ML17277B117

Forwards DOE Contract for Disposal of Spent Nuclear Fuel &/Or High Level Radwaste,Per 831117 Telcon

ML17277B117
Person / Time
Site:	Columbia
Issue date:	11/22/1983
From:	Sorensen G WASHINGTON PUBLIC POWER SUPPLY SYSTEM
To:	Schwencer A Office of Nuclear Reactor Regulation
References
GO2-83-1086, NUDOCS 8312020089
Download: ML17277B117 (84)

Text

I' REGULATORY +ORMATION DISTRIBUTION SYS>> (RIBS)

ACCESSION NBR:8312020089 DOC ~ DATE: 83/1 1/22 NOTARIZED: NO DOCKET FACIL:50 397 HPPSS Nuclear Projecti Unit ?i ldashingt'on Public Powe 05000397

'UTHNAME AUTHOR AFFILIATION SORENSONiG+G, Nashington Public Power Supply System

'RECIP ~ NAME RECIPIENT AFFILIATION

'SCHNENCERiA ~ licensing Branch 2 SUBJECT'. Forwards- DOE contract for disposal of spent nuclear fuel 8/or high level radwastesper 831117 telcon, DISTRIBUTI N CODE: 8001S COPIES RECEIVED:LTR ENCL SI E:,

TITLE: Li'censing 'Submittal:,PSAR/FSAR Amdts 8, Related Correspondence NOTES:

RECIPIENT .COPIES RECIPIENT -COPIES IO CODE/NAME LTTR ENCL ID CODE/NAME LTTR ENCL NRA/DL/ADL 0 NRR L82 BC 1 0 NRR LB? LA 1 '0 AULUCKiR~ 01 1 1 INTERNALS ELD/HDS2 1 0 IE F ILE 1 1 IE/DEPER/EPB 36 3 IE/DEPER/IRB 35 1 1 IE/DEQA/QAB 21 1 1 NRR/DE/AEAB 1 0

,NRR/DE/CEB 11 1 1 NRR/DE/EHEB 1 1 NRR/DE/EQB 13 2 2 NRR/DE/GB 28 2 2 NRR/DE/MEB 18 1 1 NRR/DE/MTEB 17 1 1 NRR/DE/SAB 2g 1 1 NRR/DE/SGEB ?5 1 1 NRR/DHFS/HFEBOO, 1 1 NRR/DHFS/LQB 32 1 NRR/DHFS/PSRB 1 1 NRR/DL/SSPB 1 0 NRR/DS I/AEB 26 1 1 NRR/DS I/ASB 1 1-NRR/OSI/CPB 10 1 NRR/DS I/CSB 09 1 1 NRR/DSI/ICSB 1 1 NRR/DSI/METB 12 1 1 19 16'RR/DSI/PSB 1 1 N AB 22 1 1 NRR/DSI/RSB 23 1 1 REG FILE 1 1 RGN5 3 ' MI 8 1 0 EXTERNAI 'CRS 41= 6 6 BNL(AMDTS ONLY)

DMB/DSS (AMDTS) 1 1 FEMA REP D1V 39 LPDR 03>> 1 1 NRC PDR 02 NSIC 05 1 1 NTIS

>>TOTAL NUMBER OF COPIES REQUIRED ~ LTTR 53 ENCL 46

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Washington Public Power Supply System P.O. Box 968 3000 George Washington Way Richland, Washington 99352 (509) 372-5000 November 22, 1983 G02-83-1086 Docket No. 50-397 Director of Nuclear Reactor Regulation Attention: Mr A. Schwencer, Chief Licensing Branch No. 2 Division of Licensing U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Subject:

NUCLEAR PROJECT NO. 2 AGREEMENT FOR DISPOSAL OF SPENT NUCLEAR FUEL AND/OR HIGH-LEVEL RADIOACTIVE WASTE WITH THE DEPARTMENT OF ENERGY As requested during a telephone conversation on November 17, 1983, between Mr. R. Auluck (NRC) and Mr. P. Powell (SS), the attached Department of Energy contract for Disposal of Spent Nuclear Fuel and/or High-Level Radioactive Waste is provided.

Should you have any questions, please contact Mr. P. L. Powell, Manager, WNP-2 Licensing.

Very truly yours, G. C. Sorensen, Manager Regulatory Programs tmh Attachment cc: R Ruluck - NRC WS Chin - BPA AD Toth - NRC Site ssl2oaoos9

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L L Ql Department of Energy Washington, D.C. 20585 Hr. R. F. Lewis <,N.'i 2 7 ( 93 Washington Public Power Supply System 3000 George Washington Way P. 0. Box 968 Richland, WA 99352

Subject:

Contract Number 0E-~R01-83NE44424 Enclosed herewith is one fully executed copy of subject contract.

Please acknowleuge receipt of this contract by completing the "Ackn'owledgement" below and returning it to:

U.S. Department of Energy Office of Procurement Operations Attn: Thomas S. Keefe Room Number 1J-027 1000 Independence Avenue, SW Washington, DC 20585 Sincerely;

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Thomas S. Keefe Contracting Officer Office of Procurement Operations Enclosure

'I ACKNOWLEDGEHZNT:

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Contractor's Authorized Representative Name and Tit e (Type/Print) ignature~

%Ps' Date

r~ l Department of Energy washington, D.C. 20585 Mr. R. F. Lewis "AN 2 7 f293 .

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Hashirigton Public Power Supply System 3000 George Hashington Hay P. 0. Box 968 Richland, HA 99352

Dear Mr. Lewis:

Sub ject: Contract Number DE-CR01-83NE44424 Enclosed herewith is one fully executed copy of subject. contract.

Please acknowledge receipt of this 'contract by completing the "acknowledgement" below and returning it to:

U.S. Department of Energy Office of Procurement Operations Thomas S. Keefe Room Number 1J-027 1000 Independence Avenue, .SW Washington, DC 20585 Sincerely; Thomas S. Keefe Contracting Officer Office of Procurement Operations Enclosure ACKNOWLEDGEMENT:

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Contractor Authorized'epresentative Name and Tit e (Type/P rin t) ignatdre Date

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uO RcExl COICiRACT FOR OISFOcAI OF GF .!I*.GY calllccT HEN

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SFENT NUCLEAR FUEL AHO/OH HIER LEYEL 0 Ã RAai0" CTIME HASTE.

