ML20071C819

From kanterella
Jump to navigation Jump to search
Forwards Endorsements 1-6 to Nelia Policy NF-277
ML20071C819
Person / Time
Site: Byron Constellation icon.png
Issue date: 03/01/1983
From: Oster J
COMMONWEALTH EDISON CO.
To: Saltzman J
NRC OFFICE OF STATE PROGRAMS (OSP)
References
NUDOCS 8303080135
Download: ML20071C819 (17)


Text

_ _ _ _ _ _ _ _

^N Commonw rith Edison O / 72 Wsst Adams Strast, Chicago, illinois Q "] Address Reply to: Post Off ce Box 767 (j Chicago, Illinois 60690 Room 950 March 1, 1983 Mr. Jerome Saltzman Asst. Director State and Licensee Relations Office of State Programs U.S. Nuclear Regulatory Commission Washington, DC 20555 Re:

Docket No. 50-454

Dear Mr. Saltzman:

Enclosed are eight (8) copies of Nucicar Energy Liability Insurance Association's " standby" facility form policy NF-277 including Endorsements 1 thru 6 for Byron Station.

Sincerely,

. 0:KV J. Oster Insurance Administrator 30/ef Enclosures l

l yfa%Nfo eh

[\\

J

NUCLEAR ENER3Y LIABILITY POLICY (FACILITY FORM)

The undersigned members of Nuclear Energy Liability Insurance Association hereinafter called the " companies," each for itself, severally and not pointly, and an the respective proportions hereinafter set forth, agree with the insured, named in the declaranons made a part hereof, in consideration of the premium and in reliance upon the statements in the declarations and subiect to the limit of liability, exclusions, conditions and other terms of this policy:

INSURING AGREEMENTS I COVERASE A - DeplLY INJUAT AND PROP 5tTT DAMAGE byproduct material; LIAtiLITY To pay on behalf of the insured:

"renrr,

,i,,ial," "spuial sacleme maserial," and "eypretur maseriar' (I) all sums which the insured shall become legally obligated to pay have the rneanings given them in the Atomic Energy Act of 1954, or in as damages because of bodily injury or property damage caused any law amenda>ory thereof; by the nuclear energy haurd, and the cornpanies shall defend any "spres feel" means any fuel element or fuel component, solid or liquid, suit against the insured alleging such bodily maury or property which has been used or esposed to radiation in any nuclest reactor; darnage and seeking darnages which are payable under the terms

,,,,,., means any waste material (1) con:ainang byproduct material of this pohty; but the companies may make such invesngation, and (2) resulting from the operation by any person or organintion of negotiation and settlement of any claim or suit as they deem any nuclear facihty included within the defaition of nuclear facihty CIPedkat; under paragraph (1) or (2) thereof; (2) costs taxed against the insured in any such su.t and interest on "s&c failii)" means the facility described in the declarations t.nd in-i any tudgment therein; cludes the location designated in Item 3 of the declarations and s!!

(3) premiums on appeal bonds and on bonds to release attachments property and operatioris at such location; in an such sust, but without obhgation to apply for or furnish

,f,, gj..

..the facili:y" as de6ned in any Nuclear Energy such nds; Liability Policy (Facility Form) issued by the companies or by Mutual (4) reasonable expenses, other than loss of earnings incurred by the Atomic Energy Liabihty Underwriters. The term " nuclear facility" also insured at the companies' request-rneans (1) any nuclear reactor, ROVERAGE B - DAMAGE TO PROPERTY OF AN INSURED (2) any equipment or device designed or used for (a) separating the AWAY PROM THE FACILITY isotopes of uranium os plutonium, (b) processing or utshaing With respect to property damage caused by the nuclear energy h:urd spent fuel, or (c) handling, processing or packaging waste, l

to property of an insured which is ayay from the facility, to pay to (3) any equiprnent or device used for the processing, fabricating or such inrured those sums which such nasured would have been legally alloying of special nuclear material if at any time the total amount obhgated to pay as darnages therefor, had such property belonged to of such material in the custody of the insured at the premases another.

where such equipment or device is located consists of or contains - -

more than 25 grams of plutonium or uranium 233 or sny com-COVERAGE C - SUBROSATION - OPPSITE EMPLOYEES bination thereof, or more than 250 grams of uranium 233, Wsth respect to bodily injury sustained by any employee of an insured (4) any structure, basin, excavation, prerrases or place prepared or used and caused by the nuclest energy haurd, to pay to the workanen's com-for the storage or disposal of waste, pensation carrier of such insured all sums which such carrier would and includes the site on which any of the foregoing as located, all have been entitled to recover and retain as damages from another operations conducted on such site and all premises used for such person or organintion, had such person or organnution alone been operations; legally responsible for such bodily injury, by reason of the rights "jeg,meif,4 serleer faility" means acquired by subrogation by the payment of the bene 6ts required of such (I) "the facility" as de6ned in any Nuclear Energy Liability Policy carrier under the apphcable workmen's compensation or occupational (Facihty F3rm) issued by the companies or t>y Mutual Atomic disease law. An employer who is a dule qual:6ed self. insurer under Energy Liabil 7 Underwriters, or such law shall be deerned to be a workmen's compensation carrier (2) any other nuclear facility, within the rneaning of this coverage. This Coverage C does not ap to if Anancial protection as required pursuant to the Atomic Energy Act of bodify injury sustained by any person who as erriployed at in 1954, e any law arnendatory thereof, with respect to any act vities or connection with the facility.

opers@ns conducted therest; This Coverage C shall not constitute workrnen's compensation insurance

..,,,f,,,,,,,, means any apparatus designed or used to sustain as required under the laws of any state.

nuclear 6ssion in a self. supporting chain reaction or to contain a critical mass of 6ssionable material; II (a)FINITIfJN OP INSURED The unqual:6ed word " insured" includes DE "sectier esargy &asard" means the radioactive, toxic, explosive or other the named insured and (b) any other person or organiution with hasardous properties of nuclear material, but only if respect to his legal responsabahty for darnages because of bodily iniu'Y (t) the nuclear material is at the facility or has been discharged or er property damage caused by the nuclest energy haurd.

dispersed therefrom without intent to relinquish possession or Subdivision (b) above does not include as an insured the United custody thereof to any person or organisation, or States of America or any of its agencies.

