ML17348A277
| 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 ID CODE/NAME INTERNAL: NRR/PMAS/PTSB12 EXTERNAL: LPDR COPIES LTTR ENCL 1 1 2 2 REG FILE NRC PDR 01 RECIPIENT ID CODE/NAME COPIES LTTR ENCL 1 1 1 1 NOTE TO ALL"RIDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE!CONTACT THE DOCUMENT CONTROL DESK, ROOM Pl-37 (EXT.20079)TO ELIMINATE YOUR 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 Turkey Point NF-Q7 MF-88 N-59/M-59 N-89/M"89 NF-185 MF-55 N-25/M-25 N-26/M-26 80-86 67-73 15-16 13-14.104"109, 112 91-96,99 15-16.15-16.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 LIABILITY INSURANCE 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)(ii)(iii)(iv)negligence,, contributory negligence, 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 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 to be provided under any workmen's 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'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 5.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.this is a true copy ol the original b db'patt the endorsement num Pl (F ilit I=o)d-ded h d Liability o i<a'jgn.ted hereon.No sur r isa r Q, r John.Qua Q ttrncchi Vice President Un htnerican Nuclear lnsurers Effective Date of this Endorsement Au9ust 20, 1988-12:01 A.H.Standard tine To form a part of Policy No.NF-227 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 LIABILITY INSURANCE 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.o of the oricjnal that this is a true copy o and being made Part this is to certify d ernent number an)d E d rsernenthavin9 p cy (FaciQy Form)the en orse)as es-n or f the nuclear Enersy;forded hereunder.
r Ltability c i.nate d h reon.No Insurance is o utah, i e resident..
in'mn Nuctear tnsurers An Effective Date of orsement A"9"st 20>1988 12r01 A.H.Standard time To form a part of Policy No.NF-22?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$1 f T ,k)-'h Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY lNSURANCE 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 12:01 A.H.Standard time To form a part of Policy No.NF-227 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~e~,r l!Lf Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILlTY lNSURANCE 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(i)(ii)(iii)(iv)negligence.
contributory negligence, assumption of risk, and unforeseeable intervening causes, whether involving the conduct of a third person, or an act of God, (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: (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\tI(
(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 ext damage or environmental damage resulting f 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 afte is made against the insured not later than ten (10)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 rican Nuclear Insurers I~'c tins Effective Date of this Endorsement January 1, 1990 12:01 A.H..Standard time To form a part of Policy No.NF-227 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 0~4>>.~r Nuclear Energy Liability Insurance NUCLEAR=ENERGY LIABILITY INSURANCE 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 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 NE-39c (1/1/90)Countersigned by 4 Al/~
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION It is agreed that: AMENDATORY ENDORSEMENT (Facility Form)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: (3)(4)damages for on-site property damage;recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs: 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:
fgJ (3)reasonable expenses, other than loss of earnings'ncurred 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 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.U Subdivision (b)above does not include as an insured th nited States of America or any of its agencies, except e 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 of for, cleaning up, neutralizing or containing contaminati 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 whi h e United States Nuclear Regulatory Commission has w c determined to be an extraordinary nuclear occurrence as Q-,vJ 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 (2)"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 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 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 (2)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
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 (>)(2)(3)any nuclear reactor, 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, 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, ai c above or below the surface of the ground other th r 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.4~"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.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 the.,companies'uty to defend has been limited by INSURXNG AGREEMENT 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 I ,1 5.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 f irst 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.H 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)(b)the words"bodily injury or replaced by"bodily injury, environmental damage";and the words<<bodily injury and replaced by"bodily injury, environmental damage.<<property damage" are property damage or property damage<<are property damage and C Ih In CONDITIONS 5, 11, 15 and 18, and in all endorse this policy relating thereto, the words property damage" are replaced b>>b di damage or environmental damage." y, property CONDITION 19 19, DECLARATIONS, is renumbered CONDITION 20.The following CONDITION is added to the policy.19 ARBITRATION OF DISPUTES RELATING TO THE OF INSURING AGREEMENT IV E APPLICATION All such disputes subject to paragraph 5 of I AGREEMENT IV shall be submitted to a Boa (the"Board")for a final and dispute.a na and binding resolution of the There shall be two parties to the arbitration:
the fi Liability Insurance Association, actin on be th i d ly th i au or zed representative.
Except to the extent the parties mutuall a otherwise, the following principl ill p es w ll apply: (a)The arbitration will take pl i York, and will be governed b the a e p ace in New York New of New York.e y e laws of the State (b)Either party may begin the rocess giving notice to the other p y n writing of its it o o so and the name of (c)The other party shall then a oint i arbitrator, and th b e arbitrators shall a oi writing an umpire before the be ey egin the arbit ation.(d)e s a act as chairman of the Board.I a party fails to name its thi t (30)d of th he other party's wxitten appoint an arbitrator for the art i (e)If the two arbit wo ar trators fail to a ree on selection of an umpire within thirty (30 name two, of whom po n e , each of them shall o w om the other shall decline one.The c o ce shall be made by drawing lots.(f)The arbitrators and umpir h 11 officers or former executive officers of ive 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 without the consent f s a not be eli ible n o 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 and one half ,of the other costs of arbitration.(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 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~~(Facility Form)as des-ign ted hereon.No suran e is a'ded hereunder.
Johr.Quattrocchi, Vice President-Un American Nuclear Insurers 10 Effective Date of this Endorsement Januar 1 1990 12: 01 A.M.Standard Time To form a part of Policy No NF-227 Issued to F1orida Power 8t Li ht Date of Issue Februar 16 1990 For the su ribing c panies By PRESIDENT orsement No il':-71 (1/1/90)85 Countersigned by V~6 g ll f,x Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION CHANGES IH SUBSCRIBIHG COMPANIES AND IH THEIR PROPORTIONATE LIABILITY ENDORSEMENT 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 of the':Wffec 31, 1990, or sooner';co I 0 0)07 tO m o (0 Q vi (g 0 that the effective period of this endorsement is from the beginning tive date of this endorsement stated below to the close of December to the time of the termination or cancellation of the policy, if Aetna Casualty 8 Surety Co.Aliianz Insurance Company Allstate Insurance Cotpany American Home Assurance Co.Continental Casualty Conpany Continental Insurance Company Federal Insurance Company General Ins.Co.of America Hanover Insurance Company Hartford Fire Insurance Co.Highlands Insurance Company Hcme Indecnity Cocpany Ins.Co.of North America Motors Insurance Corporation Ohio Casualty Insurance Co.Providence Washington Ins.Co.Rel i ance Insurance Cocpany Royal Ins.Co.of, America St.Paul Fire G Marine Ins.Co.State Farm Firm 8 Casualty Co.Tokio Marine 8 Fire Ins.Co.Transanerica Insurance Co.Travelers Indecaity Cocpany U.S.Fire Insurance Cocpany U.S.Fidelity 8 Guaranty Co.Universal Underwriters Ins.Co.2urich Insurance Cocpany Total 12.917337K 1.515634K 5.535510K 0.692369K 5.34175(C 10.333870X 2.755699K 1.722312K, 0.595059X 10.333870K 0.344462K 1.614667K 7.750403K 0.430578K 0.172231K 0.193760K 0.516694K 3.616855K 5.991922K 0.861156K 0.516694K 0.861156K 12.856195K 2.325121K 8.611558K 0.172231K'I.420907K 100.000000K Effective Date of this Endorsement NE-90 Janua 1 1990 12:01 A.H.Standard time To form a part of Policy No.NF-227 Issued to F1orida Power 8 Li ht Com any te of Issue By President A ril 1 1990 For the Subs ribing Cq&panies, (I..~-<4Endorsement No.~6 Countersigned by
=I i 0)~I I:
Nuclear Energy LIabllity Insurance NUCLEAR ENERGY LIABILITY'NSURANCE ASSOCIATION 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)(ii)(iii)(iv)'negligence, contributory negligence, 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 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 to be provided under any workmen's 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.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.is a true copy of the original 3'h is to certify that this is a true n orse e ha g e e i afforded hereunder.
ner Liability icy nated hereon.o Inca~ce i a or h Vice President-i dei'ting 1 a L, Quattrocc i, ice American Nuclear lnsurers Effective Date of this Endorsement August 20, 1988-12r01 A.H.Standard time To form a part of Policy No.NF-227 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 LlABILITY lNSURANCE 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'ndorsement having the endorsement number and being made part of e Nuclear Energy Liability Polic (Facility Form)as des-igna d hereon.No su s af, ded hereunder.
John Quattrocchi, Vice President.ond American Nuclear!nsurers Effective Date of this Endorsement 12t01 A.H.Standard time To form a part of Policy No.NF-227 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 LIABILITY INSURANCE 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 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 Polit.(Facility Form)as des-ig~ai.d herr", No ii..ur~'.d hereunder.
John L Quattrocchi, Vice President.
Underwriting Amencan Nucfear Insurers Effective Date of Endorsement August 20, 1988 12r01 A.H.standard time To form a part of Policy No.NF-227 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 LIABILITY INSURANCE 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)(ii)(iii)(iv)negligence.
contributory negligence, 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 f irst 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 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 bodil COVERAGES A and C of the policy providing cover f 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)(b)the provisions of the policy applicable to the financial protection required of the named insured;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
.-l2tOl A.H..Standard time To form a part of Policy No.NF-227 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
~)~)'R~/I~t j Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE 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.
i~I Joh Quattrocchi, ice President Un American Nuclear lnsurers'Effective Date of this Fndorsement 12:01 A.tt.Standard time To form a part of Policy No.NF-227 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)
U"h*',(;0 p p 4 ld~h Nuclear Energy Liability Insuranc'e NUCLEAR ENERGY LIABlLlTY INSURANCE ASSOClATIQN It is agreed that: AMENDATORY ENDORSEMENT (Facility Form)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: (3)damages for on-site property damage: recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs: 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 f acility: nor shall it constitute workmen'compensation insurance as 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 of t for, cleaning up, neutralizing or containing contaminati he 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 whi h c dete he United States Nuclear Regulatory Commission h rmined to be an extraordinary nuclear occurrence as o 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 the transportation of the material is not by predetex-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.companies'uty to defend has been limited by INSURING AGREEMENT 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 modif ying, the dollar amount of the total aggregate liability of the companies with respect to a common occurrence: (a)(b)the words"bodily injury or replaced by"bodily injury, environmental damage": and the words<<bodily injury and replaced by<<bodily injury, environmental damage." property damage" are property damage or.property damage<<are-property damage and 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 t ere 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 OF INSURING AGREEMENT IV TO THE APPLICATION dispute.a na and binding resolution of the 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 i d or ze representative.
