NIIQ, I'„OBM 195 I2.70} 3v i U.s. wuccGAB BGOULATonv coMMIss!ow ooc rp NUI IE 0 r! I.G NUMoGB NRC DISTIEIBUTION ron PART 50 DOCKET MATERIAL To: A/g ~ 7usehfE 8 c DATC F DOC~MENT DATG~ECEIVED 04.- 0" 1 QLG TTGB QOIIIGINAC Qcopv DESCRIPTION QNOTOB!zGD JUNC!.ASSIF ICD pnop INPUT FORM EI4CLOSURG NUMUGB OI COPIES RECEIVED ATTACHED FOR YOUR ACTION/INFO'S A COPY OP INDE}fNITY/ENDORSEMENT AGREEMENT FOR PERIOD(S) INDICATED~ ~ ~ ~ ~ ~ ~ QQQIOR'LE N 3K NET 4. LIQ qg +0, 6 I', IEm&> 5R ~ 'I}O NOT REMOVE P rh CKNOT3}I/IIEDQED FOR ACTION/I NFORfvlATION ~~IgZ 2 ~JOWL T C INTERNAL D IST Rl BUTION L'XTEIIMAL DISTI3IIIIJTION COWS ROL «IUMIIF.rI g+d P97 NIIC I O BI1 I!n> I2.7r3} ~
Transcript
NIIQ, I'„OBM 195I2.70} 3vi
U.s. wuccGAB BGOULATonv coMMIss!ow ooc rp NUI IE
0r!I.G NUMoGBNRC DISTIEIBUTION ron PART 50 DOCKET MATERIAL
To: A/g ~7usehfE 8 c
DATC F DOC~MENT
DATG~ECEIVED04.- 0" 1
QLG TTGBQOIIIGINACQcopv
DESCRIPTION
QNOTOB!zGD
JUNC!.ASSIF ICD
pnop INPUT FORM
EI4CLOSURG
NUMUGB OI COPIES RECEIVED
ATTACHED FOR YOUR ACTION/INFO'S A COPY OPINDE}fNITY/ENDORSEMENTAGREEMENT FOR PERIOD(S)INDICATED~ ~ ~ ~ ~ ~ ~ QQQIOR'LE N 3K NET 4.
LIQ qg +0, 6 I', IEm&> 5R ~
'I}ONOT REMOVE
Prh CKNOT3}I/IIEDQED
FOR ACTION/INFORfvlATION
~~IgZ 2
~JOWLT C
INTERNALD ISTRl BUTION
L'XTEIIMALDISTI3IIIIJTION COWS ROL «IUMIIF.rI
g+d P97
NIIC I O BI1 I!n> I2.7r3} ~
ti1
t iI/ t//////l///l/// / l8/8/ ANO
) ///////l//ill/Il/ /ESEf
~l/luZZ<i!Ikl l suZSZI
ROCHESTER GAS AND ELECTRIC CORPORATION o 89 EAST AVENUE, ROCHESTER, N.Y. 14649
LEON D. WHITE. JRVICE PRESIDENT
e
FE.810 ~~,~0. 9
U.si +~g%+LO+ /0SollSubject: Nuclear Energy Liability Insurance
R. E. Ginna Nuclear'Power Plant, Unit No. 1
Docket No. 50-244
TELEPHONEARE* CODE 7I6 546-2700
February 8 1977
kj gg,Office of Nuclear Reactor RegulationATTN: Mr. Benard C. Rusche, DirectorU. S. Nuclear Regulatory CommissionWashington, D. C. 20555
Dear Mr. Rusche:
Pur ose
In compliance with your requirements, we attach hereto onecertified copy of the following endorsements to our Nuclear Energy LiabilityPolicies:
EndorsementNo. Effective Date
NELIA NF-170 48 1/1/77 Adds disclaimer: Insurance inspectiondoes not warrant that plant is safeor in compliance with any regulation.
NELIA NF-170 49 1/1/77 Discovery period extended from 10to 20 years.
