ML20248D359

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Forwards Amend 10 to Indemnity Agreement B-70,reflecting Changes to 10CFR140,effective 890701
ML20248D359
Person / Time
Site: Calvert Cliffs  Constellation icon.png
Issue date: 09/25/1989
From: Mcneil S
Office of Nuclear Reactor Regulation
To: Creel G
BALTIMORE GAS & ELECTRIC CO.
References
NUDOCS 8910040217
Download: ML20248D359 (5)


Text

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', S:ptember 25, 1989 Docket Nos. 50-317 , DISTRIBUTION w/ Encl.

and 50-318 -Docket file.c SMcNeil NRC & Local PDRs CVogan SVarga OGC t

BBoger EJordan Mr. G. C. Creel BGrimes ACRS(10)

Vice President - Nuclear Energy. RCapra JWiggins Baltimore Gas and Electric Company PDI-1 Rag IDinitz Calvert Cliffs Nuclear Power Plant MD Rtes. 2 & 4 P.O. Box 1535 Lusby, Maryland 20657 Dear Mr. Creel

SUBJECT:

CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2 - AMENDMENT TO INDEMNITY AGREEMENT Enclosed is an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements,"

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

$160 million to $200 million in the primary layer of nuclear energy liability insurance provided by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters. The amendments also conform to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988," which was enacted on August 20, 1988.

Please signify your acceptance of the amendment to your indemnity agreement in the space provided and return one signed copy to the Document Control Desk, ATTN: Ira Dinitz, Senior Insurance / Indemnity Specialist, U.S. Nuclear Regulatory Commission, Mail Stop 12E-4, Washington, D.C. 20555. If you have any questions about the foregoing, please contact Mr. Dinitz at 301-492-1289.

Sincerely, in S 281 Scott Alexander McNeil, Project Manager oo Project Directorate I-1

$$ Division of Reactor Projects - I/II m Office of Nuclear Reactor Regulation EU oo

Enclosure:

3C Amendment to Indemnity

.c4 Agreement (fol ce a C' cc w/ enclosure:

See next page }l Document Name: INDEMNITY LTR CC OFC :PDI-l P :PDI-l j  :  :  :  :


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NAME :CVogan/ bah :SMcNeil h :RCapra  :  :  :  :


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DATE:9/'lh89 :9/N /89 :9/2J/89  :  :  :  :

OFFICIAL RECORD COPY

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. . h' 'o,, UNITED STATES OL n NUCLEAR REGULATORY COMMISSION

{' $ WASHINGTON, D. C. 20555

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..... September 25, 1989 Docket Nos. 50-317 and 50-318 Mr. G. C. Creel Vice President - Nuclear Energy

~

Baltimore Gas and Electric Company Ca lvert Cliffs Nuclear Power Plant MD Rtes. 2 & 4 P. O. Box 1535 Lusby, Maryland 20657

Dear Mr. Creel:

SUBJECT:

CALVERT CLIFFS NUCLEAR POWER PLANT, UNIT NOS. 1 AND 2 - AMENDMENT TO INDEMNITY AGREEMENT Enclosed is an amendment to your indemnity agreement reflecting the changes to 10 CFR Part 140, " Financial Protection Requirements and Indemnity Agreements,"

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

$160 million to $200 million in the primary layer of nuclear energy liability insurance provided by American Nuclear Insurers and Mutual Atomic Energy Liability Underwriters. The amendments also conform to changes made to the Price-Anderson Act by "The Price-Anderson Amendments Act of 1988," which was enacted on August 20, 1988.

Please signify your. acceptance of the amendment to your' indemnity agreement in the space provided and return one signed copy to the Document Control Desk, ATTN: Ira Dinitz, Senior Insurance / Indemnity Specialist, U.S. Nuclear Regulatory Comission, Mail Stop 12E-4, Washington, D.C. 20555. If you have any questions about the foregoing, please contact Mr. Dinitz at 301-492-1289.

Sincerely, b

Scott Alexander McNeil, Project Manager Project Directorate I-1 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation

Enclosure:

Amendment to Indemnity Agreement cc w/ enclosure:

See next page

r i

Mr. G. C. Creel'

' Baltimore Gas & Electric Company Calvert Cliffs Nuclear Power Plant CC**

Mr. William T. Bowen, President Mr. Joseph H. Walter Calvert County Board of Engineering Division Commissioners Public Service Commission of Maryland Prince Frederick, Maryland 20678 American Building 231 E. Baltimore Street Baltimore, Maryland 21202-3486 D. A. Brune, Esq.

