ML20149M627

Forwards Endorsement 138 to Nelia Policy NF-34 & Endorsement 70 to Maelu Policy MF-59

ML20149M627
Person / Time
Site:	General Atomics
Issue date:	02/17/1988
From:	Samuels J MARSH & MCLENNAN, INC.
To:	Dinitz I Office of Nuclear Reactor Regulation
References
NUDOCS 8802260201
Download: ML20149M627 (7)

Text

-

g. -. $

Mmis a l MGlennan

- M & M Nuclear Consultants 2121 San j acinto Street L

l 1300 San Jacinto Tower l Dallas Texas 75201 j ,

I Telephone 214 979 9'K)0

(

February 17, 1988 1

l Mr. Ira Dinitz )

Senior Insurance Indemnity Analyst l Office of Nuclear Reactor Regulation ,

Mail Stop 12E4 l U. S. Nuclear Regulatory Commission )

Washington, D.C. 20555 RE: Nuclear Liability Insurance GA Technologies, Inc.

ANI Policy NF-34, End. 138 MAELU Policy MF-59, End 70 l

Dear Mr. Dinitz Enclosed are two certified copies of the captioned endorsements.

l Please do not hesitate to call with any questions.

Sincerely,f f .

/ John L.' Samuels Nuclear Consultant JSibp Enclosures cci A. Navarra - GA Technologies I. Gladney - M&M San Diego l

I I

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' l I i 8802260201 800217 l PDR ADOCK05%O J

j' Nuclear Energy Liability Insurance MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDMENT OF COVERAGE ENDORSEMENT FOR WORKERS CLAIMS (Facility Form)

PREAMBLE

1. The insurance and rating plan presently used by Mutual

! Atomic Energy Liability Underwriters ("MAELU") and Nuclear Energy Liability Insurance Association ("NELIA")

do not make a distinction between workers claims arising from catestrophic events and those arising from lesser

' events;-

2. MAELU and t'ELIA believe that the lack of such a dis-tinction will adversely affect their ability to continue to attract from world markets very large amounts of nuclear energy liability insurance for the nuclear industry; .

3. MAELU and NELIA want to a' void this potential loss of capacity and to continue to provide nuclear energy lia-bility insurance for workers claims. Accordingly MAELU and NELIA desire to restructure their present insurance programs, including this policy, effective January 1, 1988.

NOW, THEREFORE, the Named Insured and the companies do hereby agree as follows:

1. DEFINITIONS When used in reference to this endorsement:

"this' policy" means the'polic'y of which this endorsement forms a part; "nuclear related employment" means all work performed at one or more than one nuclear facility in the United States of America or in connection with the transporta-tion of nuclear' material to or from any such facilit9 All of a worker's nuclear related employment shall be i

considered as having begun on the first day of such i employment, regardle'ss of the number of employers involved or interruptions in.nuch employment; "worker" refers to a persen who is or was engaged in

, nuclear related employment';

( , .

l ME-64 (1/1/88) Page 1 e

L-b

.s.

a "workers claims" means claims for damages because of bodily injury to a worker caused by the radioactive, toxic, explosive or other hazardous - properties of nuc-lear material and arising out of or in the course of the '

worker's nuclear related employment:

"extraordinary nuclear occurrence" means an event whii::h l the United States Nuclear Regulatory Commission has determined to be an "extraordinary nuclear occurrence" .

as defined in the Atomic Energy Act of 1954, or in any

, law amendatory thereof.

2. APPLICATION OF THIS ENDORSEME!4 i '

This endorsement applies only.to such insurance as is afforded by this policy for workers claims which do not '

arise in whole or in part out of an extraordinary nuclear occurrence.

3. EXCLUSION OF NEW WORKERS CLAIMS This policy does not apply to bodily injury to a worker which arises in whole or in part out of nuclear related employment that begins on or after January 1, 1988.

4. APPLICATION OF POLICY TO WORKERS CLAIMS NOT EXCLUDED .

With respect to such insurance as is afforded by this  :

policy for workers claims which are not excluded, d

Insuring Agreement IV does not apply and the following Insuring Agreement IV-A does apply:

IV-A APPLICATION OF POLICY TO WORKERS CLAIMS  !

