ML18219D535

03/04/1977 Letter Endorsement Nos. 17 Thru 20 to Maelu Policy No. MF-79

ML18219D535
Person / Time
Site:	Cook
Issue date:	03/04/1977
From:	Loggie K American Electric Power Service Corp
To:	Saltzman J Office of Nuclear Reactor Regulation
References
Download: ML18219D535 (14)

Text

N!IQ I'onM 195 I2 70I u.s, NUCLLinn ALGULnTonv coMM> slow DOC KE ~l 50-3 49316 F IL IE n NRC DISTRIBUTION Fon PART 50 DOCI<ET MATEBIAL FBPM: DATE OF OOCUML'NT Americam Electric Power Serv..Cor'p. 3/4/77 Mr. Jerome Saltzman New York, N.,Y. DATE ACCEIVEO Kathryn A. Loggie. 3/30/77 jQLCTTE n ONOTOAIZQO PAOP INpuT FDBM NUMOEII OF COPIES BECEIVEO ISonIGINAL PCOPV-g VNC LASS IF I6O i One OESCAIPTION ENCLOSUKE ATTACHED FOR YOUR ACTION/INFO IS A COPY OF INDEMNITY/ENDORSEMENT AGREPiIENT FOR PERIOD ~ ~

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PLANT NAME: Donald C. Cook 1 I3i'2

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AMERICAN ELECTRIC POEAFER Service Corporafion 2 Broaduay, Hem York, N. Y. l0004 (212) 422.4800 March 4, 1977 Mr. J'erome Saltzman, Chief Office of Antitrust 8c Indemnity Nuclear Reactor Regulation Nuclear Regulatory Commission Washington, D. C. 2O555 Re- Indiana 8c Michigan Power Co.

M.A.E.L.U. Policy jjMF-79 C Do d C C kN

Dear Mr. Saltzman:

Enclosed for your records are eight certified copies of endorsements gl7, 818, gl9 and WO to the captioned policy.

We trust you will find these in order.

Very truly yours, Kathryn A. Loggie Corporate Insurance Assistant KAL:hd Enclo sure

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NUCLEAR ENERGY LIABILITYINSURANCE MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS ADVANCE PREMIUM ENDORSEMENT and STANDARD PREMIUM ENDORSEMENT Calendar Year 1977

l. ADVANCE PREMIUM It is agreed that the Advance Premium due the companies for the calendar year designated above is $ 67 950.00 2~ STAHDAM) PREMIUii AND RESERVE PREMUM In the absence of a change in the Advance Premium indicated above, it i's agreed that, subject to the provisions of the Industry Credit Rating Plan, the Standard Premium-and Reserve Premium are:

Standard Premium $ 67 950.00 Reserve Premium $ 50.967.00 Efiective Date of To form a part this Endorsement Januar 1,'1977 ' of Policy No. 'HF-79 a

Issued to Indiana and Michi an Power Com an Date of Issue December 7, 1976 EiiOO:iSdIIENT lIO,...........

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GOOOMAN, SECR.TARY RICHARD E.

LIAOII.ITY UNO<<n>RITERS ENERGY L 5LUTUAL ATOMIC Endorsement No. 17 Countersigned by AUTHORIZED REPRESENTATIVE

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NUCLEAR ENERGY LIABILITYINSURANCE I

MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS AMENDMENT OF CONDITION 2 "INSPECTION; SUSPENSION" 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 make inspections and examinations nor the making thereof nor any advice or report resulting therefrom shall consti-tute an'undertaking, on behalf of or for the benefit of the insured or others, to determine or warrant that such facility or operations. are safe or healthful, or are in compliance with any law, rule or regulation.

If a representative of the companies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hazard, a representative'f the companies may request that such condition be corrected without 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'erson or organization considered by the companies to be responsible for the continuance of such dangerous condition, and to the United States Nuclear Regulatory Commission, 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 receives 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.

~ Effective Date of To form a part Januar 1 1977 f Policy No. MF

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NUCLF<~ ENERGY LIABILITYINSURANCE MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS AMENDMENT OF DEFINITION OF "NUCLEAR ENERGY HAZARD" Indemnified Nuclear Facilit 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 America, its territories or possessions, I

Puerto Rico or the Canal Zone; 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 are no deviations in the course of the transportation for the purpose of going to any other country, state or nation, except a deviation in the course of said transportation for the purpose of going to or returning from a port 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.

Effective Date of To form a part this Endorsement Januar 1 1977 f Policy No.

Indiana and Michigan Power Co.

Issued to Date of Issu January 31, 1977 i

THAT THIS IS A For the Subscribing Companies THIS ISiTO CERTIFY ENDORSEMENT NO...)./

TRUE COPY OF ENERgt'Y POLICY hlADE PART OF NUCLEAR MUTUAL ATOMIC ENERGY LIABILIIY UNDERWRITERS FORM)

FACILI I> 'yRAI.E IS C iD'DE T

RI".HARD ". GOODMAN, SECRETARY UNDERVIRITERS ERiGY LgABIL)TY EIIERGY1!9~".

IUTUAL Aluittg Endorsement pro. Countersigned by Auraoslzso RspasssNTATlvI

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NUCLEAR ENERGY LIABILITYINSURANCE MUTUAL ATOMIC ENERGY LIABILITYUNDERWRITERS WAIVER OF DEFENSES ENDORSEHENT Extraordinar'uclear Occurrence)

The named insured, acting for himself and every other insured under the policy, and the members of the mutual Atomic Energy Liability Underwriters 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 of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii) assumption or 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'haritable 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, 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 benefits therefor are either payable or required to be provided under any workers'ompensation 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 such law.

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3~ The waivers set forth in paragraph l. above shall be effective only with respect to bodily ingury or property damage to which the policy applies under its terms other than this endorsement; provided, however that with respect to bodily in5ury or property damage resulting from an extraordinary nuclear occurrence, Insuring Agreement IV, "Application of Policy~q" shall not operate to bar coverage for bodily in5ury 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 pre)udice 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 170 e. 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 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 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 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 include his assignees, legal represen-tatives

+(pal and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

Effective Date of To form a part this Endorsement Januar 1 1977 f Poiicy No.

Indiana and Michigan Power Co.

Issued to January 31, 1977 Date of Issu

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