(2) the nuclear material is in an insured shipment which is (a) in the Subject to Condition 3 and the other provisions of this pohcy, the course of transportation, including handhng and temporary storage insurance apphes separately to each insured against whom claim is incidental thereto, within the territorial hmits of the United States enade or suit is brought.

of Amerna, its territories or possessions. Puerto Rico or the Canal Zone and (b) away from any other nuclest facihty;

*'# 'N"*" '"'*"8 * #P'"'"' 'I ' ".' terial.Y(' 1 ) to the facil-

""'I

Whenever used in this policy:

III " DEFINITIONS & eddy infery" means bodily inputy, sickness or de.sesse, including icy from a nucleet facility owned by the United States of America, but rnaterial, spent fuel or waste. herein called ma death resulting therefrom, sustained spy any person; only if the transportation of the material as not by predetermination to "propeerp /awsge" means physical injury to or destruction or radio-be mterrupted by the remosal of the material from a transporting con-active contaminatien of property, and loss of use of property so injured, veyance for any rurp>se other than the continuation of its transporta.

I destroyed or contaminated, and loss of use of property while evacuated tion. or (2) from the facihty to any other location except an indernni-l or withdrawn from use because possibly so contaminated or because of 6ed nuclear facihty, but only until the material is remosed from a imminent danger of such contamination; tranin>rting conveyance for any purpose other than the contmustion of "secl,,, morreill" rneens source anaterial, special nuclest material or its transportation.

Nuclear Energy Liability Pohey (Facility Form) 2/1/5y (Second Revision) wisse

weiseen claim b made agnimmt she insond, not Inter them two years after 1'

APPUCATISIS OF POUCY This pelky sely to badh issusy W er psopesty damage ( ) which b csesed the policy period br the end of the policy period.

the susclear emeegy haamsd and (2) which b discovered and tot which se EXCLUSIONS P

eions, in time of peace or war, of any nuclear weapon or other instrument of war utiliains special nacisar material or bypsoduct This policy does **d erply:

(s) so any obligation b which the issused or uy carries u his in.

material; sesor may be held liable mader pay workmen's compensason, um.

(e) so bodily injury or psoperty lion or sevolution, or to any due to war, whether or mot empisyment compmation or disabdity beneks law, or ucJet any derges,d, ci,a war, insorsectaan, assniist law; the issused act or condition incident to any of the fosegoing, (b) encept wsth supect to liability of anothr! ass amed (f) se psopeny damese to any psoperty at the i=- dessmased in

""d M,",gNN*,,,"gis, 4N w " *c am' ~'i~. sa ~

i-=ft. = -un ~ ~

n bisles lismed for hashway see, pnnidad wh assaft, womanft susa'but eis eal.sso. d.es not a,,l, to way ami.ry to a,y who is not employed at and in connecime wish er facuity er whicle ase not used a comentase wie er opastion of the of theapplicable I'*E"F' Einoused has complied wish the -

' disonne law maperting (g) to psoperty dnesse no suelear materint in the consee of weshrwe's comprasmesom or = &es ;;.- " - to his employm, at er secures et compensation bene ties es or isoen the facility including headling or seosage (c) to liability assumed by the issused under costart, other thee as themo;

== =r h is a <==a-et wish another of she liability of aar person (h) ender Covenge B, to propesty damage due to neglect of the is.

a j which would be impeeed by law en such person or sesed as use all seasonalde means to save and passerve the peop-esp *~ in the absence of an expeas assesupties of liability; esty afet2 knowledge of the occwsusce sa==erine in such psoporty er,

(d) es hedily injury or psoperty damage due to the naamfacterias. damage h=maing or mer et the locataos daggpated is leem ) of er doch e

i l

CONDITIONS erty simmage caused during the policy period by the ancient energy 1 PREhelted The named issused shall pay the cosir==== the adosace hamed, me limit of the compaies hahany smead in se dat -sa== m sensed is er declameises, w the puiod fsom the esative the total lishdity of the companies b their obligations under Gis f this policy though December 5i following. Theresfrer, at the policy and the expenses incurred by the <==p==== sa commertion with hess'ans'sig of smch <=t==dae year while this policy is in force, the asmed date o such obligations, socieding sesesed shall pay the advance pe=== k swh year to the compens'es (a) paymemes in settienwat of claises and la satisfaction of judgments The advaare peemiusa for each ah year shall be statess is a injury or peop.

apsiast the insureds for damages because of bodd d

wrienee notice gews by the casapesses se the esmed insend as soon as eny damage, pynwets made under pests (2),

psacticable prior so or after the begaaning of such year, Cowesage A and payments made in sesel===at of claims un Such advance psemiums see estammted psesniums only. As soon as Coverages B and C; psacticable after each December 31 and afert the terrosantion of this (b) payments b esse of any claim or suit," including, but act incursed in de L

" asentission, t

som for the peereding premium period shall be poliry, the omsmed e with the ca=r====s* rules, rates, rating plans.

settlement and limiend to, she cost of such services by salaried employees of the assnputed is ac premuums and sneassmum premiums applicable so this insurnace. If thefor any psemium period exceeds the campsain, fees and expensa of ' '. " adjuseen, pseoraryr testsaicoy, ansputson earned psemium thus composedd for such period, the named insured fees sad disbursements, expense for c esy or autopsy or audi-advance premium previously paa and appraisal of property

  • e===aa4aon, shall pay the excess to the compseses; af less, the compenses shall re-cal e=psma== of say kind; asta to the esmed insured the unenraad portion paid by such insured.(c) paymenes for empenses lacursed by the companies in investigatin The named inound shall maintain socords of the information awes.

se occwnece asuhang in boday injury or psoperty damsge or in I

of such swords to sery for prenuum cosnputateos and shall send e sninsmassas its efects.

the companars as dirated, at the end of each cm t year, at the end Euh pm insde b er gain in hy d eeir obl*

of the policy period and at such other times during the policy period under this policy or for empenses inrutad in ceassetion w as the companan any diact.

obligations shall reduce by the amount of such payrnemt the limit of th compnies' liability under this policy.

