EXHIBIT B-5
EMERGENCY PLAN
SUPPORT SERVICES AGREEMENT
This Emergency Plan Support Services Agreement is made and
entered into this 1 day of JANUARY , 1987, among Kansas Gas
and Electric Company (hereinafter referred to as "KG&E") Kansas City
Power & Light Company (hereinafter referred to as "KCPL") Kansas
Electric Power Cooperative, Inc. (hereinafter referred to as "KEPCo")
and Wolf Creek Nuclear Operating Corporation (hereinafter referred to
as "WCNOC").
WITNESSETH:
WHEREAS, KG&E, KCPL and KEPCo (hereinafter referred to
collectively as "Owners" and individually as "Owner") each own as
tenant in common with the others, an undivided interest in the Wolf
Creek Generating Station (hereinafter referred to as the "Station");
and
WHEREAS, the Owners agreed to establish WCNOC to serve as the
Operating Agent for the Station and the duties and responsibilities
of WCNOC and the Owners are set out in the Wolf Creek Generating
Station Operating Agreement among Kansas Gas and Electric Company,
Kansas City Power & Light Company, Kansas Electric Power Cooperative,
Inc. and Wolf Creek Nuclear Operating Corporation dated April 15,
1986; and
WHEREAS, WCNOC desires that the owners provide certain services
related to the Radiological Emergency Response Plan (RERP) of the
Station, which services are more fully set out herein.
NOW, THEREFORE, in consideration of these premises, the parties
hereto do hereby agree as follows:
1. The Owners shall perform those services and make available
those personnel enumerated in Exhibit A and any successor
thereto at the rates and charges set or referenced therein.
The rates and charges shall be adjusted annually upon the
mutual agreement of WCNOC and the Owners. The rates and
charges set forth or referenced in Exhibit A and any
successor thereto shall be at each Owner's cost, which cost
shall be determined in accordance with sound accounting
practices, shall include reasonable and appropriate
indirect costs, including overheads, and shall be
determined without profit to each Owner.
2. Requests for those services or personnel enumerated in
Exhibit A or any successor thereto shall be by a written
WCNOC purchase order. During an actual emergency as
defined in the RERP, it will not be necessary to issue a
purchase order prior to performing any services or
supplying personnel under this Agreement. The purchase
order shall specify the services to be performed, or the
personnel to be supplied, the rates to be charged for said
services and personnel and any other material items
necessary to perform said services. Each purchase order
shall be considered a supplement to this agreement and is
incorporated herein by reference.
3. Except as WCNOC and the Owners may otherwise agree, WCNOC
shall be responsible for determining the procedures to be
followed relative to the services provided under this
agreement and for making any reports to governmental
authorities, except as prohibited or required by Title 10
of the Code of Federal Regulations or any other applicable
governmental regulations or laws.
4. If the services are to be performed by employees of an
Owner at a location different from their regular place of
employment, the services shall be deemed to commence when
the employee begins preparation to depart from his regular
work location to perform the services requested. The
services shall be deemed to have terminated when the
employee has returned to his regular work location.
5. Each Owner shall, on a monthly basis, furnish WCNOC with a
detailed statement of all costs and expenses paid or
incurred by that Owner in connection with the services
provided to WCNOC under this agreement and such statement
shall be paid by WCNOC within 30 days after receipt.
Statements for costs and expenses shall be addressed to:
Wolf Creek Nuclear Operating Corporation
X.X. Xxx 000
Xxxxxxxxxx, Xxxxxx 00000
Attention: Purchasing
Payment for all costs and expenses shall be made to the
Owners at the following addresses:
Kansas Gas and Electric Company
X.X. Xxx 000
Xxxxxxx, Xxxxxx 00000
Attention: Vice President-Nuclear
-2-
Kansas City Power & Light Company
0000 Xxxxxxxxx Xxxxxx
Xxxxxx Xxxx, Xxxxxxxx 00000
Attention: Senior Vice President
System Power Operations
Kansas Electric Power Cooperative, Inc.
X.X. Xxx 0000
Xxxxxx, Xxxxxx 00000
Attention: Executive Vice President
6. All time sheets and work records pertaining to services
performed under this agreement shall be retained by each
Owner at least as long as required by the Federal Energy
Regulatory Commission Regulations To Govern The
Preservation of Records of Public Utilities and Licensees.
Each Owner will, during normal working hours and upon
reasonable notice, make available as appropriate, all such
time sheets and work records, to appropriate personnel of
WCNOC upon written request by WCNOC.
7. The Owners and WCNOC acknowledge that for obligations which
may arise under the terms of this agreement, the Owners
shall be severally, but not jointly, liable in proportion
to their ownership shares in the Station.
