[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR961.11]
[Page 687-705]
TITLE 10--ENERGY
CHAPTER III--DEPARTMENT OF ENERGY
PART 961_STANDARD CONTRACT FOR DISPOSAL OF SPENT NUCLEAR FUEL AND/OR HIGH-
Subpart B_Standard Contract for Disposal of Spent Nuclear Fuel and/or
High-Level Radioactive Waste
Sec. 961.11 Text of the contract.
The text of the standard contract for disposal of spent nuclear fuel
and/or high/level radioactive waste follows:
U.S. Department of Energy Contract No. ----
Contract for Disposal of Spent Nuclear Fuel and/or High-Level
Radioactive Waste
THIS CONTRACT, entered into this -------------- day of ------------
19----, by and between the UNITED STATES OF AMERICA (hereinafter
referred to as the ``Government''), represented by the UNITED STATES
DEPARTMENT OF ENERGY (hereafter referred to as ``DOE'') and ------------
, (hereinafter referred to as the ``Purchaser''), a corporation
organized and existing under the laws of the State of ------------ [add
as applicable: ``acting on behalf of itself and ------.''].
Witnesseth that:
Whereas, the DOE has the responsibility for the disposal of spent
nuclear fuel and high-level radioactive waste of domestic origin from
civilian nuclear power reactors in order to protect the public health
and safety, and the environment; and
Whereas, the DOE has the responsibility, following commencement of
operation of a repository, to take title to the spent nuclear fuel or
high-level radioactive waste involved as expeditiously as practicable
upon the request of the generator or owner of such waste or spent
nuclear fuel; and
Whereas, all costs associated with the preparation, transportation,
and the disposal of spent nuclear fuel and high-level radioactive waste
from civilian nuclear power reactors shall be borne by the owners and
generators of such fuel and waste; and
Whereas, the DOE is required to collect a full cost recovery fee
from owners and generators delivering to the DOE such spent nuclear fuel
and/or high level radioactive waste; and
Whereas, the DOE is authorized to enter into contracts for the
permanent disposal of spent nuclear fuel and/or high-level radioactive
waste of domestic origin in DOE facilities; and
Whereas, the Purchaser desires to obtain disposal services from DOE;
and
Whereas, DOE is obligated and willing to provide such disposal
services, under the terms and conditions hereinafter set forth; and
[[Page 688]]
Whereas, this contract is made and entered into under the authority
of the DOE Organization Act (Pub. L. 95-91, 42 U.S.C. 7101 et seq.) and
the Nuclear Waste Policy Act of 1982 (Pub. L. 97-425, 42 U.S.C. 10101 et
seq.)
Now, therefore, the parties hereto do hereby agree as follows:
Article I--Definitions
As used throughout this contract, the following terms shall have the
meanings set forth below:
1. The term assigned three-month period means the period that each
Purchaser will be assigned by DOE, giving due consideration to the
Purchaser's assignment preference, for purposes of reporting kilowatt
hours generated by the Purchaser's nuclear power reactor and for
establishing fees due and payable to DOE.
2. The term cask means a container for shipping spent nuclear fuel
and/or high-level radioactive waste which meets all applicable
regulatory requirements.
3. The term civilian nuclear power reactor means a civilian nuclear
powerplant required to be licensed under sections 103 or 104(b) of the
Atomic Energy Act of 1954, as amended (42 U.S.C. 2133, 2134(b)).
4. The term Commission means the United states Nuclear Regulatory
Commission.
5. The term contract means this agreement and any duly executed
amendment or modification thereto.
6. The term Contracting Officer means the person executing this
contract on behalf of the Government, and any other officer or civilian
employee who is a properly disignated Contracting Officer of the DOE;
and the term includes, except as otherwise provided in this contract,
the authorized representative of a Contracting Officer acting within the
limits of his authority.
7. The term delivery means the transfer of custody, f.o.b. carrier,
of spent nuclear fuel or high-level radioactive waste from Purchaser to
DOE at the Purchaser's civilian nuclear power reactor or such other
domestic site as may be designated by the Purchaser and approved by DOE.
8. The term disposal means the emplacement in a repository of high-
level radioactive waste, spent nuclear fuel, or other highly radioactive
waste with no foreseeable intent of recovery, whether or not such
emplacement permits recovery of such waste.
9. The term DOE means the United States Department of Energy or any
duly authorized representative thereof, including the Contracting
Officer.
10. The term DOE facility means a facility operated by or on behalf
of DOE for the purpose of disposing of spent nuclear fuel and/or high-
level radioactive waste, or such other facility(ies) to which spent
nuclear fuel and/or high-level radioactive waste may be shipped by DOE
prior to its transportation to a disposal facility.
11. The term full cost recovery, means the recoupment by DOE,
through Purchaser fees and any interest earned, of all direct costs,
indirect costs, and all allocable overhead, consistent with generally
accepted accounting principles consistently applied, of providing
disposal services and conducting activities authorized by the Nuclear
Waste Policy Act of 1982 (Pub. L. 97-425). As used herein, the term cost
includes the application of Nuclear Waste Fund moneys for those uses
expressly set forth in section 302 (d) and (e) of the said Act and all
other uses specified in the Act.
12. The term high-level radioactive waste (HLW) means--
(a) the highly radioactive material resulting from the reprocessing
of spent nuclear fuel, including liquid waste produced directly in
reprocessing and any solid material derived from such liquid waste that
contains fission products in sufficient concentrations; and
(b) other highly radioactive material that the Commission,
consistent with existing law, determines by rule requires permanent
isolation.
13. The term electricity (kilowatt hours) generated and sold means
gross electrical output produced by a civilian nuclear power reactor
measured at the output terminals of the turbine generator minus the
normal onsite nuclear station service loads during the time electricity
is being generated multiplied by the total energy adjustment factor. For
purposes of this provision, the following definition shall apply:
a. The term Total Energy Adjustment Factor (TEAF) means the sum of
individual owners' weighted energy adjustment factors.
b. The term Weighted Energy Adjustment Factor (WEAF) means the
product of an owner's energy adjustment factor times the owner's share
of the plant.
c. The term Owner's Energy Adjustment Factor (OEAF) means the sum of
the individual owner's adjustment for sales to ultimate consumers and
adjustment for sales for resale.
d. The term Owner's Share of the plant (OS) means the owner's
fraction of metered electricity sales, the owner's fraction of plant
ownership, or the sponsor company's fixed entitlement percentage of the
plant's output. This definition includes joint owners of generating
companies or participants in a generation and transmission cooperative.
e. The term Adjustment for Sales to ultimate Consumer (ASC) means
the owner's fraction of sales to the ultimate consumer multiplied by the
owner's sales to ultimate consumer adjustment factor.
f. The term Fraction of Sales to ultimate Consumer (FSC) means the
owner's fractional quantity of electricity sold to the ultimate
[[Page 689]]
consumer relative to the total of electricity sales (sales to ultimate
consumers plus the sales for resale).
g. The term Sales to ultimate Consumer Adjustment Factor (SCAF)
means one minus the quotient of all electricity lost or otherwise not
sold for each owner divided by the total electricity available for
disposition to ultimate consumers. Electricity lost or otherwise not
sold includes:
(1) Energy furnished without charge;
(2) Energy used by the company;
(3) Transmission losses;
(4) Distribution losses; and
(5) Other unaccounted losses as reported to the Federal Government
``Annual Report of Major Electric Utilities, Licensees and Others,''
Federal Energy Regulatory Commission (FERC) Form No.1; Rural
Electrification Administration (REA) Forms 7 and 11 if appropriate; or
the ``Annual Electric Utility Report,'' Energy Information
Administration (EIA) Form EIA-861.
