ML19303C567
| ML19303C567 | |
| Person / Time | |
|---|---|
| Site: | University of Lowell, 07001268 |
| Issue date: | 12/18/1989 |
| From: | Price E US Atomic Energy Commission (AEC) |
| To: | |
| Helvenston E, NRR/DANU, 3.01-415-4067 | |
| References | |
| Download: ML19303C567 (20) | |
Text
{{#Wiki_filter:... __ e UNITE D STATE S ATOM IC ENER GY COMM ISSIO N WASHI NGTON , D.C. 20545 Docke t No. 70-12 68 Indem nity Agree ment No. E-54 This Indem nity Agree ment No, E-54, is entere d into by and betwe en
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Lowe ll Techn o~ogi cal Insti tute (here inafte r refen~ ed to as the 11 licen see 11 ) and the Unite d State s. Atomi c E;nergy Comm ission (here in.s.f ter!re ferred to as the "Com missio n") pursu ant ., after refer red to as "the Act 11 l
*to subse ction 170k of the Atom~c Energ y Act of 1954, as amended (here in-ARTICLE I As used ...L
- this- agreem ent::
*1, "Nucl ear react: or, 11 "bypr oduct mater ial, 11 11 perso n, 11 "sour mate rial, 11 and ttspec ial nucle ar mate:* tal" shall have ce the meani ngs given them in the Atomi c Energ y Act c .:: 1954, as amend ed, and the regul ation s issue d by the Comm ission ,
- 2. (a) "Nucl ear incid ent" means 'kny occur rence , inclu ding an
~xtra ordin ary nucle ar occur rence , or e~rte s of occur rence s at the locat ion or in the cours e of tram* c...cta tion causi ng bodil y injur y, sickn ess, disea se, or death , Cit: loss of or damag e to prope rty, or loss of use of prope rty, arisin g out of or resul ting from the radio activ e, toxic , explo sive, or other hazar dous prope rties of the radio activ e mat_e rial.
(b) Any occur rence , inclu ding an: extr*. ;rdina ry nucle ar occur rence ,
, or serie s of occur rence s causi ng bo~il y :njury , sickn ess, disea se or
'.deat h, or loss of or damage to prop~ rty, or loss of use of prope rty,
;arisi ng out of or resul ting from the radio activ e, toxic
, explo sive,
'or other hazar dous prope rties of i, The radio activ e mate rial ~isch arged or dispe rsed from the locat ion over a perio d of day , weeks , month s or longe r and also arisin g out of such prope rties of other mate rial i
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defined as 11 the :radioa.c tive materia l 11 in any other agree-ment or agreeme nts entered into by the Commiss ion under sub-section 170c or k of the Act and so discharg ed or disperse d from "the location ""as defined in any such other agreeme nt;_ or ii. The radioact ~ve materia l in the course of transpo rtation and also arising out of such propert ies of other materia l defined in any other agreeme nt entered into by the Commiss ion pursuan t to subsecti on 170c or k of the Act as "the radio-active materia l" aild which is in the course of transpo rtation I shall be deemed to be a common occurren ce. A common occurren ce shall be deemed* constitu te a single nuclear . :-ident,
- 3. * "Extrao rdinary nuclear occurren ce" means an event which the Commiss ion has determin ed to be an extraord inary nuclear occurren ce as defined in the Atomic Energy Act of 1954, as amended .
- 4. "In the course of. transpo rtation" means in the course of trans-
-portati on within the United 5 *ates, includin g handling or.temp orary.
