ML20147B693

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Amend 9 to Indemnity Agreement B-34,adding Article 8 Re Payment of Premiums
ML20147B693
Person / Time
Site: Dow Chemical Company
Issue date: 10/05/1978
From: Saltzman J
Office of Nuclear Reactor Regulation
To:
Shared Package
ML20147B688 List:
References
B-4-A-09, B-4-A-9, NUDOCS 7810110101
Download: ML20147B693 (2)


Text

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O 8 4; UNITED STATES 3 e%.'#l d NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555

{ h Docket No. 50-264 AMENDMENT TO INDEMNITY AGPEEMENT NO. B-34 AMENDMENT NO. 9 Effective August 1,1977, Indemnity Agreement No. B-34, between The Dow Chemical Company, and the Atcaic Energy Commission, dated June 9, 1967, as amended, is hereby further amended by adding a new Article VIII to read as follows:

" ARTICLE VIII "1. If the licensee fails to pay assessed deferred premiums, the i Commission reserves the right to pay those premiums on behalf of the licensee and to recover the amount of such premiums a from the licensee.

"2. The Commission shall require the immediate submission of financial statements by those licensees who indicate, after an assessment of the retrospective premium by the insurance pools, that they will not pay the assessment. Such financial statements shall include, as a minimum, exhibits indicating interrally generated funds from operations and accumulated retained earnings. Subsequent submission of financial statements '

i by such licensees may be requested by the Commission, as required.

I "3. If premiums are paid by the Commission as provided in paragraph l 1, payment by the Commission shall create a lien in the amount I paid in favor of the United States upon all property and rights to property, whether real or personal, belonging to l

such licensee. The lien shall arise at the time payment is made by the Commission and shall continue until the liability for the amount (or a judgment against the licensec arising out of such liability) is satisfied or becomes unenforceable. The -

Commission will issue a certificate of release of any such lien if it finds that the liability for the amount has been fully satisfied or has become legally unenforceable.

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"4. If the Commission determines that the licensee is financially able to reimburse the Commission for a deferrec premium payment made in its behalf, and the licensee, after notice of such determination by the Commission fails to make such reimbursement within 120 days, the Commission will take appropriate steps to suspend the license for 30 days. The Commission may take any further action as necessary if reimbursement is not made within the 30-day suspension period including, but not limited to, termination of the operating license."

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION N . . - - -

___ ) fc WN Jerome Saltzman, Chie Antitrust and Indemqi Group Office of Nuclear R6 actor Regulation Accepted september 14 ,1978 y By I (crx.

THE DOW CHEMICAL COMPANY

, Manager Liability Insurance

,