NELIA NF-170 50 1/1/77 Broadens definition of "insuredshipment. "
If you should require additional information, please advise.t
Attachments
~AMPL. D. White, Jr.
p 70 > z"o03 7
9 384
'
C
f
f
~ clear Energy Liability tneuranNUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION
AMENDMENT OF CONDITION 2 "INSPECTION'USPENSION"Facil ity Form
It is agreed that Condition 2 "INSPECTION; SUSPENSION" is replaced by the following:
2 INSPECTION; SUSPENSION The companies shall at any time be permitted but notobligated to inspect the facility and all operations relating thereto and toexamine the i'nsured's books and records as far as they relate to the subjectmatter of this insurance. Neither the right to make inspections and examina-tions nor the making thereof nor any advice or report resulting therefromshall constitute an undertaking, on behalf of or for the benefit of the in-sured or others, to determine or war rant that such facility or operations aresafe or healthful, or are in compliance with any law, rule or regulation.
If a representative of the companies discovers a condition which he believesto be unduly dangerous with respect to the nuclear energy hazard, a repre-sentative of the companies 'may request that such condition be corrected with-out delay. In the event of non-compliance with such request, a representativeof the companies may, by notice to the named insured, to any other person ororganization considered by the companies to be responsible for the continuanceof such dangerous condition, and to the United States Nuclear Regulatory Com-mission, suspend the insurance with r'espect to the named insured and suchother person or organization effective 12:00 midnight of the next businessday of such Commission following the date that such Commission receives suchnotice: The period of such suspension shall terminate as of the time statedin a written notice from the companies to the named insured and to each suchperson or organization that such condition has been corrected.
This is to certify that this is a true cony of the crit inane,Endorsement having the endorsement number and being made partof the Nuclear Energy Liabil"ty Policy (Facility Form) as deEL-ignated hereo . o Insurance is afforded hereunder.
I
Charles H. BaBa s, ;,er-Liabili y Undermrit'fng2Iuc3,ear. Energy ltiabil -Property Insurance, Assoc.
January 1, 197712:01 A.M. Standard Time
Issued to Rochester Gas and Electric Cor oration
Date of Issue December 15, 1976
To form a part'of Policy No NF-
For the su cribing co panles
Endorsement No 48NE'-46
(1/1/77)
By
Countersigned by
General Manager
h
n
I''
Nuclear Energy Liability Insurance ~NUCL8% ENERGY LIABILITYINSURANCE ASSOCIATION
WAIVER OF DEFENSES ENDORSEMENT
( Extraordinary Nucl ear Occurrence)
1. With respect to any extraordinary nuclear occurrence to which the policyapplies as proof of financial protection and which
(a) arises out of or results from or occurs in the course of the con-struction, possession, or operation of the facility, or
(b) arises out of or results from or occurs in the course of thetransportation of nuclear material to or from the facility,
the insureds and the companies agree to waive
(1) any issue or defense as to the conduct of the claimant or thefault of the insureds, including but not limited to:
(i) negligence,(ii) contributory negligence,
(iii) assumption of risk, and(iv) unforeseeable intervening causes, whether involved the
conduct of a third person, or an act of God,
(2) any issue or defense as to charitable or governmental imunity, and
(3) any issue or defense based on any statute of limitations if suit isinstituted wi thin three years from the date on which the claimantfirst knew, or reasonably could have known, of his bodily injury orproperty damage and the cause thereof, but in no event more thantwenty years after the date of the nuclear incident.
The waiver of any such issue or defense shall be effective regardless of whether.such issue or defense may otherwise be deemed jurisdictional or. relating to anelement in the cause of action.