THIS CONiiACT, ent raH into this 13th dey of June Io 33 by and between the ~JH~TED STATiS QF O1ER7CA (hereinafter referred to as the "Government" ), represented by 4he UHJixQ STATES OEPAR MENT OF ENERGY (her af r referred to as "GQE") and WASHINGTON PUBLIC POWER SUPPLY SYSTEH.

municipal (h reinaf er ref rr ed to as the "Purchaser" ), acorporation arganized and exis ing under the laws of the State of Washin ton.

METNESSr.~d THAT:

'FIHEREAS, the OQE has the r sponsibili4y for the disposal of spent nuclear fuel and high-level radioac ive was e of dcmestic origin from civilian nuclear power reac ors .in order to protec 4he public health and safety, and he environment; and

%PEAS, 4he DOE has the responsibility, following comoencment of operation of a repository, to take. title to the spent nuclear fuel or high-level radioac4ive wast involved as expeditiously as prac.icable upon the reques of the generator or owner of such waste or spent nuclear fuel; and MHBEAS, all cos s associated wi h the preparation, transpor. tion, and the disposal of spent nuclear fuel and high-level radioac.ive was a frcm

,4 civilian nuclear power reactors shall be borne by the owners and generators of such fuel and was.; and

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MHEREAS, the DOE 4

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'OE is author ized to enter into contr acts for the permanent disposal of spent nuclear fuel and/or high-level radioactive waste of dcmestic origin in DOE facilities; and WHEREAS, the Purchaser desires to obtain disposal services. from DOE; and

• r' WHEREAS, DOE is obligated. and willing to provide such disposal services,, under the terms and conditions hereinafter set forth; and MHEREAS 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 sece.) and the NucTear Waste Policy Act of 1982, (Pub L..97-425, 42 U.S.C. 10101 et sece.)

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:

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The term "assigned'hree-mohth 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 tenn "cask" means a container foi shippi ng spent nuclear fuel and/

or high-level radioactive waste which meets all applicable regulatory requi rements.

3. The: terr. "civil.ian nuclear power reactor" means a. civilian nuclear powerplant required to be licensed under'Sections 103 or 104(h) of the Atomic Energy Act of 1954, as amended {42 U.S.C. 2133,,2134(b)).

4. The term "Commissio'n" means the United States lluclear Regulatory Commission.

The term "contract" means this agreement and any duly executed.amendment E

or modification thereto.

6'. The term "Contracting'ffi'cer" means the person executing. this contract on behalf of the Government, and'ny other officer or civilian employee who is a properly designated Contracting Officer of

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the QOE; and the term incliides,. 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 tt e 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'adioactive waste with.no foreseeable. intent of recove~,. whether or not such emplacement permits recovery of such waste.

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9. The tern "DOE" means the United States Department of Energy or any duly authorized representative thereof, including the Contrac'ting Officer.

.10. The term "DOE facility" means. a facility operated by or on behalf of I

.DOE'or 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 radioactiv'e waste may be shipped by DOE prior= to its transportation to a disposal facility.. J 11'he 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 I

E accounting principles consistently applied, of providing disposal services and conducting activities authorized by the Nuclear Maste Policy Act of 1982 (Pub. L..97-425). As. used herein, the term "cost" includes the

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application .of Nuclear Maste Fund monies for "those uses expressly set forth in section 302(d) and (e) of'he said Act. and all other uses specified in the Act.

12. The term "high-level radioactive waste"- (HLM) means-N f

(a) the. highly radioactive material resul ting from the reprocessing of spent nuclear- fuel,. including liouid waste produced directly in reprocessing and any solid material derived from such liquid waste that, contains fissioh products in suff$ cient concentrations; and (b) other highly radioactive material that the Commission, consistent with existing law, determines by rule requires permanent isolation.

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13. The term "kilowatt s generated" means electricit nerated by nuclear fuel at a civilian nuclear power reactor specified in Appendix A hereto as measured at the output terminals of the turbine generator, including an equivalent amount of electricity for any process heat generated by the reactor and used other than at the reactor.

14. The term "metric tons uranium" means that measure of weight equivalent to 2,204.6 pounds of uranium and other fissile and fertile r,aterial that are loaded into a reactor core as fresh fuel.

15. The term "Purchaser's site" means the location of Purchaser's civilian nuclear po~er reactor or such other location as the Purchaser-may designate.

16 . The term "quarterly Treasury raCe" means the current value of funds rate as specified by the Treasury Fiscal Requirements Hanual, Yolume 1, Part 6, section 8020.20. This rate is published quarterly in the Federal Register prior to the beginning of the affected quarter.

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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" (SHF) means fuel that has been withdrawn from a nuclear'reactor following irradiation, the constituent 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 re-suiting 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.

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ARTICLE. II' SCOPE This contract applies. to the delivery by Purchaser to DOE of SNF and/or HLM of danestic origin from civilian nuclear power reactors, acceptance of title by DOE to such SNF and/or HLM, 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 HLM shall be specified in. a delivery commitment schedule as provided in Article V below.. The services to be provided b'y DOE under this contract shall begin, after commencement of facility ope'rations, not later than January 31, 1998 and shall continue until such time as all SNF and/or HLM from the 'civilian nuclear power'eactors specified in Appendix A, annexed hereto and made a part hereof, has been disposed of.

ARTICLE III >>'ERM The term of this contract shall be from the date of execution until such

'ime as DOE has accepted, transported from the Purchaser's site(s) and disposed of all SNF and/or HLM of dcmestic origin from the civili.an nuclear power reactor(s)

I specified in .Appendix A o.

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ARTICLE IV - RESPONSIBILITIES OF THE PARTIES r

A.= Purchaser' Res onsibilities

1. Dischar e 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 fn Appendix B, annexed hereto and made a part hereof. The information to be provided %11 include estimates and projections and Mill not be Purchaser's firm commitment 4th respect to discharges or deliveries.

(b) Ho later than October 1, 1983, the Purchaser shall provide DOE with specific information on:

(1) Total spent nuclear. fuel inventory as of April 2, 1983;

.(2) Total number of fuel assanblies removed fran the particular reactor core prior to 12:00 A.H. 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 Transpor'tation (a) The Purchaser shall arranoe for, and provide; all p'reparation, packaaing, reouired inspections, and loading

'I activities necessary for the transportation of SHF and/or HLM 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 Pure( aser's responsibilities hereunder.'OE may desigrate a,representative to observe the preparatory activities corducted by the Purchaser .at'he 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 vade 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 sl all be responsible for incidental maintenance, C

'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 otherwj,se provided for hereunder. Routine cask maintenance, such as scheduled overhauls, shall not be the responsibility of the Purchaser.