Except to the e othervise, the folloving prin i 1 i xtent the parties mutuall nc p es will apply: y agree (a)The arbitration vill take pl York, and vill be governed b th e p ace in New York Nev of Nev York.y e laws of the State (b)Either party may begin the rocess p o of arbitration by party in vriting of its th t it h oi t d on o o so and the name of (c)The other party shall then a oi ppo nt in writing an an e arbitrators shall a oi writing an umpire before the be i appo nt in Th i h 11 t (d)If s a act as chairman of the Board.arbitrator within a party fails to name its ays f he other party's written 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 made by drawi 1 t (f)The a arbitrators and umpire shall be execu officers or former executive officers o organizations designated as the first issued by Nuclear Ener-named insured under a Nuclear Energy Liabilit Po Association nergy Liability Xnsurance a on or Mutual Atomic Ener Lia Undervriters; provided that the cu h fo llo i h 11 vithout the consent of both parties ng s a not be eli ible f or sexvice p~
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./
lli 12 (m)Unless the Board decides otherwise.
each party shall pay the expenses of the arbitrator appointed by or for it and one half of the other costs of arbitration.(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.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 cppy pf the<<i-i" I ta certify that this is ber and bein9 ma p s des-Endpzse",,ent h ct'Pc...ed nez: on.N~IA~~g.P d>t.Uude~mS~1 Quattrocch1)
Aruencan Nuc1ear lusurers Effective Date of this Endorsement Januar 1 1990 10 To form a part of Policy No NF-227 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 orsement No if'-71 (1/1/90)85 By Countersigned by PRESlDENT
~-p I g~4 C" k Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION CHANGES IN SUBSCRIBING COHPANIES AND IH THEIR PROPORTIONATE LIABILITY ENDORSEHEHT 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 ,8$t IP g o c p 0)66 P;gC to p E fective Sate of this Endorsement Aetna Casualty&Surety Co.AIIianz Insurance Catpany Allstate Insurance Cogpany American Home Assurance Co.Continental Casualty Company Continental Insurance Company Federal Insurance Company General Ins.Co.of America Hanover Insurance Company Hartford Fire Insurance Co.Highlands Insurance Company Home Indemnity Conpany Ins.Co.of North America Hotors Insurance Corporation Ohio Casualty Insurance Co.Providence Washington Ins.Co.Reliance Insurance Coapany Royal Ins.Co.of, America St.Paul Fire&Harine Ins.Co.State Farm Firm&Casualty Co.Tokio Harine&Fire Ins.Co.Transanerica Insurance Co.Travelers Indeonity Company U.S.Fire Insurance Conpany U.S.Fidelity&, Guaranty Co.Universal Underwriters Ins.Co.Zurich Insurance Coapany Total NE-90 Janua 1 1990 12:01 A.H.Standard time 12.917337K 1.515634X 5.535510K 0.692369K 5.341750K 10.333870X 2.7556%4 1.722312K 0.595059K 10.333870K 0.344462K 1.614667K 7.750403X 0.430578K 0.172231K 0.193760X 0.516694K 3.616855K 5.991922K 0.861156K 0.516694K 0.861156K 12.856195K 2.325121'.61 1558K 0.172231K 1.420907K 100.0000IXC To form a part of Policy No.Issued to Florida Power 8 Li ht Com any te of Issue A ril 1 1990 By President Endorsement No.~6 Countersigned by e 1 I Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERNRITER$
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)(ii)(iii)(iv)negligence, contributory negligence, assumption of risk, and unforeseeable intervening causes, whether 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 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 ME-33b Page 1 of 3 fl I$~V I rt~h b 3 (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.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'o 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.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 12r01 A.H.standard time To form a part of policy No.NF-88 Issued to Florida Power 8 Li ht Company Date o f issue February 16, 1990 For the Subscribing Companies MUTUAL ATOMIC EN1Kl~Y LIABILITY UNDER orsement No.By Countersigned by ME-33b Page 3 of 3 4~)t 4\,r*
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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.his is a true copy of the origina y avin the endorsernent num er an ei P i'F iiit Fo)rddhe u d er Liabiity oi i tgn te er d h<on.Ho nsuranrr is a'r r e Joh.t.Quattrocchi, ice President.
'nt.Under i uig Arneric n Nuclear Insurers Effective Date of Endorsement
.August 20.1988 12r01 A.H.Standard tine To form a part of Policy No.HF-88 Issued to P wer 5 Li ht Com an Date of issue February 16, 1990 For the Subscribing Companies MUTUAL ATOMIC ENERGY LXhSIIZTY UNDER Endorsement No.68 By Countersigned by ME-39b e'1I I~'F~'~~/.A Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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-igt>ted hereon.No Insurance is-orded hereunder.
Joe~..Quattrocchi, ice President Un~s Amencan Nuclear Insurers Effective Date of s Endorsement August 20>1988 12r01 A.H.Standard time To form a part of Policy No.MF-88 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>~~~, p~<<,4~0' 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 (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, 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'tt~
(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' 4~5.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.
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 co Endorsement havin th d oPy o the original of the Nuclear Energy Liabilit pol'." g made part aving t e endorsement number an lg ated her Ny o'-y (Facility Form)as des-ereon.o Insurance is, or e ereunder tht,-esoen~i.'i Amc.an Nuclear Insurere Effective Date of this Endorsement January 1, 1990 12801 A.H.Standard time To form a part of Policy No.NF-88 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 LIABILITY UNDERWRITERS 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'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 12:01 A.tt.Standard time To Eorm a part of policy No.thp-88 Issued to F1orida Power 8 Li ht Com an pate of issue February 16, 1990 For the Subscribing Companies j OTUAL ATOMXC EKQKT LIABILITT UllDHR ndorsement No.I<E-39c (1/1/90)By Countersigned by l, p?
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABII ITY UNDERWRITERS It is agreed that: AMENDATORY ENDORSEMENT (Facility Form)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: (3)(4)damages for on-site property damage;recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs;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:
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.
following.
III DEFINITIONS Wherever used in this policy policy."bodily in)ury" means bodily incur , sickne including death resultin t , any resu ng 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 containing environmental d es ng or, cleanin u neu 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 f th containing small amounts of 1 or e disposal'f waste o nuc ear material."environment" includes land, the atmo watercourses bodi o es of water and natural res e atmosphere, and all whether on above or below th f ow e surface of the ground."environmental cleanup costs" include all t, of directi (th ve (o er than an award of co o any governmental decree, order or g organization to undertake or a fo requ r ng or requestin a p y o onitoring, testing.f th...i.....'.t.h.th.'.th.amination is on abov e surface of the ground."environmental damage" means contamination ment by nuclear material.am na ion of the environ-obli atio"environmental rotecti p on obligations" include all ga ons of any person or organization (1)relating to the protection o contamination or on of the environment from am na on or imminent danger of contamination, (2)imposed b an y 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"lWgi 1 provided such aircraft, watercxaft or vehic used in connection with th e operation of the facility.xa or vehicles axe not"property damage" means physical injur to or or radioactive contamin ti f of property so injured;destroyed or conta 1 f of o t.hil t d imminent dangex'f contamination."source material.>>
>>s ecial p nuclear material." and ma er al>>have the meanin s iv At i E A t of 1954, thereof.o 954, or in any law amendatory
>>spent fuel" means any fuel element or solid or liquid, which has been"the facility" means the f acilit declarations and i 1 d y described in the 3 of the declarations and all r nc u es the location desi n gnated in Item such location.an a property and operations at"transportation incident" means a discha of n 1 r t i 1 f id t th t b k or accident t k p and the collision, upset away from any dis a e place away from an sposal site, and both occur y ny nuclear facility and 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 Worker or Workers Claims (Facility Form)" IU LXMITED DEFENSE OF PARTIALLY COVERE COVERED CLAIMS OR SUXTS The following provisions a 1 wit ti 11 o d 1'duty to defend has been li it d b c a m or suit for which the m e by INSURING AGREEMENT I: e companies'1)
The companies will defend the claim or the companies and the first na rst named 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: 7~8~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)(b)the words"bodily injury or replaced by"bodily injury, environmental damage": and the words"bodily injury and replaced by"bodily injury, environmental damage." property damage" are property damage or property damage" are property damage.and l~l Il 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)(b)(c)(d)(e)The arbitration will take place in New York, New York, and will be governed by the laws of the State of New York.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.
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.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.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'ompetent jurisdiction, state or federal, and judgment thereon entered and enforced, in accordance with the law and practice of the forum.
+I)kt cl (m)(n)(o)Unless the Board decides otherwise, each party shall pay the expenses of the arbitrator appointed by or for it and one half of the other costs of arbitration.
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.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 origina 1 Endorsernent having the endorsement number and being made part of the Nuclear Energy Liability Polit (Facility Form)as des-igna~d hereon.No I sur;ded hereunder.