h. The term Total Electricity Available for Disposition to Ultimate
Consumers means the reporting year's total of all of a utility's
electricity supply which is available for disposition, expressed in
kilowatt hours, and is equal to the sum of the energy sources minus the
electricity sold for resale by the utility.
i. The term Adjustment for Sales for Resale (ASR) means the owner's
fraction of sales for resale multiplied by the national average
adjustment factor.
j. The term Fraction of Sales for Resale (FSR) means the owner's
fractional quantity of electricity sold for resale by the utility
relative to the total of electricity sales.
k. The term National Average Adjustment Factor (NAF) means the ratio
of the national total of electricity sold to the national total of
electricity available for disposition, based on the most recent 3 years
of national data provided to the Federal Government, and will be set by
the Contracting Officer. This term will be evaluated annually and
revised in increments of .005.
l. Pumped storage losses. If the proportion of nuclear generated
electricity consumed by a pumped-storage hydro facility can be measured
or estimated and if the electricity losses associated with pumped
storage facilities can be documented (e.g. based on routine and uniform
records of district power data on contributions from different
electricity sources), a prorated nuclear share shall be allowed as an
offset to gross electricity generation reported on the annex A of
appendix G, NWPA-830G form. Specific methodologies for calculating these
offsets must be approved by the Contracting Officer in advance.
Instructions to annex A of appendix G, NWPA-830G provide the
necessary information to calculate the energy adjustment factors.
14. The term metric tons uranium means that measure of weight,
equivalent to 2,204.6 pounds of uranium and other fissile and fertile
material that are loaded into a reactor core as fresh fuel.
15. The term Purchaser's site means the location of Purchaser's
civilian nuclear power reactor or such other location as the Purchaser
may designate.
16. The term quarterly Treasury rate means the current value of
funds rate as specified by the Treasury Fiscal Requirements Manual,
Volume 1, Part 6, section 8020.20. This rate is published quarterly in
the Federal Register prior to the beginning of the affected quarter.
17. The term shipping lot means a specified quantity of spent
nuclear fuel or high-level radioactive waste designated by Purchaser for
delivery to DOE beginning on a specified date.
18. The term spent nuclear fuel (SNF) means fuel that has been
withdrawn from a nuclear reactor following irradiation, the
consistituent elements of which have not been separated by reprocessing.
19. The term spent nuclear fuel and high-level radioactive waste of
domestic origin means irradiated fuel material used, and radioactive
wastes resulting from such use, in nuclear power reactors located only
in the United States.
20. The term year means the period which begins on October 1 and
ends on September 30.
Article II--Scope
This contract applies to the delivery by Purchaser to DOE of SNF
and/or HLW of domestic origin from civilian nuclear power reactors,
acceptance of title by DOE to such SNF and/or HLW, subsequent
transportation, and disposal of such SNF and/or HLW and, with respect to
such material, establishes the fees to be paid by the Purchaser for the
services to be rendered hereunder by DOE. The SNF and/or HLW shall be
specified in a delivery commitment schedule as provided in Article V
below. The services to be provided by DOE under this contract shall
begin, after commencement of facility operations, not later than January
31, 1998 and shall continue until such time as all SNF and/or HLW from
the civilian nuclear power reactors specified in appendix A, annexed
hereto and made a part hereof, has been disposed of.
Article III--Term
The term of this contract shall be from the date of execution until
such time as DOE has accepted, transported from the Purchaser's site(s)
and disposed of all SNF and/or HLW of domestic origin from the civilian
nuclear power reactor(s) specified in appendix A.
[[Page 690]]
Article IV--Responsibilities of the Parties
A. Purchaser's Responsibilities
1. Discharge Information.
(a) On an annual basis, commencing October 1, 1983, the Purchaser
shall provide DOE with information on actual discharges to date and
projected discharges for the next ten (10) years in the form and content
set forth in appendix B, annexed hereto and made a part hereof. The
information to be provided will include estimates and projections and
will not be Purchaser's firm commitment with respect to discharges or
deliveries.
(b) No later than October 1, 1983, the Purchaser shall provide DOE
with specific information on:
(1) Total spent nuclear fuel inventory as of April 7, 1983;
(2) Total number of fuel assemblies removed from the particular
reactor core prior to 12:00 a.m. April 7, 1983 for which there are plans
for reinsertion in the core, indicating the current planned dates for
reinsertion in the core. Estimates of the burned and unburned portion of
each individual assembly are to be provided.
(c) In the event that the Purchaser fails to provide the annual
forecast in the form and content required by DOE, DOE may, in its sole
discretion, require a rescheduling of any delivery commitment schedule
then in effect.
2. Preparation for Transportation.
(a) The Purchaser shall arrange for, and provide, all preparation,
packaging, required inspections, and loading activities necessary for
the transportation of SNF and/or HLW to the DOE facility. The Purchaser
shall notify DOE of such activities sixty (60) days prior to the
commencement of such activities. The preparatory activities by the
Purchaser shall be made in accordance with all applicable laws and
regulations relating to the Purchaser's responsibilities hereunder. DOE
may designate a representative to observe the preparatory activities
conducted by the Purchaser at the Purchaser's site, and the Purchaser
shall afford access to such representative.
(b) Except as otherwise agreed to by DOE, the Purchaser shall advise
DOE, in writing as specified in appendix F, annexed hereto and made a
part hereof, as to the description of the material in each shipping lot
sixty (60) days prior to scheduled DOE transportation of that shipping
lot.
(c) The Purchaser shall be responsible for incidental maintenance,
protection and preservation of any and all shipping casks furnished to
the Purchaser by DOE for the performance of this contract. The Purchaser
shall be liable for any loss of or damage to such DOE-furnished
property, and for expenses incidental to such loss or damage while such
casks are in the possession and control of the Purchaser except as
otherwise provided for hereunder. Routine cask maintenance, such as
scheduled overhauls, shall not be the responsibility of the Purchaser.
B. DOE Responsibilities
1. DOE shall accept title to all SNF and/or HLW, of domestic origin,
generated by the civilian nuclear power reactor(s) specified in appendix
A, provide subsequent transportation for such material to the DOE
facility, and dispose of such material in accordance with the terms of
this contract.
2. DOE shall arrange for, and provide, a cask(s) and all necessary
transportation of the SNF and/or HLW from the Purchaser's site to the
DOE facility. Such cask(s) shall be furnished sufficiently in advance to
accommodate scheduled deliveries. Such cask(s) shall be suitable for use
at the Purchaser's site, meet applicable regulatory requirements, and be
accompanied by pertinent information including, but not limited to, the
following:
(a) Written procedures for cask handling and loading, including
specifications on Purchaser-furnished cannisters for containment of
failed fuel;
(b) Training for Purchaser's personnel in cask handling and loading,
as may be necessary;
(c) Technical information, special tools, equipment, lifting
trunnions, spare parts and consumables needed to use and perform
incidental maintenance on the cask(s); and
(d) Sufficient documentation on the equipment supplied by DOE.
3. DOE may fulfill any of its obligations, or take any action, under
this contract either directly or through contractors.
4. DOE shall annually provide to the Purchaser pertinent information
on the waste disposal program including information on cost projections,
project plans and progress reports.
5. (a) Beginning on April 1, 1991, DOE shall issue an annual
acceptance priority ranking for receipt of SNF and/or HLW at the DOE
repository. This priority ranking shall be based on the age of SNF and/
or HLW as calculated from the date of discharge of such material from
the civilian nuclear power reactor. The oldest fuel or waste will have
the highest priority for acceptance, except as provided in paragraphs B
and D of Article V and paragraph B.3 of Article VI hereof.