8. WCNOC hereby expressly waives (on behalf of itself and its
successors and assigns and anyone claiming an interest on
behalf of or through it) any right it may have to recover
for any cause (including negligence) from any Owner and its
employees for any losses, damages, liabilities, penalties,
fines, claims or expenses which may occur in connection
with our arise out of the services performed under this
Agreement. WCNOC shall indemnify and hold each Owner and
its employees harmless from claims asserted by third
parties (including claims asserted by other Owners) for
losses, damages, liabilities, penalties, fines, claims or
expenses which may occur in connection with or arise out of
the services performed under this agreement even if such
services were negligently performed. Provided, however,
that nothing in this section shall relieve any Owner of any
of its duties or obligations under Section 6.4 of the Wolf
Creek Generating Station Ownership Agreement, dated as of
December 28, 1981, and under Section 8.3 of the Wolf Creek
Generating Station Operating Agreement dated April 15,
1986.
9. This Agreement shall become effective upon its execution
but shall not become operative until (a) each of the Owners
and WCNOC shall have obtained any
-3-
and all authorizations from governmental bodies having
jurisdiction over it (or them) necessary for the transfer
of responsibility of the Station from KG&E to WCNOC or
(b) 12:01 a.m. January 1, 1987, whichever shall last occur.
10. The failure of either WCNOC or the Owners at any time to
require performance by the other party of any provision of this
Agreement shall in no way affect the right of such party
thereafter to enforce the same, nor shall the waiver by either
party to any breach of any provision of this agreement by the
other party be taken or held to be a waiver by such party of
any succeeding breach of such provision or a waiver of the
provision itself, nor shall such waiver affect the
enforceability of any other provision in this Agreement.
11. In the event any provision of this Agreement or the application
thereto to any person or circumstance shall be held to be
invalid under any final decision by a court having jurisdiction
in the premises, the remainder of the agreement and its
application to persons or circumstances, other than those to
which it was held invalid, shall not be affected thereby.
12. The validity, interpretation, and performance of the agreement
and each of its provisions shall be governed by the laws of the
State of Kansas.
13. This Agreement shall be for an initial term of one year
beginning January 1, 1987, and from year to year thereafter
until terminated. Each party, upon ninety (90) days prior
written notice to the other party may terminate this agreement
at the expiration date of any successive one year term. Such
termination shall not affect any obligation incurred hereunder
prior to the effective date of such notice, which obligation
arises out of events occurring prior to that date.
14. All notices, communications, correspondence and xxxxxxxx which
are to be addressed and/or delivered to those individuals
identified in this Agreement and Exhibit A attached hereto,
shall be delivered accordingly. Any other notice,
communication or correspondence shall be addressed to:
Wolf Creek Nuclear Operating Corporation
X.X. Xxx 0000
Xxxxxxx, Xxxxxx 00000
Attention: Manager, Emergency Planning
Kansas Gas and Electric Company
X.X. Xxx 000
Xxxxxxx, Xxxxxx 00000
Attention: Vice President-Nuclear
-4-
Kansas City Power & Light Company
0000 Xxxxxxxxx Xxxxxx
Xxxxxx Xxxx, Xxxxxxxx 00000
Attention: Senior Vice President
System Power Operations
Kansas Electric Power Cooperative, Inc.
X.X. Xxx 0000
Xxxxxx, Xxxxxx 00000
Attention: Director, Power Supply & Engineering
15. This agreement contains the entire agreement between the Owners
and WCNOC with respect thereto and no amendment, modification
or supplement hereto shall be binding unless in writing.
16. This agreement shall not be assigned by either WCNOC or the
Owners without the prior written consent of the other.
IN WITNESS WHEREOF the parties have caused this Agreement to be
executed by duly authorized officers as of the day and year first written
above.
ATTEST: KANSAS GAS AND ELECTRIC COMPANY
/s/ Xxxxxxx X. Xxxxxxx By /s/ Xxxxx X. Xxxxxxx
Secretary Vice President-Nuclear
ATTEST: KANSAS CITY POWER & LIGHT COMPANY
/s/ Xxxxxx Sell Xxxx By /s/ X. X. Xxxxx
Asst. Secretary Senior Vice President-System Power
Operations
ATTEST: KANSAS ELECTRIC POWER COOPERATIVE, INC.
/s/ X. X. Xxxxxx By /s/ Xxxxx X. Xxxxx
Secretary Xxxxx X. Xxxxx, President
ATTEST: WOLF CREEK NUCLEAR OPERATING CORPORATION
/s/ X. X. Xxxx By /s/ X. X. Xxxxxxx
Secretary President
-5-
EHXIBIT A
EMERGENCY PLAN SERVICES
1. The Owners shall supply personnel and facilities which are
necessary to carry out the RERP for Wolf Creek. The personnel
supplied shall attend training sessions, participate in drills and
carry out their duties as detailed in the RERP during actual
emergencies.
2. Each Owner shall designate in writing an individual or
group of individuals (hereinafter referred to as Contact Personnel)
who shall report directly to the WCNOC Manager of Emergency Planning
(hereinafter referred to as Manager E.P.). Contact Personnel are
responsible for coordinating each Owners RERP activities at the
direction of the Manager E.P. Each Owner shall notify the Manager
E.P. in writing when Contact Personnel are changed.
3. All communications with the state of Kansas, Xxxxxx County,
and any other governmental, public or private agency or group, as it
relates to public information or emergency planning shall be in the
name of WCNOC.