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 LIABILITY UND WRITERS By sement No.HE-71 (1/1/90)72 Countersigned by Authorized Representative
,l A-9, y'4 0 Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS CHANGES IN SUBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITY ENDORSEMENT 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 7$ol Q c o 0 e SM.H~tQ.8 Arkuright Mutual Insurance Conpany 21K Employers Insurance of Mausau, A Hutual Coapany 21K Liberty Mutual Insurance Cocpany 2'urhermens Mutual Casualty Cocpany 3(Ol Q Q 0)p g 0 Q n0 EI c~g NOTICE OF AIORIAL IEETINGS The annual meetings of Ettpioyers Insurance of Wausau A Hutual Cocpany, are held at its home office in Mausau, Wisconsin, on the fourth Friday of Hay in each year, at nine o'lock in the morning.The arcual meetings of Arkuright Insurance Mutual Coapany are held at its home office in Waithaa, Hassachusetts, on the second Mednesday of Harch in each year, at ten-thirty o'lock in the morning.Rr o>0 0 co'o r V<g o 9 Q7 N 0 The annual meetings of Lunbermens Hutual Casualty Coapany are held at its home office in Long Grove Illinois, on the third Tuesday of Hay in each year, at eleven o'lock in the morning.The arcual meetings of Liberty Mutual Insurance Company are held at its home ,office in Boston, Hassachusetts, on the third Wednesday of April in each year, at ten o'lock in the morning.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 another"Changes In Subscribing Companies And In Their Proportionate Liability 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, if sooner.Effective Date of this Endorsement Janua 1 1990 12:01 A.H.Standard time To form a part of Policy No.~~I Issued to Date of issue F1orida Power 8 Li ht Com an A ril 1 1990 For the Subscribing Companies MUTUAL ATOMIC GY LIABILITY UNDERWRIT S By Endorsement No.73 Countersigned by
'IP'f/.V NucIear Energy LiabilIty Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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)(ii)(iii)(iv)negligence, contributory negligence, 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'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 UC'I CJ 4~5~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.a this is a trtte copy of the oncit This ts to certify that t is is a the endorsetnent ntttn e P'F ili Fo Liability o.y tddh igt ted~ht reon.Joh i.Quattrocchi, Vice President.
n american Nuctear insurers A this Endorsement ugus 12t01 A.N.Standard tine To form a part of Policy No.HF-88 Issued to Florida Power 8 Li ht Company'Date of issue February 16, 1990 For the Subscribing Companies MDTGAL ATOMIC HNKtGY LIhBILITT UNDER By~s orsement No.Countersigned by ME-33b Page 3 of 3 L I~V 1 ich l I IM Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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'F 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.1 This is to certify tha t b d being made part t this is a true copy of the origina vin the endorse ent num er an eing Endorsement ha i g i g f the Nuclear Energy Liability'icy (acii y o'rded hereunder.
~nat~reon J n L.Quattrocchi, Vice President Undexwriting American Nuclear Insurers~~~~s~~Effective Date of Endorsement
'ugust 20, 1988 12rot A.tt.Standard time To form a part of Policy No.MF-88 Issued to P wer 8 Li ht Com an Date of issue February 16, 1990 For the Subscribing Companies MUTUAL ATOMIC E%GU>T LIABILITf UNDER~Endorsement No.68 By Countersigned by HE-39b e I~'t)L Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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 s Bndorsement August 20, 1988 12t01 A.H.Standard time To form a part of Policy No.NF-88 Issued to D t f i ue February 1 6, 1 990 For the Subscribing Companies HUTlDLL ATOMIC-HN1KlrY LDtBILITT UNDERWRITERS By<<~I dorsement No.69 Countersigned by MH-70 Lr t Nuclear Energy Llablllty Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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 f rom 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)(ii)(iii)(iv)negligence, contributory negligence, 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,'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~to The waivers set forth in paragraph 1.above do not ap 1~app y (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 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.Effective Date of this Endorsement January 1, 1990 12rOI A.H.Standard time To form a part of Policy No.tlF-88 is is a true copy of the oriBInal rt'"'b db IS I in the endorsement num er a idh d Liability o icy.rIOI ra're ignatov hereon.No~~4 John L.<'uattrocc, ice o n.'i Vice President.Undeounting American Nuclear Insurers Issued to orida Power 8 Li ht Com any Date of issue February 16, 1990 For the Subscribing Companies MUTISM.ATOMIC ENIKl~Y LIABILITY UNDERWRITERS 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 LIABILlTY UNOERNRlTERS 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 tothe nuclear reactor, and (3)the claimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility.certiiy that this is a true copy of the original d t mber and being made part P 1'iiht Fo)d avin the endorsemen num of the Nuclear Energy Liability Po icy ascii ignat d hereon.No Insurance is affo,ed hereunder.
John.ntt>%, Jic n nn c Ameri'.Nuclear insurers Effective Date of this Endorsement 12801 A.H.Standard time To form a part of Policy No.NF-88 Issued to Florida Power&Li ht Com an Date of issue February 16, 1990 For the Subscribing Companies NPGHLL ATOMIC ENERGY LDtBILITY UNDER dorsement No.ME-39c (1/1/90)71 By Countersigned by o~a u y I C N II+II Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Zt is agreed that: AMENDATORY ENDORSEMENT (Facility Form)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: (3)(4)damages for on-site property damage: recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs: 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 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:
7rr'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.
9,r h A)
INSURING AGREEMENT III is replaced by the following.
following.
III DEFINITIONS Wherever used in this policy polic~"bodily injury" means bodily injur sic 1 di d th res lti th person.resu ng therefrom, sustained by any"covered damages" means damages because of bodil or property damage to which this olic a covered damages do not include env o nc u e environmental cleanup costs"covered environmental cleanup costs" means onl t environmental cleanup costs which are in rr irectly containing environment 1 d es ng or, cleanin u neu extraordinary nuclear o nmen a'amage as the result of an ncident;but covered environmental cleanu'osts ear occurrence or a trans ortatio include on-site cleanup costs."disposal site" means any structure, basin, excav lob d f th containing small amounts of 1 or e disposal of waste s o nuclear material."environment" includes land, the atmo bodi whether on, above or below th o es of water and natural a resources, e ow e surface of the ground."environmental cleanup costs" include all i t f any governmental decree, order or action at la)o er han an award o of covered damages in an organization to undert R aw)requiring or re uestin g a person or for, cleaning up neut li i r a e or pay for monitor orang, testing of the environment, whether the c ra z ng, or containin co g ntamination or below th e surface of the ground.e er he contamination is on, above"environmental damage" means contamination of ment by nuclear material.am na on of the environ-obli ation"environmental rotecti P on obligations" include all ga ons of any person or organization (1)relating to the protection of t contamination or on o the environment from and on or imminent danger of contamination, (2)imposed b an y 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 (2)"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 (2)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
- 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 f issionable 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 f otherwise, to undertake or pay for monitoring testing 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, or veh used in connection vith the a or vehicles are not e operation of the facility."property damage" means physical in"ur to or radioactive contami ti n"ury to or destruction of property so injur d d t na on of propert an loss of use of property while evacuated o e , es royed or conta imminent danger of contamination.
y so contaminated or b ecause of"source material,'>>'special n a nuclear material, and At i E A t of 19S4, ma er al" have the meanin s thereof.c o 19S4, or in any law amendatory"spent fuel" means any fuel element solid or li uid element or fuel component, radiation in any nuclear reactor.qu , which has been used or ex or exposed to"the facility" means the facilit des declarations and incl d th y escribed in the 3 of the declarations and all ro nc u es the location desi gnated in Xtem such location.s an a property and operations at"transportation incident" means a dischar e o po ing conveyance or an shipping contai'ners or containment t ruptures the bo th th di h di or accident take place avay from a f o 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 COVERE COVERED CLAIMS OR SUITS The following provisions a 1 vit artially ov ed 1 i"duty to defend has been li it c a m or suit for which t en m ted by INSURXNG AGREEMENT I: (1)The companies vill defend the claim or the co pani s and th fi t 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)(b)the words"bodily injury or replaced by"bodily injury, environmental damage";and the words"bodily injury and replaced by"bodily injury, environmental damage." property damage" are property damage or property damage" are property damage and 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)(n)(o)Unless the Board decides otherwise, each party shall pay the expenses of the arbitrator appointed by or for it and one half of the other costs of arbitration.
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.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 Date of Issue Februar 16 1990 C an For the Subscribing Companies MUTUAL AZOÃIC EHERGY LIABILITY UND WRITERS By sement No.ME-71 (1/1/90)72 Countersigned by Authorized Representative
'~~I Nuclear Energy I iability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS CHANGES IN SUBSCRIBING COHPANIES AND IN THEIR PROPORTIONATE LIABILITY ENDORSEHENT 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.2~7o Q crr Q~p Qr~r o r nreL a e Q'o Q)cr>+crt Cr 2 V).IG'U~crr r5 Z m Arkrrright Hutual Insurance Company 21K Enployers Insurance of Wausau, A Hutual Carpany 21K Liberty Mutual Insurance Conpany 2Byo Lunbermens Hutuat Casualty Corpany 30K NOTICE OF AIDAIAL IKETINGS The arcual meetings of Arkrrright Insurance Hutual Company are held at its home office in Waitham, Hassachusetts, on the second Weckresday of Harch in each year, at ten-thirty o'lock in the morning.The annual meetings of Enployers Insurance of Wausau A Mutual Ccepany, are held at its home office in Wausau, Wisconsin, on the fourth Friday of Hay in each year, at nine o'lock in the morning.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 another"Changes In Subscribing Companies And In Their Proportionate Liability 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, if sooner.e+Cr r e err d8 0.-Effective Date of this Endorsement Janua 1 1990 12:01 A.H.Standard time The arcual meetings of Liberty Mutual Insurance Company are held at its hane office in Boston, Massachusetts, on the third Wednesday of April in each year, at ten o'lock in the morning.The annual meetings of Lunbermens Mutual Casualty Ccnpany are held at its home office in Long Grove Illinois, on the third Tuesday of May in each year, at eleven o'lock in the morning.To form a part of Policy No.Q~gQ Issued to Date of issue Florida Power 8 Li ht Com an A ril 1 1990 For the Subscribing Companies MUTUAL ATOMIC GY LIABILITY UNDERVRIT S By Endorsement No.73 Countersigned by
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE 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)(ii)(iii)(iv)negligence, contributory negligence, assumption of risk, and unforeseeable intervening causes, whether involving the conduct of a third person, or an act of God, (2)(3)any issue or defense as to charitable or governmental immunity, and I 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 to be provided under any workmen's 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, 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, 1988-12t01 A.H.Standard time To form a part of Policy No.~~8 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 LIABILITY INSURANCE ASSOCIATION SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY I 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 (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 origiri'a"1 E dorsement having the endorsement number'nd being made part n r of the Nuclear Energy Liability Policy (Facility Form)as de-ignat d hereon.No Insurance is affor ed hereunder.
