ML20248D308

Forwards Amend 3 to Indemnity Agreement B-98,reflecting Changes to 10CFR140, Financial Protection Requirements & Indemnity Agreements & Price-Anderson Amends Act of 1988, for Signature

ML20248D308
Person / Time
Site:	Perry
Issue date:	09/25/1989
From:	Colburn T Office of Nuclear Reactor Regulation
To:	Kaplan A CLEVELAND ELECTRIC ILLUMINATING CO.
References
NUDOCS 8910040190
Download: ML20248D308 (4)

Text

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S:pttmb:r 25, 1989'

' Docket No.'50-440 DISTRIBUTION:

'N NRC & Local PDR's PDIII-3 r/f JHannon

MVirgilio PKreutzer TColburn' EJordan BGrimes ACRS (10)

PDIII-3 Gray- SVarga  ;

GHolahan IDinitz  :

Mr. Alvin Kaplan, Vice President Nuclear Group

-The Cleveland Electric Illuminating Company ~

10 Center Road L Perry, Ohio 44081

SUBJECT:

PERRY HUCLEAR POWER PLANT - AMENDMENT TO INDEMNITY-AGREEMENT j Enclosed is an amendment to your indemnity agreement reflecting the changes to 1 10 CFR Part 140, " Financial Protection Requirements and, Indemnity Agreements," l

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

$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 l Connission, 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

i Timothy G. Colburn, Sr. Project Manager Project Directorate III-3 Division of Reactor Projects - III, )

IV, V and Special Projects  !'

Office of Nuclear Reactor Regulation

Enclosure:

BFol Amendment to Indemnity Agreement ,

8910040190 89o925 cc w/ enclosure: PDR ADOCK 05000440 d PDC See next page i DOCUMENT NAME: PERRY LETTER g Office: PM/PDIII-3 l LA/PDIII-3 PD III-3 Surname: PIF6sther TColburn/mw JHannon i Date: t)/g/89 7/)$/89 h 4f[89 j

I Mr. Alvin Kaplan Perry Nuclear Power Plant The Cleveland Electric Unit 1

-Illuminating Company

. t cc: Jay E. Silberg, Esq. Mr. James W. Harris, Director Shaw, Pittman, Potts & Trowbridge Division of Power Generation 2300 N Street, N.W. Ohio Department of Industrial

-Washington, D.C. 20037 Relations P. O. Box 825-David E. Burke Columbus, Ohio 43216

!. The Cleveland Electric Illuminating Company. The Honorable Lawrence Logan P.O. Box 5000 Mayor, Village of Perry Cleveland, Ohio 44101 4203 Harper Street Resident Inspector's Office U.S. Nuclear Regulatory Commission The Honorable Robert V. Orosz Parmly at Center Road Mayor, Village of North Perry Perry,- Ohio 44081 North Perry Village Hall 4778 Lockwood Road Regional Administrator, Region III North Perry Village, Ohio 44081

. U.S. Nuclear Regulatory Comission 799 Roosevelt Road Attorney General Glen Ellyn, Illinois 60137 Department of Attorney General 30 East Broad Street Frank P. Weiss, Esq.

. Columbus, Ohio 43216 Assistant Prosecuting Attorney 105 Main Street Radiological Health Program Lake County Administration Center Ohio Department of Health Painesville, Ohio 44077 1224 Kinnear Road Columbus, Ohio 43212-Ms. Sue Hiatt DCRE Interim Representative Ohio Environmental Protection 8275 Munson Agency Mentor, Ohio 44060 361 East Broad Street Columbus, Ohio 43266-0558 Terry J. Lodge, Esq.

618 N. Michigan Street Mr. Phillip S. Haskell, Chairman Suite 105 Perry Township Board of Trustees Toledo, Ohio 43624 . Box 65 4171 Main Street John G. Cardinal, Esq. Perry, Ohio 44081 Prosecuting Attorney Ashtabula County Courthouse State of Ohio Jefferson, Ohio 44047 Public Utilities Comission 180 East Broad Street Robert A. Newkirk Columbus, Ohio 43266-0573 Cleveland Electric Illuminating Company Michael D. Lyster Perry Nuclear Power Plant Cleveland Electric P. 0. Box 97 E-210 Illuminating Company Perry, Ohio 44081 Perry Nuclear Power Plant P. O. Box 97 SB306 Perry, Ohio 44081 i

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• j Q .k p, UNITED STATES NUCLEAR REGULATORY COMMISSION

7. ': j WASHINGTON, D. C. 205E5

\...../

Docket No. 50-440 l Amendment to Indemnity Agreement No. B-98 Amendment No.-3 1

1 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 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 cmount "$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 Comission.

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 reasenable 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 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 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 ststute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have kr.own, of his injury or damage and the cause thereof.

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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 (From12:01a.m., March 7,1985to 12 midnig t, March 17, 1986, inclusive

$160,000,000* (From 12:01 a.m., March 18, 1986, to l 12 midnight, June 30, 1989 inclusive)

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

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION f$hh Cecil 0. Thomas, Chief

^:fW Policy Development and Technical Support Branch Program Management, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation

' Accepted 1989 Accepted . 1989 By By Cleveland Electric Illuminating Toledo Edison Co.

Co.

Accepted 1989 Accepted , 1989 By By Ohio Edison Co. Duquesne Light Co.

Accepted , 1989 l

l By Pennsylvania Power Co.

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