B. DOE Resoonsi ities

1. DOE shall accept title to all SHF 'and/or HLM, 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 di spose of such. mater1al 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 HLM from the Purchaser's site to the DOE facility. Such cask(s) shall be furnished sufficiently in advance'to accommodate scheduled deliveries.

Such casks(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 owi ng H'o1 1 '..

(a) written procedures 'for cask handling and loading, including specifications on Purchaser-furnished cannisters for containment

. of failed fuel; (b) . training f'r Purchaser's personnel in ca'sk handling and 1'oading, 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 C

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 HLM at the DOE repository. This priority ranking shal.l be based on the age of SNF and/or HLM as calculated from the date of discharge of such material frcm the civilian nuclear power reactor. The oldest fuel or waste wi 11 have the highest priority for acceptance, except as provided in paragraphs P

B and 0 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'et forth the projected annual r ceiving capacity for the DOE facility(ies) and the annual acceptance ranking relating to DOE contracts for the disposal of SNF and/or HLM including, to the extent available, capacity information

. for ten (10) years following the projected commencement, of operation of the initial DOE facility.

ARTICLE V - DELIVERY OF SNF AND/OR HLW A. Descri tion of SNF and HLM The Purchaser shall deliver to DOE and DOE shall, as provided in this contract, accept, the SNF and/or HLM which is described in accordance with .

I Article VI.A. of this contract, for disposal thereof..

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B. Delivery Coreitment Schedule

l. Delivery commitment schedule(s), in the forn set forth in Appendix C annexed hereto and made a part hereof, for delivery of SHF and/or HLM shall be furnished to DOE by Purchaser. After DOE has issued its proposed acceptance priority ranking, as described in paragraph 8.5 of Article IV hereof, beginning January 1, t

1992 the Purchaser shall submit to DOE the delivery comriitment schedule(s) which shall identify all SHF and/or HLM 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 reouest a revised'schedule from the Purchaser, to be submitted .to DOE within thirty (30) days after receipt of DOE' notice of disapproval.

2. DOE shall approve 'or disapprove s~eh"'revised schedule(s) within sixty (60) days after receipt. In the even. of disapproval, DOE shall advise the Purchaser in writino of the reasons for such disapproval and shall submit its proposed schedule(s). If these are not,. acceptable to the Purchaser, tt e parties shall promptly seek to negotiate mutually acceptable schedule(s).

Purchaser shall have the rioht to arljust the quantities of Sl.'F and/or HLM h

plus or minus (+) twenty percent (20"), and the delivery schedule up to two

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(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 par" hereof, for delivery of SHF and/or HLM covered by an

~ s 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 fin'al 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 schedul e from the Purchaser, to be submitted to DOE within thirty (30) days after receipt of DOE's notice of disapp'roval. DOE shall approve or disapprove such revi.sed schedule(s) within sixty (80) days after receipt. In the event of disapproval, DOE shall advise the Purchaser in writing of the reasons for suck 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., Emer enc Deliveries Emergency deliveries of SNF and/or HLW may be accepted by DOE before the date provided in the delivery commitment schedule upon prior P

written approval by DOE.

E. ~Exchan es Purchaser shall have the right to determine which SNF and/o'r HLW is delivered to DOE; provided, however, that Purchaser shall comply with the re-quirements of this contract. Purchaser shall have the right to exchange approved delivery commitment schedules with parties to other contracts with DOE for disposal of SHP and/or HLH; 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 12

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specified in the Purchaser's approved delivery commitment schedule, shall'submit to request, whi'ch states the prio'rity the'urchaser DOE an exchange

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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 In the event of disapproval, DOE shall advise the Purchaser in I'eceipt.

writing of the reasons for such disapproval.

CI ARTICLE YI - CRITERIA FOR DISPOSAL

. A. General Re uirements

1. Criter ia (a) Except as otherwise provided in this contract, DOE shall accept hereunder only such SNF and/or HLM which meets the Cwneral 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 HLM 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 HLM 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 any changes in said SNF and/or HLM as soon as they 13

beccme known to the Purchaser.

(b) DOE's obligation for disposing of SHF under this contract also extends to other than standard fuel; however, for any SHF which has been designat d 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'dvise Purchaser within sixty (60) days after receipt of such confirmation request as to the'echnical. fe'asibility of disposi ng of such fuel 'on the currently agreed to schedule and any schedule adjustment for such services.

B. Acce tance Procedures

l. Acceptance Priorit Ranking Delivery commitment schedules for SNF and/or HLM may require the disposal of 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 Y.D of this contract, acceptance priority shall be based upon the age of the SNF and/or HLM as calculated from the

date of discharge of such material from the civilian nuclear II power reactor. DOE will first accept from Purchaser the oldest SNF I

and/or HLW for disposal in the DOE facility, except as otherwise .

provided for in paragraphs B;. D and E.of Article,Y.

(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.

Verif-ication of SNF and/or HLW During cask loading and prior to acceptance I'

by DOE for transporta-tion 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, I

marked and labeled and are in proper condition for transfer according to the applicable regulations of the U. S. Department of Transportation."

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3. Improperly Described S4F and/or HLM (a) Prior.to Acceptance ,IfShg and/or HLM'is detemined 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 tj e right, in its sole discretion, to refuse to accept such ShF and/or HLM until the SNF and/or HLM has been properly described; The Purchaser P

shall not transfer such SHF and/or HLW to DOE unless DOE agrees to accept such SHF and/or HLk! under such other arrangements as may be agreed to, in wr'iting, by the parties.

(b) After Acceptance - If subsequent to its acceptance DOE finds that such SHF and/or HLW is inproperly described, DOE shall promptly notify the Purchaser, in writing, of such finding. In the event of such notification, Purchaser shall provide DOE proper designation within thirty In the event

'ith a (30) days.

r of a failure by the Purchaser tn provide such proper designation, DOE may hold in abeyance any and all deliveries scheduled hereunder.