John', Quauroiuii,'V>~
.."...inS Amerihu Nuclear tourer s Effective Date of this Endorsement 1Zr01 A.H.Standard time To form a part of Policy No.NF-185 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 LIABILITY INSURANCE 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 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 h the endorsement number and being made part as des-of the Nuclear Energy Liability Polic (Facility Form)as es-igna ed hereon.o sure d i.N sure~s aP.:ded hereunder.
John'uat'trocchi, Vice President Unde'a American Huciear Insurers Effective Date of this Endorsement August 20~1'988 12t01 A.H.Standard time To form a part of Policy No.NF-185 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 LIABILITY INSURANCE 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)(ii)(iii)(iv)negligence, contributory negligence, 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~to The waivers set forth in paragraph 1.above do not a 1 o app y 0 (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: 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 bodil COVERAGES A and C of the policy providing cover f 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 t e is discovered and for which written claim is made a a e against he 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)(b)the provisions of the policy applicable to the financial protection required of the named insured;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 12rot A.H.Standard time To form a part of Policy No.NF-185 Issued to lt Li ht Com an Date of Issue FebrUary 16, 1990 For the S ribing C panies, oreemeot No.~Countersigned by NE-33c (1/1/90)Page 3 of 3 C'E<~~J K s'I>.c l;~*1 fl tJ t Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE 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 f acility.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 this Endorsement Jan"~)'y', 1990 12r01 A.H.Standard tine To form a part of Policy No.NF-185 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)
~5 II f...t~
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION It is agreed that: AMENDATORY ENDORSEMENT (Facility Form)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 (2)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 ,<,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 which such.carrier would have been entitled t r cover and retain as damages from another person or e e 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:
P 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 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 di expense arising out, of any governmental decree order rective (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 deter the United States Nuclear Regulatory Commis i h mined to be an extraordinary nuclear occurrence as s on as
'A Ol)~II defined in the Atomic Energy Act, o amendatory thereof.gy ct, of 1954, or in any law"governmental" refers to federal, st governments and auth iti and political subdivisions thereof>>indemnified nuclear facility>>means (1)"the facility" as defined in an Nu y o)is ed by Nuclear a ity insurance Associat 2 Atomic Energy Li bili a ty Underwriters, or ()any other nuclear facility, if financial protection is re uired At i E A t of 1954 ith t to t thereat.o any activities or operations conducted"insured shipment<<means a shipment of s 1 1 t i 1 or w stes produc d by th ext y extraction or concentration of its source material content h n en , 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 to an until th e material is removed fro o any other location, but only 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 to i id t 1 (a)he territorial limits of the Uni a (b)international waters or airs ace r th 1 t i 1 transportation between t i n ma eria1 is in the cours n wo po nts located within 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)(2)(3)(4)any nuclear reactor, 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, 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 than aircraft, watercraft or vehicles licensed for highway use,
~Vl I-+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.4~>>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 companies'uty to defend has been limited by INSURING AGREEMENT 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
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)(b)the words"bodily injury or replaced by"bodily injury, environmental damage": and the words"bodily injury and replaced by"bodily injury, environmental damage.<<property damage>>are property damage or property damage" are property damage and
'lt f ,l f In CONDITIONS 5, 11, 15 and 18, and in all e this policy relating th t ere o, the words>>bodil in property damage>>are replaced b damage or environmental damage.>>y o ly inpour y, property CONDITION 19 19, DECLARATIONS, is renumbered CONDXTION 20.The following CONDITION is added to the policy.policy 19 ARBITRATXON OF DISPUTES RELATING TO OF INSURING AGREEMENT XV THE APPLICATION AGREEMENT Iv shall be submitted to a All such disputes subject to paragraph 5 of Board of Arbitration dispute.or a nal and binding resolution of the 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 the art otherwise, the folio i e parties mutually agree e o ow ng principles will apply: (a)The arbitration will take 1 York, and will be governed b th a e p ace in New York New of New York.y e laws of the State (b)Either party may begin the rocess iving notic to th d o o so and the name of t (c)The other party shall then a oint i arbitrator, and th bi writing an umpire before the be i e arbitrators shall a oi y g n the arbit ation.(d)Xf a ac as chairman of the.Board.a party fails to name its arbitrator within p y'ppoint an arbitrator for the ()If the two arbit t selection of an umpire within thirty 30 da s (f)The a e y rawing lots.e arbitrators and umpire shall be execut rance named insured under a Nuclear er a uclear Energy Liability Policy Association or Mutual Atomic E y uclear Energy Liabilit In U d it;id d th t th th followi h 11 g g s a not be eli ible o oth parties:
I+4g I (2)(3)any party or likely party to the underlying claim or suit: American Nuclear Insurers, NAERP Reinsurance Association or their members: or 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 f iled or conf irmed 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.
7 (m)Unless the Board decides otherwise, each party shall pay the expenses of the arbitrator appointed by or for it and one half of the other costs of arbitration.(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.ertifthat this is a true copy of the original i'ed~r~~n.No ns.i c'ere John'Quattrocchi, Vice President Underwriting American Nuclear insurers Effective Date of this Endorsement Januar 1 1990 10 To form a part of Policy No NF-185 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 ii="-71 (1/1/90)109 Countersigned by
'I 0 Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION CHANGES IH SUBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITY ENOORSEMEHT CALEHOAR YEAR 1990'I 1.It is 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.Co The policy shall be binding on such companies only.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.2.0 p)I Q)~~p 0~c C 12.917337K 1.515634K 5.535510K 0.692369K 5.341750K 10.333870X 2'556%4 1.722312K 0.595059K 10.333870K 0.344462K 1.614667K 7.750403K 0.430578K 0.172231K 0.193760K 0.516694K 3.616855K 5.991922K 0.861156K 0.516694K 0.861156K 12.856195K 2.325121K 8.611558K 0.172231'.420907'etna Casualty 8 Surety Co.Al I 1 anz Insurance Company Allstate Insurance ColTMny American Home Assurance Co.Continental Casualty CocTMny Continental Insurance Company Federal Insurance Company General Ins.Co.of America Hanover Insurance Cotpany Hartford Fire Insurance Co.Highlands Insurance Cccpany Horne Indecnity Cocpany Ins.Co.of North America Motors Insurance Corporation Ohio Casualty Insurance Co.Providence llashingtcn Ins.Co.Reliance Insurance Cotpany Royal Ins.Co.of America St.Paul Fire 8 Marine Ins.Co.State Farm Firm 8 Casualty Co.Tokio Marine 8 Fire Ins.Co.Transanerica Insurance Co.Travelers Indarnity Canpany U~S.Fire Insurance Cocpany U.S.Fidelity 8 Guaranty Co.Universal Undergriters Ins.Co.Zurich Insurance Coapany Total 0)Se rU O co'Q th 0P 0 o e c D nl l0 Bi pm o>0~Fs~Effective Date of this Endorsement 100.000000K NE.90 Janua 1 1990 12:01 A.M.Standard time To form a part of Policy No.NF-185 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, if sooner.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 LIABILITY INSURANCE 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)(ii)(iii)(iv)negligence, contributory negligence, assumption of risk, and unforeseeable intervening causes, whether involving the conduct of a third person, or an act of God, 2~(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 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 to be provided under any workmen's 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.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 LIABILITY INSURANCE 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: (2)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 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 d b'm er an eing made part o'rm as es-o e Nuclear Energy Liability P;,cy (Facility F'd e ereon.N In-.v t.ded hereunder.
~~~Jo.Quattrocchi, Vice President.Undenvriting American Nuclear Insurers Effective Date of this Endorsement August 20~1988 12t01 A.H.Standard time To form a part of Policy No.NF-185 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'p p I'I'e*'ŽII Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE 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 any'laim 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 certi y a i t aber and being made part rtif that this is a true copy of the original (F'1'o)d the endorsement num e ded h d r Liability Poli y (acii y o ig ated hereon.No Insurance is>r ereu J..~chi.r'resr nt n Jc In.icrrx~~c r>Am.'n Nuclear Insurers Effective Date of this Endorsement August 20, 1988 12r01 A.H.Standard time To form a part of Policy No.NF-185 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 0 Nuclear Energy LIablllty Insurance NUCLEAR ENERGY LIABILITY INSURANCE 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)(ii)(iii)(iv)negligence, contributory negligence, 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 2~(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.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)(b)the provisions of the policy applicable to the financial protection required of the named insured: 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 (ll ll90)Page 2 of 3 a l~b r'y.'ti 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 occurrence" means an event which the Nuclear Regulatory Commission has determined to be an I 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 Polic (Facility Form)as des-igns ed hereon.No Insurance is aff ded hereunder.
