ML20147C303
| ML20147C303 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 10/04/1978 |
| From: | Crabtree R Maine Yankee |
| To: | Dinitz I Office of Nuclear Reactor Regulation |
| References | |
| NUDOCS 7810120066 | |
| Download: ML20147C303 (62) | |
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\ MAME 5 (WEE Alom/CPolMCOMPAlW* puaugrgja?n~g$s $ h "/ (207) 623-3521 v# October 4, 1978 Mr. Ira Dinitz, Indemnity Specialist ; Antitrust & Indemnity Group Nuclear Reactor Regulation i United States Nuclear Regulatory Commission l Washington, D. C. 20555 RE: Docket No. 50-309 b.N , , ,,, .. - Agreement No. B-51
. Policy No. NF-194 No. MF-60 f
Dear Sir:
! In response to your letter of September 22, 1978, addressed to Maine Yankee Atomic Power Company, Westboro, Massachusetts, we are enclosing the following:
Endorsements 21 thru 30, 33 thru 38 to NF-194 and Endorsements 1 thru 24, 26 thru 35 to MF-60. We have not as yet received Endorsements 36, 37 and 38 to MF-60. Our records indicate that we have previously sent Endorsements 1 thru 24 and 26 thru 31 to policy MF-60 with our letter dated October 18, 1977, in response to your letter of October 5, 1977. Endorsements 34 and 35 to MF-60 were sent on August 9, 1978. Very ruly yo' s,
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r A,". Cr tree h - Treasurer GGB/sj Enclosures cc: Mr. Wendell P. Johnson, Vice President Maine Yankee Atomic Power Company
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4 Nudeor Energy Uability Inwrence - , NUCLEAR ENatGY MABluTY INSURANCE ASSOCIATi$N Amendment of Condition 4 Endorsement _ It is agreed that with respect to bodily injury and property damage caused after the effective date of this endorsement by the. nuclear energy hazard the figure $73,625,000 stated in Condition 4 of the ' policy is amended to read $85,250,000. 4 0
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' Nucteer Enirgy Liability Insuranco NUCLEAR ENERGY LIABILITY-INSURANCE ASSOCIATION-ADVANCE PREMIUM AND STANDARD PREMILH ENDORSEMENT Cal'endar Year 1973 It is agreed that Items ^ 1a. and Ib'. -of Endorsement No. 17 are amended.
to read la. ADVANCE PREMIUM: It is agreed that the Advance Premium due. the ' companiesfortheperioddesignatedabove.is:)~ 1168,772.53 Ib. STANDARD PREMIUM AND RESERVE PREMIUM: In the, absence of a change , in the Advance Premium indicated above, it is agreed that, subject to the. provisions of ,the' Industry Credit Rating Plan,l the Standard f Pre'mium is- said ' Advance Premium and the Reserve Premium' is:~9 199'Q&? 1$ _ r q 1 Additional Premium: $597.53 m, l P00R ORIGINAL ., This is to cortify that tM c'* rret No. y V-the original Endorsennt .%.- 2: _is a true copy of Policy (Facility Form) No. HF- '
'O n p2rt of Ibc1 car Energy Liability
. No lucran00 is afforded hereunder. -
- Effective Date.cf January 1.,'1973 NF-194 As-Indo> = , .ro fann a ort of PolicF No 22;01 A.M. 5.andard Time 3,,,,3 ,,
Maine Yankee Atomic Power Company For the Schserib~t.g Co:npaaks Date of Issue . January .~41. 1974
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( NUC15A2 ENRGY UA31UTY INSURANCE ASSOCIATION . 4 Address of Nuclear nernv Liability Insurance Associatic, Indorser +nt ,. i i It is agreed that the address.of the Nuclear Energy Liability Insurance ; Association appearing in the "Coepany Representation" condition of the policy is anaended to read: ,
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a,s' The Exchange - Far=ington Avenue - - 1
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, NUCLEA2 ENHGY LIA31LITY INSURANCE ASSOCIATION INCREASE OF LIMIT OF LIABILITY ENDORSEMENT (After Prior Increase)
It is agreed that:
- 1. The limit of liability stated in Item 4 of the declarations as ;
amended by Increase of Liability Endorsement No. 19 is further , amended to read S 85,250,000 . This amended limit applies with respect to obligations assumed or expenses incurred becaese of bodily injury or property damage caused, during the period from i the effective date of this endorsement to the date of termination ' of the policy, by the nuclear enerer hazard. .
- 2. The original limit of liability stated in Item 4 of the declarations, the limit of liability stated in Increase of Limit of Liability l Endorsement No.19 and the amended limit of liability stated in f paragraph 1 above shall not be cumulative, and each payment made c t
by the companies after the effective date of this endorsement for any loss or expense covered by the policy shall reduce by the amount of such payment the limit of liability originally stated in Item 4 of the declarations, the amended limit of liability stated in the Increase of Limit of Liability Endorsement > No.19 and the amended limit of liability stated in paragraph 1 above, regardless of which lirait of liability applies with respect to the bodily injury or property damage out of which such loss or expense arises.
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Nucl=r Enrrgy Liability insuranca 'l NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION 4 ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT Calendar Year _ 1o7, It is agreed that Items la. and Ib. of Endorsement No. 20' are amended to read: la. ADVANCE PREMIUM: It is agreed that the Advance Premium due the companies for the period designated above is:
$ 182,566.75 lb.
STANDARD PREMIUM AND RES$5tVE PREMIUM: In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the provisions of the Industry credit Rating Plan, the Standard Premium is said Advance Premium and th'e Reserve Prem,ium is: $ 136,425.73
. Additional Premium: $9,741.75 This is to Mftify that this Esdcrrm:+ ?b [(i s a ffue WJy hY the S
origin +11 Endorsement .Vo._f2[. o 'cy (Pacility Form) No, NT.- -r Nselear Energy Liability. 29.h._
@ u Mru os is afforded hereunder.
"" "1ES . B Ti ES, UilDEb! TING MAh GE
.,8 EJERGY UABILITY INSURANCE ASSOCl . . . -
1 EEe:tive Date of ' this E darsec:ee, Jnrin2rv 1. 1474 12:01 A.M. Standard Time To form a prr of Policy No Np-194 loued :e Maine Yankee Atonic Power Company j
.Da:e c! hise Hav 16. 1974 '
l For the subscrha compnies 1 B_ Y d 0 ~' ~ Gdisrol Manager' 2ndonement No 25 THE DUNLAP AGENCY s countersigned by BIONM- -
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Nucl:ar Enrrgy Liability Insur nce NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION 5 ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT Calendar Year 1974 It is agreed that Items. la. and ib. of Endorsement No. 25 are amended to read: la. ADVANCE PREMIUM: It is agreed that the Advance' Premium' due the companies for the period designated above is:
$ 153,128.53 In the absence '
lb. STANDARD PREMIUM AND RESERVE PREMIUM: of a change in the Advance Premium indicated above, it is agreed that, subject to the provisions of the Industry Credit . Rating Plan, the Standard Premium is said Advance Premium and the Reserve Premium is: $ 114.052.68
, Return Premium: $29,438.22 This is to certify that this is a true copy of the original Endorsement having the endorsenent number and being cado rrrt of the Nuclear En gy Liability Policy (Facility Por- . ; C::3-ignat$d erson. o surance-is afforded hereunder
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Char e E. Bardes, Manager-Liability Underwriting nuclestr Energy Lia ility-Property Insurance Assoc. [;,$,$,$,*,I , January 1, 1974 .r om a part of pain No NF-194 12:04 A.M. Standard Tune . haued ca
?taine Yankee Atomic Power Company October 31, 1074 hte of Issue for the subscrD>ica compania 1
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' ~ Gineral Manager '
- THE Dutil.AP AGEtic . .
6 Countersigned by By -Mo' Endresement No bE36 f
Nuclear En:rgy Lio'oility insurance l NUCI. EAR ENERGY UABILITY INSURANCE ASSOCIATION
- 1) ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT
- 2) CHANGES'IN SUBSCRIBING COMPANIES AND IN THEIR PROP 0RTIONATE LIABILITY ENDORSEMENT Calendar Year 1975 la. ADVANCE PREMIUM: It is. agreed. that. the Advance Premium due the companies for the period designated above is: $ 184,450.00
- b. STANDARD PREMIUM AND RESERVE PREMIUM: In the absence of a change in the Advance Premfum indicated above. it is agreed that, subject to the pro-visions of the Industry Credit Rating Plan, the Standard Premium is said Advance Premium and the Reserve Premium is: $ m m nn
- 2. It is agreed that with respect to bodily injury or property damage caused, during the effective period of this endorsement, by the nuclear energy hazard:
- a. The word " companies" wherever used in the policy '
means the subscribing companies ~ listed on the reverse side of this endorsement.
- b. The policy shall be binding on such companies only.
- c. Each such company shall beliable only for its pro-portion of any obligation assumed or expense incurred under the policy because of such bodily injury or property damage as designated on the reverse. side of this endorsement.
- 3. It is agreed that the effective period of this endorsement is to the close of December 31st of the Calendar Year designated in the caption above, or to the time of the termination or cancelation of the policy, if sooner.
Thic is to cortify that th{ovitr)1 true copy of the original Endorse =er.t having the endorsement number and being made part of the Nuclear Energy Liability Policy (Facility Forr' s des-ignated hereon. No Insurance is e.frorded hereun::er
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Charl - R. EnYdes ?.'an:Jer '.lebi ity Undereritsrc liuclear Inergy Li bility-Froperty Insurance usace.
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To form a part of Fouy No MI-194 12:01 A.M. Sundard Tm \ yg it,4nn Ys $.m a Arn + Power Co many Date of Iw[ December 12.197a yo, t> ,su ,;sig ce,n o;. 1 By /A h V' GeneraT Moneger ! THE LAP GENCY l todorm:ma No - ?7 coetentamed br BY 4/ fl %,,.>
, 1 NE-35 (1/1/75) l
O . a Nuclear Energy Liability insurance l
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NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION Amendment of Condition 4 Endorsement 1 It is agreed that with respect .to bodily injury or property damage -i caused after the effective date of this endorsement by the nuclear energy hazard, the figure $85,250,000 stated in Condition 4 of the policy is amended to read $96,875,000.
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This is to certify that this is a true copy of the original Endorsement having the endorsement number and being made part of the Nuclear Energy Liability Policy (Facility Form ( cs des-ignated hereon. No Insurance is afforded hereunder.s
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- Charles R. Bardes,' Man Per-Liabilit Und writing 32rar EnerCy Liabilit)-Property In urance Assoc. '
1 EEeethe Daw of this Endorsee, danimry 1. 1474 To form a pit of Policy No NF-194 , y 12:o1 A.M. Standard Tune ;q Qp Maine Yankee Atomic Power Company
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Ja nuarv 10. 1975 Date of luue . ro, t. pwiisia, con,pfni.
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V' ' General Manager J EnJonenma No M C0"attr'M N
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;- NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION INCREASE OF LIMIT OF LIABILITY ENDORSEMENT (After Prior Increase)
It is agreed that:
- 1. The limit of liability stated in Item 4 of the declarations as amended by the Increase of Limit of Liability Endorsement (s) listed below is further am. ended to read $96,875,000. This amended limit applies with respect to obligations assumed or expenses incurred because of bodily injury or property damage caused, during the period from the effective date of this endorsement to the date of termination of the policy, by the nuclear energy hazard.