(b) Beginning not later than July 1, 1987, DOE shall issue an annual
capacity report for planning purposes. This report shall set forth the
projected annual receiving capacity for the DOE facility(ies) and the
annual acceptance ranking relating to DOE contracts for the disposal of
SNF and/or HLW including, to the extent available, capacity information
for ten (10) years following the
[[Page 691]]
projected commencement of operation of the initial DOE facility.
Article V--Delivery of SNF and/or HLW
A. Description of SNF and HLW
The Purchaser shall deliver to DOE and DOE shall, as provided in
this contract, accept the SNF and/or HLW which is described in
accordance with Article VI.A. of this contract, for disposal thereof.
B. Delivery Commitment Schedule
1. Delivery commitment schedule(s), in the form set forth in
appendix C annexed hereto and made a part hereof, for delivery of SNF
and/or HLW shall be furnished to DOE by Purchaser. After DOE has issued
its proposed acceptance priority ranking, as described in paragraph B.5
of Article IV hereof, beginning January 1, 1992 the Purchaser shall
submit to DOE the delivery commitment schedule(s) which shall identify
all SNF and/or HLW the Purchaser wishes to deliver to DOE beginning
sixty-three (63) months thereafter. DOE shall approve or disapprove such
schedules within three (3) months after receipt. In the event of
disapproval, DOE shall advise the Purchaser in writing of the reasons
for such disapproval and request a revised schedule from the Purchaser,
to be submitted to DOE within thirty (30) days after receipt of DOE's
notice of disapproval.
2. DOE shall approve or disapprove such revised schedule(s) within
sixty (60) days after receipt. In the event of disapproval, DOE shall
advise the Purchaser in writing of the reasons for such disapproval and
shall submit its proposed schedule(s). If these are not acceptable to
the Purchaser, the parties shall promptly seek to negotiate mutually
acceptable schedule(s). Purchaser shall have the right to adjust the
quantities of SNF and/or HLW plus or minus ()
twenty percent (20%), and the delivery schedule up to two (2) months,
until the submission of the final delivery schedule.
C. Final Delivery Schedule
Final delivery schedule(s), in the form set forth in appendix D,
annexed hereto and made a part hereof, for delivery of SNF and/or HLW
covered by an approved delivery commitment schedule(s) shall be
furnished to DOE by Purchaser. The Purchaser shall submit to DOE final
delivery schedules not less than twelve (12) months prior to the
delivery date specified therein. DOE shall approve or disapprove a final
delivery schedule within forty-five (45) days after receipt. In the
event of disapproval, DOE shall advise the Purchaser in writing of the
reasons for such disapproval and shall request a revised schedule from
the Purchaser, to be submitted to DOE within thirty (30) days after
receipt of DOE's notice of disapproval. DOE shall approve or disapprove
such revised schedule(s) within sixty (60) days after receipt. In the
event of disapproval, DOE shall advise the Purchaser in writing of the
reasons for such disapproval and shall submit its proposed schedule(s).
If these are not acceptable to the Purchaser, the parties shall promptly
seek to negotiate mutually acceptable schedule(s).
D. Emergency Deliveries
Emergency deliveries of SNF and/or HLW may be accepted by DOE before
the date provided in the delivery commitment schedule upon prior written
approval by DOE.
E. Exchanges
Purchaser shall have the right to determine which SNF and/or HLW is
delivered to DOE; provided, however, that Purchaser shall comply with
the requirements of this contract. Purchaser shall have the right to
exchange approved delivery commitment schedules with parties to other
contracts with DOE for disposal of SNF and/or HLW; provided, however,
that DOE shall, in advance, have the right to approve or disapprove, in
its sole discretion, any such exchanges. Not less than six (6) months
prior to the delivery date specified in the Purchaser's approved
delivery commitment schedule, the Purchaser shall submit to DOE an
exchange request, which states the priority rankings of both the
Purchaser hereunder and any other Purchaser with whom the exchange of
approved delivery commitment schedules is proposed. DOE shall approve or
disapprove the proposed exchange within thirty (30) days after receipt.
In the event of disapproval, DOE shall advise the Purchaser in writing
of the reasons for such disapproval.
Article VI--Criteria for Disposal
A. General Requirements
1. Criteria.
(a) Except as otherwise provided in this contract, DOE shall accept
hereunder only such SNF and/or HLW which meets the General
Specifications for such fuel and waste as set forth in appendix E,
annexed hereto and made a part hereof.
(b) Purchaser shall accurately classify SNF and/or HLW prior to
delivery in accordance with paragraphs B and D of appendix E.
2. Procedures.
(a) Purchaser shall provide to DOE a detailed description of the SNF
and/or HLW to be delivered hereunder in the form and content as set
forth in appendix F, annexed hereto and made a part hereof. Purchaser
shall promptly advise DOE of nay changes in said SNF and/or HLW as soon
as they become known to the purchaser.
(b) DOE's obligation for disposing of SNF under this contract also
extends to other
[[Page 692]]
than standard fuel; however, for any SNF which has been designated by
the Purchaser as other than standard fuel, as that term is defined in
appendix E, the Purchaser shall obtain delivery and procedure
confirmation from DOE prior to delivery. DOE shall advise Purchaser
within sixty (60) days after receipt of such confirmation request as to
the technical feasibility of disposing of such fuel on the currently
agreed to schedule and any schedule adjustment for such services.
B. Acceptance Procedures
1. Acceptance Priority Ranking.
Delivery commitment schedules for SNF and/or HLW may require the
disposal or more material than the annual capacity of the DOE disposal
facility (or facilities) can accommodate. The following acceptance
priority ranking will be utilized:
(a) Except as may be provided for in subparagraph (b) below and
Article V.D. of this contract, acceptance priority shall be based upon
the age of the SNF and/or HLW as calculated from the date of discharge
of such material from the civilian nuclear power reactor. DOE will first
accept from Purchaser the oldest SNF and/or HLW for disposal in the DOE
facility, except as otherwise provided for in paragraphs B and D of
Article V.
(b) Notwithstanding the age of the SNF and/or HLW, priority may be
accorded any SNF and/or HLW removed from a civilian nuclear power
reactor that has reached the end of its useful life or has been shut
down permanently for whatever reason.
2. Verification of SNF and/or HLW.
During cask loading and prior to acceptance by DOE for
transportation to the DOE facility, the SNF and/or HLW description of
the shipping lot shall be subject to verification by DOE. To the extent
the SNF and/or HLW is consistent with the description submitted and
approved, in accordance with appendices E and F, DOE agrees to accept
such SNF and/or HLW for disposal when DOE has verified the SNF and/or
HLW description, determined the material is properly loaded, packaged,
marked, labeled and ready for transportation, and has taken custody, as
evidenced in writing, of the material at the Purchaser's site, f.o.b.
carrier. A properly executed off-site radioactive shipment record
describing cask contents must be prepared by the Purchaser along with a
signed certification which states: ``This is to certify that the above-
named materials are properly described, classified, packaged, marked and
labeled and are in proper condition for transfer according to the
applicable regulations of the U. S. Department of Transportation.''
3. Improperly described SNF and/or HLW.
(a) Prior to Acceptance-- If SNF and/or HLW is determined by DOE to
be improperly described prior to acceptance by DOE at the Purchaser's
site, DOE shall promptly notify the Purchaser in writing of such
determination. DOE reserves the right, in its sole discretion, to refuse
to accept such SNF and/or HLW until the SNF and/or HLW has been properly
described. The Purchaser shall not transfer such SNF and/or HLW to DOE
unless DOE agrees to accept such SNF and/or HLW under such other
arrangements as may be agreed to, in writing, by the parties.