;storage inciden tal thereto, of the radioac tive materia l to the_loc a-
;' tion_ or from the location provfded t .at:
., 1 (a) With respect to transpo rtatioJ of the radioac tive materia l to the location , such transpo rtation is not by predete rminatio n to be interrup ted by the removal of the materia l from the transpo rting conveya nce for any purpose other than the continu ation of such trans-portatio n to the location or tE.m.porary storage inciden tal thereto; (b) The transpo rtation of the radfo ,ctive materia l from the loca-tion shall be deemed to end when uhe :i.adioac tive materia l. is removed from the transpo rting conveyan ce for any purpose other than the con-tinuatio n of transpo rtation or tempo*ra ry storage inciden tal thereto; (c) "In the course of transpo:... ation 11 as used in this agreeme nt shall not include transpo rtation of tl :: radioac tive materia l to the location if the materia l is also "in _.:.he course of transpo rtation 11 from any other 11 location " as defined in any other agreeme nt entered_
into by the Commiss ion pursuan t to subsect ion 170c or k of the Act. I; I E
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- 5. "Person indemnified" means the licensee and any other person who may be liable for public liability.
- 6. "Public liability" means any legal liability arising out of or resulting from a nuclear incident, except (1) claims under State or Federal Workmen's Compensation Acts of employees of persons indemnified who are emple>yed (a) at the location or, if the nuclear incident occurs in the c~urse of transportation of the radioactive materi.al, 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 which i.s located at the location a~d used in connection with the licensee's possession* .e, or transfer of the radioe , . ive material, and (b). i:C~." *e nuc.Lb.c:..C incident occurs in the course of transportation cf the Ladioactive material, the transporting vehicle, containers
- used in such transportation, and the radioactive material, 7, "The location" means the locatic1 described in Item 3 of the Attachment*her eto,
- 8. "The radioactive materia1 11 :: means source, special nuclear, and
'byproduct ma.terial which (1) is used.,Jr to be used in, or is ir-radiated or to be irradiated by~ the *,~*:lear reactor or reactors subject to the license or licenses d~Jignated in the Attachment hereto, or (2) is produced as the result of operation of said reactor(s).
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'. 9, "United States" when used in a geographical sense includes all
- 1 Territories and possessions of the. Unit,d States, the Canal Zone and Puerto Rico.
ARTICLE II
- 1 1. ' Any obligations of the licensee under subsection 53e (8) of the 1
t Act to indemnify the United State and the Commission from public f liability shall not in the aggregate e ceed $250,000 with respect r to any nuclear incident. i\ ) I 2.: With respect to any extraordinary nuclear occurrence to which this agreement applies, the Commission, and the licensee on behalf
. of :itself and other persons indemnified, insofar *as their interests
\ ap~ear, each agree to waive
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- ---(a) any issue or defense as to the conduct of the claimant.
- or fault of persons indemnified, including, but not limited to
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(1) negligence; (2) contributory negligence; (3) assumption of the risk; (4) unforeseeable intervening causes, whether involving the conduct of a third person or an act of God. As used herein, "conduct of the claimant" includes conduct of persons through whom the claimant derives his cause of action; (b) any issue or defense as to charitable or governmental immunity; (c) any issue or defense based on any,statute of limitations. if suit is instituted within three year* from the date on which the claimant first knew, or reasonably could have. known, of his injury or damage and the cause thereof, 'but in no event more than ten years after the date of the nuclear incident, The waiver of any such/issue or defense shall be effectiv~ regard-less of whether such issue or defense may otherwise be deemed jurisdictional or rel~ting* to an element in the cause of action. The waivers shall be jlt1dicially. enforceable in accordance with their terms by the claimant /against the person indemnified. 1. 3, The waivers set :f ~th in paragraph 2 of. this Article:
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(a) shall not preciLude a defense based upon a failure to take reasonable steps to mitigate damages; I - (b) shall not apply to injury or damage.to a claimant or to a claimant's propertf which is intentionally sustained by.the claimant or which results from a.nuclear. incident intentionally and *wrongfully cause9 by.the claimant; I I E
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(c) shall not apply to injury to a claimant who is employed at the site of and in connection with the activity where the extra-ordinary nu-clear occurrence takes place if benefits therefor are either payable or required.to .be provided under any workmen's compensatio n or occupationa l disease law; (d) shall not apply to any claim for punitive or exemplary damages," provided; with~espec t to -any claim for wrongful.de ath under any State _law which.provi des for damages only punitive in nature, this exclusion does riot. 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 recovera~le under *such law:. I - (e) shall ~e effective only with respect to those obligations set ~orth ,, . t:his agreement;
~-*-P (f) 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 (1) the limit of lia~ '.lity. provisions under subsaction 170e of the Atomic Energy Act of 19~4, as amended, and (b) the terms of this_ agreement.