IIGSPECTIOti; SUSPlatSIOle The companies shall be pernutsed to If, during the policy period or subseaguent theneo, the tots! of such 2 inspat the facility and to esamine the issused'r books and socords at payments made by the companies shall exhaus any time, as far as they selsee to the subject matter of this insursace-companies under this policy shall thereupos serminate sad shall be If a represseestiw of the cosepamens discovers a rendition which he l

coactusively presumed so have been dischstged. This policy, if not beliews so be unduly dangerous wie suspat to the nuclest energy hasard, a sepsenesestne of the compeares may respeest that such condi-theretofore canceled, shall thenupon automstacally tersuaste.

tion be corncted without delay. In the event of ame<omplisace with Regardless of the nurribes of years this policy shat! continue in force

^ 'we of the companies may, by notice to the and the number of premiums which shallbe en or paid, the limit samed insund, to say other person or orgnaiastion considered by the such maguest, a.,

ief liability seated in the dec estions shall not be

"_ for the coneimusace of such dangerous of the c to be. _ _

- - M sus-cumulative vom year to year.

===, and to the Unised Sentes Anonnic Energy C-pond me ins ace wie mpat eo the asmed sasured and sah osherpeense or ergesuas UhllTATION OF WAtlMTT; C0hlt40N OCCUttgNCE Any occur. A rence or scrws of occurrences resulting in bodily injury or property =7 day of such Comaussion following the dase that such Commissiondamage arssing nut of the radioactive, tonic, explosive or other hazard-rueives such Cice. The period of such suspension shall termeaste asof the tisme sessed se a wr ous properties of issund and to each such person or orgsmasation that such condition has (a) nuclear material dischstged or dispersed fro boem cessected rtws of odner nuclest ensferial so dischstged or dis-I such TEttetNAftON OF POUCY Urgge 33 from one or enore other nucleet fuilities insured by the pblicy (Facility 1 UgffT OF UAtluTY:

J 80AUSTIOct OF Utsf7 Regardless of er nutrihet of persons and compenses under a Nuclear Emeegy Liability etymai=asi=== who ese insureds under abis policy and regnedless of thenumber of claim (b) sousee material, stwist nuclear material, spent fuel et waste in Form), or because of one or more occurrences naulams in boddy injury or prop-i l

.. - - - ~ - - -

courne of trentprtation for which insursnca is aforded under this property. He insured shall larfude in the proof of loss e copy tf til policy and also arising out of such propertset of other sousca descriptions and xhedules in all oc!icles. Upoa the cornpanies* sequest, maaersal, specia! nocient material, spent fuel er waste is the course the insured shall furarsh vers 6ed plans ama spece6 cations of any such of tasasportation foe which iosurance is aforded under one or sity. De insured, as often as may be :-aaakly resjuired, shall es.

meer other Nuclear Energy liability Pohcies (Facility Form) ik

' to say persom desigasted the companies any or such property, sued by the companies, and subnut to esammations u enth by any person aarned by the shall be deemed to be a commoo occurrence resulting in bodily iniury or companies and subarnbe the sanse; and, as ofwn as may be nasonabir psoperty damage caused by the nuclear emergy hasard.

requsred, shall produce for enemmation all books of account, swords, and ds

)M i bells, savoices and other vouchers, or certs6ed copies thereof if ori is eYi the compa undYNixtes liabst y be lost, at wh ressamble time and place as may be designated the man occursusce shall be the sum of the limits o[Iscable to such com-compan es oc their representatives, and shall permit estracts and copies era (Facilaty Form), includmg this policy, sp liability of all such th m al be made.

irisa, the lie of Isabilsey of enth such policy bens as determined t a=&s=== 5 thenof, but in no event shall such total se lae.

APPRAISAL - Cosorogo 3 la case the insured and the companaes Q of the compasses esceed $4M0,000; (2) the tota Isa slaty of shall fail to saree as to the amount of property damage, then, ce the the compasses inader this policy shall act exceed that proportson et the written demand of either, each shall select a cornyetent and disinterested liebelser of the companies, as stated aa clause (t ) above, appraiser and notify the other of the appraiser seluted with n limit of Isabdir of this policy as dermined by Coads, days of such siemand. The appraisers shall 6rst select a cosapetent which tien 5.

te (b) the sum o[the limits of debility of all such policies assinterested umpire and, fantity for 6fteen bys to agree upon such inseed by the =

- tbc limit of lambelity of each such policy being umpire, then, on respuest of the ansured or the connpenses, such umpire as deaermined by Camdstana 3, thereof.

shall be selected by a tudge of a court of record in the state in whach De psovsnions of this condicana shall act o e(the cetapansas lambilsty under thas polary, pesete to incsesse the limit the proper *y as located. De appraisers shall then appraise each item of Property damage and, failms so only to the umpire. An award a, agree, shall subaut.their diferusces

(

s writaos, so sessassed, of aar two l

"*"*'""""'-d when 6ted with the companies shall determaae the amount of psoperty 5 "adily injury or poperty damage to which this poluy applies or.of damade r <a ser<ai ce hali 6= aid 6,ihe tv eieci a. him and ihe h

expenses of the appraisal and > umpire sht$1 be paid the en occurrence wbsch um gave see to claims therefor, writtaa acuce samtmeg resticuisas. sent to identMy the insund and also suonon-equally. ne companies shall not be held to have woi say o shly obenamable anfossaties with to the time, place and cascum-rights by any act seistag to apprid.

saa== theseof, and the ammes addsesses of the inimaud and of available watessnes, shall be given by or for the insused to Nucleer SUSROOATMNI la the event of any payment under this policy, the 11 Eassay Liability lasussace Assocastion er the compnases as soon n comraa** shall be subrogated to all the issused's rights of secovery AA penetscable. Pf claim is made or seat is bsought the innared, he therefor easiest any person or orpaiastson, and the :asured sha!! es-shall n===ha=8y forward to Nuclear Enesgy

'say lasumace Asso-ecute and dehver instruments and papers and do whatever eine is cintion or the <==ra== every h-a l nonce, summons or other peo-necessary to secure such rights. Prior to knowledge of bodily injury or cosa reived by hism or his sepsenementive.

pro.perty damage caused ty the nuclear eseegy haamsd the insured may wasve an wratang an right of recovery agnaast any person or orpasan.

