ML17348A277

Forwards Listed Endorsements,Including 80-86,15-16,13-14, 104-109 & 112 to Nelia Policies NF-227,N-59,N-89 & NF-185, Respectively & 67-73 & 15-16 to Maelu Policies MF-88,M-25 & M-26,respectively

ML17348A277
Person / Time
Site:	Saint Lucie, Turkey Point
Issue date:	06/05/1990
From:	Lackner S MARSH & MCLENNAN, INC.
To:	Dinitz I NRC
References
NUDOCS 9006120224
Download: ML17348A277 (404)

Text

ACCELERATED D TRIBUTION DEMONS TION SYSTEM REGULATORY INFORMATION DXSTRXBUTION SYSTEM (RIDS)

ACCESSION NBR:9006120224 DOC.DATE: 90/06/05 NOTARXZED: NO DOCKET FACXL:50-250 Turkey Point Plant, Unit 3, Florida Power and Light C 05000250 50-251 Turkey Point Plant, Unit 4, Florida Power and Light C 05000251 50-335 St. Lucie Plant, Unit 1, Florida Power 6 Light Co. 05000335 50-389 St. Lucie Plant, Unit 2, Florida Power 6 Light Co. ~ 05000389 AUTH. NAME AUTHOR AFFILIATION LACKNER,S.M. Marsh & McLennan, Inc.

RECIP.NAME RECIPIENT AFFILIATION ~

DINITZ,I. NRC No Detailed Affiliation Give

SUBJECT:

Forwards Endorsements 80-86 for NELIA Policy NF-227 Endorsements 67-73 for MAELU Policy MF-88.

DISTRIBUTION CODE: M001D COPIES RECEIVED:LTR ENCL SIZE:

TITLE: Insurance: Indemnity/Endorsement Agreeme ts NOTES RECIPIENT COPIES RECIPIENT COPIES ID CODE/NAME LTTR ENCL ID CODE/NAME LTTR ENCL INTERNAL: NRR/PMAS/PTSB12 1 1 REG FILE 01 1 1 EXTERNAL: LPDR 2 2 NRC PDR 1 1 NOTE TO ALL "RIDS" RECIPIENTS:

PLEASE HELP US TO REDUCE WASTE! CONTACT THE DOCUMENT CONTROL DESK, ROOM Pl-37 (EXT. 20079) TO ELIMINATEYOUR NAME FROM DISTRIBUTION LISTS FOR DOCUMENTS YOU DON'T NEED!

TOTAL NUMBER OF COPXES REQUIRED: LTTR 5 ENCL 5

~arslh8~

+cgenrt%2 Marsh & Mcl.ennan Nuclear 222 South Riverside Plaza Chicago, Illinois 60606 Telephone 312 648-6000 June 5, 1990 Mr. Ira Dinitz Insurance 8 Indemnity Policy Analyst U. S. Nuclear Regulatory Commission Mail Stop 12E4 Washington, D.C. 20555 RE: FLORIDA POWER 5 LIGHT COMPANY NUCLEAR LIABILITY INSURANCE

Dear Mr. Dinitz:

On b'ehalf of the captioned client, enclosed are two certified copies of each of the following insurance policy documents:

Station Polic No. Endorsement No.

St. Lucie NF-Q7 80-86 MF-88 67-73 N-59/M-59 15-16 N-89/M"89 13-14.

Turkey Point NF-185 104"109, 112 MF-55 91-96,99 N-25/M-25 15-16.

N-26/M-26 15-16.

Endorsement Nos. 110-111 and 97-98 for policies NF-185 and MF-55, respectively, were previously sent under cover of my May 7, 1990 letter.

Please contact me if you have any questions.

Regards, Steven M. Lackner Nuclear Consultant SML:gc enc.

cc: Mr. R. Hinds - FP8L Mr. S. Reynolds - FPSL Mr. W. Wegener - MBM Chicago 9006120224 900605 PDR ADOCK 05000250 J PDC

cfog) g ogc2$

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)

Effective August 20, 1988, the named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the construction, possession, or operation of the facility, or'b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:

(i) negligence,,

(ii) contributory negligence, (iii) assumption of risk, and intervening causes, whether (iv) unforeseeable involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2. The waivers set forth in paragraph 1. above do not apply to NE-33b Page 1 of 3

'

J PJ

(a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of. and i;n connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or required toor be provided under any workmen's compensation occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion'oes not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.

3 0 The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms other than this endorsement; provided, however, that with respect to bodily injury or property damage resulting from an extraordinary nuclear occurrence, Insuring Agreement IV, "Application of Policy", shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and. for which written claim is made against the insured not later than twenty (20) years after the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

Such waivers shall not preclude a defense based upon 'he failure of the claimant to take reasonable steps to mitigate damages.

4. Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because NE-33b Page 2 of 3

gl of bodily> injury or property damage to which the policy applies as proof of financial protection.

5. As used herein:

"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

"Financial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means the person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

this is a true copy ol the original

'

db patt the endorsement num '

Pl b

I=o ) d-Liability o i< (F a ilit r isa rded h d hereon. No sur jgn. ted Q, r President Un Q ttrncchi Vice John . Qua htnerican Nuclear lnsurers Effective Date of this Endorsement Au9ust 20, 1988 To form a part of Policy No. NF-227

-12:01 A.H. Standard tine Issued to F1orida Power 8 Li ht Com any Date of issue February 16, 1990 For the cribing panies By esident Endorsement No. 80 Countersigned by NE-33b Page 3 of 3

'A E

C

'

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY Effective August 20, 1988, it is agreed that in construing the application of paragraph 2(b) of the HAIVER OF DEFENSES ENDORSEMENT NE-33b 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 Nuclear Regulatory 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 Nuclear Regulatory Commission 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.

oof the oricjnal that this is a true copyo and being made Part this is to certify orseernent number an es-the en d Form)) as d En d orrsernenthavin9 r Ltability p c cy (FaciQy f the nuclear Enersy; is forded o hereunder.

nate d h reon. No Insurance i.

resident.. in' utah, i e tnsurers An mn Nuctear Effective Date of orsement A"9"st 20> 1988 To form a part of Policy No. NF-22?

12r01 A. H. Standard time Issued to F1orida Power 8 Li ht Com an Date of Issue February 16; 1990 For the s ribing 'panies, resident dorsement No. 81 Countersigned by NE-39b

1$

f1 T

,k - '

) h

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYlNSURANCE ASSOCIATlON Restriction of Com anies Obli ation to Defend Investi ate Ne otiate or Settle An Claim or Suit (Section 170 0. of the Atomic Energy Act of 1954, as amended)

Effective August 20, 1988, it is agreed that whenever, pursuant to subsection 170 0. of the Atomic Energy Act of 1954; as amended, an appropriate U.S. District Court determines that, liability from a single nuclear incident may exceed the limit of liability under the applicable limit of liability under subsection 170 e.(1) (A), (B) and (C) of the Atomic Energy Act of 1954, as amended, the companies obligations under Insuring Agreement I, to defend, investigate, negotiate or settle any claim or suit under the policy do not include any. obligation that, would necessitate or result in the companies incurring legal costs, including costs of initiating, prosecuting, investigating, settling, or defending claims or suits, which are not authorized for payment by a court pursuant to such subsection 170 0.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuclear Energy Liability Polic (Facility Form) as des-iqr~. ed hereon. No suran,e is af ded hereunder.

Quattrocchi, Vice President Und~

Arnencan Nuclear insurers Effective Date of Endorsement August 20, 1988 To form a part of Policy No. NF-227 12:01 A.H. Standard time Issued to F1orida Power 8 Li ht Col an Date of issue February 16, 1990 For the Su ibing Co anies By rsement No. 82 Countersigned by NE-.70

I

~,r~ e l!

Lf

Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILlTYlNSURANCE ASSOCIATlON WAIVER 0 DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)

The named insured, acting for himself and every other insured under the policy, and. the members of Nuclear Energy Liability Insurance Association agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a} arises out of or results from or occurs in the course of the construction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1} any issue or defense as to the conduct of the claimant or the fault of the insureds. including but not limited to:

(i) negligence.

(ii) contributory negligence, (iii)

(iv) assumption of risk, and unforeseeable intervening causes, whether involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew. or reasonably could have known. of his bodily injury or property damage and the cause thereof.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2 ~ The waivers set forth in paragraph 1. above do not apply to (a) bodily in jury, property damage or environmental damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; NE-33c (1/1/90) Page 1 of 3

e

\t I(

(b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes glace if benefits therefor are either payable or required to be provided under any workmen' compensation or occupational disease law:

(c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.

3. The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury prope t mage or environmental damage to which the policy applies under its terms other than this endorsement; provided, however, that with respect to bodily injury, property damage or environmental damage resulting f ext raordinary nuclear occurrence, the provisions of COVERAGES A and C of the policy providing, coverage for bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard and which is discovered and for which written claim is made against the insured not later than ten (10) afte r the end of the policy period shall not operate to bar coverage for bodily in jury, property damage or environmental damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty (20) years after the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indemnif ication between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170e.'f the Atomic Energy Act of 1954, as amended.

Such waivers shall not preclude a defense based upon the failure of the claimant to take reasonable ste s to mitigate damages.

NE-33c (1/1/90} Page 2 of 3

k

'

Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above sha11 be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury, property damage or environmental damage to which the policy applies as proof of financial protection.

5. As us'ed herein:

"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

"Financial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means the person or organization actually sustaining the bodily injury, property damage or environmental damage and also includes his assignees, legal- representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuclear Energy Liability P licy (Facility Form) as des-ignated hereon. No Insurance is fforded hereunder.

i (+Rfocc I ~ 'c tins rican Nuclear Insurers Effective Date of January 1, 1990 this Endorsement To form a part of Policy No. NF-227 12:01 A. H.. Standard time Issued to Date of Issue February 16, 1990 Por the S ribing C panies, By i t orsement No. 83 Countersigned by HE-33c (1/1/90) Page 3 of 3

0 r

~ 4>> . ~

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION

=

SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed 2(b) of the that in construing, the application of paragraph WAIVER OF DEFENSES ENDORSEMENT NE-33c with respect to an extra'ordinary 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 Nuclear Regulatory 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 Nuclear Regulatory Commission 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 facili.ty.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of t. e Nuclear Energy Liability Polic. (Facility Form) as des-ignai d hr r~~n. No I.-.ur .

'" 'ded hereunder.

John L. Quattrocchi, Vice President. Underwriting American Nuctear insurers Effective Date of this Endorsement -- y 12t01 A. tt. Stanctard time To form a part of Policy No. NF-227 Issued to Date of Issue February 16, 1990 Por the Sub ibing Com anies, By ndorsement No. 84 Countersigned by NE-39c (1/1/90)

4 Al

/ ~

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION AMENDATORY ENDORSEMENT (Facility Form)

It is agreed that:

1. INSURING AGREEMENT' is replaced by the following:

I COVERAGE A - LIABILITY To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage, or as covered environmental cleanup costs because of environmental damage. This Coverage applies only to bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period.

The companies shall have the right and duty to defend any claim or suit against the insured alleging such injury or damage, and seeking damages or costs which are payable under the terms of this policy; but the companies may make such investigation, negotiation and settlement of the claim or suit as they deem expedient.

The companies'uty to defend shall be limited, as described in INSURING AGREEMENT IV, if the claim or suit also seeks any of the following, which in no event shall be construed as covered by this policy:

damages for on-site property damage; recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs:

(3) performance of an insured's environmental protection obligations or on-site cleanup obligations; or (4) any other relief or recovery except payment of covered damages or covered environmental cleanup costs.

The companies'uty to defend claims or suits ends when the limit of their liability has been exhausted pursuant to CONDITION 3.

Subject to INSURING AGREEMENT IV, the companies shall pay, with respect to any claim or suit they defend, the costs incurred in the defense, including costs taxed against the insured in any such suit and interest on any judgment therein:

premiums on appeal bonds and bonds to release attachments in any such suit, but without obligation to apply for or furnish such bonds:

fg J

(3) reasonable expenses, other than loss of by the insured at the companies'equest.

earnings'ncurred COVERAGE B - DAMAGE TO PROPERTY OF AN INSURED AWAY FROM THE FACILITY With respect to property damage caused during the policy period by the nuclear energy hazard to the property of an insured which is away from the facility, to pay to such insured those sums which such insured would have been legally obligated to pay as covered damages therefor, had such property belonged to another.

COVERAGE C - SUBROGATION - OFFSITE EMPLOYEES With respect to bodily injury caused during the policy period by the nuclear energy hazard to any employee of an insured, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period, to pay to the workmen's compensation carrier of such insured as follows:

All sums which such carrier would have been entitled to recover and retain as damages from another person or organization, had such person or organization alone been legally responsible for such bodily injury, by reason of the rights acquired by subrogation by the payment of the benefits required of such carrier under the applicable workmen's compensation or occupational disease law. An employer who is a duly qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this Coverage.

This Coverage does not apply to bodily injury to any person who is employed at and in connection with the facility; nor shall it constitute workmen's compensation insurance as required under the laws of any state.

INSURING AGREEMENT II is replaced by the following:

II DEFINITION OF INSURED The unqualified word "insured" includes (a) the named insured and (b) any other person or organization with respect to his legal responsibil'ity for covered damages or covered environmental cleanup costs because of bodil injury, property damage or environmental damage caused by the nuclear energy hazard.

Subdivision (b) above does not include as an insured th e United States of America or any of its agencies, except the Tennessee Valley Authority.

Subject to CONDITION 3 and the other provisions of this.

policy, the insurance applies separately to each insured against whom claim is made or suit is brought.

g t rg

INSURING AGREEMENT III is replaced by the following:

III DEFINITIONS'herever used in this policy:

>>bodily injury" means bodily injury, sickness or disease, including death resulting therefrom, sustained by any persona "covered damages" means damages because of bodily injury or property damage to which this policy applies: but covered damages do not include environmental cleanup costs or on-site cleanup costs.

"covered environmental cleanup costs" means only those environmental cleanup costs which are incurred directly for monitoring, testing for, cleaning up, neutralizing or containing environmental damage as the result of an extraordinary nuclear occurrence or a transportation incident: but covered environmental cleanup costs do not include on-site cleanup costs.

"disposal site" means any structure, basin, excavation, premises or place prepared as a dump or site for the disposal of waste materials of a general nature, but which may also be used for the disposal of waste materials containing small amounts of nuclear material.

"environment" includes land, the atmosphere, and all watercourses, bodies of water and natural resources, whether on, above or below the surface of the ground.

"environmental cleanup costs" include all loss, cost or expense arising out of any governmental decree, order or directive (other than an award of covered damages in an action at law) requiring or requesting a person or organization to undertake or pay for monitoring, .testing for, cleaning up, neutralizing or containing contaminati of the environment, whether the contamination is on. above or below the surface of the ground.

"environmental damage" means contamination of the environ-ment by nuclear material.

"environmental protection obligations" include all obligations of any person or organization relating to the protection of the environment from contamination or imminent danger of contamination, and imposed by any governmental laws, regulations or ordinances.

"extraordinary nuclear occurrence" means an event wwhic h e United States Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as

Q-,v J

la~

,,(

A

defined in the Atomic Energy Act of 1954, or in any law amendatory thereof.

"governmental" refers to federal, state and local governments and authorities, including courts, agencies and political subdivisions thereof.

"indemnified nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Xnsurance Association or Mutual Atomic Energy Liability Underwriters, or (2) any other nuclear facility, if financial protection is required pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, with respect to any activities or operations conducted thereat.

"insured shipment" means a shipment of source material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, herein called "material,"

(1) to the facility from any location except an indemnified nuclear facility, but only if transportation of the material is not by predeter-the mination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its transpor-tation, or (2) from the facility to any other location, but only until the material is removed from a transporting conveyance f'r any purpose other than the continuation of its transportation.

"nuclear energy hazard" means the radioactive, toxic, explosive or other hazardous properties of nuclear material, but only if the nuclear material is at the facility or has been discharged or dispersed therefrom without intent to relinquish possession or custody thereof to any other person or organization, or (2) the nuclear material is in an insured shipment which is 'away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a) the territorial limits of the United States of America, its .territories or possessions, or Puerto Rico: or (b) international waters or airspace, provided that the nuclear material is in the course of transportation between two points located within

the territorial limits described in (a) above and there is no deviation in the course of the transportation for the purpose of going to any other country, state or nation, except for the purpose of going to or returning from a port or place of refuge as the result of an emergency.

"nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters. The term "nuclear facility" also means

(>) any nuclear reactor, (2) any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b) processing or utilizing spent, fuel, or (c) handling, processing or packaging waste, (3) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.

"nuclear material" means source material, special nuclear material or byproduct material.

"nuclear reactor" means any apparatus designed or used to sustain nuclear fission or a self-sustaining, chain reaction or to contain a critical mass of fissionable material.

"on-site cleanup costs" include all loss, cost or expense arising out of on-site cleanup obligations.-

"on-site cleanup obligations" include all obligations of any person or organization, imposed by common law or otherwise, to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination by nuclear material at the facility, whether the material is on, above or below the surface of the ground.

"on-site property damage" includes all property damage to any property at the facility, whether the property is on,

above or below the surface of the ground other th ai rc raft, watercraft or vehicles licensed for highway use,

h provided such aircraft, watercraft or vehicles are not used in connection with the operation of the facility.

"property damage" means physical injury to or destruction or radioactive contamination of property, and loss of use of property so injured, destroyed or contaminated, and loss of use of property while evacuated or withdrawn from use because possibly so contaminated or because of imminent danger of contamination.

<<source material," "special nuclear material," and

'~byproduct material" have the meanings given them in the Atomic Energy Act of 1954, or in any law amendatory thereof.

"spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in any nuclear reactor.

"the facility" means the facility described in the declarations and includes the location designated in Item 3 of the declarations and all property and operations at such location.

"transportation incident" means a discharge or dispersal of nuclear material from an insured shipment caused by collision or upset of the transporting conveyance, or an accident that breaks open, punctures or ruptures the shipping containers or containment thereon: but only if both the discharge or dispersal and the collision, .upset or accident take place away from any nuclear facility and away from any disposal site, and both occur in the course of the transportation, including handling and temporary storage incidental thereto.

"waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (1) or (2) thereof.

4 ~ INSURXNG AGREEMENT XU is replaced by the following and INSURING AGREEMENT IU-A, added by the "Amendment of Coverage Endorsement for Workers Claims (Facility Form)"

continues to apply:

IV LIMITED DEFENSE .OF PARTIALLY COVERED CLAXMS OR SUITS The following provisions apply with respect to any partially covered claim or suit for which to defend has been limited by INSURXNG AGREEMENT I:

the.,companies'uty (1) The companies will defend the claim or suit unless the companies and the first. named insured mutually agree on a different defense arrangement. By making

I

,1

such a defense, the companies shall not be considered as having waived their rights under this policy to deny payment or reimbursement of the items not covered.

(2) As soon as practicable, the first named insured, acting on behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for handling the defense and sharing the costs thereof.

(3) The companies'hare of defense costs shall not exceed the portion of the total defense costs that represents the costs which would be reasonably and necessarily incurred in the defense of the claim or suit in the absence of any claim or demand for the items not covered.

(4) The companies shall have a right to contribution from the first named insured for all defense costs as they are incurred in excess of the amount of the companies'hare, including reimbursement by 'he first named insured of all such excess costs paid by the companies.

(5) If the companies and the first named insured cannot agree on the companies'hare of defense costs, the dispute shall be submitted, as a condition precedent to any right of recovery on this policy, to arbitra-tion for a final and binding resolution, as provided in Condition 19.

In EXCLUSIONS (d) and (e), and in all endorsements to this H

5.

policy relating thereto, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

6. EXCLUSION (f) is replaced by the following exclusion:

(This policy does not apply:]

(f) to on-site property damage; 7 ~ In CONDITION 3, and in all endorsements to this policy modifying the dollar amount of the limit of liability stated in Item 4 of the declarations, the words "bodily injury or property damage" are replaced by <<bodily injury, property damage or environmental damage."

8. In CONDITION 4, and in all endorsements to this policy modifying;,the dollar amount of the total aggregate liability of the companies with respect to a common occurrence:

(a) the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage"; and (b) the words <<bodily injury and property damage<< are replaced by "bodily injury, property damage and environmental damage. <<

C Ih

In CONDITIONS 5, 11, 15 and 18, and in all endorse this policy relating thereto, the >>bwords property damage" are replaced b di y, property damage or environmental damage."

CONDITION 19 19, DECLARATIONS, is renumbered CONDITION 20.

The following CONDITION is added to the policy.

19 ARBITRATION OF DISPUTES RELATING TO THE E APPLICATION OF INSURING AGREEMENT IV All such disputes subject to paragraph 5 of I AGREEMENT IV shall be submitted to a Boa (the "Board" ) for a final na and binding resolution of the dispute.

There shall be two parties to the arbitration: the fi Liability Insurance Association, actin on be th i d ly au th or ized representative.

Except to the extent the parties mutuall otherwise, the following principl p es w ill ll apply:

a (a) The arbitration will take York, and will be governed a e pl p ace ini New York New e b y thee laws of the State of New York.

(b) Either party may begin the rocess giving notice to the other p y n writing of its o o so and the name of it (c) The other party shall then a oint i arbitrator, and th e arbitrators b shall a oi writing an umpire before theey beegin the arbit ation.

e s a act as chairman of the Board.

(d) I a party fails to name its thi t (30) d of thhe other party's wxitten appoint an arbitrator for the art i (e) If the twowo ar arbittrators fail to selection of an umpire within thirty (30 a ree on po n e , each of them shall name two, o om the other shall decline one.

of wwhom The c o ce shall be made by drawing lots.

(f) The arbitrators and umpir h 11 ive officers or former executive officers of urance o o business in the United a es or of organizations designated as the first named insured under a Nuclear Energy Liabilit Polic y i 1 it'y I Underwriters; provided that the curr s a not be eli ible without the consent n o f oth parties:

(1) any party or likely party to the underlying claim or suit:

(2) American Nuclear Insurers, MAERP Reinsurance Association or their members; or (3) any other insurer or reinsurer which has casualty insurance or reinsurance in force on any of the foregoing which may be materially affected by the Board's decision.

Within thirty (30) days after the appointment of the umpire, each party shall submit its case in writing to the Board.

The Board shall determine its rules of procedure, and the nature and extent of any discovery, testimony, examination or cross-examination of witnesses and oral argument permitted. The decision of. any two members of the Board shall be final and binding on all parties. All discovery, submissions of evidence, hearing of witnesses and argument shall be completed within sixty (60} days of the appointment of the umpire, provided the Board may grant one extension of thirty (30) days.

The arbitrators and the umpire are not to be bound by any strict rules of legal procedure, evidence or legal precedents. They shall, however, be governed by the terms of this policy, and shall have no power to add to 'or change its provisions. Subject to this admonition, they shall interpret the relevant provisions of this policy as an honorable business agreement, and shall be entitled to decide, in accordance with such provisions together with the other materials submitted to them, what they think is the fair and right thing to be done between the parties from a business point of view, without favoring the interest of either party.

The Board shall make its award'n writing, within thirty (30} days after the close of the period, including any extension granted, described in paragraph (h) above.

If the Board fails .to make an award within the time prescribed by paragraph (j} above, then unless an extension is agreed to by the parties, ,a new arbitration shall be commenced and completed in accordance with the procedure set out in paragraphs (a) through (j) above.

The award of the Board signed by any two members shall be final, not subject to appeal and binding on all parties, including all insurers subscribing the policy and all insureds thereunder. The award shall be treated as a matter involving interstate commerce, and may be filed or confirmed in any court of competent jurisdiction, state or federal, and judgment thereon entered and enforced, in accordance with the law and practice of the forum.

(m) Unless the Board decides otherwise, each party shall pay the expenses of the arbitrator appointed by or for it arbitration.

and one half ,of the other costs of (n) If an arbitrator or umpire is unable or .unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place, in accordance with the provisions set forth above.

(o) All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing party shall send simultaneously a copy thereof to the opposing party.

12. This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under this policy. and which are first made in writing against any insured on or after the effective date of this endorsement stated below.

'I of the original This is to certify that this is a true copy and being made part the endorsement number Endorsement having Poli~ (Facility Form) as des-of the Nuclear Energy Liability

~

e is a'ded hereunder.

ign ted hereon. No suran Johr . Quattrocchi, Vice President-Un American Nuclear Insurers 10 Effective Date of To form a part of Policy No NF-227 this Endorsement Januar 1 1990 12: 01 A.M. Standard Time Issued to F1orida Power 8t Li ht Date of Issue Februar 16 1990 For the su ribing c panies By PRESIDENT orsement No 85 Countersigned by il':-71 (1/1/90)

V ~

6 g ll f,x

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION CHANGES IH SUBSCRIBIHG COMPANIES AND IH THEIR PROPORTIONATE LIABILITYENDORSEMENT CALENOAR YEAR 1990 that with respect to bodily in)ury, property damage or environmental 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 below.

b. The policy shall be binding on such companies only.

c. Each such company shall be liable for its proportion of any obligation assumed or expense incurred under the policy because of such bodily in)ury, property damage or environmental damage as designated below.

2. It is:agreed that the effective period of this endorsement is from the beginning of the':Wffec tive date of this endorsement stated below to the close of December 31, 1990, or to the time of the termination or cancellation of the policy, if sooner';

co I Aetna Casualty 8 Surety Co.

Aliianz Insurance Company 12.917337K

1. 515634K Allstate Insurance Cotpany 5.535510K American Home Assurance Co. 0.692369K Continental Casualty Conpany 5.34175(C Continental Insurance Company 10.333870X Federal Insurance Company 2.755699K General Ins. Co. of America 1.722312K, 0 Hanover Insurance Company 0.595059X 0 Hartford Fire Insurance Co. 10.333870K

0) Highlands Insurance Company 0.344462K 07 Hcme Indecnity Cocpany 1.614667K m

tO Ins. Co. of North America 7.750403K o

(0 Q Motors Insurance Corporation 0.430578K Ohio Casualty Insurance Co. 0.172231K vi (g Providence Washington Ins. Co. 0.193760K Rel i ance Insurance Cocpany 0.516694K Royal Ins. Co. of, America 3.616855K St. Paul Fire G Marine Ins. Co. 5.991922K State Farm Firm 8 Casualty Co. 0.861156K Tokio Marine 8 Fire Ins. Co. 0.516694K Transanerica Insurance Co. 0. 861156K Travelers Indecaity Cocpany 12.856195K U. S. Fire Insurance Cocpany 2.325121K U.S. Fidelity 8 Guaranty Co. 8.611558K Universal Underwriters Ins. Co. 0.172231K 2urich Insurance Cocpany 'I .420907K Total 100. 000000K NE-90 Effective Date of this Endorsement Janua 1 1990 To form a part of Policy No. NF-227 12:01 A. H. Standard time Issued to F1orida Power 8 Li ht Com any te of Issue A ril 1 1990 For the Subs ribing Cq&panies, By (I ..~-<4 President Endorsement No. ~6 Countersigned by

=I i

0

)~ I I:

Nuclear Energy LIabllity Insurance NUCLEAR ENERGY LIABILITY'NSURANCEASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)

Effective August. 20, 19&&, the named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the construction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct o'f the claimant or the fault of the insureds, including but not limited to:

(i) 'negligence, (ii) contributoryofnegligence, (iii) unforeseeable assumption risk, and intervening causes, whether (iv) involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof.

The waiver of any such issue or. defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2. The waivers set forth in paragraph 1. above do not apply to NE-33b Page 1 of 3

$J"

(a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or required toor be provided under any workmen's compensation occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.

3 ~ The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms other than this endorsement; provided, however, that with respect to bodily injury or property damage resulting from an

=

extraordinary nuclear occurrence, Insuring Agreement IV, "Application of Policy", shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty (20) years after the date of the extraordinary nuclear occurrence.

Such waivers shall not. apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability,provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

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

Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because NE-33b Page 2 of 3

of bodily injury or property damage to which the policy applies as proof of financial protection.

5. As used herein:

"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined -to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

"Financial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means the person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

the original certify that this is a true copy of 3'h is to e

n orse e ha g Liability icy ner hereunder.

Inca~ ce e i a or afforded nated hereon. o i dei 'ting ice President-Vice 1 a L, Quattrocc h i, Nuclear lnsurers American Effective Date of this Endorsement August 20, 1988 To form a part of Policy No. NF-227

-12r01 A.H. Standard time Issued to Florida Power 8 Li ht Com any Date of issue February 16, 1990 For the cribing panies By esident Endorsement No. 80 Countersigned by NE-33b page 3 of 3

/

(r E

Nuclear Energy Liability insurance NUCLEAR ENERGY LlABILITYlNSURANCE ASSOCIATlON SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY Effective August 20, 1988, it is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT NE-33b 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 Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:

(l) 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 Nuclear Regulatory Commission 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.

This is to certify that this is a true copy of the original having the endorsement number and being made part

'ndorsement des-of e Nuclear Energy Liability Polic (Facility Form) as igna d hereon. No su s af, ded hereunder.

John Quattrocchi, Vice President.ond American Nuclear !nsurers Effective Date of this Endorsement To form a part of Policy No. NF-227 12t01 A. H. Standard time Issued to Florida Power 5 Li ht Com an pate of Issue February 16; 1990 For the s ribing panies, By resident dorsement No. 81 Countersigned by NE-39b

f .