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Y, ARTICLE -IF t
- 1. The Commission undertakes and agrees to indemnify and hold harmless the licensee and other persons indemnified , as their interest may appear~ from public liability.
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- 2. With respect to damage.caus ed.by a nuclear incident to property of any person legally liable for the nt ,lear incident, the Com~
mission agrees to pay to such persr:,in t* ose sums which such person would have been obligated to. pe.y H such property had belonged to I another; provided, that the obligation of the Commission under this paragraph 2 does not apply with respect to: ,: (a) Property which *is* located at. th"' location and. used. in. con-f nection with the licensee's possessio~, use, or transfer of} the radioactive material; I' ~\
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- * **-* ** (b) Property damage due to the neglect of the person. indemui-,. . . fied to use all reasona ble meano to save and preserve the property after knowled ge of a nuclear inciden t; (c) If the nuclear inciden t occurs in the course of trans-,..
portatio n of the radioac tive materia l, the transpo rting vehicle and contain ers used in such transpo rtation; (d) The radioac tive materia l,
- 3. The Commiss ion agrees. to :i,ndemnify and hold harmles s . the licensee and other persons .. indemnif ied~ as their interest .may appear, from the reasona ble costs of investig at:i.ng, settling and defendin g claims for public liabilit y.
4.(a) The obligati ons of the Commission under this agreeme nt shall apply only with respect to such public liabilit y, such damage to property of persons. legally liGtble for *the nuclear inciden t (other than su~h property describe d in the proviso to paragrap h 2 of this Article) and such r1 1sonable costs desc~ibe d in paragrap h 3 of this Articl~ as in thb aggrega te exceed $250,000 . (b) With respect to a common occurren ce, the obligati ons of the Commiss ion under t9is agreeme nt shall apply only with respect to such public liabilit y, such damage to property of persons legally liable for the nuclear inciden t (other than such property describe d in the provi,so to paragrap h 2 of this Article ) and* to ' such reasona ble costs ~escrib ed-in paragrap h 3 of this Article as in the aggrega te excee'd. whichev er of the followin g. is. lower: (1) the sum of the arn;~nta ,of financia l protecti on establis hed under all applicab le ;reemen ts;.or (2).$82, 000,000 *. As.used in
- this Article , napplict,i_\i.le. agreeme nts! 1 means each agreeme nt entered into by the Commis si~ pursuan t. to subsecti on 170c of the Act in which agreeme nt the nuclear inciden t is defined as a "common I
occurre nce, 11 11
- 5. The obligati ons';of. the.Com mission under. this ~greeme nt shall apply only with respect .to.nucl ear inciden ts occurrin g during the term of this agreeme nt, i
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- 6. The --- obligations of the Commission under this and all other agreements and contracts to which the Commission is a party shall not, with respect to any nuclear incident, in the aggregate exceed whichever of the following is the lower: (a) $500,000,00 0 or (b) with respect to a common occurrence, $560,000,00 0 less .the sum of the amounts of financial protection established under all applicable agreements.
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- 7. If the licensee is ~mmune from public liability because it is a State agency, the Commission shall make payments under this
*- agreement in the same manner and to the same extent as the Com-mission would be required to do if the licensee were not such a State agency.