6 ASS 4 STANCE AND COOPERATION OF 790E INSWRES ne in-

'N"' dace any such right of recovery." N ** *** *I M "*' *

N*

"h ammi shall te with the companies and, upon the compenses preju sequest, attend and trials and assist in making settlements, The companies hemby waive any rights of subroprios acquasd ascuring and givies e, obesining the asMare of witnesses and agassat the Umsted 5 stes of Amersca or any of iu agencies by reason of in the conduct of any lept proceedings in comaectaon with the subtect any payment under this policy.

matter of this inausence. The insured shall set, except at his own coat,

. The compones do not rel, quah, by the foregoing

<ight to restatution from the insured out of any recoversprovissoas, any m

make any payment, asume any obligatana or incur any expense es made by the insured on account of a loss covered be thas policy of any amouses so which the companies would be entitled had such provisions, or any of 7 ACTIO90 AGAINST CotspANlts - Covecogos A end C No them, not been included in this policy.

action aball lae against the companies or any of shem unless, as a con-dstion precedent thereto, the insured shall have fully complied with all the terms of this policy, nor until the amount of the insund's obligataon OTHER INSURANCE If the i+>urance aNorded by this polscy for loss 1 to pay shall have been finally determined either by judgment assinst the or expense es concurrent with msurance aNorded for such loss or ex-A inaused after actual trial or by written agreement of the insured, the pense by a Nuclest Energy Liebshty Pohcy (Facihty Form) issued to etmuanar and the ca=raas the named insured by Mutual Atomac Energy Liabihty Ur.derwriters, Aay persos or organistion or the lept repsesentative thereof who hesnaftu cN hunent insumcel* the conipanacs shall act be has secured such gudgment or written agreement shall thereafter be hable unda tha polwy for a greater pro rtion of such loss or expense entitled to ruover under this pobey to the estent of the insurance than the hmit of lability stated an the eclarations of ab s pol bears f

aforded,by this policy. No person or organizatsoa shall have any right ju the brnn of liabihty stated so the lan-w i

under thss polacy to join the companses or any of them as parties to any I

actaca assirst the im.eti ro determane the insured's liabdity, nor shall if the insured has other vahd and collectable insurance (other than the cornpanies or any of them be iropleaded by the insured or his legal wh cimsunent insurance or any other nuclear energy haWy insurance representative. Bankruptcy or ansolvency of the sasured or of the in-

'ssued by the companies or Mutual 4torric Energy Liabihty Underwrit-sured's estate shall not reheve the companies of any of their obligations ers to any grson or organisation) apphtable to loss or expense covered hereunder.

by this pobry, the insurance afforded by this plicy shall be excess in-surance om such other msurance; provided, with respect tu any person j

ACTION AGAINST COldPANits-Coeocopa B No suit or action who is not employed at and in sonnection with the facshty such insur.

8 on this pohey for the recovery of any claim for property damage to

,,u,,,,,,gurded by this puhcy for boddy iniury to an ' mployee of e

which Coverage B applies shall be sustainable an any court of law or the insured arisms cut of and m the course of his employment shall be equity unless all the requirements of this policy shall have been com-prrmary ensurance under sush other insurance.

phed with and unless commenced within two years after the occurrence resulting an such property damage.

CHANGES Notice to any agent or knostedge possessed by any agent 11 or bv any aber person shall net cRect a waiver or a change m any part AJ INSURED'S DUTIES WHEN kOS$ OCCURS - Covereto. S of this mhey or estop the comparues from anerting any right under the h in the event of property damage to shich Coverare B apphes, the en-terms of this pohry; nor shall the terms of this phcy be waived or sured shall furnish a complete inventory of the properry damage

.h,nged, essert by endorsement issued to form a Nrt of this policy damed, showing in detail the amount thereof. Withm amety-one days esesuted by Nuclear Energy Liabihty Insurance Anocation on behalf s.fter the occurrence resulting in such property damage, unless such ad the corapps time is entended m writing by the companies, the insured shall render to the companies a proof of loss, signed and sworn to of the insured.

AS$l6MidENT Aingnment of interest by the named insured shall noi 1 *A statmg the knowledge and behef of the msured as to the following; bind the companies untd their consent is endorsed hereon; af. however. AT sdentration of such occurrence; the interest of the insured in the the named insured shall die or be declared bankrupt or enolvent, this l

property destroyed or damaged, and the amount of euh item of prop-phey shall cover such insusMs legal representatsve, receiver or trustee crty damage claimed, all encumbrances on such properry; and all, other as an msured undet this pola, Nut only with respect to his habihty as contracts of insurance, whether valid or not, covering any of such such, and then onig prosaded stitten noege of his appantraent as legal i

l

sepeessatative, receivee se trusase is given to the==p=== within een (b) In any action oc suit against the ca= paas== servity of process shot days after such apposaament.

be made on any one of them, and such eartice shan be deemed entid and binding service on all companies.

(c) Nuclear Energy Liability Insuranc2 Association is the agent af

" * " ^ " * " * ' ' * ", ' - "dd '

  • """'"d
  • - '- -'* =a-""a= ~ P='ia = =>-

15 *a^ili,ng to,the companses.a'd th'e Unieed States' *Atomac Emergy Com-ance. All notaces or other communications requareef by this policy m

n mission written notace statang when, not less than thirty days thereafter.

to be given to the companies may be given to such agent at its such cancelation shall be efective. This policy may be canceled by the ence at 60 John Street, New York 33, New York with the sune companies by mailing to the named insured at the address shown in this force and efect as af given directly to th: companies. Any requests, poiscy and to the Unsted States Atomic Energy Commission written motice demands or agreements made by such agent shall be deerned to stating when, not less than ninety days thereafter, such cancelation shall have been made directly by the companies be efective; provided in the event of non-payment of Prenuum or af the operator of the facilit=, as designated in the daterations, is se ed by another person or organization, this policy may be canceled the AUTNORMATION OP NAblED INSURES Incept with respect to e ce companics by mailing to the named insured at the address shown in compliance with the obligations imposed on the insured by cannin,is 1 (

this policy and to the United States Atomic Energy Commission stitten 5,6, 7, g,9, to and 11 of this policy, tae named insured as authorised notice stating when, not less than thirty days thereafter, such cancels-to act for every other insured in aH matters pertaining so this insurance.

