10 C.F.R. § 961.11
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
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:
As used throughout this contract, the following terms shall have the meanings set forth below:
Instructions to annex A of appendix G, NWPA-830G provide the necessary information to calculate the energy adjustment factors.
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.
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.
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.
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).
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.
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.
Criteria.
Procedures.
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:
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."
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.
[In 1982 dollars]
| Nuclear spent fuel burnup range | Dollars 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.
Interest = Unpaid balance due to DOE for assigned three month period * Quarterly Treasury rate plus six percent (6%) * Number of months late including month of payment (fractions rounded up to whole months) ÷ 12
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.
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.
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.
Nothing in this contract shall be construed to preclude either party from asserting its rights and remedies under the contract or at law.
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.
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.
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.
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.
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.
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.
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.
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:
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 []
PWR []
Other (Identify) _______________________________
Facility Description _______________________________
Date of Commencement of Operation _______________________________
(actual or estimated)
NRC License #: _______________________________
By Purchaser:
Signature _______________________________
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 []
PWR []
Other (Identify) _______________________________
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 10 yr 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 []
PWR []
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 []
Rail []
Barge []
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 _______________________________
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
| Boiling water reactor (BWR) | Pressurized water reactor (PWR) | |
| Overall Length | 14 feet, 11 inches | 14 feet, 10 inches. |
| Active Fuel Length | 12 feet, 6 inches | 12 feet, 0 inches. |
| Cross Section1 | 6 inches * 6 inches | 9 inches * 9 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.
Note: Fuel that does not meet these specifications shall be classified as Nonstandard Fuel-Class NS-2.
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.
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.
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.
Spent fuel assemblies shall be packaged and placed in casks so that all applicable regulatory requirements are met.
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__ _______________________________
_______________________________
_______________________________
Dossier Number: ____
DOE Shipping Lot #: ____
# Assemblies Described:
______BWR
______PWR
______Other
Fuel Element:
Assembly Description:
_______________________________
_______________________________
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 _______________________________
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.
| 1. Burnup1 (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) |
| Assembly identification | Initial loading (KgU) | Burnup1 as of midnight 6/7 April 1983 (MWDT/MTU) | Fee |
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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.
10 C.F.R. §961.11
Approved by the Office of Management and Budget under control number 1091-0260