- 8. The o1 _ations of the Commission und _ this agreement, except to.-t* ';;l lice~see for damage to property of the licensee, shall not be affected by any failure on the part of the* licensee to fulfill
*its obligat.ions under this agreement . . Bankruptcy. or insolvency of the licensee or ai1.y other person 'ndemnified or of the estate of the licensee or any other person ;ndemnified shall not relieve the Commission of any of its obligations hereunder.
ARTICLE IV
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- 1. When the Comi~ission determines t .at the United States will probably be required to make indemnity payments under the pro-visions of this agreement, the Commission shall have the right to
.collaborat e with the licensee and other persons indemnified in
'. the settlement and defense of ar~~- claim and shall have the right
- : (a) to require the prior approval of tb~ Commission for the settle-ment or payment of any claim or action .sserted against the licensee or other person indemnified for pur,lic .Liability or damage to property of persons legally liable. for the nuclear incident which claim or action the licensee or the Commission may be required.to indemnify under this agreement.;. and (b) *_ to appear through the Attorney General of the.United Str*es on behalf of.the licensee or other person indemnified , take char/~ of such action and settle or defend any such action. If the _set,,lement or defense of :any such action or claim is undertaken by t"he Commission ,. the. licensee" shall furnish all reasonable assistance in effecting a settlement or asserting a defense.
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-- -*--2. Neither this agreement. nor any interest therein.nor claim
- thereunder may be assigned or tr.ansferred 'Without the approval of the Commission, ARTICLE V The parties agree that they will enter into appropriate amendments-. of. this agreement to the extent that such- amendments are required pursuant-. to the Atomic Energy Act of 1954, as amended, or licenses, regulations or orders of the Commission.
ARTICLE VI The licensee agrees to pay to the Commission such fees aa are established by the Commission pursuant to regulatio~s or-orders of *the Commission. ARTICLE VII The term of this agreement shall commence as of the date and time speci-fied in Item 4 of the Attachment and shall terminate at the time of expiration of that license specified in Item 2 of the Attachment, which is the last to expire; provided that, except as may otherwise be provided in applicable regulations or orders of.the Commission, the.term of-this agreement shall not terminkte until all.the radioactive material-has been removed from the loca~ion.and.tr ansportation of the radioactive material from the locatio* has ended as.defined in subparagraph.4 (b), Article I. Termination o-'; the. teiill .of. this agreement shall not affect. any obligation of the licdhsee or any obligation of the Commission.und er this agreement with respe~t tc any nuclear incident occurring during the term of this agreement. I Ji Ii
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,I UNITED STATES ATOMIC ENERGY COMMISSION ATTACHMENT
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Indemnity Agreement No. E *------ Item 1 - Licensee Lowell Technological Institute Address 1 Textile Avenue Lowell, Massachusetts 01854 Item 2 - License number or numbers SNM-1220
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The fuel storage room in the basement of licensee's Nuclear :center as depicted in the Building Plans, Part A and Part B includ~d in the licei:isee's applica:t:ton for a licen~.e for storage of. LTI'.,reactor fuel elements, dated October 20, 1970. The Nuclear Center is on the Institute's campus in Lowell, Massachusetts. ! Item 4 - The indemnity agreement designated above, of which this Attachment is a part, is effective as of 12:01 a.m., on the sixth day of January , 1971 . FOR THE UNITED STATES ATOMIC ENERGY COMMISSION
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Eber R. Price, Director Division of State and Licensee Relations* FOR LOWELL TECHNOLOGICAL INSTITUTE I
' BY Dated at Bethesda, Maryland, the sixth day of January, 1971.
