ML20248C569

Forwards Amend 6 to Indemnity Agreement B-79,reflecting Changes in 10CFR140, Financial Protection Requirements & Indemnity Agreements, Effective 890701

ML20248C569
Person / Time
Site:	Davis Besse
Issue date:	09/27/1989
From:	Wambach T Office of Nuclear Reactor Regulation
To:	Shelton D TOLEDO EDISON CO.
References
NUDOCS 8910030511
Download: ML20248C569 (4)

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l September 27, 1989-Docket No. 50-346 DISTRIBUTION

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PDIII-3 Gray SVerga GHolahan IDinitz Mr. Dona'd C. Shelton Vice President - Nuclear Toledo Edison Company Edison Plaza - Stop 712 300 Madison Avenue Toledo, Ohio 43652

SUBJECT:

DAVIS-BESSE - 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 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, Thomas V. Wambach, Sr. Project Manager Project Directorate III-3 Division of Reactor Projects - III, IV, Y and Special Projects q, Office of Nuclear Reactor Regulation S

Enclosure:

Amendment to Indemnity ppj

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gg See next page ma 9 DOCUMENT NAME: DAVIS-BESSE LETTER ,

, Office: LA/ D 11-3 PM'/ D PD DI I-3 Surname: PK er TWambach/mw g JHannon Date: (/ /89 { /7)/89 4 /89 i

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t: Mr. Donald C. Shelton - Davis-Besse Nuclear Power Station .'

Toledo Edison Company Unit No. 1-cc:

David E. Burke, Esq.

The Cleveland Electric Radiological Health Program Illuminating Company Ohio Department of Health P. O. Box 5000 1224 Kinnear Road

Cleveland, Ohio 44101 Columbus, Ohio 43212-Mr. Robert W. Schrauder Attorney General Manager, Nuclear' Licensing Department of Attorney Toledo Edison Company General Edison Plaza 30 East Broad Street 300 Madison Avenue Columbus, Ohio 43215 Toledo, Ohio- 43652 Mr. James W. Harris, Director Gerala Charnoff, Esq. (Addressee Only)

Shaw, Pittman, Potts Division of Power Generation and Trowbridge Ohio Department of Industrial Relations 2300 N Street N.W. 2323 West 5th Avenue Washington, D.C. 20037 P. O. Box 825 Columbus, Ohio 43216 Regional Administrator, Region III U.S. Nuclear Regulatory Comission Ohio Environmental Protection Agency 799 Roosevelt Road 361 East Broad Street Glen Ellyn, Illinois Columbus, Ohio .43266-0558 President, Board of Mr. Robert B. Borsum - County Commissioners of Babcock & Wilcox Ottawa County Nuclear Power Generation Division Port Clinton, Ohio 43452 Suite 525, 1700 Rockville Pike Rockville, Maryland 20852 State of Ohio Public Utilities Comission Resident Inspector 180 East Broad Street U.S. Nuclear Regulatory Comission Columbus, Ohio 43266-0573 5503 N. State Route 2 Oak Harbor, Ohio 43449

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l Docket No. 50-346 Amendment to Indemnity Agreement No. B-79 Amendment No. 6 Effective July 1, 1989, Indemnity Agreement No. B-79, between Toledo Edison Company, Cleveland Electric Illuminating Company, and the Nuclear Regulatory Commission, dated June 16, 1976, 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 nccurs 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 r4 ::ar; 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 connecticn 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 l material, the transporting vehicle, containers used in such transportation, i

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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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., June 16, 1976, to 12 midnig t, April 21, 1977, inclusive

$125,000,000 (From12:01'a.m., April 22, 1977, to

. 12 midnight, April 30, 1977, i inclusive)

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

$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)

FOR THE Uf!ITED STATES NUCLEAR REGULATORY C0!'. MISSION G M O. f n::

Cecil 0. Thomas, Chief Policy Devclepier.t anc Techt.ical Suppcrt Branch Program Hanagement, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted ,1989 Accepted , 1989 By By Toledo Edison Company Cleveland Electric Illuminating Corrpany I

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

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