- 2. The original limit of liability stated in Item 4 of the declara-tions, the limit (s) of liability stated in the Increase of Limit of Liability Endorsement (s) listed below and the amended limit of liability stated in paragraph 1 above shall not be cumulative, and each payment made by the companies after the effective date
, of this endorsement for any loss or expense covered by the policy shall reduce by the amount of such payment the limit of liability
! originally stated in Iten 4 of the declarations, the amended
) limit (s) of liability stated in the Increase of Limit of Liability
{; Endorsenent(s) listed below and the amended limit of liability stated in paragraph 1 above, regardless of which limit of liability applies with respect to the bodily injury or property damage out j' of which such loss or expense arises. Previous Increase of Limit of Liability Endorsenent (s) Endorsement No(s): 19 an t 4'- is a true copy of the original O!r in to cc.-ti -
^ % ;rc ent r.un.her and being made part I".:rnment havi.; i e .;10 .sl::f Eacility For?' s des-(' i..:.uclear I ur is ti;cr ed herounJor
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March 21, 1975 7. f,,, , p.,, or poj;cy wo NF-12:01 A.M. Staruhrd Tune Maine Yankee Atomic Power Company 1 lasual - I
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March 21, 1975 7,, ,g,4, ,;,, By } ASArtu~ V' General Monoger 29 - Countersgoea by %
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} ; Nucl: r En:rgy Liability insurcnce NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION i j - 1 ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT Calendar Year 1975 27 It is agreed that Items la. and Ib. of Endorsement No. are amended to read: la. AD\'ANCE PREMIUM: It is agreed that the Advance Premium due the companics for the period designated above is: 190,191.20 l lb. STANDARD PREMIUM AND RESERVE PREMIUM: In the absence i ') cf a change in the Advance Premium indicated above, it is { l agreed that, subject to the provisions of the Industry Credit Rating Plan, the Standard Premium is said Advance Premium and i' the Reserve Premium is: $ 142,220.31 , Additional Premium: $5,741.20 e
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12:01 A M. Standard Tarne Maine Yankee Atomic Power Company l luued sa ~ I March 21, 1975 Toa the s- ibias comp Date of Imue . B. Y l, I ' General Monoger r ountenigned by MC E.dorn.ent No t{36 1
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- 2. Nucl:ar En:rgy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION l i
< . ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT Calendar Year lo7s It is agreed that Items la. and ib. of Endorsement No. 22 are amended to read:
la. ADVANCE PREMIUM: It is agreed that the Advance Premium due the companies for the period designated above ,
; " is: $ inn. nan 32 .
I lb. STANDARD PREMIUM AND RESERVE PREMIUM: In the absenceofachangeintheAdvancePIemiumindicatedabove, it is agreed that, subject to the provisions of the Industry Credit Rating Plan, the Standard Premium is sitid Advance Premium and the Reserve Premium is: $ _ng,jna g2 Additional Premium: $727.73 , 1r to enrt.11 *' ' ,, , ,,, r : ^nt is , &, ti ( , , '.
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f/d5/ Dsdb Lcelear huert;y laability-A ruperLy inact ance w t,c. , 0, Effective Date of this Endorsement January 1,1975 To form a part of Policy No NF-194 12:01 A.M. Standard Time issued to Ma_ina Yankop Atnmic Pawer Comnanu , For the su scribing Co panies Date of lasue MMCh 19,-1976 l
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' THE DUNUP ALE!!N 7 Endorsement No 33 ,,, --
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Nuclear Energy Liability insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION I AMENDMENT OF CONDITION 2 " INSPECTION; SUSPENSION" (Facility Form) i l It is agreed that Condition 2 " INSPECTION; SUSPENSION" is replaced by the following: 2 INSPECTION; SUSPENSION The companies shall at any time be permitted but not obligated to inspect the facility and all operations relating thereto and to examine the insured's books and records as far as they relate to the subject matter of this insurance. Neither the right to make inspections and examina-tions nor the making thereof nor any advice or report resulting therefrom shall constitute an undertaking, on behalf of or for the benefit of the in-sured or others, to determine or warrant that such facility or operations are safe or healthful, or are in compliance with any. law, rule or regulation. If a representative of the companies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hazard, a repre-sentative of the companies may request that such condition be corrected with-out delay. In the event of non-compliance with such request, a representative of the companies may, by notice to the named insured, to any other person or organization considered by the companies to be responsible for the continuance of such dangerous condition, and to the United States Nuclear Regulatory Com-mission, suspend the insurance with respect to the named insured and such other person or organization effective 12:00 midnight of the next business day of such Commission following the date that such Commission receives such notice. The period of such suspension shall terminate as of the time stated in a written notice from the companies to the named insured and to each such i L t person or organization Thio 13 to 00ftif7that such condition has A.:ee l(~.~~ph1;cy (Facility Form) as des-
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of the Eclear D ns r nce is afforded hereunder. ignated hereon.
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Charles R. D2rdos, Jan .r;cr-Liabilit~ Underwriting , Nuclear Enorgy Liabili "-Property Insurance Assoo. j',fe['je t gmen't 9, January 1, 1977 T form a part of Policy No NF- 194 - 12:01 A.M. Standard Time
,, g Maine Yankee Atomic Power Company Date of issue December 15, 1976 For the su icribing co panies By General Manager JHE D f:}AP GENCY Endorsement No 34 Countersigned by av.....M.
c e +d*t (1/1/77)
Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION . WAlVER OF DEFENSES ENDORSEMENT (Extraordinary.NuclearOccurrence) The named insured, acting for himself and every other insured under the policy, and the members of Nuclear Energy Liability Insurance Association agree as follows:
- 1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the con-struction, possession, or operation of the facility, or (b) arises out of or results from or occurs in the course of the ,
transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the ' conduct of *the claimant or the fault of the insureds, including but not limited to: (i) negligence, j (ii) contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening causes, whether involved the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and (3) 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 bodily injury or property damage' and the cause thereof, but in no event more than twenty years after the date of the nuclear incident.
.The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.
- 2. The waivers set forth in paragraph 1. above do not apply to (a) bodily injury or property damage which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of and in connection _with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either payable or re .
quired to be provided under any-workmen's conipensation or occupational
- - -- disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion does not apply to the extent that the claimant has sustained actual damages, measured by the
- pecuniary injuries resulting from such death but not to exceed the maximum amount otherwise recoverable under such law.
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, 3. The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury. or property damage to which the policy applies under .its terms other than this endorsement; provided, however, that with respect to bodily in-jury or property damage resulting from an extraordinary nuclear occurrence, In-
,- suring Agreement IV, " Application of Policy", shall not operate to bar coverage for bodily injury or property damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not.later than twenty years after the date of the extraordinary nuclear occurrence. Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial pro-tection . required of the named insured; (b) the agreement of indemnification between the named ' insured and the the_ Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c)' the limit of liability provisions of Subsection 170e. of the Atomic Energy Act of 1954, as amended. Such waiversishall not preclude a defense based upon'the failure of the claim-ant to take reasonable steps to mitigate damages.
- 4. Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury or property damage to which the policy applies as proof of financial protection.
- 5. As used herein:
" extraordinary nuclear occurrence" means an event which the Nuclear Regulatory.
Commission has determined to be an extraordinary nuclear occurrence as-defined in the Atomic Energy Act of 1954, as amended.
" financial protection" and " nuclear incident" have the meanings given them in the Atomic Energy Act of 1954, as amended. l
" claimant" means the person or organization actually sustaining the bodily I injury or property damage and also includes his assignees, legal represent- i atives and other persons or organizations entit1 I damages on account of such induty, or tramage.C -L,~ ,,e,d,.to. . bring;an-.
, tr ia "uae action part i Endor:cM " Y ' 1 - I' ,, NW as des- ]
gcract hercunder. O C o [nh.so l Effective Date of \o l art of Polic o gp_ 194 this Endorsement Jan g g , Tpo n issuedto 7
B S '-- ft h g Maine Yankee Atomic Power ComplagyJ enr Ed.' E ~
- - - . p , ,'i " , -n o"en"y' Insura l For the su scribing co panies Date of issue _.Hqcembr15. 1976 1
By ._ g reGeneral Manager Endorsernent No 35 Countersigned byhy_ - /*' W .l NE-33a i (1/1/77)-
Nuclear Energy Liability Insuranc@
. NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION' AMENDMENT OF DEFINITION OF
" NUCLEAR ENERGY HAZARD" l (Indemnified Nuclear Facility)
It is agreed that:
- 1. Solely with respect to an " insured shipment" to which the policy applies as proof of financial protection required by the Nuclear Regulatory Commission, subdivision (2) of the definition ,of " nuclear energy hazard" is amended to read:
(2) the nuclear material is in an in'sured shipment which is away from any other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within (a) the territorial limits of the United States of America, its territories or possessions, puerto Rico or the Canal Zone; or (b) international waters or airspace, provided that the nuclear material is in the course of trans-portation between two points located within the territorial limits described in (a) above and there are no deviations in the course of the transportation for the purpose of going to any other country, state or nation, except a devia- ' tion in the course of said transportation for the purpose of going to or returning from'a port or place of refuge as the result of an emergency.
- 2. As used here, " financial protection" has the meaning given it in the Atomic Energy Act of 1954, as amended.
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12.01 A.M. Standard Time issued to .. Ma[oc_Yjipk_ce..At.p.mi_c_ I'_ owe r.._Cornpapy__ . For the s cribing co panies Date of issue DRCCDbC r_] L_.1976 o, 4 THE DUP x AGESY'" """'9 Endorsement No 36 Countersigned by B . Nb NE-44 (1/1/77)
, Nuclear Energy I. lability Insuranca NUC. LEAR ENERGY LIABILITY INSURANCE ASSOCIATION l
- 1) ADVANCE PREMIUM AND STANDARD PREMIUM EllDORSEMENT
- 2) CHANGES IN SUBSCRIBING COMPANIES AND IN THEIR
, PROP 0RTIONATE LIABILITY ENDORSEMENT Calendar Year .1977 la. ADVANCE PREMIUM: It is agreed that the Advance Premium due the companies for the period designated above is: $ 194,525.00
- b. STANDARD PREMIUM AND RESERVE PREMIUM: In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the pro-visions of the Industry Credit Rating Plan, the Standard Premium is said Advance Premium and the Reserve Premium is: $ 145,514,00
- 2. It is agreed that with respect to bodily injury or property damage caused, during the affective period of this endorsement, by the nuclear eneray hazard:
- a. The word " companies" wherever used in' the policy means the !
subscribing companies listed on the reverse side of this l endorsement. l l
- b. The policy shall be binding on such companies only.
- c. Each such company shall be liable only for its proportion of any obligation assumed or expense incurred under the policy because of such bodily injury or property damage as designated on the reverse side of this endorsement.
- 3. It is agreed that the effective period of this endorsement is from the beginning of the effective date of this endorsement stated below to the close of December 31st of the Calendar Year designated,in the caption above, or to the time of the termination or cancellation of the policy, if sooner.