'p

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION Restriction of Com anies Obli ation to Defend Investi ate Ne otiate or Settle An Claim or Suit (Section 170 0. of the Atomic Energy Act of 1954, as amended)

Effective August 20, 1988, it is agreed that whenever, pursuant to subsection 170 0. of the Atomic Energy Act of 1954; as amended, an appropriate U.S. District Court, determines that liability from a single nuclear incident may exceed the limit of liability under the applicable limit of liability under subsection 170 e.(1) (A), (8) and (C) of the Atomic Energy Act of 1954 as amended, the companies obligations under Insuring Agreement I, to defend, investigate, negotiate or settle any claim or suit under the-policy do not include any obligation that would necessitate or result in the companies incurring legal costs, including costs of initiating, prosecuting, investigating, settling, or defending claims or suits, which are not authorized for payment by a court pursuant. to such subsection 170 0 ~

1 original This is to certify that this is a true copy of the and being made part Endorsement having the endorsement number Form) as des-of t. e Nuclear Energy Liability' Polit..

(Facility d hereunder.

ig~ai .d herr", No ii..ur ~

Underwriting John L Quattrocchi, Vice President.

Amencan Nucfear Insurers Effective Date of Endorsement August 20, 1988 To form a part of Policy No. NF-227 12r01 A.H. standard time Issued to Florida Power & Li ht Com an Date of issue February 16, 1990 Por the Su ibing Co anies By ndorsement No. 82 Countersigned by NE-70

a wl Nuclear Energy Uability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)

The named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of. or results from or occurs in the course of the construction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:

(i) negligence.

(ii) contributory negligence, (iii)

(iv) assumption of risk, and unforeseeable intervening causes, whether involving the conduct of a third person, or an act of God, (2), any issue or defense as to,charitable or governmental immunity, and (3) any ,issue or defense based on any statute of limitations from the if suit is instituted within three years date on which the claimant first knew, or reasonably could have known. of his bodily injury or property damage and the cause thereof.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2 ~ The waivers to set forth in paragraph l. above do not apply (a) bodily injury, property damage or environmental damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant:

NE-33c (1/1/90} Page 1 of 3

I 3

s" l

(b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or required to be provided under any workmen '

compensation or occupational disease law:

(c) any claim 'for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.

3 ~ The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury, property damage or environmental damage to which the policy applies under its terms other than this endorsement; provided, however, that with respect to bodily injury. property damage or environmental damage resulting from an extraordinary nuclear occurrence, the provisions of COVERAGES A and C of the policy providing cover f bodil y injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard and which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the policy period shall not operate to bar coverage for bodily injury, property damage or environmental damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty (20) years after the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended: and (c) the limit of liability provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

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

HE-33c (1/1/90) Page 2 of 3

'

($

4i t

~ 'i

)l

4, Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954. as amended, the waivers set forth in paragraph 1.'bove shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury, property damage or environmental damage to which the policy applies as proof of financial protection.

As used herein:

"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as def ined in the Atomic Energy Act of 1954, as amended.

nFinancial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means the person or organization actually sustaining, the, bodily injury, property damage or environmental damage and also includes his assignees, legal representatives and othex'ersons or organizations entitled to bxing an action for damages on account of such injury or damage.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part o'he l'!uclear Energy Liability Polic (Facility Form) as des-igna cl hereon. No I surart .~ '~ aff ded hereunder.

John . Quattrocchi, Vice President.Undet America Nuclear Insurers Effective Date of this Endorsement .- To form a part of Policy No. NF-227 l2tOl A. H.. Standard time Issued to Date of Issue February 16, 1990 For the S ribing C panies, orsement No. 83 Countersigned by NE-33c (1/1/90) Page 3 of 3

~ )

~

j I

) ~ t

'R

~

/

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIUER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT NE-33c 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 Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:

(l) 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 Nuclear Regulatory Commission 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.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuclear Energy Liability Poli s (Facility Form) as des-ign, ted hereon. No nsurance is a irded hereunder.

Joh i~ I Quattrocchi, ice President Un American Nuclear lnsurers

'Effective Date of part of Policy No. NF-227 this Fndorsement To form a 12:01 A. tt. Standard time Issued to Date of Issue February 16, 1990 F or the Sub ibing Com anies, By ndorsement No. 84 Countersigned by NE-39c (1/1/90)

"h *'

0

,( 4 p

ld ~ h p

U

Nuclear Energy Liability Insuranc'e NUCLEAR ENERGY LIABlLlTYINSURANCE ASSOClATIQN AMENDATORY ENDORSEMENT (Facility Form)

It is agreed that:

1. INSURING AGREEMENT I is replaced by the following:

I COVERAGE A - LIABILITY To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage, or as covered environmental cleanup costs because of environmental damage. This Coverage, applies only to bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard, and which is discovered and for which written claim is made against the

,insured, not later than ten (10) years after the end of the policy period.

The companies shall have the right and duty to defend any claim or suit against the insured alleging such injury or damage, and seeking damages or costs which are payable under the terms of this policy: but the companies may make such investigation, negotiation and settlement of the claim or suit as they deem expedient.

The companies'uty to defend shall be limited, as described in INSURING AGREEMENT IV, if the claim or suit also seeks any of the following, which in no, event shall be construed as covered by this policy:

damages for on-site property damage:

recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs:

(3) performance of an insured's environmental protection obligations or on-site cleanup obligations; or any other relief or recovery except payment of covered damages or covered environmental cleanup costs.

The companies'uty to defend claims or suits ends when the limit of their liability has been exhausted pursuant to CONDITION 3.

Subject to INSURING AGREEMENT IV, the companies shall pay, with respect to any claim or suit they defend, the costs incurred in the defense, including costs taxed against the insured in any such suit and interest on any judgment therein:

premiums on appeal bonds and bonds to release attachments in any such suit, but without obligation to apply for or furnish such bonds:

0' (3) reasonable expenses, other than loss of earnings, incurred by the insured at the companies'equest.

COVERAGE B - DAMAGE TO PROPERTY OF AN INSURED AWAY FROM THE FACILITY With respect to property damage caused during the policy period by the nuclear energy hazard to the property of an insured which is away from the facility, to pay to such insured those sums which such insured would have been legally obligated to pay as covered damages therefor, had such property belonged to another.

COVERAGE C - SUBROGATION - OFFSITE EMPLOYEES With respect to bodily injury caused during the policy period by the nuclear energy hazard to any employee of an insured, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period, to pay to the workmen's compensation carrier of such insured as follows:

All sums which such carrier would have been entitled to recover and retain as damages from another person or organization, had such person or organization alone been legally responsible for such bodily injury, by reason of the rights acquired by subrogation by the payment of the benefits required of such carrier under the applicable workmen's compensation or occupational disease law. An employer who is a duly qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this Coverage.

This Coverage does not apply to bodily injury to any person who is employed at and in connection with the finsurance acility: nor shall as it constitute workmen' compensation required under the laws of any state.

INSURING AGREEMENT II is replaced by the following:

II DEFINITZON OF INSURED The unqualified word "insured" includes (a) the named insured and (b) any other person or organization with respect to his legal responsibility for covered damages or covered environmental cleanup costs because of bodily injury, property damage or environmental damage caused by the nuclear energy hazard.

Subdivision (b) above does not include as an insured the United States of America or any =of its agencies, except the Tennessee Valley Authority.

Subject to CONDITION 3 and the other provisions of this policy, the insurance applies separately to each insured against whom claim is made or suit is brought;

~/S

~re>>

t ll

INSURINQ AGREEMENT XII is replaced by the following:

IIX DEFINITIONS Wherever used in this policy:

"bodily injury" means bodily injury, sickness or disease, including death resulting therefrom, sustained by any person.

~~covered damages" means damages because of bodily injury or property damage to which this policy applies; but covered damages do not include environmental cleanup costs or'n-site cleanup costs.

>>covered environmental cleanup costs" means only those environmental cleanup costs which are incurred directly for monitoring, testing for, cleaning up, neutralizing or containing environmental damage as the result of an extraordinary nuclear occurrence or a transportation incident; but covered environmental cleanup costs do not include on-site cleanup costs.

"disposal site" means any structure, basin, excavation, premises or place prepared as a dump or site for the disposal of waste materials of a general nature, but which may also be used for the disposal of waste materials containing small amounts of nuclear material.

"environment" includes land, the atmosphere, and all watercourses, bodies of water and natural resources, whether on, above or below the surface of the ground.

"environmental cleanup costs" include all loss, cost or expense arising out of any governmental decree, order or directive (other than an award of covered damages in an action at law) requiring or requesting a person or organization to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contaminati of the environment, whether the contamination is on, above or below the surface of the ground.

"environmental damage" means contamination of the environ-ment by nuclear material.

"environmental protection obligations" include all obligations. of any person or organization (1) relating to the protection of the environment from contamination or imminent danger of contamination, and (2) imposed by any governmental laws, regulations or ordinances.

"extraordinary nuclear occurrence" means an event whic h he United States Nuclear Regulatory Commission o h as dete rmined to be an extraordinary nuclear occurrence as

I' defined in the Atomic Energy Act of 1954, or in any law amendatory thereof.

"governmental" refers to federal, state and local governments and authorities, including courts, agencies and political subdivisions thereof.

"indemnified nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability insurance Association or Mutual Atomic Energy Liability Underwriters, or any other nuclear facility, if financial protection is required pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, with respect to any activities or operations conducted thereat.

"insured shipment" means a shipment of source material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, herein called "material,>>

(1) to the facility from any location except an indemnified nuclear facility, but only if transportation of the material is not by predetex-the mination to be interrupted by x'emoval of the material from a transporting conveyance for any purpose other than the continuation of its transpor-tation, or (2) from the facility to any other location, but only until the material is removed from a transporting conveyance for any purpose other than the continuation of its transportation.

"nuclear energy hazard" means the radioactive, toxic, explosive or other hazardous properties of nuclear material, but only if the nuclear material is at the facility or has been discharged or dispersed therefrom without intent to relinquish possession or custody thereof to any other.

person or organization, or the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a) the territorial limits. of the United States of America, its .territories or possessions, or Puerto Rico; or (b) international waters or airspace, provided that the nuclear material is in the course of transportation between two points located within

lr tg I

the territorial limi'ts described in (a) above and there is no deviation in the course of the transportation for the purpose of going to any other country, state or nation, except for the purpose of going to or returning from a port or place of refuge as the result of an emergency.

"nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters. The term nuclear facility" also means (1) 'any nuclear reactor, (2) any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b) processing or utilizing spent fuel, or (c) handling, processing or packaging waste, (3) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (4) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.

"nuclear material" means source material, special nuclear material or byproduct material.

"nuclear reactor" means any apparatus designed or used to sustain nuclear fission or a self-sustaining chain reaction or to contain a critical mass of fissionable material.

"on-site cleanup costs" include all loss, cost or expense arising o'ut of on-site cleanup obligations.

"on-site cleanup obligations" include all obligations of any person or organization, imposed by common law or otherwise, to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination by nuclear material at the facility, whether the material is on, above or below the surface of the ground.

"on-site property damage". includes all property damage to any property at the facility, whether the property is on, above or below the surface of the ground, other than aircraft, watercraft or vehicles licensed for highway use,

provided such aircraft, watercraft or vehicles are not used in connection with the operation of the facility.

"property damage" means physical injury to or destruction or radioactive contamination of property, and loss of use of property so injured, destroyed or contaminated, and loss of use of property while evacuated or withdrawn from use because possibly so contaminated or because of imminent danger of contamination.

"source material," "special nuclear material," and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954, or in any law amendatory thereof.

"spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in any nuclear reactor.

"the facility" means the facility described in the declarations and includes the location designated in Item 3 of the declarations and all property and operations at such location.

"transportation incident" means a discharge or dispersal of nuclear material from an insured shipment caused by collision or upset of the transporting conveyance, or an accident that breaks open, punctures or ruptures the shipping containers or containment thereon: but only if both the discharge or dispersal and the collision, upset or accident take place away from any nuclear facility and away from any disposal site, and both occur in the course of the transportation, including handling and temporary storage incidental thereto.

"waste" means any waste material (1) containing byproduct material and (2) resulting from the. operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (1) or (2) thereof.

INSURING AGREEMENT IV is replaced by the following and INSURING AGREEMENT IV-A added by the =-"Amendment of Coverage Endorsement for Workers Claims (Facility Form) "

continues to apply:

IV LIMITED DEFENSE OF PARTIALLY COVERED CLAIMS OR SUITS The following provisions apply with respect to any partially covered claim or suit for which the.

to defend has been limited by INSURING AGREEMENT companies'uty I:

(1) The companies will defend the claim or suit unless the companies and the first named insured mutually agree on a different defense arrangement. By making

)4 1

tf'I lh

~4

such a defense, the companies shall not be considered as having waived their rights under this policy to deny payment or reimbursement of the items not covered.

(2) As soon as practicable, the first named insured, acting on behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for handling the defense and sharing the costs thereof.

(3) The companies'hare of defense costs shall not exceed the portion of the total defense costs that represents the costs which would be reasonably and necessarily incurred in the defense of the claim or suit in the absence of any claim or demand for the items not covered.

(4) The companies shall have a right to contribution from the first named insured for all defense costs as they are incurred in excess of the amount of the companies 'hare, including reimbursement by the first named insured of all such excess costs paid by the companies.

(5) If the companies and the first named insured cannot agree on the companies'hare of defense costs, the dispute shall be submitted, as a condition precedent to any right of recovery on this policy, to arbitra-tion for a final and binding resolution, as provided in,Condition 19.

In EXCLUSIONS (d) and (e), and in all endorsements to this policy relating thereto, the words "bodily injury or property damage" are replaced by <<bodily injury, property damage or environmental damage."

EXCLUSION (f) is replaced by the following exclusion:

[This policy does not apply: )

(f) to on-site property damage; In CONDITION 3, and in all endorsements to this policy modifying the dollar amount of the limit of liability stated in Item 4 of the declarations, the words "bodily injury or property damage" are replaced by <<bodily injury, property damage or environmental damage.<<

In CONDITION 4, and in all endorsements to this policy modifying, the dollar amount of the total aggregate liability of the companies with respect to a common occurrence:

(a) the words "bodily injury or property damage" are replaced by "bodily injury, property damage or.

environmental damage": and (b) the words <<bodily injury and property damage<< are-replaced by <<bodily injury, property damage and environmental damage. "

tm h

ll~

1~

I 4

(

t 1 k

1 'q f

In CONDXTIONS 5, 11, 15 and 18, and in all e this po licy 1 ti g th ere t o, the words "bodil in u property damage" are replaced by "bodily in ur ro damage or environmental damage."

CONDITXON 19 19, DECLARATIONS. is renumbered CONDITION 20.

The following CONDITION is added to th e policy'9 ARBXTRATION OF DISPUTES RELATING TO THE APPLICATION OF INSURING AGREEMENT IV a na and binding resolution of the dispute.

There shall be two parties to the arbitration:

named insured, acting on b h lf duly authorized representative, and Liability Insurance Association, acting on beha companies as their duly auth or i ze d representative.

Except to the e xtent the parties mutuall y agree othervise, the folloving prinnc ip 1 es will apply: i (a) The arbitration vill takee ppl ace in New York Nev York, and vill be governed b y th e laws of the State of Nev York.

(b) Either party may begin the p rocess o of arbitration by party in vriting of its on o o so and the name of (c) th t The it other h oi t d party shall then a ppooint in writing an an e arbitrators shall aappooi nt in writing an umpire before the be Th i i s h a 11 actt as chairman of the Board.

(d) If a party fails tof name its arbitrator within he other party's written ays appoint an arbitrator for the part

( ) If th t o bit t selection of an umpire within thirty (30 ,da s a choice shall be aarbitrators made by drawi 1 t shall be (f) The and umpire execu officers or former executive officers o organizations designated as the first

-

named insured under a Nuclear Energy Liabilit Po issued by Nuclear Ener nergy Liability Xnsurance Association a on or Mutual Atomic Ener Lia Undervriters; provided that the cu h i follo ng s h a 11 not be eli ible for sexvice vithout the consent of both pparties ~

J

(',,

C

'4 I

h

(1) any party or likely party to the underlying

'claim or suit:

(2) American Nuclear Insurers, MAERP Reinsurance Association or their members: or (3) any other insurer or reinsurer which has casualty insurance or reinsurance in force on any of the foregoing which may be materially affected, by the Board's decision.

(g) Within thirty (30) days after the appointment of the umpire, each party shall submit its case in writing to the Board.

(h) The Board shall determine its rules of procedure, and the -nature and extent of any discovery, testimony, examination or cross-examination of witnesses and oral argument permitted. The decision of any two members of the Board shall be final and binding on all parties. All discovery, submissions of evidence, hearing of witnesses and argument shall be completed within sixty (60) days of the appointment of the umpire, provided the Board may grant one extension of thirty (30) days.

(i) The arbitrators and the umpire are not to be bound by any strict rules of legal procedure, evidence or legal precedents. They shall, however, be governed by the terms of this policy, and shall have no power to add to or change its provisions. Subject to this admonition, 'they shall interpret the relevant provisions of this policy as an honorable business agreement, and shall be entitled to decide, in accordance with such provisions together with the other materials submitted to them, what, they think is the fair and right thing to be done between the parties from a business point of view, without favoring the interest of either party.

(j) The Board shall make its award in writing within thirty (30) days after the close of the period, including any extension granted, described in paragraph (h) above.

(k) -If the Board fails .to make an award within the time prescribed by paragraph (j) above, then unless an extension is .agreed to by the parties, a new arbitration shall be commenced and completed in accordance with the procedure set out in paragraphs (a) through (j) above.

(1) The award of the Board signed by any two members shall be final, not subject to appeal and binding on all parties, including all insurers subscribing the policy and all insureds thereunder. The award shall be treated as a matter involving interstate commerce, and may be filed or confirmed in any court of competent jurisdiction, state or federal, and judgment thereon entered and enforced, in accordance with the law and /

practice of the forum.

ll i

(m) Unless the Board decides otherwise. each party shall pay the expenses of the arbitrator appointed by or for arbitration.

it and one half of the other costs of (n) Xf an arbitrator or umpire is unable or unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place, in accordance with the provisions set forth above.

(o) All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing, party shall send simultaneously a copy thereof to the opposing party.

12 This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under this policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.

I ta certify that Endpzse",,ent h ct '

this is Pc cppy pf the ber

<<i-i" I and bein9 ma s des-p

...ed nez: on. N~IA

~ 1

~ ~ g Quattrocch1)

.

lusurers P d >t.Uude~ mS Aruencan Nuc1ear 10 Effective Date of To form a part of Policy No NF-227 this Endorsement Januar 1 1990 12:01 A.M. Standard Time Issued to Florida Power 5 i ht Date of Issue Februar 16 1990 For the su ribing c panies By PRESlDENT orsement No 85 Countersigned by if'-71 (1/1/90)

~ -p I g ~4 C" k Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION CHANGES IN SUBSCRIBING COHPANIES AND IH THEIR PROPORTIONATE LIABILITYENDORSEHEHT CALENDAR YEAR 1990

1. It is agreed that with respect to bodily in5ury, property damage or environmental 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 below.

b. The policy shall be binding on such companies only.

c. Each such company shall be liable for its proportion of any obligation assumed or expense incurred under the policy because of such bodily ingury, property damage or environmental damage as designated below.

2~ It is agreed that the effective period of this endorsement is from the beginning of the::effective date of this endorsement stated below to the close of December 31E,1993, or to the time of the termination or cancellation of the policy, if sooner'v'-'$

Im Aetna Casualty & Surety Co. 12.917337K AIIianz Insurance Catpany 1.515634X Allstate Insurance Cogpany 5.535510K t

,8$

IP American Home Assurance Co.

Continental Casualty Company 0.692369K 5.341750K g Continental Insurance Company 10.333870X Federal Insurance Company 2.7556%4 General Ins. Co. of America 1.722312K Hanover Insurance Company 0.595059K Hartford Fire Insurance Co. 10.333870K o c p Highlands Insurance Company 0.344462K

0) Home Indemnity Conpany 1.614667K Ins. Co. of North America 7. 750403X Hotors Insurance Corporation 0.430578K Ohio Casualty Insurance Co. 0.172231K Providence Washington Ins. Co. 0.193760X Reliance Insurance Coapany 0.516694K Royal Ins. Co. of, America 3.616855K 66 P; gC St. Paul Fire & Harine Ins. Co.

State Farm Firm & Casualty Co.

5.991922K 0.861156K Tokio Harine & Fire Ins. Co. 0.516694K Transanerica Insurance Co. 0.861156K to p Travelers Indeonity Company 12.856195K U. S. Fire Insurance Conpany 2.325121'.61 U.S. Fidelity &, Guaranty Co. 1558K Universal Underwriters Ins. Co. 0.172231K Zurich Insurance Coapany 1.420907K Total 100.0000IXC NE-90 E fective Sate of this Endorsement Janua 1 1990 To form a part of Policy No.

12:01 A. H. Standard time Issued to Florida Power 8 Li ht Com any te of Issue A ril 1 1990 By President Endorsement No. ~6 Countersigned by

e 1 I

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERNRITER$

NAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)

Effective August 20, 1988, the named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

1. Nith respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which 1 (a) arises out of or results from or occurs in the course of the construction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and unforeseeable intervening causes, whether (iv) involving the conduct of a third person, or an act of God, (2) any issue or de f ense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations from the if suit is instituted within three years date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or 'relating to an element in the cause of action.

2 ~ The waivers set forth in paragraph 1. above do not apply to ME-33b Page 1 of 3

fl I

$

~V I

rt

~h b

(a) bodily injury or property damage vhich is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant vho is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or required to be provided under any workmen' compensation or occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law vhich provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under lav.

3 The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms other than this endorsement; provided, however, that with respect to bodily injury or property damage resulting from an extraordinary nuclear occurrence, Insuring Agreement IV, "Application of Policy", shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy 'period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty (20) years after the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

Such vaivers shall not preclude a defense based upon the failure of the claimant to take reasonable steps to mitigate damages.

ME-33b Page 2 of 3

Q'S ti I

4, Subject to all of the limitations 'stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action because of bodily injury or property damage to which the

'o recover damages policy applies as proof of financial protection.

As used herein:

"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

"Financial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means the person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuclear Energy Liability Policy (Facility Form) as des.

ignat d hereon. No insurance is affor ed hereunder.

John . Quattrv<<ni,'ns American Nuciear Insurcrs hi E d August 20, 1988 To form a part of policy No. NF-88 12r01 A.H. standard time Issued to Florida Power 8 Li ht Company Date o f issue February 16, 1990 For the Subscribing Companies MUTUAL ATOMIC EN1Kl~Y LIABILITYUNDER By orsement No. Countersigned by ME-33b Page 3 of 3

4 ~ ) t 4

,r

\

• Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY Effective August 20, 1988, it is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT ME-33b 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 Nuclear Regulatory 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 Nuclear Regulatory Commission 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.

origina y his is a true copy of the ei avin the endorsernent er i'F Liabiity P oi i a'r num rddhe r e er iiit an u

Fo d

)

nsuranrr is tgn te d h er <on. Ho

'nt.Under ice President.

i uig Joh. t. Quattrocchi, Arneric n Nuclear Insurers Effective Date of.

Endorsement August 20. 1988 To form a part of Policy No. HF-88 12r01 A.H. Standard tine Issued to P wer 5 Li ht Com an Date of issue February 16, 1990 For the Subscribing Companies MUTUAL ATOMIC ENERGY LXhSIIZTY UNDER By Endorsement No. 68 Countersigned by ME-39b

e

'1 I

I ~

'F

~ '~ ~

/.A

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS Restriction of Com anies Obli ation to Defend Xnvesti ate Ne otiate or Settle An Claim or Suit (Section 170 0. of the Atomic Energy Act of 1954, as amended)

Effective August 20, 1988, it is agreed that whenever, pursuant to subsection 170 0. of the Atomic Energy Act. of 1954, as amended, an appropriate U.S. District Court determines that liability from a single nuclear incident may exceed the limit of liability under the applicable limit of liability under subsection 170 e.(1) (A), (B) and (C) of the Atomic Energy Act of 1954, as amended, the companies obligations under Insuring Agreement I, to defend, investigate, negotiate or settle any claim or suit under the policy do not include any obligation that would necessitate or result in the companies incurring legal costs, including costs of initiating, prosecuting, investigating, settling, or defending claims or suits, which are not authorized for payment by a court pursuant to such subsection 170 0 ~

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuc}ear Energy Liability Pol' (Facility Form) as des-

- orded hereunder.

igt >ted hereon. No Insurance is Joe ~ .. Quattrocchi, ice President Un ~ s Amencan Nuclear Insurers Effective Date of s Endorsement August 20> 1988 To form a part of Policy No. MF-88 12r01 A.H. Standard time Issued to Date of issue Febrtjary 16, 1990 For the Subscribing Companies MOTUAL ATOMIC ENERGY LDtBILI?T UNDERWRITERS t

By l~ I dorsement No. 69 Countersigned by ME-70

t J

~ s> ~ ~ ~, ~ <<,4 p ~

0'

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY UABILITY UNDERNRITERS WAIVER OF DEFENSES E DORSEMEN (Extraordinary Nuclear Occurrence)

The named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

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

.

claimant or the fault of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and unforeseeable intervening causes, whether (iv) involving the, conduct of a third 'person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2 ~ The waivers set forth in paragraph l. above do not apply to (a) bodily injury, property damage or environmental damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; NE-33c (1/,1/90) Page 1 of 3

V I

E

't t~

(b) bodily injury sustained by. any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or required to be provided under any workmen' compensation or occupational disease law:

(c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.

3. The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury, property damage or environmental damage to which the policy applies under its terms other than this endorsement: provided, however, that with respect to bodily injury, property damage or environmental damage resulting from an extraordinary nuclear occurrence, the provisions of COVERAGES A and C of the policy providing coverage for bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard and which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the policy period shall not operate to bar coverage for bodily injury, property damage or environmental damage (a) which is caused during the policy period by the nuclear energy hazard and (b),which is discovered and for which written claim is made against the insured not later than twenty (20) years after the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured:

(b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 'of the Atomic Energy Act of 1954, as amended: and (c) the limit of liability provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

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

NE-33c (1/1/90) Page 2 of 3

g +e

'

4l 0

C kg'

4 ~ Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to,recover damages because of bodily injury, property damage or environmental damage to which the policy applies as proof of financial protection.

5. As used herein:

"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

"Financial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means, the person or organization actually sustaining the bodily injury, property damage or environmental damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.-

s <<certify that thfs is a true cooPy o the original Endorsement havin aving tth e endorsement d

of the Nuclear Energy Liabilit pol'. number an " g made part

y o'-y (Facility Form) as des-lg ated her ereon. No Insurance is, or e ereunder tht, Amc .an Nuclear Insurere

-

esoen ~

i . 'i Effective Date of this Endorsement January 1, 1990 To form a part of Policy No. NF-88 12801 A.H. Standard time Issued to lorida Power -Ii Li ht Com an February 16, 1990 Por the Subscribing Companies MUTU!LL ATOHIC ENERGY LXhBIIZTY UNDERWRITERS t

By '

dorsement No. 70 Countersigned by ME-33c (1/1/90) Page 3 of 3

~ )

<<4 '

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed 2(b) of the that in construing the application of paragraph WAIVER OF DEFENSES ENDORSEMENT NE-33c with resPect to an extraordinary nuclear occurrence occurring, at'he 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 Nuclear Regulatory 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 Nuclear Regulatory Commission 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.

a This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuclear Energy Liability Policy '-acility Form} as des-ignate f hereon. No ln urance is affo ed hereunder.

John L. t. uattrocchi, Vice resident. Unde i American Nuclear Insurers Effective Date of this Endorsement January 1, 1990 To Eorm a part of policy No. thp-88 12:01 A.tt. Standard time Issued to F1orida Power 8 Li ht Com an pate of issue February 16, 1990 For the Subscribing Companies j OTUAL ATOMXC EKQKT LIABILITTUllDHR By ndorsement No. Countersigned by I<E-39c (1/1/90)

l, p?

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABIIITY UNDERWRITERS AMENDATORY ENDORSEMENT (Facility Form)

It is agreed that:

INSURING AGREEMENT I is replaced by the following:

I COVERAGE A - LIABILITY To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage, or as covered environmental cleanup costs because of env'ironmental damage. This Coverage applies only to bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period.

The companies shall have the right and duty to defend any claim or suit against the insured alleging such injury or damage, and seeking damages or costs which are payable under the terms of this policy: but the companies may make such investigation, negotiation and settlement of the claim or suit as they deem expedient.

The companies'uty to defend shall be limited, as described in INSURING AGREEMENT XV, if the claim or suit also seeks any of the following, which in no event shall be construed as covered by this policy:

damages for on-site property damage; recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs; (3) performance of an insured's environmental protection obligations or on-site cleanup obligations: or (4) any other relief or recovery except payment of covered damages or covered environmental cleanup costs.

The companies'uty to defend claims or suits ends when the limit of their liability has been exhausted pursuant to CONDITION 3.

Subject to INSURING AGREEMENT IV, the companies shall pay, with respect to any claim or suit they defend, the costs incurred in the defense, including costs taxed against the insured in any such suit and interest on any judgment therein; premiums on appeal bonds and bonds to release attachments in any such suit, but without obligation to apply for or furnish such bonds:

4 ~

g 4i

'I

(3) reasonable expenses, other than loss of earnings, incurred by the insured at the companies'equest.

COVERAGE B - DAMAGE TO PROPERTY OF AN INSURED AWAY FROM THE FACILITY With, respect to property damage caused during the policy period by the nuclear energy hazard to the property of an insured which is away from the facility, to pay to such insured those sums which such insured would have been legally obligated to pay as covered damages therefor, had such property belonged to another.