tson shall be efective. "Ilie mailing of notice as aforesaid shall be su6cient proof of notice. The efective date and hour of cancelation CNANGES IN SUBSCRIBING COMPANIES AND IN TNElE 1 O stated in the notace shall become the end of the policy period. Delivery PSOpORTIONATE LIABILITT By acceptance of this policy the named A O of such written notice either by the named inwred or liy the companies insured agrees that the members of Nuclear Energy Liability Insurance shall be equivalent to mailing Association liable under this policy, and the proporticante liability of Upon termination or cancelation of th.is policy, other than as of the each such member, may change from year to year, and further agrees end of Decem5er 3 in any year, the earned premium for the period that regardless of such changes this policy has been in force since the preceding December 31 shall be (1) each company subscribing this pols.ey upon its issuance sha!! be computed in accordar<e with the following provisions:

lashle only for its stated proportaon of any obligarion assumed or (a) if this policy is terminated, pursuant to Condition 3, by reason of espense incurred under this policy because of bodily injury or the exhaustion of the limit of the compantes habihty, all premim property damage caused, during the period from the efective date theretofore paid or payable shall be fully earned; of this policy to the close of December 31 next following, by the (b) if the named insured cancels, the earned premium for such period nuclear energy hazard; for,each subsequent calendar year,begin-shall be computed in accordance with the customary annual short ning January I next followtag the efective date of this polscy, the subscribing companies and the p rtionate liability if each such rate table and prowdure, provided if the named insured cancels company shall be stated in an ornement nasued to form a part after knowledge of bodily injury or property damage caused by the nuclear energy hazard, all premiums theretofore paid or payable of mis polacy, duly esecuted and attested by the, General Manager of Nuclear Energy Liability Insurance Association on behs'.i of shat! be fully earned

  • each such company, and mailed or delivered to the named insured, (c) if the companies cancel, the earned premium for such period shall (2) this poh.ey shah zmain continuously n,a esat from the efective be computed pro reta.

date stated in the declarations until terminated in accordance with Pre-nium adjustment, if any, may be made either at the time cancelation Condition 3 or Condition 13; is efuted or as soon as practicable after cancelation becomes efective but payment or tender of unearned premium is not a condition el (3) meither the liability of any company not the limit of liability stated as the declarations shall be cumulative from year to year.

,,,c,g,gion, DECLARATIONS By acceptance of this policy the named insured that the statements in the declarations are the agreements and repre-16 COMPANY REPRESENTATION (a) Any notice, sworn state:nent or proof of loss which may be re.

sentations of the named insured, that this colicy is issued in reliance upon the truth of such representations and that this policy embodies an aguared by the provisions of this policy may be given to any one agreements between abe named insured and the companies or any of of the companies, and such notice, statement or proof of ions so given shall be valid and binding as to all companies.

their agents relatang to this sasurance.

In Wrywss: Wusasor, each of the subscribing companies has caused this policy to be executed and att:sted on its behalf by the General Manager of Nuclear Emergy Liability lasurance Association and duly countersigned 4:n the declarations page by an authorized representative.

For the Subscribing Companies M *"/l g

N

' General Manager

4 NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION 127 John Street, New York, New York 10038 Nuclear Energy Liability Policy No. NfL 277 (Facility Form)

DECIARATIONS i

Item t. Named !nsured Commonwealth Edison Company P.O. Box 767 Chicago, Illinois 60690 4aa,,,,

(No.

Street Town or City State) 3rd Item 2. Policy Period: Beginning at 12:01 A.M. on the a,,of February i, 83.,,,a,,,,;,,;,, is,,,,3 the effective date of the cancelation or termination of this policy, standard time at the address of the named insured as stated herein.

Item 3. Description of the Facility:

See Endorsement No.1.

w,,;o, Trre _

Pressurized Water Reactor The operator of the facility is Commonwealth Edison Company 1.e. 4. The limii of the companies hability is :

1,000,000.00

,,5j,,,,,,ii ih,,,,,, or th,, poiicy ha,in,,,r,,,oc,,3,,,,

100.00 Item S. Advance Premium $

larm 6. These declarations and the schedules formang a part hertof give a complete description of the facihtr. insofar as it relates to the nuclear no exceptions energy hasard except as noted caie of r,,,,

February 14

, i, 83_ count,,s.gned br This is to certify that this is a true copy of the original Au'hoared Representative Declarations being made part of the Nuclear Energy Liability Policy (Facility Form) having the number designated hereon and including Endorsements numbered 1 through 6.

No insurance le efforded hereunder.

Nuclest Encray I.aabitary Pohey (Facihry Form) ?/th7 ($ccond Revision)

John L Quattscchi. Vice President Liability Underwritiner Ameron Nuclear Inswers

l Nuclear Energy Liability insurance NUCLEAR ENER3Y LIABILITY INSURANCE ASSOCIATION AMENDATORY ENDORSEMENT (Indemnified Nuclear Facility)

'It is agreed that:

I.

In Insuring Agreement III, " DEFINITIONS" A.

The first sentence of the definition of " nuclear facility" is emended to read:

" nuclear facility" means "the facility" as defined in any Nuclear Energy Liability Policy (Facility Form) issued by Nuclear Energy Liability Insurance Association or by Mutual Atomic Energy Liability Underwriters.

B.

The definition of " indemnified nuclear facility" is replaced by the following:

' indemnified nuclear facility" means (1) "the facility" as defined in any Nuclear Energy Liability Policy (Facility Fonn) issued by Nuclear Energy Liability Insurance Association or by Mutual Atomic Energy Liability Underwriters, or (2) any other nuclear facility, if financial protection is required pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, with respect to any activities or operations conducted thereat; C.