(0ver)
,... ., e n~ ef the crisinal
't 4 an teing n de pad This i3 10 00#t5 C -
j Ddm'.~ ~ 0% E '# ' 3 LS b-N'k~ PbliTI (L.cility Form) as des l of th0lk;1012 - ((7a$o is ai.'orded hereunder. ignat:d h3r003-j mo , Charlo" 3. I ru . ":::~;r-Lisbnit; Undert:riting Huclear Energy Liability-Property Insurance ASSoo.- Effective Date of this Endorsement January 1._3977 To form a part of Policy No NF-194 i 12:01 A.M. Standard Time issued to Maine Yankee Atomic Power Company Opemhpr 31 For the su scribing co panies Date of Issue 1Q76 By l A
@E UNil.P GEideneral Manager 37 countersigned by D t- A ^ ' Endorsement No NE-35 (1/1/77)
Nuclea'r Energy Liability Insurancs
- NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION AMENDMENT OF CONDITION 4 AND AMENDMENT IN 1977 SUBSCRIBING COMPANIES AND IN THEIR PROPORTIONATE LIABILITY END0RSEMENT It is agreed that
- 1. with respect to bodily injury or property damage caused after the effective date of this endorsement by the nuclear energy hazard, the figure.$96,875,000 stated in Condition 4 of the policy is amended to read $108,500,000.
- 2. _ the listing of subscribing companies and their proportionate liability for calendar year 1977 shown on the reverse side of the Advance Premium and Standard Premium Endorsement for Calendar Year 1977 is replaced by the listing on the reverse side of this endorsement. ,
(over) Tgis is to certify that this is a true copy of the original Indorcement havi76 th3 ondor:cnont n;23r and beinc made part, of the l'a 1 car 2:icrL' Lidi it/ 'olier Collity Ferm) as dess 1 isnatcd h:rcon. 20 :nwec.2 is a:1crdo3 Loreandor. D N
\
e Charlos R. 2rdoc, liant Or-Lidility Underv:riting Nuclear Enerry Li 111U-?ropor2/ Insurance Assoo. jl,llErYor emen't January 1, 1977 o form a part of Policy No NF-194 12:01 A.M. Standard Time latued to' Maine Yankee Atomic Power Company For the su . r,cribing co panies Date cd !:bue _ Ja_D1Lary 31.1977 By General Manager JHE DUN % AGENCY
- s. Endorsement N'o 3R Countersigned by PvONN M A M~
.NE-43D(1/1/77)
t d 4 SU65CRIBfhG CDMPAN![*, PROPORTION OF 1D01 Aetna Casualty and Surety Co.. The,151 Farrington Ave.. Hartford. CT 06156 11.4807836 Aetna insurance Company. 55 (1m St. . Hartford. CT 06115 2.3753345 Allstate Insurance Co. 6324 Skokie Blvd., Skokie. IL 60076 4.7506f91 American Home Assurance Co. 102 Malden La., New York NY 10005 .6730115 l American Motorists 79surance Co., Long Grove. IL 60049 . 3a58891 Centennial Insurance Co., A5 bal! 5t. . New York NY ID005 . 7958C 31 Co-reccial Unnon Irsur, tace Co.. Dne Beacon 5t. . Bester.. MA 02108 3.483B240 Continents
- Cep alty Co.. ChA Plaza. Chicago. IL 69685 4.4339578 Continental Insui ance Co. , The 80 Maiden ia.. hew York. NY 10030 6.3342254 Federal Insurance Co., $1 John F. t.ennedy Pkwy.. Short Hills K3 07078 1.2658451 Fireman's Fund Insurance Co. 3333 California 5t.. San Franetsco. CA 4411o 4.3547800 General Accident Fire and Lif e Assurance Corp.. Ltd. 41a Walf ut St.. Fhiladelphia. PA 19105 1.3460229-Great American Insurance Co. 530 Walnut St. Cincinnatt. DH 45201 1.33",1873 Gulf Insurance Co. 3315 Cedar Springs. Dallas. TX 75221 .
.1583556 Hanover insurance Co.. The. 480 Lincoln St.. Worcester. MA 01605 475n669 Hartford Accioent an4' indemnity Co.. Hartford Plare. Haetford. CT 06115 7.9177818 Hartford Steam holler Insp. & Ins. Co. . The. 56 Prospect St.. Hartford, CT 06102 4354780 ^
Home Indemnity Co. . The. 59 Maiden La. . New York NY 1D038
- 7712236 Irsurance Co. of North America.1600 Arch Street. Fh11adelphia, PA 19101 6.3342250 ;
Maryland Casualty Co. , r.0. BOX 1228. Baltivere. MD 2120.1 1.5835564 Monarch Insurance Co. of Ohio. The.19 Rector St., Ncw York, hY 10006 .2771224 Northwestern National Ins. Co. , 731 ko. Jackson St.. Milwaukee, WI 53202 .5542447 Facific Indemnity Cc., 3200 Wilshire Blvd. . Los Angeles. CA 90054 .3167113 Peeeless insurance Co. 62 Maple Ave.. Feene. NH 03431 .D989723' Fhoenia Assurance Co. of hew York. 60 lRaiden La.. hew York. NY 10138 4750669 Protective Insurance Co. 3100 No. Meridian 5t,. Indianapolis. IN 46208 1581556 Providente Washin9 ton Insurance Co. to washington Place. Frovidence. 91 02903 .0989723 Puritan Insurance Company. 1515 Sueecr St.. Stamford. CT 06905 .2375335 Reliance Insurance Company 4 Penn Center Plaza. Philadelphia, PA 19103 1.2658451 Royal Globe lesurance Conrany,150 W111(as Street. hew York, New York 1D038 3.5630018 St. Faul F ire & thrine Ins. Co. , 385 Washin" ton St.. St. Paul, MN 55102 3.9335540 Seaboard Surety Co. 90 William St., New York. NY 1D038 .3167113 Security Insurance Conrany of Hartford,1000 Asylum Ave.. Hartford. CT 06101 1.0669005 - State Fare Fire & Casualty Compary,112 East Washin9 ton St.. Bloomington. IL 61701 .7917782 ! Traasamerica insurance Co.,1150 Sc. Olive St. Los Angeles. CA 90015 .6334225 Travelers Indennity Company. The. Dre T&~er Square. Hartford. CT 06115 11.2432501 United States Fidelity and r.ueranty Co.. P.O. BOX 1139. Ea1timore. MD 21203 9.0262712 United States Fire Insurance Co., Madison Ave. at Canfleid Rd.. Morristown hJ 07960 2.85 Dan 14 , Zurich Insurance Co.,111 best Jackson Blvd.. Chicago, IL 6D6D4 .79177B2 1 NE-774 Attachment to Endorsement No. 38. . 1 m b 8 e t
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L
- NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
' Amendment of4 Transportation Coverage '
(Indemnified' Nuclear Facility) It is agreed that the definition of." insured shipment" in Insuring Agreement III is amended to. read: .
" insured shipment" means c ' shipment of source material, special necicar material, spent fuel or waste, herein called "caterial,"
(1) to the facility from any location except an-indemnified nuclear facility, but only if the transportation of the material to not by predeterminction to be interrupted by removal of the material from a transporti,ng convaycnce for any' purpose other than the continuation of its transportation, or (2) from the facility to any other location, but only until the material is rec.oved from a transporting conveyr.nce for any purpose other ' than the continuation of its transportation.
. 1 ECective Date of To form a part th:a Endonemeng September 15, 1972 of pag;cy N o; F-60 Maine Yankee Atomic Power Company laued to October 4, 1972 Date of fuu, THIS IS TD C[*:l!FY THAT THiS IS A TRUE CCPf 0F E? C0!"iE:JENTI:3- ! i For the Subscribing Companies .
MADE PART OF huCLIAR l' 'CY FCLICY (FfC!lITY f 0*W) f.3 f*f __ _ON3 INSUP.WE ($ MTCED Ut4DtR THIS MUTUAL ATOMIC ENERGY-LIABILI'lY UNDERWRITERS T.tUi, COPY . By.
@ h D*v:D f. KuiKats& .ECRETAr.
f.:UTut.t A10'.'5e fi.['OY UA!4LiiY UiiDEKwarTERS 1
. Enderwment No. Countersi:ned by Avnicatzso EsnuswTAnys 7t7
NUCLEAR ENERGY LIABILITY INSURANCE !'
=
- ' MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Addresa of Mutual Atomic Energy Liability Underwriters Endorsement i It is agreed that the address of the Mutual Atomic Energy Liability Underwriters appearing on the declarations and in the " Company i Representation" condition of the policy is amended to read
"Ons East Wacker Drive, Chicago, Illinois 60601" '
t 4 f 1 ECecdve D:te of September 15' 1972
- I "" * #*" MF-60 this Endonement af Pohey No. r Maine Yankee Atomic Power Company et er , 1972 Date of Ise TH13 !! 10 Cin.T'TY THAT TH.S IS A .
.TRUE Co?Y CF E:eLoa5Et:E'iT ND . .
#0I * " #U #"
C:ADE PART OF fu! TEAR E Of FDUCY is c is F o a trN: His EUUAD TRUE COPT. m'* , . ' Dy
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ICIUAL AT0*C [:iE;%Y L?thidE2. '7JPS Endonement No. : Countenigned by - T
.A. ..p
L L . 1 . NUCLEAR ENERGY LIABILITY INSURANCE __ w - MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS f. AMENDITORY ENDORSEMENT NUCLEAR ENERGY LIABILITY POLICY (FACILITY FORM) It'is agreed that: I. The first sentence of the defini, tion of nuclear faci.11ty 'is amended to read:
~
* " nuclear facility" means "the facility" as defined ~in any Nuclear Energy Liability Policy (Facility Form) issued by Mutual Atomic Energy Liability Underwriters or by Nuclear Energy Liability Insurance Association; II.
The definition of "indennified nuclea facility" is replaced by the following:
" indemnified nuclear facility" means -
(1) "the facility" as ' defined in any Nuclear Energy Liability Policy (Facility Fonn) issued by Mutual Atomic Energy Liability Underwriters or by Nuclear Energy Liability Insurance Association, or . (2) any other nucicar facility, ' if financial protection is re' quired pursuant to the Atomic Energy Act of 195h, or any law amendatory thereof, with respect to any activities or operations conducted thereat, III. Condition h is replaced by the following: - LIMITATION OF LIABILITY: CCMMON OCCURRENCE Any occurrence or series of occur . rences resulting in bodily injury or property damage arising out of the radio-active, t'oxic, explosive or other hazardous properties of (a) nuclear material discharged or dispersed from the facility over a period of days, weeks, months or longer and also arising out of such properties. of other nuclear material so discharged or dispersed from one or more other nuclear facilities insured under any Nuclear Energy Liability Pol-icy (Facility Form) issued by Mutual Atomic Energy Liability Underwriters, or 1 (b) source material, special nuclear material, spent fuel or waste in the course of transportation for which insurance is afforded under this policy ! and also arising out of such properties of other source material, special nuclear material, spent fuel or. waste in the course of transportation for which insurance is afforded under one or more other Nuclear Energy Liability Policies (Facility F6rm) issued by Mutual Atomic Energy Liability Underwrits, chall be deemed to be a common occurrence resulting in bodily injury or property damage caused by the nuclear energy hazard. ,
.)
J i
[ ... .
