ML18320A239

Indemnity Agreement No. B-41 and Amendments

ML18320A239
Person / Time
Site:	Point Beach, 07001208, 07001276
Issue date:	10/09/1969
From:	US Atomic Energy Commission (AEC)
To:
References
Download: ML18320A239 (68)

Text

-

UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545 Docket No. 50-266 Indemnity Agreement No. B-41 Docket No. 70-1208 This Indemnity Agreement: No. B-41 is entered into by-and between Wisconsin Electric Power Company and Wisconsi~ Michigan Power Company (hereinafter referred to as the "licensee") and the United States Atomic Energy Commission (hereinafter referred. to as the !'Commission") pursuant to *subsection 170c of the Atomic Energy Act of 1954, as amended.(herein-after referred to as "the Act").

ARTICLE I As used in this agreement:

1.

"Nuclear reactor," "byproduct materiaL,11 "person," "source material," and "special *nuclear m~terial" shall have th_e meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission.

2 *.

• Ex~ept where otherwJse specifically provided, "amount of finan-cial protection" ineans the amount specified in Item 2a and. b, of the Attachment annexed hereto, as. modified by paragraph 8, Article II, with respect to common occurrences.

3. (a) "Nuclear incident" means any occurrence, including an extra-ordinary nuclear occurrence, or series of occurrences at the location or in the course of transportation causing bodily injury, sickness, disease, or death, or loss of or damage to property, or loss of use of property, arising out of or resulting from the radioactive, toxic, explosive, or other hazardous properties of the radioactive material.

(b) Any occurrence,*. inc h1d ing ari extraordinary nuclear occurrence, or series of occurrences* causing bodily injury,.sickness, disease, or death,. or loss of or damage to property, o.r loss of use of property, arising out of or resulting from the* radioactive, toxic., explosive, or o*ther hazardous properties of

2 -

i.

The radioactive material discharged or dispersed from

'/

the,location over a period of days, weeks, months or longer, and also arising out of such properties of other material defined as "the radioactive material!! in any other agreement or agreements *entered into by the Commission under subsection 170c or k of the Act and so discharged or d_ispersed from "the location" as defined in any such other agreement, or 1.1. The rad.ioactive material in the course of transportation and 'a,lso arising out of such properties of otµer material defined in any other agreement entered *into' by the Commiss_ion pursuant to subsection 170c or k of the Act as "the radio-active material" and which is in the course of transportation shall be deemed to be a common occurrence.

A common occurrence shall be deemed to constitute a single nuclear incident.

4.

"Extraordinary nuclear occurrence" means an event which the Commis'sioni_' has. determined to be an extraordinary ~uclear occtir-renci{ as' defined in the Atomic Energy Act of 1954, as am~nded *..

5.

"In the course of transportation" means in the course of trans-portation within. the United States, including handling or temporary.

storage incidental thereto, of the radioactive material to the lo,c,a-t'ion, or from the location provided that:

(a) With respect to transportation of the radioactive material:

to the locati9n, such transportation is not by predete~~ination ~o be interrupted by the removal of the material from the transporting conveyance for any purpose other than the cont'inuatiori of such trans-portation to the location or temporary storage incidental thereto; (b) The transportation of the radioactive. material from the loca-tion shall be deemed to end when the radioactive material is removed from the transporting conveyance. for any purpose _other than t_he con-tinuance of transportation or temp.orary storage. incidenta.l thereto; (c) "In the c,ourse of. transportation" as 1,1sed in this agreement shall not include transportation of the radioactive material to the

• .1).:

location if' the material is also II in the course of tr~aportat:ton'.!'

• from a;ay other "location" as defined in uy* other agreement enter~

into by the. Commission pursuant to subsectiOll 170c or k of' the -Act*.;.

6.

"Person indemnified" means *the licensee;and aey other person who ~

be. liable for public liability-.

7.

"Public liability" means any legal liabil'ity arising out. of'. or',*

resulting from a nuclear incident, except (1) :!:laims under Btate *Or -,,,

J'ederal Workmen* s Compensation Acts of employees of persons indemni- ::

fied who are employed (a) at the location or.,

• if the nuclear incident*,

occurs in the course of transportation of the *radioactive material.,

' on the transporting vehicle, and (b) in connection with the licensee's possession, use or transfer of the radioacti v~ material; (2) claims _

arising out of an act of war; and (3) claim~. for los.s of, or damage to., or loss of use of (a) property which is.. located at the location and. used in connection with the licensee' a possession, use,* or trans-*.

fer of t~e radioactive material, and (b) if. tile. nuclear incident * **.-.,:

occurs in the course of transportation of the radioactive material, the transporting vehicle., containers used in* -such transportation.,.

and the radioactive material.

8.

"The location" means the 'location described in Item 4 of the

• Attachment hereto *

. 9.

"The radioactive uterial" means sourc~~:;:special n~clear,. ~

byproduct material which (1) is used or to l)e used in,. or is. ir-.

radiated or to be irradiated by, the nuclear reactor or reactors subJect to the license or licenses desi~ed in the Attachment hereto, or (2) which is produced as the resul~- of operation 0~ said.

reactor(s).

10.

"United States" when used in a geographiqal *sense i~cllUies*all

.Territories &Dd possessions of the United States, the C&Dal'Zone and Puerto Rico.

ARTICLE II *

1.

At all times during the term of the license or* licenses* des:i.g-.

nated in Item 3 of the Attachment hereto, the, licensee will maintain financial. protection in the amount specifie4 in Item 2 of the Attach-ment and in the form of the nuclear energy liability insurance policy B

• designated in the Attachment o If more than one license is designated in Item 3 of' the Attachment., the lice~ee agrees to maintain such financial protection until the end of' the term of that license which will be the last to expireo The licensee shall, notwithste.nding the expiration, termination, modification, amendment, suspension or revo-cation of a.DY license or licenses designated in Item 3 *of the Attach"'

ment, maintain such financial protection in effect until all the radio-active materi&l has been removed from. the location and transportation of the radioactive material from the location has ended ms defined in subparagraph 5(b),.Article I., or until the Commission authorizes the termine.tion or tAe modification of such financial protection. The Coll!D!.:l.ssion w.111 not llilrieasona.bly withhold such authorization.

2.

In the event of aey payment by the insurer or insurers under a policy or policies specified in Item 5 of the Attachment hereto which reduces the aggregate limit of such policy or policies below the amount of financial protection., the licensee will promptly apply to bis insurers for rein.statement of the amount specified in Item 2a of the Attachment (without reference to paragraph b of Item 2) and will ~e all reasonable efforts to obtain such reinstatement. In the event that the licensee has not obtained reinstatement of such amount within ninety da,ys a~er the date of such reduction, and in the absence of good cause shown to the*

contrary, the Commission* ;IIIB.Y issue an order requiring the licensee to furnish financial protection for such amount in another form.

3o ADy obligations of the. licensee under subsection 53e{8) of the Act to indemnify the United States and the Commission from public liability, together with any public liability satisfied by the in-surers under the policy or'poli©ies designated in the Attachment hereto, shall not in the aggregate exceed the 1M1ount of financial protection with respect to any nuclear incident, including the reason~

able costs of investigating and settling claims 'and defending suits for damage.

4.

With respect to e;ny-extraordinary nuclear occurrence to-which this agreement applies, the Commission, and the licensee on behalf of itself and other persons indemnif~ed, insofair as their interests appear., each agree to waive (a) any issue or defense as to the conduct of the claimant or fault of persons indemnified, including., but not limited to B

• (1) negligence; (2) contributory negligence; (3) assumption of the risk; (4) unforeseeable intervening causes, whether involving the conduct of a third person or an act of God.

As used herein, "conduct of the claimant" includes conduct of persons through whom the claimant derives his cause of action; (b) any issue or defense as to charitable or governmental immunity; (c) any issue or defense based on any statute of limitations if suit is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his injury or damage and the cause thereof, but in no event more than ten years a:t'ter 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.

The waivers shall

'be judicially enforceable in accordance with their terms by the claimant against the person indemnified.

5.

The waivers set forth in para.graph 4 of this Article:

{a) shall not prec]ude a defense based upon a failure to take reasonable steps to mitigate damages; (b) shall not apply to injury or damage to a claimant or to a claimant's property.which is intentionally sustained by the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (c) shall not apply to injury to a claimant who is employed at the sHe of and in connection with the activity where the extra-ordinary nuclear occurrence takes place if benefits therefor are either paya~le or required to be provided under any workmen's com-pPnsation or occupational disease law; B

• (d) shall not apply to any claim for punitive,or exemplary damages, provided, with respect to arry 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 recover-able under such law; (e) shall be effectiYe only with respect to those obligations set forth in this agreement; (f) 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 (i) the limit of liability provisions under subsection 170e of the Atomic Energy Act of 1954, as amended; and (2) the terms of this agreement and the terms of the nuclear energy liability insurance policy or policies designated in the attachment hereto.

6.

The obligations of the licensee under this agreement shall apply only with respect to nuclear incidents occurring during the term of this agreement o

7.

Upon the expiration or revocation of any license designated in Item 3 of the Attachment, the Commission will enter into an appropriate amendment of this agreement with the licensee reducing the amount of financial protection required under this Article; provided, that the licensee is then entitled to a reduction in the amount of financial protection under. applicable Commission regulations and order*s.

8.

With respect to any common occurrence:

(a) If the sum of the limit of liability of any Nuclear Energy Liability Insurance Association policy designated in Item 5 of the Attachment and the limits of liability of all other nuclear energy liability insurance policies (facility form) applicable to such common occurrence and issued by Nuclear Energy Liability Insurance Association exceeds $63,SSO,OOO, the amount of financial protection specified in Item 2a and b of the Attachment shall be deemed to be reduced by that proportion of the difference between said sum and

$63,550,000 as the limit of liability of the Nuclear Energy Liability Insurance Association policy designated in Item 5 of the Attachment B

• • beus to the sum of the *limits of llab.ility of all nuclear energy li2bility insure.nee policiee*(facility'. form) applicable to such common occurrence and. issued by Nuclear Energy Liability Insurance

.Association; (b)

If' the sum of the limit o:f liability of' any Mutual Atomic Energy Liability Underwriters policy designated in Item 5 of the Attachment and the limits of liability of all other nuclea.r energy liability insurance policies (facility form) applicable to such common occurrence and issued by Mutual Atomic Energy Li2bility Underwriters exceeds $18,450,000, the amount of financial protection specified in Item. 2a and b of the Attachment shall be deemed to be reduced by that proportion of the difference between said sum and

$18,450,000 as the limit of liability of the Mutual Atomic Energy Li.ability Underwriters policy designated in Item 5 of the Attachment bears to the sum of the limits of liability of all nuclear energy liability insurance policies (facility form) applicable to such common occurrence and issued by Mutual Atomic Energy Liability Uncierwri ters;

{c)

If fiWY of the other applicable agreements is with a person,

i ~ho has f'alrnished financial protection in a form other than a nuclear energy liability insurance policy (facility form) issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters, and if also the sum of the amount of finan-cial protection established under this agreement and the amounts of financial protection established under all other applicable agreements exceeds $82,000,000, the obligations of the licensee shall. not exceed a greater proportion of $82 1000,000 than the amount of financial pro-tection established under this agreement bears to the sum of such amount and the amounts of financial protection established under all other applicable agreements.

(d)

As used in this pe.ragre.ph 8, Article II~ and in Article III, "other applica.bl:e agreements 11 means ea.ch other agreement entered into by the Commission pursuant to subsection 170c of the Act in which ed.

II ii agreement the nuclear incident is defin as &

common occurrence.

As used in this paragraph 8, Article II, 11the obligations of' the licensee" means the obligations of the licensee under subsection 53e(8) of the Act to indemnify the United States and the Commission from public liability 2 together with any public liability satisfied B

/

- 8.

by the insurers under the policy or policies designated in the Attachment, and the reasonable costs of investigating and settling claims and defending suits fdr damage. **

• 9.

The obligations of the licensee under this Article shall not be affected by any failure or default on the part of the Commission or the Government of the United States to fulfill any or all of its obligations under this agreement.

Bankruptcy or insolvency of any person indemnified other than the licensee, or the estate of any person indemnified other than the licensee, shall not relieve the *.

. l,icensee of any of his obligations hereunder.

ARTICLE III

1.

The Commission undertakes and agrees to indemnify and hold harm-less the licensee and other persons indemnified, as their interest may appear, from public liability.

2.

With respect to damage caused by a nuclear incident to property of any person legally liable for the nuclear incident, the Commission agrees to pay to such person those sums which such person would have been obligated to pay if such property had belonged to another; pro-vided, that the obligation of the Commission under this paragraph 2 does not apply with respect to:

{a)

Property which is located at the location described in Item 4 of the Attachment or at the location described in Item 3 *. of the declarations attached to any nuclear energy liability insurance policy designated in Item 5 of the Attachment; *

(b)

Property damage due to the neglect of the p~rson indemnified to use all reasonable*means to save and preserve the property after knowledge of a nuc.lear incident; (c) If the nuclear incident occurs in the course of transportation of the radioactive material, the transporting vehicle and containers used in such transportation; (d)

The radioactive material.

B

3.

The Commission agrees to indemnify and hold harmless the licensee:;

and other persons indemnified ae their interest may appearp from the reasonable costs of investigating, settling and defending claims tor public lis.bili ty.

4. (a)

The obligations of the Commission under this agreement shall apply only with respect to such public liability:; such damage to property of persons legally liable for the nuclear incident (other than such property described in the proviso to p811"agraph 2 of this Article):,, and such reasonable costs described in paragraph 3 of. this.

Article as in the aggregate exceed the amount of financial protection *

. (b)

With respect to a common occurrence:; the obligations of the Commission under this agreement shall apply only with respect to such public liabilityJ such damage to property of persons legally liable for the nuclear incident (other than s~ch property described in the proviso to pare.graph 2 of this Article), and to such reasonable costs described in paragraph 3 of this Article, as in the aggregate exceed whichever of the following is lower:

(1)

The sum of the amounts of financial protection established under this agreement and all other applicable agreements; or (2) $82,000,000.

5.

The obligations of' the Commission under this agreement shall apply only with respect to nuclear incidents occurring during the term of this agreement.

6.

1.'he obligations of the Commission under this and all other.

agreements and contracts to which the Commission is a party shall not,with respect to any nuclear incident:; in the aggregate exceed whichever of the following is the lowest:

(a) $500,000,000; (b) $560,000:,000 less the amount of financial protection required under this agreement; or (c) vith respect to a common occurrence,

$560,000,000 less the sum of the a.mounts of financial protection established under this agreement and all other applicable agreements.

7.

The obligations of the Commission under this agreement,

• except to the licensee for damage to property of the licensee, shall not be affected by any failure on the pa.rt of the licens.ee to fulfill its obligations under this agreement.