(b) After Acceptance-- If subsequent to its acceptance DOE finds
that such SNF and/or HLW is improperly described, DOE shall promptly
notify the Purchaser, in writing, of such finding. In the event of such
notification, Purchaser shall provide DOE with a proper designation
within thirty (30) days. In the event of a failure by the Purchaser to
provide such proper designation, DOE may hold in abeyance any and all
deliveries scheduled hereunder.
Article VII--Title
Title to all SNF and/or HLW accepted by DOE for disposal shall pass
to DOE at the Purchaser's site as provided for in Article VI hereof. DOE
shall be solely repsonsible for control of all material upon passage of
title. DOE shall have the right to dispose as it sees fit of any SNF
and/or HLW to which it has taken title. The Purchaser shall have no
claim against DOE or the Government with respect to such SNF or HLW nor
shall DOE or the Government be obligated to compensate the Purchaser for
such material.
Article VIII--Fees and Terms of Payment
A. Fees
1. Effective April 7, 1983, Purchaser shall be charged a fee in the
amount of 1.0 mill per kilowatt hour (1M/kWh) electricity generated and
sold.
2. For SNF, or solidified high-level radioactive waste derived from
SNF, which fuel was used to generate electricity in a civilian nuclear
power reactor prior to April 7, 1983, a one-time fee will be assessed by
applying industry-wide average dollar per kilogram charges to four (4)
distinct ranges of fuel burnup so that the integrated cost across all
discharged (i.e. spent) fuel is equivalent to an industry-wide average
charge of 1.0 mill per kilowatt-hour. For purposes of this contract,
discharged nuclear fuel is that fuel removed from the reactor core with
no plans for reinsertion. In the event that any such fuel withdrawn with
plans for reinsertion is not reinserted, then the applicable fee for
such fuel shall be calculated as set forth in this paragraph 2. The
categories of spent nuclear fuel burnup and the fee schedule are listed
below:
[[Page 693]]
[In 1982 dollars]
------------------------------------------------------------------------
Dollars
Nuclear spent fuel burnup range per
kilogram
------------------------------------------------------------------------
0 to 5,000 MWDT/MTU........................................... $80.00
5,000 to 10,000 MWDT/MTU...................................... 142.00
10,000 to 20,000 MWDT/MTU..................................... 162.00
Over 20,000 MWDT/MTU.......................................... 184.00
------------------------------------------------------------------------
This fee shall not be subject to adjustment, and the payment thereof
by the Purchaser shall be made to DOE as specified in paragraph B of
this Article VIII.
3. For in-core fuel as of April 7, 1983, that portion of the fuel
burned through April 6, 1983 shall be subject to the one-time fee as
calculated in accordance with the following methodology: [a] determine
the total weight in kilograms of unranium loaded initially in the
particular core; [b] determine the total megawatt-days (thermal) which
have been generated by all of the fuel assemblies in the said core as of
12:00 A.M. April 7, 1983; [c] divide the megawatt-days (thermal)
generated in the said core by the total metric tons of initially loaded
uranium in that core and multiply the quotient by the conversion factor
0.0078 to obtain a value in dollars per kilogram; and [d] multiply the
dollars per kilogram value by the kilograms determined in [a] above to
derive the dollar charge for the one-time fee to be paid for the
specified in-core fuel as of 12:00 A.M. April 7, 1983. For purposes of
this contract, in-core fuel is that fuel in the reactor core as of the
date specified, plus any fuel removed from the reactor with plans for
reinsertion. That portion of such fuel unburned as of 12:00 A.M. April
7, 1983 shall be subject to the 1.0 mill per kilowatt-hour charge.
4. DOE will annually review the adequacy of the fees and adjust the
1M/KWH fee, if necessary, in order to assure full cost recovery by the
Government. Any proposed adjustment to the said fee will be transmitted
to Congress and shall be effective after a period of ninety (90) days of
continuous session has elapsed following receipt of such transmittal
unless either House of Congress adopts a resolution disapproving the
proposed adjustment. Any adjustment to the 1M/KWH fee under paragraph
A.1. of this Article VIII shall be prospective.
B. Payment
1. For electricity generated and sold by the Purchaser's civilian
nuclear power reactor(s) on or after April 7, 1983, fees shall be paid
quarterly by the Purchaser and must be received by DOE not later than
the close of the last business day of the month following the end of
each assigned 3-month period. The first payment shall be due on July 31,
1983, for the period April 7, 1983, to June 30, 1983. (Add as
applicable: A one-time adjustment period payment shall be due on ------
----, for the period ---------- to ----------.) The assigned 3-month
period, for purposes of payment and reporting of electricity generated
and sold shall begin ----------.
2. For SNF discharged prior to April 7, 1983, and for in-core burned
fuel as of 12:00 A.M. April 7, 1983, the Purchaser shall, within two (2)
years of contract execution, select one of the following fee payment
options:
(a) Option 1-- The Purchaser's financial obligation for said fuel
shall be prorated evenly over forty (40) quarters and will consist of
the fee plus interest on the outstanding fee balance. The interest from
April 7, 1983, to date of the first payment is to be calculated based
upon the 13-week Treasury bill rate, as reported on the first such
issuance following April 7, 1983, and compounded quarterly thereafter by
the 13-week Treasury bill rates as reported on the first such issuance
of each succeeding assigned three-month period. Beginning with the first
payment, interest is to be calculated on Purchaser's financial
obligation plus accrued interest, at the ten-year Treasury note rate in
effect on the date of the first payment. In no event shall the end of
the forty (40) quarters extend beyond the first scheduled delivery date
as reflected in the DOE-approved delivery commitment schedule. All
payments shall be made concurrently with the assigned three month period
payments. At any time prior to the end of the forty (40) quarters,
Purchaser may, without penalty, make a full or partial lump sum payment
at any of the assigned three month period payment dates. Subsequent
quarterly payments will be appropriately reduced to reflect the
reduction in the remaining balance in the fee due and payable. The
remaining financial obligation, if any, will be subject to interest at
the same ten-year Treasury note rate over the remainder of the ten year
period.
(b) Option 2-- The Purchaser's financial obligation shall be paid in
the form of a single payment anytime prior to the first delivery, as
reflected in the DOE approved delivery commitment schedule, and shall
consist of the fee plus interest on the outstanding fee balance.
Interest is to be calculated from April 7, 1983, to the date of the
payment based upon the 13-week Treasury bill rate, as reported on the
first such issuance following April 7, 1983, and compounded quarterly
thereafter by the 13-week Treasury bill rates as reported on the first
such issuance of each succeeding assigned three-month period until
payment.
(c) Option 3-- The Purchaser's financial obligation shall be paid
prior to June 30, 1985, or prior to two (2) years after contract
execution, whichever comes later, in the form of a single payment and
shall consist of all outstanding fees for SNF and in-core fuel burned
prior to April 7, 1983. Under this option, no interest shall be due to
DOE from April 7,
[[Page 694]]
1983, to the date of full payment on the outstanding fee balance.
3. Method of Payment:
(a) Payments shall be made by wire transfer, in accordance with
instructions specified by DOE in appendix G, annexed hereto and made a
part hereof, and must be received within the time periods specified in
paragraph B.1. of this Article VIII.