The named insured, acting for himself and every other insured under the policy, and themembers of Nuclear Energy Liability Insurance Association agree as follows:
NE-33a
2. The waivers set forth in paragraph l. above do not apply to
(a) bodily injury or property damage which is intentionally sustained bythe claimant or which results from a nuclear incident intentionally andwrongfully caused by the claimant;
(b) bodily injury sustained by any claimant who is employed at the site ofand in .connection with the activity where the extraordinary nuclearoccurrence takes place if benefits therefor are ei ther payable or re-quired to be provided under any workmen's compensation or occupationaldisease'aw;
(c) any claim for punitive or exemplary damages, provided, with respect toany claim for wrongful death under any State law which provides for "
damages only punitive in nature, this exclusion does not apply to theextent that the claimant has sustained actual damages, measured by the
'ecuniary injuries resulting from such death but not to exceed themaximum .amount otherwise recoverable under such law.
(over)
'3.
4,
5.
7he waivers set forth i~aragraph l. above shall be eff~ive only with respectto bodily injury or probity damage to which the policy ~ies under its termsother than this endorsement; provided, however, that with respect to bodily in-jury or property damage resulting from an extraordinary nuclear occurrence, In-suring Agreement IV, "Application of Policy", shall not operate to bar coveragefor bodily injury or property damage (a) which is caused during the policy periodby the nuclear energy hazard and (b).which is discovered and for which writtenclaim is made against the insured not later than twenty years after the date ofthe extraordinary nuclear occurrence.
Such waivers shall not apply to, or prejudice the prosecution or defense of anyclaim or portion of claim which is not within the protection afforded under
(a) the provisions of the policy applicable to the financial pro-tection required of the named insured;
(b) the agreement of indemnification between the named 'insured and thethe Nuclear Regulatory Commission made pursuant to Section 170of the Atomic Energy Act of 1954, as amended; and
(c) the limit of liability provisions of Subsection 170e.'f theAtomic Energy Act of 1954, as amended.
Such waivers shall not preclude a defense based upon the failure of the claim-ant to take reasonable steps to mitigate damages.
Subject to all of the limitations stated in this endorsement and in the AtomicEnergy Act of 1954, as amended, the waivers set forth in paragraph 1. above,shall be judicially enforceable in accordance wi th their terms against anyinsured in an action to recover damages because .of bodily injury or propertydamage to which the policy applies as proof of financial protection.
As used herein:
"extraordinary nuclear occurrence" means an event which the Nuclear RegulatoryCommission has determined to be an extraordinary nuclear occurrence as definedin the Atomic .Energy Act of 1954, as amended.
"financial protection" and "nuclear incident" have the meanings given them inthe Atomic Energy Act of 1954, as amended.
"claimant" means the person or o&~fbizgtl,st|"b~@l p yustaining the bodilyinjury or property damage and algb %nc)qg~s'1szyssigReQst~ Jggal represent-atives and other Persons or orgaiitgetsaQ> eiltidr]~eg,t'( hrdngean adtnogoPrdamages on account of such injury or da ia 8 ~ i „"able~~" "<nttqf,e ~45e o
~ Q ao$ 7~<ed ~P 8 Pae>e~ ozst)
t~tez, as des-
Effective Date ofthis Endorsement
Issued to
Januar 1 1977Cftt~p.
12:01 A.M. Standard TimeRo he e
rm a pa of llc o 170
ne~~~q, 'rtaaep g„
Date of IssueFor the su gP +< flirtgoe 4s soo
Endorsement No
NE-33a
(llll77)
By
Countersigned by
General Manager
Nuclear Energy Liability tneurann&NUCLEAR ENERGY LIABILITYINSURANCE ASSOCIATION
AMENDMENT OF DEFINITION OF"NUCLEAR ENERGY HAZARD"
Indemnified Nuclear FacilitIt is agreed that:
1, Solely with respect to an "insured shipment" to which the .policy appliesas proof of financial protection required by the Nuclear RegulatoryCommission', subdivisio'n (2) of the definition of "nuclear energy hazard"is amended to read:
(2) the nuclear material is in an insured shipment whichis away from any other nuclear facility and is inthe course of transportation, including handling andtemporary storage incidental thereto, within
(a) the territorial limits of the United States oftftmeri ca, its territories or possessions, PuertoRico or the Canal Zone; or
(b) international waters or airspace, provided thatthe nuclear material is in the course of trans-portation between two points located within theterritorial limits described in (a) above andthere are no deviations in the course of thetransportation for the purpose of going to anyother country,'state or nation, except a devia-tion in the course of said transportation forthe purpose of going to or returning from a portor place of refuge as the result of an emergency.