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UNITED STATES ATOMIC ENERGY COMMISSIO N WASHINGTON, O.C. 20545 Docket No. 70-1268 . AMENDMENT TO INDEMNI1Y AGREEMENT NO. E-54 AMENDMENT NO. 1 Effective December 14, 1971, Indemnity Agreement No. E-54 between Lowell Technologic al Institute and the Atomic Energy Conmission, dated January 6, 1971, is hereby amended as follows: Article II is amended by adding the following proviso at the end of sub~aragrap h 3(c):
"Provided, however, that with respect to an extraordina ry nuclear occu~rence occurring at the facility, a claimant who is emploved at the facility in connection with the constructio n of a nuclear reactor with respect to which no operating license has been issued by the Atomic Energy Commission shall not be considered as emploved in connection with the activity where the extraordina ry nuclear occurrence takes place if:
(1) the claimant is employed exclusively in cormection with the constructio n of a nuclear reactor, including all related equipment and installation s at the facility, and (2) no operating license has been issued by the AEC 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." FOR THE UNITED STATES ATOMIC ENERGY COMMISSION L eU4 y.n.----._ Ly~ Johnson, Director Division of State and Licensee Relations Accepted January 12, , M-1i 1972 r-:r; , - // By ~4-0~ i.6WELLTECHNoLOGICAL INSTITUTE EVERETT V. OLSEN Acting President
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- UNITED STATES
.A.TOMIC ENERGY COMMIS SION e
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'NASH INGTON. 0.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. E-54 AMENDMENT NO. 2 Effectiv e March 1, 1972, IndellIDity Agreeme nt No. E-54, between Lowell Technol ogical Institut e and the Atomic Energy Connniss ion, dated January 6, 19 71, as amended , is hereby *further amended as follows:
Article III, Paragrap h 4(b)(2) is amended by deleting the runount "$82,000 ,000" and substitu ting therefo r the amount "$95,00 0,000." FOR THE UNITED STATES ATOMIC ENERGY COMMISSION
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_ ) f ~ .-- - . -~/'),-;A, ,,*"-:7 Jerome Saltzma n, Chi~f Indemni ty and Expor11 Control Branch Division of State and Licensee Relation s Accepted ___M_a_r_ c_h_l_7 ~'------ ' 19 72 By __,µ {]/ ~____
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L6wEir:TECHNOLOGICAL INSTITUTE EVERETT V. OLSEN Acting Presid ent /,, f"* *, *~ -.-~ ~:
-- e .,/.,:. e UNITE D STATE S ATOM IC ENER GY COMM ISSIO N WASHI NGTON , D.C. 20545 Docke t No. 70-12 68 AMENDMENT TO INDEMNITY AGREEMENT NO. E-54 AMENDMENT NO. 3 betwe en Effec tive March 1, 1974, Indem nity Agree ment No. E-54, Comm ission , Lowe ll Techn ologi cal Insti tute and the Atomi c Energ y ed as dated Janua ry 6, 1971, as amend ed, is hereb y furth er amend follow s: Artic le III, Parag raph 4(b)( 2) is amended by delet ing the t I amoun t "$95, 000,0 00" and subst itutin g there for the amoun \1 1,
"$110 ,000,0 00." i FOR THE UNITED STATES ATOMIC ENERGY--COMMISSION
~ ~ m a n , Dep~ y Chief Offic e of Antit1 rust & Indem nity Direc torate of Licen sing
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Accep ted /i{l t/v(
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UNITED STATES ATOM IC ENt::R GY COMM ISSIO N WASHIN GTON. D.C. 20545 Docket No. 70-1268
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AMENDMENT NO. 4 Effect ive DEC 2 4 1974 , Indemnity Agreement No. E-54 between Lowell Technological Instit ute and the Atomic Energy Commission, January 6, 1971 as amended, is
- hereby furthe r amended as f o11 ows: dated Item 2 of the Attachment to the indemnity agreement is delete d in its entire ty and the following substi tuted theref or:
Item 2 - License number or numbers SNM-1220 (From 12:01 a.m., January 6, 1971, to 12 midnight, DEC 2 3* 1974 inclus ive) R-125 (From 12:01 a.m., DEC 2 4 1974 ) Item 3 of the Attachment to the indemnity agreement is delete d in its entire tY and the following substi tuted theref or: Item 3 - Location The LTI reacto r containment buildi ng, the fuel storag e room in the basement of the licens ee s 1 Nuclear Center and areas between the containment building and the fuel storag e room through which and while the fuel will be moved, all locate d on the Instit ute 1 s campus in Lowell, Massachusetts. FOR THE UNITED STATES ATOMIC ENERGY COMMISSION Jerome Saltzman, Deputy Chief Office of Antitr ust & Indemnity Direc torate of Licensing Accepc~-J_a_n_u_a_r~--~~'--__- /--c--' 197 5 By /w~..A-,-{-4-c). Oi-r...,?v, L0WELL I TECHNOLOGICAL INSTITUTE EVERE TT V. OLSEN , Presi dent
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket No. 50-223 AMENDMENT NO. 5 Effective March 21, 1975, Indemnity* Agreement No. E-54, between Lowell Technological Institut,e, and the Atomic Energy Commission, dated January 6, 1971, as amended, is hereby further amended as follows: The name "United States Atomic Energy Commission" is deleted wherever it appears and the name "United States Nuclear*Regulatory Commission 11 is substituted therefor.
-Article III, Paragraph 4(b) (2) is amended by deleting the amount "$110,000,000" and subs ti tu ting. therefor the amount ,; $125,000,000."
FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSIO~
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Jerome Saltzman, Deputy Chief
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Office of Antitrust & Indemnity Nuclear Reactor Regulation Accepted March 2 6 ,
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EVERETT V. OLSEN, President
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e UNITED STATES NUCLE AR REGUL ATORY COMMISSION
. WASHIN GTON, D. C. 20555 Docket No; 50-223 AMENDMENT TO INDEMNITY AGREEMENT NO. E-54 AMENDMENT NO. 6 Effect ive OCT 15 1975 , Indemnity Agreement No: E-54, between Lowell Technological Instit ute, and the Atomic Energy Commission, riatect January b, l ~71, as amended, is hereby furthe r amended by deleti ng th*e name Lowell Technological Instit ute" wherever it appears 11 in the agreement and substi tuting in lieu thereo f the name:
11 "The Unive rsity of Lowell FUR THE UNITED STATES NUCLEAR REGULATORY COMMISSION __j~~~~~ Jerome Saltzman, Actin Chief Office of Antitr ust Indemnity Nuclea r Reacto r Regu ation cf * ,~#
. Accepted /,Wf.-e.-<~d~ ' xm T EVERETT V. OLSEN .
Actin g Presi dent UNIVERSITY OF LOWELL
~ Decem ber 10, 1975 ibl:lxx bd~\R ERSxx ~oOfx ~
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON , D. C. 20555 Docket No. 50-223 AMENDMENT TO INDEMNITY AGREEMENT NO. E-54 AMENDMENT NO. 7 Effect,. ve MAY O 1 1977 , I ndemn,. t y Agreemen t No. E- 54 , bet ween Lowell Technological Institute , and the Atomic Energy Commission, dated January 6, 1971, as amended, is hereby further amended as follows: Article III, 11 Paragraph 4(b)(2) is amended by deleting the amount 11 125,000,0 00 and substituti ng therefor the amount 11 140,000,0 00. 11 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION
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*. Jerome Saltzman, Chief Antitrust & Indemnity Group Nuclear Reactor Regulation Accepted ----~-'--"-rJ ...,.,.._..d,,
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. . ____ _ , 1977 By ,~~'--=\'-,__~~/~ -
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r.>>)'JJyy !J9~J-fl,~y~J-1 J,7'~lY17 UNIVERSITY OF LOWELL 7 7/,:J. '4()/()e't
- UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 e
Docket No. 50-223 AMENDMENT TO INDEMNITY AGREEMENT NO. E-54 1 AMENDMENT NO. 8 l Effective May 1, 1979, Indemnity Agreement No. E-54, between Lowell lj Technological Institute and the Atomic Energy Commission, dated January 6, 1971, as amended, is hereby further amended as follows: I . ; Article III, Paragraph 4(b)(2) is amended by deleting the amount 11
$140,000,000 11 and substituting therefor the amount 11 $160,000,000. 11 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION iI
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- erome Saltzman, Chief Antitrust and Indemnit Group Office of Nuclear Reactor Regulation I
I Accepted August 22 , 1979" i