COVERAGE C SUBROGATION - OFFSITE EMPLOYEES With respect to bodily injury caused during the policy period by the nuclear energy hazard to any employee of an insured, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period, to pay to the workmen's compensation carrier of such insured as follows:

All sums which such carrier would have been entitled to recover and retain as 'damages from another person or organization, had such person or organization alone been legally responsible for such bodily injury, by reason of the rights acquired by subrogation by the payment of the benefits required of such carrier under the applicable workmen's compensation or occupational disease law. An employer who is a duly qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this Coverage.

This Coverage does not apply to bodily injury to any person who is employed at and in connection with the facility; nor shall it constitute workmen's compensation insurance as required under the laws of any state.

INSURING AGREEMENT II is replaced by the following:

II DEFINITION OF INSURED The unqualified word "insured" includes (a) the named insured and (b) any other person or organization with respect: to his legal responsibility for covered damages or covered environmental cleanup costs because of bodily injury, property damage or environmental damage caused by the nuclear energy hazard.

Subdivision (b) above does not include as an insured the United States of America or any of its agencies, except the Tennessee Valley Authority.

Subject to .CONDITION 3 and the other provisions of this policy, the insurance applies separately to each insured

, against whom claim is made or suit is brought.

(

C

'

INSURING AGREEMENT XII is replaced by the following.

III DEFINITIONS Wherever used in this policy policy.

"bodily in)ury" means bodily incur , sickne including death resu t resultinng therefrom, , sustained by any "covered damages" means damages because of bodil or property damage to which this olic a covered damages do not include e "covered environmental cleanup costs" means onl environmental cleanup costs which are es ng or, cleanin u neu containing environmental d include on-site cleanup costs.

"disposal site" means any structure, basin exc premises or place prepar d disposal of waste materials of a eneral n 1 b d for th e disposal 'f containing small amounts oof nuc 1 ear material.

waste "environment" includes land, thee atmosphere, atmo and all watercourses o es of water and natural res bodi whether on above or below f of the ground.

ow th e surface "environmental cleanup costs" include all t, oof any governmental decree, order or directi ve (o( th er than an award of co g requ r ng or requestin a organization to undertake or p a y foo onitoring, testing

.f th...i.....'.t .h.th.'. th.

e surface of the ground.

amination is on abov am na ion of the environ-

"environmental damage" means contamination ment by nuclear material.

"environmental p rotecti on obligations" include all obligaatioons of any person or organization (1) relating to the protection on of o the environment from contamination am na on or imminent danger of contamination, (2) imposed b y an y governmental laws, regulations or "extraordinary nuclear occurren gulatory Commission has o e an extraordinary nuclear occurrence as

}E defined in the Atomic Energy Act of 1954, or in any law amendatory thereof.

"governmental" refers to federal, state and local governments and authorities, including courts, agencies and political subdivisions thereof.

"indemnified nuclear facility" means "the faci.lity" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Undervriters, or any other nuclear facility, if financial protection is required pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof.

with respect to any activities or operations conducted thereat.

"insured shipment" means a shipment of source material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, herein called "material,"

to the facility from any location except an indemnified nuclear facility, but only if the transportation of the material is not by predeter-mination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its transpor-tation, or from the facility to any other location, but only until the material is removed from a transporting conveyance for any purpose other than the continuation of its transportation.

"nuclear energy hazard" means the radioactive, toxic, explosive or other hazardous properties of nuclear material, but only if the nuclear material is at the facility or has been discharged or dispersed therefrom vithout intent to relinquish possession or custody thereof to any other person or organization, or the nuclear material is in an insured shipment which is avay from any other nuclear facility and i.s in the course of transportation, including handling and temporary storage incidental thereto, within (a} the territorial limits of the United States of, America, its territories or possessions, or Puerto Rico; or (b) international waters or airspace, provided that the nuclear material is in the course of transportation between two points located vithin

the territorial limits described in (a) above and there is no deviation in the course of the transportation for the purpose of going to any other country, state or nation, except for the purpose of going to or returning from a port or place of refuge as the result of an emergency.

"nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Nutual Atomic Energy Liability Underwriters. The term "nuclear facility" also means (1) any nuclear reactor, (2) any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b) processing or utilizing spent fuel, or (c) handling, processing or packaging waste, (3) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (4) any structure. basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.

"nuclear material" means source material, special nuclear material or byproduct material.

"nuclear reactor" means any apparatus designed or used to sustain nuclear fission or a self-sustaining chain reaction or to contain a critical mass of fissionable material.

"on-site cleanup costs" include all loss, cost or expense arising out of on-site cleanup obligations.

"on-site cleanup obligations" include all obligations of any person or organization, imposed by common law or otherwise, to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination by nuclear material at the facility, whether the material is on, above or below the surface of the ground.

"on-site property damage" includes all property damage to any property at the facility, whether the property is on, above or below the surface of the ground, other than aircraft, watercraft or vehicles licensed for highway use,

I "l

Wgi 1

provided such aircraft, watercxaft xa or vehicles vehic axe not used in connection with th e operation of the facility.

"property damage" means physical injur to or or radioactive contamin ti of property so injured; destroyed or conta f

1 f of o t. hil td imminent dangex'f contamination.

"source material.>> >>s p ecial nuclear material." and ma er al>> have the meanin s iv At i E thereof.

A t 954, or in any law amendatory oof 1954,

>>spent fuel" means any fuel element or solid or liquid, which has been "the facility" means the facility described in the declarations and inc 1 u d es the location desi gnated n in Item 3 of the declarations and aall property an r and operations at such location.

"transportation incident" means a discha of n 1 r t i1 f id t th t b k p and the collision, upset or accident ta ke place awayy from anny nuclear facility and away from any dissposal site, and both occur of the transportation, includin han id nt 1 th "waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by an erso INSURXNG AGREEMENT IV is replaced b the INSURING AGREEMENT XV-A dd Coverage Endorsement for or Workers Worker Claims (Facility Form)"

IU LXMITED DEFENSE OF PARTIALLY COVERE COVERED CLAIMS OR SUXTS The following provisions wit ti 11 o d c a

'duty to defend has been li it d by 1 m m

a e

1 or suit for which thee b INSURING AGREEMENT companies'1)

I:

The companies will defend the claim or the companies and the first rst named na insured mutually erent defense arrangement. By making

qH

>f

/

i

such a defense, the companies shall not be considered as having waived their rights'nder this policy to deny payment or reimbursement of the items not covered.

(2) As soon as practicable, the first named insured, acting on behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for handling the defense and sharing the costs thereof.

(3) The companies'hare of defense costs shall not exceed the portion of the total defense costs that represents the costs which would be reasonably and necessarily incurred in the defense of the claim or suit in the absence of any claim or demand for the items not covered.

(4} The companies shall have a right to contribution from the first named insured for all defense costs as they are incurred in excess of the amount of the companies'hare, including reimbursement by the first named insured of all such excess costs paid by the companies.

(5) If the companies and the first named insured cannot agree on the companies'hare of defense costs, the dispute shall be submitted, as a condition precedent to any right of recovery on this policy, to arbitra-tion for a final and binding resolution, as provided in Condition 19.

5. In EXCLUSIONS (d) and (e}, and in all endorsements to this policy relating thereto, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

6. EXCLUSION (f) is replaced by the following exclusion:

[This policy does not apply:]

(f) to on-site property damage:

7 ~ In CONDITION 3, and in all endorsements to this policy modifying the dollar amount of the limit of liability stated in Item 4 of the declarations, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

8 ~ In CONDITION 4, and in all endorsements to this policy modifying .the dollar amount of the total aggregate liability of the companies with respect to a common occurrence:

(a) the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage": and (b) the words "bodily injury and property damage" are replaced by "bodily injury, property damage. and environmental damage."

l~l I

l

9. In CONDITIONS 5, 11, 15 and 18, and in all endorsements to this policy relating thereto, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

10. CONDITION 19, DECLARATIONS, and CONDITION 20, MUTUAL POLICY CONDITION, are renumbered CONDITIONS 20 and 21.

11. The following CONDITION is added to the policy:

19 ARBITRATION OF DISPUTES RELATING TO THE APPLICATION OF INSURING AGREEMENT IV All such disputes subject to paragraph (5) of INSURING AGREEMENT IV shall be submitted to a Board of Arbitration (the "Board" ) for a final and binding resolution of the dispute.

There shall be two parties to the arbitration: the first named insured, acting on behalf of all insureds as their duly authorized representative, and Nuclear Energy Liability Insurance Association, acting on behalf of the companies as their duly authorized representative.

Except to the extent the parties mutually agree

, otherwise, the following principles will apply:

(a) The arbitration will take place in New York, New York, and will be governed by the laws of the State of New York.

(b) Either party may begin the process of arbitration by giving notice to the other party in writing of its intention to do so and the name of the arbitrator that it has appointed.

(c) The other party shall then appoint in writing an arbitrator, and the arbitrators shall appoint in writing an umpire before they begin the arbitration.

The umpire shall act as chairman of the Board.

(d) If a party fails to name its arbitrator within thirty (30) days of the other party's written request that it do so, the requesting party may appoint an arbitrator for 'the party in default.

(e) If the two arbitrators fail to agree on the selection of an umpire within thirty (30) days after they have both been appointed, each of them shall name two, of whom the other shall decline one. The choice shall be made by drawing lots.

The arbitrators and umpire shall be executive officers or former executive officers of insurance companies licensed to do business in the United States or of organizations designated as the first named insured under a Nuclear Energy Liability Policy issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters: provided that the current employees of the following shall not be eligible for service

K q

II

without the consent of both parties:

(1) any party or likely party to the underlying claim or suit; (2) American Nuclear Insurers, MAERP Reinsurance Association or their members; or (3) any other insurer or reinsurer which has casualty insuxance or reinsurance in force on any of the foregoing which may be materially affected by the Board's decision.

Within thirty (30) days after the appointment of the umpire, each party shall submit its case in writing to the Board.

The Board shall determine its rules of procedure, and the nature and extent of any discovery, testimony, examination or cross-examination of witnesses and oral argument permitted. The decision of any two members of the Board shall be final and binding on all parties. All discovery, submissions of evidence, hearing of witnesses and argument shall be completed within sixty (60) days of the appointment of the umpire, provided the Board may grant one extension of thirty (30) days.

The arbitrators and the umpire are not to be bound by any strict rules of legal procedure, evidence or legal precedents. They shall, however, be governed by the terms of this policy, and shall. have no power to add to or change its provisions. Subject to this admonition, they shall interpret the relevant provisions of this policy as an honorable business agreement, and shall be entitled to decide, in accordance with such provisions together with the other materials submitted to them, what they think is the fair and right thing to be done between the parties from a business point of view, without favoring the interest of either party.

The Board shall make its award in writing within thirty (30) days after the close of the pexiod, including any extension granted, described in paragraph (h) above.

If the Board fails to make an award within the time prescribed by paragraph (j) above, then unless an extension is agreed to by the parties, a new arbitration shall be commenced and completed in accordance with the procedure set out in paragraphs (a) through (j) above.

The award of the Board signed by any two members shall be final, not subject to appeal and binding on all parties, including all insurers subscribing the policy and all insureds thereunder. The award shall be treated as a matter involving, interstate commerce;.

and may be filed or confirmed in any court of jurisdiction, state or federal, and 'ompetent judgment thereon entered and enforced, in accordance with the law and practice of the forum.

+I) kt cl

(m) Unless the Board decides otherwise, each party shall pay the expenses of the arbitrator appointed by or for it arbitration.

and one half of the other costs of (n) If an arbitrator or umpire is unable or unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place, in accordance with the provisions set forth above.

(o) All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing party shall send simultaneously a copy thereof to the opposing, party.

12. This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under this'olicy, and which are first made in writing against any insured on or after the effective date

'of this endorsement stated below.

origina This is to certify that this is a true copy of the 1

the endorsement number and being made part Endorsernent having Form) as des-of the Nuclear Energy Liability Polit (Facility sur;ded hereunder.

i~

igna ~d hereon. No I John 'uattrocchi, Vice President Underwriting American Nuclear Insurers ~ ~

10 Effective Date of this Endorsement Jartuar 1, 1990 To Eorm a part of Policy No. MF-88 Issued to Ottl n Date of Issue Februar 16 1990 For the Subscribing Companies MUTUAL ATONIC EHERGY LIABILITYUND WRITERS By sement No. 72 Countersigned by Authorized Representative HE-71 (1/1/90)

,l y A-9,

'4 0

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS CHANGES IN SUBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITYENDORSEMENT CALENDAR YEAR 1990

l. It is agreed that with respect to bodily in)ury, property damage or environmental 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 below.

b. The policy shall be binding on such companies only.

c. Each such company shall be liable for its proportion, as designated below, of any obligation assumed or expense incurred under the policy because of such bodily in)ury, property damage or environmental damage.

K Z0 It is agreed that the effective period of this endorsement is from the beginning 7$ ol of the effective date of this endorsement stated below to the effective date that another "Changes In Subscribing Companies And In Their Proportionate Liability Endorsement" changes the Companies and/or their proportions as listed in this Q c o 0 e SM.H endorsement, or to the time of the termination or cancellation of the policy, sooner.

if

~ tQ Arkuright Mutual Insurance Conpany 21K Employers Insurance of Mausau, A Hutual Coapany 21K Q

.8Q Liberty Mutual Insurance Cocpany Mutual Casualty Cocpany 3(Ol 2'urhermens 0) p gQ n0 0 EI NOTICE OF AIORIAL IEETINGS c~ g The arcual meetings of Arkuright Insurance Mutual Coapany are held The annual meetings of Ettpioyers Insurance of Wausau A Hutual at its home office in Waithaa, Cocpany, are held at its home Rr Hassachusetts, on the second Mednesday office in Mausau, Wisconsin, on co o> 0 of Harch in each year, at ten-thirty the fourth Friday of Hay in each o'lock in the morning. year, at nine o'lock in the morning.

The arcual meetings of Liberty Mutual The annual meetings of Lunbermens

'o V r

<g Insurance Company are held at its home Hutual Casualty Coapany are held o 9 ,office in Boston, Hassachusetts, on at its home office in Long Grove Q7 N the third Wednesday of April in each Illinois, on the third Tuesday of 0 year, at ten o'lock in the morning. Hay in each year, at eleven o'lock 0 in the morning.

Effective Date of this Endorsement Janua 1 12:01 A.H. Standard 1990 time To form a part of Policy No. ~~

I Issued to F1orida Power 8 Li ht Com an Date of issue A ril 1 1990 For the Subscribing Companies MUTUAL ATOMIC GY LIABILITYUNDERWRIT S By Endorsement No. 73 Countersigned by

'I P'f/

.

V

NucIear Energy LiabilIty Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)

Effective August 20, 1988, the named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the construction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and intervening causes, whether (iv) unforeseeable involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations'f suit, is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2 ~ The waivers set forth in paragraph l. above do not apply to ME-33b Page,1 of 3

~ 1

\

l

'p

(a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained

. by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or required to be provided under any workmen' compensation or occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.

3 ~ The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms other than this endorsement; provided, however, that with respect to bodily injury or property damage resulting from an extraordinary nuclear occurrence, Insuring Agreement IV, "Application of Policy", shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the 'olicy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty (20) years after the date of the extraordinary nuclear occurrence.

Such waivers shall* not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

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

ME-33b Page 2 of 3

U C 'I CJ

4 ~ Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury or property damage to which the policy applies as proof of financial protection.

5 ~ As used herein:

"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

"Financial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means the person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

of the oncit a tthisis is a trtte copy This ts to certify that the

'Ftddh endorsetnent ntttn e Liability P o .y ili Fo igt ted~ht reon.

Vice President. n Joh i. Quattrocchi, insurers american Nuctear Augus this Endorsement To form a part of Policy No. HF-88 12t01 A.N. Standard tine Issued to Florida Power 8 Li ht Company

'Date of issue February 16, 1990 For the Subscribing Companies MDTGAL ATOMIC HNKtGY LIhBILITT UNDER

~ s By orsement No. Countersigned by ME-33b Page 3 of 3

L I ~ V 1

ic h l I

IM

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY Effective August 20, 1988, it is agreed that in construing the application of paragraph 2(b) of the WAIVER ENDORSEMENT ME-33b with respect

'F to an extraordinary nuclear DEFENSES 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 Nuclear Regulatory 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 Nuclear Regulatory Commission 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.

t is a true copy of the origina 1 This is to certify tha t this num b er i g made part an d being eing Endorsement ha vin i g the endorse ent

'icy f the Nuclear Energy Liability 'rded hereunder.

( acii y o

~nat~reon President Undexwriting J n L. Quattrocchi, Vice American Nuclear Insurers ~ ~ ~~ s ~~

Effective Date of Endorsement 'ugust 20, 1988 To form a part of Policy No. MF-88 12rot A.tt. Standard time Issued to P wer 8 Li ht Com an Date of issue February 16, 1990 For the Subscribing Companies MUTUAL ATOMIC E%GU>T LIABILITfUNDER By

~

Endorsement No. 68 Countersigned by HE-39b

e I ~

)

'

t L

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS Restriction of Com anies Obli ation to Defend Investi ate Ne otiate or Settle An Claim or Suit (Section 170 0. of the Atomic Energy Act of 1954, as amended)

Effective August 20, 1988, it is agreed that whenever, pursuant to subsection 170 0. of the Atomic Energy Act of 1954, as amended, an appropriate U.S. District Court determines that liability from a single nuclear incident may exceed the limit of liability under the applicable limit of liability under subsection 170 e.(1) (A), (B) and (C) of the Atomic Energy Act of 1954, as amended, the companies obligations under Insuring Agreement I, to defend, investigate, negotiate or settle any claim or suit under the policy do not include any obligation that would necessitate or result in the companies incurring legal costs, including costs of initiating, prosecuting, investigating, settling, or defending claims or suits, which are not authorized for payment by a court pursuant to such subsection 170 0 ~

e This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part o the Nuclear Energy Liability Po .'y (Facility Form) as des-ig.'ated hereon. N Ins t e is i 'orded hereunder.

Jo '.. Quattrocchi, Vice President.Ur u American Nuclear Insurers Effective Date of August 20, 1988 s Bndorsement To form a part of Policy No. NF-88 12t01 A.H. Standard time Issued to D t fi ue February 1 6, 1 990 For the Subscribing Companies HUTlDLL ATOMIC-HN1KlrY LDtBILITTUNDERWRITERS By <<~ I dorsement No. 69 Countersigned by MH-70

L t

r

Nuclear Energy Llablllty Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS WAIVE OF DEFENSES E DORSEMEN (Extraordinary Nuclear Occurrence)

The named insured. acting, for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

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

.

claimant or the fault of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening causes, whether involving the conduct of a third person. or an act of God, (2) any issue or defense as to charitable or governmental immunity,'nd (3) 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 bodily injury or property damage and the cause thereof.

The waiver of any such issue or defense'shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2 ~ The waivers set forth in paragraph 1. above do not app

~ ap 1 y to (a) bodily injury, property damage or environmental damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; ME-33c (1/1/90) Page 1 of 3

l

~t l

lip

(b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or required to be provided under any workmen' compensation or occupational disease law:

(c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.

3 ~ The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury, property damage or environmental damage to which the policy applies under its terms other than this endorsement: provided, however, that with respect to bodily injury, property damage or environmental damage resulting from an extraordinary nuclear occurrence, the provisions of COVERAGES A and C of the policy providing coverage .for bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard and which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the policy period shall not operate to bar coverage for bodily injury, property damage or environmental damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty (20) years after the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured:

(b) the agreement of indemnif ication between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954. as amended: and (c) the limit of liability provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

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

NE-33c (1/1/90) Page 2 of 3

'I p

'f.

Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph l. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury, property damage or environmental damage to which the policy applies as proof of financial protection.

5. As used herein:

"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined extraordinary nuclear occurrence as defined in theto Atomic be an Energy Act of 1954, as amended.

"Financial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means the person or sustaining, the bodily injury, organization property actually environmental damage and also includes his assignees,or damage legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

is a true copy of the oriBInal rt' "'is er a db

'i IS I endorsement num b in the Liability' o icy hereon. .rIOI No ra reidh d ignatov

~~ 4 ice President.Undeounting Vice o n L.. < 'uattrocc, John American Nuclear Insurers Effective Date of this Endorsement January 1, 1990 To form a part of Policy No. tlF-88 12rOI A.H. Standard time Issued to orida Power 8 Li ht Com any Date of issue February 16, 1990 For the Subscribing Companies MUTISM. ATOMIC ENIKl~Y LIABILITYUNDERWRITERS By dorsement No. 70 Countersigned by ME-33c (1/1/90) Page 3 of 3

I I-I'

Nuclear Energy Liability insurance MUTUAL ATOMlc ENERGY LIABILlTYUNOERNRlTERS SUPPLEMENTARY ENDORSEMENT WAIVER OF. DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing, the application of paragraph ENDORSEMENT NE-33c with respect 2(b) of the WAIVER OF DEFENSES 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 Nuclear Regulatory 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 Nuclear Regulatory Commission 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.

copy of the original certiiy that this is a true num part avin the endorsemen d t mber and being made iiht Fo ) d P 1'icy ascii Liability Po of the Nuclear Energy affo,ed hereunder.

Insurance is ignat d hereon. No n nn c John . ntt>%, Jic Ameri '. Nuclear insurers Effective Date of No. NF-88 this Endorsement To form a part of Policy 12801 A.H. Standard time Issued to Florida Power & Li ht Com an Date of issue February 16, 1990 For the Subscribing Companies NPGHLL ATOMIC ENERGY LDtBILITYUNDER By o~ a dorsement No. 71 Countersigned by ME-39c (1/1/90)

y I C II+ II N

u

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS AMENDATORY ENDORSEMENT (Facility Form)

Zt is agreed that:

INSURING AGREEMENT I is replaced by the following:

I COVERAGE A LIABILITY To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage, or as covered environmental cleanup costs because of environmental damage. This Coverage applies only to bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period.

The companies shall have the right and duty to defend any claim or suit against the insured alleging such injury or damage, and seeking damages or costs which are payable under the terms of this policy: but the companies may make such investigation, negotiation and settlement of the claim or suit as they deem expedient.

The companies'uty to defend shall be limited, as described in INSURING AGREEMENT IV, if the claim or suit also seeks any of the following, which in, no event shall be construed as covered by this policy:

damages for on-site property damage:

recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs:

(3) performance of an insured's environmental protection obligations or on-site cleanup obligations: or (4) any other relief or recovery except payment of covered damages or covered environmental cleanup costs.

The companies'uty to defend claims or suits ends when the limit of their liability has been exh'austed pursuant to CONDITION 3.

-Subject to INSURING AGREEMENT IV, the companies shall pay, with respect to any claim or suit they defend, the costs.

incurred in the defense, including costs taxed against the insured in any such suit and interest on any judgment therein; premiums on appeal bonds and bonds to release attachments in any such suit, but without obligation to apply for or furnish such bonds:

7r r

'1,

(3) reasonable expenses, other than loss of earnings, incurred by the insured at the companies'equest.

COVERAGE B - DAMAGE TO PROPERTY OF AN INSURED AWAY FROM THE FACILITY With respect to property damage caused during the policy period by the nuclear energy hazard to the property of an insured which is away from the facility, to pay to such insured those sums which such insured would have been legally obligated to pay as covered damages therefor, had such property belonged to another.

COVERAGE C - SUBROGATION - OFFSITE EMPLOYEES With respect to bodily injury caused during the policy period by the nuclear energy hazard to any employee of an insured, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period, to pay to the workmen's compensation carrier of such insured as follows:

All sums which such carrier would have been entitled to recover and retain as 'damages from another person or organization, had such person or organization alone been legally responsible for such bodily injury, by reason of the rights acquired by subrogation by the payment of the benefits required of such carrier under the applicable workmen ' compensation or occupational disease law. An employer who is a duly qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this Coverage.

This Coverage does not apply to bodily injury to any person who is employed at and in connection with the facility: nor shall it constitute workmen's compensation insurance as required under the laws of any state.

INSURING AGREEMENT IZ is replaced by the following:

II DEFINITION OF INSURED The unqualified word "insured" includes (a) the named insured and (b) any other person or organization with respect to his "legal responsibility for covered damages or covered environmental cleanup costs because of bodily injury, property damage or environmental damage caused by the nuclear energy hazard.

Subdivision (b) above does not include as an insured the United States of America or any of its agencies, except the Tennessee Valley Authority.

Subject. to CONDITION 3 and the other provisions of this policy, the insurance applies separately to each insured against whom claim is made or suit is brought.

h 9,r A)

INSURING AGREEMENT III is replaced by the following.

III DEFINITIONS Wherever used in this polic policy ~

"bodily injury" means bodily injur sic 1 di person.

d th resresu lti ng th therefrom, sustained by any "covered damages" means damages because of bodil or property damage to which this olic a covered damages do not o include nc u e environmental env cleanup costs "covered environmental cleanup costs" means onl t environmental cleanup costs which are in rr irectly es ng or, cleanin u neu containing environmentnmen a 1 'amage d as the result of an extraordinary nuclear ear occurrence o or a trans ortatio ncident; but covered environmental cleanu 'osts include on-site cleanup costs.

"disposal site" means any structure, basin, excav lob d for th e disposal of waste containing small amountss oof nuclear 1 material.

"environment" includes land, the atmo o es of water and natural bodi a resources, whether on, above or belowe ow th e surface of the ground.

"environmental cleanup costs" include all i t f any governmental o er han an award o decree, order or of covered damages in an action at laaw)) requiring or re uestin g a person or organization to undert r a R e or pay for monitor orang, testing of the environment, whether li for, cleaning up neut ra z ing, or containin g co ntamination e er the he ccontamination is on, above or below th e surface of the ground.

"environmental damage" means contamination am na on of the environ-ment by nuclear material.

"environmental P rotecti on obligations" include all obligaation ons of any person or organization (1) relating to the protection on oof t the environment from contaminationon or imminent danger of contamination, and (2) imposed b y an y governmental laws, regulations or "extraordinary nuclear occurrence" means an event which gulatory Commission has o e an extraordinary nuclear occurrence as

ly 4t

defined in'the Atomic Energy Act of 1954, or in any law amendatory thereof.

"governmental" refers to federal, state and local governments and authorities, including courts. agencies and political subdivisions thereof.

"indemnified nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters, or (2) any other nuclear facility, if financial protection is required pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, with respect to any activities or operations conducted thereat.

"insured shipment" means a shipment of source material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, herein called "material,"

(1) to the facility from any location except an indemnified nuclear facility, but only if transportation of the material is not by predeter-the mination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its transpor-tation, or (2) from the facility to any other location, but. only until the material is removed from a transporting conveyance for any purpose other than the continuation of its transportation.

"nuclear energy hazard" means the radioactive, toxic, explosive or other hazardous properties of nuclear material, but only if the nuclear material is at the facility or has been discharged or dispersed therefrom without intent to relinquish possession or custody thereof to any other person or organization, or (2) the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a) the territorial limits. of the United States of America, its territories or possessions, or Puerto Rico: or (b) international waters or airspace, provided that the nuclear material is in the course of transportation between two points located within

t.

the territorial limits described in (a) above and there is no deviation in the course of the transportation for the purpose of going to any other country, state or nation, except for the purpose of going to or returning from a port or place of refuge as the result of an emergency.

"nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters. The term "nuclear facility" also means (1) any nuclear reactor, (2) any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b) processing or utilizing spent fuel, or (c) handling, processing or packaging waste, (3) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of'r contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (4) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.

"nuclear material" means source material, special nuclear material or byproduct material.

"nuclear reactor" means any apparatus designed or used to sustain nuclear fission or a self-sustaining chain reaction or to contain a critical mass of fissionable material.

"on-site cleanup costs" include all loss, cost or expense arising out of on-site cleanup obligations.

"on-site cleanup obligations" include all obligations of any person or organization, imposed by common law or to undertake or pay for monitoring testing fotherwise, or, cleaning up, neutralizing or containing contamination by nuclear material at the facility, whether the material is on, above or below the surface of the ground.

"on-site property damage" includes all property damage to any property at the facility, whether the property is on, above or below the surface of the ground, other than aircraft, watercraft or vehicles licensed for highway use,

\f provided such aircraft, watercraft, a or vehicles veh are not used in connection vith thee operation of the facility.

"property damage" means physical in"ur n"ury to or destruction ti or radioactive contami na on of propert of property so injure d , d es troyed or conta an loss of use of property while evacuated o y so contaminated or b ecause of imminent danger of contamination.

"source material,'>>'speciala nuclear n material, and ma er al" have the meanin s At i thereof.

E Ac t oof 19S4, or in any law amendatory "spent fuel" means any fuel element or fuel component, solid or li quuid , which has been used or exposed radiation in any nuclear reactor.

ex to "the facility" means the facility des escribed in the declarations and incl th location desi gnated in Xtem nc u d es the 3 of the declarationss an and all a ro property and operations at such location.

"transportation incident" means a dischar e o po ing conveyance or an ruptures the shipping contai'ners or containment bo th th di h di t

or accident take place avay from a fo di o 1 it, of the transportation, includin han storage incidental thereto.

"waste" means any waste material (1) containing, byproduct material and (2) resulting from the operation by an erso organization of any nuclear facility included v y under paragraph INSURING AGREEMENT XV is re laced b XNSURXNG AGREEMENT Amendment of or Workers Claims (Facility Form)"

r IU LIMITED DEFENSE OF PARTIALLY COVERECOVERED CLAIMS OR SUITS The following provisions a 1 vit artially ov ed c 1 a im or suit for which t "duty to defend has been en lim itted by INSURXNG AGREEMENT I:

(1) The companies the co pani s and villthdefend fi the t claim or insured mutually erent defense arrangement. By making,

, tg 1~

r p ~

1

such a defense, the companies shall not be considered as having waived their rights under this policy to deny payment or reimbursement of the items not covered.

