ML19332C734

Forwards Executed Amend 3 to Indemnity Agreement B-98

ML19332C734
Person / Time
Site:	Perry
Issue date:	11/22/1989
From:	Kaplan A CLEVELAND ELECTRIC ILLUMINATING CO.
To:	Dinitz I NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
PY-CEI-NRR-1095, NUDOCS 8911280484
Download: ML19332C734 (3)

Text

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A r  ? 'THETCLEVELAND ELECTRIC ILLUMINATING COMPANY.

P,0, DOX 97 8 -. PERRY, OH60 44081 I 5 TELEPHONE (216) 269 3737 8. ' ADDRESS 10 CENTER ROAD -

FROM CLEVELAND: 241 1660 Serving The Best location in the Nation . '

/ Al Kaplan ' PERRY NUCLEAR POWER PLANT

.. - VICE PRESOENT g'.  :/- NUCLEAR OROUP n,

November- 22, 1989 PY-CEI/NRR-1095L

, s

-3" Document Control Desk -

i- - * < -Attnt Ira Dinitz, Senior Insurance /

t Indemnity Specialist.

y i .U.S. Nuclear. Regulatory Commission b Mail Stop'12E-4 F

Washington, D.C. 20555 Perry Nuclear Power Plant V

Docket No. 50-440  ;

Indemnity Agreement B-98 Amendment 3

Dear Mr. Dinitz:

~Snclosed as requested is the fully executed Amendment 3 to Indemnity Agreement  ;

No. B-98 for the Perry Nuclear. Power Plant..  ;

< Please note -that. there is a typographical error .on line one of Amendment 3 to Indemnity Agreement ~No..B-98 which was provided to CEI by an NRC letter' dated September- 25, 1989. -Cleveland Electric Illuminating Company's Indemnity -]

Agreement No. is B-98 not B-3 as recorded on line one.

1

' If there are any questions, please feel free to call.

.Very truly ours, m  !

<o=

l Al Kaplan- ,

Vice President Nuclear Group

.h AKinje Enclosure cc: T.;Colburn P.-Hiland'

-USNRC Region III James R. Edgarly Donald C. Shelton  ;

Barry M. Miller 0

John D.'Sieber s(

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.. M 6. ase g k UNITED STATES NUCLEAR REGULATORY COMMISSION I

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, W ASHINGT ON. D. C. 20565

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Docket No. 50-440  :

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i Amendment to Indemnity Agreement No. B-98 Amendment No. 3 l i t

! Effective July 1, 1989. Indemnity Agreement No. B-3, between Cleveland Electric Illuminating Company. Toledo Edison Company, Ohio Edison Company, Dusquesne  :

Light Company, Pennsylvania power Company, and the Nuclear Regulatory Commission, dated March 7, 1985 as amended, is hereby further amended as follows:

The emount "$160,000,000" is deleted wherever it appears and i the amount "$200,000,000" is substituted therefor.

The amount "$124,000,000" is deleted wherever it appears and the amount "$155,000,000" 1; Jubstituted therefor.

The amount "$36,000,000" is deleted wherever it appears and the amount "$45,000,000" is substituted therefor.

Paragraph 1, Article I is modified to read as follows:

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

"special nuclear material," and " precautionary evacuation" 5%11 have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Counission.

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

l l "Public liability" means any legal liability arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable l additional costs incurred by a State or a political subdivision of a State, I

in the course or responding to a nuclear incident or precautionary evacuation),

except (1) claims under State or Federal Workmen's Compensation Acts of employees of persons indemnified who are employed (a) at the location or, if the nuclear incident occurs in the course of transportation of the radioactive material, on the transporting vehicle, and (b) in connection with the licensee's possession, use or transfer of the radioactive material; (2) claims arising out of an act of war; and (3) claims for loss of, or damage to, or loss of use of (a) property l 'which is located at the location and used in connection with the licensee's

. possession,use,ortransferoftheradioactivematerial,and(b)ifthe t

nuclear incident occurs in the course of transportation of the radioactive

.' material, the transporting vehicle, containers used in such transport 6 tion, l

and the radioactive material.

Par:. graph 4(c), article II is revised to read as follows:

(c) Any 1st,ue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant firs: knew, or reasonably could have known, of his injury or damage and the cause thereof.

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. 2 Inparag$63,000,000"raph amount 1, Articletherefor.

is substituted VIII, the amount "$5,000,000" is deleted and the Item Pa of the Attachment *.o the indemnity agreement is deleted in its entirey and the following substituted therefor:

Item 2 - Amount of financial protection

a. $1,000,000 (From 1' 01 a.m. , March 7,1985 to d.:.'idnig t, March 17, 1986, inclusive

$160,000,000* (From12:01a.m., March 18, 1986, to 12 midnig t, June 30, 1989 inclusive

$200,000,000* (From 12:01 a.m., July 1, 1989)

FOR THE UNITED STATES NUCLEAR REGULATORY C0f1 MISSION Ga o. h Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted ##MS , 1989 Accepted lI-20 , 1989 By _  ? By , "

Clevelano Ell!ctric Illuminating Toledo Edison Co.

Co.

Accepted i O - 2.7 , 1989 Accepted [/ ~ /6 , 1989 By -

By , h.,) lw Ohio Ed4 M n Co. uqtiesne Light Co.

Accepted / O - 3 l , 1989 By 1 Pefusylvania Pgef Co[

• and, as of August 1,1977, the amount available as secondary financial protection.

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