ARTICLE YI I T'ITLE Title to all SNF and/or HLM accepted by DOE for disposal shall pass to DOE at the Purchaser's site as provided for in Article YI hereof. DOE shall be 16

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solely responsible for control of all material upon passage of title. DOE shall have the right to dispose as it sees fit of any SHF and/or HLM to which it has taken title. The Purchaser shall have no claim against DOE or the Govern-K ment with respect to such SNF or HLM nor shall DOE or the Cgovernment be obligated to compensate the Purchaser for such material.

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ARTICLE VIII - FEES AHD TERHS OF PAYiMEHT A. Fees r

l. Effective April 7, 1983 Purchaser shall be charged a fee in

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the amount of 1.0 mill per kilowatt-hour (1H/KMH).on electricity generated by Purchaser's nuclear power reactor(s). The said fee shall be paid's speci. fied in paragraph B of this Article VIII.

2. For SHF, 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 I

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 a

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 17

are listed below:

Dollars per Nuclear Spent Fuel Im urnup Range (1%~i oOTars) 0 - 5,000 MWDT/MTU $ 80.00 5,000 '- 10,000 NWDT/MTU $ '42.00 10,000 - 20,000 HWDT/HTU $ 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 Ar ticle 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 l.a]

determine the total weight in kilograms of uranium loaded initially in the particular core; fb3 determine the tota1 megawatt-days (thermal) which have been generated by all of the fuel assemblies in the said core as of 12:00 A.N. April 7, 1983; [cl 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 quotieht by the conversion factor 0.0078 to obtain a value in dollars per kilogram; and Ld] multiply the dollars per kilogram value'y'he kilograms determined in l.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.H. April 7, 1983. For purposes of thi's 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 to

'reinsert. That portion of such fuel unburned as of 12:00 A.M.

April 7, 1983 shall he subject to the 1.0 mill per kilowatt-hour charge.

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9

'9

4. DOE will annually revie~ the ade'quacy.of the fees and adjust the 1M/KWH fee, if necessary, in order to assure full cost

'ecovery 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.

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Any adjustment to the 1M/KWH fee under paragraph A.1. of this

.Article YIII shall be prospective.

B. Payment

1. For electricity generated by the Purchaser's civilian nuclear po'wer 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 business on the last busin ss day 'of the month following the end of'ach assigned thr month period. The fi rst payment shall 'be due on July 31, 1983, for the, period April 7,'983 to June 30, 1983. I.add as applicable: A one time adjustment period payment. shall be due on Auq. 31, 1983, for the period July I, 1983 1 ~t>>. 9999.:Th * '9 9 9 hP Th.f 9 p f 99 and reporting of kilowatt hours, shall begin Auq. 1, 1983.

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

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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 consi st of the fee plus interest on the outstanding feo 19

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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 fi rst such issuance following April 7, 1983, arid 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 fi rst payment. In no .event shall the end of the forty (40) quarters extend beyond the fi rst 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 I

(40) quarters, Purchaser may, without penalty, make a full or partial lump sum payment at any'f the assigned three month period payment dates. Subsequent quarterly payments will reduced to reflect the reduction in the remaining be'ppropriately

..

=balance 'in the fee due and payable. The remaining financial obligation, if any, will be subject to interest at the same

'en-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 fi rst delivery, as reflected in the DOE approved delivery commitment schedul-e, and shall consist of the fee plus interest on the 20

outstanding fqe balance. Interest is to e be calculated from April 7, 1983, to the date'f 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 W

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, 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 instruc.ions 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.l. 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,'ash Management Division, Box 500, Room D-208, Germantown,'aryland 20874.

21

A

4. Any fees not paid on a timely basis or underpaid because of mis-calculation will be subject to interest as specified in paragraph C of this Article VIII. "

C. Interest on Late Fees

1. DOE wi ll 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:

Number of Interest = Unpaid Balance Due quarterly Months Late Including To DOE For', Treasury X Month Of Payment (Fractions As si g ned Three Rate Plus Rounded Vp to Nhole Months Month Period Six Percent 12 (e,)

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 r

assigned three month period will result in compounding of interest due. Purchaser shall complete a Standard Remittance Advice for interest payments.

3. Following the assessment of a late fee by DOE, payments will be applied r

against accrued interest first and the principal thereafter.

D. Effect of Pa ment Upon payment of all applicable fees, interest and penalties on unpaid or underpaid amounts, the Purchaser shall have no further financial obligation to DOE for the disposal. of the accepted SNF and/or HLM.

22

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E. Audit

1. The DOE or its representative sl all have the right to perform any audits or inspection's necessary to determine whether Purchaser is paying the correct amount under the fee schedule and interest provisions set forth in paragraphs A, 8 and C above.

2. Nothing'n this contract shall be dec@ed to preclude an audit hy the General Accounting Office of any'transaction under this-contract.

3. The Purchaser shall furnish DOE with,such records, reports and'ata as may be necessary for the determination of quantities delivered hereunaer and for final settlement of amounts due under this contract ard shall retain and make available to DOE and its authorized representative for 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.

APTICLE IX - DELAYS A. UnavoMable 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 SHF and/or HLM, the party experiencinq the delay will notify the other party as soon as possible after such delay is ascertained and the parties will readiust. their schedules, as appropriate, to accommodate such delay.

23

~ f B. Avoidable Delays b Purchaser or DOE

'n the event of any delay in the delivery, acceptance or tr ansport of SNF and/or HLM 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

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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 wi thi n thi rty (30) days after wr itten notice of such failure to perform as provided above, unless such fai lure shall arise

'rom causes beyond the control and without the fault or negligence .of the Purchaser its contract ors or a g e nts..However, the Purchaser I s obligation to pay fees requi red hereunder shall continue unaffected by any suspension. Any such suspension shall be rescinded if and 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

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of payments representing services not delivered zs determined by the Cortracting Officer to be an equitable adjust@crt. An>> disagreement arisino from the refund payment, if any, shall be resolved as provided in the clause of this contract, enti tl ed "D I SP UTES. "

ARTICLE XI - REHEDIES Nothing in this contract shall be construed t'o preclude either party from asserting its rights and remedies under. the contract or at law.