(2) As soon as practicable, the first named insured, acting on'behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for handling the defense and sharing the costs thereof.

(3) The companies'hare of defense costs shall not exceed the portion of the total defense costs that represents the costs which would be reasonably and necessarily incurred in the defense of the claim or suit in the absence of any claim or demand for the items not covered.

(4) The companies shall have a right to contribution from the first named insured for all defense, costs as they are incurred in excess of the amount. of the companies'hare, including reimbursement by the first named insured of all such excess costs paid by the companies.

(5) If the companies and the first named insured cannot agree on the companies'hare of defense costs, the dispute shall be submitted, as a condition precedent to any right of recovery on this policy, to arbitra-tion for a final and binding resolution, as provided in Condition 19.

5. In EXCLUSIONS (d) and (e), and in all endorsements to this policy relating thereto, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or e'nvironmental damage."

6. EXCLUSION (f) is replaced by the following exclusion:

[This policy does not apply:]

(f) to on-site property damage:

7. In CONDITION 3, and in all endorsements to this policy modifying the dollar amount of the limit of liability stated in Item 4 of the declarations, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

8. In CONDITION 4, and in all endorsements to this policy modifying the dollar amount of the total aggregate liability of the companies with respect to a common

.

occurrence:

(a) the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage"; and (b) the words "bodily injury and property damage" are replaced by "bodily injury, property damage and environmental damage."

hj f)

I

9. In CONDITZONS 5, 11, 15 and 18, and in all endorsements to this policy relating, thereto, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

10. CONDITION 19, DECLARATIONS, and CONDITION 20, MUTUAL.

POLICY CONDITION, are renumbered CONDITIONS 20 and 21.

11. The following CONDITION is added to the policy:

19 ARBITRATION OF DISPUTES RELATING TO THE APPLICATION OF INSURING AGREEMENT ZV All such disputes subject. to paragraph (5) of INSURING AGREEMENT IV shall be submitted to a Board of Arbitration (the "Board" ) for a final and binding resolution of the dispute.

There shall be two parties to the arbitration: the first named insured, acting on behalf of all insureds as their duly authorized representative, and Nuclear Energy Liability Insurance Association, acting on behalf of the companies as their duly authorized representative.

Except to the extent the parties mutual1y agree otherwise, the following principles will apply:

(a) The arbitration will take place in New York, New York, and will be governed by the laws of the State of New York.

(b) Either party may begin the process of arbitration by giving notice to the other party in writing of its intention to do so and the name of the arbitrator that it has appointed.

(c) The other party shall then appoint in writing an arbitrator, and the arbitrators shall appoint in writing an umpire before they begin the arbitration.

The umpire shall act as chairman of the Board.

(d) If a party fails to name its arbitrator within thirty (30) days of the other party's written request that it do so, the requesting party may appoint an arbitrator for the party in default.

(e) If the two arbitrators fail to agree on the selection of an umpire within thirty (30) days after they have both been appointed, each of them shall name two, of whom the other shall decline one. The choice shall be made by drawing lots.

(f) The arbitrators and umpire shall be executive officers or former executive officers of insurance companies licensed to do business in the United States or of organizations designated as the first named insured under a Nuclear Energy Liability Policy issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters; provided that the current employees of the following shall not be eligible for service

4' without the consent of both parties:

(1) any party or likely party to the underlying claim or suit:

(2) American Nuclear Insurers, NAERP Reinsurance Association or their members; or (3) any other insurer or reinsurer which has casualty insurance or reinsurance in force on any of the foregoing which may be materially affected by the Board's decision.

(g) Within thirty (30) days after the appointment of the umpire, each party shall submit its case in writing, to the Board.

(h) The Board shall determine its rules of procedure, and

. the nature and extent of any discovery, testimony, examination or cross-examination of witnesses and oral argument permitted. The decision of any two members of the Board shall be final and binding on all parties. All discovery, submissions of evidence, hearing of witnesses and argument 'shall be completed within sixty (60) days of the appointment of the umpire, provided the Board may grant one extension of thirty (30) days.

(i) The arbitrators and the umpire are not to be bound by any strict rules of legal procedure, evidence or legal precedents. They shall, however, be governed by the terms of this policy, and shall have no power to add to or change its provisions. Subject to this admonition, they shall interpret the relevant provisions of this policy as an honorable business agreement, and shall be entitled to decide, in accordance with such provisions together with the other materials submitted to them, what they think is the fair and right thing to be done between the parties from a business point of view, without favoring the interest of either party.

(j) The Board shall make its award in writing, within thirty (30) days after the close of the period, including any extension granted, described in paragraph (h) above.

(k) If the Board fails to make an award within the time prescribed by paragraph (j) above, then unless an extension is agreed to by the parties, a new arbitration shall be commenced and completed in accordance with the procedure set out in paragraphs (a) through (j) above.

(1) The award of the Board signed by any two members shall be final, not subject to appeal and binding, on all parties, including all insurers subscribing, the

. policy and all insureds thereunder. The award shall be treated as a matter involving, interstate commerce, and may be filed or confirmed 'n any court of competent juri'sdiction, state or federal, and judgment thereon entered and enforced, in accordance with the law and practice of the forum.

gW II

(m) Unless the Board decides otherwise, each party shall pay the expenses of the arbitrator appointed by or for it arbitration.

and one half of the other costs of (n) Xf an arbitrator or umpire is unable or unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place, in accordance with the provisions set forth above.

(o) All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing party shall send simultaneously a copy thereof to the opposing party.

12. This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under this policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of t e Nuclear Energy Liability Poli, (Facility Form) as des-ignat .d hereon. No I ur ' d hereunder.

John ~ uattrocchi, Vice President. Underwriting American Nuclear lnsurers 10 Effective Date of this Endorsement Januar 1, 1990 To form a part of Policy No. MF-88 Issued to C an Date of Issue Februar 16 1990 For the Subscribing Companies MUTUAL AZOÃIC EHERGY LIABILITYUND WRITERS By sement No. 72 Countersigned by Authorized Representative ME-71 (1/1/90)

'

~

~ I

Nuclear Energy I iability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS CHANGES IN SUBSCRIBING COHPANIES AND IN THEIR PROPORTIONATE LIABILITYENDORSEHENT CALENDAR YEAR 1990

1. It is agreed that with respect to bodily injury, property damage or environmental 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 below.

b. The policy shall be binding on such companies only.

c. Each such company shall be liable for its proportion, as designated below, of any obligation assumed or expense incurred under the policy because of such bodily injury, property damage or environmental damage.

2~ It is agreed that the effective period of this endorsement is from the beginning 7o Q of the effective date of this endorsement stated below to the effective date that another "Changes In Subscribing Companies And In Their Proportionate Liability crr Q Endorsement" changes the Companies and/or their proportions as listed in this

~

p Qr~

o endorsement, or to the time of the termination or cancellation of the policy, sooner.

if nreLr r a

Arkrrright Hutual Insurance Company 21K Enployers Insurance of Wausau, A Hutual Carpany 21K Liberty Mutual Insurance Conpany 2Byo Lunbermens Hutuat Casualty Corpany 30K e

Q)

Q'o Cr 2 cr> + NOTICE OF AIDAIALIKETINGS crt V)

'U The arcual meetings of Arkrrright The annual meetings of Enployers

.IG

~r5 Insurance Hutual Company are held Insurance of Wausau A Mutual Z

crr at its home office in Waitham, Ccepany, are held at its home m Hassachusetts, on the second Weckresday office in Wausau, Wisconsin, on of Harch in each year, at ten-thirty the fourth Friday of Hay in each o'lock in the morning. year, at nine o'lock in the morning.

The arcual meetings of Liberty Mutual The annual meetings of Lunbermens Insurance Company are held at its hane Mutual Casualty Ccnpany are held office in Boston, Massachusetts, on at its home office in Long Grove the third Wednesday of April in each Illinois, on the third Tuesday of e + year, at ten o'lock in the morning. in each year, at eleven o'lock r e Cr err d8 May in the morning.

0.-

Effective Date of this Endorsement Janua 1 1990 To form a part of Policy No. Q~gQ 12:01 A.H. Standard time Issued to Florida Power 8 Li ht Com an Date of issue A ril 1 1990 For the Subscribing Companies MUTUAL ATOMIC GY LIABILITYUNDERVRIT S By Endorsement No. 73 Countersigned by

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)

Effective August 20, 1988, the named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the construction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and intervening causes, whether (iv) unforeseeable involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and I

(3) 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 bodily injury or property damage and the cause thereof.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2 ~ The waivers set forth in paragraph l. above do not apply to NE-33b Page 1 of 3

I I

k

(a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or required toor be provided under any workmen's compensation occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only 'punitive in nature, this exclusion does not apply to the extent that, the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.

3 ~ The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms other than this endorsement; provided, however, that with respect to bodily injury or property damage resulting from an extraordinary nuclear occurrence, Xnsuring Agreement IV, "Application of Policy", shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty (20) years after the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

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

4. Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because NE-33b Page 2 of 3

t of bodily injury or property damage to which the policy applies as proof of financial protection.

5. As used herein:

"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

"Financial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means the person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part

< the Nuclear Energy Liability Pc'cy (Facility Form) as des-ig .ated hereon. N Insurance is . forded hereunder.

Jo . L. Quattrocchi, Vice President. er 'ng American Nuclear lnsurers Effective Date of End<<semet Au9ust 20, 1988 To form a part of Policy No. ~~8

-12t01 A.H. Standard time Issued to Fl ori da Power 8 Li ht Com an Date of issue February 16, 1990 For the cribing panies By esident Endorsement No. 104 Countersigned by NE-33b Page 3 of 3

~ ~ ~

VP

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY Effective August 20, 1988, it is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT NE-33b 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 Nuclear Regulatory 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 no operating license has been issued by the Nuclear I

(2)

Regulatory Commission 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.

"1 origiri'a This is to certify that this is a true copy of the having the endorsement number'nd being made part E n dorsement r

(Facility Form) as de-of the Nuclear Energy Liability Policy affor ed hereunder.

ignat d hereon. No Insurance is John ', Quauroiuii,'V>~ .. " ... inS Amerihu Nuclear tourer s Effective Date of this Endorsement To form a part of Policy No. NF-185 1Zr01 A. H. Standard time Issued to P r 8 Li ht Com an Date of Issue February 16, 1990 Por the s ribing panies, resident orsement No. 105 Countersigned by NE-39b

I Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION Restriction of Com anies Obli ation to Defend Investi ate Ne otiate or Settle An Claim or Suit (Section 170 0. of the Atomic Energy Act of 1954, as amended)

Effective August 20, 1988, it is agreed that whenever, pursuant to subsection 170 0. of the Atomic Energy Act of 1954, as amended, an appropriate U.S. District Court determines that liability from a single nuclear incident may exceed the limit of liability subsection under the applicable limit of liability under 170 e.(1) (A), (8) and (C) of the Atomic Energy Act of 1954 as amended, the companies obligations under Insuring Agreement 1, to defend, investigate, negotiate or settle any

'claim or suit under the policy do not include any obligation that would necessitate or result in the companies incurring legal costs, including costs of initiating, prosecuting, investigating, settling, or defending claims or suits, which are not authorized for payment by a court pursuant to such subsection 170 0.

This is to certify that this is a true copy of the original made part h the endorsement number and being des- es-Polic (Facility Form) as of the Nuclear Energy Liability ~ s aP.:ded hereunder.

igna edd ihereon. . N o sure Unde 'a John 'uat'trocchi, Vice President American Huciear Insurers Effective Date of this Endorsement August 20~ 1'988 To form a part of Policy No. NF-185 12t01 A.H. Standard time Issued to Florida Power 5 Li ht Com an Date of issue February 16, 1990 For the Su ibing Co anies By ndorsement No. 106 Countersigned by NE-70

f g lk 0

Nuclear Energy LIablllty Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMEN (Extraordinary Nuclear Occurrence)

The named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the construction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii)

(iv) assumption of unforeseeable risk. and intervening, causes, whether involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity. and (3) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2 ~ The waivers set forth in paragraph 1. above do not o aapp 1 y to bodily in jury, property damage or environmental 0 (a) damage which is intentionally sustained claimant or which results from a nuclear intentionally and wrongfully caused by the claimant:

by the incident Nf-33c (1/1/90) Page 1 of 3

V (b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear'ccurrence takes place if benefits therefor are either payable or required to be provided under any workmen' compensation or occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive i.n nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.

3 ~ The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury, property damage or environmental damage to which the policy applies under its terms other than this endorsement: provt.ded, however, that with respect to bodily injury. property damage or environmental damage resulting from an extraordinary nuclear occurrence, the provisions of COVERAGES A and C of the policy providing cover f bodil y ingury, property damage or environmental damage caused during the policy period by the nuclear energy hazard and which is discovered and for which wri.tten claim is made against the insured not later than ten (10) years after the end of the policy period shall not operate to bar coverage for bodily injury, property damage or environmental damage (a) which is caused during the poli.cy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made a e against a

t hee insured not later than twenty (20) years after the date of the extraordinary, nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indemnif ication between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the li.mit of liability provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

Such waivers shall not preclude a defense based upon the failure'f the claimant to take reasonable ste s to mitigate damages.

NE-33c (1/1/90) Page 2 of 3

i p

Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury, property damage or environmental damage to which the policy applies as proof of financial protection.

5. As used herein:

"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

"Financial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means the person or organization actually sustaining, the bodily injury, property damage or environmental damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part f the Nuclear Energy Liability Pr .cy (Facility Form) as des-i'. tated hereon. In~>>i ce is fforded hereunder.

Jo L. Quattrocchi, Vice President r e 'ting American Nuclear Insurers Effective Date of this Endorsement To form a part of Policy No. NF-185 12rot A. H. Standard time Issued to lt Li ht Com an Date of Issue FebrUary 16, 1990 For the S ribing C panies, oreemeot No. ~ Countersigned by of NE-33c (1/1/90) Page 3 3

l;

~ J tJ

~

• 1 fl K t C s'I

>. c

'E

< ~

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing, the application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT NE-33c 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 Nuclear Regulatory 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 Nuclear Regulatory Commission 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.

1i This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of he Nuclear Energy Liability Pol' (Facility Form) as des-ign-, ted ~n. Yn,est ...- - ded hereunder.

~ W a John ~ Quattrocchi, Vice President UndenMritins American Nuc)ear Insurers Effective Date of Jan"~)'y', NF-185 this Endorsement 1990 To form a part of Policy No.

12r01 A. H. Standard tine Issued to Florida Power 8 Li ht Com an Date o f Issue February 16, 1990 For the Sub ibing Com anies, By ndorsement No. 108 Countersigned by NE-39c (1/1/90)

f...t II

~

~

5

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION AMENDATORY ENDORSEMENT (Facility Form)

It is agreed that:

1. INSURING AGREEMENT I is replaced by the following: .

X COVERAGE A - LIABILITY To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage, or as covered environmental cleanup costs because of environmental damage. This Coverage applies only to bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period.

The companies shall have the right and duty to defend any claim or suit against the insured alleging such injury or damage, and seeking damages or costs which are payable under the terms of this policy; but the companies may make such investigation, negotiation and settlement of the claim or suit as they deem expedient.

The companies'uty to defend shall be limited, as described in INSURXNG AGREEMENT XV, if the claim or suit also seeks any of the following, which in no event shall be construed as covered by this policy:

(1) damages for on-site property damage:

(2) recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs:

(3) performance of an insured's environmental protection obligations or on-site cleanup obligations: or (4) any other relief or recovery except, payment of covered damages or covered environmental cleanup costs.

The companies 'uty to def end'laims or suits ends when the limit of their liability has been exhausted pursuant to CONDITION 3.

Subject to INSURXNG AGREEMENT XV, the companies shall pay, with respect to any claim or suit they defend, the costs incurred in the defense, including costs taxed against the insured in any such suit and interest on any judgment therein:

(2) premiums on appeal bonds and bonds to release attachments in any such suit, but without obligation to apply for or furnish such bonds;

L

, <,IA 1 C Cf

(3) reasonable expenses, other than loss of earnings, incurred by the insured at the companies'equest.

COVERAGE B - DAMAGE TO PROPERTY OF AN INSURED AWAY FROM THE FACILITY W3.th respect to property damage caused during the policy period by the nuclear energy hazard to the property of an insured which is away from the facility, to pay to such insured those sums which such insured would have been legally obligated to pay as covered damages therefor, had such property belonged to another.

COVERAGE C - SUBROGATION OFFSITE EMPLOYEES With respect to bodily injury caused during the policy period by the nuclear energy hazard to any employee of an insured, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period, to pay to the workmen's compensation carrier of such insured as follows:

All sums re cover which such and retain

.carrier would have been entitled e

as damages from another person or t o organization, had such person or organization alone been legally responsible for such bodily injury, by reason of the rights acquired by subrogation by the payment of the benefits requiied of such carrier under the applicable workmen's compensation or occupational disease law. An employer who is a duly qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this Coverage.

This Coverage does not apply to bodily injury to any person who is employed at and in connection with the facility; nor shall it constitute workmen's compensation insurance as required under the laws of any state.

INSURING AGREEMENT II is replaced by the following:

II DEFINITION OF INSURED The unqualified word "insured" includes (a) the named insured and (b) any other person or organization with respect to his legal responsibility for covered damages or covered environmental cleanup costs because of bodily injury, property damage or environmental damage caused by the nuclear energy hazard.

Subdivision (b) above does not include as an insured the United States of America or any of its agencies, except.

the Tennessee Valley Authority.

Subject to CONDITION 3 and the other provisions of this policy, the insurance applies separately to each insured against. whom claim is made or suit is brought.

k INSURING AGREEMENT III is replaced by the following:

III P

DEFINITIONS Wherever used in this policy:

"bodily injury<< means bodily injury, sickness or disease, including death resulting therefrom, sustained by any person.

<<covered damages<< means damages because of bodily injury or property damage to which this policy applies: but covered damages do not include environmental cleanup costs or on-site cleanup costs.

"covered environmental cleanup costs" means only those environmental cleanup costs which are incurred directly for monitoring, testing for, cleaning up, neutralizing or containing environmental damage as the result of an extraordinary .nuclear occurrence or a transportation incident: but covered environmental cleanup costs do not include on-site cleanup costs.

"disposal site" means any structure, basin, excavation, premises or place prepared as a dump or site for the disposal of waste materials of a general nature, but which may also 'be used for the disposal of waste materials containing small amounts of nuclear material.

"environment" includes land, the atmosphere, and all.

watercourses, bodies of water and natural resources, whether on, above or below the surface of the ground.

"environmental cleanup costs" include all loss, cost or expense arising out, of any governmental decree order directive (other than an award of covered damages in an action at law) requiring or requesting a person or organization to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination of the environment, whether the contamination is on, above or below the surface of the ground.

<<environmental damage" means contamination of the environ-ment by nuclear material.

<<environmental protection obligations<< include all obligations of any person or organization relating to the protection of the environment from contamination or imminent danger of contamination, and imposed by any governmental laws, regulations or ordinances.

"extraordinary nuclear occurrence" means an event which i

the United States Nuclear Regulatory Commis s on h as deter mined to be an extraordinary nuclear occurrence as

'A Ol

)II ~

defined in the Atomic Energy gy Act, o 1954, or in any law ct, of amendatory thereof.

"governmental" refers to federal, st governments and auth and political subdivisions thereof iti

>>indemnified nuclear facility>> means (1) "the facility" as defined in an Nu y o ) is ed by Nuclear a ity insurance Associat Atomic Energy Lia bility Underwriters, or (2) any other nuclear facility, if financial i protection is re uired At ith thereat.

E t too t any A of 1954 t

activities or operations conducted "insured shipment<< means a shipment of s 1 1 or w stes produc d t

byy i th1 extraction ext or concentration of its source material content n en , h erein called >>material,>>

(1) to the facility from any location d ifi d 1 f il tation, or an t e continuation of its transpor-(2) from the facility too any an other location, but only until th e material is removed fro rom a transporting or any purpose other than the on o ts transportation.

>>nucle ar energy hazard" means the explosiv o othe h z do teri 1 b t o 1 if (1) the nuclear material is at the discharged or disp r d li ih h (2) the nuclear material is in an insured shi me a he to i territorial limits id t 1 of the Uni (a)

(b) international waters or airs ace r th 1 ma t eria1i 1 is in the cours transportation betweenn two po ints located within n I

the territorial limits described in (a) above and there is no deviation in the course of the transportation for the purpose of going to any other country, state or nation, except for the purpose of going to or returning from a port or place of refuge as the result of an emergency.

"nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters. The term "nuclear facility" also "means (1) any nuclear reactor, (2) any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b) processing or utilizing spent fuel, or (c) handling, processing or packaging waste, (3) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (4) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.

"nuclear material" means source material, special nuclear material or byproduct material.

"nuclear reactor" means any apparatus designed or used to sustain nuclear fission or a self-sustaining chain reaction or to contain a critical mass of fissionable material.

"on-site cleanup costs" include all loss, cost or expense arising out of on-site cleanup obligations.

"on-site cleanup obligations" include all obligations of any person or organization, imposed by common law or otherwise, to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination by nuclear material at the facility, whether the material is on, above or below the surface of the ground.

"on-site property damage" includes all property damage to any property at. the facility, whether the property is 'on.

above or below the surface of the ground, other than aircraft, watercraft or vehicles licensed for highway use,

I-Vl

~

+v 1

provided such aircraft, watercraft or vehicles are not used in connection with the operation of the facility.

"property damage" means physical injury to or destruction or radioactive contamination of property, and loss of use of property so injured, destroyed or contaminated, and loss of use of property while evacuated or withdrawn from use because possibly so contaminated or because of imminent danger of contamination.

"source material," "special nuclear material," and

>>byproduct material" have the meanings given them in the Atomic Energy Act of 1954, or in any law amendatory thereof.

>>spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in any nuclear reactor.

"the facility>> means the facility described in the declarations and includes the location designated in Item 3 of the declarations and all property and operations at such location.

>>transportation incident" means a discharge or dispersal of nuclear material from an insured shipment caused by collision or upset of the transporting conveyance, or an accident that breaks open, punctures. or ruptures the shipping containers or containment thereon: but only if both the discharge or dispersal and the collision, upset or accident take place away from any nuclear facility and away from any disposal site, and both occur in the course of the transportation, including handling, and temporary storage incidental thereto.

"waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included within the definition of nuclear facility under paragraph (1) or (2) thereof.

4 ~ INSURING AGREEMENT IV is replaced by the following and INSURING AGREEMENT IV-A added by the "Amendment of Coverage Endorsement for Workers Claims (Facility Form)"

continues to apply:

IV LIMITED DEFENSE OF PARTIALLY COVERED CLAIMS OR SUITS The following provisions apply with respect to any partially covered claim or suit for which the to defend has been limited by INSURING AGREEMENT I:

companies'uty (1) The companies will defend the claim or suit unless the companies and the first named insured mutually agree on a different defense arrangement. By making

such a defense, the companies shall not be considered as having waived their rights under this policy to deny payment or reimbursement of the items not covered.

(2) As soon as practicable, the first named insured, acting on behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for handling the defense and sharing the costs thereof.

(3) The companies'hare of defense costs shall not exceed the portion of the total defense costs that represents the costs which would be reasonably and necessarily incurred in the defense of the claim or suit in the absence of any claim or demand for the items not covered.

(4) The companies shall have a right to contribution from the first named insured for all defense costs as they are incurred in excess of the amount of the

. companies 'hare, including reimbursement by the first named insured of all such excess costs paid by the companies.

(5) If the companies and the first named insured cannot agree on the companies'hare of defense costs, the dispute shall be submitted, as a condition precedent to any right of recovery on this policy, to arbitra-tion for a final and binding resolution, as provided in Condition 19.

5 ~ In EXCLUSIONS (d) and (e), and in all endorsements to this policy relating thereto, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

6. EXCLUSION (f) is replaced by the following exclusion:

[This policy does not apply: )

(f) to on-site property damage:

7. In CONDITION 3, and in all endorsements to this policy modifying the dollar amount of the limit of liability stated in Item 4 of the declarations, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

8. In CONDITION 4, and in all endorsements to this policy modif ying the dollar amount of the total aggregate liability of the companies with respect to a common occurrence:

(a) the words "bodily injury or property damage>> are replaced by "bodily injury, property damage or environmental damage": and (b) the words "bodily injury and property damage" are replaced by "bodily injury, property damage and environmental damage.<<

'lt f

,lf

In CONDITIONS 5, 11, 15 and 18, and in all e this policy relating th ere t o, the words >>bodil in property damage>> are replaced b y o ly inpour y, property damage or environmental damage.>>

CONDITION 19 19, DECLARATIONS, is renumbered CONDXTION 20.

The following CONDITION is added to the policy.

policy 19 ARBITRATXON OF DISPUTES RELATING TO THE APPLICATION OF INSURING AGREEMENT XV All such disputes subject to paragraph 5 of AGREEMENT Iv shall be submitted to a Board of Arbitration or a nal and binding resolution of the dispute.

There shall be two parties to the arbitration: the Liability Xnsurance Association, actin o co pani s their dul th u y authorized representative.

Except to the extent thee parties art mutually agree otherwise, thee folioo ow ing principles will apply:

(a) The arbitration will take a e p 1 ace in New York New York, and will be governed b y th e laws of the State of New York.

(b) Either party may begin the rocess iving notic to th o d o so and the name of t (c) The other party shall then a oint i arbitrator, and th e arbitrators bi shall a oi writing an umpire before the y be g in the arbit ation.

a ac as chairman of the. Board.

(d) Xf a party fails to name its arbitrator within p

an arbitrator for the y'ppoint

( ) If the two arbit t selection of an umpire within thirty 30 da s e y rawing lots.

(f) Thee arbitrators a and umpire shall be execut rance named insured underer a uclear Energy Nuclear Liability Policy y uclear Energy Liabilit In Association or Mutual Atomic E U d it ; id d th t th th followi g s h a 11 not be elig ible o oth parties:

I+

4g I

any party or likely party to the underlying claim or suit:

(2) American Nuclear Insurers, NAERP Reinsurance Association or their members: or (3) any other insurer or reinsurer which has casualty insurance or reinsurance in force on any of the foregoing which may be materially affected by the Board's decision.

Within thirty (30) days after the appointment of the umpire, each party shall submit its case in writing to the Board.

The Board shall determine its rules of procedure, and the nature and extent of any discovery, testimony, examination or cross-examination of witnesses and oral argument permitted. The decision of any two members of the Board shall be final and binding on all parties. All discovery, submissions of evidence, hearing of witnesses and argument shall be completed within sixty (60) days of the appointment of the umpire, provided the Board may grant one extension of thirty (30) days.

The arbitrators and the umpire are not to be bound by any strict rules of legal procedure, evidence or legal precedents. They shall, however, be governed by the terms of this policy, and shall have no power to add to or change its provisions. Subject to this admonition, they shall interpret the relevant provisions of this policy as an honorable business agreement, and shall be entitled to decide, in accordance with such'rovisions together with the other materials submitted to them, what, they think is the fair and right thing to be done between the parties from a business point of view, without favoring the interest of either party.

The Board shall make its award in writing within thirty (30) days after the close of the period, including any extension granted, described in paragraph (h) above.

If the Board fails .to make an award within the time prescribed by paragraph (j) above, then unless an extension is agreed to by the parties, a new arbitration shall be commenced and completed in accordance with the procedure set out in paragraphs (a) through (j) above.

The award of the Board signed by any two members shall be final, not subject tb appeal and binding on all parties, including all insurers subscribing the policy and all insureds thereunder. The award shall be treated as a matter involving interstate commerce, and may be competent.

f iled or conf irmed jurisdiction, state in any court of or federal, and judgment thereon entered and enforced, in accordance with the law and practice of the forum.

7 (m) Unless the Board decides otherwise, each party shall pay the expenses of the arbitrator appointed by or for it arbitration.

and one half of the other costs of (n) Zf an arbitrator or umpire is unable or unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place, in accordance with the provisions set forth above.

(o) All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing party shall send simultaneously a copy thereof to the opposing party.

12. This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under this policy, and which are first made in writing, against any insured on or after the effective date of this endorsement stated below.

copy of the original ertif that this is a true

' ere i'ed ~r~ ~n. No ns.

i c

' Quattrocchi, Vice President Underwriting John American Nuclear insurers 10 Effective Date of To form a part of Policy No NF-185 this Endorsement Januar 1 1990 12rol A.M. Standard Time Issued to Florida Power 5 Li ht Com a Dace of Issue Fehruar 16 1990 For the su rib ing c panies By PRESIDENT 109 Countersigned by ii="-71 (1/1/90)

'I 0

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION CHANGES IH SUBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITYENOORSEMEHT CALEHOAR YEAR 1990

1. It is 'I agreed that with respect to bodily ingury, property damage or environmental 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 below.

b. The policy shall be binding on such companies only.

Co Each such company shall be liable for its proportion of any obligation assumed or expense incurred under the policy because of such bodily in)ury, property damage or environmental damage as designated below.