Bankruptcy or insolvency of the licensee or any other person indemnified or of the estate of the licensee or any other person indemnified shall not relieve the Commission of any of its obligations hereunder.

B

., 10 -

e ARTICLE IV.

1.

When the Commission determines that the United States will.*

probably be required to make indemnity payments under the provi~ions of this agreement, the Commission shal_l ha.-.-e the right to coliabora.te with the licensee and other persons indemnified in the settlement and defense of any-claim and shall have the right (a) to require the prior approval of' the Commisaion for the aettlement or pizyfllent of any: claim or action asserted agains~ the licensee or other person indemnified f'or public liability or damage to properly of' persons iegall.y liable tor the nuclear ;incident ~hich.claim or action the licensee or the Commission may be required. to indemnify "under this agreement.9. and (b) to appear through the_ Attorney General of', the United St~tes on behalf of the licensee or other* person.. :1.ndenm.ifiedl' take. charge of such action and settle or defend any such action. If the settlement or defense of any-such action or.claim is "WOOertaken by the Commission, the licensee sha.11 :turnish all reasonable assistance in effecting a settlement or asserting a. defense.

_2~

. Neither this agre~ment. nor. a:tJY _interest therein.. no_r claim-there-under :iU.y be:assigned or transferred without the approv~l of t~e Commission o ARi'JtcLE.v*

The! parties ~ee that th~y w:i.li entei- ~to 'appropriate amendments of this agreement to the extent that.* such ameruim.enti's,. are required pursuant to tbe Atoaic Enera.Act -of 1954, as uendedl' or licensee P regu.latioiur or orders o-r the CommissiOElo

• ARTICLE VI The licensee li8:rtees to pay to*the*Commission such fees as are_established~bY the Corimlission pursuant to regulations or orders of th~ Comiii.i'.ssion. *..

ARTICLE VII The term of' this agreement shall commence as of the date and time specified in Item 6 of the Attachment and shall terminate at the time of expiration of that license specified in Item 3 of the:Attachment!I which is the last to expire; provided that, except as may-otherwise be provided in applicable regulations or orders of the Commission!/ the term of this eigreement shall not terminate

\\llltil all the radioactive material has been removed from the location and transportation of the radioactive materisl. from the location has ended as defined in subparagraph 5(b) J> Article I.. Termination of the term of' this*

agreement shall not affect BJJY obligation of the licensee or any obligation of'the Commission under,this agreement with respect to &'ll,Y nuclear incident occurring duriDg the term of this agreement.

B

Item l - Licensee Address 11 -

UNITED STATES ATOMIC ENERGY COMMISSION ATTACHMENT Indemnity Agreement No. B-41 Wisconsin Electric PoiJer Company D.r:..c1 VJtscons in 11:L~higau. Po1:_.;er Cornpany 231 West Michigan Sireet Milwaukee, Wisconsin 53201 Item 2 - Amount: of financial protection

a.

J_, 1

.,00,000

b.

i~-'Li::h respect to any nuc}.(~ar incident, the. a.r.,ount spe:'L..,::..::d i:-1..::t:em 2a of this Attachm2nr. sh~<*.2-be deemed to b2 (i\\ *.:.-e/t,ced t.o the extent that any payrne*.1.t wade by ths insrn:*er.or i.n.:~ *._*e:,:*s :*,nder a policy or polictes specif:i.,2d in It.?.m 5 of this Attac'.1rn,~nt c*educes the aggregate amount of ~uc:.r1 insure.nee policies below the amcunt specified in Item 2a.?.no. (ii) restored to the extent that,, folluw-ing such reduction, che aggregate amount of suth insuran~e ~clicias is reinstated.

Item 3 - License number or numbers SNM**LL'.~:,

I tern 4 - Loca't:Lon The: auxiliary building at the Point Beach Nuclear Power Station in the Town of Two Creeks, Manitowoc County, Wisconsin.

t

. ~

.. 12 Item 5 Insurance Policy No~"(s)

. Nuclear *Energy Liability Policy* (Facility Form) N.o. NF-178

.*. issued by. the Nuclear Energy Liability Insurance As.sociation~.

• Item 6 - The indemnity is a part, *is agreement.designated above, eff~~tive as of 12:01 a.m.,

1969. :.

of which this Attachment *.*,

on the ~\\..-

day of (J-cfc:tl{A,,

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

• I *, *

--. ** If.

• R/ * (!LoL1io~.

( J-C1/i~niV)

\\..,

.** -Lo /Zber R. Price, Director b.~;ivis~on of. State.and Licen§ee Relations For WISCONSIN ELECTRIC POWER COMPANY By For WIS CONS IN MICHIGAN POWER COMPANY By Dated at.Bethesda, Maryland, the

,,.,. ; _,.,,, -:t-l day of. t.9-t::_ -:ZOZtv'-

r I vv

• v: "--

1969.

\\

• I \\

r

~~~~~~*;FF1~~;~:::~~:~:r~.~*~t.-*""

'*,,-,",.. *,~t.,n,Y Co"l_"*,J*'

..,.-,,, i

• • • -,:>':<~}re=-

111~~,_ *.,.\\'.,<*~*; 1*r 0'* ** :',

• • :_ *,.,., ;,,:,*,.::. * * 'r' u"N.ITEo* sTATEs *

• .. /-::.:,/?//'.\\~ 7 ~~<:*:.;.. ):::.. t';:/*:.y :r*.*./: :!*.,;:*Aif'8~\\,8*\\:I\\JER~\\f coM 0M 1s~16~(,,*

.. :?,:-:.:,;***1*1,.c:--.. O~i*~r:J,;:;.',:~.:,*_;,.:~;,::*;:*\\;.t*i,;;t::<~.:-:.. ~,-\\.\\**-.: :.:":.... ::*.. *...-*;* *........ *. :

'* ;, * ~,J: I l' '-7\\0,,,1 ;. :.,,r, *.;~, i ~ * *:,,, /* * '.. *'.; *J' -

".. *,.,.*,,yvAs1-;11,NGTC;>,f':,l,-,p.c. 20545

!.:/.}*.:,~~::;-,iY:.;J{(f:;1J/'.:'\\~~,.. : ;*.-,*\\\\>:.1 *':.'..::.*_..i}:}\\f'}\\:.;; :/,::\\:(\\;:<(;;:~,,-:;.:*..-: ** *

~. ,.,. "~-1\\~~i\\,..,,,,, '" \\' ",

,. l,,,,,,,,-,, '.,*,*,

~,.>'.~~,:,:f: ~->,;.,r\\ ~S:,'~', ~~;\\\\~: * ;~/,,~, '*'.',I: :;'J:,~*-' ~~ *t\\r-~!, *,;*~~/ ~\\.: ::,*~* ~I;,.~)-::*~-~; *--:,, {~*:/~': \\>~:.. i- ',>I./;I. '

,.,.. *,,Docket. N9s* "'50-266,

"'<,'I

~~~()~\\};~:::t "

ii~:,:**:,.*,/:.

~*-t\\*;::;j*i*:-,{,*'

,\\..'

,! ~'l.~ "

~ *:-

{ t~ ~-

~i;-,.* r:;~~:;:*~::,i;,;'.°/*:, t',:, * :.'* );-** :*,,;, ), ::.,.... '.' ;\\.*, AMEND~~NT. TO.INDEMNITY AGREEMENT* NO.

.n~;.,

1i/:!'ti*:~t:::::1tt{~)f 1tf t'. *

..**...*... c*:t,f(::~J;I~f !g.~~~en t *:N:;:r:::;:,06 ~o.b;; e.9',..

. : '*).:\\::'.'.?)'( //. i 96.9}*, be!ft.fe~h *l{isc'oii~1n.. Electr-ic. Power. Company and Wis cons fo.:Mithigar{ '.Pbw~r

', L,),0 10:')*.;'..-/:5*,: -~<:

• ,:'t;.~.,:**t"j,*.*,\\"**,:*::,,'!'

,,,.*,

~,

0 O

,*;*',,**,;,*,:,\\*<,.

.'~

O O

,)*

'~,,

• '~(~

'\\f::,f.!>c->"*'.. :.Comgany,:and\\the\\Atomic Energy'.,'Commission,,,.is hereby amended. as :fa.Hows:.**"' *.

J.'\\;.~:*i ****::;:,\\:;c;:1::::)/::1:,,c1}DiHf?;::ri:.,***,. *.,>-*"_:.'.:.. :,... :,'.':.. **:****:**.**. *..

.:/:;:*::.:\\..,..:-:::.j:'**:

• jf)':*<

Ttert{:2,a,of.)the 'Attachment.to the ihd~mnity agreement is.;del'el::E!d'. 'i~' its

'{<:<:</*,.):'.-. eW(irEi.ty)ihd'.'-t:11tt':follo~irig suhs.i:itutecLtherefor:

. **:-.\\i::~\\~~. /': Amou~{~.. ;;\\ii11ahdi~i'.:*:;fi1:ec tion

,\\~,-

8.;

j

• ':**/;*

• • $* ;i"ooo'**ooo 9, 1969, 4- '::.:",,'!

t

$82,000,000

. (From**:tf 01 a.m.

October

'12:00 midnight OC1 (From 12:01' a.m., ~]GT

} U/;J

)

~

. Ili~ 3 'of the Atta'chment to th~ indemnity agreement entirety and the following _sub.s,tituted therefor:

3_

Lic~nse'. number or* numbers.

is deleted to to'

.\\

inclusive\\

iri its 9, 196_9; 4,* :. :',i}.'

, 'inclusive):*,.:".

• . *~;

).

I

,1.-.l i)!* >~*~*<"*.:*.'.'*,,; ;<*- ~'.) ::\\,,;;: '.'./'.,:~~~*,: ;eal. ~~d:,',,P~i.~~n~(Pr9Pi.i(vlo'ci1ted within tlje\\ ~lan~.(secur'ity

• ,1,};/','

  *:*.::; 'i*, ;t */*',. /; *.1 :.-'./*.P~.~iph~ra1 :*f~1;1_~.(t1;-~.. ~~ th":' _..P,~.:i-nt-Beach ~uclea.r,.P.~flnr): N_os,, *. _. 1,.~.nd,,:2 '.,,:

. J '.\\':-:,;:.;\\:;;-*;,, /,';.... ; t *:* '\\ :<.- ;,',/ {'. ~u ~ f ~*n!.4 * *iii'..,' i;_ed.. ~-~t * :th_e,j lo,t /plan a~ tached µ~ re,t,c(<a.nd,mad'3 a:*.. p~rt. : * '.

,yJ.< ::,,. 1'::.,,',,;,,'~-,\\,{:.'./(,hereo'f-/'.including-' but;'rlot:* li,mited fo the,water.,.intake pump hoti~e- *

!(t;~t'tf I~}ft~]ttlmt6i!jf :~t:~i~~it?i~i~~~:liji;~;~?;:ii'.;f 1tt£h!tf t!~:~~;t*

L :i*.

,.._:,.,,_. om.,:5_ 1910 I~ *,JJ/.

,, *( *

• /,~ ~:... ' ',,,

.,.*.t:.i:~:;:._~..

~ _~:.,;//<~,,, :'.> '*,*.. *:';{: :},'.:, ~*-,.

• , ' ~?::.*_-'. ;-... :,.'*

,'},,.;,,. '.C'.

Item,_:; ofO:the Attachment tb'.'the indemnity;:,agreement; i13 tlf !~i),,U,D'.'s~1ti1!hitn;r~21~:ti~:;~f if 1;::I~~Itf &~ili tY Fotfu~"**~o~(~~,)f

,,-,J *:,.:t.:,,*;c*.,,,"._ **..,;j *.*** issued by1.Mutuah*,Atom1c':,Energy*Liab1lity Underwriters.

~_r_><.~.'.t \\

-,*,, *'°'>:::;~*i,.-..,, J,;*,

.)' ).

'*,:/,

• .~ *._*;

,'FQR,'.THE ~ITED' ~TATES' AT011IC_.*ENERGY COMr-iISSION

~

~; 11 '*.'

L

.I

('.

Eber Ro Price~ Director Division of State and Licensee Relations 1970

.. -** '*. 1-* * *.. '*...... _ *-- -*. *,~.;..

• • -~........ --~ ~,.___,, __..,._.

, * --*-'--*.....:* ""-'-~-*.~..__*---~* *. * **-' * *-------*._ ____,............... _-__,....,.. *v-*1*--**

1.!

IC'"*:

70-1276 UNITED STATES ATOMIC.ENERGY COMMISSION WASHINGTON, D.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO~ B-41 AMENJ >MENT NO, -. 2

.., \\

'r 1 :~

1971 Effective * :rEB - ".

, Indemnity Agreement No. B*-41, dated..

October 9,,1969,.between the Wisconsin Electric_ Power C<1mpany and Wiscon.sin Michigan Power Company and the Atomic Energy r:ommissi.on is' hereby amended' as follows':.

Item 3' of the Attachmeµt to the indemnity agreement is,leleted in.*

. its entirety and the following is. substitut¢d therefor:

Item 3 - License number or numbers SNM-1155 DPR-24 SNM-1236 (From 12:01 a.m., October 9, 1969, to 12:00 midnight, October 4, 1970, inclusive)

(From 12:01 a.rn., October 5, 1970)

(From 12:01 a.m.,

,I.' I

)

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

')

' ~

/C-)1;2:,,_,_.

Eber R. Price, Director

• Division of State and Licensee Relations

.

• Accepted February 2 6

, 1971 i

e UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, D.C. 20545

'~*--

...,..... \\

Docket No. 50-301 AMENDMENT TO INDEMNITY AGREEMENT NO. B-41 AMENDMENT NO. 3 Effective NOV 1 6 1S71

, Indemnity Agreement No. B-41, dated October 9, 1969, between the Wisconsin Electric Power Company and Wisconsin Michigan Power Company and the Atomic Energy Commission is hereby amended as follows:

Item 3 of the Attachment to the indemnity agreement is deleted in its entirety and the following is substituted therefor:

Item 3 - License number or riumbers SNM-1155 (From 12:0la.m., October 9, 1969, to 12:00 midnight, October 4, 1970, inclusive)

DPR-24 (From 12:01 a.m., October 5, 1970)

SNM-1236 (From 12:01 a.m., February 16, 1971, to 12:00 midnight, NOV 1 5 1971 inclusive)

~~ t;

,;,~<"!