APTICLE 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 a

be sent to the following addressees:

To DOE U.S. Department of Energy Procurement 6 Assistance Management Directorate, Office of Procurement Operations Washington,. DC 20585 Attn: Contracting Officer Thomas S.. Keefe To the Purchaser: Washington. Public Power Supply System

'I 3000 George Washington Way P.O. Box 968 Richland, .WA 99352 Attention: Hanager, Central Contracts Hail Drop 545 However, the parties may change the addresses. or addressees for s0ch notices or communications without formal modification to this contract; provided, however, that notice of such changes shall be given by registered mail.

25

ARTICLE XI II - 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,'OE 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:activi-ties; that the indemnity shall apply to covered nuclear incidents which (1) take place at. a contract location;'or (2) arise out of oi in the course of transporta-tion of source, special nuclear or by-product material to or from a contract location. The obligation of DOE to indemnify shall'e subject to the conditions stated in the indemnity .agreement.

8. 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 SiVF and/or HLM invo'ived; ~rovided, however, that notice of any 'such transfer shall be made to DOE within ninety {90) days of transfer.

26

IC ARTICLE XY .

- AHEHDMEHTS The provisions of this contract have been developed in the light of uncertai'nties 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

'o be necessary or proper to reflect their respective interests; ~rovided, I

however, that any such amendment shall be consistent with the DOE final rule published in the Federal Register on April 38, 1983 entitled, "Standard Contract for Disposal of SHF and/or HLM", 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 agree-ment shall be decided by the Contracting Officer, who shall reduce his decision

+o w 'g d a, 1, otherw> se fisrni sh a cnnu thereof t o the Purchaser, 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 s

DOE Board of Contract Appeals (Board). The decision of the Board shall be final and conclusive unless determined by a court of competent jurisdiction 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 cl.ause, the Purchaser shall proceed diligently with the performance of the contract and in accordance with the Contracting Officer's decision.

27

4 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; ard the amount requested accurately reflects the contract adjustr ent for which the Purchaser believes the Government is liable. The certification shall be executed by the Purchaser if an individual. Wt en the Purchaser is not an individual, the certifi-cation shall be executed by a senior company offic'ial- in charge. at the Purchaser's plant or location involved, or by an officer or general partner of 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 ir exc ss of

$ 50,000, the Contracting Officer must decide the claim within sixty (60) days or notify the Pure! aser of .he date when the decision will be made.

D. This "Disputes" clause does not preclude consideration of law questions.

in connection with'ecisions provided for in paragraph A above; ~rovidea, 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 XYII - OFFICIALS HOT TO BEHEFIT Ho 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 contrac. if made with a corporation for its general benefit;

I ~

ARTICLE XYIII - COYEHANT AGAIHST COHTIKGEHT FEES The Purchaser warrants .tha ~ 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 t

fee, excepting bona fide employees or bona fide established commercial or sel'ling 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 - EXAt!IHATIOH QF RECORDS The Purchaser aorees that the Comptroller General of the United States or any of his duly authorized'epresentatives 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 I

expiration of three years after final payment under this contract.

ARTICLE XX - PERHITS 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 r gulations of the United States, States and municipalities necessary to execute their respective responsibilities and obligations under this contract.

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I ARTICLE XXI - RIGHTS IH TEPPICAL OATA A. Defini tions.

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'sable 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 conputer 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, r

manuals, tech nical reports, catalog item identification, and related inforration. Technical

'a.a a" used herein .,Co not'nclude financial reports, cost analvses, and otl er infori""ation incidental to contract administration.

2. "Proprietary data" means technical data which embody trade .secrets developed at private expense, such as design procedures or techniaues, 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 I

without obligation concerning their confidentiality; (b) Have not been made available by the owner to others without obligation concerning its confidentiality; and 30

(c) Are not already available to the Government without

'I obligation concerning their confidentiality.

3. "Contract data" means technical data fi rst produced in the performance of the contract, technical data which are specified to be delivered und r 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 ri hts.

1; Tne Government shall have:

(a). Unlimited rights in contract data except as otherwi se 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 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; I

(c) Ho rights under this contract in any technical data which are not contract data.

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2.

o.

Subject to the for~going provisions of thss 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:

LIiMITEO R I GHTS,LEGE ND This "proprietary 'data," furni shed unde'r "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;

'l (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 contr actors 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 thi s data in whole or in part.

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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 t

in the Limited Rights Legend. DOE shall upon request furnish the names of those contractors to which proprietary data has been disclosed.

ARTICLE XXI I - EHTIRE COHTRACT'.

Tlis contract, which consists of Articles I through XXII and Appendices A through C, annexed hereto and made a part hereof, contains the entire aoreement between the parties with respect to the. subject matter hereof. Ary representation, promise, or condition not incorporated in this contract shall not be binding on ei her 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.. Hotl ing in this contract is intended to affect in any way the contractual obligation of any other persons wi th whom the Purchaser may have contracted with respect to assuming some or all disposal costs or to accept title to SHF arid/or HLW.

C. Appendices:

A. Huclear 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 33

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IN WITNESS WHEREOF, tl e parties hereto have executed this contract as of the day and year first above written.

UNITED STATES OF 0/ERICA UN ED ATES 0 ARTHiENT OF ENERGY BY:

'ontractinTYi r Thomas S. Keefe WITNESSES AS TO EXECUTION ON BEHAI F OF PURCHASER E a

'I, WASHINGTON PU LIC PER SUPPLY SYSTEM Name Hathieu Etchamendy P.O. Box 968 Richland A 99352 By:

Address R, Lewl s

Title:

Hanager, Corporate Contracts Name an atersa s anagement H. R. Chunn P.O. Box 968 Richland, MA 99352 Address G.E.C.'

I,' certify that I am the Chief Counsel of the corporation named as Doupe'urchaser herei n; that R. F. Lewis who signed this document on behalf of the Hanager, Corporate Contracts and Haterials Hanagement .

Purchaser was then n 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 sc'ope of its corporate powers.

IN MITHESS WHEREOF,'I have hereunto affixed my hand and the seal of said corporation this 13th day of June, 1983

) )

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) {

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APPENDIX A NUCLEAR POWER'EACTOR S OR OTHER FACILITIES COVERED Purchaser Washin ton Public Power Supply System Contract Number/Date g /

Reactor/Facility Name Nuclear Project No. 2 (WNP-2)

Location:

Street Hanford Reservation (12 miles north of Richland)

City Richland County/State Benton / Washington Zip Code 99352 Capacity (NWE) - Gross 1205 Reactor Type:

BWR +X PWR Other (Identi fy)

Facility Description A sin le-unit, boiling water reactor electric generating station having. a net generating capability of 1100 MWE.

