material to the 'hall

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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~

occurs in the course if the nuclear incident 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 the Commission may issue an order requiring the licensee to 'ontrary, 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 costs of investigat9.ng and settling claims and defending suits reason-'ble 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; 1

(2) contributory negligence; (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 suit is instituted within three years from the date on whicP the if 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. Energy Association policy designated in Item 5 of the Liability Insurance 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 w 7

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 liability insurance policy (facility form) issued by Nuclear nuclear'nergy 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 fulfillany'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'.

' 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, of any of its obligations hereunder. the'Comnd.ssion II ~ h 4

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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 that, except as may otherwise be provided in applicable regulations, expire,'rovided 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 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 Relations

Accepted , 196P

'y P~ ~~W NAGARA MOHAWK BNKR CORPORATION

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WASHINGTON TCLCPHONC.'02 FEOCI(AL S-OIII Mr. Robert L. Layfield 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 ( vv LYI I-E826 1968>>

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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.

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION DOCKETFD ULCC Division of State and Licensee Relations 3281968 - t-WE5g<

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By NIAGARA MOHAWK PO~R CORPORATION

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~ UNITED STATES GOUERNMENT Memorandum TO Files FfB: 4 FROM Jerome Ealtzmaa, Chief M Xndemnity and. Export Control Branch rLcmeE l968 Division of State and. Licensee Relations 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, 130', of the high>>voltage switchyard, at the Nine Mile Point Nuclear 210'y 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

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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 I:ut Lro.'3-36>> 4atc6 Augu4.XI5>> X96 f.

~rise "the Xocat foa" of fxkmaitg ggxee-Ca February 'XA>> 3$ 69>> ve Mem

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volta@0 mitdgrar4.6oyiete4 Xa 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>>

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DISTRIBUTION:

cc: Gh"-r. Pggco>> 95K 211e ~0-220I 70 1072 O'. hurray>> CQC SLR Reading Pile,,

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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 , 1968 DXSTRXBUTXOM:

Licensee - 2 orig.

By Formal HXmARA menm: Po~nm CORPORATXOM File. 50-220; 70-1072 OGC SLR R/F LBaumgardner, OC Branch R/F Compliance OFFICE > =<<9 SURNAME >

Sal E DATE P 2/14/68 /68 2/ I"I f68 Form ARC-818 (IIev. 943) C, ta CCVtttctNT ttlNTINOOttlct 1~2VOt 3

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ARVIN E, UPTON ONC CEIASE MANHATTAN PLAZA EUGENE D. THOMAS. dR. NEW YORK, N.Y. IOOOS IiI WASHIHO'IOH PARIHCAS 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 DOCKHAND Enc.

USAEC 4

QL AUG' 19tI7,"~

>UG2 81967 IIEOOLRTORT tlAIL SECTIOR DOCKET CLERK

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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/ -p Cbpz.

Name of Licensee By P'lc.e P/c s. 8 Exec. E~peee~

Dated. at Bethesda, Maryland, the l4.~~ day of Qcc g~~~, 1967.

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Cyp UNlTED STATES O ATOMIC ENERGY COMMISSION WASHINGTON 25, D.C.

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OI Indemnity Agreement No.

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is entered into

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by and between the @~g gg~@

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 r,Act>>).

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

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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."

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tho, /4~ day of Ckc~ p 1967>>

DISTRIBUTION:

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<<~~T UN lTED STATES ATOMIC ENERGY COMMISSION 0 WASHINGTON 25, D.C.

0 t41E5 OI Indemnity Agreement No.

This indemnity agreement B- Q is entered into 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

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UNITED STATES ATOMIC ENERGY COMMISSION ATTACHMENT Indemnity Agreement No. B+

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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>>"

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ZKRSXTX AGHEI'2K'Oo B $ 6p IGAGABA MOHI'K BXfER CORPORATION DOQET HOS. 70-1072 N9 50 220 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 i Mohawk Power Corporation's Gine kK3.e Point Nuclear Station in the town a

of Scriba, Hew York. The location of the storage facilities is delineated.

in Figure 2 of Hiagara Vuhawk's "Application for a Special License" (attached j. Huclcam.'aterials 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

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PATE 1 7/28/67

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