DPR-27 (From 12:01 a.m.,

NO,/

", I

)

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

/::r:;ohL-::~::or Division of State and Licensee Relations Accepted ---------, 1971 Accepted

, 1971

Docket Nos. 50-266 50-1276 UNITED STATES ATOMIC ENERGY COMMISSION WASHINGTON, 0.C. 20545 AMENDMENT TO INDEMNITY AGREEMENT NO. B-41 AMENDMENT NO

• 4 Effective December 14, 1971, Indemnity Agreement No. B-41 between Wisconsin Electric Power Company and Wisconsin Michigan Power Companv and the Atomic Energy Conmission, dated October 9, 1969, as amended, is hereby further amended as follows:

Article II is amended by adding the following proviso at the end of subparagraph S(c):

"Provided, however, that with respect to an extraordinary nuclear occurrence occurring at the facility, a claimant who is employed at the facilitv in connection with the construction of a nuclear reactor with respect to which no operating license has been issued by the Atomic Energy Connission shall not be considered as e~loyed in connection with the activity where the extraordinary nuclear occurrence takes place if:

(1) the claimant is employed 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 AEC with respect to the nuclear reactor, and (3) the claimant is not emploved in connection with the possession, storage, use or transfer of nuclear material at the facility."

FOR THE UNITED STATES ATOMIC ENERr.Y COMMISSION

£--.._. __...,...£.-

., --l.-* *....

Lya11 John4'.ln, Director Division of St~te and Licensee Rel~tions Accepted ____ '2:anuar:y 3

--' 1972 Accepted January 3

, 1972 By

~- --

U~JITED STATES ATOMIC ENERGY COMMiSSION WASHINGTON. O.C. 20545 AMENDMENT NO. 5 TO INDEMNITY AGREEMENT NO. B-41 Effective March 1, 1972, Indenmity Agreement No. B-41, between Wisconsin Electric Power Company and Wisconsin Michigan Power Company and the Atomic Energy Commission, dated October 9, 1969, as amended, -is hereby further amended' as follows:

/*

Article II, Paragraph 8(a) is amended by deleting the amount

"$63,550,000" wherever it appears and substituting therefor the amount "$73,625,000."

Article II, Paragraph 8(b) is amended by deleting the amount

"$18,450,000 11 wherever it appears and substituting therefor the amount "$21,375,000."

Article II, Paragraph 8(c) is amended by deleting the amount

"$82,000,000" wherever it appears and substituting therefor the amount "$95,000,000."

Article III, Paragraph 4(b)(2) is amended by deleting the amount "$82,000,000" and substituting therefor the amount

"$95,000,000."

Item 2a*. of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:

Item 2 Amount of financial protection

a.

$ 1,000,000 (From

$82,000,000 (From

$95,000,000 (From 12:01 12:00 12:01 12:00 12:01 a.m., October 9, 1969, to midnight, October 4, 1970, inclusive) a.m., October 5, 1970, to midnight, February 29, 1972, inclusive) a.m., March 1, 1972)

FOR THE UNITED STATES ATOMIC ENERGY COMMISSION

- - -~ /

/' -

---~

i-~

~----

Jerome Saltzman, Chief Indemnity and Expor,i Control Branch Division of State and Licensee Relations Accepted March 6

, 1972 Accepted March 6

, 1972

,.1

Docket Nos. 50-266 and 70-1276 e

e UNITED STATES ATOMIC. ENERGY CQMMlSSiON WASHINGTON. D.C. 2.0545

..AMENDMENT TO TNDfillliITY AGREEHE~IT NO. B-41 I

~ - ~.

AMENDMENT NO. 6

• 1 Effective March 1, 1974, Indemnity Agreement No. B-41, between Wisconsin Electric Power Company and Wisconsin-Michigan Power Company and the Atomic Energy Commission, dated October 9, 1969~

as amended, is hereby further amended as follows:

• The amount,i$95, 000, 000" is deleted wherever it appears and the amount 11 $110,000,000 11 is substituted therefor.

The amount "$73,625,000" is deleted whereve"?:' it appears and the amount "$85,250,000 11 is substituted therefor.

The amount 11$2i, 375, 000 11 is deleted wherever it appears and the amount "$24,750,000" is substituted therefor.

Item 2a of the Attachment to the indemnity agreement is deleted i~ its

~ntirety and the following substituted therefor:

Item 2.Amount of financial protection

a.

$1,000,000 82,000,000 (From 12:01 a.m., October 9, 1969~ to 12:00 midnight, October 4> 1970>

inclusive)

(From 12:01 a.m., October 5,* 1970~ to 12:00*midnight, February 29~ 1972~

i~clusive)

-.*I

• _1

e e

-* 2 -

95,000~000 (From 12:01 a.m. ~ March 1, 1972, to 12:00 midnight, February.28> 1g74~

inclusive) 110,090,000 (From 12:01*a.m. 2 1-!arch 1:- 1974}

F.OR THE UNITED STATES ATOMIC ENERGY CO~IHISSION

'----~?w-,,~-5~~"?

Jerome Saltzma~, Deputy Chief *

.Office of Antitrust & lndenmity Directorate of Licensing Accepted ---'-'S'-e_,,p_t_e;._;;mc;..;.b.;;..e..;...r;c;__.;:;;;l;..;;.O __, l~i7 4 Accepted September 10

• , 1974 POWER COMP Ai.TI

~,

, UNITED STATES.

NUCLEAR REGULATORY COMMISSION Dock~t No. 50-266

.WASHINGTON, D. C. 20555 AMENDMENT TO INDEMNITY AGREEMENT NO. B-41 AMENDMENT NO.. 7 Effective March 21, 1975, Indemnity Agreement No. B-41, between Wisconsin Electr1c Power Company and Wisconsin-Michigan Power Company, and the Atomic Energy Commission, dated October 9*, 1969, as amended, is hereby further amended as follows:

The name "United States Atomic Energy Commission" is deleted wherever it appears and the name "United States Nuclear Regulatory Commission" is substituted therefor.

The amount "$110,000,000" is deleted wherever it appears and the amount "$125,000,000" is substituted therefor.

The amount "$85,250,000" is deleted wherever it appears and the amount "$96,875,000" is substituted therefor.

The amount "$24,750,000" is deleted wherever it appears and the amount "$28,125,000" is substituted therefor.

Item 2a of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:

Item 2-Arnount of financial protection

a.

1,000,000 (From 12:01 a.m., October 9, 1969, to 12 midnight, October 4, 1970, inclusive) 82,000,000 (From 12:01 a.m., October 5, 1970, to 12 midnight, February 29, 1972, inclusive) 95,000,000 (From 12:01 a.m.,

March 1, 1972, to 12 midnight, February 28, 1974, inclusive)

I I

,., f'\\:.*,

e

)

Wisconsin Electnc Powrn coMPANr 231 WEST MICHIGAN, MILWAUKEE, WISCONSIN 53201 Mr. Jerome Saltzman, Deputy Chief Office of Antitrust & Indemnity Nuclear Reactor Regulation United States Nuclear Regulatory Commission Washington, D.C. 20555

Dear Mr. Saltzman:

April' 1, 1975 Enclosed is one signed copy of Amendment No. 7 to Indemnity Agreement No. B-41.

A. WilliamFinke Encl.

Very truly yours,

{/.;J~;z~

Senior Attorney 361£

• .. *",,Gl.;

C

) 110,000,000 (From 12:01 a~m., March 1, 1974, to

• 12 midnight, March 20, 1975, inclusive) 125,000,-000 (From 12:01 a.m., March 21, 1975)

FOR THK. UNITED.. STATES.-NUCLE.l\\.R REGULA.T.ORY COMMISSION

~

./.. /;.~.,,-.~:,.-

~K'~ ~L~,

j

.,,,1,,.,.,:,§'.~...:::--...:::::::::.--7 #'

&_~u _91,.. A1;* *

,a0.:::.-*_,,.

<-<,,.-../

,,.v~.~-,;R...;,,""J

• • vc,i..... >*

/

~~

• i-**

/

/

Jerome Saltzman, Deputy Chief Office of Antitrust & Indemnity Nuclear Reactor/Regulation Accepted March 27

, 1975 WIS Accepted By WISC

• '.***)

IT'.

O'._..~

ELECTRIC POWER COMPANY March 27

, 1975 IN-MICHIGAN POWER COMPANY L.. 1 **.* ~L....;;

Docket No. 50-266 UNITED STATES NUCLEAR REGULATORY COMMI.SSION WASHINGTON, D. C. 20555 AMENDMENT TO INDEMNITY AGREEMENT NO. B-41 AMENDMENT NO. 8 MAY 1 1977 Effective

, Indemnity Agreement No. B-41, between Wisconsin Electric Power Company and Wisconsin-Michigan Power Company, and the Atomic Energy Corrnnission, dated October 9, 1969, as amended, is hereby further amended as follows:

The amount 11$125,000,000 11 is deleted wherever it appears and the amount 11$140,000,000 11 is substituted therefor.

The amount 11$96,875,000 11 is deleted wherever it appears and the amount 11$108,500,000 11 is substituted therefor.

The amount 11$28,125,000 11 is deleted wherever it appears and the amount 11$31,500,000 11 is substituted therefor.

Item 2a of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:

Item 2 - Amount of financial protection

a.

$1,000,000

$82,000,000

$95,000,000

$110,000,000 (From 12:01 a.m., October 9, 1969, to 12 midnight, October 4, 1970, inclusive)

(From 12:01 a.m., October 5, 1970, to 12 midnight, February 29, 1972, inclusive)

(From 12:01 a.m., March 1, 1972, to 12 midnight, February 28, 1974, inclusive)

(From 12:01 a.m., March*l, 1974, to 12 midnight, March 20, 1975, inclusive)

,.,. $125,000,000 (From 12:01 a.m., March 21, 1975, to

~ 2 mid~ i ght' APR 3 O 1977 1nclus1ve)

$140,000,000 (From 12:01 a.m.,

MAY l 1$77 FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION

'\\

~:.=-- --~

-~f.c..r--/C--* ----------~r rr /

Accepted Jerome Saltzman, Chief Antitrust & Indemnity;Group Nuclear Reactor Regulation A ~, :v,L,, 1977 I

Accepted _ __._&+-¥-M__:_ __ )....._\\, __, 1977 I

UNITED.STATES 1

NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555

• Docket No. 50-266 50-301 AMENDMENT TO INDEMNITY AGREEMENT NO. B-41 AMENDMENT NO. 9 Effective January l, 1978, Indemnity Agreement No. B-41, between Wisconsin Electric Power Company and Wisconsin-Michigan Power Company, and the Atomic Energy Commission, dated October 9, 1969, as amended, is hereby further amended as follows:

Wherever the names "Wisconsin Electric Power Company" and "Wisconsin-Michigan Power Company 11 appear in the indemnity agreement, the name "Wisconsin Electric Power Company" shall be: substituted~

I FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION-Jerome Saltzman,. Chi e1

• Anti trust &. Indemnity Group Nuclear Reactor Regul~tion Accepted February 13

~~~

• sy ExEcurrrvE vicE PRESIDENT WISCONSIN ELECTRIC POWER COMPANY Successor by merger to

, 1978

. W_isconsin Michigan-Power Comp~

~~~xxxxxxxxxxxxxxxxxxxxxxxxx~~

e UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket Nos. 50-266 50-301 DUPLICATE ORIGINAL AMENDMENT TO INDEMNITY AGREEMENT NO. B-41 AMENDMENT NO. 10 Effective August 1, 1977, Indemnity Agreement No. B-41, between Wisconsin Electric Power Company, and the Atomic Energy Commission, dated October 9, 1969, as amended, is hereby further amended by adding a new Article VIII to read as follows:

11ARTICLE VIII 111. If the licensee fails to pay assessed deferred premiums, the Commission reserves the right to pay those premiums on behalf of the licensee and to recover the amount of such premiums from the licensee.

112.

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 internally generated funds from operations and accumulated retained earnings.

Subsequent submission.of financial statements by such licensees may be requested by the Commission, as required.

113.

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

The lien shall arise at the time payment is*

made by the -Commission and shall continue unti 1 the 1 iabil ity for the amount (or a judgment against the licensee-arising out*

• of such liability) is satisfied or becomes unenforceable.

The Commission will issue a certificate of release of any such 1 i en if it finds that the 1 i ability for the amount has been fully satisfied or has become legally unenforceable.

• 114.

If the Commission determines that the licensee is financially able to reimburse the Commission for a deferred 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.

11

~HE UNITED STATES NUCLEAR REGULATORY COMMISSION Jerome Saltzman, Chief/~

Antitrust and Indemnyty Group Office of Nuclear Reactor Regulation Accepted October 9,

, 1979 By WISCON[~LE~~ir(~o:JA~MPANY President.

1.-.........~.---/-----

' --~---

\\._--.

• _-*:1 "': ;1 (r~ ia10\\

.i

.J*

I

' i I

j

\\ l

. l l !

i

-1 I

i i

1

• I i I I

I I

I Docket Nbs. 50-266 50"".301 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, o*. C. 20555 AMENDMENT TO INDEMNITY AGREEMENT NO. B-41

-

• AMENDMENT NO. 11 Effective May 1, 1979, Indemnity Agreement No. B-41, between Wisconsin Electric Power Company and the'Atomic Energy Commission, dated October 9, 1969, as amended, is hereby further amended as fo 11 ows:

.The amount 11 $140~ ooo, ooo*~ is deleted wherever it appears and the arrtbunt 11$160,000,000 11 is substituted therefor.

-The amount - II $108,500, 000 II -is deleted wherever it a~pears and the_ amount 11 $124,000,0QQII is substituted therefor..

The amount 11$31,500,000 11 is deleted wherever it appears and the amount 11$36,000,000 11 is substituted therefor.

Item 2a of the Attachment to the indemnity agreement is deleted in its entirety and the following substituted therefor:

Item 2 - Amountof financial protection a.

$1, 000, 000

. $82,000,000

. $95,000,000

$110,000,000 (From 12:01 a.m., October 9, 1969, to 12 midnight, October 4, 1970, inclusive)

- (From 12:Ul a.m., October 5, 1970, to 12 Midnight, February 29, 1972, inclusive)

- (From 12:01 a.m.~ March 1, 1972, to 12 midnight, Februray 28, 1~74, inclusive)

{From 12:01 a.m., March 1, 1974~ to 12 midnight, March 20, 1975, inclusive)

I.

.~-- *~--

_.,( ""-*<. "...