4. The Manager E.P. shall identify those positions in the
Emergency Response Organization (ERO) which are to be filled with
Personnel of the Owners. The Manager E.P. may increase or decrease
the positions in the ERO to be filled by personnel of the Owners upon
sixty (60) days written notice to Contact Personnel. Positions
initially to be filled in the ERO by personnel of the Owners are the
following:
Wolf Creek Public Information Officer
Media Release Center Manager
Wolf Creek Spokesperson
General Office Information Coordinator
Public Concern Phone Coordinator
Rumor Control Coordinator
Documentation
Media Inquiry Coordinator
Media Monitoring Coordinator
Distribution
Media Inquiry Phone Team (4)
Media Monitoring Team (2)
Public Concern Phone Team
Recording Editor
MRC Assistant Manager
System Control Personnel
General Office Administrative Assistant
Information Clearinghouse Administrative Assistant
Information Clearinghouse Preparation Team
Call Out Personnel
5. Each position on the ERO shall have five (5) persons
assigned to it unless the Manager E.P. requires a different number of
people. Personnel may be assigned to a maximum of two positions.
Contact Personnel shall select and identify, in writing to the
Manager E.P. those personnel (candidates) to fill the positions
identified above. The Manager E.P. shall have the right to reject
any candidate identified by Contact Personnel.
6. Upon acceptance, the personnel of the Owners shall attend
initial training in accordance with the Emergency Plan Implementing
Procedures (EPP) at a time, date and place to be determined by the
Manager E.P. Personnel of the Owners shall attend annual retraining
sessions as specified in the EPP and shall review all training
materials provided to them by the Manager E.P.
7. Drills shall be conducted periodically to test the
procedures of the RERP and the members of the ERO. Contact Personnel
shall identify in writing those employees who are members of the ERO
who shall participate in the drills which may be scheduled or
unscheduled. Those employees who attend drills shall also attend
scheduled briefings and critiques of drill performance.
8. When an actual emergency as defined in the RERP occurs,
members of the ERO shall respond in accordance with the EPP.
9. Contact Personnel shall provide to the Manager E.P. on a
quarterly basis a complete listing of each employee included in the
ERO. Such listing shall include the employees name, title, home
address, work address, home telephone and work telephone. Contact
Personnel shall notify the Manager E.P. on a weekly basis of any
changes to the above information.
10. On a quarterly basis, the Manager E.P. shall identify to
Contact Personnel those positions in each Owner's organization for
which the Manager E.P. will need the name of the individual in that
position, the individuals title, work address, home telephone number
and work telephone number. Contact Personnel of each Owner shall
provide two listings of this information, the first listing to be by
job title of each position; the second listing by alphabetical order
of the individuals who fill these positions.
11. WCNOC shall be responsible for maintaining public
information emergency response facilities described in the EPP, which
are located in the corporate offices of KG&E at 000 Xxxxx Xxxxxx in
Wichita and at the Information Clearinghouse and Media Release Center
in Topeka, Kansas. KG&E shall transport any necessary supplies and
audiovisual equipment described in the EPP from the Wichita offices
of KG&E and WCNOC to the Information Clearinghouse and Media Release
Center in Topeka.
12. KG&E's system operations department and customer
information center shall perform the call out functions described in
the EPP. KG&E shall provide and maintain the pager system associated
with the call out function.
13. The scope, nature and extent of services provided herein
shall be mutually agreed upon and set forth in the applicable
purchase order. The charges for said services shall be enumerated in
the purchase order and shall be established in accordance with the
rates set in Exhibits B-1 through B-3.
EXHIBIT B-1
RATES FOR EMERGENCY PLAN SERVICES
KG&E
The rates for Emergency Plan Services to be provided by KG&E are
set out below and shall be in effect on January 1, 1987 and shall be
amended annually thereafter by mutual agreement of the parties to be
effective January 1st.
KG&E labor shall be billed at actual labor rates.
Fringe benefit costs shall be billed at 19% of the labor cost.
Service overhead costs shall be billed at 12.98% of the labor
costs.
Materials shall be billed at cost plus 17% for purchasing and
stores overheads.
EXHIBIT B-2
RATES FOR EMERGENCY PLAN SERVICES
KCPL
The rates for Emergency Plan Services to be provided by KCPL are
set out below and shall be in effect on January 1, 1987 and shall be
amended annually thereafter by mutual agreement of the parties to be
effective January 1st.
KCPL labor shall be billed at actual labor rates.
Fringe benefit costs shall be billed at 18.8% of the labor cost.
Service overhead costs shall be billed at 21.3% of the labor
costs.
Materials shall be billed at cost plus 25% for purchasing and
stores overheads.
EXHIBIT B-3
RATES FOR EMERGENCY PLAN SERVICES
KEPCO
The rates for Emergency Plan Services to be provided by KEPCo
are set out below and shall be in effect on January 1, 1987 and shall
be amended annually thereafter by mutual agreement of the parties to
be effective January 1st.
KEPCo labor shall be billed at actual labor rates.
Fringe benefits costs shall be billed at 33.58% of the labor
cost.
Service overhead costs shall be billed at 18.14% of the labor
costs.