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. ./... -*1: e UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON. D. C. 20555 Docket No. 50-223 AMENDMENT TO INDEMNITY AGREEMENT NO. E-54 AMENDMENT NO. 9 Effective May 1, 1977, Indemnity Agreement No. E-54, between University of Lowell; and the Atomic Energy Commission, dated January 6, 1971, as amended, is hereby further amended by modifying the prefatory language of paragraph 4, Jy"ticle I, to read as follows: 11 In the course of transportation 11 means in the course of transportation within the United States, or in the course of transportation outsi~e tha United States and any other nation, including handling or temporary storage incidental the~eto, of the radioattive material to the location or from the location provided that: FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION Novemb.er 3 0 . Accepted~~~~~~~~~~~~~~~' 1979
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- UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 e
Docket No. 50-223 Amendment to Indemnity *Agreement No. E-54 _ Amendment No. 10 Effective July 1, 1989, Indemnity Agreement No. E-54, between University of
- Lowell, and the Atomic Energy Commission, dated January 6 1 1971, as amended, is hereby further amended as fo Hows:
The amount 11 $160 1 000,000 11 is deleted_ wherever it appears and the amouht "$200,000,000" is substituted therefor. The amount $124,000,000"11 is deleted wherever it ~ppears and the amount 11 $155,000,000 is substituted therefor. The amunt 11 $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 nuc*lear material," and "precautionary evacuation" shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission.
the definition of "public .liability" in paragraph 71 Article I is deleted, and the following is substituted therefor:
"Public liability" means any legal liabilfty arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable additional costs incurred by a State or_a political subdivision of a Siate, 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 indemni.fied 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 -Qf war; and (3) claims for loss of, or damage to, or loss of use of (a) property which is located at the location and used in con*nection with the licensee's possession, use~ or transfer of the radioactive material, and (b) if the nuclear incid~nt occurs in the course of transportation of the radioactive matjri~l, the transporting vehicle, containers us,d in such transportation, and the radioactive material.
Paragraph 4(c), Article II is revised to *read as follows: (c) 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 injury or damage and the cause thereof.
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' e 2
- Paragraph 1, Artfcle IV is revised to read as follows:
- 1. When the Corrrnission determines that the United States wi11 probably be required to make indemnity payments under the provisions of this agreement, the Commission shall have the right to collaborate with the licensee and*other persons indemnified in the settlement and defense of any claim (including such legal costs of the lfcensee as are approved by the Conun1ssion) and shall have the right {a) to require the prior approval of the Convnission for the settlement or payment of any claim or action asserted against the licensee or other person indemnifi.ed for public liability or damage to property of persons legally liable for the nuclear inddeilt which claim or action the licensee or the Colffl!ission may be required to indemnify under this agreement; and (b) to appear through the Attorney General of the United States on behalf of the licensee or other person indemnified, take charge of such action and settle or defend any such action. If the settlement or defense of any such action or claim is undertaken by the Conmission 1 the licensee shall furnish all reasonable assistance in effecting a settlement or asserting a defense.
In paragraph l, Article VIII, 'the amount "$5,000,000" is deleted and the amount "$63 000 000 is substituted therefor. 1 1 11 FOR THE U. S, NUCLEAR REGULATORY COt':MISS ION Policy Development and Technical Support Branch Program Management Policy Development and Analysis Staff Office Nuclear Reactor Regulation}}