.. .. . I -
4' ! Eith respect to such bodily injury and property damage (1) the total accregate liability of the menbars of Mutual Atomic Energy Liability Underwriters under all Nuc1 car Energy Liability Policies (Facility Form), including this policy, applicable to such common occurrence shall be the sum of the limits of liability of all such policies, the limit of liability of each such policy being as determined by Condition 3 thereof, but in no event shall such total aggregate liability of such members exceed $13,500,030; (2) the total liability of the companics under this policy shall not exceed that proportion of the total aggro-gate liability of the members of Mutual Atomic Energy Liability Under-writers, as stated in clause (1) above, which (a) the limit of liability of this policy, as determined by Condition 3, bears to (b) the sum of the limits of liability of all such policies issued by such nenbers, the limit of liability of each such policy being as determined by Con-dition 3 thereof. The provisions of this condition shall not operate to increase the limit of the companies' liability under this policy. IV. The second paragraph of Condition 12 "Other Insuranec" is amended to read:
"If the insured has other valid and collectible insurance (other than such concurrent insurance or any other nuclear energy liability insurance issued by Mutual Atomic incrgy Liability Underwriters or Nuclear Energy Liability Insurance Association to any person or organication) applicable to 1 css or expense covered by this pol:.cy, the incurance afforded by this policy shall be en ess insurance over such ot.her insurance; provided, with respect to any person who is act employed at and in connection with the facility, such insurance as is afforded by this policy for bodily injury to an employee of the insured arising out of and in the course of his employmeat shall be pri-mary insurance under such other insurance."
Effective Date of To form a part
. this Endonement September 15, 1972 af Policy No. MF-60 Issued to Maine Yankee Atomic Power Company Oct ber 4, 1972 db TH'S IS TD CEinFY TH1T TH!S IS A TsE CD?Y OF E.'J0tS!!/E!!T tio S ADE P/JT OF f 0 CLEAR ENTRY POU;Y For the Subscribing Companies (f.*.QtiTY F0!'M) N0 f3 b_., fiO Nsow:CE IS AffCRDQ U11R THIS MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS TCUC Cavy.
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- By -
D.WD E Km'im M 'X1t Y , f/UTUAL ATO.WC E;:E:GY LPTutif UWi "5 IRS Endonement No. ._ Counteni:ned by
- i _ _ _ ,
NUCLEAR ENERGY LIABILITY INSURANCE
-2.. -
MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
- INDUSTRY CREDIT RATING PLAN PREMIUM ENDORSEMENT It is agreed that Condition 1 of the policy is replaced by the following:
CONDITION 1. PREMIUM (1) Definitions: With reference to the premium for this policy:
" advance premium", for any calendar year, is the estimated standard premium for that calendar year;
" standard premium", for any calendar year, is the premium for that calendar year computed in accordance with the companies' rules, rates, rating plans (other than the Industry credit Rating Plan), premiums and minimum premiums applicable to this insurance;
" reserve premium" means that portion of the standard premium paid to the companies and specifically allocated under the Industry Credit Rating Plan for incurred losses. The amount of the " reserve premium" for this policy for any calendar year during which this policy is in force is the amount des-ignated as such in the Standard Premium Endorsement for that calendar year;
" industry reserve premium", for any calendar year, is the sum of the reserve premiums for that calendar yea. for all Nuclear Energy Liability Policies issued by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Lieb111ty Under-writers and subject to the Industry Credit' Rating Plan;
" policy refund ratio", for any calendar year, is the ratio of the named insured's reserve premium for that calendar year to the industry reserve premium for tha't calendar year;
" incurred losses" means the sum of:
(1) all losses and expenses paid by Nuclear Energy Liab-ility Insurance Association and Mutual Atomic Energy Liability Underwriters, and (2) all reserves for unpaid losses and Expenses as estimated by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters s %
O s Paga 2 INDUSTRY CREDIT RATING PLAN PREMIUM ENDORSEMENT (Cont.) because of obligations assumed and the expenses incurred in connection with such obligations by members of Nuclear Energy Liability Insurance Association and Mutual Atomic Energy
' Liability Underwriters under all Nuclear Energy Liability Policies issued by Nuclear Energy Liability Insurance Associa-tion and Mutual Atomic Energy Liability Underwriters and I subject to the Industry Credit Rating Plan;
" reserve for refunds", at'the end of any calendar year, is the amount by which (1) the sum of all industry reserve premiums for the period from January 1, 1957 through the end of such calendar year exceeds (2) the total for th'e same period of (a) all incurred losses, valued as of the next following July
- 1, and (b) all reserve premium refunds made under the Industry Credit Rating Plan by members of Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters;
" industry reserve premium refund", for any calendar year, is determined by multiplying the reserve for refunds at the end of the ninth calendar thereafter by the ratio of the industry reserve premium for the calendar year for which the premium l refund is being determined to the sum of such amount and the total industry reserve premiums for the next nine calendar years thereafter, provided that the industry reserve premium refund for any calendar year shall in no event be greater than the industry reserve premium for such calendar year.
The named insured (2) Payment of Advance and Standard Premiums. shall pay the companies the advance premium stated in the declarations, for the period from the effective date Thereafter, at of thethis policy through December 31 following. beginning of each calendar year while this. policy is in force, the named insured shall pay the advance premium for such year to the companies. The advance premium for each calendar year shall be stated in the Advance Premium Endorsement for such calendar year issued to the named insured as soon as practica1be prior to or after the beginning of such year.
- As soon as practicab e after each December 31 and after the i termination of this policy, the standard premium for the preceding calendar year shall be finally determined andstat
. year.
If the standard premium so determined exceeds the advance premium previously paid for such calendar year, the named insured shall pay the excess to the companies; if less, the companies shall return to.the named insured the excess portion paid by such insured. NE-17 _
--- nwimK _ -MNgq.j_
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I Page 3 INDUSTRY CREDIT PATIEG PIAN PREMIUM ENDORSEMENT (Cont.) The named insured shall maintain records of the information necessary for premium computation and shall send copies of such records to the companies s,s directed, at the end of each calendar year, at the end of r.ne policy period and at such other times during the policy period as the companies may direct. (3) Use of Reserve Premiums. All reserve premiu=s paid or payable for this policy may be used by the members of Mutual Atomic Energy Liability Underwriters to discharge their obligations with respect to incurred losses whether such losses are in-curred under this policy or under any other policy issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters. (4) Reserve Premium Refunds. A portion of the reserve premium for this policy for the first calendar year of any group of ten consecutive calendar years shall be returnable to tne named insured provided there is a reserve for refunds at the end of the tenth calendar year. (5) Computation of Reserve Premium Refunds. The reserve premium refund due the named insured for any calendar year shall be determined by multiplying any industry reserve precium refund for such calendar year by the policy refund ratio for such calendar year. The reserve premium refund for any calendar year shall be finally determined as soon as practicable after July 1 of the tenth calendar year thereafter. (6) Tinal Premius, The final premium for this policy shall be the sum of standard premiums for each calendar year, or portion thereof, during which this policy remains in force less the sum of all refunds of reserve premiums due the na=ed insured under the provisions of this Condition 1.
W . p,g, g . INDUSTRY CREDIT RATING PLAN PREM1UM ENDORSEMENT (Cont.) (7) Reserve Premium Refund Agreement. Each member of Mutual Atomic Energy Liab-111ty Underwriters subscribing this policy for any calendar year, or portion . thereof, thereby agrees for itself, severally and not jointly, and in the ' respective proportion of its liability' assumed under this policy for that calendar year, to return to the named insured that portion of any reserve premium refund due the named insured for that calendar year, determined in accordance with the provisions of this Condition 1. ErTective Date of To form a part this Endorsement September 15, 1972 af Policy No. MF-60 Maine Yankee Atomic Power Company da October 4, 1972 Date of Issua , THtS IS TD CE.1TirY THAT THt$ IS A inLE COPY OF Er.DDRSEMENT NO- 1 taADE PART OF f UCLEAR E RGY POUCY For the Subscribing Companies (FIClLITY FORM) NO. MF_ N 0 lNSdan E IS AFFORDED UflDER THIS MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS TRUE CCPY. a m> - g. W By DAV!D E. F"l7E% . SEC ' TARY MUTUAL t.TDMIC E!!E",CY LtADILITY L'NDERWR!TERS Endorsement No. Countersigned by Aurnoazzuo RarasuwTATzys , i T* *
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3 NUCLEAR ENERGY LIABILITY INSURANCE l 7 ;_ , j
)
MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ' 1 Waiver of Defenses Endorsement
-(Extraordinary Nuclear Occurrence)
(FACILITY FORM). Tcs neced insured, acting for himself and every other insured under the policy, and the ce;.bers of Hutual Atomic Energy Liability Underwriters agree as follows. 1
- 1. With respect to any extraordinary nuclear occurrence to which the policy applies l as proof of financial protection and which (a) Arises out of or resulto from or occurs in the course of the construction, possession, or operation of the facility, or (b) Arises out of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the :
insureds, including, but not limited to: (i), negligence, (ii) contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening causes, wheth'er involving the s conduct of a third person, or an act of God, . (2) any issue or defense as to charitable or governmental immunity, and (3) any issue or defense based on any 'ststute of limitations if suit is insti-tuted within three years from the date on which the claimant first knew, or reasonably cound have known, of his bodily injury or property damage and the cause thereof, but in no event more than ten years after the date of the nuclear incident. l l The waiver of any such issue or defense shall be effective regardless of whether I such issue or defense may otherwise be deemed jurisdictional or relating to an ele-ment in the cause of action. ,
- 2. The waivers set forth in paragraph 1. above do not apply to '
(a) Bodily injury or property damage which is intentionally sustained by the claimant or. which results from a nuclear incident intentional.ly and wrong-l fully caused by the claimant; (b) Bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor ara either payable or required to be pro - vided under any workmen's compensation or occupational disease law; (continued. . .)
l , l . Valver of Defenses Endorsement - continued !. (Page 2) ( - (c) Any claim for punitive or exemplary damages, provided, ulth respect to any claim for wrongful death under any State law which provides for damages only punitive in nature, this exclusion docs not apply' to the extent that the claimant"'has sustained actual damages, measured by the pecuniary in-juries resulting from such death but not to exceed the maximum amount other-wise recoverable under such law. 3 The waivers set forth in paragraph 1. above shall be ef fective with respect to bodily injury' or property damage to which the polley applies under its terms other than this endorsement. Such waivers shall not apply to, or prejudice the prosecutt' on or defense of '! any claim or portion of claim which is not within the protection af forded - under (1) The provisions of the policy appilcable to the financial protection required of the named insured, (2) The agreement of indemnification between the named insured and the Atomic Energy Commission made pursuant to section 170 of the Atomic Energy Act of 1954, as amended, and r (3) The limit of liability provisions of subs'cetion 170 e. of the Atomic Energy Act of 1954, as amended. - Such walvers shall not preclude a defense based upon the f ailure of the claimant to take reasonable steps to mitigate damages. 4 Subject to ali of'the limitations stated in this endorsement and in the Atomte Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms ar,ainst any insured in en action to recover damages because of bodily injury or proptrty damage to which the policy applies as proof of financial protection.
- 5. As used herein: -
t
" Extraordinary nuclear occurrence" means an event which the Atomic Energy Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.
(Cont inued. . . .) i l l
+- - 4
Waiver of Defenses Endorsement - continued (Pege 3)
- 5. (continued)
" Financial protection" and " nuclear incident" have the meanings given them in the Atomic Energy Act of 195I4, as amended.