(b) The Purchaser will complete a Standard Remittance Advice, as set
forth in appendix G, for each assigned three month period payment, and
mail it postmarked no later than the last business day of the month
following each assigned three month period to Department of Energy,
Office of Controller, Cash Management Division, Box 500, Room D-208,
Germantown, Maryland 20874.
4. Any fees not paid on a timely basis or underpaid because of
miscalculation will be subject to interest as specified in paragraph C
of this Article VIII.
C. Interest on Late Fees
1. DOE will notify the Purchaser of amounts due only when unpaid or
underpaid by the dates specified in paragraph B above. Interest will be
levied according to the following formula:
Interest=Unpaid balance due to DOE for assigned three month period x
Quarterly Treasury rate plus six percent (6%) x Number of months late
including month of payment (fractions rounded up to whole months) / 12
2. Interest is payable at any time prior to the due date for the
subsequent assigned three month period fee payment. Nonpayment by the
end of the subsequent assigned three month period will result in
compounding of interest due. Purchaser shall complete a Standard
Remittance Advice of interest payments.
3. Following the assessment of a late fee by DOE, payments will be
applied against accrued interest first and the principal thereafter.
D. Effect of Payment
Upon payment of all applicable fees, interest and penalties on upaid
or underpaid amounts, the Purchaser shall have no further financial
obligation to DOE for the disposal of the accepted SNF and/or HLW.
E. Audit
1. The DOE or its representative shall have the right to perform any
audits or inspections necessary to determine whether Purchaser is paying
the correct amount under the fee schedule and interest provisions set
forth in paragraphs A, B and C above.
2. Nothing in this contract shall be deemed to preclude an audit by
the General Accounting Office of any transaction under this contract.
3. The Purchaser shall furnish DOE with such records, reports and
data as may be necessary for the determination of quantities delivered
hereunder and for final settlement of amounts due under this contract
and shall retain and make available to DOE and its authorized
representative examination at all reasonable times such records, reports
and data for a period of three (3) years from the completion of delivery
of all material under this contract.
Article IX--Delays
A. Unavoidable Delays by Purchaser or DOE
Neither the Government nor the Purchaser shall be liable under this
contract for damages caused by failure to perform its obligations
hereunder, if such failure arises out of causes beyond the control and
without the fault or negligence of the party failing to perform. In the
event circumstances beyond the reasonable control of the Purchaser or
DOE--such as acts of God, or of the public enemy, acts of Government in
either its sovereign or contractual capacity, fires, floods, epidemics,
quarantine restrictions, strikes, freight embargoes and unusually severe
weather--cause delay in scheduled delivery, acceptance or transport of
SNF and/or HLW, the party experiencing the delay will notify the other
party as soon as possible after such delay is ascertained and the
parties will readjust their schedules, as appropriate, to accommodate
such delay.
B. Avoidable Delays by Purchaser or DOE
In the event of any delay in the delivery, acceptance or transport
of SNF and/or HLW to or by DOE caused by circumstances within the
reasonable control of either the Purchaser or DOE or their respective
contractors or suppliers, the charges and schedules specified by this
contract will be equitably adjusted to reflect any estimated additional
costs incurred by the party not responsible for or contributing to the
delay.
Article X--Suspension
A. In addition to any other rights DOE may have hereunder, DOE
reserves the right, at no cost to the Government, to suspend this
contract or any portion thereof upon written notice to the Purchaser
within ninety (90) days of the Purchaser's failure to perform its
obligations hereunder, and the Purchaser's failure to take corrective
action within thirty (30) days after written notice of such failure to
perform as provided above, unless such failure shall arise from causes
beyond the control and without the fault or negligence of the Purchaser,
its contractors or agents. However, the Purchaser's obligation to pay
fees required hereunder shall continue unaffected by any suspension. Any
such suspension shall be rescinded if and
[[Page 695]]
when DOE determines that Purchaser has completed corrective action.
B. The DOE reserves the right to suspend any scheduled deliveries in
the event that a national emergency requires that priority be given to
Government programs to the exclusion of the work under this contract. In
the event of such a suspension by the Government, the DOE shall refund
that portion of payments representing services not delivered as
determined by the Contracting Officer to be an equitable adjustment. Any
disagreement arising from the refund payment, if any, shall be resolved
as provided in the clause of this contract, entitled ``DISPUTES.''
Article XI--Remedies
Nothing in this contract shall be construed to preclude either party
from asserting its rights and remedies under the contract or at law.
Article XII--Notices
All notices and communications between the parties under this
contract (except notices published in the Federal Register) shall be in
writing and shall be sent to the following addressees:
To DOE:_________________________________________________________________
________________________________________________________________________
________________________________________________________________________
To the Purchaser:_______________________________________________________
________________________________________________________________________
________________________________________________________________________
However, the parties may change the addresses or addressees for such
notices or communications without formal modification to this contract;
provided, however, that notice of such changes shall be given by
registered mail.
Article XIII--Representation Concerning Nuclear Hazards Indemnity
A. DOE represents that it will include in its contract(s) for the
operation of any DOE facility an indemnity agreement based upon Section
170(d) of the Atomic Energy Act of 1954, as amended, a copy of which
agreement shall be furnished to the Purchaser; that under said
agreement, DOE shall have agreed to indemnify the contractor and other
persons indemnified against claims for public liability (as defined in
said Act) arising out of or in connection with contractual activities;
that the indemnity shall apply to covered nuclear incidents which (1)
take place at a contract location; or (2) arise out of or in the course
of transportation of source, special nuclear or by-product material to
or from a contract location. The obligation of DOE to indemnify shall be
subject to the conditions stated in the indemnity agreement.
B. The provisions of this Article XIII shall continue beyond the
term of this contract.
Article XIV--Assignment
The rights and duties of the Purchaser may be assignable with
transfer of title to the SNF and/or HLW involved; provided, however,
that notice of any such transfer shall be made to DOE within ninety (90)
days of transfer.
Article XV--Amendments
The provisions of this contract has been developed in the light of
uncertainties necessarily attendant upon long-term contracts.
Accordingly, at the request of either DOE or Purchaser, the parties will
negotiate and, to the extent mutually agreed, amend this contract as the
parties may deem to be necessary or proper to reflect their respective
interests; provided, however, that any such amendment shall be
consistent with the DOE final rule published in the Federal Register on
April 18, 1983 entitled, ``Standard Contract for Disposal or SNF and/or
HLW'', as the same may be amended from time to time.
Article XVI--Disputes
A. Except as otherwise provided in this contract, any dispute
concerning a question of fact arising under this contract which is not
disposed of by agreement shall be decided by the Contracting Officer,
who shall reduce his decision to writing and mail or otherwise furnish a
copy thereof to the Purchaser. The decision of the Contracting Officer
shall be final and conclusive unless within ninety (90) days from the
date of receipt of such copy, the Purchaser mails or otherwise furnishes
to the Contracting Officer a written appeal addressed to the DOE Board
of Contract Appeals (Board). The decision of the Board shall be final
and conclusive unless determined by a court of competent jursidiction to
have been fraudulent, or capricious, or arbitrary, or so grossly
erroneous as necessarily to imply bad faith or not supported by
substantial evidence. In connection with any appeal proceeding under
this clause, the Purchaser shall proceed diligently with the performance
of the contract and in accordance with the Contracting Officer's
decision.
B. For Purchaser claims of more than $50,000, the Purchaser shall
submit with the claim a certification that the claim is made in good
faith; the supporting data are accurate and complete to the best of the
Purchaser's knowledge and belief; and the amount requested accurately
reflects the contract adjustment for which the Purchaser believes the
Government is liable. The certification shall be executed by the
Purchaser if an individual. When the Purchaser is not an individual, the
certification shall be executed by a senior company official in charge
at the Purchaser's plant or location involved, or by an officer or
general partner of
[[Page 696]]
the Purchaser having overall responsibility for the conduct of the
Purchaser's affairs.