Solely with respect to an " insured shipment" to which this policy applies as proof of financial protection required by the Nuclear Regulatory Commission, Subdivision (2) of the definition of " nuclear energy hazard" is amended to read:

(2) the nuclear material is in an insured shipment which is away from any other nuclear facility and is in the course of transportation, including the handling and temporary storage incidental thereto, within (a) the territorial limits of the United States of America, its territories or possessions, or Puerto Rico; or (b) international waters or airspace, provided that the nuclear material is in the course of transportation between two points located within the territorial limits described in (a) above and there are no deviations in the course of i

the transportation for the purpose of going to any other country, state or nation, except a NE-59 Page 1 of 4 (1/1/82)

(over)

d:viaticn in the course of said trans-portation for the purpose of going to or returning from a port or place of refuge as the_ result of an emergency.

D.

The definition of " insured shipment" is replaced with the i

following:

" insured shipment" means a shipment of source material, special nuclear material, spent fuel or waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content, herein called " material",

(1) to the facility from any location except an indemnified nuclear facility, but only if the transportation of the material is not by predetennination to be interrupted by removal of the material from a transporting conveyance for any purpose other than the continuatinn of its transportation, or (2) from the facility to any other location, but only i

until the material is removed from a transporting conveyance for any purpose other than the continuation of its transportation.

E.

As used herein, " financial protection" has the meaning given it-in the Atomic Energy Act of 1954, as amended.

II. Insuring Agreement IV is replaced by the following:

IV APPLICATION OF POLICY This policy applies only to bodily injury or property damage (1) which is caused during the policy period by the nuclear energy hazard and (2) which is-discovered and for which written claim is n'ade against the insured, not later than ten years after the end of the policy period.

III. Condition 2 is replaced by the following:-

l 2 INSPECTION; SU3 PENSION The companies shall at any time be pennitted but not obligated to inspect the facility and all operations relating thereto and to examine the insured's books and records as far as they relate to the subject of this insurance and any property insurance afforded the insured through American Nuclear Insurers. If a representative of the companies discovers a condition which he believes to be unduly dangerous with respect to the nuclear energy hazard, a representative of the companies may request that such condithn be corrected without delay.

In the event of non-compliance wi+.n ruch request, a representative of the companies-may, by notice to the named insured, to any other person or organization considered by the companies to be responsible for the continuation of such dangerous condition, and to the United States Nuclear Regulatory Consnission, suspend this insurance with respect to the named ii.sured and such other person or organization effective 12:00 midnight of the next business day of such Commission following the date that such Commission receives such notice. The period of such suspension shall terminate as of the time stated in a written notice from the companies to the named insured and to each such person or organization that such condition has been corrected.

NE-59 Page 2 of 4 (1/1/82)

Neither thm right to make such inspecticns and examinations nor the making thereof nor any advice or report resulting therefrom shall constitute an undertaking, on behalf of or

(

for the benefit of the insured or others, to detemine or warrant that such facility or operations are safe or health-ful, or are in compliance with any law, rule or regulation.

In consideration'of the issuance or continuation of this policy, the insured agrees that neither the companies nor any persons or organizations making such inspections or examinations on their behalf shall be liable with respect to injury to or destruction of property at the facility, or any consequential loss or expense resulting therefrom, or any loss resulting from interruption of business or manufacture, arising out of the making of or a failure to make any such inspection or examination, or any report thereon, or any such suspension of insurance, but this provision does not limit the contractual obligations of the companies under this policy or any policy affording the insured property insurance through American Nuclear Insurers.

IV. Condition 4 is replaced by the following:

4 LIMITATION OF. LIABILITY; COMON'0CCURRENCE Any occurrence or series of occurrences resulting in bodily injury or property damage arising out of the radioactive, toxic, explosive or other hazardous properties of

=

(a) nuclear material discharged or dispersed from the facility over a period of days, weeks, months or longer and also arising out of the properties of g

other nuclear material so discharged or dispersed from one or more other nuclear facilities insured under any Nuclear Energy Liability Policy (Facility Fom) issued by Nuclear Energy Liability Insurance Association, or (b) sotrce material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thoriun from any are processed primarily for its sot.rce material content in the course of transportation for which insurance is afforded under this policy and also arising out of such properties of other source material, special nuclear material, spent fuel, waste, or tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material i

content in tN course of transportation for which insurance is afforded inder one or more other Nuclear Energy Liability Policies (Fatility Form) issued by Nuclear Energy Liability Insurance Association, shall be deemed to be a common occurrence resulting in bodily 4

injury or property damage caused by the nuclear snergy hazard.

With respect to such bodily injury and property damage (1) the

(

total aggregate liability of the members of the Nuclear Energy Liability Insurance Association under all Nuclear Energy Lia-bility Policies (Facility Form), including this policy, appli-cable to such common occurrence shall be the sum of the limits NE-59 Page 3 of 4 (1/1/PI)

(over)

of liability of all such policies, the limit of liability of cach such policy being as d:termin d by Condition 3 thereof, but in no event shall such total aggregate liability of such members exceed $124,000,000; (2) the total liability of the companies under this policy shall not exceed that proportion of the total aggregate liability of the members of Nuclear Energy Liability Insurance Association, as stated in clause (1) above, which (a) the limit of liability of this policy, as detemined by Condition 3, bears to (b) the sum of the limits of liability of all such policies issued by such members, the limit of liability of each such policy being as determined by Condition 3 thereof.

The provisions of this condition shall not operate to increose the limit of the companies' liability under this policy.

V.

The second paragraph of Condition 12. "0THER INSURANCE", is amended to read:

If the insured has other valid and collectible insurance (other than such concurrent insurance or any other nuclear:

energy liability insurance issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters to any person or organization) applicable to loss or exoense covered by this policy, the insurance afforded by this policy shall be excess insurance over such other insurance; provided, with respect to any person who is not employed at and in connection with the facility, such insurance as is afforded by this policy for bodily injury to an employee of the insured arising out of and in the course of his employment shall be primary insurance under such other insurance.

VI. Paragraph (c) of Condition 16, " COMPANY REPRESENTATION", is amended to read:

(c) Nuclear Energy Liability Insurance Association is the agent of the companies with respect to all matters pertaining to this insurance. All notices or uther communications required by this policy to be given to the companies may be given to such agent, at its office at The Exchange, Suite 245, 270 Farmington 1. enue, Famington, Connecticut 06032, with the same force and effect as if given directly to the companies.