2. It is agreed that the effective period of this endorsement is from the beginning of the effective date of this endorsement stated below to the close of December 31, 1990, or to the time of the termination or cancellation of the policy, sooner.

if 0

~I p) Casualty 8 Surety Co. 12.917337K Q)

Al I 1 anz Insurance Company 1. 515634K

~

Allstate Insurance ColTMny 5.535510K p American Home Assurance Co. 0.692369K 0 ~c C Continental Casualty CocTMny 5.341750K Continental Insurance Company 10.333870X Federal Insurance Company 2 '556%4 General Ins. Co. of America 1. 722312K Hanover Insurance Cotpany 0.595059K Hartford Fire Insurance Co. 10.333870K

0) Highlands Insurance Cccpany 0.344462K 0 Horne Indecnity Cocpany 1.614667K Se o e c Ins. Co. of North America 7.750403K rU D Motors Insurance Corporation 0.430578K O

co 'Q Ohio Casualty Insurance Co. 0.172231K th 0P nl l0 Providence llashingtcn Ins. Co. 0.193760K Reliance Insurance Cotpany 0.516694K Bi Royal Ins. Co. of America 3.616855K o> 0 pm St. Paul Fire 8 Marine Ins. Co. 5.991922K State Farm Firm 8 Casualty Co. 0.861156K

~Fs~ Tokio Marine 8 Fire Ins. Co. 0.516694K Transanerica Insurance Co. 0.861156K 0.172231'.420907'etna Travelers Indarnity Canpany 12.856195K U~ S. Fire Insurance Cocpany 2.325121K U.S. Fidelity 8 Guaranty Co. 8.611558K Universal Undergriters Ins. Co.

Zurich Insurance Coapany Total 100.000000K NE.90 Effective Date of this Endorsement Janua 1 1990 To form a part of Policy No. NF-185 12:01 A. M. Standard time Issued to F1orida Power 8 Li ht Com an te of Issue A ril 1 1990 For the Subs ribing C Epanies,

( I!,~=4' President Endorsement No. 112 Countersigned by

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence}

Effective August 20, 1988, the named insured, acting for himself and every other insured under the policy, and the .members of Nuclear Energy Liability Insurance Association agree as follows:

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

'the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not, limited to:

(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and intervening causes, whether (iv) unforeseeable involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action. r 2 ~ The waivers set forth in paragraph l. above do not apply to NE-33b Page 1 of 3

V

'pl g

~ I I /

(a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or required toor be provided under any workmen's compensation occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.

3. The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms other than this endorsement; provided, however, that. with respect to bodily injury or property damage resulting from an extraordinary nuclear occurrence, Insuring Agreement IV, "Application of Policy", shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy period by the nuclear energy hazard and (b} which is discovered and for which written claim is made against the insured not later than twenty (20) years after the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

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

Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shal~l be judicially enforceable in accordance with their terms against any insured in an action to recover damages because NE-33b Page 2 of 3

I 4t

of bodily injury or property damage to which the policy applies as proof of financial protection.

5. As used herein:

"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

"Financial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.

>>claimant>> means the person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account: of such injury or damage.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuclear Energy Liability P licy (Facility Form) as des-ignated hereon. No Insurance i afforded hereunder.

, L. ~nbcc, ' cc reside i ~ vriting hgrican Huciear fnsurers Effective Date of this Endorsement

-12:01 A.H. Standard time To form a part of Policy No. ~~

Issued to F1 orida Power 8 Li ht Com an Date of issue February 16, 1990 For the cribing panies By esident ndorsement No. 104 Countersigned by NE-33b Page 3 of 3

V I

r

~ ~,

J r

4

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY Effective August 20, 1988, it is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT NE-33b 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 Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence takes place if:

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 Nuclear Regulatory Commission 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.

This is to certify that this is a true copy of the original Endorsement having the endorsem nt n b er an d b eing made part

'm o e Nuclear Energy Liability P;,cy '

(Facility F o'rm as d es-Jo e

~ ~ereon. N In - .v t.

~

. Quattrocchi, Vice ded hereunder.

President.Undenvriting American Nuclear Insurers Effective Date of this Endorsement August 20~ 1988 To form a part of Policy No. NF-185 12t01 A. H. Standard time Issued to P r 5 Li ht Com an Date of issue February 16, 1990 For the s ribing panies, By president dorsement 'No. 105 Countersigned by NE-39b

I'I'e I'

p p

II

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION Restriction of Com anies Obli ation to Defend Investi ate Ne otiate or Settle An Claim or Suit (Section 170 0. of the Atomic Energy Act of 1954, as amended)

Effective August 20, 1988, it is agreed that whenever, pursuant to subsection 170 0. of the Atomic Energy Act of 1954, as amended, an appropriate U.S. District Court determines that liability from a single nuclear incident may exceed the limit of liability under the applicable limit of liability under subsection 170 e.(1) (A), (B) and (C) of the Atomic Energy Act of 1954, as amended, the companies obligations under Insuring Agreement I, to defend, investigate, negotiate or settle or suit under the policy do not include any obligation that any'laim would necessitate or result in the companies incurring legal costs, including costs of initiating, prosecuting, investigating, settling, or defending claims or suits, which are not. authorized for payment by a court pursuant to such subsection 170 0.

i is a true copy of the original This is to certirtify that a this aber and being made part the endorsement t num e

'1'o d r Liability Poli y (F ( acii y o )

r ded h ereu d Insurance is ig ated hereon. No

>

J In ...

Jc ~

icrrx~~cchir >

.'n Nuclear Insurers

. r'resr nt n Am Effective Date of this Endorsement August 20, 1988 To form a part of Policy No. NF-185 12r01 A.H. Standard time Issued to F1orida Power 8 Li ht Com an Date of issue February 16, 1990 For the Su ibing Co anies By ndorsement No. 106 Countersigned by NE-70

'A 1y

/

Nuclear Energy LIablllty Insurance 0 NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)

The named insured, .acting for himself and every other insured under the policy. and the members of Nuclear Energy Liability Insurance Association agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of .the construction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct, of the claimant or the fault of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii)

(iv) assumption of risk, and unforeseeable intervening causes, whether involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2 ~ The waivers set forth in paragraph 1. above do not apply to (a) bodily injury, property damage or environmental damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; NE-33c (1/1/90} Page 1 of 3

~ 4 ~

t

(b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or required to be provided under any workmen' compensation or occupational disease law:

(c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable, under law.

3. The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury, property damage or environmental damage to which the policy applies under its terms other than this endorsement: provided, however, that with respect to bodily injury, property damage or environmental damage resulting from an extraordinary nuclear occurrence, the provisions of COVERAGES A and C of the policy providing, coverage for bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard and which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the policy period shall not operate to bar coverage for bodily injury, property damage or

~

environmental damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty (20) years after the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to. or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured:

(b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended: and (c) the limit of liability provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

Such waivers shall not preclude a defense based upon the failure of the claimant to take reasonable ste s to mitigate damages.

NE-33c (llll90) Page 2 of 3

a l ~

b r'

y .'t i

e ~

4, subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury, property damage or environmental damage to which the policy applies as proof of financial protection.

5. As used herein:

"extraordinary nuclear I occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

"Financial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954. as amended.

"claimant" means the person or organization actually sustaining the bodily injury, property damage or environmental damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring, an action for damages on account of such injury or damage.

This is to certify that this is a true copy of the original endorsement number and being made part Endorsement having the (Facility Form) as des-of the Nuclear Energy Liability Polic ded hereunder.

igns ed hereon. No Insurance is aff

'

resident.Und ri Joht .. Quattrocchi, Vi e Americ~ i Nuclear Insurers Effective Date of January 1, 1990 this Endorsement To form a part of Policy No. NF-185 12r01 A. N. Standard time Issued to 8 Li ht Com an Date of Issue February 16, 1990 For the S ribing C panies, doreemeot No. ~ By Countersigned by of NE-33c (1/1/90} Page 3 3

~ ~ ~

h

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT NE-33c with respect to an extraordinary nuclear occurrence occurring at the facility. a claimant who is employed at the facility in connection vith the construction of a nuclear reactor. with respect to vhich no operating, license has been issued by the Nuclear Regulatory 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 Nuclear Regulatory Commission vith respect to the nuclear reactor, and (3) the claimant is not employed in connection vith the possession, storage, use or transfer of nuclear material at the facility.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part Liability Poli (Facility Form) as des-of the Nuclear Energy hereunder, Joh<<,

~,

ign t d hereon. No <nsurnnr o is e i~rded Ch Quattrocchi, Vice President.Unc American Nuclear Insurers e wr,. g Effective Date of part of Policy No. NF-185 this Endorsement To form a 12r01 A. H. Standard time Issued to Florida Power 8 Li ht Com an Date of Issue February 1.6, 1990 P or the Su b ibing Com anies, By

~ Endorsement No.

~ 108 Countersigned by NE-39c (1/1/90)

7 4

I/

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION AMENDATORY ENDORSEMENT (Facility Form)

Zt is agreed that:

1. INSURING AGREEMENT I is replaced by the following:

I COVERAGE A - LIABILITY To pay on beha1f of the insured all sums which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage, or as covered environmental cleanup costs because of environmental damage. This Coverage applies only to bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period.

The companies shall have the right and duty to defend any claim or suit against the insured alleging such injury or damage, and seeking damages or costs which are payable under the terms of this policy: but the companies may make such investigation, negotiation and settlement of the claim or suit as they deem expedient.

The companies'uty to defend shall be limited, as described in INSURING AGREEMENT ZV, if the claim or suit also seeks any of the following, which in no event shall be construed as covered by this policy:

damages for on-site property damage; recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs; (3) performance of an insured's environmental protection obligations or on-site cleanup obligations; or any other relief or recovery except payment of covered damages or covered environmental cleanup costs.

The companies'uty to defend claims or suits ends when the limit of their liability has been exhausted pursuant to CONDITION 3.

Subject to INSURING AGREEMENT IV, the companies shall pay, with respect to any claim or suit they defend, the costs incurred in the defense, including costs taxed against the insured in any such suit and interest on any judgment therein:

premiums on appeal bonds and bonds to release attachments in any such suit, but without obligation to apply for or furnish such bonds:

l

@V 8

, f

(3) reasonable expenses, other than loss of earnings, incurred by the insured at the companies'equest.

COVERAGE B - DAMAGE TO PROPERTY OF AN INSURED AWAY FROM THE FAClLITY Wi.th respect to property damage caused during the policy period by the nuclear energy hazard to the property of an insured which is away from the facility, to pay to such insured those sums which such insured would have been lega11y obligated to pay as covered damages therefor, had such property belonged to another.

COVERAGE C - SUBROGATION OFFSITE EMPLOYEES With respect to bodily injury caused during the policy period by the nuclear energy hazard to any employee of'n insured, and which is discovered and for which written claim is made against the insured, not later than ten (1Q) years after the end of the policy period, to pay to the workmen's compensation carrier of such insured as follows:

All sums which such carrier would have been entitled to recover and retain as damages from another person or organization, had such person or organization alone been legally responsible for such bodily injury, by reason of the rights acquired by subrogation by the payment of the benefits required of such carrier under the applicable workmen's compensation or occupational disease law. An employer who is a duly qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this Coverage.

This Coverage does not apply to bodily injury to any person who is employed at and in connection with the facility; nor shall it constitute workmen's compensation insurance as required under the laws of any state.

INSURING AGREEMENT II is replaced by the following:

II DEFINITION OF INSURED The unqualified word "insured" includes (a) the named insured and (b) any other person or organization with respect to his legal responsibility for covered damages or covered environmental cleanup costs because of bodily injury, property damage or environmental damage caused by the nuclear energy hazard.

Subdivision (b) above does not include as an insured th e U nited States of America or any of its agencies, except the Tennessee Valley Authority.

Subject to CONDITION 3 and the other provisions of this policy, the insurance applies separately to each insured against whom claim is made or 'suit is brought.

I(

/~

gt Ea

INSURING AGREEMENT III is replaced by the following:

III DEFINITIONS Wherever used in this policy:

"bodily injury" means bodily injury, sickness or disease, including death resulting therefrom, sustained by any person.

"covered damages" means damages because of bodily injury or property damage to which this policy applies; but covered damages do not include environmental cleanup costs or on-site cleanup costs.

"covered environmental cleanup costs" means only those environmental cleanup costs which are incurred directly for monitoring, testing for, cleaning up, neutralizing or containing environmental damage as the result oof an a e xtraordinary nuclear occurrence or a transportation incident: but covered environmental cleanup costs do not include on-site cleanup costs.

"disposal site" means any structure, basin, excavation, premises or place prepared as a dump or site for the disposal of waste materials of a general nature, but. which may also be used for the disposal of waste materials containing small amounts of nuclear material.

includes land, the atmosphere, and all.

I'environment" watercourses, bodies of water and natural resources, whether on, above or below the surface of the ground.

"environmental cleanup costs" include all loss, cost. or expense arising out of any governmental decree, order or directive (other than an award of covered damages in an action at law) requiring or requesting a person or organization to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination of the environment, whether the contamination is on, above or below the surface of the ground.

"environmental damage" means contamination of the environ-ment by nuclear material.

"environmental protection obligations" include all obligations of any person or organization (1) relating to the protection of the environment from contamination or imminent danger of contamination, and (2) imposed by any governmental laws, regulations or

ordinances.

"extraordinary nuclear occurrence" means an event which the United States Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as

I defined in the Atomic Energy c of 1954, or in any law gy Act amendatory thereof.

"governmental" refers to federal, state and governments and authorities, includin cou and politi 1 subdivisio s t "indemnified nuclear facility" means (1) "the facility" as defined in an Nu (Facilit Fo rm) i ed by Nuclear Atomic Energy Liability Underwr (2) any other nuclear facility, if financial At, i E protection is re uired A t f 1954 o any activities or operations conducted thereat.

"insured shipment" means a shipment of source special nuclear material s t f or concentration of or um from any ore processed r its source material n en , h erein content i called "material,"

(1) to the facility from any location exce purpose other than an thee continuation cont of its transpor-tation, or (2) 2 from the facility y too any an other location, but cnl e material is removed from fro a transporting conveyancee for or any purpose other than an the continuation of its transportation.

"nuclear energy hazard" means the r 1 i material, but only th er h azardous p ro p e rties of nuclear if (1) . the nuclear material is at the facilit or discharged or dispersed therefrom w'ithout inte (2) the nuclear ma terial is in an insured shi ment'wh iss away from any other nuclear facilit and course of transportation. includin t, o the t

territorial i idlimits of the United (a) or possessions, or (b) international waters or airs ace a on between two points located within

i'l the territorial limits described in (a) above and there is no deviation in the course of the transportation for the purpose of going to any other country, state or nation, except for the purpose of going to or returning from a port or place of refuge as the result of an emergency.

"nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters. The term "nuclear facility" also means (1) any nuclear reactor, (2) any equipment or device designed or'sed for (a) separating the isotopes of'uranium or plutonium, (b) processing or utilizing spent fuel, or (c) handling, processing or packaging waste, (3) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (4) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.

"nuclear material" means source material, special nuclear material or byproduct material.

"nuclear reactor" means any apparatus designed or used to sustain nuclear fission or a self-sustaining chain reaction or to contain a critical mass of fissionable material.

"on-site cleanup costs" include all loss, cost or expense arising out of on-site cleanup obligations.

"on-.site cleanup obligations" include all obligations of any person or organization, imposed by common law or otherwise, to undertake or pay for monitoring, testing for, cleaning up, neutralizing or containing contamination by nuclear material at the facility, whether the material is on, above or below the surface of the ground.

"on-site property damage" includes all property damage to any property at the facility, whether the property is on.

above or below the surface of the ground, other than aircraft, watercraft or vehicles licensed for highway use,

IR Q t lF Ab" r

provided such aircraft, watercraft or vehicles are not used in connection with the operation of the facility.

>>property damage" means physical injury to or destruction or radioactive contamination of property, and loss of use of property so injured, destroyed or contaminated, and loss of use of property while evacuated or withdrawn from use because possibly so contaminated or because of imminent danger of contamination.

"source material," "special nuclear material," and "byproduct material" have the meanings given them in the Atomic Energy Act of 1954, or in any law amendatory thereof.

"spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in any nuclear reactor.

"the facility" means the facility described in the declarations and includes the location designated in Item 3 of the declarations and all property and operations at such location.

"transportation incident" means a discharge or dispersal of nuclear material from an insured shipment caused by collision or upset of the transporting conveyance, or an accident that breaks open, punctures or ruptures the shipping containers or containment thereon: but, only both the discharge or dispersal and the collision, upset if or accident take place away from any nuclear facility and away from any disposal site, and both occur in the course of the transportation, including handling and temporary storage incidental thereto.

"waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by any person or organization of any nuclear facility included withi~

the definition of nuclear facility under paragraph (1) or (2) thereof.

INSURXNG AGREEMENT IV is replaced by the following and INSURXNG AGREEMENT IV-A added by the "Amendment of Coverage Endorsement for Workers Claims (Facility Form)<<

continues to apply:

IV LIMITED DEFENSE OF PARTIALLY COVERED CLAXMS OR SUITS The following provisions apply with respect to any partially covered claim or suit for which the.

to defend has been limited by'NSURING AGREEMENT I:

companies'uty (1) The companies will defend the claim or suit unless the companies and the first named insured mutually agree on a different defense arrangement. By making 6

~

'

such a defense, the companies shall not be considered as having waived their rights under this policy to deny payment or reimbursement of the items not covered..

(2) As soon as practicable, the first named insured, acting on behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for handling the defense and sharing the costs thereof.

(3} The companies'hare of defense costs shall not exceed the portion of the total defense costs that

, represents the costs which would be reasonably and necessarily incurred in the defense of the claim or suit in the absence of any claim or demand for the items not. covered.

(4) The companies shall have a right to contribution from the first named insured for all defense costs as they are incurred in excess of the amount of the companies'hare, including reimbursement by the first named insured of all such excess costs paid by the companies.

(5) If the companies and the first named insured cannot agree on the companies'hare of defense costs, the dispute shall be submitted, as a condition precedent to any right of recovery on this policy, to arbitra-tion for a final and binding resolution, as provided in Condition 19."

In EXCLUSIONS (d) and (e}, and in all endorsements to this policy relating thereto, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

EXCLUSION (f) is replaced by the following exclusion:

[This policy does not apply: )

(f) to on-site property damage:,

In CONDITION 3, and in all endorsements to this 'policy modifying the dollar amount of the limit of liability stated in Item 4 of the declarations, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

In CONDITION 4, and in all endorsements to this policy modifying the dollar amount of the total aggregate liability of the companies with respect to a common occurrence:

(a) the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage": and (b) the words "bodily injury and property damage" are replaced by "bodily injury, property damage and environmental damage. "

t I

t 4"

In CONDITIONS 5, 11, 15 and 18, an and in all endorsements en to this policy relating theereto, the words "bodil in u property damage" are replaced by "bodily in ur , r damage or environmental damage."

CONDITION 199, DECLARATIONS, D is renumbered CONDITION 20.4 The following CONDITION is added to the policy policy.

19 ARBITRATION OF DISPUTES RELATING TO THE E APPLICATION OF INSURING AGREEMENT IV All such dissputes subject to paragraph 5 of (the "Board" ) for a final na and bi binding resolution of the dispute.

There shall be two parties to the arbitration:

named insured, acting on behalf of all Liability Insurance Association, actin on be y au or zed representative.

Except to the extent thee parties arties mutually agree otherwise, thee foll o owing principles will apply:

(a) The arbitration will take York, and will be governed a e pl e

i p ace in New York, New b y thee laws of the State of New York.

(b) Either party may begin the rocess i oti to th oth (c) The other party shall then a o arbitrator an d th e arbitrators shall appo a oint in writing an umpire before the y be gin the arbit ation.

e 's a act as chairman of the .Board.

(d) I a party fails to name its i ~

0) d e other party's written appoint an arbitrator for or thee partyart in default.

wo arbitrators fail to a ree on selection of an umpire within thirty (30 da s a name two, of whom the other shall decline one.

f

( ) The arbitrators and umpire shall be execut companies licensed t o d o business b in the U States or of organizations ons desi es gnated as the first sured under a Nuclear Energy Liability Polic named insured Underwriters: provided that the curr without the consent of both part partieses.

lg h

t'

(1) any party or likely party to the underlying claim or suit; (2) American Nuclear Insurers, HAKRP Reinsurance Association or their members: or (3) any other insurer or reinsurer which has casualty insurance or reinsurance in force on any of the foregoing which may be materially affected by the Board's decision.

Within thirty (30) days after the appointment of the umpire, each party shall submit its case in writing to the Board.

The Board shall determine its rules of procedure, and the nature and extent of any discovery, testimony, examination or cross-examination of witnesses and oral argument permitted. The decision of any two members of 'the Board shall be final and binding on all parties. All discovery, submissions of evidence, hearing of witnesses and argument shall be completed within sixty (60) days of the appointment of the umpire, provided the Board may grant one extension of thirty (30) days.

The arbitrators and the umpire are not to be bound by any strict rules of legal procedure, evidence or legal precedents. They shall, however, be governed by the terms of this policy, and shall have no power to add to or change its provisions. Subject to this admonition, they shall interpret the relevant provisions of this policy as an honorable business agreement, and shall be entitled to decide, in accordance with such provisions together with the other materials submitted to them, what they think is the fair and right thing to be done between the parties from a business point of view, without favoring the interest of either party.

The Board shall make its award in writing within thirty (30) days after the close of the period, including any extension granted. described in paragraph (h) above.

If the Board fails .to make an award within the time prescribed by paragraph (j) above, then unless an extension is agreed to by the parties, a new arbitration shall be commenced and completed in accordance with the procedure set out in paragraphs (a) through (j) above.

The award of the Board signed by any two members shall be final, not subject to appeal and binding on all parties, including all insurers subscribing the policy and all insureds thereunder. The award shall be treated as a matter involving interstate commerce, and may be filed or confirmed in any court of competent jurisdiction, state or federal, and judgment thereon entered and enforced, in accordance with the law and practice of the forum.

/

I (m) Unless the Board decides otherwise, each party shall pay the expenses of the arbitrator appointed by or for it arbitration.

and one half of the other costs of (n) If an arbitrator or umpire is unable or unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place, in accordance with the provisions set forth above.

(o) All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing party shall send simultaneously a .copy thereof to the opposing party.'2.

This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under this policy, and which are first made in writing, against any insured on or after the effective date of this endorsement stated below.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuclear Energy Liability Pot';y (Facility Form) as des-ign ated hereon. N Insurn ce is

..'rded hereunder.

Jo ~ '.. Quattrocchi, Vice President.U a rw ng AAlenccA1 NUclMt lnsnrers 10 Effective Date of To form a par t of Po1icy No NF-185 this Endorsement Januar 1 1990 12:Ol A.M. Standard Time Issued to Florida Power 5 Li ht Com a Date of Issue Fehruar 16 1990 Por the su ribing c pant.es By PRESIDENT dorsement No 109 Countersigned by ilE-71 (1/1/90)

0

~Q I

t 5 e

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION CHANGES IN SUBSCRIBING COHPANIES AND IN THEIR PROPORI'IONATE LIABILITYENDORSEHENT CALENDAR YEAR 1990

l. It is agreed that with respect to bodily injury, property damage or environmental 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 below.

b. The policy shall be binding on such companies only.

c. Each such company shall be liable for its proportion of any obligation assumed or expense incurred under the policy because of such bodily ingury, property damage or environmental damage as designated below.

2. It is agreed that the effective period of this endorsement is from the beginning of the effective date of this endorsement stated below to the close of December

~m 31, 1990, or to the time of the termination or cancellation of the policy, sooner.

if

~

co m Aetna Casualty B Surety Co. 12.917337K (9 Aiiiant Insurance Carpany 1.515634K g Allstate Insurance Cocpany 5.535510K American Home Assurance Co. 0.692369K glo c Continental Casualty Coapany 5.341750K Continental Insurance Company 10.3338704 lg Federal Insurance Canpany 2.755699K General Ins. Co. of America 1. 722312X g

CL ~~~U g Hanover Insurance Ccapany Hartford Fire Insurance Co.

0.595059K 10.333870K Highlands Insurance Cccpeny 0.344462K Hans Indecni ty Cocpany Io ch a Ins. Co. of North America 1.614667K 7.750403K e o+< Hotors Insurance Corporation Ohio Casualty Insurance Co.

0.430578K 0.172231K Providence Washington Ins. Co.

0.19376m'.516694K Reliance Insurance Cerpany Royal Ins. Co. of America 3.616855K St. Paul Fire 8, Harine Ins. Co. 5.991922K State Farm Firm 4 Casualty Co.

g e~ s c:

.,Z~ Tokio Harine E Fire Ins. Co.

Transaner i ca Insurance Co.

0.861156X 0.516694K 0.861156K O

Travelers Indenni ty Ccepany 12.856195K U. S. Fire Insurance Cocpany 2.325121K U.S. Fidelity 8 Guaranty Co. 8.611558K Universal Underuriters Ins. Co. 0.172231K Zurich Insurance Cccpany 1.420907K Ql Total 100.000000K p NE.90 Effective Date of this Endorsement Janua 1 1990 To form a part of Policy No. NF-185 12:01 A. H. Standard time Issued to Florida Power 5 Li ht Com an e of Issue A ril 1 1990 For the Subscribing C 6panies, By ( I!',~=4'.,

President Endorsement No. 112 Countersigned by

h Nuctear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)

Effective August 20, 1988, the named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the construction, possession, or operation of the facility, or (b) arises out, of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and intervening causes, whether (iv) unforeseeable involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations from the if suit is instituted within three years date on which the claimant first knew, or reasonably could have known, of his bodily injury or.

property damage and the cause thereof.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2. The waivers set forth in paragraph l. above do not apply to ME-33b Page 1 of 3

, *

'4

(a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or required to be provided under any workmen' compensation or occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.

3 ~ The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms other than this endorsement; provided, however, that with respect to bodily injury or property damage resulting from an extraordinary nuclear occurrence, Insuring Agreement IV, "Application of Policy", shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty (20) years after the date of 'the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) ,the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

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

ME-33b Page 2 of 3

4 ~ Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury or property damage to which the policy applies as proof of financial protection.

5. As used herein:

"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

"Financial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means the person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

This is to certify that this is a true copy of the original Endorsement having the endorsement . umber and being made part of t . Nuclear Energy Liability Policy (Facility Form) as des-i ~ ~

irnati he~a-. No n. ra.=

o ar . hereunder.

John L. uattrocchi, Vice President. Underwriting American Nuciear Insurers hi E d August 20, 19&& To form a part of Policy No. MF-55 12t01 A.H. Standard time Issued to id Power 8 Li ht Com an Date of issue February 16, 1990 For the Subscribing Companies MUTUAL ATOMIC E%9KY LIABILITYUNDER By ndorsement No. Countersigned by ME-33b Page 3 of 3

~ ~

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY Effective August, 20, 1988, it is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT ME-33b 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 Nuclear Regulatory 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 Nuclear Regulatory Commission with respect to the nuclear reactor, and (3) the claimant is not employed in connection with the possession, storage, use or transfer of nuclear

'aterial at the facility.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuclear Energy Liability Polic (Facility Form) as des-ign'd hereon. No insurance is a .ded hereunder.

'

John Quat trocchi, ice President.Und hmerican Nuclear Insurers Effective Date of this Endorsement August 20, 1988 A.H. Standard

'2:Ol time To form a part of Policy No. ~

Issued to Power 8 Li ht Com an Date of issue February 16, 1990 For the Subscribing Companies MUTUAL ATOMIC ENEN'Y LIABILXTYUNDER By Endorsement No. Countersigned by ME-39b

l

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS Restriction of Com anies Obli ation to Defend Investi ate Ne otiate or Settle An Claim or Suit (Section 170 0. of the Atomic Energy Act of 1954, as amended)

Effective August 20, 1988, it is agreed that whenever, pursuant to subsection 170 0. of the Atomic Energy Act of 1954; as amended, an appropriate U.S. District Court determines that liability from a single nuclear incident may exceed the limit of liability under the applicable limit of liability under subsection 170 e.(1) (A), (B) and (C) of the Atomic Energy Act of 1954, as amended, the companies obligations under Insuring Agreement I, to defend, investigate, negotiate or settle any claim or suit. under the policy do not include any obligation that would necessitate or'esult in the companies incurring legal costs, including costs of initiating, prosecuting, investigating, settling, or defending claims or suits, which are not authorized for payment by a court pursuant, to such subsection 170 0.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part o< '.he Nuclear Energy Liability Pone! Facility Form) as des-i'-,.'t d hereon. No l ura ~ 'ereunder.

John .uattrocchi, Vice President Unde >ting American Nuclear insurers Effective Date of orsement August 20, 1988 12:01 A.H. Standard tltne To form a part of Policy No. ~

Issued to 8 Lj ht Com an ate of issue Febt'uat y 16, 1990 For the Subscribing Companies HUTUAL hTOKKC ENERGY LDtSILITY UNDER%LITERS By i~ I ndorsement No. Countersigned by HE-70

I!

NucIear Energy Liability Insurance MUTUAL ATOMIC ENERGY LlABIUTYUNOERNRITERS WA U 0 D EN ES E DORSEME (Extraordinary Nuclear Occurrence)

The named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the construction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii) unforeseeable assumption of risk, and intervening causes, whether (iv) involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations from the if suit is instituted within three years date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2 ~ The waivers set forth in paragraph 1. above do not apply to (a) bodily injury, property damage or environmental damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant:

NF.-33c (1/1/90) Page 1 of 3 n

f t

(b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear'ccurrence takes place if benefits therefor are either payable or required to be provided under any workmen' compensation or occupational disease law; (c) any claim for punitive or exemplary damages, provided. with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death- but not to exceed the maximum amount otherwise recoverable under law.

3 ~ The waivers set forth in paragraph l. above shall be effective only with respect to bodily injury, property damage or environmental damage to which the policy applies under its terms other than this endorsement: provided, however, that with respect to bodily injury, property damage or environmental damage resulting from an extraordinary nuclear occurrence, the provisions of COVERAGES A and C of the policy providing coverage for bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard and which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the policy period shall not operate to bar coverage for bodily injury, property damage or environmental damage (a) which is caused during 'he policy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty (20) years after the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which=- is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured:

(b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954. as amended: and (c) the limit of liability provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

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

ME-33c (1l1/90) Page 2 of 3

V

'4

4 ~ Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury, property damage or environmental damage to which the policy applies as proof of financial protection.

