ML19332E943

Forwards Executed Amends 4 & 5 to Indemnity Agreement B-91, Reflecting Change in Ownership of License,Effective 890327

ML19332E943
Person / Time
Site:	Clinton
Issue date:	11/29/1989
From:	Holtzscher D ILLINOIS POWER CO.
To:	Dinitz I NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
U-601553, NUDOCS 8912130178
Download: ML19332E943 (10)

Text

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 %                    /LIIN0/S POWER COMPANY CUN10N POWER ST ATION, P.O. BOX 678, CUNTON. ILUNOIS 61727 -

November 29, 1989 p Doc *xet No. 50-461 U.S. Nuclear Regulatory Commission

                        ' Document Control Desk-                                                                                                      ;

Washington, D.C. 20555

                                         ~

l Attention: Ira Dinitz Senior Insurance / Indemnity Specialist Mail Stop 12E-4.  ;

Subject:

Clinton Power Station ' Amendment Nos.-4 and 5 to Indemnity Agreement  !

Dear Sir:

Please find enclosed one signed copy of Amendment Nos. 4 and 5 to our' indemnity: agreement which reflect, respectively, a' change in the licensees for. the Clinton Power Stat!.on effective March 27, 1989, and the- changes to 10 CFR Part-140 which were effective July 1,1989. l '-

Please note that on' Amendment No. 4 the signature blank for the Western i

                         . Illinois'. Power Cooperative, Inc. has been marked "Not Applicable." since                                                 ;

that company was merged with the Soyland Power Cocperative, Inc. and no longer exists as a separate entity. This' change was noted in our request for amendment to facility operating license NPF-62 dated November 2, 1988, which was accepted by the NRC in Amendment No. 20 to our operating-lic'ense. Sincerely yours,

                                                             % 'R /                                                                                   7 D. L. Holtzscher Acting Manager -
      ,                                                       Licensing and Safety JCA/krm MD E
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                         .cc:     NRC Clinton Licensing Project Manager                            [   g NRC Resident Office I'         >

Regional' Administrator, Region III, USNRC.  ; Illinois Department of Nuclear Safety 8912130178 891129 l

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                            ' Docket'No. 50-461
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Amendment to Indemnity Agreement No. B-91

                                                              ~

Amendment No. 4 1

     ;                           Effective March 27, 1939, Indemnity Agreement No. B-91, between Illinois 1

Power Company, Westera ' Illinois Power Cooperative, Inc., Soyland Powar Cooperative, Inc., and the Nuclear Regulatory Comission, dated August 7,

            =

1985, as amr.ded, is hereby further amended as follows: L Ites ' the Attec.hment to the indemnity agreement is deleted in its ( entirety end the following substituted therefor: $t. Item 1 uirle % t f, 'Illinoi s W2r Company M Soyland i w er Cooperative, Inc. FOR Tilt U.S. NUCLEAR REGULATORY COMilISSION fsO R ci' 0 O. Thomas, Chief ~

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Policy Development and Technical Suport Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted Mwasne 2M ,1989 Accepted , 1989 By MM f By Not Applicable Illinoisfoder J70mpany Western Illinois Power (_. / U Cooperative, Inc. Accepted Au/tadu // , 1989 St By b  % 6* Toyland Power Cooperative, Inc. F

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                                                  - NUCLEAR REGULATORY COMMISSION                               1
      ' j                      j                              WASHINGTON, D. C. 205$$                           l

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           -Docket No. 50-461                                                                                    i 1

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                                               - Amendment to Indemnity Agreement No. B-91 Amendment No. 4 Effective March 27, 1989, Indemnity Agreement No. B-91, between Illinois Power Company, Western Illinois Power Cooperative, Inc., Soyland Power Cooperative, Inc., and the Nuclear Regulatory Commission, dated August 7, 1985, as amended, is hereby further amended as follows:
                                                                                                                )