Date of Commencement of Operation February 1, 1984 (aetuaixev estimated)

NRC License g; (Pending)

By Pur e:

llanager, Corp. Contracts R. F. L i s arid t1aterials tucana ement Si gnature Titl e Date

APPENDIX B TEN YEAR DISCHARGE FORECAST To be used for DOE planning purposes only and does not represent a firm ccmmitment by Purchaser.

Purchaser'ontract Number/Date Reactor/Facility Name

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Location:

Street City County/State Zip Code Type: BWR PWR Other ( Identi fy) date -

1 2 3 . 4 5 6 7 8 9, 10 Di scharge mo/yr (or refueling shut down 10 yr date) Total Metric tons

- initial

- di sckarged, Number of assemblies discharged (per cycle)

By Purchaser:

Signature '

st e Date

APPENDIX B nc osure 1 ACTUAL DISCHARGES Purchaser Contract Number/Date .

Reactor/Facility Name Location:

Street City County/State Zip Code Type:

BMR Q PHR Q Other . (Identi fy)

Refueling Shutdown Date Metric Tons Uranium Number

( Initial/Discharged);

of Assemblies Discharged:

In 1 L.l a ~gd Any false, fictitious or fraudulent statement may be punishable by fine or.

imprisonment (U.S. Code, Title 18, Section 1001).

By Purchaser:

Signature it e Date

0 t APPENDIX C DELIVERY COMMITMEKT SCHEDULE This delivery commitment schedule shall be submitted by Pur'chaser 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 Proposed (Assigned by DOE) Shipping Mode: Truck Q Proposed Delivery Date Rail DOE Assigned Delivery Barge

'o Commitment Date Range of Discharge Date(s) (Earliest to Latest) Day Yr 5> Day Yr Metric Tons Uranium: (Initial)

(Discharged)

Number of Assemblies:

BMR PHR Other

APPENDIX C Unless otherwise agreed to in writing by DOE, the Purchaser shall furnish herewith to DOE suitable proof of oqnership'of the SNF and/'or HLM 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 fraudul'ent statement may be punishable by fine or imprisonment (U.S. Code, Title 18, Section 1001).

By Purchaser:

Signature Ti tl e Date Approved by DOE:

Technical Representative Date ontracting >cer Date

APPENDIX 0 i'INAL 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.)

Pur chaser'..

Contract Number/Date Reactor/.Faci 1 i ty Name Location:

Street City County/State Zip Code Type(s) cask(s) requi red:

. /f Assembilies per cask Shipping Lot Number Shipping Mode: Truck (Assigned by DOE)

Ra>1 Barge Metric Tons Urainum: (Initial)

(Discharged)

Range of Disch'arge / / To /

Date(s'I (Earliest Flo Day Yr No Day Yr to Latest) (From approved commitment schedule)

Number of As'semblies:

L BWR PWR Other Purchaser' Del ivery Fi rst / Last / /

Estimate Mo Day Yr Mo Day Mo

0 APPENDIX D Unless otherwise agreed to in'writing by DOE, the Purchaser shall furnish herewith to DOE suitable proof of ownership of the SNF and/or HLM to be delivered hereunder. The Purchaser shall notify DOE in writing at the earliest practicable date of any change in'aid ownership.

'To confirm acceptability of delivery date(s):

Purchaser Contact Titl e Phone H ~

DOE Contact Titl e Phone Any false, fictitious or fraudulent statement may be punishable by fine or imprisonment (U.S. Code, Title 18, Section 1001).

By Purchaser:

Si gnature Ti tl e Date Approved by DOE:

echnsca Representat>ve lt e Date

(.ontractlng t seer Date W

APPENDIX E GENERAL SPECIFICATIOHS 4

A. Fuel Cate or 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 Cwneral Specifications therefor set forth in paragraph 8 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.

'I

c. "Failed Fuel" means SNF that meets the specifications set forth in subparagraphs 1 through 3 of para'graph B below, and which is clasqified 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 "Non'standard Fuel" classifications B. Fuel Description and Subclassification General S ecifications.

I

1. Maximum Hominal Physical Dimensions.

Boiling Mater Pressurized Mater Reactor BMR Reactor 'PMR Overall Length 14 feet, 1.1 inches 14 feet, 10 inches Active. Fuel Length 12 feet, 6 inches 12 feet, 0 inches Cross Sec6on* 6 inches x 6 9 inches x 9 inches inches .

• The cross section of the fuel assembly shall not include the channel.

HOTE: Fuel that does not meet these specifications shall be classified as Nonstandard Fuel Class NS-l.

APPENDIX E

2. Honfuel Components. Honfuel components including, but not 1 iniited to,. cont,ro 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 requi re 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 HS-2.

I

3. ~Coolie . The minimum coo'ling time for fuel is five (5) years.

NOTE: Fuel that does 'not meet this'specification shall be classified as Honstandard Fuel--Cl ass NS-3.

4. Non-LMR Fuel. Fuel from other than LMR power facilities shall be classified as Nonstandard Fuel Cl.ass HS-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 t e ue rods sn a consolidated manner shall be classified as Nonstandard Fuel Class HS-5.

6. Failed Fuel

a. Visual Inspection.

Assemblies shall be visually inspec'ted for evidence of structural deformity or damage to cladding or spacers which may require special handling. Assemblies which I.i) are structurally deformed or have damaged cladding to the extent that special handling may requi red or I.ii) for any'reason cannot be handled with normal

'e fuel handling equipment shall be classified. as Failed Fuel--Class

F-1;

b. Previously Encapsul ated Assemblies.

As'semblies 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 handlin'g.

c. Regulatory Requirements.

. Spent fuel assemblies shall be packaged and placed in casks so that all applicable regulatory requi rements are met.

APPENDIX E '.

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: Yi sual 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 wi ll be issued by the DOE no later than the date on which DOE submits its license application to the Nuclear Regulatory Commission for the fi rst disposal facility.

APPENDIX F DETAILED DESCRjPTION OF PURCHASER'S FUEL This information shall'be provided by Purchaser for each distinct fuel type ~ithin a Shipping Lot not later than sixty (60) days prior to the.,

schedule transportation date.