--~--*c-**-** **~-* *_....._ -

__... _**----*-*-'-**..,.. ---**** ~--.~--*~-*-**---***""-,--*~-~*-*-** **----**-----'----* -

I !

i

.i l j I j J l i

\\

I

. i I i l j.,

i l

I I -i

• i -.,

1

• 1

$125;000,000

$140,000,000 *

$160, 000, 000 * *

~2-

.(From 12:0l a.m., March 21, 1975, to 12 midnight, April 30, 1977, inclusive)

(From 12~01 a.m., May 1, 1977, to

• 12 midnight, April 30, 1979, inclusive)

(From 12:01 a.m.) May 1, 1979)

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION

~~~r~e Saltzman~ Chief Antitrust & Indemnity roup Office of Nuclear Rector Regulation Accepted __

?;}_._M

___..,_,.* ~-*+-J __ l'--* __, 1979 L:7 '/.

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

protection.

.F

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 AMENDMENT TO INDEMNITY AGREEMENT NO. B-41 AMENDMENT NO. 12 Effective May 1, 1977, Indemnity Agreement No. B-'41, between Wisconsin Electric Power Company and the Atomic Energy Commission, dated October 9, 1969, as amended, is hereby further amended by modifying the prefatory language of paragraph 5, Article I, to read as follows:

11 In the course of transportation" means in the course of transportation within the United States, or in the course of transportation outside the United States and any other nation, including handling or temporary storage incidental thereto, of the radioactive material to the location or from the location provided that:

FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION A

d October 22 l

ccepte

~. 979 By e -P l1J S,1~

• ,/,,JJ~U"'Y1C WISCONSIN ELECTRIC\\ POWER COMPANY

_ ~~

LU

~

. \\fa~

L,L(_

N~~ Y

1. ~.

fll~f

Docket Nos. 50-266 50-301 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555--0001 AMENDMENT TO INDEMNITY AGREEMENT NO. B-41 AMENDMENT NO. 14 N\\L. 003110 gof>""

Effective August 7, 2000, Indemnity Agreement No. B-41, between Wisconsin Electric Power Company and the Atomic Energy Commission, dated October 9, 1969, as amended, is hereby further amended by adding the following named licensee:

"Nuclear Management Company, LLC" FOR THE UNITED STATES NUCLEAR REGULATORY COMMISSION thia A. Carpe ter, Chief Generic Issues, Environmental, Financial and Rulemaking Branch Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Accepted

!/i 1

,2000 1

By/WJ~-~

Nuclear Management Company, LLC Accepted ____

...... ?

6-""""6.'---*,2000

r r '* 1 ;; a T-*, * * ~ * * '.iQI/D*~

• I =-DD4 Daaket Nos. 50-266 50-301 Ullll&D STATES NUCLEAR REGULATORY COMMISSION WiUIIIN&Tal, D.c *.....,

~~

AMENDMENT TO INDEMNITYAGAEl;MENT NO. Hl

~~

AMENDMBl[T NO-@.

\\':J Effective September 28 2tJf171 lndemni1y 'Agreement Ne,, 1M1, bllW&en w;scon,Jn Elecfrlc Power Company, Nucflar Managament Campany, UC. and the AIOmic Enmgy Commlafon, dated Ootober D, 1969, as amended. is hereby fUrther amended as fallows:

Delete the names -Wiscoolln Secrrla Power Company'" and ~uclear Management Campany' and 1ubstituta Iha name "FPL Ene,gy Paint Basch, LLC."'

FOR THE UNITED STATES NUCLEAR REGULATORY CDM\\tlSSJON

~c~------

Robert D. r.rtson, Ghief Financial, Polley~ ancl Rulernaking Branch Division of PoHcy and Flulemaldng

• Office of Nuclear Reaclor Reguiaiion 0 t TtJP.,-:-fl.

/

-:-~~~~~-,2007 Accap1ed

~c.__~

By: W"ISCOnsin BeCflfc Power Company rgy Point Beach, L

. *~.*.

. ~. \\

• • • .*-*.t,{"'*****-*. --*"*----* - _,;..... -----.~ -. ____ _, *--*** '.... _. __

-,~----~-';.... ~--------*... ******--*..

?~

-~

NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION Certificate No. N-19

-~----

Forming Part of Master Policy No.

CERTIFICATE OF INSURANCE DECLARATIONS AND 1

BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Certificate of Insurance This is to certify that the persons and organizations designated in Item 1 of the Declarations are named insureds under the Master Policy -

. Nuclear Energy Liability Insurance (Secondary Financial Protection),herein called the "Master* Pol icy", issued by Nucl e*ar Energy L iabi 1 ity Insurance Associat_ion.

Such insur:ance as is provided by the Master Policy applies, through this certificate, only:

(a) to the insureds identified in Items 1 and 2 of the Declarations, (b) for the certificate period stated in Item 6 of the Declarations, (c) to bodily injury or property damage (1) _with respect to which the primary financial protection described in Item 4 of the Declarations would apply but for exhaustion of its limit of liability as described in Condition

• 5 of the Master Policy, and*

(2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of or in connection with the nutlear reactor described in Item 3 of the Declarations, and NSFC-1 (1/1/83)

Page 1

• r

• ,' :~ *

. *.:.--:::-:-::-**........ -*.*... *... _..,,; -~-*-------*....... _,.:_.... __ :.. -.,_ *****

,,.... ---- _______ *..... *-*-*****-**-- *-. --- --~-*-**--

.... :._ ----- *- -*** :.,... _ *-*---~-

....... --~-......... -*-*.,.;~:::

(3) which is discovered and for which written claim is made against the insured not later than ten years after the end of the certificate period stated in Item 6 of the Declarations.

However, with respect to bodily injury or property damage caused by an extraordinary nuclear occurrence this subparagraph (3) shall not operate to bar coverage for bodily injury or property damage 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.

Declarations Item 1.

Named insureds and addresses:

Item 2.

Item 3.

(a) Wisconsin Electric Power Company - 231 W. Michigan Street, Milwaukee, Wisconsin 53201

( b)

Additional insureds:

Any other person or organization who would be insured under the primary financial protection identified in Item 4 of the Declarations but for exhaustion of the limit of liability of such primary financial protection.

Description and location of nuclear reactor: Unit 2 of the Point Beach Nuclear Plant located in Manitowoc County, Wisconsin.

Item 4.

(a)

Identification of primary financial protection appl ;*cable to the nuclear reactor and limit(s) of liability thereof:

Nuclear Energy Liability Insurance Association's Policy NF-178

$108,500,000 Mutual Atomic Energy Liability Underwriters' Pol icy MF-53

$ 31,500,000

• Page 2 of Certificate No. N-19

..,-- *-~-=--** *-*_,. ____.... **.... -.

__ ~

... -.-,--.. -.... ~

... -.. ~- **"-*. -*...,-..... -,.. * -----*-*....... *... _..... *.

.,;.... v.* -,.** -"

'C*

Item 5.

Item 6.

Item 7.

Item 8.

(b)

The following endorsemen~s, attached to the primary financial protection policies listed in Item 4 (a) also apply to the insurance afforded by the Master Policy through this certificate.as though they were attached hereto:

(1) Waiver of Defenses Endorsement (Extraordinary Nuclear Occurrence) and (2) Supplementary.Endorsement - Waiver of Defenses Reactor Construction at the Facilfry, (c) The limits of liability provided under the primary financial protection specified in Item 4 (a) above are not shared with any other reactor except as follows:

Unit l of the Point Beach Nuclear Plant.

Limits of Liability:. The amount of retrospecti_ve premium actually received by the compa~ies plus the amount of the companies' con-tingent liability, if any, pursuant to Conditions 2, 3 and 4 of the Master Policy.

Certificate Period: Beginning at 12:01 a.m. on the first day of August, 1977 *' and c;ontinuing to the 'effective date, and time of cancel-I o

\\

lation or termination of the Master Policy or this certificate, whichever first occurs, eastern standard time.*

Maximum retrospective premium (exclusive of allowance for premium taxes) payable pursuant to Condition 2 of the Master Policy with respect to each nuclear incident:

$3,875,000.

Premium payabl~ pursuant to Condition l of the Master Policy for the period from August l, 1977 through December 31 following:

Page 3 of Cert i fi ca te No. N-19

..... _.. ---**- -~-

• • • -* *** _*,.*.,-~_:;*,:.,'.,*v

~_,_..,..

___._,*,L,.,.*~----** <*******-*-

BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Know All Men By These Presents, that the undersigned do hereby acknowledge that they are named insureds under the Master Policy described in the above Certificate of Insurance and Declarations.

The named insureds do hereby cov~nant with and are held and are firmly bound to th~ members of Nuclear Energy Liability Insurance Association subscribing the Master Pol icy (hereinafter called the 11companies 11

) to pay to the companies all retrospective premiums and allowances for premium taxes which shall become due and payable in accordance with the Master Policy, as it may be changed

• from time to time, with interest on such premiums and allowances for taxes to be computed at* the rate provided in the Master Policy from the date pay-m~nt thereof is specified to be due the companies in written notice to the first named insured as provided in Condition 2 of the Ma*ster Policy until paid; And it is hereby expressly agreed that copies of written notices of retro-spective premiums and allowances for premium taxes due and payable or other

~

• evidence of such amounts due and payable sworn to by a duly authorized repr~sentative of the companies shall be prima facie evidence of the fact and extent of the liability of the named insureds for such amounts; And it is further expressly agreed that the named insureds will indemnify the companies against any and all liability, losses and expenses of whatsoever kind or nature (including but not limited to interest, court costs, and counsel fees) which the companies may sustain or incur (1) by reason of the failure of the named insureds to co*mply with the *covenants and provisions of this Bond

\\

and (2) in enforcing any of the covenants or provisions of this Bond, or any provisions of the Master Policy relating to such covenants or provisions; For the purpose of recording this agreement, a photocopy acknowledged before a Notary Public to be a true copy hereof shall be regarded as an original.

Page 4 of Certificate No. N-19

-=.

-~

...... --.-... -::-.. : ~.--- ~-**=****--- -----***-*-**--* ***- : *-* *_. ___. *-*--*- _'..::_,_*_....:...:..:-,---~*-*---*****.* __ :._,_

._..., _______..... -~ _; -**

The preceding Certificate of Insurance, Declarations and Bond form a part of the Master Policy. Cancellation or tennination of the Master Policy or the Certificate of Insurance shall not affect the named insur~d's obligations under the policy or. the Bond to pay the retrospective premiums and allowances for premium taxes, as provided in this Certificate and Condition 2 of the Master Policy.

IN WITNESS WHEREOF, the named insureds have caused this Certificate, these Declarations and this Bond for Payment of* Retrospective Premiums, to be signed and sealed by a duly authorized officer, to be effective August 1, 1977 eastern standard time.

Attest or Witness Named Insureds:

/......

I, I

' '.r \\. ' I I l I

. 'r,

(

~

~

Wisconsin Electric P.ower Companv Y

i,.

- :.:.:.£- -) I (Named Insured - Type. or. Print)*. 1 *

~

By* ~Jf ~~- <:..~:.'..: :_(sE~:,' _>/

(Signature of Officer)

~~R. w Britt, President (Type or Print Name & Title of *Officer)

Date:

July 16, 1982 (Named Insured - Type or Print)

By

• (SEAL)

(Signature of Officer)

(Type or Print Name & Title of Officer)

Date: ------------

(Named Insured -. Type or Print)

By _____________ (SEAL)

(Signature of Officer)

(Type or Print Name & Title of Officer)

Date: ----------

Page 5 of Certificate No.N-19

'*. ~-:*:**,....... *'""':\\'~';.* *.-*~*.-

' :.,* r.-.-

I*

.',l

' )

j

>i r,.,, l,J

,'1

)

1

. ~

• "i

. -~

)

• -.\\

j

. ~1.

• .**1

)

• • 1

j 1--*i

-:::~

• ,_;l J

.J

• • \\

~~i

.:.j

.i

-:~

-=*

IN WITNESS WHEREOF, the companies subscribing the Master Policy have caused the Certificate of Insurance and the Declarations to be signed on th~ir behalf by the President of Nuclear Energy Liability Insurance Association to be effective August 1, 1977 eastern standard time, and countersigned below by a duly authorized representative.

Attest or Witness For the Subscribing Companies of

. NUCLEA, ENERGY LIABILITY INSURANCE ASSOCIATION

.~'<\\cL C. Proom, President Countersigned by (Authoriz~d Representative}

Page ~6 __ of Certificate No. N-19

-. ~' -

.* ""I-~,';** *.

• _.. ___ __ ~

i 1,,

• l

• .1

.*1

• • • f

.J

'I

.. \\

Effective Date of

• Nuclear Energy Llablllty Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-19 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

ANNUAL PREMIUM ENDORSEMENT It is agreed that the_Annual Premiums applicable to the periods designated below are as follows:

For Calendar Year 1978 Effective Date Janua~ 1, 1978 Annual Premium $4,650.00 For Calendar Year 1979 Effective Date Janua~ 1, 1979 Annual -Premium $4,650.00 For Calendar Year 1980 1Effective Date Januacy* 1, 1980 Annual Premium $4,650.00 For Calendar Year 1981 Effective Date Janua~ 1, 1981 Annual Premium $4,650.00 For Calendar Year 1982 Effective Date JanuaF_Y 1~ 1982 Annual Premium $_4~650.Ou