'Joht..Quattrocchi, Vi e resident.Und ri Americ~i Nuclear Insurers Effective Date of this Endorsement January 1, 1990 12r01 A.N.Standard time To form a part of Policy No.NF-185 Issued to 8 Li ht Com an Date of Issue February 16, 1990 For the S ribing C panies, By doreemeot No.~Countersigned by NE-33c (1/1/90}Page 3 of 3
~~~h Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE 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 of the Nuclear Energy Liability Poli (Facility Form)as des-ign t d hereon.No<nsurnnr o is e i~rded hereunder,~, Ch Joh<<, Quattrocchi, Vice President.Unc e wr,.g American Nuclear Insurers Effective Date of this Endorsement 12r01 A.H.Standard time To form a part of Policy No.NF-185 Issued to Florida Power 8 Li ht Com an Date of Issue February 1.6, 1990 or the Su P b ibi ng Com anies, By~~~Endorsement No.108 Countersigned by NE-39c (1/1/90) 7 4 I/
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION Zt is agreed that: AMENDATORY ENDORSEMENT (Facility Form)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: (3)damages for on-site property damage;recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs;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@V8 , 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.U Subdivision (b)above does not include as an insured th nited States of America or any of its agencies, except e 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 of a e xtraordinary nuclear occurrence or a transportation o an 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.I'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 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 Act of amendatory thereof.gy c of 1954, or in any law"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 protection is re uired At, i E A t f 1954 thereat.o any activities or operations conducted"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 content h i n en , erein called"material," (1)to the facility from any location exce purpose other than the cont tation, or an e continuation of its transpor-(2)from the facility to an 2 y o any other location, but cnl e material is removed fro conveyance for from a transporting continuation of its transportation.
e or any purpose other than an the"nuclear energy hazard" means the r 1 i th h material, but only if er azardous ro e p p rties of nuclear (1).the nuclear material is at the facilit or discharged or dispersed therefrom w'ithout inte (2)the nuclear ma is terial is in an insured shi ment'wh s away from any other nuclear facilit and course of transportation.
includin t, o t i id (a)the territorial limits of the United 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 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 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.companies'uty to defend has been limited by'NSURING AGREEMENT 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 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)(b)the words"bodily injury or replaced by"bodily injury, environmental damage": and the words"bodily injury and replaced by"bodily injury, environmental damage." property damage" are property damage or property damage" are property damage and t I t 4" In CONDITIONS 5, 11, 15 and 18, and in all en this policy relating the ereto, the words"bodil in u an in all endorsements to property damage" are replaced by"bodily in ur , r damage or environmental damage." CONDITION 19 D 9, DECLARATIONS, is renumbered CONDITION 20.4 The following CONDITION is added to the policy policy.19 ARBITRATION OF DISPUTES RELATING TO THE OF INSURING AGREEMENT IV E APPLICATION All such dis sputes subject to paragraph 5 of (the"Board")for a final and bi dispute.na and binding resolution of the 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 the arties otherwise, the foll e o owing principles will apply: e parties mutually agree (a)The arbitration will take pl i York, and will be governed b the a e p ace in New Yor k, New of New York.e y e laws of the State (b)Either party may begin the rocess i oti to th oth (c)The other party shall then a o arbitrator d th writing an umpire before the be an e arbitrators shall a oi appo nt in y gin the arbit ation.(d)I a party fails to name its e's a act as chairman of the.Board.i~0)d e other party's written appoint an arbitrator for the art or e party 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 d b States or of organizations desi o o business in the U named insured ons es gnated as the first sured under a Nuclear Energy Liability Polic Underwriters:
provided that the curr without the consent of both parties part es.
lg ht' (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 and one half of the other costs of arbitration.(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 this Endorsement Januar 1 1990 12:Ol A.M.Standard Time To form a par t of Po1icy No NF-185 Issued to Florida Power 5 Li ht Com a Date of Issue Fehruar 16 1990 Por the su ribi ng c pant.es By PRESIDENT dorsement No 109 ilE-71 (1/1/90)Countersigned by 0~Q I5 t e Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION CHANGES IN SUBSCRIBING COHPANIES AND IN THEIR PROPORI'IONATE LIABILITY ENDORSEHENT 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.12.917337K 1.515634K 5.535510K 0.692369K 5.341750K 10.3338704 2.755699K 1.722312X 0.595059K 10.333870K 0.344462K 1.614667K 7.750403K 0.430578K 0.172231K 0.19376m'.516694K 3.616855K 5.991922K 0.861156X 0.516694K 0.861156K 12.856195K 2.325121K 8.611558K 0.172231K 1.420907K NE.90 To form a part of Policy No.NF-185 12:01 A.H.Standard time 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, if~m~sooner.co m Aetna Casualty B Surety Co.(9 Aiiiant Insurance Carpany g Allstate Insurance Cocpany American Home Assurance Co.glo c Continental Casualty Coapany Continental Insurance Company lg Federal Insurance Canpany General Ins.Co.of America g U g Hanover Insurance Ccapany CL~~~Hartford Fire Insurance Co.Highlands Insurance Cccpeny Hans Indecni ty Cocpany Io ch a Ins.Co.of North America e o+<Hotors Insurance Corporation Ohio Casualty Insurance Co.Providence Washington Ins.Co.Reliance Insurance Cerpany Royal Ins.Co.of America St.Paul Fire 8, Harine Ins.Co.State Farm Firm 4 Casualty Co.g e~.,Z~Tokio Harine E Fire Ins.Co.s c: Transaner i ca Insurance Co.O Travelers Indenni ty Ccepany U.S.Fire Insurance Cocpany U.S.Fidelity 8 Guaranty Co.Universal Underuriters Ins.Co.Zurich Insurance Cccpany Ql Total 100.000000K p Ql Effective Date of this Endorsement Janua 1 1990 Issued to Florida Power 5 Li ht Com an e of Issue A ril 1 1990 By President For the Subscribing C 6panies, (I!',~=4'., Endorsement No.112 Countersigned by h
Nuctear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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 (1)any issue claimant or not limited the companies agree to waive or defense as to the conduct of the the fault of the insureds, including but 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, 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 ME-33b Page 1 of 3
,*'4 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.(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)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-irnati i he~a-.No n.ra.=ar.hereunder.
~~o John L.uattrocchi, Vice President.
Underwriting American Nuciear Insurers hi E d August 20, 19&&12t01 A.H.Standard time To form a part of Policy No.MF-55 Issued to Date of issue id Power 8 Li ht Com an February 16, 1990 For the Subscribing Companies MUTUAL ATOMIC E%9KY LIABILITY UNDER By ndorsement No.Countersigned by ME-33b Page 3 of 3
~~
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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, 1988'2:Ol A.H.Standard 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 LIABILXTY UNDER By Endorsement No.Countersigned by ME-39b l
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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 LlABIUTY UNOERNRITERS 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)(ii)(iii)(iv)negligence, contributory negligence, 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: NF.-33c (1/1/90)n Page 1 of 3 ft (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)(b)(c)the provisions of the policy applicable to the financial protection required of the named insured: 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 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 4~5.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.
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 12r01 A.H.Standard tine To form a part of policy No.NF-55 Issued to&'Cman D t f issue February 16, 1990 For the Subscribing Companies KEELL ATONIC BHBRGT LXASILXTT UNDBRQRITBRS By orsement No.Countersigned by ME-33c (1lll90)Page 3 of 3 M~g f 4)
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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 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.This ls to certify that this ls a true copy of the original Endorsement having the endorsement number and being made part of he Nuclear Energy Liability Poli (Facility Form)aq des-igned hereon.No~su'~~'rded hereunder,~, Q Jahn Quattrocchi, Vice President Under t u American Nuclear Insurers Effective Date of this Endorsement January 1, 1990 12r01 A.H.Standard time To form a part or policy No.hip-SS 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 Endorsement No.ME-39c (1/1/90)By Countersigned by
~it l,~(H I' Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS It is agreed that: AMENDATORY ENDORSEMENT (Facility Form)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 th y e following:
IXX DEFINITIONS Wherever used in this policy.policy.<<bodily in)ury<<means bodily incur , sick including death resultin t resu ng therefrom, sustained by any"covered dama es<<amages means damages because of bodil i or property da a e to hi h thi oli covered damages do not include environme"covered environmental cleanup costs" means onl environmental cleanup costs which are i ire tly i i i o t 1 d g, es ng for, cleanin u neut extraordinary nuclear o ld o-it 1 ot<<disposal site" means any structure, basin e premis r lace prep d*disposal of waste materials of a pare as a dum or site s o a general nature, but which containing small amounts of 1 e use for the disposal of waste n s o nuclear material.as e materials"environment" includes land, the at b.dies whether'on, above or below th f s, o es of water and natural res resources, ow e surface of the ground."environmental cleanup costs" include all go organization to undertake or a p y o oni ovine, e ting g contamination or below the surface of the groun ground.<<environmental damage" means contamina ment by nuclear material.n am nation of the environ-obli atio<<environmental rotecti p ion obligations" include all ga ons of any person or organization (1)relating to the protection of t and on or imminent danger of contamination, (2)imposed b an y y governmental laws, regulations-or"extraordinary nuclear occur th U i e n ted States Nuclear Re occurrence" means an event hi h w c 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 or vehic used in connection with the e operation of the facility, a or vehicles are not"property damage" means physical incur to or or radioactive contamination of pro of o t o i]d d los of of t hil use b c ossibl imminent danger of contamination.
s y so contaminated or be cause of"source material,""s ecial p c a nuclear material," and Atomic Energy Act of 1954 or c ma er al" have the meanin s iven thereof.o 954, or in any law amendatory"spent fuel" means any fuel element or f"the facility" means the facilit desc declarations and incl d th 3 of the declarations and all ro nc u es the location desi gnated in Item such location.s an a property and operations at"transportation incident" means a discharge or dis th collision, upset away from any disposal it n a e p ace away from an nuclea of the transportation, includin handl s e, and both occur in 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 is re laced b s rep aced by the following and Coverage Endorsement for Norkers Amendment of r orkers Claims (Facility Form)IV LIMITED DEFENSE OF PARTIALLY COVERE COVERED CLAIMS OR SUITS The following provisions a 1 wit ti lly d 1 i duty to defend has been li it d b c a m'or suit for which the c m e by INSURING AGREEMENT I: companies'1)
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 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 19.5~6~7~8.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)(b)the words"bodily injury or replaced by"bodily injury, environmental damage": and the words"bodily injury and replaced by"bodily injury, environmental damage." property damage" are property damage or property damage" are property damage and
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'1~1Cl 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 and one half of the other costs of arbitration.(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 and b i d er an eing ma 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 Llht Com an Date of Issue Februar 16 1990 For the Subscribing Companies MUTUAL ATONIC EHERGY LIABILITY UND KtITERS By Endorsement No.HE-71 (1lll90)Countersigned by Authorized Representative
~~II w~J Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS CHANGES IN SDBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITY ENDORSEMENT 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.2.70 g U e~$e Po u.H Ol L sc:u (y Qj mn u)0 g Pe vh 0~~cI~g co U,g Q Arkuright Hutual Insurance Company 21K Errployers Insurance of Wausau, A Hutual Canpany 21K Liberty Hutual Insurance Coapany 2E'unbermens Mutual Casualty Company 30Z NOTICE OF AIDRIAL IEETINGS The arcual meetings of Arkuright Insurance Hutual Ccepany are held at its home office in Walthan, Hassachusetts, on the second Wednesday of March in each year, at ten-thirty o'lock in the morning.The annal meetings of Eapioyers Insurance of Wausau A Hutual Cocpany, are held at its hcme office in Wausau, Wisconsin, on the fourth Friday of Hay in each year, at nine o'lock in the morning.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 another"Changes In Subscribing Companies And In Their Proportionate Liability 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, if sooner.jag)h m U m~<<'5Ž~op Q Ql The arcual meetings of Liberty Mutual Insurance Company are held at its home office in Boston, Hassachusetts, on the third Wednesday of April in each year, at ten o'lock in the morning.The annual meetings of Lmhermens Mutual Casualty Conpany are held at its home office in Long Grove Illinois, on the third Tuesday of May in each year, at eleven o'lock in the morning.Effective Date of this Endorsement Janua 1 1990 12:01 A.H.Standard time To form a part of Policy No." MF-55 Issued to Florida Power 8 Li ht Com an Date of issue A ril 1 1990 For the Subscribing Companies MUTUAL ATOMIC GY LIABILITY UNDERVRIT S By Endorsement No.Countersigned by 0/t M)
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY I IABILITY UNDERNRITERS 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)(ii)(iii)(iv)negligence, contributory negligence, 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 l.above do not apply to ME-33b Page 1 of 3
~P~g 1, pk I I 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.(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)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.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 Po'cy (Facility Form)as des-i...deci hereon.No Insurance is forded hereunder.
Q h L Qu+txoccht, xce resident U'ng Axnencan huclear insurers this Endorsement
~"gus<20 1988 12r01 A.H.Standard time To form a part of Policy No.NF-55 Issued to Date of issue ida Power&Li ht Com an February 16, 1990 For the Subscribing Companies MUTUAL ATOMIC 196K%[LIABILITY UNDER By ndorsement No.91 Countersigned by ME-33b Page 3 of 3
~~~, f~'I'I'L 0 Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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, 1988'2rOI A.H.Standard 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 LIhBILITT UNDER By Endorsement No.Countersigned by ME-39b
(,
Nuclear Energy Liabiiity Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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~This is to certify that this is a true copy of the original n'h dorsement number and being made part's des-of the Nuclear Energy Liability Poli j (FaciTity Form)'s es-d h.No nsur ro's a'ded hereunder.
ign ted hereon.o nsur Joh.Quattracchi,lce President Unue 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 LIhBILXTT UNDERVRITERS By ndorsement No.Countersigned by HE-70 n I r Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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)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, 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 ap ly to~app (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)(b)the provisions of the policy applicable to the financial protection required of the named insured: 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.This is to certify that this is a true copy of the original Endorsement having the endorseme t number and being made part of the Nuclear Energy Liability Pol'Facility Form)as des-ign, ted hereon.No st.'.'hereunder.
I ttaamcs~Joht.Quattrocchi, Vice President.
Underwriting American Ht ctear tnsurers Effective Date of this Endorsement January 1,,1990 12t01 A.H.Standard tine ro form a part of Policy No.Np-SS 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 LIABII ITY UNDERWRITERS SUPPLEMENTARY ENDORSEMENT MAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITYIt 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 inconnection 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, 9y jya)Endorsernent havin9 the epgogqq~erlit n~pqjayf Iqq~agp gag of ate Nuclear Energy Llptbjigy pQy pyR!gy,@gg)g$pg igna kaid}t raAn, NO,'g>,,r pre hgcgqfjj John~Quattrocchi, Ytce Piesidetll UAt10fWiiliHg American Nuclear lnsurers Effective Date of this Endorsement 12:01 A.M.Standard time To form a parr of Policy No.IIF-55 Issued to rida Power ft Li ht Com an Date of issue February 16, 1990 Por the Subscribing Companies MUTML ATOMIC ENERGY LIABILITY UNDER Endorsement No.95 By Countersigned by ME-39c (1/1/90)
N p K Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS It is agreed that: AMENDATORY ENDORSEMENT (Facility Form)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)(2)(3)(4)damages for on-site property damage: recovery of on-site cleanup costs or any other cleanup costs except covered environmental cleanup costs: 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 (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 su h 1 w shall be deemed to be a workmen's compensation carrier a suc 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 replaced b th e y t e following:
III DEFINITIONS Wherever used in this policy.includin death e"bodily injury" means bodil in u y njury, sickness or disease, person.ng ea resulting therefrom sustain d b ne y any"covered damages" means damages because of bodil or property damage to which this olic covered damages do not include en o nc u e environmental cleanup costs>>covered environmental cleanup costs" means onl environmental cleanup costs which are c are incuxred directly containing environmental d es ng or, cleanin u , neut"disposal site" means any structure, basin e premises or place prepa d disposal of waste materials of a e pare as a dum ox'it containing small amounts of 1 e use for the disposal of waste s o nuclear material.as e materials"environment" includes land, the a e atmosphere, and all whether on, above or below th o es of water and natural resources, e ow e surface of the ground.>>environmental cleanup costs" include al 1 loss, cost or directive (th o any governmental decree, ordex or action at 1)o er than an award o of covered damages in an organization to undertake or pa aw)requiring or re uestin for, cleaning up neutralizing or io t hth ground.>>environmental damage" means contaminat ment by nuclear material p ction obligations" include all"environmental rotect o ga ons;of any person or organization (1)x'elating to the protection of the e contamination or im i o e environment from and or mm nent danger of contamination, (2)imposed b an y 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, plt' 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 (2)"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 (2)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 I, jt tI 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 ti of property so in'jured, destroyed or es ro e or contaminated, and er y w le evacuated o imminent danger of contamination.
y so contaminated or b ecause of"source material,""s ecial p c a nuclear material," and Ato ic E A t of 1954 c ma er al" have the meanin s thereof.c o 1954, or in any law amendatory"spent fuel" means an fuel e y 1 element or fuel component, quid, which has been used or ex os radiation in any nucleax reactor.or exposed to"the facility" means the facilit d 1 tio d i 1 d 3 of the declarations and all r nc u es the location desi gnated in Item p operty and opexations at"transportation incident" means a dischar e or dis collision or upset of the trans or e ransporting conveyance, or an a breaks open, punctures or ruptures the inment thereon: but only if p nd the collision, upset e scharge or dis ersal a y nuclear facility and en a e place away from an of the transportation, includin han sposa site, and both occur i n the course i id t 1 th to 4~"waste" means any waste material (1)containing byproduct material and (2)resulting from the o eration 2 peration by any person or a za on of any nuclear facility included vithi e ef inition of nuclear f aci 1 it n (1)or (2)thereof.facility under paragraph INSURING AGREEMENT IV is replaced b I d 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 d 1 i duty to defend has been li it d e c a m'or suit for which th m eby INSURING AGREEMENT I: e companies
(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)(b)the words"bodily injury or replaced by"bodily injury, environmental damage";and the words"bodily injury and replaced by"bodily injury, environmental damage." property damage" are property damage or property damage>>are property damage and 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."'e 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 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 and one half of the other costs of arbitration.(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 LIABILITY UND WRITERS By En orsement No.ME-71 (1/1/90)Countersigned by Authorized Representative
~~I U Jf 1 w 0 Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS CHANGES IN SUBSCRIBING COHPANIES AND IN THEIR PROPORTIONATE LIABILIT'Y ENDORSEMENT 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.Q I u w P5~6 Q)Q'Q 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 another"Changes In Subscribing Companies And In Their Proportionate Liability Endorsement" changes the Companies and/or their proportions as listed in thisendorsement, or to the time of the termination or cancellation of the policy, if~~sooner.IL Q A a)Q Q f4 C NOTICE OF NMIAL IEETINGS The nnrmai meetings of Eapioyers Insurance of Wausau A Mutual Cocpany, are held at its home office in Wausau, Wisconsin, on the fourth Friday of Hay in each year, at nine o'lock in the mornirg.The arnuai meetings of Arkuright Insurance Hutual Cocpany are held at its home office in Walthsn, Massachusetts, on the seccnd Wednesday of March in each year, at ten-thirty o'lock in the morning.c v Q~~W Q)Effective Date of this Endorsement The annual meetings of Lunbermens Mutual Casualty Company are held.at its home office in Long Grove Illinois, on the third Tuesday of Hay in each year, at eleven o'lock in the morning.The equal meetings of Liberty Hutual Insurance Company are held at its home office in Boston, Hassachusetts, on the third Wednesday of April in each year, at ten o'lock in the morning.To form a part of Policy No.MF-55 Janua 1 1990 12:01 A.H.Standard time Arkuright Mutual Insurance Coapany 21K Enpioyers Insurance of Wausau, A Hutual Company 21K Liberty Mutual Insurance Coepany 2$.'unbermens Hutual Casualty Company 30K Issued to F1orida Power&Li ht Com an Date of issue A ril 1 1990 For the Subscribing Companies MUTUAL ATOMIC GY LIABILITY UNDERMRIT S By Endorsement No.99 Countersigned by 0~i (jI'g.9(}
Nuclear Energy LIabillty Insurance NUCLEAR ENERGY LIABILITY INSURANCE 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 i'i 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.~rimaxr financial rotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2)(3)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 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 e ll p ctive premium (exclusive of t a ovance for e o Condition pr mium taxes)payable pursuant respect to eac n 2 of the Master Policy v'th ach nuclear incident:$51,266,250.
i T THIS IS A TRUE COPY OF THE ORIGINAL GER DESIGNATED HEREON FOR NDER THE t'I@STER POLICY-NUCLEAR ENERGY N CIAL PROTECTION)
NO LIABI ITY INSURANCE (SECONDARY FIN I INSUR lNCE IS AFFORD-0 BY IS CO JOH..QUA~.O C, VICE PH SID'ENT-UNDERVIRITING AMERICAN NUCLEAR INSURERS Bffective Date of August 20, 1988 12:01 A.H.Standard time\To form a part of Certificate No." 25 Issued to Date of Issue Bndorsement No.Florida Power 8 Light Company Harch 23, 1990 For the S s ribing C anies, By esident Countersigned by NE-S-l4 Page 2 of 2
)*I Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO.N"25 FORMING PART OF MASTER POLICY NO.1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 1~2~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".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.~"'"."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 ii"..*'"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 12:01 A.N.Standard time To form a part of Certificate Ho.Issued to Date of Issue F1arida Power 8 Light Company March 23, 1990 For the Sobs ribing Com anies, By Endorsement No.16 HE-S-18 (1/1/90)Countersigned by H e~~~
NucIear Energy LlabIlity Insurance NUCLEAR ENERGY LIABILITY INSURANCE 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 of'llowance 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 OF THE ORIGINAL CERTIFICATEBEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY LIABIL TY 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 12:01 A.H.Standard time To form a part of Certificate No.""~5 Issued to Date of Issue ndorsement No.Florida Power 8 Light Company March.23, 1990 por the S s ribing C anies, By esident Countersigned by NE-S-14'Page 2 of 2 spica.I 8 I~I 5 p Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILlTY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO.N-25 FORMING PART OF MASTER POLICY NO.1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection)
.2~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".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'-!,gifii jul-e~6 ytp gr-""ito-r"'"'"~Ur COpY Op tHprgl" tm~~~!FraE,.'.~'-': '...t:"-,~iGNATED HPb QY tits.gaCSCC a:G:-;'".'t"".r E>'pPNStt.