" Claimant" means the person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal reprecenta-tives and other persons or organizations entitled to bring an action for damages on account of such injury or damage. .
4 To form a part MF-60 ErTeetive Date of af Policy No. this Endorsement .. September 15, 1972 Maine Yankee Atomic Power Company Inued to Date of Issu, October 4, 1972 THIS IS TO CERTIFY TH'T THIS IS A ' TRUE 00PY OF CeDOPSEMENT NO- b lAADE PAR 10F NUCLEAR tt rRGY POLICY For the Subscribing Companies (F'.CILITY f0th') f.0. MF O fl0 INS;lRA;KE l$ Alf0RDED UNDER THIS MUTUAL ATOMIC ENERGY LIABILI*IY UNDERWRITERS T7/.:L C3PY.
- tW3 W y "1 DY. D E. Ki't'ENG " T A P,Y %. -
y, t" v: e. ,W:.ac i::t tv uta:U.Y vi 0En.antas e g 5 Countersigned by --
? Endorsement No. Aunioutto RarassawTAvivt '
'NE-33:1/1/69
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NUCLEAR ENERGY' LIABILITY INSURANCE - MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS Amendment of Condition b Endorsement It is agreed that with respect to bodily injury and property damage caused after the effective data of this endorsement by the nuclear energy hazard the figure $13,500,000 stated in condition h of the policy is amended to read $21,375,000. Eficetive Date of To forrn a part ils Eri.fom=ent September 15, 1972 og pog; q g o,_ MF-60 Maine Yankee Atomic Power Company . October 4, 1972 Date of Ixu, 1HIS IS TO CE2nrY THAT THIS IS A TRUE EDPY OF ENDORSE!. TENT NO - For the Sub,cribing Compentes McE FART OF NUCLEAR ENERGY POUCY (FACIUTY TORM) tid. MF._dt b NO MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS l INSURA'lCE 13 AFFORDED UNDElt THIS , TRUE COPY.
&1 y WID E. EUl2[NGA. SEC ETARY t/C1JaL A10Mit ENET.GY LIA a UN 3IRWhi. S 6 ' Endornment No. Countersed by Avruousso Rarausurama.
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NUCLEAR NNERGY LIABILITY INSURANCE m_ MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing the application of paragraph 2(b) of the Waiver of Defenses Endorsement (NE-33) with respect to an extraordinary , nuclear occurrence occurring at the facility, a claimant who is employed ' at the facility in connection with the construction of a nuclear reactor with respect to which no operating license has been issued by the Atomic Energy Commission shall not be considered as employed in connection with
, the activity where the extraordinary nuclear occurrence takes place if:
(1) the claimant is etaployed exclusively in connection with the. construction of a nuclear reactor, including all related equipment and installations at the facility, and (2) no operating license has been issued by the Atomic Energy Commission with respect to the nuclear reactor, and (3) the claimant is not employed in connection with the possession, storage, use or transfer of nuclear material at the facility. Eficctive Date of To fonn a part ! this Endorsement September 15, 1971 mf pot;cy go, MF-60 Maine Yankee Atomic Powr Company Date of Issu, October 4, 1972 l i TH!S IS TO CExilrY THAT TH)S is A T30E COPY OF ELDORSEMENT NO 1 ! MADE PART OF NUCLEAR EttLPGY POLICY or tb Subsch, g Gmpanies NCE IS F0D UD HS TRUE QOPf.
- W 2_ '
My 47DWID E. KLTLE ' ' '3Eli Ml'TUAL ATOMIC EWEi.GY UABIUTY UhDERM!TE2S . 7 Endorsement No. Countersigned by _ l
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NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ADVANCE PREMIUM ENDORSEMENT AND STANDARD PREMIUM AND RESERVE PREMIUM ENDORSEMENT CALENDAR YEAR 1972
- 1. Advance Premium It is agreed that the Advance Premium due the companies for the :
calendar year 1972 is $509.49.
- 2. Standard Premium and Reserve Premium In the absence of a change in the Advance Premium indicated above, it is agre'ed that, subject to the Provisions of the Inudstry Credit
, Rating Plan, the Standard Premium and Reserve Premium for calendar year 1972 are:
Standard Premium $509.49 Reserve Premium $341.27 1 Efiective Date of To fonn a part this Endorsement September 15, 1972 af Pohey No. MF-60 Maine Yankee Atomic Power Company Date of Issu, October 4. 1972 YH:S IS 10 CE*.ilFY THAT THiS 13 A T..LE E0PY OF EADORSEMENT NO . _ For the Subscribing Companies MADE PART OF NUCLEAR EP' RGY POLICY (Ft.C!LiiY FORM) f.0. MF 0 . r:0
, MUTUAL ATOMIC ENERGY LIABILI'IY UNDERWRITERS j mSURA? CE IS AFFORDED UNDER THIS TINE COM. . -
By M V:D E. KUITENGA. SEcis TARY NDE ~M W:TU*L ATO:.:!C E'.'E 3Y Lin. Endorsement No. Countersigned by AUTwou2to Rarass NTATTY3 7.** ( l i
-. .- ?
- NUCLEAR' ENERGY LIABILITY INSURANCE MUTUAL- ATOMIC ENERGY LIABILITY UNDERWRITERS Amendment of Nu.e of Member Company Endorsement It is agreed that the name " SENTRY INSURANCE A MUTUAL COMPANY" is substituted for "HAPJ4ARE MUTUAL CASUALTY COMPANY" wherever it appears in the policy.
Effective Date of To form a part this Endorsement September 15, 1972- ,4 Po!!cy No. MF-60 Maine Yankee Atomic Power Company October 4, 1972. Date of issu. 01'S :S 13 LEl.firY THAT THIS !$ L E CCH Of E.'.LORSE!AEMT ND- . O,1 C P!RT CF rwCLEM t ERGY POUCY For the Subscribing Companies (F'CIUTY FC Y) I.0, fJF_ ._O. to insu.w :.t is uFcacto uteLP. TMS MUTUAL ATOMIC ENERGY LIABIL1'IY UNDERWRITERS ThUE COPf. m - y By DAV;D E. Fu; EfiGA. 5 ACTA .f MUTUAL AT0t.fic Er:ERGYIT3' fty UND r..ypjTERs _ 9 ' l Endorsement No. Countersigned by Attruoanso RatauBNTATIYS T l
'S - NUCLEAR ENERGY . LIABILITY INSURANCE m ,. MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ! s AENDATORY ENDORSEXENT (Application of Policy) It is agreed that Insuring Agreement IV of the policy, captioned
" Application of Policy" is amended to read as follows:
APPLICATION OF POLICY This policy applies only to bodily injury or property damage (1) which is caused during the policy period by the nucicar energy hazard , and (2) which is discovered and for which written : claim is made against the insured,- not later than i ten years after the end of the policy period. Eficedve Date of To form a part this Endonement January 1, 1973 of peggy yo, MF-60 Maine Yankee Atomic Power Corporation Iuued to Novecher 22, 1972-THis is to ;!'.rY THat TH:s is A Trut co y 0F t. putrtr:T no - mLt r,wi c; nect;f,R ENERGY PCUCY For the Subscribin- Companies irmuty r r q no L:r (8 to. insrx:t a rreacto untR 1h13 MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ' TF.Us COPY. , V sd y D4:D E. PUi7EMR EC2I AM - INTUAL AT&:0 C:E':G i.so J Y UG w " CI'3
' Endonement N 10' M Countersigned by y ".-a.n u,-,_-
NE-32
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NUCLEAR ENERGY LIABILITY INSURANCE ; _;n E-
- MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
- 1. AMENDMENT OF ADVANCE PREMIUM ENDORSEMENT
- 2. STANDARD PREMIUM AND RESERVE PREMTUM ENDORSEMENT
- 3. ADDITIONAL PREMTJM
- 1. ADVANCE PREMIUM It is agreed that the Amended Advance Premium due the companies for the calendar year 1972 is $ 10,886.85 ...
- 2. STANDARD PREMIUM AND RESERVE PREMIUM
-Subject to the provisions of the Industry Credit' Rating Plan, it is agreed that the Standard Premium and Reserve Premium for the Calendar year designated above are: .
Standard Premium $ 10,886.85- . Reserve Premium $ 7,180.48 .
- 3. ADDITIONAL PREMIUM: $10,337.36 Effective Date of September 15, 1972 To fonn a part MF-60 this Endorsement af Policy No.
Issued to Maine Yankee Atomic Power Company . Date of Issu- ,
- l . . . . .
!0 . . ..:?i: ,; ;,; // .
~ L1 Fh:1 t1:uC'.E:e i,';jn y raucy _ '
Fl.0 L:*v -"- ;p ar oo ,e For the Subieribing Companies CU"':' a ta %':2.a:05n qu!;s
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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
. O D&. dus t.o;sacrd Agr? VCC NY By
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NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS _ ADVANCE PREMIUM ENDORSEMENT and STANDARD PREMIUM ENDORSEMENT Calendar Year J E f
- 1. ADVANCE PREMIUci It is agreed that the Advance Premium due the companies for the calendar year designated above is $ 48,825.00 2
STANDARD PREMIUM AND RESERVE PREMIUM In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the provisions of the Industry credit Rating Plan, the Standard Premium and Reserve Premium are: Standard Premium $_48,825.00 . Roserve Premium $ 36,432.00 . , Eflectivo Dr.to of January 1, 1973 To fom a pad l thin Endoracraont - of Policy No MF-60 I Insued to Maine Yankee Atomic Power comnanv
.i
! December 26, 1972 l THpg'go r.00, wtMY 1 HAT THIS IS A . TRUE C'.rY tr E.'.00,Ute/tgi noi / *k7 tm rt er. ara mtnypp.xy ~ For the Subscribing Companies Utaa'Y u :, :.y.:n b o_ m _ . l ,
,r, IM, MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS .
1 ' ' ' MF 9.Q.. ; ) I D E . kv 2 esqcmmn . DY '
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L *:C.t:.; i. a ... :.a:,;; t.a 37y . , y ( { p ik.cioument No. Ng . Counteraigned by / N' e4 ' l ct6nmzm, - a i
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. . 3 NUCLEAR ENERGY LIABILITY INSURANCE
- 1 MUTUAL ATOMIC ENERGY LIABILITY. UNDERWRITERS 1 4
9 A
- 1. A!E!IDMLIC OF ADVANCE PREI4IUM END3RSE'4ENT- r 2 STANDARD PAEMIUM AliD RESERVE PF.EMIUM ENIORSEME!E t
.3. F1 TURN P?l2iTUM DUE
- 1. Advar.ce Prcmium It is agreed that the Amended Advar.ctr' Prr:niura due the cer.punics for the calendar year 1972 in S9,225.90 ,
2 Standard Freniva and Reserve Premium
. Subject to the provisions of'the Industry Credit Rating Plan, ,
it is ngreed stiat the Etandard Premiun and Eeserve Premium for the calendar year designated above are: Standard Premium 89225.90 Roscrve Premium 06603.71 , 5
.3. R5 turn Prenita $1660.95 Erective Date of ' To form a part this Endenement Sr'p.ttmber ~$; 7072 af Policy. No. IF.60 Issued to . 14aine YMkee Atorr.ic Power Comnany Drte of Issue M:u ch 8.1973 .