2. As used here, "financial protection" has the meaning given. it in the.Atomic Energy Act of 1954, as amended.
nergy LiabilityPolicar (Facility For
No Xnsuran e is afforded hereunder.of the leig t he e n
This is to cer ytif that this is a tru~ copy of the originalthe endorsement number and being made part
Endorsement hiving e enm) ss des-
G'harpies R. 13ari e, ffanager-Liability UndertgritingHuc3,ear Energy i ia ility-Property insurance Assoc..
To form a part of Policy NoEffective Date ofthis Endorsement JN1VOXJU.~O
12:01 A.M. Standard Timefssued to Rochester Gas and Electric Cor oration
„„~~51956 For the su cribing co panies
ByGenerai Manager
Endorsement No
NE-44[1/1/77)
Countersigned by
I
/j".
'I
li
g I/
1 ~
lear Energy I.iability Insuranc~NUGAE EAR E RGY LIABILITYINSURANCE ATSOCIATION
\
1) ADVANCE .PREMIUM AND STANDARD PREHIUM ENDORSEMENT2) CHANGES IN SUBSCRIBING COMPANIES AND IN THEIR
PROPORTIONATE LIABILITYENDORSEMENT
Calendar Year .1977
la. ADVANCE PREMIUM: It is agreed that the Advance Premium due the companiesfor the period designated above is: $ 258,075.00
3
b. STANDARD PREMIUM AND RESERVE PREMIUM: In the absence. of a change in theAdvance Premium indicated above, it is agreed that, subject to the pro-
- visions of the Industry Credit Rating Plan, the Standard Premium is saidAdvance Premium and the Reserve Premium is: $ 193,812.00
2. It is agreed that with respect to bodily injury or property damage caused,during the effective period of this endorsement, by the nuclear enerayhazard:
a. The word "companies" wherever used in the policy means thesubscribing companies listed on the reverse side of thisendorsement.
b. The policy shall be binding on such companies only.
c. Each such company shall be liable only for its proportionof any obligation assumed or expense incurred under thepolicy because of such bodily injury or property damageas designated on the reverse side of this endorsement.
3. It is agreed that the effective period of this endorsement is from thebeginning of the effective date of this endorsement stated below to theclose of December 31st of,the Calendar Year designated. in the captionabove, or to the time of the termination or cancellation of the policy,if sooner.
gnatod her on.
(Over)
This is to cor y +lis is a true"copy of the originalEndorsement having e onth ondorsoment numbor and being made part
of tho lluclear Energy abiE ~~. LiabilityPolicy (Facility Form) as des-
Ho Insurance is afforded hereunder,
Charles R.~or-LiabilityUndermiting
-Pro erty Insura
To form a part-of Policy Nonuclear Energy Liability p
Effective Dale ofthis Endorsement
12:01.A.M. Standard Timeissued to 'ochester Gas and Electric Cor oration
Date of IssueFor the su cribing co panies
33
Endorsement No
NE-35 (1/1/77)
By
Countersigned by
General Manager
4+4 f
V
C
~ ~
NUCLEAR ENERGY LIABILITYINSURANCE
MUTUAL ATONIC ENERGY LIABILITYUNDERWRITERS
ADVANCE PREMIUM ENDORSEMENTand
STANDARD PREMIUM ENDORSEMENT
Calendar Year
1. ADVANCE PREMIUM
It is agreed that the Advance Premium due the companies for the calendar yeardesignated above is $ 74 925.00
2. STANDARD PREMUM AND RESERVE PREMIUM
In the absence of a change in the Advance Premium indicated above, it is~ agreed that, subject to the provisions of the Industry Credit Rating Plan,the Standard Premium and Reserve Premium are:
