. _ _ _ . - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,

|

NRC r:rd 135 u.s. NuctsAn neovLarcay ccus em coexsT Nuuma.

d46) ,f'5 - Jd 2.

" ' ' " " " ' ' "'NRC DISTRIBUTION ron PART 50 DCCKET MATERIAL )INSURA'CE

|TO: FROM: cars er occuusNTNuclear Insurance Consultants 11/9/77 .

Mr. Ira Dinitz Dallas, Texas 1

John R. Duck, Jr. iff4/77-.

d tz rt n ONoTonizio sace iNeur penu Nuusan en ccries asesivsc

basciNAL KuncLAssiniaoC cerv Jggpw

cEsCNIPTioN ENCLcSuPE

Consists of Endorsements #20, 21, 22, 23, 24.

and 25 to Crystal River Unit 3's NELIA Policy'

NF-195...... -

||

PLANT NAME: Crystal River Unit No. 3 (1-P) (1-P)+(6-P)RJL 11/14/77 |

1.

.

YWWSAFEW FOR ACTION /INFORMATION'

I DINITZ l*

I W/31CYA FOR ACTION I

I I

i | I

i l I'

i i i i

-% ^% INTERNAL DISTRIBUTION i-re

if REG FILE.. / | | | | 4 i j

l'7RC~PDR i | | | | | |,

i ) H. JORDAN i I i I | | 1

*_i i i i i : i i

i l i l | I l

e i I I I I

I | | || i !,

i i i l I i

f f I l I i j

i i l i i | | I |t I i i l l i I I

i l ! l I i l

i l i i i i I

i 1 i i i l i

! l I i i l | |

! I I I I 1

I l | | |.

| i i l i l l i

l | | t i I l i

i EXTcRNAL DISTRIBUTION CONTR CL NUMBERI I iI tic '

,

i NsIc I I 800318n10$ 7 jra ft -t i i i

! l l ! ! _ - - ~ - :-

f1 I | I

400 North Akard Street-_.

Dallis, Texar 75201 -s

T;lephona 214 74211,

.

i

November 9,1977

w.7____ ~-,q-7~-,

Mr. Ira Dinitz E'''

'"Office of Antitrust & Indemnity - -

Nuclear Reactor Regulation -

Nuclear Regulatory Commission -

-

Washington, D. C. 20555 gsj 1.,G77 -.. g '" ;us-<'

'n. wita -

' *,.

, 7 .

r,- |t- _.{ ;. g ?(w|/ g Ng4 , .r _j, A Cj'& ,[g& ? .

.

Florida Power CorporationCrystal River Unit 3NELIA Policy NF-195Endorsements 20 through 25Certified Copies

Dear Ira:

In accordance with the instructions of the Insured, FloridaPower Corporation, and per our telephone conversation ofOctober 19, 1977, I am forwarding directly to you for yourrecords one certified copy each of Endorsements #20, 21, 22,23, 24 and 25 to Crystal River Unit 3's NELIA Policy NF-195. ;

Also enclosed are six additional copies each of these en-dorsements should you need them.

If I may be of further help, Ira, please contact me.

Very truly yours,

,

'IohnR. Duck,Jr.

li |

cc: F. A. PapolosR. MartinC. Bollman

jf

Enclosure

I. (.

'.m ,.,

(,Jele:r Energy Liebility InsurandI NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION-

.

AMENDMENT OF NAMED INSURED ENDORSEMENT

.

It is agreed that Item 1 of the Declarations, " Named Insured," is amended to read:

Item 1. Named Insured: Florida Power CorporationCity of Ga-insville C4/43Y/%' 46~City of AlachuaCity of BushnellCity of KissimmeeCity of LeesburgCity of New Smyrna Beach 4A'BUtilities Ccmmission, City of New Smyrna BeachCity of OcalaOrlando Utilities Comission and City of OrlandoSebring Utilities ComissionSeminole Electric Cooperative, Inc.City of Tallahassee

|

.

I

'/A

!

This is to 0 r.. , . . . . , q" q'' ', ', ~ } "a 2 071 ef the o- Jiral, s -. ^--

---. . . , . 3.; g.,.3 gi g 3 f,3 put .

'

.7 |-"-,,E:ndorc e J ' - '_ , -

-o i+ racility Porn) as desd

of the NE' "y,( L' 2"- - ,'{,j "' ~;jE b.(d horounder.. . .

1Cnatedbyj- +.

/1 Pyv k

. k~ v- / .-Listilit / Under :ritingp-- ' e n R . n .u-.-

... t ' a".a ill:y-?rc; u r ,.,,, . ., inw.ance Assoc.. . -

t s ndor ent NQYeaberJ1._1975 To form a part of Policy No X-l9512:01 A.M. Standard Time

Fl o rNd a-Powe r-Corpo ra t-i o n-e t,11I

Issued to.

For the su' cribing cor"paniesDate of Issue DecembeP-+b-1975

By ) 'General Manager/

Endorsement No k__ _. Couace7sFqned by,

- ( '8 car Enstgy ' Liability insuran!

NUCLEAR ENEnGY LIABILITY INSURANCE ASSOCIATION.

,

.

.

_

INCREASE OF LIMIT OF LIABILITY END0RSEMEflT

|It is agreed that:

!

1. The limit of liability stated in Item 4 of the declarationsof the policy is amended to read S 96,875,000.00 .

This amended limit applies with respect to obligations assumedor expenses incurred because of bodily injury or property

, damage caused, during the period from the effective date of this! endorsement to the date of termination of the policy, by the

nuclear energy hazard.

2. The limit of liability stated in Item 4 of the declarationsand the amended limit of liability stated in paragraph 1above shall not be cumulative, and each payment made by thecompanies after the effective date of this endorsement for

,

any loss or expense covered by the policy shall reduce bythe amount of such payment both the limit of liability statedin Item 4 of the declarations and the amended limit statedin paragraph 1 above, regardless of which limit of liability '

applies with respect to the bcdily injury or property damageout of which such loss or expense arises,

t

This 1:: to :ertify tht this 13 c. true copy cf the original; Endorce :ni, ba ti".g the ender: c;e.:t . ;a'wr and being cado part'

of t, $ U001 r E'- ';7 Lidi~.' ti ici.i:7 U.'cility For.:) as des-;-

icd 1t d .creo he Lxarx.:3 . u' hni..3.~;; lor.'

n

D] b'

ChcricaR. E:r I!hn:. .r-Li Undorririting

tuclear Energy Upb111t;/-Prcper+.y Ic. cre.nco Accoc.

g- s S'; o 3 0 st

'L.'

'. ai.

-s

Effective Date of ', .

|( this Endorsement December 2, 1976 '' ,

To form a part of Policy No NF-19512.o1 A.M. Standard Time -- i

|- Issued to Florida Power Corporation et al

Date of issue December 9, 1976 For the su' rr bang cor panies

7By _ f b

Teneral Manager |Endorsemer.t No 21

CmspW.

-y - -

. _ _ _ _ _ _ _ _ _ - - . _

( ~: lear En:rgy L' ability Insuran(cs'

l W.,

.

NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION.

Af1ENDMENT OF CONDITION 2 " INSPECTION: SUSPENS I0tl"(Facility Form)

It is agreed that Condition 2 " INSPECTION; SUSPENSION" is replaced by the following:

2 IttSPECTIOfl; SUSPENSION The companies shall at any time be permitted but notobligated to inspect the facility and all operations relating thereto and toexamine the insured's books and records as far as they relate to the so.? jectmatter 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 bshalf of or for the benefit of the in-sured or others, to determine or warrant 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 resoect 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 10 to certify th t thic 10 ; tr a ccp*/ cf the originalIndorsc:r?.; havi c; , a cr.J.r. ;2 .n. ...Ocr and ;;cing ande partof the 1*cclen;

cr ' !.ihit; Policy (F2cility Fcrs) as des <-

1

ignatp herson..ourance is adorded hereunder.'

!

/.

\' '~v s

Charle':R.CrdO2.D.T00/hLi il t$ ,UndSr? Tit 1CEIluelcar Isrs LIEh ry-PrcMrti bsuraf.0s ASSCO. I'

t - ~

\_,iJ ~ ~ '

Effective Date of 's[this Endorsement January 1, 19T(

To form a part of Policy No NF 195issued to Florida Power Corporation et al

!Date of Issue December 15, 1976 For the su r,cribing co panies

By_ ) I

v General ManagerEndorsement No 22NE-46 Countersigned by

(__1/1/77)

,",^ ' Nuclear Energ/Llability Insurance

NUCLEAH ENERGY LIABILITY INSURANCE ASSOCIATION*-.

WAIVER OF DEFEllSES EflDORSEMErlT(Extraordinary fluclear Occurrence)

The named insured acting for himself and every other insured under the policy, and themembers of Nuclear Energy Liability Insurance Association agree as follows:

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 letransportation of nuclear material to or from the- facilit,

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, includin but not limited to:

(1) negligence,(ii) contributory negligence,

(iii) assumption of risk, and(iv) unforeseeable intervening causes, whether involud the

conduct of a third person, or an act of God,

(2) any issue or defense as to charitable or governmental immunity, andI

(3) any issue or defense based on any statute of limitations if suit'isinstituted within 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 whethersuch issue or defense may otherwise be deemed jurisdictional or relating to anelement in the cause of action.

2. The waivers set forth in paragraph 1. abovc 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 either payable or re-quired to be provided under any workmen's cunpensation or occupationaldisease law;

(c) 'any claim for punitive or exemplary damages, provided, with respect toE any 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 thepecuniary injuries resulting from such death but rat to exceed themaximum amount otherwise ' recoverable under such la v.

.NE-33a (over)

_.