This policy applies only to bodily injury (1)  ;

1 which is caused during the policy period by ,

the nuclear energy hazard and (2) which is discovered and for which written claim is made i i

against the i'nsured not later than the close i

\

of December 31, 1997.  !

. . 5. AVAILABILITY OF SUPPLEMENTAL INSURAN,CE r MAELU and NELIA are offering to make insurance under one .

or more Master Worker Policies available to all holders of Nuclear Energy Liability Policies (Facility Form).

THIS OFFER IS. CONTINGENT ON SUFFICIENT SUPPORT FROM POLICYHOLDERS, AND MAY'BE WITHDRAWN OR MODIFIED BY MAELU i OR NELIA AS THEY DEEM NECESSARY OR APPROPRIATE.-

s i

I The~ ' Master Worker . Policies' will provide, under their l separate terms and conditions, coverage for new workers  !

2 claims. Premiums will be subject to a separate Industry Retrospective Rating Plan.

r 4 .

ME-64 (1/1/88)

Page 2  ;

, Paga 3 e

COVERAGE UNDER THE NEW MASTER WORKER POLICIES IS NOT AUTOMATIC. A WRITTEN REQUEST MUST BE SUBMITTED TO MAELU OR NELIA THROUGH REGULAR MARKET CHANNELS.

It is understood and agreed that all of the provisions of this endorsement shall remain in full force and effect ,

without regard to this Section 5, and without regard to whether or not the Named Insureds become insureds under the Master Worker Policies, or whether or not MAELU or NELIA terminate such policies or withdraw or modify their offer to underwrite such policies.

Executed for the comp nies Date /

/

/f[f7By e- . $ , h-~ - h NSignature of Autfici-ized'Of ficer)

John L. Quattrocchi. Vice President-liability Underwriting (Print or Type Name and Title of Officer)

Executed for the Named Insured GA Technologies Inc.

(Named' Insured - Print or Type)

Date 11/12/87 By M (signature of Kdth'egized Of ficer)

Max D. Kemp Sr. Vic.e President, CFO & Treasurer (Print or Type Name and Title of,0fficer)

This is to rettav. that th2s is a true copy of the onspnar fianctncut having the endorsernent nurnber and being made part of the N'uclear Energy LiabiEty Poky (F ility Forrn) as des :

, ignat< hereon. No insurance is affor hereunder.

_% Ur John L doc e '

~ r hytre '

Arnerrm . Scar Lwers Effective Date of this Endorsement January 1, 1988 To form a part of Policy No. MF-59 12:01 A.M. Standard T,ime ,

Issued to G A Technologies'Inc.

Dato of-I'ssue October 19, 1987 .

For the Subscribing Companies s

, MUnfAL ATdMIC ENERGY LIABILITY UN ERWRITERS '

, By *D . '

Endorsement No. 70 countersi ned by 11 O ///E/// ,

Nt. 3,. u m as) '"'"/***'"'""'"'

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDMENT OF COVERAGE ENDORSEMENT FOR WORKERS CLAIMS (Facility Form)

PREAMBLE

1. The insurance and rating plan presently used by Nuclear Energy Liability Insurance Association ("NELIA") and Mutual Atonic Energy Liability Underwriters ("MAELU") do not make a distinction between workers cit. ins arising from catastrophic events and those arising from lesser events; 2.

NELIA and MAELU believe that the lack of such a distinc-tion will adversely affect their ability to continue to attract from world markets very large amounts of nuclear energy liability insurance for the nuclear industry;

3. NELIA and MAELU want to avoid this potential loss of capacity and to continue to provide nuclear energy lia-bility insurance for workers claims. Accordingly NELIA ;

and MAELU desire to restructure their present insurance programs, including this policy, effective January 1, 1988.

NOW, THEREFORE, the Named Insured and the companies do hereby agree as follows:

1. DEFINITIONS When used in reference to this endorsement:  !

"this policy" means the policy of which this endorsement  ;

forms a part; "nuclear related employment" means all work performed at  !

one or more than one nuclear facility in the United 1 States of America or in connection with the transporta-tion of nuclear material to or from any such facility.

All of a worker's nuclear related employment shall be considered as having begun on the first day of such employment, regardless of the number of employers in-volved or interruptions in such employment;

, "worker" refers to a person who is or was engaged in nuclear related employment;  !

