ML20248H136

Forwards Unexecuted Amend 22 to Indemnity Agreement B-28, Reflecting Changes to 10CFR140 Re Increase in Primary Layer of Nuclear Energy Liability Insurance Provided by ANI & Maelu

ML20248H136
Person / Time
Site:	Peach Bottom
Issue date:	10/03/1989
From:	Erickson P, Martin R Office of Nuclear Reactor Regulation
To:	Hunger G PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
References
NUDOCS 8910110184
Download: ML20248H136 (6)

Text

October 3, 1989 l

,, Docket Nos. 50-171/277/278 Mr. George A. Hunger, Jr.

, Director-Licensing, MC 5-2A Philadelphia Electric Company I

Correspondence Control Desk ,

955 Chesterbrook Boulevard '

Wayne, Pennsylvania 19087-5691

SUBJECT:

AMENDMENT TO' INDEMNITY AGREEMENT RE: PEACH BOTTOM ATOMIC POWER STATION, UNITS 1, 2 AND 3 1 i

Enclosed is an amendment to your indemnity agreement reflecting the changes to J 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements,"

effective July 1,1989. The amendments to Part 140 reflect the increase from

$160 million to $200 million in the primary layer of. nuclear energy liability insurance provided by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters. The amendments also conform to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988," which was enacted on August 20, 1988.

Please signify your acceptance of the amendment to your indemnity agreement in the space provided and return one signed copy to the Document Control Desk, ATTN: Ira Dinitz, Senior Insurance / Indemnity Specialist, U.S. Nuclear Regulatory Comission, Mail Stop 12E-4, Washington, D.C. 20555. If you have any questions (

about the foregoing, please contact Mr. Dinitz at 301-492-1289.

Sincerely, i

/S/ /S/

Peter Erickson, Project Manager Robert E. Martin, Project Manager Nonpower Reactor, Decommissioning Project Directorate I-2 and Environmental Project Division of Reactor Projects I/II Directorate Office of Nuclear Reactor Regulation Division of Reactor Projects III, IV, Y and Special Projects Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement Co cc w/ enclosure:

852 See next page oo EIS DISTRIBUTION w/ enclosure:

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UNITED STATES

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's_ WASHINGTON, D. C. 20555 k ...+ p8 October 3, 1989

' Docket Nos. 50-171/277/278 Mr. George A. Hunger, Jr.

Director-Licensing, MC 5-2A-5 Philadelphia Electric Company Correspondence Control Desk 955 Chesterbrook Boulevard Wayne, Pennsylvania 19087-5691

SUBJECT:

AMENDMENT TO INDEMNITY AGREEMENT RE: PEACH BOTTOM ATOMIC POWER STATION, UNITS 1, 2 AND 3 Enclosed is an amendment to your indemnity agreement reflecting the changes.to 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements,"

effective July 1, 1989. The amendments to Part 140 reflect the increase from

$160 million to $200 million in the primary layer of nuclear energy liability-insurance provided by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters. The amendments also conform to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988," which was enacted on August 20, 1988.

Please signify your acceptance of the amendment to your indemnity agreement in the space provided and return one signed copy to the Document Control Desk.

ATTN: Ira Dinitz, Senior Insurance / Indemnity Specialist, U.S. Nuclear Regulatory Commission, Mail Stop 12E-4, Washington, D.C. 20555. If you have any questions about the foregoing, please contact Mr. Dinitz at 301 492-1289.

Sincerely, l}z } b tu ' L / llfi s b:, -

Peter Erickson, Project Manager Rober E. Martin, Project Manager Nonpower Reactor, Decommissioning Project Directorate I-2 and Environmental Project Division of Reactor Projects I/II Directorate Office of Nuclear Reactor Regulation Division of Reactor Projects III, IV, V and Special Projects Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity i Agreement cc w/ enclosure:

See next page L

l Mr. George A. Hunger, Jr. Peach Bottom Atomic Power Station, Philadelphia Electric Company Units 1, 2 and 3 cc:

l Trdy B. Conner, Jr. , Esq. Single Point of Contact l

1747 Pennsylvania Avenue, N.W. P. O. Box 11880 Washington, D.C. 20006 Harrisburg, Pennsylvania 17108-1880 Philadelphia Electric Company Mr. Thomas M. Gerusky, Director ATTN: Mr. D. M. Smith, Vice President Bureau of Radiation Protection Peach Bottom Atomic Power Station Pennsylvania Departmant of Route 1, Box 208 Environmental Resources Delta, Pennsylvania 17314 P. O. Box 2063 Philadelphia Electric Company ATTN: Regulatory Engineer, Al-25 Mr. Albert R. Steel, Chairman Peach Bottom Atomic Power Station Board of Supervisors Route 1, Box 208 Peach Bottom Township Delta, Pennsylvania 17314 R. D. #1 Delta, Pennsylvania 17314 Resident Inspector U.S. Nuclear Regulatory Commission Public Service Comission of Maryland Peach Bottom Atomic Power Station Engineering Division P.O. Box 399 ATTN: Chief Engineer Delta, Pennsylvania 17314 231 E. Baltimore Street Baltimore, MD 21202-3486 Regional Administrator, Region I U.S. Nuclear Regulatory Comission Mr. Tom Magette 475 Allendale Road Power Plant Research Program King of Prussia, Pennsylvania. 19406 Department of Natural Resources B-3 Mr. Roland Fletcher Tawes State Office Building Department of Environment Annapolis, Maryland 21401 201 West Preston Street Baltimore, Maryland 21201

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%....+y Docket Nos. 50-171, 50-277/278 Amendment to Indemnity Agreement No. B-28 Amendment No. 22 Effective July 1, 1989, Indemnity Agreement No. B-28, between Philadelphia Electric Company, Public Service Electric and Gas Company, Delmarva Power and Light Company, Atlantic City Electric Company, and the Atomic Energy Commission, dated December 31, 1964 as amended, is hereby further amended as follows:

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

The amount "$124,000,000" is deleted wherever it appears and the amount "$155,000,000" is substituted 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" 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 7, Article I is deleted, and the following is substituted therefor:

"Public liability" means any legal liability 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 State, 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 correction with the licensee's possession, use or transfer of the radioactive material; (2) claims arising cut of an act nfwar;and(3)claimsforlossof,ordamageto,orlossofuseof(a) property which is located at the location and used in connection with the licensee's possession, use, or transfer of the radioactive material, and (b) if the nuclear incident occurs in the course of transportation of the radioactive material, the transporting vehicle, containers used 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 cod the cause thereof.

L .;.

2 ..

In paragraph 1, Article VIII, the amount "$5,000,000" is deleted and the amount "$63,000,000" is substituted therefor.

Item 2a of the Attachment to the indemnity agreement 'is deleted in its entirey and the following substituted therefor:

Item 2 - Amount of financial ~ protection

a. $1,000,000 (From 12:01 a.m., December 31, 1964, to 12 midnig t, January 24, 1966, inclusive

$1,500,000 (From 12:01 a.m , January 25, 1966, to 12 midnig t, January 11, 1967 inclusive

$17,300,000 (From 12:01 a.m., January 12, 1967, to 12 midnig t, August 6, 1967, inclusive

$21,300,000 (From 12:01 a.m., August 7, 1967, to 12 midnig t, August 7, 1973, inclusive

$95,000,000 (From12:01a.m., August 8,1973,to 12 midnig t, February 28, 1974, inclusive

$110,000,000 (From 12:01 a.m. , March 1,1974, to 12 midnig t, March 20, 1975, inclusive

$125,000,000 (From12:01a.m., March 21, 1975, to 12 midnight, April 30, 1977 inclusive)

$140,000,000* (From 12:01 a.m., May 1, 1977, to 12 midnig t, April 30, 1979 inclusive

$160,000,000* (From 12:01 a.m., May 1, 1979, to 12 midnig t, June 30, 1989 inclusive

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

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3 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION

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Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted , 1989 Accepted , 1989 By By Philadelphia Electric Public Service Electric and Gas Company Company Accepted , 1989 Accepted , 1989 By By Atlantic City Electric Delmarva Power and Company ,

Light Company

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

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