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3CK9 Effective Date of this Endorsement Januar 1, 1990 12t01 A.N.Standard time To form a part of Certificate No.Issued to F1orida Power 5 Light Company Date of Issue Narch 23, 1990 Por the Subs ribing Cem anies, (, Endorsement No.16 HE-S-18 (1/i)90)Countersigned by 0 I'e~~'
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE 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.
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 LIABIL TY INSURANCE (SECONDARY FIN CIAL PROTECTION).
NO INSUR tICE IS AFFORDE.BY COP/ZUA~i<<CC'I E PRtSIDENT-UNDERWRITING AMERICAN NUCLEAR INSL<RERS Effective Date of ndorsement August 20, 1988 12:01 A.H.Standard time To form a part of Certificate No.Issued to Date of Issue Endorsement No.F1orida Power 5 Light Company Harch 23, 1990 Por the S bs ribing C anies, I By esident Countersigned by NE-S-14 Page 2 of 2 1%, J a Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO.tI-26 FORMING PART OF MASTER POLICY NO.1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 1~2~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".This endorsement applies to all claims f or 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.TPe IS TA CERTIFY THAT TH5'P s,<"'I">OPY OF THE ORIGINAL c'.;i'iFIci'<FE, BEARING THE Ntl.'..".-INANE'"D HEREoiI, F0R II:BUR.'i"4E COVERAGE UNDER"'i',",." i'iA,"-"ER POLICY-NUCLEAR ENERGY L!:ii.I TY I..'IQURV>CE tSECONV)AAY FI~i".ACIAL PROTECTION).
NO~~i JCHN.QI'ATTROCCHI VICE PRESIDENT-UNOERV<RITING AMERICAN NLICLEAR liNSURERS Effective Date of this Endorsement January 1, 1990 12i01 A.H.Standard time To form a part of Certificate No.""26 Issued to Florida Power&Light Company Date of Issue March 23, 1990 For the Subs ribing Com anies, Endorsement No.16 NE-S-18 (1/1/90)Countersigned by P
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE 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 with respect to which the rimar financial 2'b i 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 XV,"Application o f Policy" of the~rimary 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'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 OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURAi ICE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY INSUR>'JCE IS AFFORDE 8 P', UABIL TY INSURANCE (SECONDARY FIN CIAL PROTECTION).
N JOHN lUAl i C'Ch VICE PRESIDENT-UNDERWRITING AMERICAN'UCLEAR INSURERS Effective Da Au ust 20.lgaa this Endorsement 12:01 A.H.Standard time N-26 doom e nett o Issued to Florida Power 8 Light Company Date of Issue March 23, 199o Por the S bs ribing C anies, ndoteement No.15 By Countersigned by esident NE-S-14 Page 2 of 2
'I y c'+q' Nuclear Energy Liability Insurance, NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO.N-26 FORMING PART OF MASTER POLICY NO.1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 1~2~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".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 CEP, IFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFIC: T',',.'..A ING TII".I'UMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE O'Z>ER THE MASTE POLICY-NUCLEAR ENERGY LIABILIT INSURANCE(SECONDARY FINAN AL PROTECTION).
NO INSURAt"E IS~RDE Y~~JOHN L.i'TTROCCHI VICE PRESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement Januar 1, 1990 12:01 A.H.Standard time To form a part of Certificate No." 26 Issued to Date of Issue F1orida Power 5 Light Company March 23, 1990 For the Subs ribing Com anies, Endorsement No.16 NE-5-18 (1/1/90)Countersigned by
NucIear Energy LIabilIty-Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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 application of Insuring Agreement ZV,"Application of Policy" of the primarr financial rotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, and (2)(3)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 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 12t01 A.H.Steriderd time To form a part of Certificate No.N ff Issued to Date of issue Fl ori da Power Im Li ght Company t1arch 23, 1990 r For the Subscribing Companies NmIAL ATOKKC ENIKGY LIhBIIZTT ERQRI'.AYERS Endorsement No.15 By Countersigned by ME-S-14 Page 2 of 2 h
Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ENDORSEMENT TO CERTIFICATE NO.N 25 FORMING PART OF MASTER POLICY NO.l NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 1~2~words"bodily injury or property damage" are amended to read n u , ro ert dama e or environmental dama'e".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.HAT THIS IS A TRUE COPY OF THE ORIGINAL THiS ls To CERTIFY THA'" ER DESIGNATE HEREON FOR CERTIFICATE BEARINNE MASTER POLiCY NUCLEAR ENERGY INU A<C COE EUb, R LIASL TY INSURA'iCE (SECONDARY FINA'NSURE<CE IS AFFORDE~BY THIS COPv.30HN,>uPi~CCh ViCE PRr~IDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement Januar 1, 1990 12:Ol A.N.Standard tine To form a part of Certificate No.H-25 to Florida Power&Li ht Company Date of issue March 23, 1990 For the Subscribing Companies}6}XML ATONIC ENERGY LIABILXTY ERQRITERS By r~~~ndorsement No.16 Countersigned by
~0~-V~J%r~-
Nuclear Energy Llabllity Insurance MUTUAL ATOMIC ENERGY UABILITY UNDERWRITERS 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 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)(3)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 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 III.)Item 4.(b)of the certificate is deleted.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 12:01 A.H.Starward time To form a part of Certiftoate No.N 25 Issued to Date of issue Florida Power In Light CompanY'arch 23, 1990 For the Subscribing Companies MQTQAL ATOMIC ENERGY LLLBXLITY ERQRITERS Endorsement No.15 By Countersigned by ME-S-14 Page 2 of 2 1~J,'t:~)J J I' Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LlABlLITY UNDERWRlTERS ENDORSEMENT TO CERTIFICATE NO.FORMING PART OF MASTER POLICY NO.1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 1~2~words"bodily injury or property damage" are amended to read n ur , ro ert dama e or environmental dama e".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'OHN)'Gal)n CCH VICE PRt;~IDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement Januar 1, 1990 12:01 A,H.Standard time To form a part of Certificate No.M-25 Issued to F1orida Power&Li ht Company Date of issue Mar'ch 23, 1990 For the Subscribing Companies MPH.ATOMIC ERHM>Y LIABILITY ERQRITEUi ndorsement No.16 By Countersigned by NE-S-18 (1/1/90) ff Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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,"Appl ication 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.
THIS IS TO CERTIFY THAT THIS Ig 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 INSURAi'CE IS AFFORDED BY THIS COPY JOHN i<uA i Sh VICE PRt: IDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement August 20, 1988'l2:01 A.H.Standard time To form a part of Certiftoate No.pt-p6 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 LIABILITY UNDERWRITERS ENDORSEMENT TO CERTIFICATE NO.N"26 FORMING PART OF MASTER POLICY NO 1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 2.words"bodily injury or property damage" are amended to read n ur , ro ert dama e or environmenta dama e".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'IAL PROTECTION).
NO INSURA.'CE IS"<ORDE BY JOHN L.<UATTROCCHI VICE PRE'IDENT-UNDER>VRITING AMERICAN NUCLEAR INSURERS ,'5 Effective Date of this Endorsement Januar 1, 1990 12t01 A.H.Standard tiae To form a part of Certificate No.""26 Issued to F1orida Power 8 Light Company Date of issue March 23, 1990 For the Subscribing Companies)GJTlllhL ATMIC ERR'DiSIIZTY ER%tITERS Endorsement No.16 By Countersigned by ME-S-18.(1/1/90) 4'I/l P Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY UABILITY UNDERWRITERS 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)(3)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 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 August 20m 1988 12:01 A.N.Stondard tiitp.'o form a part of Certificate No.M-26 Issued to Date of issue, FIorida Power Im Li ht Company I1arch 23, 1990 i Por the Subscribing Companies HOTEL.ATOMIC EHHHlmr LIABILITY ERQRITERS Endorsement No.15 By Countersigned by MB-S-.14 Page 2 of 2 I4 f C1 I,'l Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ENDORSEMENT TO CERTIFICATE NO.M-26 FORMING PART OF MASTER POLICY NO.1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 2.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".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.F THE ORIGINAL HIS IS To CERTIP HE NUVBER DESIGNI-NUCLEAR ENERGY Y THAT THIS IS A TR i%TED HEREON, FQR CFRTIFICA'UNDER THE MA.PROTECTION).
