ML18228A272

01/14/1977 Letter Endorsement Nos. 37, 38, 39, and 40 to Policy No. NF-185 Representing Nuclear Energy Liability Coverage

ML18228A272
Person / Time
Site:	Turkey Point
Issue date:	01/14/1977
From:	Robert E. Uhrig Florida Power & Light Co
To:	Saltzman J Office of Nuclear Reactor Regulation
References
Download: ML18228A272 (6)

Text

P. O. BOX 013100, MIAMI, FL 33101

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.v 5p FLORIDA POWER & LIGHT COMPANY gggntptpp Pppkpt Hp January >4, L-77-20 Director of Nuclear Reactor Regulation Attn: Jerome D. Saltzman Office of Antitrust and Indemnity U. S. Nuclear Regulatory Commission Washington, D. C. 20555

Dear Mr. Saltzman:

Re: Turkey Point Plant Unit nd 4 Docket Nos. 50-250 and 0-25 Nuclear Energy Liability nsurance Association Polic No. NF-185 Enclosed are five (5) certified copies and three (3)

Xerox copies of Endorsement Nos. 37, 38, 39, and 40 to Policy No. NF-185, representing Nuclear Energy Liability coverage at Turkey Point Plant.

Copies of Endorsement No. 36 were forwarded to you on June 18, 1976.

Yours very truly, Robert E.

President Uhrig'ice II gq.

REU/hlc Enclosures

""l21 sq cc: Robert Lowenstein, Esp.

'i~JI 1 PEOPLE... SERVING PEOPLE

luclear Energy Liability tnaurak NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION AMENDMENT OF CONDITION 2 "INSPECTION'USPENSION" Facility Form It is agreed that Condition 2 "INSPECTION; SUSPENSION" is replaced by the following:

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

If a representative of the companies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hazard, a repre-sentative of the companies may request that such condition be corrected with-out delay. In the event of non-compliance with such request, a representative of the companies may, by notice to the named insured, to any other person or organization considered by the companies to be responsible for the continuance of such dangerous condition, and to the United States Nuclear Regulatory Com-mission, suspend the insurance with respect to the named insured and such other person or organization effective 12:00 midnight of the next business day of such Commission following the date that such Commission receiv'es such notice. The period of such suspension shall terminate as of the time stated in a written notice from the companies to the named insured and to each such person or organization that such condition has been corrected.

This is to certify that'this is a true copy of the original Endorso"ent hav'ng tho endor.-.e"ont nu~'ocr and 'ooing made gart of tho nuclear energy LiabilityPolicy (Facility Form) as des-ignated hereon. No Insurance is afforded hereunder...

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QQ&. E le gy Ilia~'t livy'Jrogc-r Ly t s ..te>~eence Qcscc Effective Date of January 1, 1977 this Endorsemen To form a part of Policy No NF-185 12:01 A.M. Standard Time Issued to Date of Issue December 15, 1976 For the su cnbing co panies Endorsement N87 NE-46 By Countersign by~~

//ii~- General-Man ger (1/1/77)

Nuclear Energy Liability Insuranc NUCLEAR ENERGY LIABILITY.INSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT

( Extraordinary Nucl ear- 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 con-struction, possession, or operation of the facility, or (b) arises out'f 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 involved the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any statute of limitations instituted within three years from the date on which the claimant if suit is first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof, but in no event more than twenty years after the date of the nuclear incident.

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

2. The waivers set forth in paragraph l. above do not apply to (a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefi ts therefor are either payable or re-quired 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 NE-33a r

0,'over) maximum amount otherwise recoverable under such law.

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

Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or por tion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial pro-tection required of the named insured; (b) the agreement of indemnification between the named 'insured and the 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 claim-ant 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 l. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury or property damage to which the policy applies as proof of financial protection.

5. As used herein:

"extraordinary nu'clear occurrence" means an event which the Nuclear Regulatory Commission has determined to'e 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';..lag1".rePresent--','. > rt atives and other persons ~.'grt3sn1rzitlons -'entitled to brin'g an ac'tion fo'." ",'"" ~es damages on account of suclp..jgrjtiry='or"damage; .. "

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'ea Effective pate of this Endorsement Januar 1 l To form a part of Policy No 185 A.M. Standard Time

?7'2:01 Florida Power & Li ht Com an For the su cribing co panies Pate of Issue By nager Ehdorsement No NE-33a (1/1/77)

clear Energy I iability Insuranc NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION AMENDMENT OF DEFINITION OF "NUCLEAR ENERGY HAZARD" Indemnified Nuclear Faci lit It is agreed that:

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

(2) the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a ) the territorial limits of the United States of humeri ca, its territories or possessions, Puerto Rico or the Canal Zone; or (b) international waters or airspace, provided that the nuclear material is in the course of trans-portation between two points located within the territorial limits described in (a) above and .

there are no deviations in the course of the transportation for the purpose of going to any other country,"state or nation, except a devia-tion in the course of said transportation for the purpose of going to or returning from a p'ort or place of refuge as the result of an emergency

2. As used here, "financial protection" has the meaning given it in the Atomic Energy Act of 1954, as amended. ci'ho criminal ig a,+r:!e cc>7 -" oars This is i;o cer4i-J ) i%. 6a E.. as des-iona'ted. hereon'o Cj arle>> Q c>>ot Q

Effective Date of this Endorsement ~RJ1VOXXJ Florida

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12:01 A.M. Standard Time Power & Li ht Com an

- ce To form a part of Poficy No NF- ]85 to

'5 96 For the su cribing co panies By

/ eneral Manager Endorsement No NE-44

[1/1/77)

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~clear Energy I.iability Insuran~

NUCLEAR ENERGY LIABILITYINSURANCE A%SOCIATION

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ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT

2) CHANGES IN SUBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITY ENDORSEMENT Calendar Year 1977 la. ADVANCE PREMIUM: It is agreed that the Advance Premium due the companies for the period designated above is: $ 388 565.63

b. STANDA'RD PREMIUM AND RESERVE PREHIUM: In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the pro-visions of the Industry Credit Rating Plan, the Standard Premium is said Advance Premium and the Reserve Premium is: 8 292 984 88

2. It is agreed that with respect to bodily injury or property damage caused, during the effective period of this endorsement, by the nuclear eneroy hazard:

a. The word "companies" w'herever used in the policy means the subscribing companies listed on the reverse side of this endorsement.

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

c. Each such company shall be liable only for its proportion of any obligation assumed or expense incurred under the policy because of such bodily injury or property damage as designated on the reverse side of this endorsement.

3. It is agreed that the effective period of this endorsement is from the beginning of the effective date of this endorsement stated below to the close of December 31st of the Calendar Year designated in the caption above, or to the time of the termination or cancellation of the policy, if sooner.

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Effective Dale of this Endorsement To form a part of Policy No NF-185 12:01 A.M. Standard Time Issued to Florida Power 8 Li ht Com an For the su cribing co panies Date of Issue I9IE.

Endorsement No NE-35 (1/1/77) 4O By

~r// e ral Manager