C. For Purchaser claims of $50,000 or less, the Contracting Officer
must render a decision within sixty (60) days. For Purchaser claims in
excess of $50,000, the Contracting Officer must decide the claim within
sixty (60) days or notify the Purchaser of the date when the decision
will be made.
D. This ``Disputes'' clause does not preclude consideration of law
questions in connection with decisions provided for in paragraph A
above; provided, however, that nothing in this contract shall be
construed as making final the decision of any administrative official,
representative, or board on a question of law.
Article XVII--Officials Not To Benefit
No member of or delegate to Congress or resident commissioner shall
be admitted to any share or part of this contract, or to any benefit
that may arise therefrom, but this provision shall not be construed to
extend to this contract if made with a corporation for its general
benefit.
Article XVIII--Covenant Against Contingent Fees
The Purchaser warrants that no person or selling agency has been
employed or retained to solicit or secure this contract upon an
agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Purchaser for the
purpose of securing business. For breach or violation of this warranty,
the Government shall have the right to annul this contract without
liability or in its discretion to increase the contract price or
consideration, or otherwise recover, the full amount of such commission,
brokerage, or contingent fee.
Article XIX--Examination of Records
The Purchaser agrees that the Comptroller General of the United
States or any of his duly authorized representatives shall have access
to and the right to examine any directly pertinent books, documents,
papers and records of the Purchaser involving transactions related to
this contract until the expiration of three years after final payment
under this contract.
Article XX--Permits
The Government and the Purchaser shall procure all necessary permits
or licenses (including any special nuclear material licenses) and comply
with all applicable laws and regulations of the United States, States
and municipalities necessary to execute their respective
responsibilities and obligations under this contract.
Article XXI--Rights in Technical Data
A. Definitions.
1. Technical data means recorded information regardless of form or
characteristic, of a specific or technical nature. It may, for example,
document research, experimental, developmental, or demonstration, or
engineering work, or be usable or used to define a design or process, or
to procure, produce, support, maintain or operate material. The data may
be graphic or pictorial delineations in media such as drawings or
photographs, text in specifications or related performance or design-
type documents or computer software (including computer programs,
computer software data bases, and computer software documentation).
Examples of technical data include research and engineering data,
engineering drawings and associated lists, specifications, standards,
process sheets, manuals, technical reports, catalog item identification,
and related information. Technical data as used herein do not include
financial reports, cost analyses, and other information incidental to
contract administration.
2. Proprietary data means technical data which embody trade secrets
developed at private expense, such as design procedures or techniques,
chemical composition of materials, or manufacturing methods, processes,
or treatments, including minor modifications thereof, provided that such
data:
(a) Are not generally known or available from other sources without
obligation concerning their confidentiality;
(b) Have not been made available by the owner to others without
obligation concerning its confidentiality; and
(c) Are not already available to the Government without obligation
concerning their confidentiality.
3. Contract data means technical data first produced in the
performance of the contract, technical data which are specified to be
delivered under the contract, or technical data actually delivered in
connection with the contract.
4. Unlimited rights means rights to use, duplicate, or disclose
technical data, in whole or in part, in any manner and for any purpose
whatsoever, and to permit others to do so.
B. Allocation of Rights.
1. The Government shall have:
(a) Unlimited rights in contract data except as otherwise provided
below with respect to proprietary data properly marked as authorized by
this clause;
(b) The right to remove, cancel, correct or ignore any marking not
authorized by the terms of this contract on any technical data furnished
hereunder, if in response to a written inquiry by DOE concerning the
proprietary nature of the markings, the Purchaser
[[Page 697]]
fails to respond thereto within 60 days or fails to substantiate the
proprietary nature of the markings. In either case, DOE will notify the
Purchaser of the action taken;
(c) No rights under this contract in any technical data which are
not contract data.
2. Subject to the foregoing provisions of this rights in technical
data clause, the Purchaser shall have the right to mark proprietary data
it furnishes under the contract with the following legend and no other,
the terms of which shall be binding on the Government:
Limited Rights Legend
This ``proprietary data,'' furnished under ``Contract No. ----''
with the U.S. Department of Energy may be duplicated and used by the
Government with the express limitations that the ``proprietary data''
may not be disclosed outside the Government or be used for purposes of
manufacture without prior permission of the Purchaser, except that
further disclosure or use may be made solely for the following purposes:
(a) This ``proprietary data'' may be disclosed for evaluation
purposes under the restriction that the ``proprietary data'' be retained
in confidence and not be further disclosed;
(b) This ``proprietary data'' may be disclosed to contractors
participating in the Government's program of which this contract is a
part, for information or use in connection with the work performed under
their contracts and under the restriction that the ``proprietary data''
be retained in confidence and not be further disclosed; or
(c) This ``proprietary data'' may be used by the Government or
others on its behalf for emergency work under the restriction that the
``proprietary data'' be retained in confidence and not be further
disclosed. This legend shall be marked on any reproduction of this data
in whole or in part.
3. In the event that proprietary data of a third party, with respect
to which the Purchaser is subject to restrictions on use or disclosure,
is furnished with the Limited Rights Legend above, Purchaser shall
secure the agreement of such third party to the rights of the Government
as set forth in the Limited Rights Legend. DOE shall upon request
furnish the names of those contractors to which proprietary data has
been disclosed.
Article XXII--Entire Contract
A. This contract, which consists of Articles I through XXII and
appendices A through G, annexed hereto and made a part hereof, contains
the entire agreement between the parties with respect to the subject
matter hereof. Any representation, promise, or condition not
incorporated in this contract shall not be binding on either party. No
course of dealing or usage of trade or course of performance shall be
relevant to explain or supplement any provision contained in this
contract.
B. Nothing in this contract is intended to affect in any way the
contractual obligation of any other persons with whom the Purchaser may
have contracted with respect to assuming some or all disposal costs or
to accept title to SNF and/or HLW.
C. Appendices
A. Nuclear Power Reactor(s) or Other Facilities Covered
B. Discharge Information (Ten Year; Annual)
C. Delivery Commitment Schedule
D. Final Delivery Schedule
E. General Specifications
F. Detailed Description of Purchaser's Fuel
G. Standard Remittance Advice For Payment of Fees
In witness whereof, the parties hereto have executed this contract
as of the day and year first above written.
United States of America
United States Department of Energy
By:_____________________________________________________________________
(Contracting Officer)
Witnesses as to Execution on Behalf of Purchaser
(Name)__________________________________________________________________
(Address)_______________________________________________________________
(Name)__________________________________________________________________
(Address)_______________________________________________________________
(Purchaser's Company Name)
By:_____________________________________________________________________
Title:__________________________________________________________________
I, (Name), certify that I am the (Title) of the corporation named as
Purchaser herein; that (Name) who signed this document on behalf of the
Purchaser was then (Title) of said corporation; that said document was
duly signed for and on behalf of said corporation by authority of its
governing body and is within the scope of its corporate powers.