Any requests, demands or agreements made by such agent shall be deemed to have been made directly by the companies.

February 3.1983 To form a part of Policy No NF 277 t is dorsom nt 12:01 A.M. $tsnaard Time Cwnorweal th Edison Comoany issued to For the su cribing co panies Date of lasue February 14. 19 R3 By tl.

VU' General Manager 6

Countersigned by Endorsement No NE-59 Page 4 of 4 (1/1/82)

Nu; lear Energy Li:bility insuranno NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION

('

SUPPLEMENTARY ENDORSEMENT WAIVER OF DEFENSES REACTOR CONSTRUCTION AT THE FACILITY It is agreed that in construing the applicaticn of paragraph 2(b) of the WAIVER OF DEFENSES ENDORSEMENT (NE-33a) with respect to an extra-ordinary nuclear occurrence occurring at the facility, a claimant who is employed at the faci.11ty in connection with the construction of a nuclear reactor with respect to which no operating licer.se has been issued by the Nuclear Regulatory Commissicr. shall not be considered as employed 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 Nuclear Regulatory Commission with respect to

(

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

Effective Date of February 3,1983 To form a part of Policy No NF-277 this Endorsemen, 12:01 A.M. Standard Time lssued to Commonwealth Edisnn Cnmnany For the su scribing co panies Data of Issue February 14. 1983

(..

T' By l.'A l

F' General Manager f

Encorsement No 5

countersigned by NE-39a (1/1/77}

Nuclear Energy Liability insuranca NUCLEAR ENERGY LIA81LITY INSURANCE ASSOCIATION WAIVER OF DEFENSES ENDORSEMENT

(

(ExtraordinaryNuclearOccurrence)

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

1. With respect to any extraordinary nuclear occurrence to which the policy applies as proof of financial protection and which (a) arises out of or results from or occurs in the couru of the con-struction, possession, or operation of the facility, or,

(b) arises out of or results from or cc *s in the course of the transportation of nuclear material W or from the facility, i

the insureds and the companies agree to waive (1) any issue or defense as to the conduct of the claimant or the fault of the insureds, including but not limited to:

(i) negligence, (ii) contributory negligence, (iii) assumption of risk, and (iv) unforeseeable intervening causes, whether involving the conduct of a third person, or an act of God, 2

(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 is instituted within three years from the date on which the claimant first knew, or reasonably could have known, of his bodily injury or property damage and the cause thereof, but in no event more than twenty years after the date of the nuclear incident.

The waiver of any such issue or defense shall be effective regardless of whether 1

such issue or defense may otherwise be deemed jurisdictional or relating to an element in the cause of action.

2. The waivers set forth in paragraph 1. above do not apply to (a) bodily injury or property damage which is intentionally sustained by

(

'the claimant or which results from a nuclear incident intentionally and wrongfully caused by the claimant; (b) bodily injury sust'ained by any" claimant who is employed at the site of and in connection with the activity where the extraordinary nuclear t

occurrence takes place if benefits therefor are either payable or re-quired to be provided under any workmen's compensation or occupational duease law; (c) any claim for punitive or exemplary damages, provided, with respect to any claim for wrongful death under any State law which provides for k.

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 recoverable under such law.

NE-33a (over)

.--,,.,,-.m-nn,,

,n_.-

3. The waivers set forth in paragraph 1. above shall be effective only with respect to bodily injury or property damage to which the policy applies under its terms cther 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 coverage i

for bodily injury or property damage (a) which is caused during the policy period by the nuclear energy hazard and (b) 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.

Such waivers 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 (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 the the Nuclear Regulatory Commission made pursuant to Section 170 of the Atomic Energy Act of 1954, as amended; and (c) the limit of liability provisions of Subsection 170e. of the Atomic 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.

4. Subject to all of the limitations' stated in this endorsement and in the Atomic Energy Act of 1954, as amended, the waivers set forth in paragraph 1. above shall be judicially enforceable in accordance with their terms against any insured in an action to recover damages because of bodily injury or property damage to which the policy applies as proof of financial protection.

1

5. As used herein:

l

" extraordinary nuclear occurrence" means an event which the Nuclear Regulatory Commission has determined to be an extraordinary nuclear occurrence as defined in the Atomic Energy Act of 1954, as amended.

" financial protection" and " nuclear incident" have the meanings give.n them in i

the Atomic Energy Act of 1954, as amended.

" claimant" means the person or organization actually sustaining the bodily injury or property damage and also includes his assignees, legal represent-atives and other persons or organizations entitled to bring an action for damages on account of such injury or damage.

tI[sYo* ors *men't Februa ry 3. 1983 e

To form a part of Policy No 12:01 A.M. Standara Tsme issuea to Commonwealth Edison ComDany Date of Issue February 14. 1983 For the su senbing co panies l

I By

/

c.n.,.i u.n...,

Encorsement No 4

Countersigned by NE-33a (1/1/77) l l

Nu: lear Energy Liability Insurance NUCLEAR 5NERGY LIABILITY INSURANCE ASSOCIATION

(~

ADVANCE PREMIUM AND STANDARD PREMIUM ENDORSEMENT CALENDAR YEAR 1983 It is agreed that Item 5 of the Declarations " Advance Premium" is amended to read:

ADVANCE PREMIUM:

It is agreed that the Advance Premium due the companies for the period designated above is: $ 100.00 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 Credit Rating Plan, the Standard Premium is said Advance Premium and the Reserve Premium is:

(

$ 67.00 l

j',' l'jor * ',

February 3,1983 To form a part of Policy No NF-277 3

en 12:01 A.M. Standard Time issuId to Commonwealth Edison Company Date of issue February 14, 1983 For the su scribing co panies By I

/

General Manager Endorsement No Countersigned by NE-41

Nuclear Energy Liability Insurance NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIAT13N

'(

INDUSTRY CREDIT RATING PLAN PREMlUM ENDORSEMENT It is agreed that Condition 1 of the policy is replaced by the following:

CONDITION 1. PREMIUM (1) Definitions: With reference to the premium for this policy:

" advance premium", for any calendar year, is the estimated standard premium for that calendar year;