I NE-64 (1/1/88) Page 1 i

- ._. . - . . . _ _ ._ ~ . - _ _ . _ .

. o.

b, ** 1

• e ,

"workers claims" means claims - for damagen because of i

bodily injury to a worker caused by the radioactive,  ;

toxic, explosive or other hazardous properties of nuc-lear material and arising out-of or in the course of the-  !

worker's nuclear related employment; "extraordinary nucienr occurrence" means an event which '

! the United States Nuclear Regulatory Commission has determined to be an "extraordinary nuclear occurrence" i as defined in the Atomic Energy Act of 1954, or in any law amendatory thereof. i l 2. APPLICATION OF THIS ENDORSEMENT ,

This endorsenent applies only to such insurance as is ,

afforded by this policy for workers claims which do not t arise in whole or in part out of an extraordinary  !

nuclear occurrence.

3. EXCLUSION OF NEW WORKERS CLAIMS This policy does not apply to bodily injury to a worker l which arises in whole or in part out of nuclear related employment that begins on or after January 1, 1988.

~

, 4. APPLICATION OF POLICY TO WORKERS CLAIMS NOT EXCLUDED  !

/ ,

j With respect to such insurance as is afforded by this policy for workers claims which are not excluded,  ;

Insuring AgreCnent IV does not apply and the following  !

Insuring Agre.ement IV-A does apply:

4 3 IV-A APPLICATION OF POLICY TO WORKERS CLAIMS

" This policy applies only to bodily injury (1) which is caused during the policy period by the nuclear energy hazard and (2) which is '

discovered and for which written claim is made l against the insured not later than the close  !

g .of December 31, 1997. '

4 l.

S. AVAILABILITY OF SUPPLEMENTAL INSURANCE 1

j NELIA and MAELU are offering to make insurance under one or more Master Worker Policies available to all holders i

of Nuclear Energy Liability Policies (Facility Form).

i j THIS OFFER IS CONTINGENT ON SUFFICIENT SUPPORT FROM POLICYHOLDERS, AND MAY BE WITHDRAWN OR MODIFIED BY HELIA

)

I OR MAELU AS THEY DEEM NECESSARY OR APPROPRIATE.

j The Master Worker Policies will provide, under their separate terms and conditions, coverage for new workers j

claims. Premiums will be subject to a separate Industry Retrospective Rating Plan.

1 i, NE-64 (1/1/88) Paga 2 I,

i I

P;go 3 r

COVERAGE UNDER THE NEW MASTER WORKER POLICIES IS NOT AUTOMATIC. A WRITTEN REQUEST MUST BE SUBMITTED TO NELIA OR MAELU THROUGH REGULAR MARKET CHANNELS.

It is understood and agreed that all of the provisions of this endorsement shall remain in full force and effect without regard to this Section 5, and without regard to whether or not the Named Insureds become insureds under the Master Worker Policies, or whether or not NELIA or MAELU terminate such policies or withdraw or modify their offer to un-lerwrite such policies.

Executed for the companies

[

Date / /Y!ff By '~

'D.

• A

/ '/ \(Signature of AWthori2ied 07ficer)

John L. Quattrocchi, Vice President-Liability Undentriting (Print or Type Name and Title of Officer)

Executed for the Named Insured GA Technolooies Inc.

(Named Insured - Print r Type)

Date 11/12/87 By (Sighature of Author'izecY Of ficer)

Y Max 0. Kemo Sr. Vice President. CFO & Treasurer

] Print or Type Name and Title of Of ficer)

I Th t to cot.fv that tMs is a tnw cecy d the 04h)

&irvmrit le.in ; tbe en&wm~nt r rAu und %3 rm k g:t

. f th> Nusat En'rm ! b5r.N Pch y C :&; FomJ v 6..

.m t hea z.etu cNu 1.ua. mM. kmnd,t

w m x w w&s ta.n

Lh.non A rm. e n,.. . e n  !

Effective Date of this Endorsement January 1. 1988 To form a pm of Policy No NF-34 12:01 A.M. Standard Time Issu;d to G A Tecnnolooies Inc.

Dato of Issue Octoter 19, 1987 For the subscribing companies

, /

' ~.

By -

4 General Manager Endersement No 138 countersigned by sbt 0 /hedm/

NE-54 (1/1/88) *