Purchaser Contract Number/Date

'eactor/Facility Name e

I-. Drawings included in generic dossier:

1.. Fuel Assembly Dossier Number:

DMGg, DOE Shipping Lot g:

g Assemblies Described: BWR PHR

2. Upper 8 Lower end fittings DMGg Other II. DESIGN MATERIAL DESCRIPTIONS Fuel Element Assembly Description Element type. 1. Number of El asents (rod, pl"ate,'tc.

2. Overall dimensions

2. Total length (in.) / ,(in. )

Teengt cross section

3. Active '1 ength (in.)

3.. Overall weight

4. Cl adding material (Zr, s.s., etc.)

III. Describe any distortions, cladding damage or other damage to the spent fuel, or nonfuel components withi n thi s Shipping Lot which will require special handling procedures; (Attach additional pages if 'eeded.)

APPENDIX F IV. Assembly Number Shipping Lot g IRRADIATION HISTORY CYCLE NUMBER

1. Startup date (mo/day/yr)

2. Shutdown date (mo/day/yr)

3. Cumul ative fuel exposure (mwd/qrt u)

4. Avg. reactor power (mwth)

5. Total heat output/assembly in watts, using an approved calcu-lational method: as of Date Any false, fictitious or fraudulent statement may be punishable by fine or imprisonment: (U.S. Code, Title 18, Section 1001).

By Purchaser:

Signature it e Date

APPENDIX G Standard Remittance of Advice RA for Pa ent of Fees Assigned Three-Month Period Covered:

frcm - - . to

1. A. P'urchaser (Utility name and address)

Contract Number II. Payment 'for Spent Nuclear Fuel A. Financial Obligation as of April 7, 1983 B. Financial Obligation as'f, Date of First/Single Payment C. Date of First/Single Payment D. Unpaid Balance to Date E Date of This Payment

..F Ten Year Treasury Note Rate III.. Payment for M/KWH Fee A. Total Nuclear KMH Generated During Assigned Three Month Period Covered B. Date of This Payment C. M/KMH Fee Schedule Rate

IV; Underpaymnet (as notified by DOE)

A.. Date of Notification B. DOE Invoice Number C. Interest Paid V. Late Payments (as notified by DOE)

A. . Date of Notification B. DOE Invoice Number C. Interest Paid VI. Other Credits Claimed. (Explain VII. Total Remittance Prepared by:

Title:

Phone Number:

Date; Any false, fictitious or. fraudulent statement may be punishable by fine or imprisonment (U.S. "Code, Title 18, Section 1001.)

By Purchaser:

Signature lt e Date OR DOE'SE ONLY HELOT HIS LINE

1. Deposit to Account 89-5227

2. Receipt of Payment Verification

a. Date Payment Received

b. Verification Performed by

~

~

3. Posted to Cumulative Remitter Ledger:

I

'a. Date Posted

b. Posted by

4. Late Payments:

a. Calculation of late charge (attach schedule)

b. Billing date

5. After processing RA furnish copy to OCRMM

yl ONS FOR COHPLETING DOE REMITTANCE AOVIC Upon completion, this form must be mail.ed on the last workday of the month following each assigned three-month period.

~CT ~N Name 5 Address (self explanatory)

Contract Number will be the identification number assigned by DOE upon execution.

~j'T Based upon permanently discharged inventory of spent fuel and HLM amassed prior to April 7, 1983, and that portion of the in-core fuel burned through April 6, 1983. Under either payment option 1 or 2, interest will accrue and be compounded at 13-week Treasury bill'ates until the first/single pay-ment is made. If the 10.year option is selected, purchaser's

'I financial obligation will be paid in level payment of principal and interesi over the first payment. Payments will be made in quarterly installments con-currently with the normal three month assigned period. If option 2 is selected, purchaser will liquidate its total financial obligation, consis~-

ing of the fee plus accrued 4

interest, in 'the form of a single payment. If option 3 is selected, no interest will accrue and lines A and E only must II be filled out This section of the Remittance Advice should be completed for each payment under the 10 year option and only once with either single payment option. (See Annex B, to be completed only once.)

a. Self explanatory

b. Fee obligation plus accrued interest ce Self explanatory

d. Self explanatory

f. Tm Year Treasury Note rate in effect at first/single payment

$ Amount paid

~

~

~ lg SECTION II I'.

Based upon electricity generated on or after April ?, 1983, a schedule should be attached specifying the gross power generated by each plant during the assigned three-month period as measured at the output ter-minals of the turbine generator. (See Annex A, to be completed with each submi ssion of the remittance advice.).

a. Total of power generation from attached schedules

b. Sel f expl.anatory.

c. Fee schedule rate in effect at time of payment SECTIONS IV 5. V.

(Same instructions as above) DOE will invoice purchasers when underpayments or late payments occur, reference a particular payment, and state the reason for the invoice.

A. The date the purchaser .received DOE invoice B. DOE's invoice "

C. Interest paid

$. Consists of interest if late payment or fees plus interest if under payment SECTION VI:

Explain on an attached sheet of paper, if necessary, why DOE has been over-paid and the proposed disposition of the payment, e.g., apply credit against this payment or send refund.

$ If applied against this payment, this number is negative. If refund desi red, leave blank and pay gross amount due from Sections II through Y.

SECTION YII:

1 The sum of Sections. II through YI.

1

~

~

APPENDIX "G" (Continued)

Gui de for Remit tance

'nstruction o f Nuclear Baste Disposal Fees to Deoa rtmeni o f Energy Yia Mire Tr an s fer E

Pavments made to the Department of Energy (DOE) for t<uc3.ear Naste Disposal Fees affected by the Purchaser's P'.

w$ 11 be commercial bank via the Federal Reserve Communications System (also known as Fed~ire) to the Deoartment of Treasury. If the Purchaser's commercial bank is not a Federal Reserve member, then tt e Purchase 's tank wi11 use a correspondent. member bank to effect the transfer of funds.

Purchaser must orovide soecific infor~ation to its bank so that the transfer of funds can take place.,Failure to correctly orovide the infoTmetion could result in delay'rediting of the remittance to DOE and could subject the purchaser to late char@as..

4 wire transfer of funds message with descriotfons of specific date elements is provided in Enclosure A. Enclosure 8 con ains instructions and a sample fnrm of a transfer of funds that shows tl e soecific information to be supplied by the Purchas r when reouesting its commercial bank to initiate a transfer of funds ~

~

g

<nclosure' si o~s a transfer of funds message form that may be o~ntncoofed ~nd used each time a transfer of funds must be made. Constant information has been prep=inted on the form.