~

1 1-s-a-tr_u_e copy o:f the original This is to certify that d

ent number and bei**e;,;n1e part Endors~1:;ent having th~:nb~::;: Policy (Facility Foru1, as des-of the fin(; lear Energy ia 1 1 dforded hereunder*

ignated hereon. No Insurance s

-8'.~

h L Q

-hi Vice President-Liability

- Jon.

American Nuclear Insurers.

'ting this Endorsement as stated above N-19 To form a part of' Certificate No. ----

12:01 A.M. Standard Time Issued to Wi scans in Electric Power Company Date ot Issue December 15, 1982 Endorsement No

' l Countersigned by __________ _

NE-S-3

• • • -----*****.* -***.. **~-*----- --------.***

.:* ~

.*.. *.... -_,.. -. :-:~

__.__,,*... --**"- --*----* --*** --~----*--------

. *-.. ~-----**** **-*******. -

• -**--._~_,._

• • • .*~-** ***-*._.-.'*--*-**-*--.., --~; _______..,., ______ -- -* ----.~

()

• i

_*. *. ~

Nuclear Energy liability lnau111nce NUCLEAR ENERGY_LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO *. N..:19 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

It is agreed that Item 4.(a) of the Declarations is amended to read as follows:

~tem 4.(a)

Identification of primary financial protection applicable to the nuclear reactor 'and limit(s) of liability thereof:

Nuclear Energy Liability_Insurance Asso<;iation's Policy NF-178

$124,000,000' Mutual Atomic Energy Liability Underwriters' Policy MF-53

$ 36,._000 i-~oqnal true coPY of tne o g

t f

that th1S 1s a arid being made par This is to ~erti i~ the endo:rsement numb(8; oilitY Form) as des-End rsemen't bav

. b hY PoliCY a

o

• ne*.c 7Y L:i.a. 1.i.

d d hereunder.

of the Nuclear J.:, N Insurance is_ affor e J

1gna tad; hereon. o

\\

--8'.

a~~

~_,,.,.h' Vice President-Liability Unde:'!:!ldNH,,

• Johtt L, \\i!_.... v-:1*

Amencan Nuclear insurers Effective Date of

• this Endorsement May 1, 1979 12:01 A.M. Standard Time To form*a part of Certificate No.

Issued to Wi sconsjn El ectri C Power Company Date ~t Issue December 15, 1982 Endorsement No Countersigned bY-----------*

NE-S-2 N-19

...... ~..

.,- -:** *-*---- :-- -**.*.**-~**.

\\

-** ~

.,*.i

'\\

'.i

• . *-- -* "*-*-~***-***.~ ____.,..*... ~--* :..... *...,. '*>,.-.....

'Nuclear Energy Liability lnauranoe NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ANNUAL PREMIUM ENDORSEMENT

/

Calendar Year 1983 ANNUAL_PREMIUM:

It is agreed that the Annual Premium due the companies for the period designated above is: $ 4,650.00

'1'h1e is to certify that this is a.true* copy o:t the original

&*idorsement having the endorsement number and being made part o *,na Nuolear Energy Liability Polio1' U'ao1l1ty Porm) as des-ignated hereon. No Insurance is afforded hereunder.

John ~* Quattrocchi, Vice Preaident*Liability Uoderwritin Amencan Nuclear Insurers st Elfecti~e Date of tn Is E ncorsemen t-=---~~Ji'3a~n~i.uiafriy_H]~.~l ~9~8~3-:;:..::-:------

12:01 A~. Stei.ndard Time Toformapartof Certificate N-19 Wiscaasio E)ectrjc Power Company

___ ;:___~~

lssut:d to Date or ls:sue December 15, 1982 Endorsement No 3

Counter:slonad by _______

- *---.. ~--*-*- *-* **-.-.... ~-** *-*- --. -. -----*...*.

• --.. ~-*

-. ;**.*--r.- ***--*********

• -:-. *~* :** *-***,*,*~-"--*---

\\~

- ~-*,

. -l

. i i

• i

1

• 1

• ~i !

i

-~--****-* *-.. --

~--------- -

NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION Certificate No. N-18 Forming Part of Master Policy No.

CERTIFICATE OF INSURANCE DECLARATIONS AND BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Certificate of Insurance l

This is to certify that the persons and organizations designated in Item l of the Declarations are named insureds under the Master Policy -

Nuclear*Energy Liability Insurance (Secondary Financial Protection),herein called the 11Master Policy 11,issued by Nuclear Energy Liability Insurance Association.

Such insurance as is provided by the Master Policy applies, through this certificate, only:

(a) to the insureds identified in Items l and 2 of the Declarations, (b) for the certificate period state9 in Item 6 of the Declarations, (c) to bodily injury or property damage (1) with respect to which the primary financial protection described in Item 4 of the Declarations would apply but for exhaustion of its limit of liability as described in Condition 6 of the Master Policy, and *.

(2) which is caused during the certificate period stated in Item 6 of the Declarations by a nuclear incident arising out of or* in connection with the nuclear reactor described in Item 3 of the Declarations, and NSFC-1 (1/1 /83)

Pagel

• • r*

-.. -- ----=-----*-*.

J

.j i,i

.j

---

=---------------~---c------=

.. -.,.-C* **==-* =--...::..*-*-*~ **-* ~-.~. --~-,-,-_~_ *... -.. ~

.. ;-CC.,

• • ,c-._.,,-,

___ --c. =--==--=** ~=

.. *~=---=--***-=--c::-=~-,-----:-:~=

... -- -~--~- *---.... ---*~.-,.-;:-:;;.~.....

(3) which is discovered and for which written claim is made against the insured not later than ten years after the end of the certificate period stated in Item 6 of the Declarations.

However, with respect to bodily injury or property damage caused by an extraordinary nuclear occurrence this subparagraph (3) shall not operate to bar coverage for bodily injury or property damage which is discovered and for which written claim is made against the insured not later than twenty years after the-date of the extraor~inary nuclear occurrence.

Declarations Item J.

Named insureds and addresses:

(a) Wisconsin Electric Power Company - 231 W. Michigan S_treet, Milwaukee, Wisconsin 53201 (b)

h.

Item 2. Additional insureds:

Item 3.

Any other person or organization who would be insured under the primary financial protection identified in Item 4 of the Declarations but for exhaustion of the limit of liability of such primary financial protection.

Description and location of nuclear reactor: Unit 1 of the Point Beach Nuclear Plant located in Manitowoc County, Wisconsin.

Item 4.

(a)

Identification of primary financial protection applicable to the nuclear reactor and limit(s) of liability thereof:_

Nuclear Energy Liability Insurance Association's Policy NF-178

$108,500,000 Mutua 1 Atomic Energy Liability Underwriters' Policy MF-53

$ 31,500~000 Page 2 of Certificate No. N-1s

.*. :~*

• ,*]

. ~

• ._:j

• • ._f

.*.* "L

• _-,.~* ** * *. *

-.... ~-.. _, --*-* -~.,......, --*- *~

(b}

The following endorsements, attached to the primary financial protection policies listed in Item 4 (a} also apply to the insurance afforded by the Master Policy through this certificate as though they were attached hereto:

(c)

(1) Waiver of Defenses Endorsement (Extraordinary Nuclear Occurrence) and (2) Supplementary Endorsement - Waiver of Defenses Reactor Construction at the Facility, The limits of liability provided under the primary financial protection specified in Item 4 {a) above are not shared with any other reactor except as follows:

• Unit 2.of the Point Beach Nuclear Plant.

Item. 5.

Limits o~ Liability: The amount of retrospective premium actµally rec~ived by the companies plus the amount of the companies' con-tingent liability, if any, pursuant to Conditions 2, 3 and 4 of the Master Policy.

Item 6.

Certificate Period: Beginning at 12:01 a.m. on the first day of August, 1977:*'. _an~.continuin~ to. the 'effective date. and time of cancel-lation or termination of the Master Policy or this certificate, I

whichever first occurs, eastern standard time.

Item 7.

Maximum retrospective premium (exclusive of allowance for. premium taxes) payable pursuant to Condition 2 of the Master Policy with respect to each nuclear incident:

$3,875,000.

Item 8.

Premium payable pursuant to Condition l of the Master Pol icy for the period from.August 1, 1977

$ i,948.35 through December 31 following:

Page 3 of Certificate No.N-18

• -~---.

,.----~----,-

- _-_.~~~~----------~

.. c-

... _~. =*-*----*--*-

.. ----*-~----- -**------***-****- -- -*---.

.- -~.:.-,.--.---*.'. ~ :*. --.*.*...,;._.

j 1

I i

,.-*.j i-1 I:

• ~-I

!<1

' :f

~

• ~,..

BOND FOR PAYMENT OF RETROSPECTIVE PREMIUMS Know All Men By These Presents, that the undersigned do hereby acknowledge that they are named insureds under the Master Policy described in the above Certificate of Insurance and Declarations.

The named insureds do hereby covenant with and are held and are firmly bound to the members of Nuclear Energy Liability Insurance Association subscribing the Master Policy (hereinafter called the "companies") to pay to the companies all retrospective premiums and allowances for premium taxes which shall become due and payable in accordance with the Master Policy, as it may be changed from time to-time, with interest on such premiums and allowances for taxes to be computed at the rate provided in the Master Policy from the date pay-ment thereof is specified to be due the companies in written notice to the first named insured as provided in Condition 2 of the Master Policy until paid; And it is hereby expressly agreed that copies of written notices of retro-spective premiums and allowances for premium taxes due and payable or other

~

• evidence of suc.h amounts due and payable sworn to by a duly authorized reoresentative of the companies shall be prima f_acie evidence of the fact

• and extent of the liability of the named insureds for such amounts; And it is further expressly agreed that the named insureds will indemnify the companies against any and all liability,.losses and expenses of whatsoever kind or nature (including but not limited to interest, court costs, and counsel fees) which the companies may sustain or incur (1) by reason of the failure of the named insureds to comply with the covenants and provisions of this Bond and (2) in enforcing any of the covenants or provisions of this Bernd, or any provisions of the Master Policy relating to. such* covenants or provisions; For the purpose of recording this agreement, a photocopy acknowledged before a Notary Public to be a true copy hereof shall be regarded as an original.

• Page 4 of Certificate No~ N-18

--- -.--- ***-:-*--.~---*

.£.:..*..*

• l

. -.t

. ~-**:

r' C*

-*- '----*-... --'._. ~-- --*-~----*-- -

The preceding Certificate of Insurance, Declarations and Bond form a part of the Master Pol icy. Cancellation or termination of the Master Pol icy or the Certificate of Insurance shall not affect the named insured's

• obligations under the policy or the Bond to pay the retrospective premiums and allowances for premium taxes, as provided in this Certificate and Condition 2 of the Master Policy.

IN.WITNESS WHEREOF, the named insureds have caused this Certificate, these Declarations and this Bond for Payment of Retrospective Premiums,

'to be signed and sealed by a duly authorized officer, to be effective August 1, 1977 eastern standard time

• Attest or Witness

-* --~.. ~-.... -.--,...... _,, ~-

Named Insureds:

I

~. *,

Wis.cons in Electric Power Company *

).

{Named Insured - Type qr __ PrintY*--.-.-JJ

.,£.. -~

_. Ill\\.';

'*,.,:-.' '. I \\

/ * (

.,/.

By---;f.(*t~,d,.c:zA.-& \\.. * '*,,,... (~~fl.I_). >

(Signature of O~fi cer).

...,,.,.::::: ::::*:.*.*.*:::*:-'-'/

B, W, Britt, ~1,...*a=e=n __ t ______ _

(Type or Print Name & Title of Officer)

Date:

July 16, 1982 (Named Insured - Type or Print)

By _____________ (SEAL}

(Signature of Officer)

(Type or Print Name & Title-of Officer).

Date: ------------

(Named Insured - Type or Print)

By _____________ (SEAL)

(Signature of Officer)

(Type or Print Name & Title of Officer)

Date: ---------

Page 5 of Certificate No.N-18~

-- --- =**.. -- ***.- :*..

• .-~-*--,

.. _:~_*

~ **---*--*-.. _,._. **--

~_-.:.__,.*. :.:.-~-... ___ *,..,_, ______,_ *...

--~-**-**-***'-*--".* *_:_*..... __ *',:*~--*~.. ;_... _..

---..:-~~~***

._,.,**.--*~-

• • 1 j

.I

.'I I

. I I

j

,*1

..., e..

IN WITNESS WHEREOF, the companies subscribing the Master Policy have.

caused the Certificate of Insurance and the Declarations to be signed*

on their behalf by*the President of Nuclear Energy Liability Insurance Association to be effective August 1, 1977 eastern standard time, and countersigned below by a duly authorized representative.

Attest or Witness For the Subscribing Companies of

~ _ $

_ ~

1JlY:UCLU~!TY INSURANCE ASSOCIATION

~

~

Burt C. ProO!Tl, President Countersigned by __,.(...,...A-ut_,h_o_r...,..i z-e-d.,-..,,.R_e_p r_e_s_e_n-ta-t""""'i,_v-e"<"'") __ _

Page ___ 6_ of Certificate No. N-18

~~-

--*-*~ *... **;...:.::~~**-,.:;.~~=---*-*-* -* --

• -.,_,~--..... _

./

.-. ~

c-*

'C*

