ML20248G949

Forwards Unexecuted Amend 6 to Indemnity Agreement B-108, Reflecting Increase in Primary Layer of Nuclear Energy Liability Insurance Provided by ANI & Maelu

ML20248G949
Person / Time
Site:	South Texas
Issue date:	09/21/1989
From:	Dick G Office of Nuclear Reactor Regulation
To:	Vaughn G HOUSTON LIGHTING & POWER CO.
References
NUDOCS 8910110104
Download: ML20248G949 (6)

Text

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September 21, 1989

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, Docket Nos. 50-498L and.50-499 Mr. G. F. Vaughn Acting Group Vice-President, Nuclear Houston Lighting & Power Company-P..O. Box 289.

Wadsworth, Texas 77483

SUBJECT:

SOUTH TEXAS PROJECT, UNITS 1 AND 2 - AMENDMENT TO INDEMNITY AGREEMENT 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 1968," which was enacted on August 20, 1988.

Please signify your acceptance of the amendmer.t 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, Originalsigned By george F. Dick,Jr.

George F. Dick, Jr., Project Manager Project Directorate IV

!. Division of Reactor Projects - III, L IV, V and Special Projects Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement cc w/ enclosure:

See next page g DISTRIBUTION 1

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0FFICIAL RECORD COPY Document Name: STP LTR 3910110104 890921 i- PDR ADOCK 05000498 L -_ _ _ _ _ ________________A_________ ____________f/M____________________________

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L .,o UNITED STATES -

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'go NUCLEAR REGULATORY COMMISSION W  :; j ~ WASHINGTON, D. C. 20555

%,,,,,# September. 21, 1989.

l -Docket Nos. 50-498 and 50-499 Mr. G.-E. Vaughn Acting Group Vice-President, Nuclear Houston Lighting & Power Company P. 0. Box 289 Wadsworth,. Texas 77483

SUBJECT:

SOUTH TEXAS' PROJECT, UNITS 1 AND 2 - AMENDMENT TO INDEMt'ITY AGREEMENT i

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 5160 million to $200 million in the primary layer of nuclear energy liability insurance provided by American lluclear Insurers and Mutual Atomic Energy Liat,ility Underwriters. The amendments also conferr. to changes mdde to the Price-Anderson Act by "The Price-Ancerson Amendments Act of 1966," which was enacted on August 20,

'1988.-

Please sign 11y your acceptance cf the amendment to your inder.nity 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 Conmission, 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, gn h Georg F. Dick, J/., Project Manager Project Directorate IV Division of Reactor Projects - III, IV, V and Special Projects j Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity ,

Agreement cc w/ enclosure: )

See next page '

i N . - _ _ - _ _ - _ _ _ _ . _ - _-___.____

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Mr. G. E. Vaughn South Texas Project Houston Lighting ano Power Company cc:

Brian Berwick, Esq. . Resident Inspector / South Texas Assistant Attorney General Project Environn. ental Protection Division c/o U.S. Nuclear Regulatory Cons.ission P. O. Box 12548 P. O. Box 910 Capitol Station Bay City, Texas 77414 tustin, Texas 78711 Ms. Iris J. Jones Mr. J. T. Westermeier Acting City Attorney General Manager, South Texas Project City of Austin l Houston Lighting and Power Company P. O. Box 1088 P. O. Box 289 Austin, Texas 78767 Houston, Texas 77463 Mr. S. L. Rosen Vice President, Nuclear Engineering Mr. R. J. Miner and Construction Chief Operating Officer Houston Lighting & Power Company Lity of Austin Electric Utility P. O. Box 289 721 barton Springs Road Wadsworth, Texas 77483 Austin, Texas 76704 Mr. M. A. McBurnett Mr. R. J. Ccstello Manager, Operations Support Licensing Mr. M. T. Hardt Houston Lighting and Power Compar.y City Public Service Board P. O. Box 289 P. O. Box 1771 Wadsworth, Texas 77483 San Antonio, Texas 78296 Mr. E. T. Molnar Jack R. Newman, Esq. Mr. L. W. Hurst Newman & Hcitzinger, P. C. Bechtel Corporation 1615 L Street, NW P. O. Box 2166 Washington, D.C. 20036 Houston, Texas 77252-2166 Melbert Schwartz, Jr., Esq. Mr. R. P. Verret Baker & Botts Mr. R. L. Range One Shell Plaza Central Power and Light Company Houston, Texas 77002 P. 6. box 2121 Corpus Christi, Texas 78403 Doub, Muntzing and Glasgow Attorneys at Law Suite 400 808 Seventeenth Street, N.W.

Washington, D.C. 20006

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Mr. G..E. Vaughn . South Texas Project

- Houston Lighting & Power Company CC:

' Regional Administrator, Region IV Bureau of Radiation Control U.S. Nuclear Regulatory Commission State of Texas l Office of Executive Director 1101 West 49th Street for Operations -

Austin, Texas 78756 611 Ryan Plaza Drive, Suite 1000 Arlington, Texas 76011 ' Office of the Governor ATTN: Ms. Darla Parker Joseph h. Hendrie Difice of Intergovernmental Relations 50 Bellport Lane Post Office Box 13561 Bellport, New York 11713 Austin, Texas 78711 Judge, Metascrca Ccunty Gerald E. Vaughn, Vice President Matagorda County Courthouse Nuclear Operations 1700 Seventh Street Houston Lighting & Power Company Bay City, Texas 77414 P. O. Box 289 Wadsworth, Texas 77483 Licensing Representative Houston Lighting and Power Company R. W. Chewning, Chairman Suite 610 Nuclear Safety Review Board Three Metro Center Houston Lighting & Power Company Bethesda, Maryland 20814 P. O. Box 289 Wadsworth, Texas 77483 Rufus S. Scott Associate. General Counsel

'hcusicn Lighting & Power Conpany F. O. Ecx 1700 Houston, Texas 77001 r

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Docket Nos. 50-498, 50-499 Amendment to Indemnity Agreement No. B-108 Amendment No. 6 Effective July 1,1989, Indemnity Agreement No. B-108, between Houston Lighting and Power Company, City Public Service Board of San Antonio, Central Power and Light Company, the City of Austin, Texas and the Nuclear Regulatory Commission dated December 29, 1986 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 I, Article I is modified to read as follows:

1. " Nuclear reactor," " byproduct naterial," " person," "scurce 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" 'neans 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 employces of persons indemnified who are employed (a) at the locaticr. 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 less of, or damage to, or loss of use of (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 cf 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 ar.d the cause thereof.

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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. 29, 1986 to 12 midnig t, August 20, 1987 inclusive

$160,000,000* (From12:01a.m., August 21, 1987 to 12 midnight, June 30, 1989 inclusive)

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

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION 0  ; L^

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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 Houston Lighting and Power Company City Public Service Board of San Antonio Accepted ,1989 Accepted ,1989 By By Cer. tral Power and Light Company The City of Austin, Texas

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

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