Item 1 of the Attachment to the indemnity agreement is deleted in its .

entirety and the following substituted therefor:- '

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

                 -FOR TIIE U.S. NUCLEAR P,EGULATORY COMMISSION pij Q, Y                     - -

Cec'l O. Thomas, Chie" i Policy. Development and Technical Suport Branch l Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted _ M,u ens e 29 , 1989 Accepted , 1989 l

                 'By               YTM,             e #                    By      Not Applicable IllinosPoprCompang                                    Western Illinois Power J                                              Cooperative, Inc.
                                    ./
                ' Accepted ##WAva. /t                       , 1989 i

ByKnoeowerCooperative,Inc. (JI A - l* l

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                   ,                                        UNITED STATES
       ,'[                  i, -              NUCl. EAR REGULATORY COMMISSION E                           W ASHINGTON, D. C. 20555
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                                                                                                               '1 Docket No. 50-461 l
                                                                                                                  )

Amendment to Indemnity Agreement No. B-91 Amendment No. 4' Effective March 27, 1989, Indemnity Agreement No. B-91, between Illinois Power Company, Western Illinois Power Cooperative, Inc., Soyland Power Cooperative, Inc., and the Nuclear Regulatory Commission, dated August 7, 1985, as amended, is hereby further amended as follows: Item 1 of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor: Item 1 - Licensees Illinois Power Company Soyland Power Cooperative, Inc. FOR THE U.S. NUCLEAR REGULATORY COMMISSION 4 '? O. w ^ :ff V Cec'1 0. Thomas, Chief Policy Development and Technical Suport Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation

        ,          Accepted ,        Me t/ew 6me 25, .1989             Accepted                      ,1989 By Blino
                                  -  NA A _/                           By       Not Applicable Western Illinois Power PowfrCompan{                            Cooperative, Inc.

Accepted d'A*'M # , 1989 _ By ' . 4. - Soyland Power Cooperative, Inc. i i

j /" *? ' s isoa g ' Y j y .. k g. UNITED STATES NUCLEAR AEGULATORY COMMISSION r, j' WASHINGTON, D. C. 20555 i A....t/ i I l Docket Ho'. 50-461 ] Amendment to Indemnity Agreement No. B-91 Amendment-No._5 Effective July 1,1989, Indemnity Agreement No. B-91, between Illinois Power  ! LCompany, Soyland Power Cooperative, Inc., and the Nuclear Regulatory Commission, dated August 7, 1985, as amended,-is hereby further amended as follows: The amount'"$160,000,000"' is deleted wherever it appears and the amount."$200,000,000" is substituted therefor. 1 The amount "$124,000,000" is deleted wherever it appears and I the amount "$155,000,000" is substituted therefor. . I The amount'"$36,000,000" is deleted wherever it appears and the amount "$45,000,000" is substituted therefor. I Paragraph 1, Article I is modified to read as follows:

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

                    - "special nuclear material," and " precautionary evacuation". shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission.

The definition of "public liability" in paragraph 7, Article I is deleted,  ; and the following is substituted ther;for:

 ^
             "Public. liability" means any legal liability arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable additional costs incurred by'a State or a political subdivision of a State,
            ~1n the course or responding to a nuclear incident or precautionary evacuation),

_except.(1)'claimsunderStateorFederalWorkmen'sCompensationActsofemployees of-persons indemnified who are employed (a) at the location or, if the nuclear

           ' incident occurs in the course of transportation of the radioactive material, on the transporting vehicle, and (b) in connection with the licensee's possession,
           .use or transfer of the radioactive material; (2) claims arising out of an act
           - of war; and .(3) claims for loss of, or damage to, or loss of use of (a) property which is located at the location and used in connection with the licensee s possession,bse,ortiansferoftheradioactivemateriol,and(b)ifthe nuclear incident occurs in- the course of transportation of the radioactive material, the transporting vehicle, containers used in such transportation, and the radioactive material.