Nuclear Energy Llablllty lnaunance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO. N-18 Forming Part of Master Policy No. 1 Nuclear Energy Liability Insurance (Secondary Financial Protection)

I ANNUAL PREMIUM ENDORSEMENT It is agreed that the Annual Premiums appficable to the periods designated below are as follows:

For Calendar Year 1978 Effective Date January 1, 1978.

Annual Premium $4*,650.00 For Calendar Year 1979 Effective Date Janua:r:Y 1, 1979 Annual-Premium $4,650.00 For Calendar Year 1980 Effective Date Janua:r:Y 1, 1980 Annual Premium $4,65U.00 For Calendar Year 1981 Effective Date Janua:cy-1 i981 Annual Premium $4, 65U. Oti' For Calendar Year 1982 Effective Date Janua:cy' i~ '1982 Annual Premium $4,65U.Ou This 1s to certify that this is a true copy of the or1ginai Endorsemori"i; ha*11ing the _endorse'.:lent number and being m~,ia pa.rt of the Mu0lear Energy Liability Policy (Facility Form 1 as des-1 1gnated hereon. No Insurance is afforded hereunder.

~-~..

John L. Quattrocchi, Vice President-Liability American Nuclear Insurers

'ting Effective Date of this Endorsement as stated above 12:01 A.M. Standard Time Issued 10 Wisconsin Electric Power Company To form a part of: Certificate No. N-18 Date of Issue December 15, 1982 Endorsement No Countersigned by ________ _

NE-S-3

- -~----.--.... --,--.--.. --~-°':-~

-... ~-

.*.j i

i

.i I

. :~

... ~:

• ~,

Nuclear Energy Llablllly ln,unance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ENDORSEMENT TO CERTIFICATE NO.

N-18 Forming Part of Master Policy No. 1 Nuclear Energy-Liability Insurance (Secondary Financial Protection)

It is agreed that Item 4.(a) of the Declarations* is amended to read as follows:

Item 4.(a)

Identification of primary financial protection applicable to the nuclear reactor and limit{s) of liability ther~of:

. Nuclear Energy Liability Insurance Association's Policy NF-

• 178

• $124,000,000 Mutual Atomic Energy Liability Underwriters'

• TK£J-i<sYtl5fFc-ert;fy that _thin ts a i:rue ~o~9,J¥l!tnQOB.t,1g1na1

'Endorsement having i.:ii~ e,1do.c,rn.:.e,i ~ l!c!.:1iJar and being made part of the Nuclear Ene::_*,:.:y Liaui _,..:.y* t'o~icy (Facility Form) as des-ignated hereon. No Insurance ia a.:fforded hereunder

• l :--8.

John L.~rocchi, Vice President-Liability Underwriting Alnericim Nuclear Insurers Effective Date of this Endorsement May 1, 1979 To form a part of Certificate No. __

N_-_18_

12:01 A.M. Standard Time Issued to Wi scans in Electric Power Company Date of Issue December 15, 1982 2

Endorsement No ---------

Countersigned by ________ _

NE-S-2

• *';r *

.~.

• • .*.,..-,...-.~..

--~~... ~*',..

• .~***

-~-

- *-- --*....... -~---*** -~:.;._. ___ :::: --~--- :..,.... -.. ** ____.::

Nuclur En*nJY Llablllty lnaura_n~

NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ANNUAL PREMIUM ENDORSEMENT Calendar Year 1983 ANNUAL PREMIUM:

It is agre.ed that the Annual Premium due the companies for the period designated above is: $ 4,650.00

'!'ill.~ 18 to oert1fJ tba.t th1S 1S a '&I";.Hi uopy Of the e>r1g1n&l

.Endorsement having the endorsement. number and being made part of the Nuclear Energy Lia.b1l1ty Poliay (Fao1l1ty Porm) as* dee-lJlnated ~n, No Insurance is aH ded hereunder,

~.

John L. Quattrocchi, Vice Prelident-!Jabilit;r Uudlil writiilg American Nuclee.r Jnauren Effective Date of Toformapartof Certificate N-18 tn1s Enaorsement Jan11arij l, 1983 1 2:01 A. * ** St;indard Time lssut:dlo W1scons1n Electric Power Company Date ol lssui, December 15 2 1982 Endorsement No 3

Countersloned by ________

.-.---~... -. ~ -* -------------

"'":'"."C'-*

~~... - --***'-.-~---::,--,.--.----------,~ -*.-

• --**--*. *-*. ;~*-~~.-------.. *... *

• ..:-:..* ~ *.,.. __. ~**-....... -

.,.-...... --*----~---**---

I

• ' i

. 'J

• • • .j

~J ;

. i

• . 7..

-'.1

• J

J I

1.

2.

Effective Date of NUCLEAR ENERGY LIABILITY INSURANCE MUTUAL ATOMIC ENERGY LIABILITY UNDERWRITERS ADVANCE PREMIUM AND STANDARD PREMIUM CALENDAR YEAR 1983

- ENDORSEMENT ADVANCE PREMIUM: It is agreed that the Advance.Premium due the compa.nies for the period designated above i~:

$. 111 826.12 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 Cred_it Rating Plan, the Standard Premium is said Advan.ce Premium and the Reserve Premium* is:

$ 84 312.85 This is to certify that this is a true copy o:f the original Endorsement having the endorsement numb~r and being made part of t?e Nt1clear Energy Liability Policy (~rel:lity Form) as des-ignated hereon. No Insurance is affbrdedli eunder.

. \\"=-- /'C) ~,ei--**,?.:--:-r~-,~-

. ~

V...)..,-vu-

...,,-~_;,.:_w John L. Quattrocchi, Vice Presideut-Liability Underwriting American Nuclear Insurers This Endorsement ____

J_a_n_ua_r_y_1_,_1_9_8_3 ________ _..,.._To form a part of Policy No. __

MF_-_5_3 ___ _

12:01 A.M. Standard Time Issued to __

..,_,W=i=s=c=on=s=-=1.=* na:....::E=l=e=-=c=-=t=r=i=cc...:.P=ow.:.:.e=r=.....;C=o=m=p=a=n:.Ly _____________________ _

Date of Issue _____

D_ec_e_m_b_er_1_5,_19_8_2 _____ _

B General Manager Endorsement No. *---'5'--'7 ________ _

Countersigned by ______________ _

- --*-*-----*. -~-'-***. ***----**--*-*-

~---***-~*'-"V*-'-*--'*...a *- *--*~--- * **.,~~-- * -~ ".* "*. *

• • -*"'...: * *-~*

,~-::-,-

• ~-*-* ----..:==-=-----=--.,c-: **

.l 1 Ii- ~:.....

• j

. J.

I I

• • i

.. -i

-.. ~

.. l

' 'j

..,)

.:i

' i

... *'.j 1

. j

("*,

1.

2.

Effective Date of Nuclear Energy Liability Insurance.

NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION ADVANCE PREMIUM AND STANDARD PREMIUM CALENDAR YEAR 1983 ENDORSEMENT ADVANCE PREMIUM:

It is agreed that the Advance.Premium due the companies for the period designated above is:

STANDARD PREMIUM AND RESi:RVE 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 the Reserve Premium is:

$ 290,410.95 This 16 to certify that this is a true copy of the original Endorsement having the endo:-s9raent ::1.u;uber and being made par~

of the Nuclear Energy Liability Policy (Facility Form) as des-ignate\\*~::n. No Insuranc~~:;ord:71der.

~ ~

e~uuv=~i6,;..

John L. Quattrocchi, Vice President-Liability UnderwriJ'g Am~rt1:an Nuclear fosurers This Endorsement ____

Ja_n_ua_r..;..y_1-'-,_1_9_8_3 __________ To form a part of Policy No,_NEL.1.,L;..;;-::.;1.._.7u..8,_ __ _

12:01 A.M. Standard Time Issued to __

W_i_s_c_o_n_s_i_n_* _E_le_c_t_r_i_* c_P_o_w_e_r_C_om_p=-a_n-'y'-------,-------------------

Date of Issue ___

D_ec_e_m_b_er_l 5...;,_19_8_2 ___ _

B General Manager Endorsement No. ____

6_9 ______ _

Countersigned bY------~------'----

• .. ----- ---* *- -* *~*-*

• -* --- --* **-.-.-. ;,-~*-:-

., '"*".~-.-:-~.* -

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket Nos. 50-266 50-301 Wisconsin Electric Power Company ATTN:

Mr. C. S. McNeer, President

& Chief Executive Officer 231 West Michigan Street Milwaukee, Wisconsin 53201 Gentlemen:

AUG 14 19]'g We are enclosing herewith an amendment to your indemnity agreement reflecting a change in 10 CFR Part 140, "Financial Protection Requirements and Indemnity Agreem~nts.

11 The amendment to Part 140, which was effective on August l, 1977, adds a new 11Article VIII 11 to§ 140.92.

This article establishes procedures that the Commission would utilize to recover retrospective premiums paid by the Government on behalf of defaulting licensees.

We would appreciate your indicating your acceptance of the amendment to your indemnity agreement in the space provided and returning one signed copy to the undersigned.

Enclosure:

Amendment to Indemnity Agreement Sincerely, s/

Jerome Saltzman, Chief Antitrust & Indemnity Group Nuclear Reactor Regulation

ML00317oro5 Nuclear Management Company, LLC Michael D. Wadley Chief Nuclear Officer November 17, 2000 10 CFR 140 Document Control Desk U.S. NUCLEAR REGULATORY COMMiSSION Washington, DC 20555 Ladies and Gentlemen:

DOCKETS 50-263, 50-266, 50-282, 50-301, 50-305, 50-306, 50-331, 72-05, 72-10 AMENDMENT TO INDEMNITY AGREEMENTS By Orders dated May 15, 2000, the Nuclear Regulatory Commission approved the transfer of operating authority under facility operating licenses held by JES Utilities Inc.,

Northern States Power Company, Wisconsin Electric Power Company, and Wisconsin Public Service Corporation to Nuclear Management Company, LLC. Conforming license amendments were issued and made effective on August 7, 2000 which completed the transfer of operating authority.

As required by the provisions of the Price-Anderson Act and the Nuclear Regulatory Commission's regulations at 10 CFR Part 140, indemnity agreements have been amended to add Nuclear Management Company, LLC as a named licensee.

Attached are signed amendments to Indemnity Agreement Nos. B-41, B-42, B-53, B-60, and B-68.

700 First Street

• Hudson, Wisconsin 54016 Telephone: 715.377.3303

• Fax: 715.377.3355

• Toll-Free: 800.701.4941 mdwadley@nmcco.com A-0D I

Page2 Document Control Desk U.S. Nuclear Regulatory commission November 17, 2000 Please contact us should you have questions or require additional information regarding this submittal.

Sincerely,

)?I/, ci~,.JdiJ~

Michael D. Wadley f

Sr. VP & Chief Nuclear Officer Attachments CC:

NRC Regional Administrator NRC Director of Nuclear Reactor Regulation NRC Director of Nuclear Material Safety and Safeguards

N\\L.. 01 J-~ ~o 01 o FPL Energy Point Beach, LLC, 6610 Nuclear Road, Two Rivers, WI 54241 FPL Energy Point Beach Nuclear Plant October 17, 2007 U.S. Nuclear Regulatofy Commission ATTN:* Document Control Desk Washington DC 20555 Point Beach Nuclear Plant Units 1and 2 Dockets 50-266 and 50-301 License Nos. DPR-24 and DPR-27 Point Beach Nuclear Plant Amendment To Indemnity Agreement No. B-41 NRC 2007-0087

Reference:

(1)

NRC to FPLE-Point Beach Letter dated September 28, 2007, License Transfer - Issuance of Conforming Amendments RE:

Transfer of Ownership and Operating Authority (MD4112 and 4113)

~.

Attached is one signed copy of Amendment No. 14 to Indemnity Agreement No. B-41 for Point Beach Nuclear Plant This agreement was requested by the NRC staff via Reference 1.

This letter contains no new commitments and no revisions to existing commitments.

/

Very truly yours, oint Beach, LLC

• o

~~rthy Site Vice President An FPL Group company

..._.. *-,;:~

NUCLEAR ENERGY LIJ\\BILITY INSURJ\\NCE

.. _,_ __._.,....:;, ~*-

MUTUAL ATOMIC ENERGY LIABILITY UNDERWR.IXERS 1..

J\\MEND1EN1' CF NJ.JPN:£ PFJ:MIUM ENOORSEMENI'

2.

3o REIUm PREMIUM IlJE

1. Advance Praniln

. It is agreed that the Arrended

• Advance-Premi:um due the cx:mpanies for the calendar year 1984 is

$107.987,70 2.. Standard P.reni.um and Feserve Premit.m Subject to the provisions of the Industry Credit Rating-Planr it is-ag~ that the Standard P:raniun and ReseJ:Ve Praniun for the calendar year designated ab:Jlre are:

Standard Premium $107,987. 70 P.eser.re Preui.um

$ 81, 395. 65

3. Return Premit.m. $233. 28 Effective Date of

• 'lb f OJ:In a part this Endorsanent __ J_a_n_u_.a __ ry ___

1 *.._.1..,.9 __ 8_..4 ___ _ of Policy No., ___

M

__ F_-..... 5... 3 ______ _

Issued to Wisconsin Electric Power Company Date c! I..::rue Apr i 1 19 1 1985 For the Subscribingcanpanies Coontersigned by -,,,......,-,---.--.-~-----~-

Author 1 zed P~presentutive 66..

Endorserent No. ---.----------

ME-36 This 1s to certify-that this is a true copy of the original i£ndox*seiuent having the endorsement nUJllber and beirig made part_

or the IriJclear Energy Liability Policy (Facility Form) as dee-lgnated hereon. No Insurance ls a.ffor~ed h*ereund_er.

John L. Qu;ittrocchi, Vice Pl'\\lSident-Liability Underwriting

• American Nllcleu-l'lliUl'era

( -~*

.. e*

. I

. I "'I

... _;~ ASS0ClATION

'.(

.r.-

Wal1ver of DeFenses Endors::::rneni*

+

• • 1 _.-

(Ex'i"raordincry Nuc!ecn* Cocu.-r0nce)

... *... (*= I,~ l L1**v f:or. P).

I I

i AC i

,\\,VI I

• 1he. named insl./red, acting for h irnself and evary o~*her insured under i*he poi icy, and the member~ of Nuclear.. Energy Lici~jjii*y Insurance Associ_aHon agr.:;e as follo1,,0s:..

• 1**~ wl1-h respzci".*to any e~*ircordina.:y nucieca* occw.ntrnce to which i1he policy c.pplies

. as pro'of of'finar.o(al pro1*edion ar'1d which (Ol) Arises out of ot results t=rorn or occuf's in rhe course of tflie cCDr.s*;-rudion, posses~ion, 1 or or3,afion. cf the fac'ilB*y, dr I i. *.

I 1

• ~ :

'. I

.,,- 1,'

'JI.

.,bl Aris*es out ot or r0sull-s rrnrr, or occurs :n *.-ne. course of rhe i"ransportat1on of nuclear mater(dl i*o or from *J-he foci!ity, the insureds *and the co~pa.nies GQ re.:: fo, waive I

. 1.,

I

("I) I any issue or defense as (*o.-;-he condud* of frie ciaiman1* or *chJ fol.ill* of i*he infureds~ *..

includi.1[ bJt *not limitedto.:. *.

(i) -negligence, (ii)

• conhibui*ory neg! igenc0, *

. *(iii) assum::ition of risk, and

• (iv) u*nforeseeable ini*l,!i-venir,g causes, whe'i*her involving the conduct