THis is TD LEvilry THAT THIS IS A TRUE COPY OF E%0RSE' LENT NO - IE For the Subscribint Companies
,RDE Pf,RT OF NJCLEa.R ENEP.GY POUCY re 'ity FORlh h0. IAI- M MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS u.u,c,EE,iS t.V 'RDLD U(NDER THISg.
e. yy L 3,
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,,t,.:,, # c-l;; .,EhGY tHUTY UnpEGRITERS Endorsement Nc _ l '1 Countersigned by .I/_! _.
y .s s ,m a ,n u n. - - ew , j ' I' !- 7)g (1:7 i '$
m , NUCLEAR ENERGY LIABILITY INSURANCE
*. . . z --
MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
~
ADVANCE PRDIIMI ENDORSDENT .- and
- STANDARD PREMIDI ENDORSDENT -
Calendar Year 1974
~
- 1. _ ADVANCE ?RFl!IMI .
It is at. reed that the Advance Premium due the companies f.cr the calendar . year designated abeve is $ . 50 275.00__ *
,STANMRD PRIMIUM AND RESERVE PRD!IMI 2 "
In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the provisions of the Industry Credit Rating Plan,
- the Standard Premium and Reserve Premium are: ,, ,
Standard Premium $_50,175.00 . ..
. Reserve Premium $ _37,458.00 .
Effective Date of January 1,1974 T I0'.in a part MF-60 this Endonement af Pohey No. y,g Mainc Yankee Atomic Power Company - D:te cf hsu. December 14, 1973 THIS IS TD CI't :rY TiiAT THIS IS A TEE Cc;'i 0F E; DD13P/E*'T ll3; / ** r.n t rtri a . a r R U ' " b g7 , For the Subscribing Companies Utr.':7 r;:';;. 17 _ , r,3 1 57 I .4 . ...u; c...;.; ::;s MUTUAL ATOMIC ENERGY L1AB1LITY UNDERWRITERS Ttr.J n - g j, n k
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Endme.wnt No. Cerda.wd by
. Atrnsa.uzto Rrnt:txrAt n Ta ' '
NUCLEAR ENERGY LIABILITY INSURANCE L
-MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERSL r
- Amendment of Condition 4 Endorsement .
~
It is agreed that with-respect to bodily injury and property damage caused
~
after the effective date of this' endorsement by the nuclear energy hazard the figure $21,375,000 stated in Condition 4 of the policy is amended to read $24,750,000.: v , . O Effectlve Date of To form a part , this Endonement J_anua W : 1474 af Policy No. MF-60 m ine Yankee Atomic Power Company-9 Date of Issi:, February 11. 1974 1
. S 13 LL.* ry THAT TH S IS A ,
i..E CD.7 Cr I ::? tyt;;t ;;p, / , mr For the Wn.%. Ompam. uctemcrr=tiufoo.
#c:ury r:T :1 tr room na [
~ ;3 mco c:cta THis i MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS s My By -
.- . . . . .;:.:....:R , ,p .3 ~~ n '
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L Endonem-nt No. 15' ' Countersigned by Atmtonzso RenassutAma G NE 43'(1/1/74)- . -. ,, w _. ,--,.,4 c4% - , ., w , , . .
9
- \
NUCLEAR ENERGY LIABILITY INSURANCE H ;
~ j' % 2_.c-MUTUAL ATOMIC ' ENERGY LIABILITY UNDERWRITERS
- 1. AMENDMENT OF ADVAl*CE PP.D1IUM ENDORSDIEhT .. i
. ;. j
- 2. STANDARD PRD!IUM AND RESERVE PRD1IUM ENDORSDIENT -
1
- 3. ADDITIONAL PRD1101 DUE
- 1. Advance Premium It is egreed that the Amended Advance Premium due the companies for the calendar year 1973 issca.9pn_67
- 2. Standard Premium and Reserve Premium Subject to the pr:ovisions of the Industry Credit Rating Plan, it is agreed that :he Standard Precium and Reserve Premium for the calendar yc.ar designated above are:
Standard Premium $48.998.47 Reserve Premium 36.563.84
- 3. Additional Premium Due $173.47 To form a part Eflective Date of 11F-60 this Endorsement I.aIU.tary 1- 147'l af Policy No.
W "* Y "L'aa ^*^"'4' *^"a" C^'"I' ?Y Issued to Date of Irsu,, February 11, 1974 -
, . . . . . i . . . ., ,,, A L:.E t.*/ c: t. .;c: : :;:r r:o._/b -
f.:ADE rai er 1:.etun r'.I:: y ocu Y. For the Subscribing Companies
- in:my Ic..:,:) ta. ifr_}0 0 . r:0 .
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f.E;.:;iid J. JT . , I,;;n, AF:y . MUTUAL ATOMIO EfiER Y URS!UTY UNDERWRITERS
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Endors:$nent No. Coun:c;si:;nel by _. ' ' " --- Atmron:tra ReruscuTAmt Y N' V .- P4'%N T .4 pT. . "A g ig W g-.
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. NUCLEAR ENERGY LIABILITY INSURANCE
-n._ _ .
MUTUAL' ATOMIC ENERGY LIABILITY UNDERWRITERS. Incronse Of Limit Of Liability rndorsemen t It is agreed : hat: .
- 1. Ec linit 3f linbility stated in Item 4 of the declarations of the pal'cy to n anded to read ,_$24.7_5jo,0_,0_0 .
Thi9 c.9.t.uded limit cpplies with respoet to obligations assumed or : c:.rparcs incur cd because cf b>.*dily injuiy or property da taa:;c cc.used, ; during ti.c period froa the ef fcccive dato of this endorsement to the date of terminatien of the po: icy, by the nuclear energy hazard.
- 2. The limi t of liability stated in Item 4 of the decin' rations and the at. ended linit of lial,ility stated in paragraph 1 abo.c shall not be cunu!.v.ivt. , and each payment made by.the coupanies af ter the ef fcetivo date of . t.his endorsen.mt f or any loss or expense. covered by the pclicy chall redu.:o by the anount. of such payment both t ' he 3imit of lic.bility statec in Ite:a 4 of the declarations, and the amended limit of lidility s tated. in paragraph 1 above, .regardicas of which limit of liability.
cpplies .vith respect to the bodily i'njury or property damage out of thieb mich loss expen.u' av iss . - 1 h de To form a rart
- th:.1.ne. Ihte oferrmat .-..... .thrch 1 > 1974
. _ eg pcpc y .y o. t'F - 60 _ _ _ . . .
t ! p g ,'. t, 112ine Yankee Atomic Pouer Company a._. I
- j Date c' b: , i/a r ch_1,3_,. 1974
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'1 i.;3. . . ,; ;Jc.v.;:) t='R Tills h1UTllAL sYrO?.11C i:NERGY LI AlMLITY U!!DERWRITERS j it..; t.,?'
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_ . . , y--_-,_-,- , NUCLEAR $NERGY LIABILITY INSURANCE
- MUTUAL- ATOMIC ENERGY LIABILITY UNDERWRITERS .
i
- 1. AMENDNENT OF ADVANCE PRD11UM ENDORSDIENT
- 2. STANDARD PRD!IUM AND RESERVE PRD!IUM ENDORSD!ENT
- 3. ADDITIONAL PRD1IDI DUE i
~
- 1. Advance Premium ,
1 7t is cgreed that the f.nended Advance Premium duc the companics h I for the enler.ds: ycor 1974 is $53,003.25
- 2. Standard Premium end Reserve Premium ;
1 Subject to the provisions of the Industry Credit Rating Plan,
- it is agreed that the Standard Prcuium and Reserve Premium for the calendar year designated above are:
Standard Premium $53,003.25 . Reservo Premium _ $39,607.47
- 3. Additienal Precium Duc_$,2,828.25.
4 Eilutiv Dst,e of l'8 " MF-60 thb Eni;ers = cat January 1, 1974 T of IPoky
'!" ^No. -
Tu.ued tt, Maine Yanket _tamij._PJyg.r A Company __ , May 20,1974 Dr.e of w.;ue_ -- THIS IS TO CERflFY THAT THIS IS A TRut c:PY OF ENDORSIMENT N0....J. .. g ggg , MAct v..M OF NUCtfAR EN G FOLICY h1UTUAL ATO.\IIC ENERGY LIAB]LITY UND1:RWRITERS' , s :L 0 DU$b.HI
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gplc., ( /W;f.;wuw & Aq" r.im40 t. tccc:x4, stcRETARY ,
}p MU10AL Af$.;tC U4Er,0Y UABillTY UNDERWRITERS THE DllNLAP AGENCY 18 - py Endornment No. Counte'rdr,ned by _ _.___-- - __' ' -
Aun:ouno Rermexmn r.
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c c 4 NUCL. EAR ENERGY LIABILITY . INSURANCE. MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS,' , l
- 1. AMENDMEhT OF' ADVANCE PRD!IUM EI.'DORSD:ENT 2 STANDARD PRDfl01 AMD RESERVE PREMID Ei;DORSRENT .
- 3. RETjy? P3CfilOl_Irl'E -
l
- 1. Advanco Preniuta .
v it is agteed that the A:aended \d'.verc 67 -b" + ,456. remiut.: due the coepanics, for the calendar yest 1974 is . 2 Standt.rd Prcnium and Reserve Premium Subject to the provisions of the Industry Credit Rating Plan, ft is agreed that the Standard Preuiu a and Reserve
- Premiuin for the calendar year desi;;nated above are: .
Standard Pretium $hh,h56.67, 33,112.07 Reserve Premiuia
$8,5 6.5S
- 3. Rcetirn Premium _
, Efiective Date of January 1, 197h To for.n' a ,r:et IF-60 tha Er.?.wcre.cnt < f Febcy .$.e.
!! sine Yankee Atenic Power Company
-I m ed io . . . _ _ _ _ _ _.
Da:e ei Irt::r !!ovember 6,1971.; 1 i l'or the Sukr: bin;; Co:npanies I i 60 . MUTUAL ATO.i.11C ENEi1Gi' LIAIIILITY UNDERWRITERS.
' + - ~
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NUCLEAR ENERGY LIABILITY INSURANCE
/ __.__ .... -
l MUTUAL ATOMIC' ENERGY LIABILITY UNDERWRITElkS - n 1 I - ADVA!:CE PREh*It?! E!!DDRSD:"' T and STANDA,5tD P?.DIIli'i E!!DORSD'E!!T . Calcudar Year 1975 .
. l i
1,
.A.n._VM'cE PPD. " tSI It is agreed that che Advanca Pre:iu:- due the wr: Panics for tha calendar i
yczr de:,ignated above is S 53,550.00 .
- 2. ST!CP.*.*'.L' T?.'M *J:! A!;D P.EFERVE FREMT LO! .
it is l In the shocuce of'n c$nn e in the Advan:c Premium indicated above, **l sy,redd that, subject Lo'the provisions of the Industry' Credit Rating Plan, 1 the Sta:d.ird I'remium cnd Reserve Precium cre: ,-
$ 53,550.00 _ ,.
St.andard Premium Rcscive Frenium ,$ho,023.00 , 1 l
. . 1
~ '
.To fonn a put '
D!:e::ve D.:tu el ,,r pot;;y go,_ W-60 J nu ar,g,,,.,ey 1975 tb Lidonenm.t 1
- I'ains Yankea Ato:ic Fover Ccapany ,
Iv.v:S:2 -. - - December 31, 197h , Data :,f Isu-
- i. .