General Counsel Baltimore Gas and Electric Company Ms. Kirsten A. Burger, Esq.

P. O. Box 1475 Maryland People's Counsel Baltimore, Maryland 21203 American Building, 9th Floor 231 E. Baltimore Street Mr. Jay E. Silberg, Esq. .. Baltimore, Maryland 21202 Shaw, Pittman, Potts and Trowbridge 2300 N Street, NW Washington, DC 20037 Mr. W. J. Lippold, General Supervisor Technical Services Engineering Calvert Cliffs Nuclear Power Plant MD Rts 2 & 4, P. O. Box 1535 Lusby, Maryland 20657 Resident Inspector c/o U.S. Nuclear Regulatory Commission P. O. Box 437 Lusby, Maryland 20657 Mr. Thomas Magette Administrator - Nuclear Evaluations Department of Natural Resources 580 Taylor Avenue Tawes State Office Building PPER B3 Annapolis, Maryland 21401 Regional Administrator, Region I .

U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, Pennsylvania 19406

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% UNITED STATES -

,j i NUCLEAR REGULATORY COMMISSION

..O WASHINGTON, D. C. 20555

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Docket Nos. 50-317 50-318 Amendment to Indemnity Agreement No. B-70 Amendment No. 10 Effective July 1, 1989, Indemnity Agreement No. B-10, between Baltimore Gas and Electric Company and the Atomic Energy Commission, dated August 23, 1973 as amended, is hereby further amended as follows:

The amount "$160,000,000" is deleted wherever it appears and the amount "$200,000,000" is substituted therefor.

The amount "$124,000,000" is deleted wherever it appears and the amount "$155,000,000" is substituted therefor.

The amount "$36,000,000" is deleted wherever it appears and the amount "$45,000,000" is substituted therefor.

Paragraph 1, Article I is modified to read as follows:

1. " Nuclear reactor," " byproduct material," " person," " source material,"

"special nuclear material," and " precautionary evacuation" shall have the meanings given them in the Atomic Energy Act of 1954, as amended, and the regulations issued by the Commission.

The definition of "public liability" in paragr'aph 7, Article I is deleted, and the following is substituted therefor:

"Public liability" means any legal liability arising out of or resulting from a nuclear incident or precautionary evacuation (including all reasonable additional costs incurred by a State or a political subdivision of a State, in the course or responding to a nuclear incident or precautionary evacuation),

except (1) claims under State or Federal Workmen's Compensation Acts of employees of persons indemnified who are employed (a) at the location or, if the nuclear incident occurs in the course of transportation of the radioactive material, on the transporting vehicle, and (b) in connection with the licensee's possession, use or transfer of the radioactive material; (2) claims arising out of an act of war; and (3) claims for loss of, or damage to, or loss of use of (a) property which is located at the location and used in connection with the licensee's possession, use, or transfer of the radioactive material, and (b) if the nuclear incident occurs in the course of transportation of the radioactive material, the transporting vehicle, containers used in such transportation, and the radioactive material.

Paragraph 4(c), Article II is revised to read as follows:

(c) Any issue or defense based on any 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.

2 )

L In paragraph 1, Article VIII, the amount "$5,000,000" is deleted and the amount "$63,000,000" is substituted therefor.

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

Item 2 - Amount of financial protection

a. $1,000,000 (From12:01a.m., August 23, 1973 to 12 midnig t, July 30, 1974, inclusive

$110,~000,000 (From 12:01 a.m., July 31, 1974, to 12 midnig t, March 20, 1975, inclusive

^$125,000,000 (From 12:01 a.m., March 21, 1975, to 12 midnig t, April 30, 1977 -

inclusive

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

$160,000,000* (f. rom 12:01 a.m., May 1, 1979, to 12 midnig t, June 30, 1989 inclusive

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

FOR THE UNITED STATES NUCLEAR REGULATORY CCMMISSION 4 $O W Cecil 0. Thomas, Chief Policy Development and Technical Support Branch Program flanagement, Policy Development and Analysis Staff Office of Nuclear Reactor Regulation Accepted ,1989 By Baltimore Gas and Electric Co.

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

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