• of a *i*h ird person,- or on ad Jf God, I

'?)

1.~

any issue or defense as *i-o charii*Gb!e or SGlVei*nrnen'l*al immt,Jnity, pnd (3). ~ny issue or defense based on any statute o't: dn~i*fdtions if su.it is ins'l*iljuted \\'Jil'hin

~-hree years frorh the c!a'i*e on which the c!aima:'ri* first knew, or reason9b!y could have kndvm, *.

of his bodily injury or prope,-i"y, damage and the causa :*hereof,, but in 'no event more than ten years after the date of the nuclear incident *

. I I

I

• Tf~e ~aiv~r qf any such issue or defense shi:rd! be effedive regardless of Jhether sJch issue or defense may othervvile be deemed jurisdic*rion<tJ! or relating to cm element in the cayse of ac*i"ion *..

2.. Th": waiv~rs set forth in par~_graph 1. ab6ve do no'i* apply to (c.{~~di!y inj~~y ~~- property damage which is int~ntion~lly sustdi~ed by the claimanf **

or which results from d nu~!Elar incl dent intentionally and wrongfully caused by the claimant;

\\*

I (b)

Bodily i 1~j~ry sustaineci'byany claimanf who is em~loyed at th.e site of qnd in *

'* h **h -~h r

• l

. co.nr;-,ecr10. wir

.* e acbv1ty whe1*e rne 1e)dtaorarnary nuc!ea1j occurreno:e takes place if.

. _ benefi.-:-s therefol-are either pa.y-:ib!e or r0quired l*o be p:-ovided under any workmen's com_-

. ~iisadon or occupational disease law;

• .;1..

(over) *

~~L*

• :.: *.'* '.~

1 (.1t1:.-: 1,Ai:i:fL,.

1.)".'

• - -*--sc.*_*_:'Cl~~~

-~*-

.-~. --*--*-(~~~----*--:.!....~. -.*., __ *---*--

. ~

i'

). '

. ~ e:*..

-..,~.

> -~*,::',;~>?.,'. -.

_,,.;(J, w:.:.,.;_,,'

'f0r'.Wrongflji cle0)-11 Un~l3rOhy ~:itCti',J lJW *,,;.;.:,.,, j-'*V\\'.\\.:..... ~ \\o,* damages only pur1i,<V-.:; l:"1 nO't'U'i"(::~.

, rhis"exc(usion d.oes hoi* apply t~ the exi*ent that *;*he claimant hcis susl*ained aci*ual damages,.

'measured by}he pecupiary*injudes resul~*ir.g from su~h dee.th* but not to exceed the maximum

• • • arnou'ni otherwise recov~rab!e under such iaw.

>. 3~<Th/vV~ivers set forth in paragraph 1. above shall be effeci*ive'only wirn resped to bocliiY injury or propei-ry damage_ to which the policy ap:olies unde,r its l*errns other i*han this.endorsemenL

,. !:*,,,.: \\J:,

I I

', *.*',, Such ;a'Yvei~s shed! ~;r*apply.h::i, or prei~dke the p~osec.ution or defensJ\\;f any

.clai~ 6'r pc,rtibn of cl.aim which is hot with in tr.e pro'i"ec"i"ion afforded under (1). The provision~ ~f the policy applicable **,*o the financia I protection reguired of fhe*named insu'i*ed,

. ~-.

Th~ agreement of.ind0r;nificai*1on be*;*ween the named insured and the Atomic En~rgy Commission made pubucmt to section 170 of *rhe Atomic Energy Ac:i* of

. 1954, as amended,.*and

• . (3) The lim-it of liabi!ii-y provisions of subsedion 170 e. of the Atomic Energy Act*

of 1954, as amended.

• . Such waive~s shaUnot preclude a defense based upon rhe failure of i"h~ claim.ant to take reasonable.

'steps to mi ti gcite damages.

4., Subject to.all of the limitations srate'd in :-his endorsement and in the Atomic Energy Act of 1954, as amendEld, the waivers sei* foith.-.in rxiragraph 1. cbove shall be judicially enforceable in accordance wi'i*h their tem,s against any insui:ed in an action. to recover damages because of

• bodily injury or' property damage to which the policy applies as proof of financial* protS<?tion.

11 Extraordinary nucle~r 6ccurrenc; 11 means* an event which the -Atomic Energy Commis~ion has de.-**

teimined to be an extraordindry nuclear occurrence as defined in *the Aromic Energy Act or 1954, as.

.

• 1.amended.

>:'~: \\'s 11 Financial pro*tec'fioh 11 arid 11*11uclear incident 11 have the meanings given them in the Atomic Energy

• Act of 1954, as ame(lded.

.':',>clai~ant 11 rnean~ th~ pei-son:or organizati~n actually susi-aining the bodily injury DI'. property d~mage

• .. *.* and ~lso in~ludes his assignees~ legal representatives and other persons or organizations entitled to

!,<,: *.. bri~g,an ~ction': for damages on ~ccount of such iniury or damage.

..._*_.;_,A_u.....:a:.g_ti_s __ t~* _1_2..,,,_._1_9_6_9 ________ To for~ ~- P~!J: of Policy No.;.* _.;.. ____ __;;NF;.;;;;...-.;.1~7'-8;;;_...,...-_.;.,

. 12~01 A.M. Standard Time *

.. Crssuedto *.

lectric Power Co.,and Wisconsin Michi an Power Co.

• t:)if ish,ri d:::::tt~:t'.\\:~: Eritr~ement wb.4.

'~o, ~i s,bxru,ng Co~pacl<,.

• '~'.'thJ. origino.:f':°En,t~t~sem~nt', N(');

.,._gad,tll. :t)fi.l".t, qf.

I '.':-~::*Po'iioy :(F~o.ii+:tY.Jre>rli} If/:*NF~ (?f-

.* -Mo

. t~~~i~i'.;~t;t.~~,'~~-;:;1,:*** *.* ~~H~~::~:~~~;\\r~g~1~00~¥~~J ~* *.*

. *1::

AMENDMEN'f OF tRANSPORT/1,TiON ~OVERAGE.*

( lndem.-ilfled Nuclear r.:acHH-y l

' It is agreed 0

that the definition of.' 1insu;e,d ship~enc, in. Insuriri~ Agreement HI is amended to read:..

, I r,i11;11red, ship111~1i}!! ~eans a ;hipment 0

bf so~rce materia.l, speci~J, ~uclear ~atedal, speni"lud or waste, herein called "material," ( l) to the f.j,cifi,;1' *

£~om a~y location except an indemnified h~clear :fadl1ty1 b~t only if the transp~rtation of the material is not bi preje;er~inati_on to be i~te~riiptecl by I removfl of the material. f !Offi a h~nsporting COn~eyance for any purpose other than the.. ;ontimiatron of its tr:mspOrta\\1bn, tit. ( 2). f~Offi. me*,.,*

t~cilitr fa any oth~t location; but 0~1y unti1 the material is-re~1oved fron~ a transporting I bnveyance £a~ any purpose other than th'e,tir'iti~uation.

of its transportation/.:*

I 1

• • • • • /

ThiJs' is to cBrtifY-that *tiii\\-, t.:r,dor*s.s~i:mt 1~).~~-~---*~:L~ a true copy* of

• t.

• • *

• 1 o.-*i *=

• +,.; *

• 0*-

.. ;,..,~,. *,**--1*+

~- 1 ' v-1-~1-:--r 1c,.;.,,,,r,,.y L. l'abilit*li he *origina

.c.u:..,n.:oulilen" *'h!. --****-*-:::--.. ¥>!.-.;~;.~, °'" e'"'. " 1..*J..h ~'-<:>"'

Jlll,, ** u o.,

J PoJ.i.cy,*(Facility-Form) No. Nf~:_{_2g_* __ ( llio iY,:-:irance i:S, afforded 'hereunde~ *..*

~.

d'

~1:~f;~°J;i,\\.~~~ ! :

o karrone, Gerterai Manager.

Ene~~y Liabi~ity Irii.As~o~;

Eh~~i:Edvde Date of

.*._,'August -12', L969

• r*. f J '

. f*. p 1**. N NF*:-178 t is.* n orsen1en~-,-"-~-~-----,--...... --'------------' o o_rm a part o. o icy 0,---,-------,----..... -~~--.

W;i.,*scon 1siri.Electric: Power Co.; and Wisc

__ o_.nsin.. M:i.chigan Power*c"c;.*

to,' __.;_ _ _.. ___ '-'--------'----------------"'-"-'-------'----~'--'----'----'---"-'----

- August-.14,\\ ?-969.*

. I.

Pot the Subscribing Companies.

,,,1

!.,11i~1 I -

• 1.,

I I.**

. I -.

flilll.endment of Condition l; En~o:rsement

. It is agreed that ~itH respect to bo6ilj injury or property damage.~atis~B afier the'effective daf~.of this endorsement by the nuclear energy.hazard*

~the £igur~ ~~6~500,000 sttaUed in Condition q 6i.the policy is h~ended *tb read $63,550,000.

. I.

"-1.

• I This is 't,,;:,* G.e':irt:iify that t!:li:] £:n(~~J:':.:".E::.:,E,>:-,t :*io.~./ __ jtJ a truo copy or.

. the oz:lgi:::w.]. Eh~~,r--s-mueit !fo -~-i!..::.J2,e a.: ptst tif N~wlea.r Energy Liability. _.-.

. 'Policy (~.jilJit:.yr Ii'o,rm,}i cio. NF-J. * *

, No. i:r.;!;urance is afforded hereunder 0.

~

I e~h Marrdne, GenerJi Manager

~ff~>ctivc D:tc of.

Nu' iear Energr Lieb. !ns. As s~c.

• *this.Endom:mcnc...t __

._A_u_,g"-u_s_t_*-_1_2...:;,:.-*_1_9.,__6_9_* ________ --,-., *rd_fozm a p::r, of Policy No'.

NF 178 12:0l A.M. Smnda~*d Time Wisconsiri Electric Power Co,, ~nd Wi~cqnsin Michigan Power Co.

• :issued to.o ___...:.:...:::..:::.:::..:::.,::::~.:....;:::..:..::.:.:::..=.::;::::_:....::.:.:.::;.::..-=..::...:.2.--..::..:.:;:..~==.::..::!c..::..::.::.:....::..:..::..::..:;:=.5_~

1 =.....::.~~=--=....::._-----:---'---~

\\

Augtis1t: 14., -*1969 i

• Date of. Issue _ __:_~......J.

~._! ---

_ *, * 'Eor cl-:.: sub:;cribing com panic:.

-_'.,;'4 I

• .I*.

Endorsement No,....;_...:.*---',4..;._* '----L-----

'.:.-:< :*.,, : ::

• N-i?-J 1*A**. t.'J.fi°l/69).

_.,,,,..,.1,1/!f.:*,,,.1;\\I\\.,

,.. 0 ** __ ~:.*. *-. 'r."

",*.1*i'l-i11,*,ll,. *. * ** * :

By 13*

. \\t~_i"0.:'2~,!, ~

(JAM~

• (fc"i{c:ral Manas.::r

-countcr~irmcd-bv, *

r:>~49*,,**1

.,*'Ji~ *'. **-\\:

~

• I:.,;,,* :,,\\.j,'

I, e

It is agreed that Contlition 1 oi the policy is* repfaced by the. following:

• . CONDI'rlON 1, PREMIUM (1)

I?efinitions: With reference to dxt premium for this policy:

(2)'

'"advance premium'\\ for 'ar:.y calen.clar

• year, is tI:e estimated standard. premium fo: that calendar year; "standard premium", ror any c2.k:r:.ca: yenr, i.s the ;reI,i.ium for that c2.*!e:o.da1 year corr.puted

--it, accdrdanc~ with the *companies' reles, nr~es, rating pla:'.1s ( other than the :fndustry Ci:edit

. Rating Plan), premiums ~d min.imurr1. prtm.iurc.s applic2.0le to this ir1s1:r2nce; "reserve premium" mea:c.s that *,:,o:tt:0:1 oi the sta,;da,d premiz;.m Dai.d to the companir;:s and SD,,c1*,;c"*u 1*y ailoca*L**ed,,.-..... 1~~.q,,~,.., ;,,*;,***-:r........,,,11*t n.,.;., *. n, ".;~~ ;r. M,r*,.,,a' 1~,,....,s,...1,1-.Q *mo"'**t oi-l: i....,

.1..1 c..

• 0Y.J...l<,..;.C.l..

"-.... i..... ;:.L,.\\.!.wvt.!..) \\...J,.:,,....,.....

.!.'-i...l.:.!.1.S.!. l.:4.* !

.i..Vl.

"'.L. u, v

.;.vv...,..,

• J.....,

.:.1.

-...u.

• the "reserve premiuni fc"E this policy for any c,!Jendar year duJ.in§ ~Nhich this policy is in force is the, amoune designated. as. such in frle Star,dard Premium E:idorsement for that calendat

~~

"industry reservh premium", for a::,y cale:-,cla::: yeo.r, is the sl!lm of the reserve premiums'fdr 'that calendar year for all N.:clear Er,ergy Liabifay Po:icies issued by Nuclear Energy bability Insurance Association and Mutual Atomic Energy Liability Wnderwriters a:y.d subject td the fodustq Credit Rating PL:m;

."policy refund ratio", fo:r any calendar yc:ar, is th.': ratio of the named insured's reserve pre'-'.

. mium fo::: that calendar year to foe ini.!.ustrJ reserve pre'r1iium for that calendar year;.

"incurred losses means the sum of:

(1).all losses aad expenses pa~dl by Nuciear

• E~:ergy Liabilitv fos~a.nce Association and Mu..

tual AtomiJ: Ene:.:-g,y Liabiilty Underwriters, and (2) all reserves for u:c.paid lesses and expenses as e~tin:1Ued by N:.::.clcar Energy Liabµi~J In-

. surancc Association.and* Mutual Atomic Energy Liability Underwriters

.. 1,

~

because df-obligati:ons a.ssumed and the expe:-ises incDrred b conhection. viith such oblit~tions

, by mernbers of Nuclear Energy Liability Insura:1ce Association and Mutual Atomic Energy Liability Underwriters undet all Nuclear Bncrf,,y Liability l".)olicies issued by Nuclear Emergy

• Liability* Insurance Association ~d Mutual A,omic Energy Liability Underwriters and sub-ject to the Industry Credit. Rati:!g Plan; "re.serve for refunds", at the end of any calendar year, is the amount by which (1) the sum*

of all industry reserve premiwn.s for the p:uiod :fro:w January 1, 1957 through the end of such calendar year exceeds (2) the total for the same per:od oi (a) all incurred losses, valued as of tI1e next following July 1, and (b) all reserve premium iefimds made under the Indusiry Credit Rating Plan by members of Nuclear Energy Liability Insurance Association and Mutual*

Atomic Energy Liability Underwriters; "industry reserve premium refund", for any calendar yea~, is determined by multiplying nhe reserve for refunds at the_ end of the ninth caiendar year thereafter by the ratio of the ind Us-'*

try, reserve premium for th~ talendar year for which the premium refund is being* determined to* the sum of. such amount ahd the total industry reserve premiums for the next nilne calendat.

years there~fter, provided that the industry reserve premium refund for aay ca c:ndar year

• shall in no. event be greater than* tbe

• industry reservl? premium for such calendar year,,

Paym'ent of Advance and Standa,d Premiums ~fhe named insured shall pay the companies the

. advance prent;um stated in the declarations, for the period from the effective date of this policy

. through December 31 following. Thereaficr, at the beginning of each calendar year while t1'Js policy is in force, the named.insured shall pay the advance premium for such year to the.

companies: The adv'a,nce premium for each calendar year shall be stated in the Advance Pre-

.* mium. En.dorsement for such calendar year issued to the named insured as soon as practicable

• prior to br after the beginning of such year, No!,17 PAlilCI I i*

)'t-'tJ/119..... '

.t.

• , 1.*

I

• I.I~ ~l.,J;I\\,..

,i l~i

• • -!.:Jo. *..

f.*,'

• .*,i',.

,J.:*.**

e As soon as* practicable after each Dec~nicer 31 and aiter the terrrjnation of this policy,* the i *,,,*

/ d

• l' i.!

fi d

• d

' ' d

. f anaar premium :i:O~ L1e ~ precedl;:-,g c~,eno_2.r year s~1a.* 1 ue

~1~1.y etermme anel, scace