" standard premium", for any calendar year, is the premium for that calendar year computed in accordance with the companies' rules, rates, rating plans (other than the Industry Credit Rating Plan), premiums and mimmum premiums applicable to this insurance;

" reserve premium" means that portion of the standard premium paid to the companies and specifically allocated under the Industry Credit Rating Plan for incurred losses. The amount of the " reserve premium" for this policy for any calendar year during which this policy is in force is the amount designated as such m the Standard Premium Endorsement for that calendar year;

" industry reserve premium", for any calendar year,is the sum of the reserve premiums for that calendar year for all Nuclear Energy Liability Policies issued by Nuclear Energy Liability Insurance Association and Mut'4al Atomic Energy Liability Underwriters and subject to the Industry Credit Rating Plan;

" policy refund ratio", fcr any calendar year, is the ratio of the named insured's reserve pre-mium for that calendar year to the industry reserve premium for that calendar year;

" incurred losses" means the sum of:

(

(1) alllosses and expenses paid by Nuclear Energy Liability Insurance Association and Mu-tual Atomic Energy Liability Underwriters, and (2) all reserves for unpaid losses and expenses as estiaated by Nuclear Energy Liability In-surance Association and Mutual Atomic Energy Liability Underwriters because of obligations assumed and the expenses incurred in connection with such obligations by members of Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters under all Nuclear Energy Liability Policies issued by Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters and sub-ject to the Industry Credit Rating Plan;

" reserve for refunds", at the end of any calendar year, is the amount by which (1) the sum of allindustry reserve premiums for the period from January 1,1957 through the end of such calendar year exceeds (2) the total for the same period of (a) allincurred losses, valued as of the next following July 1, and (b) all reserve premium refunds made under the Industry Credit Rating Plan by inembers of Nuclear Energy Liability Insurance Association and Mutual Atomic Energy Liability Underwriters;

" industry reserve premium refund", for any calendar year, is determined by multiplying the reserve for refunds at the end of the ninth calendar year thereafter by the ratio of the indus-try reserve premium for the calendar year for which the premium refund is being determined to the sum of such amount and the totalindustry reserve premiums for the next nine calendar years thereafter, provided that the industry reserve premium refund for any calendar year shall in no event be greater than the industry reserve premium for such calendar year.

(2) Payment of Advance andStandard Premiums The named insured shall pay the companies the advance premium stated in the declarations, for the period from the effective date of this policy l

through December 31 following. Thereafter, at the beginning of each calendar year while this policy is in force, the named insured shall pay the advance premium for such year to the companies. The advance premium for each calendar year shall be stated in the Advance Pre-(

mium Endorsement for such calendar year issued to the named insured as soon as practicable prior to or after the beginning of such year.

0,847 PASS 9

Nucirr Ezrgy Liability insuramo NUCLEAR EN2RGY LIABILITY INSURANCE ASSOCIATION

(..

As soon as practicabic after each December 31 and after the termination of % policy, the standard premium for the preceding calendar year shall be finally determined and stated in the Standard Premium Endorsement for that calendar year. If the standard premium so determined exceeds the advance premium previously paid for such calendar year, the named insured shall pay the excess to the companies; if less, the companies shall return to the named insured the excess portion paid by such insured.

'Ihe named insured shall maintain records of the information necessary for premium computa-tion and shall send copies of such records to the companies as directed, at the end of each cal-endar year, at the end of the policy period and at such other times during the policy period n the company may direct.

(3) Use of Reserve Premiums All reserve premiums paid or payable for this policy may be l

used by the members of Nuclear Energy Liability Insurance Association to dacharge their obligations with respect to incurred losses whether such losses are incurred under h policy or under any other policy issued by Nuclear Energy Liability Insurance Association or Mutual Atomic Energy Liability Underwriters.

(4) Reserve Premium Refunds A portion of the reserve premium for % policy for the first cal-endar year of any group of ten consecutive calendar years shall be returnable to the named in-sured provided there is a reserve for refunds at the end of the tenth calendar year.

(5) Computation of Reserve Premium Refunds The reserve premium refund due the name insured for any calendar year shall be determined by multiplying any industry reserve premium refund for such calendar year by the policy refund ratio for such calendar year. The reserve pre-mium refund for any calendar year shall be finally determined as soon as practicable after July 1 of the tenth calendar year thereafter.

(6) Final Premium The final premium for this policy shall be the sum of the standard premiums for each calendar year, or portion thereof, during which % policy remains in force less

(

the sum of all refunds of reserve premiums due the named insured under the provisions of this Condition 1.

(7) Reserve Premium Refund Agreement E:ch member of Nuclear Energy Liability Insurance Association subscribing & policy for any calendar year, or portion thereof, thereby agrees for itself, severally and not jointly, and in the respective proportion of its liability assumed under & policy for that calendar year, to return to the named insured that portion of any reserve premium refund due the named insured for that calendar year, determined in accord-ance with the provisions of this Condition 1.

Effective Da'.e of

% Endorsement Feoruary.,a,1983 To form a part of Policy No.

12:01 A.M. Standard Time Issued to Commonwealth Edison Company Date of Issue February 14. 1983 For the su ribing com ies By Ub l

General Manager l

2

,(

Endorsement No.

Countersigned by l

l

{

i

0 Nuclear Ensegy Llability insurance

(.

NUCLEAR ENERGY LIABILITY INSURANCE ASSOCIATION DESCRIPTION OF THE LOCATI'ON OF THE FACII.ITY Location of the Facility: All of the premises including the. land and all buildings and structures of Coninonwealth Edison Company's Byron Nuclear Station (including but notlimited to Units 1 and 2 and the transmission and pipeline corridor to the Rock River) situi ted on a site consisting of approximately 1782 acres and located 2.2 miles east of the Rock River near the town of Byron in Ogle County, Illinois. The site is approximately 16.8 miles south-west of Rockford, 22.3 miles south-east of Freeport and 28.6 miles west north-west of De Kalb, Illinois.

(

f l

l E

,nishE'or February 3,1983 To form a part of Policy No NF-277 ent 12:01 A.M. Mandard Time Coninonwealth Edison Company issuedto For the a cribing co panies Date of lasue February 14. 983 By ll

/#

General Manager Endorsement No I

CountersIQned by

,-