In Witness Whereof, I have hereunto affixed my hand and the seal of
said corporation this ---- day of ----, 1983
(Corporate Seal)
(Signature)_____________________________________________________________
Appendix A
Nuclear Power Reactor(s) or Other Facilities Covered
Purchaser_______________________________________________________________
Contract Number/Date ----/----__________________________________________
Reactor/Facility Name___________________________________________________
Location:
Street__________________________________________________________________
City____________________________________________________________________
County/State --------/__________________________________________________
Zip Code________________________________________________________________
Capacity (MWE)--Gross___________________________________________________
Reactor Type:
BWR [squ]
PWR [squ]
[[Page 698]]
Other (Identify)_______________________________________________________
Facility Description____________________________________________________
Date of Commencement of Operation_______________________________________
(actual or estimated)
NRC License :__________________________________________________
By Purchaser:
Signatue________________________________________________________________
Title___________________________________________________________________
Date____________________________________________________________________
Appendix B
Ten Year Discharge Forecast
To be used for DOE planning purposes only and does not represent a
firm commitment by Purchaser.
Purchaser_______________________________________________________________
Contract Number/Date --------/__________________________________________
Reactor/Facility Name___________________________________________________
Location:
Street__________________________________________________________________
City____________________________________________________________________
County/State --------/__________________________________________________
Zip Code
Type: BWR [squ]
PWR [squ]
Other (Identify)________________________________________________________
----------------------------------------------------------------------------------------------------------------
10 yr
1 2 3 4 5 6 7 8 9 10 total
----------------------------------------------------------------------------------------------------------------
Discharge date--mo/yr (or
refueling shut down date).......
Metric tons:
--initial....................
--discharged.................
Number of assemblies discharged
(per cycle).....................
----------------------------------------------------------------------------------------------------------------
By Purchaser:
Signature_______________________________________________________________
Title___________________________________________________________________
Date____________________________________________________________________
Appendix B (Enclosure 1)
Actual Discharges
Purchaser_______________________________________________________________
Contract Number/Date____________________________________________________
Reactor/Facility Name___________________________________________________
Location:
Street__________________________________________________________________
City____________________________________________________________________
County/State____________________________________________________________
Zip Code________________________________________________________________
Type:
BWR [squ]
PWR [squ]
Other (Identify)________________________________________________________
Refueling Shutdown Date_________________________________________________
Metric Tons Uranium (Initial/Discharged);
Initial_________________________________________________________________
Discharged______________________________________________________________
Number of Assemblies Discharged:________________________________________
Any false, fictitious or fraudulent statement may be punishable by
fine or imprisonment (U.S. Code, Title 18, Section 1001).
By Purchaser:
Signature_______________________________________________________________
Title___________________________________________________________________
Date____________________________________________________________________
Appendix C
Delivery Commitment Schedule
This delivery commitment schedule shall be submitted by Purchaser to
DOE as specified in Article V.B. of this contract.
Purchaser_______________________________________________________________
Contract Number/Date____________________________________________________
Reactor/Facility Name___________________________________________________
Location:
Street__________________________________________________________________
City____________________________________________________________________
County/State____________________________________________________________
Zip Code________________________________________________________________
Type Cask Required:_____________________________________________________
Shipping Lot Number_____________________________________________________
(Assigned by DOE)
Proposed Shipping Mode:
Truck [squ]
Rail [squ]
Barge [squ]
DOE Assigned Delivery Commitment Date___________________________________
Range of Discharge Date(s) (Earliest to Latest)
Mo---- Day---- Yr---- to Mo---- Day---- Yr----
Metric Tons Uranium:
(Initial)_______________________________________________________________
(Discharged)____________________________________________________________
Number of Assemblies:
BWR_____________________________________________________________________
PWR_____________________________________________________________________
Other___________________________________________________________________
Unless otherwise agreed to in writing by DOE, the Purchaser shall
furnish herewith to DOE suitable proof of ownership of the SNF and/or
HLW to be delivered hereunder. The Purchaser shall notify DOE in writing
at the earliest practicable date of any change in said ownership.
Any false, fictitious or fraudulent statement may be punishable by
fine or imprisonment (U.S. Code, Title 18, Section 1001).
By Purchaser:
Signature_______________________________________________________________
[[Page 699]]
Title___________________________________________________________________
Date____________________________________________________________________
Approved by DOE:
Technical Representative________________________________________________
Title___________________________________________________________________
Date____________________________________________________________________
Contracting Officer_____________________________________________________
Date____________________________________________________________________
Appendix D
Final Delivery Schedule
(To be submitted to DOE by Purchaser for each designated Purchaser
Delivery site not later than twelve (12) months prior to estimated date
of first delivery)
Purchaser:______________________________________________________________
Contract Number/Date____________________________________________________
Reactor/Facility Name___________________________________________________
Location:
Street__________________________________________________________________
City____________________________________________________________________
County/State____________________________________________________________
Zip Code________________________________________________________________
Type(s) cask(s) required:_______________________________________________
No. Assembilies per cask________________________________________________
Shipping Lot Number_____________________________________________________
Shipping Mode:
(Assigned by DOE)
Truck___________________________________________________________________
Rail____________________________________________________________________
Barge___________________________________________________________________
Metric Tons Uranium:
(Initial)_______________________________________________________________
(Discharged)____________________________________________________________
Range of Discharge Date(s) (Earliest to Latest)
(From approved commitment schedule)
Mo---- Day---- Yr---- to Mo---- Day---- Yr----
Number of Assemblies:
BWR_____________________________________________________________________
PWR_____________________________________________________________________
Other___________________________________________________________________
Purchaser's Delivery First Estimate
Mo---- Day---- Yr---- last Mo---- Day---- Mo----
Unless otherwise agreed to in writing by DOE, the Purchaser shall
furnish herewith to DOE suitable proof of ownership of the SNF and/or
HLW to be delivered hereunder. The Purchaser shall notify DOE in writing
at the earliest practicable date of any change in said ownership.
To confirm acceptability of delivery date(s):
Purchaser Contact_______________________________________________________
Phone___________________________________________________________________
Title___________________________________________________________________
DOE Contact_____________________________________________________________
Phone___________________________________________________________________
Title___________________________________________________________________
Any false, fictitious or fraudulent statement may be punishable by
fine or imprisonment (U.S. Code, Title 18, Section 1001).
By Purchaser:
Signature_______________________________________________________________
Title___________________________________________________________________
Date____________________________________________________________________
Approved by DOE:
Technical Representative________________________________________________
Title___________________________________________________________________
Date____________________________________________________________________
Contracting Officer_____________________________________________________
Date____________________________________________________________________
Appendix E
General Specifications
A. Fuel Category Identification
1. Categories--Purchaser shall use reasonable efforts, utilizing
technology equivalent to and consistent with the commercial practice, to
properly classify Spent Nuclear Fuel (SNF) prior to delivery to DOE, as
follows:
a. Standard Fuel means SNF that meets all the General Specifications
therefor set forth in paragraph B below.
b. Nonstandard Fuel means SNF that does not meet one or more of the
General Specifications set forth in subparagraphs 1 through 5 of
paragraph B below, and which is classified as Nonstandard Fuel Classes
NS-1 through NS-5, pursuant to paragraph B below.
c. Failed Fuel means SNF that meets the specifications set forth in
subparagraphs 1 through 3 of paragraph B below, and which is classified
as Failed Fuel Class F-1 through F-3 pursuant to subparagraph 6 of
paragraph B below.
d. Fuel may have ``Failed Fuel'' and/or several ``Nonstandard Fuel''
classifications
B. Fuel Description and Subclassification--General Specifications
1. Maximum Nominal Physical Dimensions.
------------------------------------------------------------------------
Boiling water Pressurized water
reactor (BWR) reactor (PWR)
------------------------------------------------------------------------
Overall Length.................. 14 feet, 11 inches 14 feet, 10
inches.
Active Fuel Length.............. 12 feet, 6 inches. 12 feet, 0 inches.