Only that information applicable to that particular monthly remittance (i.e., amount, date, company name) must:be filled in

)

orior to submitt1ng the form to your bank.

If additional 1nfermation is required, contact DOE Tense sentatives ><ark Loop or Doe Startari on (301) 35 -4999 or

~ ~ 3-5957) ~

Enc10sure A Guide for Funds Transfer t<essages to Tr asury Th following instructions provide specific information which 1s reau$ red so that a funds (wire) transfer messaoe can be tr'ansmit ted to the Department of the Treasury. The funds.

transfer mes saoe format is shown in Exhibit l. 4 narrat Ye descr'ption of each item on the funds transfer message follows:

Line 1 It m 1 - Priority Code - The priority code will be provided by the sendinq bantc.. (Note: Some Federal Reserve district bsnks may not rer,uire this item..)

Item ~ - Treasurv D~oa'Ttment Code - The nine-digit identifier ""21030004" 1s the routing symhol of the Treasury'. 'Thfs item is e constant and is requireC for all funds trensf r messages sent to Treasury.

Item 5' Tvoe Code - The type code, 10, identifies funds transfer m ssaoes. Th1s item is a constant and is requirec'.

for all funds transfer messages so rt to Treasury.

~ C

~,a Line Item h - Sendino Bank Code - This nine-dioit identifi r wi}l be provided by the sending bank.

Jte~ a - ".lass - The class field may be used, at the option of the sendino. bank .. (Note: Some Federal Reserve Dis tricts orohi~it use. nf th$ s class/field.)

Item ~ - Reference Number - The reference number will be

~~serted by the sending bank to id ntify the transaction.

Ttem 7 - Amnunt >>- The amount must include the dollar sign and the aoorooriate punctuation including c nts digits.

This item will be provided by the purchaser.

Line 4 't Item 8 - Sen~ina B"-nk Name - The teleoraphic abbreviation which cor".esponds to item 4 will be provided by the sending bank.

Item 9 Treasury Oeoartment Name - Tl'is.it m is of c"itical importance.; It must appear on the funds transfer message in the precise manner as stated to allow for the automated orocessino and classification of the funds transfer messec to Tres'sury for credit to the Department of En b'av. This item is comprised of a rigidly formatted, nonvaria~le se~uence of 2~ characters as follows:

TRE>5 NYC/.(8900000.) DGE HWF

1

~ ~ 4 1 ~

t

~

( ~ I v 4

'ZH1927 3-

~ 1 ~

6 6

'l 021030004 10 f Qsol E3 ~ PadateJ

~y 4 021000021 3OO~ St~305,500.00 ~ ~

O49f 4 >oct O*e4 *AN 4 CLAT g 33 OATS CHASE NYt:

s Q> T~E>3 HT</(39000003) 00E-NMl'0 DOE- NUCLEAR HASTE FKK ll 1<AY 80/ABC PURCHRSER

~0

~~

yt 0

~ t ~

l

Line 6' and' Pa ~ent Id~ntification - The payment identification should be furnished by'h~ remitter in the following manner:

Item 19 - The constant "DOE NUCNASTF F~:-" will be inserted.

Item ll - The month an'd year the fees were incurr d'i.e.;

Hay ~n) followed ~y a slash (/).

Item 12 - The comoany name is inserted following the slash.

~ 1 i '\

KNCLOSUR. 3

~ e

~ i e

~0 The above'examp1e fs a completed transfer of funds message form deta41$ ng those Items {A thru U fi1led jn by the remit $ ng ccmpany.

DESERIPTIOti Anount-must be proper1y punctuated to fnc1ud cents digit".

Oata - tronth and year fol1cwed by a s1ash(/}

C Co~any Batr .

e O

4 0 021030004 10 trav 4Cf QCSQV4T gao+Oiag 4 J,aeR AaQ 4[RAT40 QAiA C( (8 90g0003 ) gOE " g~

~ ~

~ g ~

~ ~

Annex A to Appendix G STANDARD REMITTANCE OF ADVICE (RA) FOR PAYMENT OF FEES This Annex should be completed to compute the MKWH fee for SNF burned on or after April 7, 1983.

I. Identification A.. Purchaser:

B. Period Covered Last .. This Next

~re ort reoort. 'eoort

1. date submitted:

2.'eriod covered: Start date."

Finish date:

3. length of period covered (days  :

C. Unit identification (Only one unit may be covered in 'each report.)

a. Reactor/Facility Name:

2. Location:

3. Type:

Capaci ty:

&~ Date of Ccmmenc ment of Opera. ors:

6. NRC License No.:

II. Fee Calculation Prior This Period Period

l. Gross Thermal Energy produced (MWH)

..2 ~ Gross Electrical Energy produced (MWH)

3. Gross Thermal Energy not used to generate electrical output (MWH) 4, Gross electrical equivalent of thermal electricity electrical energy produced (MWH)

(MWH)'et 5.

6. Electricity consumed/lost on site (MWH) 7~ Current fee rate: mi 1 1 /kWh

8. Current fee due:

Prepared by:

Phone number:

Date:

Annex B to Appendix G STANDARD REMITTANCE OF ADYICE (RA) FOR PAYHEHT OF FEES This Annex should be completed only for SHF 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. Capaci ty:

5. Date of Commencement of Operations:

6. HRC License Ho.:

II. Fee Calculation A. Dischar ed nuclear fuel burnupl (MWDT/MTU) '-

5000 5000-10000 10000

'0000 20000 up

2. initial loading (KgU)

(with indicated burnup)

3. fee 'rate (5/KgU) 80.00 142.00 l62.00 184.00

4. fee ($ )

5. total.fee (4)

B. Huclear fuel in the reactor core as of midnight of 6/7 April 1983 4 Assembly Initial burnup 1 as of Identification loading midnight (zga) .

6/7 April 1983 fee (M07DT /MTU) l.2.

3.

4 ~

5.

6.

7.

8.

9.

3.0.

11.

12.

13.

14.

15.

, 16.

12.

13.

14.

3.5.

16.

17.

18.

19.

20.

21.

22 a 23.

24.

25.

C. Total fee 1

Please provide (as an at achment) 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.