4 Paragraph 4(c), Article II is revised to read as follows: (c) Any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his injury or damage and the cause thereof. Ai

x a 4;, h s, T ,.,- . 2 In paragraph 1, Article VIII, the amount "$5,000,000" is deleted and the

    '          amount "$63,000,000" is substituted therefor.

Item 2a of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor: i Iten. 2 - Amount of financial protection

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

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

' $200,000,000* (From 12:01 a.m., July 1, 1989) l FOR THE U.S. NUCLEAR REGULATORY C0ftMISS10N 1 l L,

                     $80.

CFcIl 0. Tfi5 mas, C5ief W "- Y Policy Development and Technical Support Branch  ! Program Management'. Policy Developraent and Analysis Staff h Office Nuclear Reactor Regul6 tion Accepted A/d#Afgg72 2f,1989

                                                                                                         ;

l \ { y-- -U2c~,O l By / - ompany ) T111ootsywer i Accepted #,yz Mi _ , 1989 l l l- J By / M-56FTinrPowercooperative,Inc. l l Mnd, as ollug0st 1,1977, the amount available as secondary financial protection. f I l

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hv ' g. UNITED STATES -1

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    >:(,8-rj                        WASHINGTON, D. C. 20556 i

Docket No. .50-461 Amendment to Indemnity Agreement No.'B291 Amendment No. 5 Effective July 1, 1989, Indemnity Agreement No. 8-91, between Illinois Power Company, Soyland Power Cooperative, Inc., and the Nuclear Regulatory Commission, I

                  ' dated August 7,1985, as amended, is hereby further amended as follows:                 J l
                          .The amount "$160,000,000" is deleted wherever it appars and                       i the amount "$200,000,000" is substituted therefor.

The amount "$124,000,000" is deleted wherever it appears and the amount "$155,000,000" is substituted therefor. The amount "$36,000,000' is deleted wherever it appears and i the arrount "$45,000,000" is substituted therefor. I Paragraph 1, Article I is modified to read as follows:

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

                           "special nuclear material," and " precautionary evacuation" shall have the meanings'given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Comission.                                      i The' definition of "public liability" in paragraph 7, Article I is deleted, and the-following is substituted therefor:
                   "Public liah d'ty' arsons any legal liability arising out of or resulting from a nuclear i cmnt er precautionary evacuation (including all reasonable additional e nts incurred by a' State or a-political subdivision of a State, in' the course or responding to a' nuclear incident or precautionary evacuation),

except (1) claims under State or Federal Workmen's Compensation Acts of employees

  .                of persons indemnified who are employed (a) at the location or, if the nuclear           ;
                 ', incident occurs in the course of transportation of the, radioactive material, on the transporting vehicle, and (b).in connection with the licensee's possession, use or transfer of the radioactive material; (2) claims arising out of an act of war; and (3) claims for loss of, or damage to, or loss of use of (a) property which is located at the location and used in connection with the licensee's possession, use, or transfer of the radioactive material, and (b) if the nuclear incident occurs in the course of transportation of the radioactive-material, the transporting vehicle, containers used in such transportation, and the radioactive material.

Paragraph 4(c), Article II is revised to read as follows: (c) Any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his injury or damage and the cause thereof. l' <

          .e.-
      * ; .    .*

2 , In paragraph 1, Article VIII, tle amount "$5,000,000" is deleted and the amount "$63,000,000" is substituted therefor. l- 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 1

a. !1,000,000 (from 12:01 a.o., August 7, 1985. to 12 midnight, September 28, 1986, l inclusive)

                                  $150,000,000*          (From12:01a.m., September 29, 1986, to       I 12 midnight, June 30, 1989            l inclusive)                           J
                                  $200,000,000*          (From 12:01 a.m... July 1, 1989)

FOR THE U.S. NUCLEAR REGULATOR) COMMISSION 1 AO.  ; LT . ;ecil 0. Thomas, Chief Policy hvelopment and Technical Support Branch Program Management Policy Development and Analysis Staff Office Nuclear Reactor Regulation Accepted MOVFhiGwe 1+ , 1989 By_ Illinoi werf Comphny Accepted M W 8 , 1989 By / A _- Soyland Power ~ Cooperative, Inc.