... m the Standard *Premmm bndorsement ror that calendar year. Xt the standard prermum so de_termined exceeds foe advance premi:::n p:evio..:sly pcid for sudh calendar year, the :namttl insured shall pay the excess to the companies; if less; the cor.npanies shall return to the named insured the excess. port.ion paid by s.uch insured, the n:amed :i~~ured !sha.U mai~tain records of the information ne~essary for premiti~ ~ort1puta" *.*

tion and shaI1 send eel.pies of such records to foe companies as directed; at the end of. each cal-'.

, '.endar year, at the. end of ti.'lc policy period ar~d at such other times during the policy period *.

,I as the coµ1pany may direct..

.... 1**

(3).**

• Use of f<eserve; Premiums

• All reserve prerniv.ms pa.Id o: pay ab!e for t."1.is policy may b_e * *

• *:-*:**used by"the.. :.:neinbers-o:i: Nudear E.1erg</ ILiabEity bsurance Associati6n to discharge their -

--- obligations with respect, to inci:rred' losses whe::her such losses ar.e fr.curred under this* policy..

or under an~ other policy issu~d by; Nucle::r Energy Liability Insurance Association or Mutual*

Atomic* Energy Liability Undei-writ~rs.

.* e.) Reser~e Premiuin_, Refunds A po~tion er the reserve premium fot this* policy for the first cal~*. :.

. X,l...

• e.i.dar. year of. any grnub of te1;. co;::isecutive ca1cndar years sh ail be returnable to the named ill"'. *

. &Ured pr,OVi~ed, therds a reS;TVe jor refundL\\' 2.( the el!d Of the tenth Calendar year,

,; ::).,....

1'

..* ;,,.: t.l"..;::,.I

~

(5)° Computatio,; of Reserve ?remiwr:. l?:eiu~ds The reserve premiutn refund due the nacir:insured

. for, any calendat,ye'ar shali be determined by multipiying any industry reserve prernitim *refund

/*

• j" I

.:?i

'I 1

• 'for such caler1car. year by fr,e policy refund mtip for such calendar year::.The resei'.ve pre-*,.

. mium refund for any caiendar.year shall be iinally determined as soon as practicable after July 1 of the tenth calendar year iliereaf:e::..

• 1.*

. ** 1

( 6) : 'Filial Pte~ium The. final pre;11.ium for this _p;olicy shall be the sum of the standard pre~iums (7)

. for eat:h calendar year, or portion thereof, d'.lring which this policy remains in force* kss the* su.ni. of all refunds of reserve premiumi:1 d:.ie *~;*;e ilar.ied insured under the provisions of.

this Condition 1,

. Reserve Premiwn Ref 1ind Agre;1r2ent Each memo er of Nuclear.l:mert;'; Liability Insurance Associat;on suoscribing this *policy 'for any calendar year, or portion thereof, the):'e1~y \\agrees

• for. itself; severally and not joiiitly, and in tI1e respective proportion of its liability)issumed,

• under t:."iis policy for that calendar. year, to. return to the named insured that portion:. 6£ any

• reser~e premium refund due the.named insured for thaJ calendar yeari determined ih accot~* '

ance. ~th the provisions of this Condition 1.

This is**t~

cert.ify,th.it tJ;*, 3,;,,~, -

..::3 the origi l *L'J-...l

>;-:l_.,,r:_..*~::-,ce:::,:;t };,-.

na..* ~<Grsi)~*~-nt.*r.;(~.. /.::7./ *,..,.. -,

""*------... :i.t a true copy of.

',.*i,

Policy {F'ac:U.tt.r F'orm) No N~zJ~-*._.. :. 1::.. r*t D.f..!foclear E.nsrgy Liabili t~-

• NQ l.ll!Si..rwce.

.-r

//;;

" *.1s a.t'forded hereunde.rJ'.'

. Effective Date.of o_ 1

. f~.!::-.;0..---:t...~--:h.-...~Joseph Marr~ne, Gene~at'Mg:lt'.

• this

• Endorsement August.12 ~ 19 6 9 Tu. rorm a part or Policy No, i>TF'. 1 7.8 12:01 A.M. Standai Ti1, Is.s~ed.'to

• . '. ~i~~~~-~~.1?-..:~.~~-~~ric.Power.~o.; and. Wisconsin Michigan Po~,w_*e_r_C_o_: ________ ~----

.* *.,'.::i*'

. **Dat~ ~£ :I~~ud,.'::Aug~s t::: 14,~ *, 196 9_: -.. ',

• • o, * *';'***-'"-:*... ** -'~-** *-- ** M,~.

0 0 *,** ********.....,*

For the. subscribing

'-/*'.

• • }3y. ::::::r-J~~*

General Mana

'.. 1

. *countersigned by I*

,, '. \\.*:i*.:*\\.;~--~~,~~- ~~\\~~.. 2 ;:..* ::.:,.* ~ *. :,.. i... :':~l.\\\\';... *.:.~~-*.:~.. *,~:.:.. :<*~~*,.. **:..

., I

- :1 :.,.

• ',\\

.) :

1

-...-~;J:.. \\:ihiJ~;i:J.~>, : *.,:.~:. '.:,:.... ; ~~X~\\1/i;ri; 1.>,:

(..

>,I....,... l...io. _,........

~,,:.,

.,,\\;,'ii.....,.

It is agreed that:

AMENDA'i'ORY ENDORSEi\\lfiENT (F~tility Fm*ln) e

'. L The first sentence of the definition of nuclear facility is amended to 1

• read:

• "nuclear facility" means "the facility" as defined in any Nuclea1; Energy Liability Policy* (Facility Fonn) issued by Nuclear Energ;y Liability Insurance Association 01* by Mutual Atomic Energy Liability Underwriters.

n. The definition of "h:..demnif.ed nuclea:r: facility* is 1*epla.ced by the

• foilowing:

"indemnified nuclear facility'! mean.s (1) "the fadlity as defined in* any Nucle2.::: Enei,gy Li2.bility Poiicy (Facility Fo::.;m) issued by N.uclear Energ*y Liability Insurance Association 61* by Mutual Atomic Ene::gy Liabi1ity Underwriters, or (2) any other nu.ck:.:n* facility, if financia:1 p:totection i~ requi::.*ed. pu:rsuar.:.t to the Atornic Energy Act bf 1954, or any 1aw amendatory thel'eof, with respect to any activities or operati6ns conductecl* thereat;.*

III.. Condition 4 is replaced ~y the following:

LIMITATION OF LIABILITY; *coMMQN OCCURRENCE Any occur-rence or *sGries. of occu;rrences resulting in bodily_ inj u:ry or property damage arising-out o_f" the :radioactive, toxic, explosive or other hazardous properties of:

(a) nuclear material discharged or dispe:tsed from the facility over a.

period of days, we_eks, months or longe:.* a.r~d also 4rising; out of such properties of other nuclear material so discharged or dis-persed from one o;.* niore other nuclear* facilities insured under

• any Nuclear Energy Liability Policy "(Facility Form) issued by Nucl~ar Energy Liability In~urance Association, or.

• (b) * ~ource material, special nuclear material, spent t'uel or waste in

.. the course.©f transportation for which insuran*ce is afforded under

.this policy arid also arisihg out of such p:roperties of other source material, special nuclear material, spent fuel or waste in the

-~urse of transportation for which insurance :is afforded under one or more other Nuclear Energy Liability Policies (Facility

. Form) issued by NuGlear Energy Liability Insurance ~llAssociation, ihall be deemed to be a common occur1~ence resulting in bodily injury.

or property damage caused by the nuclear energy haza:rd.

. With resp*ect to such *bodily injury and property damage (1) the total aggregate liability of the 1nembers of Nuclear EnGlrgy Liability

.. fosurance. Asso.ciatiorl 'under all. Nuclear Energy Liabiiity Policies

• ,,.:..,,-,1,;(1lifr~1~iUty: fo,rn;i.t,:/:.. ill~h,ding;'.: this*.. pqli~y,.applicabl~,.to ;;u_ch. common

.i

. I, I

~274!}:'. ', -~-

• • -* "~*--..-*'**-*.~*.*._

e

).,.... ~*.'~:~\\~~~,>- ~-..,..*~*.-.***.. :~

v11~ ~;,l[.l..i*_c VJ..... l~1..k.iil~v...,*'* \\JJ.. 1_.

• .*,,,..,.. 41.***'*'-' l.,,;vG.l. J.l,l&rl.cC.,JY \\.

.JV.L-'.(.d.-

tio:1 3 there-of, but in n0 eve:,;.~.;;.,::;,J suc:l'-.. tc*cal aggregate liability of

• . such me:q:ibers exceed $46,500,000 l (2) the total liability of the. com~

panks undei* th~s policy shali *not exceed that proportion of the total aggregab liability of the ri1embers of Nuclea:i.* Energy Liability Insurance Assdcfa.tion, as stated hi clause* (1) above, which (a) the limit of iiability of this policy, as determined by Condition 3, bears to, (b) the sum of the limits o: lia::>:lity of all s-u.c.h policies issued by such members, the limit of liability of each sc:.ch policy being as determined by Condition 3 thereof.

The provisio'ns of this condition shall not. operate to increase the limit of the companies' liability unde1* this policy.

IV. The second pai-agraph of Condition 12 "Othei* Insurance" is amenc;Ied to read:

"If the insured has ot:her valid m1d collectible insurance (other than such concmrent insu1*a1-i.:::'e oi* any othe::: nuclem* enel'fff.liability insurance issued by Nuclear Energy Liabilit!V Insurance Associa~

tion.or Mutual At9n1ic Ene1*gy I.i&bilit:7 U:i:iC:c,nir:riters to 2.ny person or organization) applicable to, loss or expense covered by this. *

• policy, the bsurance_ affo1:ded by this policy shall. be excess ins-m:..:.

• ance over such other insura:ace;. :n*ovided; with Tespect to any*

persoI1,vho is not ernployed r.t and L1 connection wifo the i::;cili"i;y, such insurance as is afforded by this poliey for bodily injury* to an

• em*)'oye"

~.I! t*11*"

0-*~u1*::...:i.,,,.!si*1(:* o"-'-

~r" a**d 1*~ t',e cou**se* r.-" 'n1*s i 1 v

Vl.

J. v

..:.11;:;

~u

.,;:1,,.1...:.

... 1,C i.... L, u

.i.J.

J.J.

1...

1 vl.

employme:nt shall be primary i:1surance under*sucn. other insurdnce.'1 Thl*s i's to ce1*t1'fy thci-f: tb~"' '.'"rl,.-,~*-,*,-:,r-:,o,--,+

,*.*,")

,*... a,t,..ue copy o"

...a.r....,.Jo

....ti..-.J f-*_.,....t......, *. ;.."..J _,....., *..,,- *..

J.

J.

the original Endo1'.so11r:mt :fo. ___:2-_ ___ 1

..c:;r; ii!. t:~.:ct of 1h1cl @ar Energy Liability Policy (Facility Form) No. Nr-..L.7 --* ;{o i~.sun.1.nce is af!o.rded. hereunder.

I

\\. ~A,~

seph'Marrone, General Manager*

clear Energy Liab.Ins.Assoc.

,Effective Date of

• 1 6

i_tliis EndorsemcnL... ____

A_u_g_u_s_t __ 2_,_l_9_ 9:--c:-:::-:------To form a part of Policy No NF-VS 12: 0 l A.¥, Standard Time Issued to __ w_i_s_c_o_n_s_i_n_E_l_e_c_t_r_i_c_P..,.o_,* _w_e_r_C_o_,,..:*,_a_n_d_W_i_* s-'-. _c_o_n_s_i_* n_M_i_c_qf--i;g_a_n_P_o_w_e_r __

C_o_. _________ _

\\

.. Date of Issue __ A_u-=g_ti_s_t--'-_1_4.-:.., _1_9_6_9 ___ _

For the subscribing companies

. EnJorsc::.1cnt 1'lo:. __ 2_-~---------

Countersigned by

J~~l~!ftl,il.

t*'

• I NU.CLEA~

Address of Nu.clear Ene:r.iv Li.. abi"/ ity 1.11.su:r2r,;,c2 Assoc-1 at ion Endorsement, It is agreed that the ad:cess of the Nuclear Ene::=gy Liability Insu::.:-.s.nce Association appearii.1g in '.the 11Compa;,;,y. Representat:Lor1 1' condition. of the policy is amended to read~

1185 John Street, New York, New Yoi':'k 10038 11 k,

I i& a true copy or C"'rtify that th.is f./: -:..or~e;1en1. Ho.-:-:~ 1 - ~ -ro,-,Argy Liabilit:,

T11'Ls is to v

, ~,;

,)II! rt, 01 !11.10. ear Jf, ** J

, dA ""'ew"'nt N.:J *-----r:.... --~.:, " -

. ff ded hereunder*

the original E.1 =1 ""

~ No. N?--L!

--* Na i~surance is a or Policy (Facility Form)

',,,,\\...'

1 *

\\'**

eph Marrone, General Mirt~get lear Energy Liab; Ins.As soc:

.Efi'c<tive Date of*

• this EndorsemenL-_...:...*_A_u..:g:::_u_s_t __

l_2..;*~1_9_6_9 ________ To form a part of Policy No ____

..,!N:..!..F=-----=l'-'7'-'8:<.-..._ _____ _.

12:01 A.M. Standard Time Wisconsin Electric Power Co., and Wisconsin Michig~n Power Co.

• Issued (0 ___________

_;_.....;_ ____.....;_~;,,:.;:,...;:.;:;;;;..::.;.:;.::c._;,.:.:,:.:._~c..:.c..=-=-___.::c.:::..,_._ ______

. Date of Issue' August 14) A969 Endorsement l:\\!o ___

. _1_* --------

For the Subscribing Comp:icics Co~ntersigned by*------"""-------..:...------'-"

I.

• . *:',;~,19_

_,.__, I.i.

'\\*1,.

I

j

~------,***>*~cc-.=-**~,--=-= *-*~*-**N"-*****"-~- ---~-***>..>*,-, *-*-*=-=*===-=---=*-***M

• >* ~-~

. 'l b.~h,...,.*11\\:..1, ~ II

~ II "v "-*

85 John Str~et, New York, !\\Jew York -10038 178 Nuclear Energy Liability Policy No, N(=-------

(Facility Form)

Item 1. Named Insured Wisconsin Electric Power Co., and Wisconsin Michigan Power Co.

\\

Address __ '_2_3_l_W_._M_i_* _c_h_i_g_a_n __

s_t_r_e_e_t_,_M_i_' l_w_a_u_k_e_e_, _W_i_s_c_o_n_s_i_n _________________ _

(No.

St:eet Town or City

• State) 12th August 69 Item 2. Policy Penod: Beginning at 12:01 A.M. on the _____ -'--__ day of 19----, and continuing through the effective date of the cance!ation or termination of this policy, standard time at the address of the named insured as s*tated herehl.

Item 3. Description of the Facility:

Location Point Bea.ch Nuclear Plant Units Nos. 1 and 2 situated in the Town of Two Creeks, Manitowoc County, Wisconsin

'Ihis is to

\\

Type ___

P_o_w_e_r_R_e_a_c_t_o_r _________ ~'-----------,-"<'--

.. \\_,,,_,.... ~M'i//.,_,_~~.;;...i'-(')_*_*:,...,,___..~

• • -*.,.._'-":-* -*-*-:*-~

I Jlseph Mar:':"one' Generai* Manager' 1Nudlejr Energy Liab.Ins. Assoc.

• The Operator of the facility is Wis cons in Electric Power Co., and Wis cons in Michigan Power *co;

• Itein 4. The 'limit of the companies' liability is $ ___ 1--'-,_o_o_o--'-, o_o_o _____ subject to all the terms of this policy having ref~rence thereto. * *

.heril 5. Advance Pr~mium * $ ___

l_O_O_. _O_O ________ _

I Item 6. These declarations' lmd the schedules forming a part hereof give a complete description of the facility, insofar as it relates to the nuclear.

energy hazard, except as noted ____

n_o __

e_Zi_c_e_p_t_i_o_n_,s ________________________ ~----

\\.

August

. 14 '

69 Date of Issue-,---------'--------* *19 __, Countee d bY------------c------------

Authorized Representative.

.'Nuclear Energy Liability Policy (Facility Form*)':i/1/57 (SeconJ *.

• .... *,,.*r*l'.,..,;*_.*,1:,*_.,:,,,/1.. :,

1

,,./)

I*,.. \\

~" 11

','.: J :*,4 ::~\\ci~' *'

,:.,1\\';,\\ :h'ilJ

__.,_ I

,i

. :-;\\