NO TE B~~RING T'r STt-R PQLlCY-INSURANCE CO~ERA~CONOARY FINA,-IAL LIABIL<ORD Y INSURANCE (SE INSUR>>'CE I PHN L ENT-UNDERWRITING L VATTROCCHl VICE""E, UCLEAR INSURERS Effective Date of this Endorsement Januar 1, 1990 1R:Ol A.H.Stendard tine To form a part of Certificate No<-26.Issued to Date of issue Florida Power 8 Light Company March 23, 1990 For the Subscribing Companies MPHIL ATMIC RKRGY LIABILITY ERR%TERS ndorsement No.16 By Countersigned by ME-S-18 (1/1/90) 1I C Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE 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: 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 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 12901 A.H.StaftdNrd time To form a part of Certificate No.N-59 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 LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO.N-59 FORMING PART OF MASTER POLICY NO.1 NUCLEAR ENERGY LIABILITY, INSURANCE (Secondary Financial Protection) 1~2~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".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 COVERAGE UNDER THE MAS~-R POLICY-NUCLEAR ENERGY LIABII I 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 12:01 A.H.Stendard time To form a part of Certificate No.~N-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 i d'C p~~~<'k Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE 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)(3)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 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 III.)Item 4.(b)of the certificate is deleted.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 THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY LIABIL TY INSURANCE (SECONDARY FINk'!AL PROTECTION).
NO INSUR>"ICE IS AFFORD B COP'OHN QUA CCI.VICE PR SIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date Au ust 20 1988 this Endorsement 12:01 A.H.Standard tIme To fora a part of Certificate No.Issued to Date of Issue florida Power 8 Light Company 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 LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO.N-Sg FORMING PART OF MASTER POLICY NO.I NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 1~2~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"bodi1 in'ur , ro ert dama e or environmental dama e".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 INSURANCE CERTIFICATE, BEARING THE NUMBER DESIGNATED HER OV COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY E i,FOR LIABILI INSURA"t'CE (SECOi4DARY FINANC 0L PROTECTION.
NO INSURAIt'E IS AFFLIRDEO BY THIS COPY.N).NO JOB I L.<<t~'ITfI~HI~I~4~
VICE PREs.'DENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement January 1, 1990 12t01 A.H.Standard tiae To form a part of Certificate No.~N-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 LIABILITY INSURANCE 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: 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 X.)Subparagraph (c)on Page 1 of the certificate is amended to read as follows: (c)to (2)(3)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 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 THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON," FOR INSURANCE COVERAGE UNDER THE MAS R POLICY-NUCLEAR ENERGY LIABIL TY INSURANCE (SECONDARY FIN i'IAL PROTECTION).
NO INSURA'ALICE I~SFFORDE BY JOHN.t UATRBCCH VICE PRE~IDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date o Au ust 20, 1988 this Endorsement 12:01 A.H.Stttndnrd time To form a part of Certificate No.N-89 Issued to.Date of Issue Endorsement No.Florida Power 5 Light Company Harch 23, 1990 For the S bs ribing C anies, By esident Countersigned by NE-S-14 Page 2 of 2 4 I'l II lc>>
Nuclear Energy Liability insurance NUCLEAR ENERGY LlABlLlTY lNSURANCE ASSOCIATlON ENDORSEMENT TO CERTIFICATE NO.N-89 FORMING PART OF MASTER POLICY NO.1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection}
2.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".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 COVERAGE UNDER THE IIASTER POLICY-NUCLEAR ENERGY L BILITY INSURANCE (SECONDAR INANCIAL PROTECTION).
NO Ih'URAN S AFF, DE Y.TfR'CHI VICE.PRESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement Januar 1, 1990 12:01 A.H.Standard time To form a part of Certificate No.N-89 Issued to Florida Power 8 Li ht Com an Date of Issue March 23, 1990 For the Sobs ribing Companies, By Endorsement No.~NE-S-18 (1/1/90)Countersigned by
),I 0 f 4 4 lw f4-t\1~~A a y Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABlLITY INSURANCE 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 (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 OF THE, ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MASTER POLICY-NUCLEAR ENERGY L'-'~!LI, Y INSURANCE (SECONDARY FINAI'AL PROTECTION).
NO INSu..r, CE'S<~OBOE RY JOHN L.'JATTROCCHI VICE PRESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Bffective Date of August 203 1988 12:01 A.H.Standard time fo form a part of Certfffoate No.N-89 Issued to Date of issue Florida Power&Light Company por the S bs ribing C aniesp f Nndoraement No.13 By Countersigned by esident NE-S-l4 Page 2 of 2 l ,J fl Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO.N-89 FORMING PART OF MASTER POLICY NO.1 NUCLEAR ENERGY LIABILITY INSURANCE (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.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 IABILITY INSURANCE (SECONDAR'INANCIAL PROTECTION).
NO i ISURANCE IS AFF RDEll Y THI OPY.Vi PRESIDENT-UNDERWRITIN AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement January 1, 1990 12:01 A.H.Standard time To form a part of Certificate No.N-89 Issued to F1orida Power 5 Li ht Com an Date of Issue March 23, 1990 For the Subs ribing Companies, By Endorsement No.~Countersigned by HE-S-18 (1/1/90) a~'.'j/
Nuclear Energy Liability insurance MUTUAL ATOMIC ENERGY'lABlLlTY UNDERNRlTERS 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 (2)(3)exhaustion of its limit of liability as described in Condition 6 of the Master Policy, or (ii)the application of Insuring'Agreement IV,"Application of Policy" of the primary financial rotection, as amended by paragraph 3 of the Waiver of Defenses Endorsement attached thereto, andwhich 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 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 res ec to Condition 2 of the Master Policy'th pect to each nuclear incident:$14,883,750.
w1 TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL THE NUMBER DESIGNATED HEREON, FOR CERTIFICATE, BEARING T INSURANCE COVERAGE UNDER THE MAS TER POLICY-NUCLEAR ENERGY 0.NO LIABIL TY INSURANCE (SECONDARY FINA CIAL PROTECTION).
INSUR/'tICE IS AFFORDE B JOHN, RUAT t ('CH VIC2, PR'IDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement August 20, 1988 12t01 A.H.Standard titte To form a part of Certificate No.M-59 Issued to Date of issue Florida Power 8 Light Company l1arch 23, 1990 For the Subscribing Companies Endorsement No.15 HQTELL ATONIC EMBRY LLLBILITY ERQRITERS By/Countersigned by ME-S-l4 page 2 of 2
/8 Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
)ENDORSEMENT TO CERTIFICATE NO.M-59 FORMING PART OF MASTER POLICY NO.1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 2~words"bodily injury or property damage" are amended to read ur , o ert dama e or e vironme tal dama e".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'LEAR EWER~~.,"'.,'PQuGV-NU PRQTEGTlQN)'
~ARy PNA ifAL'.A~NSUH--'""-., C~>~~~ŽI7~gQHg L Q"A UNDERggTB4C
~RQGGH VlGE PRES~DE-"R 1NSQRERS AMERIGAN NUGLEA Effective Date of this Endorsement Januar 1, 1990 12:01 A.H.Staxhrd Cim To form a part of Certificate No.N-59 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 LAABILIY UNDERWRITERS 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 (2)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 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:$14.,883,750.
THIS IS TO CERTIFY THAT THIS IS A TRUE COPY OF THE ORIGINAL CERTIFICATE, BEARING THE NUMBER DESIGNATED HEREON, FOR INSURANCE COVERAGE UNDER THE MAS ER POLICY-NUCLEAR ENERGY LIABIL'TY INSURANCE ISECONDARY FIN$CIAL PROTECTION).
NO INSUR ICE P~ORP i'JOHN'UATTROCCHI VICE PRESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement August 20, 1988 12:01 A.H.Standard time To form a part of Certificate No.N-59 Issued to Florida Power&Light Company Date of issue Endorsement No.March 23, 1990 15 For the Subscribing Companies MOTIIhL hTOMIC ENEBGT LIABILITY ERQRITKRS By Countersigned by ME-S-14 Page 2 of 2 tIl t ,Wi Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ENDORSEMENT TO CERTIFICATE NO.M-59 FORMING PART OF MASTER POLICY NO.NUCLEAR ENERGY LIABILITY INSURANCE (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"Y INSURANCE (SECONDARY FINA AXIAL PROTECTION).
NO INSURE'CE I~r"-""ORDFPQY
~.c~Pe~~~s~~+~
JOHN L~:jATTROCCHI YICE PRESIDENT-UNDERWRITING AMERICAN NUCLEAR INSURERS Effective Date of this Endorsement Januar 1, 1990 12t01 A.M.Standard tiai.To form a part of Certificate No.M-59 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,~r e c'~~'
Nuclear Energy Liabiity insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 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)(3)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 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,TY INSURANCE (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 12:Ol A.H.Standard tiite To form a part of Certificate No.N-89 Issued,to F1orida Power 8 Light Company Date of issue March 23, 1990 By For the Subscribing Companies NUTOAL ATONIC EKKGT LIABILITY ERKtXTERS Endorsement No.13 Countersigned by ME-S-14 Page 2 of 2 A'I C I 1 Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO.M-89 FORMING PART OF MASTER POLICY NO.1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 2~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".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 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 12:01 A.H.Standard time To form a part of Certificate No.M-89 to F1or'tda Power&Li ht Com an Date of Issue March 23, 1990 For the Sobs ribing Com anies, Endorsement No.14 NE-S-18 (1/1/90).Countersigned by h'4 II NucIear Energy LIability Insurance MUTUAL ATOMIC ENERGY UABILITY UNOERNRITERS 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)(2)to bodil in'u or ro ert dama e with respect to which, the rimar financialwould 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 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~TY INSURANCE (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 12:01 A.H.Stancbrd tiae To form a part of Certtttcate No.Issued to Date of issue F1orida Power 8 Light Company March 23, 1990 t Ror the Subscribing Companies KPH1AL ATOMIC EN19tGY LIABILITY ERQEUTERS Endorsement No.13 By Countersigned by ME-S-14 Page 2 of 2 l 1 1 15.1'~g' Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO.N-89 FORMING PART OF MASTER POLICY NO.1 NUCLEAR ENERGY LIABILITY INSURANCE (Secondary Financial Protection) 2~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".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 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 12:01 A.H;Standard tine To form a part of Certificate No.t1-89 Issued to Florida Power 8t Li ht Com an Date of Issue March 23, 1990 For the Subs ribing Companies, (i By Endorsement No.14 NE-S-18 (1/1/90)Countersigned by t