                  *and, ac of Aug0st 1,1977, the amount available as secondary financial protection.

a a_W "g [[ . o asog . g . . 4. .k UNITED STATES NUCLEAR REGL'LATORY COMMISSION - J t,4:- lio,.

                        ~E                       WA SHINGTON. O. C, kv655 i

f

               % . . . . + /[

f Docket No. 50-461 Amen,dment to Indemnity Agreement No. B-91 Amendment No. 5 Effective July 1,1989, Indemnity Agreement No. B-91, between Illinois Power Company, Soyland Power Cooperative, Inc., and the Nuclear Regulatory Comission, dated August 7, 1985, as amended, is hereby further amended as follows: The amount "$160,000,000" is deleted wherever it appears'and the amount "$200,000,000" is substituted therefor. The amount "$124,000,000" is deleted wherever it appetrs and the amcunt "$155,000,000" is substitutei therefor.

                        '.3   amount "$36,000,000" is deleted wherevar i' appears and the amount "$45,t00,000" is substituted tht:rdor.
                 -Paragraph 1, Article I is modified to read as follows:

1. " Nuclear reactor,"-"byprcduct material," " person," " source material,"

                        "special nuclear material," and " precautionary evacuation" shall have the meanings given the'n in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Coamission.

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

                  "Public liability" means any legtl libbility arising out of or rcsulting-from a nuclear incident or precautionary evacuation (including all reasonable additional costs incorred by a State or a political subdivision of a State,
,                -in the course or responding to a nuclear incident or precautionary evacuation),

except (1) claims'un e State or Federal Workmen's Compensation Acts of employees of persons indemnifies who are employed (a) at the location or, if the nuclear ^ itcident eccurs in the course of transportation'of the radioactive n:aterial, 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) clairs 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 n - possession, use, or transfer of the radioactive material, and (b) if the nuclear incident occurs in tne course of transportation of the radioactive material, the transporting vehicle, containers used in such transportatico, and the radioactive material. Paragraph 4(c) Article II is revised to read as follows: (c) Any issue or. defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his injury or damage end the cruse thereof. 3: ,

  . . -? 2.]

1 .. . > 2 In paragraph 1, Article VIII, the amount "$5,000,000" is deleted and the amount "$63,000,000" is substituted therefor. Item 2a of the-Attachment to the indemnity agreement is deleted in its i entirety and the following substituted therefor: I Item 2 - Amount of financial protection i

a. $1,000,000 (From12:01a.m., August 7,1985,to 12 midnight, September 28, 1986, l j

inclusive) i

                                   $160,000,000*             (From12:01a.m., September 29, 1986, to                                                                                 ,

12 midnight, June 30, 1989 l E inclusive) I l

                                   $200,000,000*             (From 12:01 a.m. , July 1,1989)                                                                                       1 FOR THE U.S. NUCLEAR REGULATORY COMMISSION l

AEAf h. . N^;2f ~ 1 recil 0. Thomas, Chief Policy Development and Technical Support Branch Program Maagement Policy Development and Analysis Staff Office Nuclear Reactor Regulation l

                                                                                                                                                                                  .)

Accepted f/nwawe _2. 'I ., 1989

                                                                                                                                                                                  -1 By             Lh4 ITili)qPowgr. compa 1

Accepted # /W a p 4 // , 1989

 ;
                                          \

By / 4.e-Soyland Power. Cooperative, Inc. I

                  *and, as of Augiist 1, In77, the amount availabie as secondary financial protection.
/    ,

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