For th Sh criting Cn.;..nics JO,
, [y[; MUTUAL ATOMIC 1;NERGY LIAt!LI~IY U.NDERWR!T1.25 .
My_
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THE Dut! LAP AGENCY
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x NUCLEAR ENERGY LIABILITY INSURANCE- ! MUTUAL ATOMIC' ENERGY LIABILITY UNDERWRITERS i Amendment of Condition h Endorsement _ l l l
. 1 It is agreed that with respect to bodily injury and property demage ;'
caused after the effective date of this endorsement by the nuclear energy hazard the figure $2h,750,000 stated in Condition h of the-policy is emendad to read $28,125,000. l
' EKective Date of To fonn a pan MF-60 Jsnuary 1, 1975 af Pohey No=
this Endonement Maine Yankee Atc'mic Pcuer Company. Issued to Date of Inu, January 29, 1975 ) -
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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
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.By
. ~CDPY Endonemen: No.
21 Countenigned by Amou:ro Rinummma
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. ~ NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY' UNDERWRITERS .
9 4 l' *
, INCREASE OF L1"IT OF LIABILITY' D.TOESEMENT -
(After Frior Increanu) . . a It is agreed that: J. The Limit of liability stated in Item 4 of the declarations as tecnded by Increase of Liability Endorsecont No.;17. is further enended to read -
$ 28,125,000 .
This amended litit applies ui_th respect to_ obligations assumed or expent.as incurred beer.uce of bcdily injury or property decage caused, during the period from the. offective date of this endorsenent to the date of ,tereination of the policy.. by the nucicar energy hazard. e S e 9 4 4 a 9 e s e 9
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- 2. .
. NUCLEAR ENERGY 1 LIABILITY INSURANCE ,
4 MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
~
~
- 2. The original licit of liability stcted in Item 4 of the declarations,' the limit of liability stated in Increase of Limit of Liability Endorsctent No.17 and the atended licit of liability crated in paragraph 1 abcve'. ,
shall not be cur.ulative, and each payment made by the companics after the . effective date of this endorsement for any loss or expense covered by the policy shall reduce by the amount of ruch payment the-limit of lia-bility originally: stated in Item 4 of the declarations, the caended limit
.of liability str.ted in the increase of Limit of Liability Endorcement . .
No. . 17 and the atended limit of liability stated in paragraph 1 above, rcEardless of t:hich limit of liability applies with respect to the bodily injury or property daenge out of which such loss or expense arises.. -
. ~
EEcetire Date of 2! arch 21, 1975 To forfn t. pen Irr'-60 this Lndorsen:cn* af Pohey No. Issued to Ma ne an ce Momi Power Company March 25, 1975 Date of Is>ur
~
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. For the Suh:ribin: Comp.,nies
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- 1 Enarsein ::t No. Counters cued by *
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NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ~ ATOMIC ENERGY LIABILITY UNDERWRITERS .
- 1. AMENDMENT OF ADVANCE PRD4IUM DIDORSEMENT
- 2. STANDARD PREMIUM AND RESERVE PREMIUM ENDORSEMEIT ,
3 ADDITIONAL PREMIUM DUE ,
- 1. Advance Premium r
It is agreed that the Amended Advance Premium due the companies for the calendar year 1975 1s155,216.80 .
~
- 2. Standard Premium and Reserve Premium Subject to the provisions of the. Industry Credit Rating Plan, it is agreed that the Standard Premium and Reserve Premium for the calendar year designated above are: ,
Standard Premium $55,216.80~ Reserve Premium 8bl,289.77 __, 3 Additional Premium Due $1,666.80 Effective Date of To forin a part this Endorsement January 1, 1975 17-60 af Policy No. Maine Yankee Atomic Power Co. Issued to __, Date of Issu, April 23, 1975 For the Subscribing Companies 60 MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ,
, )
.By -
23 00*f . . l'adorsecut No. Countersign-d by Avruouuo usnmmms
' 7.7 s h
~ NUCLEAR ENERGY LIABILITY . INSURANCE H-*
-MUTUAL ATOMIC' ENERGY LIABILITY UNDERWRITERS-
- 1. l AMENDFEIT OF ADVANCE PRD4IUM ENDORSDENT -
'2. STANDARD PREMIUM AND RESERVE PREMIUM ENDORSEFETT 3 RETURN PREMIUM DUE
- 1. Advance Prenium It is agreed that the Amended Advance Premium due the companies for' the calendcr year' 3975 is ssp.m i.so . .
- 2. Standard Premium and Reserve Premium Subject to the provisions of the-Industry Credit Rating Plan, it is agreed that the Standard Premium and Reserve Premium for the calendar year designated above are:
- Standard Premium $52.231.50 Reserve Premium $39.020.9h
- 3. Return Pre:aium $2.905.30 .
EHective Date of January 1, 1975 To for,m a part this Endonement of Pohey No. MF-60 Inued to Maine Yankee Atomic Power Company Date of Inu, August 6, 1975 9
.,24 '
i For the Subscribing Companies GD -
't. MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS !
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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 1. AMENDMENT. OF ADVANCE PRD!IO! ENDORSDID;T
- 2. STANDARD PRDi!U'l AED RESERVE PRDi10! D;DORSDIENT
- 3. ADDITIOFAL- PED!IOf DUE
- 1. -Advance. Premium . .
It is egreed that the A. rended Adv.a.nce Preniura due tha companics f for the calendar year 1975 tr_$,,52 M _2.77 '
- 2. Stendar:', Tredium c.nd Reserva Premium .
Subject to the pr'ovisicus of the industry Credit Rating Plan, i t it, agreed that the Star.dard Prct:ium and Reserve Premium for
.. the eclen'dar year desigt.ated above are:
Str.ndard I'remiurt$52,442.77 . Reserve Premiura $39,181.51- *
.i . Additiousi Trctalun Du'e_$211.27 Effective Date of January 1, 1975 To fo'.n2 a gr; MF-60 this Endone:r.cnt - of Puhey L.
Maine Yankee Atomic Power Cocpany-Issued to =- March 25,1976 ' Date of Isw -=
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For the Set.cribirg Compn:cs (p C '( m .-! IUTJIAL .4TO.'.IIC ENERGY LIABILITY UNDERWkITT RS 4 .e
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NUCLEAR ENERGY LIABILITY INSURANCE MUT AL ATOMIC ENERGY LIABILITY. UNDERWRITERS . ADVANCE PREMIUM ENDORSEMENT and STANDARD PREMIUM ENDORSEMENT' Calendar Year 1977
- 1. ADVANCE PREMIUM It is agreed that the Advance Premium due the companies for the calendar year designated above is $ 56,475.00 .
2 ,GTANDARD PREMIUM AND RESERVE PREMIUM-In the absence of a change in the Advance Premium indicated above, it is agreed that, subject to the provisions of the. Industry Credit Rating Plan, the Standard Premium and Reserve Premium are: Standard Premium $ 56,475.00 . Reserve Premium $ 42,246.00 . I To form a part Effective Date of January 1, 1977 _of Policy No. MF-60 ; this Endorsement 1 Maine Yankee Atomic Power Company ] Issued to Date of Issue. December 7, 1976 un, is to ctRTiFY THAT 1" S IS ^g-
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3 g7apto uxDER 1Ht3 HUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS y,.s ul '
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-[g"g Endorsement No. 27 Countersigned by +
AUTHORIZED REPRESENTATIVE 4
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MUTUAL ATOMIC ENERGY LIABILITY. UNDERWRITERS ; AMENDMENT OF CONDITION 2 " INSPECTION; SUSPENSION" (FACILITY FORM)
'It is agreed that Condition 2 " INSPECTION; SUSPENSION" is replaced by the following:
- 2. INSPECTION; SUSPENSION. The companies shall at any time be permitted but not obligated to inspect the facility and all operations relating thereto and to examine the insured's books and records as far as they relate to the subject matter of this insurance. Neither the right to make. inspections and examistions nor the making'thereof nor.any advice or report resulting therefrom shall consti-
.tute an undertaking. on behalf of or for the benefit of the insured' or others, to determine or warrant that such facility or operations are safe or healthful,
'or are in compliance with any law, rule or regulation.
If a representative of the companies discovers a. condition which he believes- ; to be' unduly dangerous with respect to the nuclear energy hazard, a' representative of the companies may request that such condition be corrected without delay. In the event of non-compliance with such. request, a representative of the . companies may, by' notice'to the named insured, to any other person or organization . considered by the companies to be responsible for the continuance of such' dangerous. , i condition, and to the United States Nuclear Regulatory Commissi'on,. suspend the insurance with respect to the named insured and such other person or organization
- effective 12:00 midnight of the next business day of such Commission'following the date that such Commission r'eceives such notice. The period of-such suspension #
shall terminate as of the time stated in a written notice from the companies to the named insured'and to each such person or organization that such condition: has been corrected. To fonn a pan EEective Date of January 1, 1977 af Pohey No. MF-60 . this Endonement Maine Yankee Atomic Power Company Imued to > 1 January 24, 1977 De d h i I e wn 1310 C'.2iFV Tpu TM M A "~~* jy 7 t.a.cah1Di . U T For the Subscribing Companies AL! ; cp ;lgnti r, t
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Endorsement No. Aurrourso R nmwnfm
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NUCLEAR ENERGY LIABILITY INSURANCE . MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
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AMENDMENT OF DEFINITION OF " NUCLEAR ENERGY HAZARD" (Indemnified Nuclear Facility) It is agreed that:
- 1. Solely with respect to an " insured' shipment" to which the policy applies as proof of-financial protection required by the Nuclear Regulatory Commission.
subdivision (2) of the definition of " nuclear energy hazard" is amended to read: (2) the nuclear material is in.an insured. shipment which is away from any. other nuclear facility and is in the course of transportation, including handling and temporary storage incidental thereto, within , < (a) the territorial limits of the-United States of America, its .. territories or possessions, Puerto Rico or the Canal Zone; or (b) international waters or airspace provided that the nuclear material is in the course of transportation between two points located within the territorial limits described in-(a),above and there are no deviations in the course of the transportation for the purpose of going to any other country, state or nation, except a deviation in the course of said transportation for the purpose of going to or r returning from a port or place of refuge as the result of an emergency.
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- 2. As used here, " financial protection," has the meaning given it in the Atomic Energy Act of 1954, as amended.