Cross Section \1\............... 6 inches x 6 9 inches x 9
inches. inches.
------------------------------------------------------------------------
\1\ The cross section of the fuel assembly shall not include the
channel.
Note: Fuel that does not meet these specifications shall be classified
as Nonstandard Fuel--Class NS-1.
2. Nonfuel Components. Nonfuel components including, but not limited
to, control spiders, burnable poison rod assemblies, control rod
elements, thimble plugs, fission chambers, and primary and secondary
neutron sources, that are contained within the fuel assembly, or BWR
channels that are an integral part of the fuel assembly, which do not
require special handling, may be included as part of the spent nuclear
fuel delivered for disposal pursuant to this contract.
Note: Fuel that does not meet these specifications shall be
classified as Nonstandard Fuel--Class NS-2.
[[Page 700]]
3. Cooling. The minimum cooling time for fuel is five (5) years.
Note: Fuel that does not meet this specification shall be classified
as Nonstandard Fuel--Class NS-3.
4. Non-LWR Fuel. Fuel from other than LWR power facilities shall be
classified as Nonstandard Fuel--Class NS-4. Such fuel may be unique and
require special handling, storage, and disposal facilities.
5. Consolidated Fuel Rods. Fuel which has been disassembled and
stored with the fuel rods in a consolidated manner shall be classified
as Nonstandard Fuel Class NS-5.
6. Failed Fuel.
a. Visual Inspection.
Assemblies shall be visually inspected for evidence of structural
deformity or damage to cladding or spacers which may require special
handling. Assemblies which [i] are structurally deformed or have damaged
cladding to the extent that special handling may be required or [ii] for
any reason cannot be handled with normal fuel handling equipment shall
be classified as Failed Fuel--Class F-1.
b. Previously Encapsulated Assemblies.
Assemblies encapsulated by Purchaser prior to classification
hereunder shall be classified as Failed Fuel--Class F-3. Purchaser shall
advise DOE of the reason for the prior encapsulation of assemblies in
sufficient detail so that DOE may plan for appropriate subsequent
handling.
c. Regulatory Requirements.
Spent fuel assemblies shall be packaged and placed in casks so that
all applicable regulatory requirements are met.
C. Summary of Fuel Classifications
1. Standard Fuel:
a. Class S-1: PWR
b. Class S-2: BWR
2. Nonstandard Fuel:
a. Class NS-1: Physical Dimensions
b. Class NS-2: Non Fuel Components
c. Class NS-3: Short Cooled
d. Class NS-4: Non-LWR
e. Class NS-5: Consolidated Fuel Rods.
3. Failed Fuel:
a. Class F-1: Visual Failure or Damage
b. Class F-2: Radioactive ``Leakage''
c. Class F-3: Encapsulated
D. High-Level Radioactive Waste
The DOE shall accept high-level radioactive waste. Detailed
acceptance criteria and general specifications for such waste will be
issued by the DOE no later than the date on which DOE submits its
license application to the Nuclear Regulatory Commission for the first
disposal facility.
Appendix F
Detailed Description of Purchaser's Fuel
This information shall be provided by Purchaser for each distinct
fuel type within a Shipping Lot not later than sixty (60) days prior to
the schedule transportation date.
Purchaser_______________________________________________________________
Contract Number/Date ----/--------
Reactor/Facility Name--_________________________________________________
________________________________________________________________________
________________________________________________________________________
I. Drawings included in generic dossier: --------
1. Fuel Assembly DWG ----
2. Upper & Lower end fittings DWG ----
Dossier Number: ----
DOE Shipping Lot : ----
Assemblies Described:
------BWR
------PWR
------Other
II. Design Material Descriptions.
Fuel Element:
1. Element type ---- (rod, plate, etc.)
2. Total length) ----/(in.)
3. Active length ---- (in.)
4. Cladding material ---- (Zr, s.s., etc.)
Assembly Description:
1. Number of Elements ----
2. Overall dimensions (length ---- (cross section) ---- (in.)
3. Overall weight ----
III. Describe any distortions, cladding damage or other damage to
the spent fuel, or nonfuel components within this Shipping Lot which
will require special handling procedures. (Attach additional pages if
needed.)
________________________________________________________________________
________________________________________________________________________
IV. Assembly Number ----
Shipping Lot ----
------------------------------------------------------------------------
Irradiation history
cycle No.
------------------------
1 2 3 4 5
------------------------------------------------------------------------
1. Startup date (mo/day/yr).................... ... ... ... ... ...
2. Shutdown date (mo/day/yr)................... ... ... ... ... ...
3. Cumulative fuel exposure (mwd/mtu).......... ... ... ... ... ...
4. Avg. reactor power (mwth)................... ... ... ... ... ...
5. Total heat output/assembly in watts, using an approved calculational
method: -------- as of Date --------
------------------------------------------------------------------------
Any false, fictitious or fradulent statement may be punishable by
fine or imprisonment (U.S. Code, Title 18, Section 1001).
By Purchaser:
Signature_______________________________________________________________
Title___________________________________________________________________
Date____________________________________________________________________
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Annex B to Appendix G
Standard Remittance of Advice (RA) for Payment of Fees
This Annex should be completed only for SNF burned before midnight
between April 6/7, 1983.
I. Identification
A. Purchaser:------------
B. Unit identification (Only one unit may be covered in each
report.)
1. Reactor/Facility Name:_______________________________________________
2. Location:____________________________________________________________
3. Type:________________________________________________________________
4. Capacity:____________________________________________________________
5. Date of Commencement of Operations:__________________________________
6. NRC License No.:_____________________________________________________
II. Fee Calculation
A. Discharged nuclear fuel
1. Burnup \1\ (MWDT/MTU)...................................... 0- 5,000- 10,000 20,000
5,000 10,000 20,000 up
2. Initial loading (KgU) (with indicated burnup).............. ........ ........ ........ ........
3. Fee rate ($/KgU)........................................... 80.00 142.00 162.00 184.00
4. Fee ($).................................................... ........ ........ ........ ........
5. Total fee (4)..............................................
B. Nuclear fuel in the reactor core as of midnight of 6/7 April
1983.
------------------------------------------------------------------------
Burnup \1\ as
Initial loading of midnight 6/7
Assembly identification (KgU) April 1983 Fee
(MWDT/MTU)
------------------------------------------------------------------------
1........................... ............... ............... .......
2........................... ............... ............... .......
3........................... ............... ............... .......
4........................... ............... ............... .......
5........................... ............... ............... .......
6........................... ............... ............... .......
7........................... ............... ............... .......
8........................... ............... ............... .......
9........................... ............... ............... .......
10........................... ............... ............... .......
11........................... ............... ............... .......
12........................... ............... ............... .......
13........................... ............... ............... .......
14........................... ............... ............... .......
15........................... ............... ............... .......
16........................... ............... ............... .......
17........................... ............... ............... .......
18........................... ............... ............... .......
19........................... ............... ............... .......
20........................... ............... ............... .......
21........................... ............... ............... .......
22........................... ............... ............... .......
23........................... ............... ............... .......
24........................... ............... ............... .......
25........................... ............... ............... .......
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\1\ Please provide (as an attachment) a clear reference to the
methodology used to derive the burnup figures (computer codes, etc.)
and a clear reference to all data used in the derivation of those
figures.
C. Total fee.
(Approved by the Office of Management and Budget under control number
1091-0260)
[48 FR 16599, Apr. 18, 1983; 48 FR 23160, May 24, 1983, as amended at 52
FR 35359, Sept. 18, 1987; 56 FR 67659, Dec. 31, 1991]