(m (,

. '3. The waivers set forth in paragraph 1. above shall be effective only with respect~

~

5 to bodi.ly injury or property damage to which the policy applies 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 4 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 indemniflucion between the named ' insured and thethe Nuclear Regulatory Commission made pursuant to Seccion 170of the Atomic Energy Act of 1954, as amended; and

(c) the limit of liability provisions of Subsection 170e. of theAtomic Energy Act of 1954, as amended.

Such waivers shall not preclude a defense tased upon the failure of the claim-ant to take reasonable steps to mitigate damages.

4. Subject to all of the limitations stated in this endorsement and in the AtomicEnergy Act of 1954, as amended, the waivers set forth in paragraph 1. aboveshall be judicially enforceable in accordance with their terms against t.nyinsured in an action to recover damages cecause of bodily injury or property,damage to which the policy applies as proof of financial protection. '

5. As used herein:

" extraordinary nuclear occurrence" means an event which the Nuclear 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 in -

the Atomic Energy Act of 1954, as amended.

" claimant" means the person or organization actually sustaining the bodilyinjury or property damage and also includes his assignees, legalyp,gegittnalatives and other persons or organizationsstitleditos briMg L/Ar.tilonifgmade PartC

damages on account of sgipjttraycort$ age h: c..;eg ad{ Tih Fora) as des .,

t 81 1 = 'i

v signatCd N f

'

, ,

Charlec P.. L . y gfartiriting'

r

January 1, 1973uclear Inar.;7 IML MICM7 In"r" A Yf "195Ef fective Date ofthis Endorsement To form a part of Policy No

12:01 A.M. Standarc Time \issued to . Florida Power Corporation etal -

Date of issue Decenber 15. 1976 For the su ?cribing c0 panies

By IGeneral Manager

Endorsement No 23 Coun'ersigned byNE-33a

C, (~--

NL . ear Energy Liability insurance.

,

NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION'

AMEtiDMEflT OF DEFIflITI0ft 0F"flUCLEAR EtlERGY HAZARD"

(Indemnified fluclear Facility)

It is agreed that:

1. Solely with respect to an "insurea shipment" to which the policy appliesas proof of financial protection required by the fluclear RegulatoryCommission, subdivision (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 ofAmerica, 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 c;escribed 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- I

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 theAtomic Energy Act of 1954, as amended.

''Thic in to certify that this 12tr.:3 ce?? Of th3 cricinal

Endorcc: ant having; ..;2 ende.:3 C.N ... c rr nd b213 tade partof the liucle:u rgy Lii1;.. t-j :-o;,2;- (72111ty yg,4 as des-ignat her 0.. I clIncuranca 10 aric.-del horenc. der,

7

)js . .

U /y /

Y .i/

~ .

itin6

Y 1 mbilit7Insuran0e Assoc.-W

& rd.C 0 e ""an at O r ~ '~ ?rCp3 N,m

A*.>

' Charles Li*'= l-

nrY,

%?h8tife Date ofthis Endorsement JS QV.01_y_].,__197 7 _.To form a part of Policy No flF_195

12.o1 A.M. Standard Timeissued to Elodda Power Corporation et al

' " " P"Octe of issue OfLEThff_.31 I976

) _

IByv General Manager:

Endorsement No 24 Countersigned byilE-44-(1/1/77)-

. -~ - = - . ,

[ il;ar Energy LiglHy insura _'

,,

'

NUCLEAR ENERGY B y IF3 URANCE ASSOCIATION

1) ADVAtlC : il '4 !D I'D 9D PREF 11Uf1 EtlDORSEMEllT'

2) CHAflGES UQL. s a COMPAflIES Afl0 Ifl THEIRPROPudTIONATE LIABILITY Ef400RSEMEtlT

Calendar Year 1977

la. ' ADVA?'CE PREMIUM: It is agreed that the Advance Premium due the companiesfor the period designated above is: $ 51,*30.00

,

b. STATIDARD PREMIUM AtlD 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 Fremium is saidAdvance Premium and the Reserve Premium is: $ 37,075.00

2. It is agreed that with respect to bodily injury or property damage caused,during the effective period of this endorsement',. by the nuclear energyhazard:

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 the

~ '

policy because of such bodily'i.njury 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.g Q he_ effective date of this endcrsement 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. ,

thn.t ..n,,pg)1 true ccpy of the originala, ,cy 33d bsing aade part~ I' i

MQv .

This is to certif7 _,

. Indorf000th1''',h"5 Lic.~ !?2 cility Forrd as des-.

.of tho {2 22 "*{f[ e g efordtilyr* * #''

@b'

I I .qYELLOW COPY AGEh o KR /P(' j.

_ ,,, , , ..r Undar criting .'

}1''.p;3 h h h "'F3GREEN COPY,

~ \ .

'

Effective Date ofthis Endorsement January 1.1977. ... To form a part of Policy No ''E~lYO.: -

12:01 A.M. Standard Time# ' 'I Nissued to

Date of Issue Dacomber 31. 1076 - For su ng ~- ani

tBy '._ 1 -

--%

veneral Manager

7' \Endorsement No Countersigned by~~

L- -fJr K - #R n1MM