5. As used herein:

"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

nFinancial protection" and "nuclear incident" have, the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means the person or organization actually sustaining the bodily injury, property damage or environmental damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuclear Energy Liability Polic (Facility Form) as des-ign ted hereon. No Insurance is a ded hereunder.

Jo.. ttattchi, Arne n Nuclear lnsurers Effective Date of this Endorsement January 1, 1990 To form a part of policy No. NF-55 12r01 A.H. Standard tine Issued to & 'Cman f issue February 16, 1990 For the Subscribing Companies D t KEELL ATONIC BHBRGT LXASILXTT UNDBRQRITBRS By orsement No. Countersigned by ME-33c (1lll90) Page 3 of 3

M

4) g f

~

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing the application of paragraph OF DEFENSES ENDORSEMENT NE-33c with respect 2(b) of the WAIVER 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 b'een issued by the Nuclear Regulatory 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 Nuclear Regulatory Commission 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.

of the original This ls to certify that this ls a true copy number and being made part Endorsement having the endorsement (Facility Form) aq des-of he Nuclear Energy Liability'~Poli

~'rded Jahn

~,

igned hereon. No ~su Q

Quattrocchi, Vice President Under t u hereunder, American Nuclear Insurers Effective Date of this Endorsement January 1, 1990 To form a part or policy No. hip-SS 12r01 A.H. Standard time Issued to ri a Power 8 Li ht Com an Date of issue February 16, 1990 Por the Subscribing Companies HOTML ATONIC ElKEiY LXASILITT UNDER By Endorsement No. Countersigned by ME-39c (1/1/90)

~it l, ~

( I' H

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS AMENDATORY ENDORSEMENT (Facility Form)

It is agreed that:

INSURING AGREEMENT I,is replaced by the following:

I COVERAGE A - LIABILITY To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as covered damages because of bodily injury or property damage, or as covered environmental cleanup costs because of environmental damage. This Coverage applies only to bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period.

The companies shall have the right and duty to defend any claim or suit against the insured alleging such injury or damage, and seeking damages or costs which are payable under the terms of this policy; but the companies may make such investigation, negotiation and settlement of the claim or suit as they deem expedient.

The companies'uty to defend shall be limited, as described in INSURING AGREEMENT IV, if the claim or suit also seeks any of the following, which in no event shall be construed as covered by this policy:

(1) damages for on-site property damage:

,(2) recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs ~

(3) performance of an insured's environmental protection obligations or on-site cleanup obligations; or (4) any other relief or recovery except payment of covered damages or covered environmental cleanup costs.

The companies'uty to defend claims or suits ends when the limit of their liability has been exhausted pursuant to CONDITION 3.

-Subject to INSURING AGREEMENT IV, the companies shall pay, with respect to any claim or suit they defend, the costs incurred in the defense, including costs taxed against the insured in any such suit and interest on any judgment therein:

premiums on appeal bonds and bonds to release attachments in any such suit, but without obligation to apply for or furnish such bonds:

Eg (3) reasonable expenses, other than loss of earnings, incurred by the insured at the companies'equest.

COVERAGE B - DAMAGE TO PROPERTY OF AN INSURED AWAY FROM THE FACILITY With respect to property damage caused during the policy period by the nuclear energy hazard to the property of an insured which is away from the facility, to pay to such insured those sums which such insured would have been

"

legally obligated to pay as covered damages therefor, had such property belonged to another.

COVERAGE C - SUBROGATION - OFFSITE EMPLOYEES With respect to bodily injury caused, during the policy period by the nuclear energy hazard to any employee of an insured, and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period, to pay to the workmen's compensation carrier of such insured as follows:

All sums which such carrier would have been entitled to recover and retain as damages from another person or organization, had such person or organization alone been legally responsible for such bodily injury, by reason of the rights acquired by subrogation by the payment of the benefits, required of. such carrier under the applicable workmen's compensation or occupational disease law. An employer who is a duly qualified self-insurer under such law shall be deemed to be a workmen's compensation carrier within the meaning of this Coverage.

This Coverage does not apply to bodily injury tc any person who is employed at and in connection with the facility: nor shall it constitute workmen's compensation insurance as required under the laws of any state.

INSURING AGREEMENT II is replaced by the following:

II DEFINITION OF INSURED The unqualified word "insured" includes (a) the named insured and (b) any other person or organization with respect to his legal responsibility for covered damages or covered environmental cleanup costs because of bodily injury, property damage or environmental damage caused by the nuclear energy hazard.

Subdivision (b) above does not include as an insured the United States of America or any of its agencies, except the Tennessee Valley Authority.

Subject to CONDITION 3 and the other provisions of this policy, the insurance applies separately to each insured against whom claim is made or suit is brought.

2

V f'

INSURING AGREEMENT 1II is replaced b y th e following:

IXX DEFINITIONS Wherever used in this policy.

<<bodily in)ury<< means bodily incur , sick including death resultinresu t ng therefrom, sustained by any "covered or amages dama es<< means property da a e to damages hi h thi because oli of bodil i covered damages do not include environme "covered environmental cleanup costs" means onl environmental cleanup costs which are i ire tly g, es ng for, cleanin u neut ii extraordinary i o nuclear t 1 o

d ld o-it 1 ot

<<disposal site" means any structure, basin e

• premis r lace preppare d as a dum or site disposal of waste materialss oof a general nature, but which e use for the disposal of waste as e materials containing small amounts n s oof nuclear 1 material.

"environment" includes land, the at o es of water and natural res s, b.dies resources, whether'on, above or below f of the ground.

ow th e surface "environmental cleanup costs" include all go organization to undertake or pa y o oni ovine, e ting g contamination or below the surface of the groun ground.

<<environmental damage" means contamina n am nation of the environ-ment by nuclear material.

<<environmental p rotectiion obligations" include all obligaatioons of any person or organization (1) relating to the protection of t on or imminent danger of contamination, and (2) imposed b y an y governmental laws, regulations- or "extraordinary nuclear occurrence" occur means an event whi c h th e Un ited States Nuclear Re gulatory Commission has o be an, extraordinary nuclear occurrence as

I 8

defined in the Atomic Energy Act of 1954, or in any law amendatory thereof. "p "governmental" refers to federal, state and local governments and authorities, including courts, agencies and political subdivisions thereof.

"indemnified nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability insurance Association or Mutual Atomic Energy Liability Underwriters, or any other nuclear facility, if financial protection is required pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, with respect to any activities or operations conducted thereat.

"insured shipment" means a shipment of source material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, herein called "material,"

(1) to the facility from any location except an indemnified nuclear facility, but only if the transportation of the material is not, by predeter-mination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its transpor-tation, or (2) from the facility to any other location, but only until the material is removed from a transporting conveyance for any purpose other than the continuation of its transportation.

"nuclear energy hazard" means the radioactive, toxic, explosive or other hazardous properties of nuclear material, but only if the nuclear material is at the facility or has been discharged or dispersed therefrom without intent to relinquish possession or custody thereof to any other person or organization, or the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a) the territorial limits of the United States of America, its territories or possessions, or Puerto Rico; or (b) international waters or airspace, provided that the nuclear material is in the course of transportation between two points located within

lp V w

~l t

J

~,'

the territorial limits described in (a) above and there is no deviation in the course of the transportation for the purpose of going to any other country, state or nation, except for the purpose of going to or returning from a port or place of refuge as the result of an emergency.

<<nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Xnsurance Association or Mutual Atomic Energy Liability Underwriters. The term "nuclear facility" also means (1) any nuclear reactor, (2) any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b) processing or utilizing spent fuel, or (c) 'handling, processing or packaging waste, (3) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (4) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations.

"nuclear material" means source material, special nuclear material or byproduct material.

"nuclear reactor" means any apparatus designed or used to sustain nuclear fission or a self-sustaining chain reaction or to contain a critical mass of fissionable material.

"on-site cleanup costs" include all loss, cost or expense arising out of on-site cleanup obligations.

"on-site cleanup obligations" include all obligations of any person or organization, imposed by common law or otherwise, to undertake or pay for monitoring. testing for, cleaning up, neutralizing or containing contamination by nuclear material at the facility, whether the material is on, above or below the surface of the ground.

"on-site property damage" includes all property damage to any property at, the facility, whether the property is on, above or below the surface of the ground, other than aircraft, watercraft or vehicles licensed for highway use,

provided such aircraft, watercraft a or vehicles vehic are not used in connection with thee operation of the facility, "property damage" means physical incur to or or radioactive contamination of pro of los of o t of o i ]

t d d hil use b c ossibl s y so contaminated or be cause of imminent danger of contamination.

"source material," "s p ecial c a nuclear material," and c ma er al" have the meanin s iven Atomic Energy Act oof 1954 954, or in any law amendatory thereof.

"spent fuel" means any fuel element or f "the facility" means the facilit desc declarations and incl nc u d es the th location desi gnated in Item 3 of the declarationss an and aall property ro and operations at such location.

"transportation incident" means a discharge or dis th collision, upset a e p ace away from an nuclea it away from any disposal s e, and both occur of the transportation, includin handl inn i id t 1 th to.

"waste" means any waste material (1) containing byproduct material and (2) resulting from the operation by an e y nuc ear facility'ncluded within INSURING AGREEMENT IV iss rerep laced aced by b the following and Amendment of Coverage Endorsement forr Norkers orkers Claims (Facility Form)

IV LIMITED DEFENSE OF PARTIALLY COVERE COVERED CLAIMS OR SUITS The following provisions a 1 wit ti lly d c 1 a i 'or suit for which the duty to defend has been li ite d by m

m b INSURING c

AGREEMENT companies'1)

I:

The companies will defend the claim or s the companies and the first name insured mutually erent defense arrangement. By making

such a defense, the companies shall not be considered as having waived their rights under this policy to deny payment or reimbursement of the items not covered.

(2) As soon as practicable, the fi'rst named insured, acting on behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for handling the defense and sharing the costs thereof.

(3) The companies'hare of defense costs shall not exceed the portion of the'otal defense costs that represents the costs which would be reasonably and necessarily incurred in the defense of the claim or suit in the- absence of any claim or demand for the items not covered.

(4) The companies shall have a right to, contribution from the first named insured for all defense costs as they are incurred in excess of the amount of the companies'hare, including reimbursement by the first the named insured of all such excess costs paid by companies.

(5) If the companies and the first named insured cannot agree on the companies'hare of defense costs, the dispute shall be submitted, as a condition precedent to any right of recovery on this policy, to arbitra-tion for a final and binding resolution, as provided in Condition 19.

5~ In EXCLUSIONS (d) and (e), and in all endorsements to this policy relating thereto, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

6 ~ EXCLUSION (f) is replaced by the following exclusion:

[This policy does not apply:]

(f) to on-site property damage; 7 ~ In CONDITION 3, and in all endorsements to this policy modifying the dollar amount of the limit of liability stated in Item 4 of the declarations, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

8. In CONDITION 4, and in all endorsements to this policy modifying the dollar amount of the total aggregate liability of the companies with respect to a common occurrence:

(a) the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage": and (b) the words "bodily injury and property damage" are replaced by "bodily injury, property damage and environmental damage. "

9. In CONDITIONS 5, 11, 15 and 18, and in all endorsements to this policy relating thereto, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

10. CONDITION 19, DECLARATIONS, and CONDZTION 20, MUTUAL POLICY CONDITION, are renumbered CONDITIONS 20 and 21.

11. The following CONDITION is added to the policy:

19 ARBITRATION OF DISPUTES RELATING TO THE APPLICATION OF INSURING AGREEMENT IV All such disputes subject to paragraph (5) of INSURING AGREEMENT IV shall be submitted to a Board of Arbitration

{the "Board" ) for. a final and binding resolution of the dispute.

There shall be two parties to the arbitration: the first named insured, acting on behalf of all insureds as their duly authorized representative, and Nuclear Energy Liability Insurance Association, acting on behalf of the companies as their duly authorized representative.

Except to the extent the parties mutually agree otherwise, the following principles will apply:

(a') The arbitration will take place in New York, New York, and will be governed by the laws of the State of New York.

(b) Either party may begin the process of arbitration by giving notice to the other party in writing of its intention to do 'so and the name of the arbitrator that it has appointed.

(c) The other party shall then appoint in writing an arbitrator, and the arbitrators shall appoint in writing an umpire before they begin the arbitration.

The umpire shall act as chairman of the Board.

(d) If a party fails to name its arbitrator within thirty (30) days of the other party's written request that it do so, the requesting party may appoint an arbitrator for the party in default.

(e) If the two arbitrators fail to agree on the selection of an umpire within thirty (30) days after they have both been appointed, each .of them shall name two, of whom the other shall decline one. The choice shall be made by drawing lots.

(f) The arbitrators and umpire shall be executive officers or former executive officers of insurance companies licensed to do business in the United States or of organizations designated as the first named insured under a Nuclear Energy Liability Policy issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy ,Liability Underwriters: provided that the current employees of the following shall not be eligible for service

t

'1

~ 1 Cl

without the consent of both parties:

(1) any party or likely party to the underlying claim or suit:

(2} American Nuclear Xnsurers, MAERP Reinsurance Association or their members: or (3) any other insurer or reinsurer which has casualty insurance or reinsurance in force on any of the foregoing which may be materially affected by the Board's decision.

Within thirty (30) days after the appointment of the umpire, each party shall submit its case in writing to the Board.

The Board shall determine its rules of procedure, and the nature and extent of any discovery, testimony, examination or cross-examination of . witnesses and oral argument permitted. The decision of any two members of the Board shall be final and binding on all parties. All discovery, submissions of evidence, hearing of witnesses and argument shall be completed within sixty (60} days of the appointment of the umpire, provided the Board may grant one extension of thirty (30) days.

The arbitrators and the umpire are not to be bound by any strict rules of legal procedure, evidence or legal precedents. They shall, however, be governed by the terms of this policy, and shall have no power to add to or change its provisions. Subject to this admonition, they shall interpret the relevant provisions of this policy as an honorable business agreement, and shall be entitled to decide, in accordance with such provisions together with the other materials submitted to them, what they think is the fair and right thing to be done between the parties from a business point of view, without favoring the interest of either party.

The Board shall make its award in writing within thirty (30} days after the close of the period, including any extension granted, described in paragraph (h) above.

If the Board fails to make an award within the time prescribed by paragraph (j) above, then unless an extension is agreed to by the parties, a new arbitration shall be commenced and completed in accordance with the procedure set out in paragraphs (a) through (j) above.

The award of the Board signed by any two members shall be final, not subject to appeal and binding on all parties, including all insurers subscribing the policy and all insureds thereunder. The award shall be treated as a matter involving interstate commerce, and may be filed or confirmed in any court of competent jurisdiction, state or federal, and judgment thereon entered and enforced, in accordance with the law and practice of the forum.

lg 4

(m) Unless the Board decides otherwise, each party shall pay the expenses of the arbitrator appointed by or for it arbitration.

and one half of the other costs of (n) Xf an arbitrator or umpire is unable or unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place, in accordance with the provisions set forth above.

(o) All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing party shall send simultaneously a copy thereof to the opposing, party.

12. This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under this'olicy, and which are first made in writing against any insured on or after the effective date

'of this endorsement stated below.

This is to certify that this is a true copy of the original Endorsement having the endorsement number er an and b eing i ma d e part o se Nuclear Energy Liability Pot 'y {Facility Form) as des-igi ated hereon. N insurance is:.t orded hereunder.

Je ~ '.. Qu~ttrocchi, ice President.Un rw . S Amencan Nuctear Insurers 10 Effective Date of this Endorsement Januar 1, 1990 To form a part of Policy No. MF-55 Issued to P wer 8 Ll ht Com an Date of Issue Februar 16 1990 For the Subscribing Companies MUTUAL ATONIC EHERGY LIABILITYUND KtITERS By Endorsement No. Countersigned by Authorized Representative HE-71 (1lll90)

~ ~

II w

~

J

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS CHANGES IN SDBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITYENDORSEMENT CALENDAR YEAR 1990

l. It is agreed that with respect to bodily injury, property damage or environmental 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 below.

b. The policy shall be binding on such companies only.

c. Each such company shall be liable for its proportion, as designated below, of any obligation assumed or expense incurred under the policy because of

":,;-such bodily injury, property damage or environmental damage.

2. It is agreed that the effective period of this endorsement is from the beginning 70 g of the effective date of this endorsement stated below to the effective date that U another "Changes In Subscribing Companies And In Their Proportionate Liability e ~$ Endorsement" changes the Companies and/or their proportions as listed in this endorsement, or to the time of the termination or cancellation of the policy, sooner.

if e Po

u. H Ol Arkuright Hutual Insurance Company 21K Errployers Insurance of Wausau, A Hutual Canpany 21K Liberty Hutual Insurance Coapany L Mutual Casualty Company 30Z 2E'unbermens sc:u (y Qj 0

mn u) NOTICE OF AIDRIAL IEETINGS g Pe0 ~~ vh cI~ The arcual meetings of Arkuright The annal meetings of Eapioyers g Insurance Hutual Ccepany are held Insurance of Wausau A Hutual co U,g Q at its home office in Walthan, Cocpany, are held at its hcme Hassachusetts, on the second Wednesday office in Wausau, Wisconsin, on of March in each year, at ten-thirty the fourth Friday of Hay in each o'lock in the morning. year, at nine o'lock in the morning.

The arcual meetings of Liberty Mutual The annual meetings of Lmhermens jag)h Insurance Company are held at its home office in Boston, Hassachusetts, on the third Wednesday of April in each Mutual Casualty Conpany are held at its home office in Long Grove Illinois, on the third Tuesday of m U year, at ten o'lock in the morning. May in each year, at eleven o'lock

~ <<'5 m ' in the morning.

Q Ql ~op Effective Date of this Endorsement Janua 1 1990 To form a part of Policy No." MF-55 12:01 A.H. Standard time Issued to Florida Power 8 Li ht Com an Date of issue A ril 1 1990 For the Subscribing Companies MUTUAL ATOMIC GY LIABILITYUNDERVRIT S By Endorsement No. Countersigned by

0

/

t M

)

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY I IABILITYUNDERNRITERS WAIVER OF DEFENSES ENDORSEMENT (Extraordinary Nuclear Occurrence)

Effective August 20, 1988, the named insured, acting for himself and every other insured under the policy,, and the members of Nuclear Energy Liability Insurance Association agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which

{a) arises out of or results from or occurs in the course of the construction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and intervening causes, whether (iv) unforeseeable involving the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations from the if suit is instituted within three years date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2 ~ The waivers set forth in paragraph l. above do not apply to ME-33b Page 1 of 3

~P~g 1,

pk I

I

(a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or required to be provided under any workmen' compensation or occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.

3 ~ The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms other than this endorsement; provided, however, that with respect to bodily injury or property damage resulting from an extraordinary nuclear occurrence, Insuring Agreement IV, "Application of Policy", shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against -the insured not later than twenty (20) years after the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution "or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

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

ME-,33b Page 2 of 3

(ll, 4 ~ Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury or property damage to which the policy applies as proof of financial protection.

As used herein:

"extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

"Financial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means the person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

of the original This is to certify that this is a true copy and being made part number Endorsement having the endorsement Form) as des-Po'cy (Facility of the Nuclear Energy Liability hereunder.

is forded i ...deci hereon. No Insurance Q 'ng h L Qu+txoccht, xce resident U Axnencan huclear insurers this Endorsement ~"gus< 20 1988 To form a part of Policy No. NF-55 12r01 A.H. Standard time Issued to ida Power & Li ht Com an Date of issue February 16, 1990 For the Subscribing Companies MUTUAL ATOMIC 196K%[ LIABILITYUNDER By ndorsement No. 91 Countersigned by ME-33b Page 3 of 3

~ ~ ~

,

f

~'I

'I

'L 0

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY Effective August 20, 1988, it. is agreed that in construing the application of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT ME-33b 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 Nuclear Regulatory 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 Nuclear Regulatory Commission 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.

This is, to certify that this is a true copy of the original Endorsement having the endorsement number and being made part o the Nuclear Energy Liability

- .-

P;y

'"

(Facility Form) as des.

igt ~ted hereon. N ln rded hereunder.

Johi.. Quattrocchi, Vice President.Underwnung American Nuclear Insurers Effective Date of this Endorsement August 20, 1988 A.H. Standard

'2rOI tiae To form a part of Policy No. ~

Issued to Power 5 L1 ht Com aII Date of issue February 16, 1990 For the Subscribing Companies MUTUAL ATOHIC EN1KGY LIhBILITTUNDER By Endorsement No. Countersigned by ME-39b

(,

Nuclear Energy Liabiiity Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS Restriction of Com anies Obli ation to Defend Investi ate Ne otiate or Settle An Claim or Suit (Section 170 0. of the Atomic Energy Act, of 1954, as amended)

Effective August 20, 1988, it is agreed that whenever, pursuant to subsection 170 0. of the Atomic Energy Act of 1954; as amended, an appropriate U.S. District Court determines that liability from a single nuclear incident may exceed the limit of liability under the applicable limit of liability under subsection 170 e.(1) (A), (B) and (C) of the Atomic Energy Act of 1954, as amended, the companies obligations under Insuring Agreement I, to defend, investigate, negotiate or settle any claim or suit under the policy do not include any obligation that would necessitate or result in the companies incurring legal costs, including costs of initiating, prosecuting, investigating, settling, or defending claims or suits, which are not authorised for payment by a court pursuant to such subsection 170 0 ~

n 'h This is to certify that this is a true copy of the original dorsement number and being made

's Poli j (FaciTity Form)'s des-es-part of the Nuclear Energy Liability 's a 'ded hereunder.

ign tedd hereon.

h . Noo nsur ro Quattracchi, lce President Unue Joh.

Amerlcan Nuciear Insurers Effective Date of s Endois~men~ August 20, 1988 12rol A.M. Standard time To form a part of Policy No. ~$ 5 Issued to 8 L ht Com an Date of issue February 16, 1990 Por the Subscribing Companies HOTEL hTOMXC ENERGY LIhBILXTTUNDERVRITERS By ndorsement No. Countersigned by HE-70

n I

r

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS W V 0 FENSES E DORSEM (Extraordinary Nuclear Occurrence)

The named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the construction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii)

(iv) assumption of risk, and unforeseeable intervening causes, whether involving the conduct of a third person, or an act of God, (2) any issue or defense as to. charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations from the if suit is instituted within three years date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof.

The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2. The waivers set forth in paragraph 1. above do not app

~ ap ly to (a) bodily injury, property damage or environmental damage which is intentionally sustained by the claimant'r which results from a nuclear incident intentionally and wrongfully caused by the claimant; ME-33c (1/1/90) Page 1 of 3

i/i (b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or required to be provided under any workmen' compensation or occupational disease law:

(c) any claim for punitive or exemplary damages, provided. with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under law.

3 ~ The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury, property damage or environmental damage to which the policy applies under its terms other than this endorsement: provided, however, that with respect to bodily injury, property damage or environmental damage resulting from an extraordinary nuclear occurrence, the provisions of COVERAGES A and C of the policy providing coverage for bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard and which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the policy period shall not operate to bar coverage for bodily injury, property damage or environmental damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty (20) years after the date of the extraordinary nuclear occurrence.

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured:

(b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant, to Section 170 of the Atomic Energy Act, of 1954. as amended: and (c). the limit of liability provisions of Subsection 170e.

of the Atomic Energy Act of 1954, as amended.

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

NE-33c (1/1/90) Page 2 of 3

v+

0

)'

4, Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury, property damage or environmental damage to which the policy applies as proof of financial protection.

5. As used herein:

"extraordinary nuclear occurrence" means an event wh'ich the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

"Financial protection" and "nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended.

"claimant" means the person or organization -actually sustaining the bodily i.njury, property damage or environmental damage and also includes- his assignees, legal representatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

original This is to certify that this is a true copy of the made part Endorsement having the endorseme t number and being of the Nuclear Energy Liability'. Pol'Facility Form) as des-

' hereunder.

ign, ted hereon. No st .

I ttaamcs ~

Joht. Quattrocchi, Vice President. Underwriting American Ht ctear tnsurers Effective Date of January 1,,1990 this Endorsement ro form a part of Policy No. Np-SS 12t01 A.H. Standard tine Issued to & 'Cman February 16, 1990 For the Subscribing Companies HOTtM. ATOMIC HNHRGY LIhsILITY GNDERQRITERS By orsement No. Countersigned by ME-33c (1/1/90) Page 3 of 3

fv h

' I Q =

Sg o C. '> ~

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABIIITY UNDERWRITERS SUPPLEMENTARY ENDORSEMENT MAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing the application of paragraph ENDORSEMENT NE-33c with respect 2(b) of the WAIVER OF DEFENSES 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 Nuclear Regulatory Commission shall not be considered as employed in connection with the activity where the extraordinary nuclear occurrence taRes place if:

(1) the claimant is employed exclusively in connection with the construction of a nuclear reactor, including, a11 related equipment and installations at the facility, and (2) no operating license has been issued by the Nuclear Regulatory Commi s s i on 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.

This ts to <etta that t4h ia g t~e ppyp g (he, 9yjya)

Endorsernent havin9 the epgogqq~erlit n~pqjayf Iqq igna kaid }t raAn, NO, 'g >,,r of ate Nuclear Energy Llptbjigy pQy pyR!gy, @gg) pre hgcgqfjj g

~agp gag

$pg John ~ Quattrocchi, Ytce Piesidetll UAt10fWiiliHg American Nuclear lnsurers Effective Date of this Endorsement To form a parr of Policy No. IIF-55 12:01 A.M. Standard time Issued to rida Power ft Li ht Com an Date of issue February 16, 1990 Por the Subscribing Companies MUTML ATOMIC ENERGY LIABILITYUNDER By Endorsement No. 95 Countersigned by ME-39c (1/1/90)

N p

K

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS AMENDATORY ENDORSEMENT (Facility Form)

It is agreed that:

INSURING AGREEMENT I is replaced by the following:

I COVERAGE A LIABILITY To pay on behalf of the insured all sums which the insured shall become legally obligated: to pay as covered damages because of bodily injury or property damage, or as covered environmental cleanup costs because of environmental damage. This Coverage applies only to bodily injury, property damage or environmental damage caused during the policy period by the nuclear energy hazard, and which is discovered and for which written claim is made against the insured. not later than ten (10) years after the end of the policy period.

The companies shall have the right and duty to defend any claim or suit against the insured alleging such injury or damage. and seeking damages or costs which are payable under the terms'of this policy: but the companies may make such investigation, negotiation and settlement of the claim or suit as they deem expedient.

The companies'uty to defend shall be limited, as described in INSURING AGREEMENT IV, if the claim or suit also seeks any of the following, which in no event shall be construed as covered by this policy:

(1) damages for on-site property damage:

(2) recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs:

(3) performance of an insured's environmental protection obligations or on-site cleanup obligations; or (4) any other relief or recovery except. payment. of covered damages or covered environmental cleanup costs.

The companies'uty to defend claims or suits ends when the limit of their liability has been exhausted pursuant to CONDITION 3.

"Subject to INSURING AGREEMENT IV, the companies shall pay, with respect to any claim or suit they defend, the costs incurred in the defense, including (1) costs taxed against. the insured in any such suit and interest on any judgment therein:

(2) premiums on appeal bonds and bonds to release attachments in any such suit, but, without obligation to apply for or furnish such bonds;

hq (3) reasonable expenses, other than loss of earnings, incurred by the insured at, the companies'equest.

COVERAGE B - DAMAGE TO PROPERTY OF AN INSURED AWAY FROM THE FACILITY With respect to property damage caused during the policy period by the nuclear energy hazard to the property of an insured which is away from the facility, to pay to such insured those sums which such insured would have been legally obligated to pay as covered damages therefor, had such property belonged to another.

COVERAGE C - SUBROGATION - OFFSITE EMPLOYEES With respect to bodily injury caused during the policy period by the nuclear energy hazard to any employee of an insured. and which is discovered and for which written claim is made against the insured, not later than ten (10) years after the end of the policy period, to pay to the workmen's compensation carrier-of such insured as follows:

All sums which such carrier would have been entitled to recover and retain as damages from another person or organization, had such person or organization alone been legally responsible for such bodily injury, by reason of the rights acquired by subrogation by the payment of the benefits required of such carrier under the applicable workmen's compensation or occupational disease law. An employer who is a duly qualified self-insurer under suc su h 1 a w shall be deemed to be a workmen's compensation carrier within the meaning of this Coverage.

This Coverage does not apply to bodily injury tc any person who is employed at and in connection with the facility: nor shall it constitute workmen's compensation insurance as required under the laws of any state.

INSURING AGREEMENT II is replaced by the following,:

II DEFINITION OF INSURED The unqualified word "insured" includes (a) the named insured and (b) any other person or organization with respect to his legal responsibility for covered damages or covered environmental cleanup costs because of bodily injury, property damage or environmental damage caused by the nuclear energy hazard.

Subdivision (b) above does not include as an insured the United States of America or any of its agencies, except the Tennessee Valley Authority.

Subject to COND1TION 3 and the other provisions of this policy, the insurance applies separately to each insured against whom claim is made or suit is brought.

gl' INSURING AGREEMENT III is replacede b y tht e following:

III DEFINITIONS Wherever used in this policy.

"bodily injury" means bodil y innjury, u sickness or disease, includinng death ea resulting e therefrom sustainne d b y any person.

"covered damages" means damages because of bodil or property damage to which this olic covered damages do not o include nc u e environmental en cleanup costs

>> covered environmental cleanup costs" means onl environmental cleanup costs which c are incuxred directly es ng or, cleanin u , neut containing environmental d "disposal site" means any structure, basin e premises or place prepa pare d as a dum disposal of waste materials of a e ox'it e use for the disposal of waste as e materials containing small amountss oof nuclear 1 material.

"environment" includes land, thee atmosphere, a and all o es of water and natural resources, whether on, above or below e ow th e surface of the ground.

>>environmental cleanup costs" include al 1 loss, cost or o any governmental decree, ordex or directive ( o th er than an award oof covered damages in an action at 1 aw)) requiring or re uestin organization to undertake or pa for, cleaning up neutralizing or io t hth ground.

>>environmental damage" means contaminat ment by nuclear material "environmental p rotectction obligations" include all o ga ons;of any person or organization (1) x'elating to the protection oof thee environment e from i

contamination or immm nent danger of contamination, and (2) imposed b y an y governmental laws, regulations or "extraordinary nuclear occurrence" means an event which g latory Commission has o e an extraordinary nuclear occurrence as

tf E,

pl t'

defined in the Atomic Energy Act of 1954, or in any law amendatory thereof.

"governmental" refers to federal, state and local governments and authorities, including courts, agencies and political subdivisions thereof.

"indemnified nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters, or (2) any other nuclear facility, if financial protection is required pursuant to the Atomic Energy Act, of 1954, or any law amendatory thereof, with respect to any activities or operations conducted thereat.

"insured shipment" means a shipment of source material.

special nuclear material, spent fuel, waste, or tailings.

or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, herein called "material,"

(1) to the facility from any location except an indemnified nuclear facility, but only if transportation of the material is not by predeter-the mination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuation of its transpor-tation, or (2) from the facility to any other location, but only until the material is removed from a transporting conveyance for any purpose other than the continuation of its transportation.

"nuclear energy hazard" means the radioactive, toxic, explosive or other hazardous properties of nuclear material, but only if the nuclear material is at the facility or has been discharged or dispersed therefrom without intent to relinquish possession or custody thereof to any other person or organization. or (2) the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a) the territorial limits of the United States of America, its territories or possessions, or Puerto Rico; or (b) international waters or airspace, provided that the nuclear material is in the course of transportation between two points located within

I, j t't

'I II

the territorial limits described in (a) above and

~

there is no deviation in the course of the transportation for the purpose of going to any other country, state or nation, except for the purpose of going to or returning from a port or place of refuge as the result of an emergency.

"nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters. The term "nuc1ear facility" also means (1) any nuclear reactor, (2) any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b) processing or utilizing spent fuel, or (c) handling, processing or packaging waste, (3) any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235, (4) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste, and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for"such operations.

"nuclear material" means source material, special nuclear material or byproduct material.

"nuclear reactor" means any apparatus designed or used to sustain nuclear fission or a self-sustaining chain reaction or to contain a critical mass of fissionable material.

"on-site cleanup costs" include all loss, cost or expense

.arising out of on-site cleanup obligations.

"on-site cleanup obligations" include all obligations of any person or organization. imposed by common law or otherwise, to undertake or pay for monitoring, testing for, cleaning up. neutralizing or containing contamination by nuclear material at the facility, whether the material is on, above or below the surface of the ground.

"on-site property damage" includes all pioperty damage to any property at the facility, whether the property is on.

above or below the surface of the ground, other than aircraft, watercraft or vehicles licensed for highway use,

%(

provided such aircraft, watercraft or vehic sed i o tio with th e operation of the facility.

"property damage" means physical incur to o or radioactive contami of property so in'jured, destroyed ti es ro e or contaminated, and er y w le evacuated o y so contaminated or b ecause of imminent danger of contamination.

"source material," "s p ecial c a nuclear material," and c ma er al" have the meanin s Ato ic E Ac t o of 1954, 1954 or in any law amendatory thereof.

"spent fuel" means an y fuel1 element e or fuel component, quid, which has been used or exposed ex os to radiation in any nucleax reactor.

"the facility" means the facilit d 1 tio d inc 1 u d es the location desi gnated in Item 3 of the declarations and all p r operty and opexations at "transportation incident" means a dischar e or dis collision or upset of thee trans or ransporting conveyance, or an a breaks open, punctures or ruptures the inment thereon: but only if e scharge or dis p ersal a nd the collision, upset en a e place away from an y nuclear facility and sposa of the transportation, includin han i

site, and both occur n the course i id t 1 th to "waste" means any waste material (1) containing byproduct material and (2) 2 resulting from the o peration eration by any person or a za on of any nuclear facility included vithin e ef inition of nuclear facility (1) or (2) thereof.

it faci 1 under paragraph 4 ~ IINSURING AGREEMENT IV is replacedd b th~ folio i d Amendment of or Workers Claims (Facility Form)"

IV L1MITED DEFENSE OF PARTIALLY COVERE D CLAIMS OR SUITS The following provisions a 1 w ti 11 e d c a i 'or suit for which th e duty to defend has been li ite d by INSURING 1 m m

companies

AGREEMENT I:

(1) The companies will defend the claim or s the companies and the first nam insured mutually erent defense arrangement. By making

I such a defense, the companies shall not be considered as having waived'heir rights under this policy to deny payment or reimbursement of the items not covered.

(2) As soon as practicable, the first named insured, acting on behalf of all insureds, and the companies shall endeavor to reach an equitable arrangement for handling the defense and sharing the costs thereof.

(3) The companies'hare of defense costs shall not exceed the portion of the total defense costs that represents 'the costs which would be reasonably and necessarily incurred in the defense of the claim or suit in the absence of any claim or demand for the items not covered.

(4) The companies shall have a right to .contribution from the fir'st named insured for all defense costs as they are incurred in excess of the amount of the companies'hare, including reimbursement by the first named insured of all such excess costs paid by the companies.

(5) If the companies and the first named insured cannot agree on the companies'hare of defense costs, the dispute shall be submitted, as a condition precedent.

to any right of recovery on this policy, to arbitra-tion for a final and binding resolution, as provided in Condition 19.

5. In EXCLUSIONS fd) and (e), and in all endorsements to this policy relating thereto, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

6. EXCLUSION (f) is replaced by the following exclusion:

[This policy does not apply: )

(f) to on-site property damage;

7. In CONDITION 3, and in all endorsements to this policy modifying the dollar amount of the limit of liability stated in Item 4 of the declarations, the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage."

8. In CONDITION 4, and in all endorsements to this policy modifying the dollar amount of the total aggregate liability of the companies with respect to a common occurrence:

(a) the words "bodily injury or property damage" are replaced by "bodily injury, property damage or environmental damage"; and (b) the words "bodily injury and property damage>> are replaced by "bodily injury, property damage and environmental damage."

k' 9~ In CONDITIONS 5, 11> 15 and 18, and in all endorsements to this policy relating thereto, the words "bodily in)ury or property damage" are replaced by "bodily injury, property damage or environmental damage."

10. CONDITION 19, DECLARATIONS, and CONDITION 20, MUTUAL POLICY CONDITION, are renumbered CONDITIONS 20 and 21.

The following CONDITION is added to the policy:

19 ARBITRATION OF DISPUTES RELATING TO THE APPLICATION OF INSURING AGREEMENT IU All such disputes sub)ect to paragraph (5) of INSURING AGREEMENT IV shall be submitted to a Board of Arbitration (the "Board" ) for, a final and binding resolution of the dispute.

There shall be two parties to the arbitration: the first named insured, acting on behalf of all insureds as their duly authorized representative, and Nuclear Energy Liability Insurance Association, acting on behalf of the.

companies as their duly authorized representative.

Except to the extent the parties mutually agree otherwise, the following principles will apply:

(a) The arbitration will take place in New York, New York, and will be goveined by the laws of the State of New York.

(b) Either party may begin the process of arbitration by giving notice to the other party in writing of its intention to do so and the name of the arbitrator that it has appointed.

(c) The other party shall then appoint in writing an arbitrator, and the arbitrators shall appoint in writing an umpire before they begin the arbitration.

The umpire shall act as chairman of the Board.

(d) If a party fails to name its arbitrator within thirty (3Q) days of the other party's written request that it do so, the requesting party may appoint an arbitrator for the party in default.

(e) If the two arbitrators fail to agree on the selection of an umpire within thirty (3Q) days after they have both been appointed, each of them shall name two, of whom the other shall decline one. The choice shall be made by drawing lots.

(f) The arbitrators and umpire shall be executive officers or former executive officers of insurance companies licensed to do business in the United States or of organizations designated as the first named insured under a Nuclear Energy Liability Policy issued by Nuclear Energy Liability Insurance

'e Association or Mutual Atomic 'Energy Liability Underwriters; provided that the current employees of the following shall not be eligible for service

without the consent of both parties:

(1) any party or likely party to the underlying claim or suit; (2) American Nuclear Insuxers, MAERP Reinsurance Association or their members: or (3) any other insurer or reinsurer which has casualty insurance or reinsurance in force on any of the foregoing which may be materially affected by the Board's decision.

Within thirty (30) days after the appointment of the umpire, each party shall submit its case in writing to the Board.

The Board shall determine its rules of procedure, and the nature and extent of any discovery, testimony, examination or cross-examination of witnesses and oral argument permitted. The decision of any two .

members of the Board shall be final and binding on all parties. All discovery, submissions of evidence, hearing of witnesses and argument shall be completed within sixty (60) days of the appointment of the umpire. provided the Board may grant one extension of thirty (30) days.

The arbitrators and the umpire are not to be bound'y any strict rules of legal procedure, evidence or legal precedents. They shall, however, be governed by the terms of this policy, and shall have no power to add to or change its provisions. Subject to this admonition, they shall interpret the relevant provisions of this policy as an honorable business agreement, and shall be entitled to decide, in accordance with such provisions together with the other materials submitted to them, what they think is the fair and right thing to be done between the parties from a business point of view, without favoring the interest of either party.

The Board shall make its award in writing within thirty (30) days after the close of the period, including any. extension granted, described in paragraph (h) above.

If the Board fails to make an award within the time prescribed by paragraph (j) above, then unless an extension is agreed to by the parties, a new arbitration shall be commenced and completed in accordance with the procedure set out in paragraphs (a) through (j) above.

The award of the Board signed by any two members shall be final, not subject to appeal and binding on all parties, including a11 insurers subscribing the policy and all insureds thereunder. The award shall be treated as a matter involving interstate commerce, and may be filed. or confirmed in any court of competent jurisdiction, state or federal, and judgment thereon entered and enforced, in accordance with the law and practice of the forum.

I If I

(m) Unless the Board decides otherwise, each party shall pay the expenses of the arbitrator appointed by Qr for it arbitration.

and one half of the other costs of (n) lf an arbitrator or umpire is unable or unwilling to act, a new arbitrator or umpire, as the case may be, shall be appointed to act in his or her place, in accordance with the provisions set forth above.

(o) All materials relevant to the arbitration shall be submitted to the Board in triplicate and the filing party shall send simultaneously a copy thereof to the opposing, party.

This endorsement. applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under this policy, and which are first made in writing against any insured on or after the effective date

'of this endorsement stated below.

This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuclear Energy Liability Pr cy (Facility Form) as des-i'atcd hereon. N- In ""--"" 'orded hereunder.

O~

Jo, ~ L Quattrocchi, Vice President.Un envnting American Nuclear lnsurers 10 Effective Date of this Endorsement Januar 1, 1990 To form a part of Policy No. MF-55 Issued to P wer It Li ht Com an Date of Issue Februat 16 1990.

For the Subscribing Companies MUTUAL ATONIC EHERGT LIABILITYUND WRITERS By En orsement No. Countersigned by Authorized Representative ME-71 (1/1/90)

~ ~

I U

Jf 1 w 0

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS CHANGES IN SUBSCRIBING COHPANIES AND IN THEIR PROPORTIONATE LIABILIT'YENDORSEMENT CALENOAR YEAR 1990

l. It is agreed that with respect to bodily injury, property damage or environmental 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 below.

b. The policy shall be binding on such companies only.

c. Each such company shall be liable for its proportion, as designated below, of any obligation assumed or expense incurred under the policy because of such bodily injury, property damage or environmental damage.

It is agreed that the effective period of this endorsement is from the beginning of the effective date of this endorsement stated below to the effective date that I Qu Endorsement" another "Changes In Subscribing Companies And In Their Proportionate Liability w P5 changes the Companies and/or their proportions as listed in this

~

6 Q) endorsement, or to the time of the termination or cancellation of the policy, if Q 'Q ~~ sooner.

Arkuright Mutual Insurance Coapany 21K Enpioyers Insurance of Wausau, A Hutual Company 21K IL Liberty Mutual Insurance Coepany 2$

A Hutual Casualty Company 30K.'unbermens Q

a)

Q Q f4 NOTICE OF NMIAL IEETINGS C The arnuai meetings of Arkuright The nnrmai meetings of Eapioyers Insurance Hutual Cocpany are held Insurance of Wausau A Mutual at its home office in Walthsn, Cocpany, are held at its home Massachusetts, on the seccnd Wednesday office in Wausau, Wisconsin, on of March in each year, at ten-thirty the fourth Friday of Hay in each c v Q o'lock in the morning. year, at nine o'lock in the mornirg.

The equal meetings of Liberty Hutual The annual meetings of Lunbermens Insurance Company are held at its home Mutual Casualty Company are held .

office in Boston, Hassachusetts, on at its home office in Long Grove the third Wednesday of April in each Illinois, on the third Tuesday of year, at ten o'lock in the morning. Hay in each year, at eleven o'lock

~ ~ W Q) in the morning.

Effective Date of this Endorsement Janua 1 1990 To form a part of Policy No. MF-55 12:01 A.H. Standard time Issued to F1orida Power & Li ht Com an Date of issue A ril 1 1990 For the Subscribing Companies MUTUAL ATOMIC GY LIABILITYUNDERMRIT S By Endorsement No. 99 Countersigned by

0

~i I (j

'g.

9(}

Nuclear Energy LIabillty Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION

'NDORSEMENT TO CERTIFICATE NO. ""~~

Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

It is agreed that effective August 20, 1988:

I.) Subparagraph (c) on Page 1 of the certificate is amended to read as follows:

(c) to bodil in'u or ro ert dama e with respect to which the rimar financial iwould apply but for

'

i (i) exhaustion of its limit of liability as

~

described in Condition 6 of the Master Policy, or the application of Insuring Agreement IV, "Application of Policy" of the ~rimaxr.

financial rotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear

'reactor described in Item 3 of the .Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the certificate period stated in Item 6 of the Declarations. However, this subparagraph (3) shall not operate to bar coverage for bodil in'u or ro ert dama e caused by an extraordina nuclear occurrence.

II.) Item 4.(b) of the certificate is deleted.

III.) Item 7. of the certificate is amended to read as follows:

NE-S-14 Page. 1 of 2

Item 7. Maximum retros p e ctive premium (exclusive of t ll a ovance for pr e mium taxes) payable pursuant o Conditionn 2 of the Master Policy respect to eac i

v'th ach nuclear incident: $ 51,266,250.

ORIGINAL COPY OF THE T THIS IS A TRUE HEREON FOR GER DESIGNATED POLICY-NUCLEAR ENERGY NDER THE t'I@STER PROTECTION) NO CIAL I

INSURANCE (SECONDARY FIN N LIABI ITY IS CO AFFORD -0 BY INSUR lNCE IS JOH .. QUA~. O C, SID'ENT-UNDERVIRITING VICE PH INSURERS AMERICAN NUCLEAR Bffective Date of August 20, 1988 To form a part of Certificate No. " 25 12:01 A. H. Standard time

\

Issued to Florida Power 8 Light Company Date of Issue Harch 23, 1990 For the S s ribing C anies, By esident Bndorsement No. Countersigned by NE-S-l4 Page 2 of 2

)

• I

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N"25 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITYINSURANCE (Secondary Financial Protection) 1 In paragraph (c) on Pages 1 and 2 of the certificate, and in all

~

endorsements to the certificate relating thereto, the words "bodily injury or property damage" are amended to read "bodil in ur , ro ert dama e or environmental dama e".

2 ~ This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.

ii" '

')

~"'". "S TO CI"3'r!~v THAT THIS IS A TRUE Ci" Y OF THE ORIGINAL Ci" AGATE, BEAi:,II'IQ TI.il; NUMBER DES'I", HEREOt'~, FOR

..* '"t'O'-'OVEP~,~E UNDER THE MASTt.: t "<.; "CY'NUCLt".AR ENERGY I

'

"" ~ttSURANCE (SECONDARY FINP CI~.L PROTECTIOt~Ã i'40 I~ AFFORDE~ B~r'e r

~i'il~

tQCC

)ENT-UNDERWRITING

'",,

.;,;>>It NUCLEAR INSURERS Effective Date of this Endorsement Januar 1, 1990 To form a part of Certificate Ho.

12:01 A. N. Standard time Issued to F1arida Power 8 Light Company Date of Issue March 23, 1990 For the Sobs ribing Com anies, By Endorsement No. 16 Countersigned by HE-S-18 (1/1/90)

H e ~ ~ ~

NucIear Energy LlabIlity Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. "-25 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

It is agreed that effective August 20, 1988:

I.) Subparagraph (c) on Page 1 of the certificate is amended to read as follows:

(c) to bodil in'u or ro ert dama e P

with respect to which the rimar financial would apply but for (i) exhaustion of its limit of liability as described in Condition 6 of the Master Policy, or the application of Insuring Agreement IV, "Application of Policy" of the ~rimar financial rotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10) years after the'nd of the certificate period stated in Item 6 of the Declarations. However, this subparagraph (3) shall not operate to bar coverage for bodil in'u or ro ert dama e caused by an extraordina nuclear o'ccurrence.

II.) Item 4.(b) of the certificate is deleted.

III.) Item 7.-. of the certificate is amended to read as follows:

NE-S-14 Page 1 of 2

Item 7. Maximum retrospective premium (exclusive for premium taxes) payable pursuant of'llowance to Condition 2 of the Master Policy with respect to each nuclear incident: $ 51.,266,250.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATEBEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY LIABILTY INSURANCE'(SECONDARY FINA CIAL PROTECTION). NO INSUR NCE IS AFFORDED BY THIS COP'0H

. i~tC VICE Ph SIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Bffective Date of August 20, 1988 To form a part of Certificate No. ""~5 12:01 A. H. Standard time Issued to Florida Power 8 Light Company Date of Issue March .23, 1990 por the S s ribing C anies, By esident ndorsement No. Countersigned by NE-S-14 'Page 2 of 2

I spica.

I 8

~

I5 p

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILlTYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-25 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITYINSURANCE (Secondary Financial Protection) .

In paragraph (c) on Pages 1 and 2 of the certificate, and in all endorsements to the certificate relating thereto, the words "bodily injury or property damage" are amended to read "bodil in 'ur , ro ert dama e or environmental dama e".

2 ~ This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after. the effective date of this endorsement stated below.

~g v'-!,gifiijul

-e~ 6 ytp gr-""ito-r"'" '-':

' "~Ur COpY Op tHprgl" tm~~~!FraE, . '. ~

'... t:"-,~iGNATED HPb

'" .'t "" . r E>'pPNStt. QY tits.gaCSCC a:G:-;

~~Ri 4), 'Cia PROT .'N gag gyiggt,,g'.

'::"-' 'U I

MR %gg ~~a~~~'.

,Kyp, QQ'f;i >it-:

vIGE~tANT-.N'!J:-'~""'~%9 wu~wmeWKL@9I)$3CK9 Effective Date of this Endorsement Januar 1, 1990 To form a part of Certificate No.

12t01 A. N. Standard time Issued to F1orida Power 5 Light Company Date of Issue Narch 23, 1990 Por the Subs ribing Cem anies,

(,

Endorsement No. 16 Countersigned by HE-S-18 (1/i)90)

I' 0

e~ ~ '

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-26 Forming Part of Master'Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

It is agreed that effective August 20, 1988:

I.) Subparagraph (c) on Page 1 of the certificate is amended to read as follows:

(c) to bodil in'u or ro ert dama e (1) with respect to which the rimar financial would apply but for (i) exhaustion of its limit of liability as described in Condition 6 of the Master-Policy, or the application of Insuring Agreement IVI "Application of Policy" of the ~rimar financial rotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and I

(2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the certificate period stated in Item 6 of the Declarations. However, this subparagraph (3) shall not operate to bar coverage for bodil in'ur or ro ert dama e caused by an extraordina nuclear occurrence.

II.) Item 4.(b) of the certificate is deleted.

III.) Item 7. of the certificate is amended to read as follows:

NE-S-14 Page 1 of 2

Item 7. Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with respect to each nuclear incident: $ 5].,266,250.

COPY OF THE ORIGINAL THIS IS TO CERTIFY THAT THIS IS A TRUE DESIGNATED HEREON, FOR CERTIFICATE, BEARING THE NUMBER POLICY-NUCLEAR ENERGY INSURANCE COVERAGE UNDER THE MASTER FIN CIAL PROTECTION). NO LIABILTY INSURANCE (SECONDARY BY COP INSUR tICE IS AFFORDE.

/

ZUA~i<<CC 'I E PRtSIDENT-UNDERWRITING AMERICAN NUCLEAR INSL<RERS Effective Date of ndorsement August 20, 1988 To form a part of Certificate No.

12:01 A. H. Standard time Issued to F1orida Power 5 Light Company Date of Issue Harch 23, 1990 Por the S bs ribing C anies, I

By esident Endorsement No. Countersigned by NE-S-14 Page 2 of 2

1%,

J a

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. tI-26 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITYINSURANCE (Secondary Financial Protection) 1 In paragraph (c) on Pages 1 and 2 of the certificate, and in all

~

endorsements to the certificate relating thereto, the words "bodily injury or property damage" are amended to read "bodil in ur , ro ert dama e or environmental dama e".

2 ~ This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any. insured on or after the effective date of this endorsement stated below.

'P s, <"'I" >OPY OF THE ORIGINAL TPe IS TA CERTIFY THAT TH5 "

INANE'"D HEREoiI, F0R c'.;i'iFIci'<FE, BEARING THE Ntl.'.. . -

"'i',",." i'iA,"-"ER POLICY-NUCLEAR ENERGY II:BUR.'i"4E COVERAGE UNDER FI~i".ACIAL PROTECTION). NO L!:ii.I TY I..'IQURV>CE tSECONV)AAY

~ ~

JCHN . QI 'ATTROCCHI i

VICE PRESIDENT-UNOERV<RITING AMERICAN NLICLEAR liNSURERS Effective Date of ""26 this Endorsement January 1, 1990 To form a part of Certificate No.

12i01 A. H. Standard time Issued to Florida Power & Light Company Date of Issue March 23, 1990 For the Subs ribing Com anies, Endorsement No. 16 Countersigned by NE-S-18 (1/1/90)

P Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-26 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

It is agreed that effective August 20, 1988:

I.) Subparagraph (c) on Page 1 of the certificate is amended to

'b read as follows:

(c) to bodil in'u or ro ert dama e with respect to which the rimar financial 2

would apply but. for i

(i) exhaustion of its limit of liability as described in Condition 6 of the Master Policy, or the application of Insuring Agreement XV, "Application o f Policy" of the ~rimary financial rotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and which is caused during the certificate period stated (2) in Item 6'f the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the certificate period stated in Item 6 of the Declarations. However, this subparagraph (3) shall not operate to bar coverage for bodil in'ur or ro ert dama e caused by an extraordina nuclear occurrence.

II.) Item 4.(b) of the certificate is deleted.

III.) Item 7. of the certificate is amended to read as follows:

NE-S-14 Page 1 of 2

Item 7. Maximum retrospective premium (exclusive o f allowance for premium taxes) payable pursuant to Condition 2 of the Master policy with respect to each nuclear incident: $ 51,266,250.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY CERTIFICATE, BEARING THE OF THE ORIGINAL NUMBER DESIGNATED INSURAi ICE COVERAGE HEREON, FOR UNDER THE MASTER UABIL TY INSURANCE POLICY-NUCLEAR ENERGY (SECONDARY FIN CIAL INSUR>'JCE IS AFFORDE PROTECTION). N 8 P',

JOHN lUAl i C'Ch VICE PRESIDENT-UNDERWRITING AMERICAN'UCLEAR INSURERS Effective Da N-26 this Endorsement Au ust 20. lgaa doom e nett o 12:01 A. H. Standard time Issued to Florida Power 8 Light Company Date of Issue March 23, 199o Por the S bs ribing C anies, By esident ndoteement No. 15 Countersigned by NE-S-14 Page 2 of 2

'I y

c'+ q

'

Nuclear Energy Liability Insurance, NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-26 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITYINSURANCE (Secondary Financial Protection) 1 In paragraph (c) on Pages 1 and 2 of the certificate, and in all

~

endorsements to the certif icate relating thereto, the words "bodily injury or property damage" are amended to read "bodil in ur , ro ert dama e or environme tal damage".

2 ~ This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.

TRUE COPY OF THE ORIGINAL THIS IS TO CEP, IFY THAT THIS IS A DESIGNATED HEREON, FOR CERTIFIC: T',', .'..A ING TII". I'UMBER POLICY-NUCLEAR ENERGY INSURANCE COVERAGE O'Z>ER THE MASTE FINAN AL PROTECTION). NO LIABILIT INSURANCE(SECONDARY INSURAt "E IS~RDE JOHN L. i'TTROCCHI

~ ~

Y VICE PRESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement Januar 1, 1990 To form a part of Certificate No. " 26 12:01 A. H. Standard time Issued to F1orida Power 5 Light Company Date of Issue March 23, 1990 For the Subs ribing Com anies, Endorsement No. 16 Countersigned by NE-5-18 (1/1/90)

NucIear Energy LIabilIty- Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS ENDORSEMENT TO CERTIFICATE NO.

Forming Part of Master Policy No. 1 Nuclear Energy Liability Xnsurance (Secondary Financial 'Protection)

It is agreed that effective August 20, 1988:

Z.) Subparagraph (c) on Page 1 of the certificate is amended to read as follows:

(c) to bodil in'u or ro ert dama e with respect to ,which the rimar financial

• would apply but for (i) exhaustion of its limit of liability as described in Condition 6 of the Master Policy, or (ii) the applicationof ofPolicy" Insuring Agreement ZV, "Application of the primarr financial rotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Xtem 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against, the insured not later than ten (10) years after the end of the certificate period stated in Xtem 6 of the Declarations. . However, this subparagraph (3) shall not operate to bar coverage for bodil in'u or ro ert dama e caused by an extraordina nuclear occurrence.

ZZ.) Item 4.(b) of the certificate is deleted.

IZI.) Item 7. of the certificate is amended to read as follows:

ME-S-14 Page 1 of 2

Item 7. Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with respect to each nuclear incident: $ 14,883,750.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY LIABI ITY INSURANCE (SECONDARY FINP <CIAL PROTECTION). NO lk'UFI (NCE IS AFFORD 0 BY THIS CO JOHK t IJAaOC VICE P SIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement Auqust 20m 1988 To form a part of Certificate No. N ff 12t01 A.H. Steriderd time Issued to Fl ori da Power Im Li ght Company r

Date of issue t1arch 23, 1990 For the Subscribing Companies NmIAL ATOKKC ENIKGY LIhBIIZTT ERQRI'.AYERS By Endorsement No. 15 Countersigned by ME-S-14 Page 2 of 2

h Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS ENDORSEMENT TO CERTIFICATE NO. N 25 FORMING PART OF MASTER POLICY NO.

NUCLEAR ENERGY LIABILITYINSURANCE l

(Secondary Financial Protection) 1 ~

words "bodily injury or property damage" are amended to read n u , ro ert dama e or environmental dama 'e".

2 ~ This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in wiiting against any insured on or after the effective date of this endorsement stated below.

OF THE ORIGINAL HAT THA THIS IS A TRUE COPY THiS ls CERTIFY HEREON FOR To CERTIFICATE BEARIN NE EUb,

'"

R ER DESIGNATE MASTER POLiCY NUCLEAR ENERGY INU A<C COE (SECONDARY FINA LIASL TY INSURA'iCE COPv.

<CE IS AFFORDE~ BY THIS 'NSURE 30HN, >uPi ~CCh

~IDENT-UNDERWRITING ViCE PRr INSURERS AMERICAN NUCLEAR Effective Date of this Endorsement Januar 1, 1990 To form a part of Certificate No. H-25 12:Ol A.N. Standard tine to Florida Power & Li ht Company Date of issue March 23, 1990 For the Subscribing Companies

}6}XMLATONIC ENERGY LIABILXTY ERQRITERS By

~ ~ ~

r ndorsement No. 16 Countersigned by

~0

~- V

~

J% r ~-

Nuclear Energy Llabllity Insurance MUTUAL ATOMIC ENERGY UABILITYUNDERWRITERS ENDORSEMENT TO CERTIFICATE NO.

Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

'I It is- agreed that effective August 20, 1988:

I.) Subparagraph (c) on Page 1 of the certificate is amended to read as follows:

(c) to bodil in'u or ro ert dama e with respect to which the rimar financial would apply but for exhaustion of its limit o f liability as described in Condition 6 of the Master Policy, or the application of Insuring Agreement IV, "App 1 ication o f Policy" o f .the girimarrr financial rotection, as amended by paragraph 3 of the Waiver of -Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the certificate period stated in Item 6 of the Declarations. However, this subparagraph (3) shall not, operate 'to bar coverage for bodil in'u or ro ert dama e caused by an extraordina nuclear occurrence.

II.) Item 4.(b) of the certificate is deleted.

III. ) Item 7 ~ of the certificate is amended to read as follows:

ME-S-14 page 1 of 2

Item 7. Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with respect to each nuclear incident: $ 14,883,750.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY LIABILI Y INSURANCE (SECONDARY FINAN IAL PROTECTION}. NO INSURAt 'CE IS AFFORDED BY THIS COPY JOHNi i A t . ~G VICE PRh IDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement August 20, 1988 To form a part of Certiftoate No. N 25 12:01 A.H. Starward time Issued to Florida Power In Light CompanY'arch Date of issue 23, 1990 For the Subscribing Companies MQTQAL ATOMIC ENERGY LLLBXLITY ERQRITERS By Endorsement No. 15 Countersigned by ME-S-14 Page 2 of 2

1

~ J t :~ ) J ,'

J I'

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LlABlLITYUNDERWRlTERS ENDORSEMENT TO CERTIFICATE NO.

FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITYINSURANCE (Secondary Financial Protection) 1 ~

words "bodily injury or property damage" are amended to read n ur , ro ert dama e or environmental dama e".

2 ~ This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THF. ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY LIABI 'TY INSURANCE (SECONDARY FINC CIAL PROTECTION). NO INSUR, NCE IS AFFORD " B

'Gal)n CCH

'OHN)

VICE PRt;~IDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement Januar 1, 1990 To form a part of Certificate No. M-25 12:01 A,H. Standard time Issued to F1orida Power & Li ht Company Date of issue Mar'ch 23, 1990 For the Subscribing Companies MPH. ATOMIC ERHM>Y LIABILITY ERQRITEUi By ndorsement No. 16 Countersigned by NE-S-18 (1/1/90)

ff Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS ENDORSEMENT TO CERTIFICATE NO N-26 Forming Part of Master Policy No.,l Nuclear Energy Liability Insurance (Secondary Financial Protection)

It is agreed that effective August 20, 1988:

I.) Subparagraph (c) on Page 1 of the certificate is amended to read as follows:

(c) to bodil in'u or ro ert dama e with respect to which the rimar financial 2

would apply but for (i} exhaustion of its limit of 'liability as described in Condition 6 of the Master Policy, or

- (ii) the application of Insuring Agreement IV, "Application o f Policy" of the primary financial rotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10}

years after the end of the certificate period stated in Item 6 of the Declarations. However, this subparagraph (3) shall not operate 'to bar coverage

,

for 'bodil in'u or ro ert dama e caused by an extraordina nuclear occurrence.

II.) Item 4.(b) of the certificate is deleted.

III.) Item 7. of the certificate is amended to read as follows:

ME-S-14 Page 1 of 2

Item 7. Maximum retrospective premium (exclusive of allowance for premium taxes} payable pursuant to Condition 2 of the Master Policy with respect to each nuclear incident: $ 1',883,)50.

A TRUE COPY OF THE ORIGINAL THIS IS TO CERTIFY THAT THIS Ig DESIGNATED HEREON, FOR CERTIFICATE, BEARING THE NUMBER ENERGY THE MASTER POLICY-NUCLEAR INSURANCE COVERAGE UNDER IAL PROTECTION). NO FINAN LIABILI Y INSURANCE (SECONDARY

'CE IS AFFORDED BY THIS COPY INSURAi JOHN i < uA i Sh IDENT-UNDERWRITING VICE PRt:

AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement August 20, 1988 To form a part of Certiftoate No. pt-p6

'l2:01 A.H. Standard time Issued to Florida Power 8 Li ht Company Date of issue March 23, 1990 For the Subscribing Companies MUTUAL ATOMXC ENERGY LXhBILITY ERQRITERS By Endorsement No. 15 Countersigned by ME-S-14 Page 2 of 2

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS ENDORSEMENT TO CERTIFICATE NO. N"26 FORMING PART OF MASTER POLICY NO 1 NUCLEAR ENERGY LIABILITYINSURANCE (Secondary Financial Protection) words "bodily injury or property damage" are amended to read n ur , ro ert dama e or environmenta dama e".

2. This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIF i ATE, BEA IIiiG 1HE NUl/O'R DFSIGNATED HEREON, FOR INSURANCE COVFRAGE UNDER THE MAST",R POLICY-NUCLEAR ENERGY LIABILI Y INSURANCE (SECONDARY FINA'IALPROTECTION). NO INSURA. 'CE IS "<ORDE BY JOHN L. < UATTROCCHI VICE PRE 'IDENT-UNDER>VRITING AMERICAN NUCLEAR INSURERS ,'5 Effective Date of ""26 this Endorsement Januar 1, 1990 To form a part of Certificate No.

12t01 A.H. Standard tiae Issued to F1orida Power 8 Light Company Date of issue March 23, 1990 For the Subscribing Companies

)GJTlllhL ATMIC ERR'DiSIIZTY ER%tITERS By Endorsement No. 16 Countersigned by ME-S- 18.(1/1/90)

4

'I

/

l P

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY UABILITYUNDERWRITERS ENDORSEMENT TO CERTIFXCATE NO. M-26 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

It is agreed that, effective August 20, 1988:

I.) Subparagraph (c) on Page 1 of the certificate is amended to read as follows:

(c) to bodil in'u or ro ert dama e with respect to which the rimar financial would apply but for (i) exhaustion of its limit of liability as described in Condition 6 of the Master Policy, or the application of Insuring Agreement IV, "Application o f Policy" of the ~rimary financial rotection,'as amended by paragraph 3 of the Naiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6. of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Xtem 3 of the Declarations, and 1

(3) which is discovered and for which written claim is made against the insured not 'ater than ten (10) years after the end of the certificate'eriod stated in Xtem 6 of the Declarations. However, this subparagraph (3) shall not operate 'to bar coverage

, for bodil in'u or ro ert dama e caused by an extraordinar nuclear occurrence.

II.) Item 4.(b) of the certificate is deleted.

IXI.) Item 7. of the certificate is amended to read as follows:

ME-S-14 Page 1 of 2

t

'

I

Item 7. Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with respect to each nuclear incident: $ 14,883,750.

THIS IS TO'CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR

~'.

INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY LiABI .ITY INSURANCE (SECONDARY Fl NCIAL PROTECTION). NO

>'ac'.,!- <<NCE IS AFFOR ."'D JOH)i ',. UAii QCC VICE P SIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement part of Certificate August 20m 1988 12:01 A.N. Stondard tiitp.'o form a No. M-26 Issued to FIorida Power Im Li ht Company i

Date of issue, I1arch 23, 1990 Por the Subscribing Companies HOTEL. ATOMIC EHHHlmr LIABILITY ERQRITERS By Endorsement No. 15 Countersigned by MB-S-.14 Page 2 of 2

I 4

C1 f

I,'

l

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS ENDORSEMENT TO CERTIFICATE NO. M-26 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITYINSURANCE (Secondary Financial Protection) all endorsements to the certificate relating thereto, the words "bodily injury or property damage" are amended to read n ur , ro ert dama e or environmental dama e".

2. This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.

ORIGINAL F THE THIS IS A TR i HEREON, FQR CERTIP Y THAT NUVBER DESIGNI%TED HIS IS To THE ' -NUCLEAR ENERGY TE '

B~~RING r MASTt-R PQLlCY-CFRTIFICA CO~ERA UNDER THE . PROTECTION). NO

-IAL INSURANCE ~CONOARY FINA, INSURANCE (SE LIABIL Y ORD

<

INSUR>> 'CE I VATTROCCHl PHN L ENT-UNDERWRITING VICE ""E, INSURERS UCLEAR Effective Date of <-26.

this Endorsement Januar 1, 1990 To form a part of Certificate No 1R:Ol A.H. Stendard tine Issued to Florida Power 8 Light Company Date of issue March 23, 1990 For the Subscribing Companies MPHIL ATMIC RKRGY LIABILITY ERR%TERS By ndorsement No. 16 Countersigned by ME-S-18 (1/1/90)

1I C

Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION S

ENDORSEMENT TO CERT1FICATE NO.

Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

It is agre'ed that effective August 20, 1988:

Subparagraph (c) on Page 1 of the certificate is amended to

• .

Z.)

read as follows:

(c) to bodil in'u or ro ert dama e with respect to which the rimar financial

.

2 would apply but for (i) exhaustion of its limit of liability as described in Condition 6 of the Master Policy, or the application of Insuring Agreement IV, "Application, of Policy" of 'he ~rima>~

financial rotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the certificate period stated in Item 6 of the Declarations. However, this subparagraph (3) shall not operate "to bar coverage for bodil in'ur or ro ert dama e caused by an extraordina nuclear occurrence.

II.) Item 4.(b) of the certificate is deleted.

III.) Item 7. of the certificate is amended to read as follows:

NE-S-14 Page 1 of 2

Item 7. Maximum retrospective premium (exclusive of allovance for premium taxes) payable pursuant to Condition 2 of the Master Policy vith respect to each nuclear incident: $ 51,266,250.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER. THE MASTER POLiCY-NUCLEAR ENERGY LIABILI INSURANCE (SECONDARY FINA . 'IAL PROTECTION). NO INSURA ICE IS AFFORDE BY JOHN i'UATFnFCLH VICE PRE 'IDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Bffective Date of August 209 1988 To form a part of Certificate No. N-59 12901 A. H. StaftdNrd time Issued to Florida Power 8 Light Company .

Date of Issue Harch 23, 1990 Por, the S s ribing C anies, I

By esident ndorsement No. Countersigned by NE-S-14 page 2 of 2

Jl J

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-59 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITY,INSURANCE (Secondary Financial Protection) 1 ~ In paragraph (c) on Pages 1 and 2 of the certificate, and in all endorsements to the certificate relating thereto, the words "bodily injury or property damage" are amended to read "bodil in 'ur , ro ert dama e or environmental dama e".

2 ~ This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made against any insured on or after the effective datein of writing this endorsement stated below.

OF THE ORIGINAL THIS IS TO CERTIFY THAT THIS IS A TRUE COPY DESIGNATED HEREON, FOR CERTIFICATE, BEARING THE NUMBER ENERGY UNDER THE MAS~-R POLICY-NUCLEAR INSURANCE COVERAGE LIABIII Y INSURAt FACE (SECONDARY FINf I'IAL PROTECTION). NO INBURA ICE ZsS'ORPcC B'I~uy, JO. lN L. ',tUATlROCCHI VICE PRESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of

'this Endorsement Januar 1, 1990 To form a part of Certificate No.~N-12:01 A. H. Stendard time Fl ori da Power & Li ght Company Date of Issue March 23, 1990 For the Bnhs rfhing Comjanfes,

~ .( .

Endorsement No. Countersigned by NE-S-18 (1/1/90)

Tf C p ~ ~~<

i d'

'k

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO.

Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

It is agreed that effective August 20, 1988:

I.) Subparagraph (c) on Page 1 of the certificate is amended to read as follows:

(c) to bodil in'u or ro ert dama e f

with respect to- which the rimar financial would apply but for (i) exhaustion of its limit of liability as described in Condition 6 of the Master Policy, or the application of Insuring Agreement IV, "Application of Policy" of the ~rimar financial rotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the certificate period stated in Item 6 of the Declarations. However, this subparagraph (3) shall not operate 'to bar coverage for bodil in'u or ro ert dama e caused by an extraordina nuclear occurrence.

II.) Item 4.(b) of the certificate is deleted.

III.) Item 7. of the certificate is amended to read as follows:

NE-S-14 Page 1 of 2

Item 7. Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with respect to each nuclear incident: $ 5].,266,250.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF CERTIFICATE, BEARING THE THE ORIGINAL NUMBER DESIGNATED INSURANCE COVERAGE UNDER HEREON, FOR THE MASTER POLICY-NUCLEAR LIABILTY INSURANCE ENERGY (SECONDARY FINk'!AL INSUR> "ICE IS AFFORD PROTECTION). NO B COP

'OHN QUA CCI.

VICE PR SIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date this Endorsement Au ust 20 1988 To fora a part of Certificate No.

12:01 A. H. Standard tIme Issued to florida Power 8 Light Company Date of Issue March 23, 1990 For the S s ribing C anies, I

By esideat ndorsement No. 15 Countersigned by NE-S-14 Page 2 of 2

4

~

'C'I

/

/

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-Sg FORMING PART OF MASTER POLICY NO.

NUCLEAR ENERGY LIABILITYINSURANCE I

(Secondary Financial Protection)

In 1 and 2 of the certificate, all paragraph (c) on Pages 1 ~

endorsements to the certificate relating thereto,and the in words "bodily injury or property damage" are amended to read "bodi1 in 'ur , ro ert dama e or environmental dama e".

2 ~ This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made against any insured on or after the effective datein of writing, this endorsement stated below.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE CERTIFICATE, BEARING THE NUMBER ORIGINAL DESIGNATED HER E OV i,FOR INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR LIABILI INSURA"t'CE (SECOi4DARY ENERGY FINANC 0L PROTECTION.N). NO INSURAIt 'E IS AFFLIRDEO BY THIS COPY.

JOB I L. << t~'ITfI~HI~I~4~

VICE PREs.'DENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement January 1, 1990 To form a part of Certificate No.~N-12t01 A. H. Standard tiae Florida Power Ili Lig.".t .".ot".pany Date of Issue March 23, 1990 For the Sobs ribing Companies, (i - .(',

Endorsement No. Countersigned by NE-S-18 (1/1/90)

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-89 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance

.(Secondary Financial Protection)

Xt is agreed that effective August 20, 1988:

X.) Subparagraph (c) on Page 1 of the certificate is amended to read as follows:

(c) to bodil in'u or ro ert dama e with respect to which the rimar financial would apply but for (i) exhaustion of its limit of liability as described in Condition 6 of the Master

'Policy, or the application of Insuring Agreement IV,

"Application of policy" of the ~rimar financial rotection,'s amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Xtem 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the certificate period stated in Item 6 of the Declarations. However, this subparagraph (3) shall not operate to bar coverage for bodil in'u or ro ert dama e caused by an extraordina nuclear occurrence.

II.) Item 4.(b) of the certificate is deleted.

III.) Item 7. of the certificate is amended to read as follows:

t NE-S-14 Page 1 of 2

Item 7. Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with res'pect to each nuclear incident: $ 51,266,250.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF CERTIFICATE, BEARING THE THE ORIGINAL NUMBER DESIGNATED HEREON,"

INSURANCE COVERAGE UNDER FOR THE MAS R POLICY-NUCLEAR LIABILTY INSURANCE ENERGY (SECONDARY FIN i'IAL INSURA'ALICE I~SFFORDE PROTECTION). NO BY JOHN . t UATRBCCH VICE PRE~IDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date o this Endorsement Au ust 20, 1988 To form a part of Certificate No. N-89 12:01 A. H. Stttndnrd time Issued to Florida Power 5 Light Company

.Date of Issue Harch 23, 1990 For the S bs ribing C anies, By esident Endorsement No. Countersigned by NE-S-14 Page 2 of 2

4 I

'l II lc>>

Nuclear Energy Liability insurance NUCLEAR ENERGY LlABlLlTYlNSURANCE ASSOCIATlON ENDORSEMENT TO CERTIFICATE NO. N-89 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITYINSURANCE (Secondary Financial Protection}

In paragraph (c) on Pages 1 and 2 of the certificate, and in all endorsements to the certificate relating thereto, the words "bodily injury or property damage" are amended to read "bodil in 'ur , ro ert dama e or environmental dama e".

2. This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.

TRUE COPY OF THE ORIGINAL THIS IS TO CERTIFY THAT THIS IS A DESIGNATED HEREON, FOR CERTIFICATE, BEARING THE NUMBER IIASTER POLICY-NUCLEAR ENERGY INSURANCE COVERAGE UNDER THE INANCIALPROTECTION). NO L BILITY INSURANCE (SECONDAR S AFF, DE Y.

Ih 'URAN TfR 'CHI VICE. PRESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement Januar 1, 1990 To form a part of Certificate No. N-89 12:01 A. H. Standard time Issued to Florida Power 8 Li ht Com an Date of Issue March 23, 1990 For the Sobs ribing Companies, Endorsement No.

NE-S-18 (1/1/90)

~ By Countersigned by

),I f 4 0

4 lw -t \

f4 1 ~

~A a y

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABlLITYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO ~ N-89 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

It is agreed that, effective August 20, 1988:

I.) Subparagraph (c) on Page 1 of the certificate is amended to read as follows:

(c) to bodil in'u or ro ert dama e with respect to which the rimar financial would apply but for exhaustion of its limit of liability as described in Condition 6 of the Master Policy, or the application of Insuring Agreement IV, "Application of policye of the ~rimar financial rotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear .incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is. discovered and for which written claim is made against the insured not later than ten (10) years after the end of the certificate period stated in Item 6 of the Declarations. However, this subparagraph (3) shall not operate to bar coverage for bodil in'u or ro ert dama e caused by an extraordina nuclear occurrence.

II.) Item 4.(b) of the certificate is deleted.

III.) Item 7. of the certificate is amended to read as follows:

NE-S-14 Page 1 of 2

Item 7. Maximum retrospective premium allowance for premium taxes) payable pursuant (exclusive o f to Condition 2 of the Master Policy with respect to each nuclear incident: $ 51,266,250.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE, ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY L'-'~!LI,Y INSURANCE (SECONDARY FINAI'ALPROTECTION). NO INSu..r, CE 'S <~OBOE RY JOHN L. 'JATTROCCHI VICE PRESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Bffective Date of August 203 1988 fo form a part of Certfffoate No. N-89 12:01 A. H. Standard time Issued to Florida Power & Light Company Date of issue por the S bs ribing C aniesp f

By esident Nndoraement No. 13 Countersigned by NE-S-l4 Page 2 of 2

l

,J fl

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-89 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITYINSURANCE (Secondary Financial Protection)

In paragraph (c) on Pages 1 and 2 of the certificate, and in all endorsements to the certif icate relating thereto, the words "bodily injury or property damage" are amended to read "bodil in 'ur , ro ert dama e or env ronmenta1 dama e".

2. This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after the effective. date of this endorsement stated below.

COPY OF THE ORIGINAL THIS IS TO CERTIFY THAT THIS IS A TRUE DESIGNATED HEREON, fOR CERTIFICATE, BEARING THE NUMBER THE MASTER POLICY-NUCLEAR ENERGY INSURANCE COVERAGE UNDER IABILITYINSURANCE (SECONDAR 'INANCIAL PROTECTION). NO Y THI OPY.

i ISURANCE IS AFF RDEll Vi PRESIDENT-UNDERWRITIN AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement January 1, 1990 To form a part of Certificate No. N-89 12:01 A. H. Standard time Issued to F1orida Power 5 Li ht Com an Date of Issue March 23, 1990 For the Subs ribing Companies, Endorsement No.

HE-S-18 (1/1/90)

~ By Countersigned by

~'.'j

/

a

Nuclear Energy Liability insurance MUTUAL ATOMIC ENERGY'lABlLlTYUNDERNRlTERS ENDORSEMENT TO CERTIFXCATE NO. ~ 59 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

It is agreed that effective August 2Q, 1988:

X.) Subparagraph (c) on Page 1 of the certificate is amended to read as follows:

(c) to bodil in'u or ro ert dama e with respect to which the rimar financial 2

would apply but for exhaustion of its limit of liability as described in Condition 6 of the Master Policy, or (ii) the applicationof ofPolicy" Insuring 'Agreement IV, of the primary "Application financial rotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period 'stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the certificate period stated in Item 6 of the Declarations. , However, this subparagraph (3) shall not operate to bar coverage for bodil in'u or ro ert dama e caused by an extraordina nuclear occurrence.

IX.) Item 4.(b) of the certificate is deleted.

XIX.) Item 7. of the certificate is amended .to read as follows:

ME-S-14 'Page 1 of 2.

Item 7. Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy w1'th ec to each nuclear incident: $ 14,883,750.

res pect OF THE ORIGINAL CERTIFY THAT THIS IS A TRUE COPY FOR TO DESIGNATED HEREON, BEARING THE NUMBER T POLICY-NUCLEAR ENERGY CERTIFICATE, UNDER THE MASTER 0 .NO INSURANCE COVERAGE CIAL PROTECTION).

(SECONDARY FINA LIABILTY INSURANCE B

INSUR/ 'tICE IS AFFORDE RUAT t ('CH JOHN,

'IDENT-UNDERWRITING VIC2, PR INSURERS AMERICAN NUCLEAR Effective Date of this Endorsement August 20, 1988 To form a part of Certificate No. M-59 12t01 A.H. Standard titte Issued to Florida Power 8 Light Company Date of issue l1arch 23, 1990 For the Subscribing Companies HQTELL ATONIC EMBRY LLLBILITY ERQRITERS By /

Endorsement No. 15 Countersigned by ME-S-l4 page 2 of 2

/8 Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS

)

ENDORSEMENT TO CERTIFICATE NO. M-59 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITYINSURANCE (Secondary Financial Protection) words "bodily injury or property damage" are amended to read ur , o ert dama e or e vironme tal dama e".

2 ~ This endorsement applies to all claims, for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.

....p G,">

~if'LEAREWER~~

.,"'.,' PQuGV-NU PRQTEGTlQN)'

ifAL

'. A ~ARy PNA

~NSUH--'""-., C~>~ ~~' I7~

Q"A~RQGGH gQHg L -UNDERggTB4C VlGE PRES~DE "R 1NSQRERS NUGLEA AMERIGAN Effective Date of this Endorsement Januar 1, 1990 To form a part of Certificate No. N-59 12:01 A.H. Staxhrd Cim Issued to Florida Power 5 Li ht Com an Date of issue March 23, 1990 For the Subscribing Companies MOTllhL hTOHIC ENEE> Y LXhBILITT ERVRITERS

/

By Endorsement No. 16 Countersigned by NE-S-18 (1/1/90)

1"

'I i

gyi yl

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LAABILIYUNDERWRITERS ENDORSEMENT TO CERTIFICATE NO. N Forming Part of Master Policy No. 1 Nuclear Energy Liability Xnsurance (Secondary Financial Protection}

It is agreed that effective August 20, 1988:

I.) Subparagraph (c) on Page 1 of the certificate is amended to read as follows:

(c) to bodil in'u or ro ert dama e (1) with respect to which the rimar financial would apply but for (i) exhaustion of its limit of liability as described in Condition 6 of the Master

-

Policy, or the application of Insuring Agreement IV, "Application of Policy" of the prima>~

financial rotection, as amended by paragraph 3 of .th6 Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the certificate period stated in Item 6 of the Declarations. , However, this subparagraph ,(3} shall not operate to bar coverage for bodil in'u or ro ert dama e caused by an extraordina nuclear occurrence.

XI.) Xtem 4.(b) of the certificate is deleted.

IXX.) Item 7. of the certificate is amended to read as follows:

ME-S-14 Page 1 of 2

Item 7. Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with respect to each nuclear incident: $ 14.,883,750.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MAS ER POLICY-NUCLEAR ENERGY LIABIL'TYINSURANCE ISECONDARY FIN $ CIAL PROTECTION). NO INSUR ICE P ~ ORP i' JOHN 'UATTROCCHI VICE PRESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement August 20, 1988 To form a part of Certificate No. N-59 12:01 A.H. Standard time Issued to Florida Power & Light Company Date of issue March 23, 1990 For the Subscribing Companies MOTIIhL hTOMIC ENEBGT LIABILITY ERQRITKRS By Endorsement No. 15 Countersigned by ME-S-14 Page 2 of 2

t Il t

,Wi

Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS ENDORSEMENT TO CERTIFICATE NO. M-59 FORMING PART OF MASTER POLICY NO.

NUCLEAR ENERGY LIABILITYINSURANCE (Secondary Financial Protection),

words "bodily injury or property damage" are amended to read n ur , o ert dama e or env ronmental dama e".

2. This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is

.sought under the policy, and which are first made in writing against any insured on or after the effective date of this endorsement stated below.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COYERAGE UNDER THE MAST"R POLICY-NUCLEAR ENERGY

~

LIABILI"YINSURANCE (SECONDARY FINA AXIAL PROTECTION). NO INSURE 'CE I~ r "-""ORDFPQY JOHN L~:jATTROCCHI

. c~Pe~~~s~~+~

YICE PRESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement Januar 1, 1990 To form a part of Certificate No. M-59 12t01 A.M. Standard tiai.

Issued to Florida Power 5 Li ht Com an Date of issue March 23, 1990 For the Subscribing Companies MOTUhL ATOMIC E%9k@$ LIABILITY ERVRITERS By ndorsement No.~ 16 Countersigned by ME-S-18 (1/1/90)

II h

I, e c'

~ r~ ~'

Nuclear Energy Liabiity insurance MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS ENDORSEMENT TO CERTIFICATE NO.

Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

It is agreed that effective August 20, 1988:

I.) Subparagraph (c) on Page 1 of the certificate is amended to

, read as follows:

(c) to bodil in'u or ro ert dama e with respect to which the rimar financial would apply but for (i) exhaustion of its limit. of liability as described in Condition 6 of the Master Policy, or the application of Insuring Agreement IV, "Application of Policy" of the primary

'financial rotection, as amended by paragraph 3 of th'e Waiver of Defenses Endorsement attached thereto, and (2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the certificate period stated in Item 6 of the Declarations. However, this subparagraph (3) shall not operate to bar coverage for bodil in'u or ro ert dama e caused by an extraordinar nuclear occurrence.

II.) Item 4.(b) of the certificate is deleted.

III.) Item 7. of the certificate is amended to read as follows:

ME-S-14 Page 1 of 2

Item 7. Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with respect to each nuclear incident: $ 14,883,750.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE tt'IASTER POLICY-NUCLEAR ENERGY

,

LIABIL,TYINSURANCE (SECONDARY FIN CIAI. PROTECTION). NO INSLRA ICE IS AFFORDE BY JOHN UA CCH VICE PR SIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement August 20, 1988 To form a part of Certificate No. N-89 12:Ol A.H. Standard tiite Issued,to F1orida Power 8 Light Company Date of issue March 23, 1990 For the Subscribing Companies NUTOAL ATONIC EKKGT LIABILITY ERKtXTERS By Endorsement No. 13 Countersigned by ME-S-14 Page 2 of 2

A

'I C I

1

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. M-89 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITYINSURANCE (Secondary Financial Protection)

In (c) on Pages 1 and 2 of the certificate, all paragraph endorsements to the certificate relating thereto,and the in words "bodily injury or property damage" are amended to read "bodil in 'ur , ro ert dama e or environmental dama e".

2 ~ This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first against any insured on or after the effectivemadedatein of writing this endorsement stated below.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE M .STER POLICY-NUCLEAR ENERGY LIA ILITY INSURANCE (SECONDARY F ANCIAL PROTECTION). NO INSL RAN ~ AFFO c

'

JOI.,'i QUATTROC I VICE ESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement Januar 1, 1990 To form a part of Certificate No. M-89 12:01 A. H. Standard time to F1or'tda Power & Li ht Com an Date of Issue March 23, 1990 For the Sobs ribing Com anies, Endorsement No. 14 . Countersigned by NE-S-18 (1/1/90)

h

'4 II

NucIear Energy LIability Insurance MUTUAL ATOMIC ENERGY UABILITYUNOERNRITERS ENDORSEMENT TO CERTXFICATE NO. M-89 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

It is agreed that effective August 20, 1988:

I.) Subparagraph (c) on Page 1 of the certificate is amended to read as follows:

(c) to bodil in'u or ro ert dama e with respect to which, the rimar financial

would apply but for ~

(i} exhaustion of its limit of liability as described in Condition 6 of the Master Policy, or the application of Insuring Agreement IV, "Application of Policy" of -the ~rimarg financial rotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto,. and (2) which is caused during the certificate period stated in Xtem 6 of the Declarations by a nuclear incident arising out of, or in connection with the nuclear reactor. described in Item 3 of the Declarations, and (3) which is discovered and for which written claim is made against the insured not later than ten (10) years after the end of the certificate period stated in Item 6 of the Declarations. However,. this subparagraph (3) shall not operate 'to bar coverage

,

for bodil in'u or ro ert dama e caused by -an extraordina nuclear occurrence.

XI.} Item 4.(b) of the certificate is deleted.

XIX.) Item 7. of the certificate is amended to read as follows:

ME-S-14 Page 1 of 2

I

,

Item 7. Maximum retrospective premium (exclusive of a'llowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with respect to each nuclear incident: $ }4,BB3,y50.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY LIABII~TYINSURANCE (SECONDARY FINP CIAL PROTECT(ON). NO INSUR. NCE IS AFFORD BY THIS COP .

JOHh '. UA C VICE PhaSIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement August 20, 1988 To form a part of Certtttcate No.

12:01 A.H. Stancbrd tiae Issued to F1orida Power 8 Light Company t

Date of issue March 23, 1990 Ror the Subscribing Companies KPH1AL ATOMIC EN19tGY LIABILITY ERQEUTERS By Endorsement No. 13 Countersigned by ME-S-14 Page 2 of 2

l 1

1 1

5.

1

~ g

'

'

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-89 FORMING PART OF MASTER POLICY NO. 1 NUCLEAR ENERGY LIABILITYINSURANCE (Secondary Financial Protection)

In 1 and 2 of the certificate, and in all paragraph endorsements (c) on Pages to the certificate relating thereto, the words "bodily injury or property damage" are amended to read "bodil in ur , ro ert dama e or environmental dama e".

2 ~ This endorsement applies to all claims for damages, costs, expenses or other relief or recovery for which coverage is sought under the policy, and which are first made against any insured on or after the effective datein of writing this endorsement stated below.

THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY L ABILITY INSURANCE (SECONDARY INANCIAL PROTECTION). NO I "URANCE IS AFF D I OPY.

3 L 'AR VICc PRESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement Januar 1, 1990 To form a part of Certificate No. t1-89 12:01 A. H; Standard tine Issued to Florida Power 8t Li ht Com an Date of Issue March 23, 1990 For the Subs ribing Companies, By (i Endorsement No. 14 Countersigned by NE-S-18 (1/1/90)

t