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EHective Date of January 1, 1977 MF-60 af Pobey No. , this Endorsement Maine Yankee Atomic Power Company Issued to Date of Issu, January 24, 1977 iga it ;3 ciwY TET W G ^;Lf-"~* tu cr r, N EWW'" *~ For the Subscribing Companies e,ereaerp.:0t!"Eyfh..ynycY -. . d
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NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS . WAIVER OF DEFENSES ENDORSEMENT
'(Extraordinary Nuclear Occurrence)
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The named insured, acting for himself and every other insured under the policy, and the members of the Mutual Atomic Energy Liability Underwriters agree.as follows:
- 1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the course of the construction, possession, or operation of the facility, or (b) arises cut of or results from or occurs in the course of the transportation of nuclear material to or from the facility, the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of of the insureds, including but not limited to:
(1) negligence, (ii) contributory negligence, (iii) assumption or risk, and (iv) unforeseeable intervening causes, whether involved the conduct of a third person, or an act of God, (2) any issue or defense as to charitable or governmental immunity, and
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(3) 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 bodily injury or property damage and the cause thereof, but in no event more than twenty years after the date of the nuclear incident. The waiver of any such issue or defense shall be effective regardless of whether such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of actt m. ,
- 2. The waivers set forth in paragraph 1. above do not apply to (a) bodily injury or property damage which is intentionally sustained by the claimant or which results f rom a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sustained by any claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear occurrence takes place if benefits therefor are either paycble or required to be provided under any workers' compensation or occupational disease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any state law which provides for damages only punitive in nature, this-exclusion does not apply to the extent that the claimant has sustained actual damages, nearured by the pecuniary injuries resulting from such death but not to exceed tie maximum amount otherwise recoverable under such law.
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f '3 .The waivers set forth in paragraph 1. above shall be effective only with respect k
' to bodily injury or property damage to which the policy applies under its terms other than this endorsement; provided, however that with respect to bodily injury or property damage resulting from an extraordinary nuclear occurrence, Insuring Agreement IV, " Application of Policy," shall not operate to bar coverage for bodily injury or . proper.ty damage (a) which is caused during the policy period by the nuclear energy hazard and (b) which is discovered and for which written claim is made against the insured not later than twenty years after the date of the extraordinary nuclear occurrence. Such waivers shall not apply to, or prejudice the prosecution or defense of any claim or portion of claim which is not within the protection afforded under (a) the provisions of the policy applicable to the financial protection required of the named insured; (b) the agreement of indemnification between the named insured and the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170 e. of the Atomic Energy Act of 1954 as amended.
Such waivers shall not preclude a defense based upon the failure of the claimant to take reasonable steps to mitigate damages.
- 4. Subject to all of the limitations stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall i be judicially enforceable in accordance with their terms against any insured in an ;
action,to recover damages because of bodily injury or property dam' age to which ! the policy applies as proof of financial protection.
- 5. As used herein: " extraordinary nuclear occurrence" means an event which the Nuclear Ret;ulatory Co= mission has determined to be an extraordinary nuclear occurrened '
as defined in the Atomic Energy Act of 1954, as amended. " financial protection" and " nuclear incident" have meanings given them in the Atomic Energy Act of 1954, as amended. " claimant" means the person or organization actually sustaining the bodily injury or property damage and also include his assignees, legal represen-tatives and other persons or organizations entitled to bring an action for damages on account of such injury or damage. , E6ective Date of To fonn a part January 1, 1977 af Policy No. MF-60 this Endorsernent Maine Yankee Atomic Power Company Date of Issu, January 24, 1977 c P F, I?. 70 COTiry isti THG G A c g ccmmT m..E., - For the Subscribing Companies an vn
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Countersigned by %. %- <dL Endonement No.
.Auntourto RznurxTAnvr 7.**
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NUCLEAR ENERGY- LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS AMENDMENT OF CONDITION 4 ENDORSEMENT It is agreed th~tawith respect to bodily injury or property damage caused after.the effective date of this endorsement by the nuclear energy hazard the figure $28,125,000 stated in Condition 4 of the policy is amended to read $31,500,000. i Effective Date of T I 'm a part January 1, 1977 af Policy No. MF-60 this Endorsement M ine Yankee Atomic Power Company b ued 2 Date of issu, February 28, 1977 YHIS 1310 CrFTirY THNT TH:S IS A TR'JC COPY Cr f. a yMENT ::3... .- For the Subscribing Companies MACE TAT.i (i I:'.!.'tr2 EtG[Sr u;Y par':Ty tr , c:"..:P -... b JO ice c- s.; ...'3- O '~ / / MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS
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By W i tip ;e3 r?WsN, C7.ET/Ry g l puluAL ima Ehmy L,auf u.LLR/,;c;TERS , , 31 . Countersigned by
% - ^Nff.Y I Endorsement No.
Atnuomizmo RanessNTAT!Y3
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NUCLEAR ENERGY LIABILITY INSURANCE . MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS INCREASE OF 1.!MIT OF LTiBILITY ENDORSEMENT (Af t es: Pric r It.crbases') It is ar. reed that: .
- 1. . The limit ' of- lia,bility atated in Item 4 of.,the declaratiens as arcadec'.
by Incrchte of I inbi] icy Endorser.cnt Number.,17 and 22-to reed $31,500,000 is further am-nded This amanded li:af t app),ies eith respeer to ob-If gations assuced or. c::panses incurred ' because of bcdily iujury or 1 roperty damage caused, during .the period from the effective date of this endorsenent to the date of termination of. the policy, by the nuclear energy hazard. 2. The original limit of liability stated in Item 4 of the declarations' . the limit of liabnity stated in Increase of L1:r.it of Liability rii:'erscaont Nen'ous 17 and 22 and t h mem3ci 11:11. of licbility stated in para - grrph 1 cbr,ve shall r.ot ba cutulctive, and each psyrent made by the cern-panics nfter tha effective date.of this endorstner.t for any lons or ex-pence covered by the po:1cy shall reduce by the e.nount of au::h psy.ont the the Enendedlimit of Lirbility originally stated in Iten 4 cf the cecleratir.r.s, licit of 11cn11g'gtagd bility Tndorsmant Nunbers d in the increate of LL::.it of Lia-the emended idnit of liOLi)$ty r.:ated ir. p angrarb 1 chove, regardless of 'hich limit of liability applits with respect expense arises. to the bodily injury or propnrty damage out of which such loss or EKective Date of May 1, 1977 this Endorsement To form a part af Policy No. 5 1 Issued to Maine Yankee Atomic Power Company : Date of Issu,
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;,,7; MUTgATOMIC ENERGY LIABILI'IY UNDERWRITERS
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THE .N GENCY 32 . Endorsement No. Counterdgned bygy__u / -- da - i "AGrwontzno Raraassurarrva i 2
t NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS 1. AMENDMENT OF ADVANCE PREMIUM ENDORSEMENT
' 2. '
3 STANDARD PREMIUM - AND RESERVE PREMIUM I ADDITIONAL PREMIUM DUE_ __ 1. Advance Premium ' for the calendar, year .1977. is $58,286.70It'is _ e the companies agreed tha
- 2. ,
St.andard Premium and Reserve Premium Sub,)ect to the provisions of the Industry Credit R is agreed that the Stautdard Premium and Reserve P ating Plan, it ' calendar year designated above are: remium for the
$58,286.70 Standard Premium ,
- 3. Reserve Premium ___ $43,622.89 ~
Additional Premium Due $1,811.70 _ J EHective Date of this Endorsement January 1, 1977 To form a part
- f Policy No= MF-60 luued to _ Maine Yankee Atomic Power Company i
Date of luue_-- U """ I ' _ _
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a u - -* . ;tKT;N TF'.T 'P3 IS A \ 3 r 3 ,;a:: ;* i * -. .3 3- I
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..e-M,U,TUAVATOMIC ENERGY LIABILl'lY UNDERW
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Me N'y; ? ~ . . End:rsement No. .. _.33 \ _ . - . Co.unteragned by *,'"~[ 41Mc 5 i T.'- A UTuonn eo Rsenna.us m vn -
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IMPORTANT NOTICE TO BROKERS AMENDMENT OF, CONDITION 4 ' ADDITIONAL' LIABILITY LIMIT!AVAILABLE The maximum limit of liability.available under MAELU's nuclear energy liability policies has been incre,ased from $28,125,000 to $31,500,000. The attached endorsement reflects this' change only as it effects Condition 4:of the policy (the maximum liability of the MAELU should two or more of its policiesLapply to.the same. incident or common' occurrence).1 s THE ENDORSEMENT DOES NOT INCREASE THE LIMIT OF LIABILITY UNDER AN INDIVIDUAL POLICY. - 2 If.your client desires an increase in policy limit,.this request must be
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made in writing by you.; , It is our understanding that an increase' in(the Nuclear. Regulatory Commission',s financial protection requirement reflecting the availability of this addi-tional' capacity from NELPIA and MAELU wi11'become effective no earlier than March 1, 1977. This is due to the necessity of publishing any,such change in the Federal Register. The exact. effective date of'the change should"be verified with the Nuclear Regulatory Commission. It should be noted, i however, that the limit of liability under policies offered by your cifent(s) as proof of financial protection being maintained WILL NOT BE AUTOMATICALLY' .'
, INCREASED. You should request in writing that the change-be made.
We understand that a similar increase in policy limit (from $96,875,000 > l to $108,500,000) is available for policies written by the Nuclear Energy- l Liability Property Insurance Association. b I b e h b ,% *5 s.,.. r
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NUCLEAR ENERGY' LIABILITY INSURANCE .
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MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS , l '. AMENDMENT OF ADVANCE PREMIUM ENDORSEMENT' 8
- 2. STANDARD PREMIUM AND RESERVE PREMIUM ENDORSEMENT 3 RETURN PREMIUM DUE
- 1. Advance Prettium '
It.is a6 reed that the Amended Advance Premium due the companies ; for the calendar year 1977 is $54.529.31 . 4
- 2. Standard Premium and Reserve Premium -
Subject to the provisions of the Industry Credit Rating Plan, it . l is. agreed that the Standard Premium and Reserve Premium for the , calendar year designated above are: ;
' Standard Premium ' $54,529.31 ;
i Reserve Premium $40,767.28 ) 3 Return Premium $3,757.39 . I i
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Effective Date of January 1, 1977 To for a part HF-60 this Endorsement af Poh,mey No. , Issued to Maine Yankee Atomic' Power Company o tober 21, 1977 i ab
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For the Subscribing Companies
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...~.....A IIHE DUNUsP ACEEY 34 Countersigned by "BykE N A'
' Endorsement No'. -
_Z~^~~?""" Aurwoastso Rarasasurafrys l
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NUCLEAR ENERGY LIABILITY INSURANCE' MUTUAL' ATOMIC ENERGY LIABILITY UNDERWRITERS ADVANCE PREMIUM ENDORSEMENT - and STANDARD PREMIUM ENDORSEMENT Calendar Year 1978
- 1. ADVANCE PREMIUM D It is agreed that the_ Advance Premium due the companies for the calendar year designated above is $ 59,175.00
-2 STANDARD PREMIUM AND RESERVE PREMIUM In the absence.of a change in the Advance Premium indicated above, it is agreed that, subject to the provisions of the Industry Credit Rating Plan, the Standard Premium and Reserve Premium are:
Standard Premium $ 59,175.00 , Reserve Premium $ 44,298.00 , Effective Date of To fonn a part thle Endorsement January 1,1978 of Pohey No MF-60 i l IDaued to Maine Yankee Atomic Power Co. Dg4 pfd - . - January 31, 1978 1;: ; crv 0; tzurt.: TNT t0.. .d.( r .'sr ,;r ;;u'.un tw.y roucy '
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. . - ENERGY LIABILITY UNDERWRITERS I
R:0"la0 t, t000P.',AN, SECI:ETARY eytun ATot.uc t::t::cr uA6My U!iDtnajim 71iE NLLAP *:- CY i Endorsement No. 35 Counternigned by U* " - " " ' " " l ar;,o... .. n,..,,,mr.rm: ,
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