ML20049H455
| ML20049H455 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 02/18/1982 |
| From: | Copley R, Deuster R, Elfvin J, Gitlen P, Kane J, Kipps C, Larocca J, Schapiro W AFFILIATION NOT ASSIGNED, DIEBOLD & MILLONZI, ESGNYERD, JAECKLE, FLEISCHMAN & MUGEL, MILLER & CHEVALIER, NEW YORK, STATE OF, NUCLEAR FUEL SERVICES, INC., PETROTOMICS, U.S. DISTRICT COURT, WESTERN DISTRICT OF NEW YORK, WHITEMAN, OSTERMAN & HANNA |
| To: | |
| Shared Package | |
| ML20049H453 | List: |
| References | |
| CIV-81-18E, CIV-81-683E, NUDOCS 8203030079 | |
| Download: ML20049H455 (75) | |
Text
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK NEW YORK STATE ENERGY RESEARCH : I AND DEVELOPMENT AUTHORITY, P1a'intiff,
- Civil Action No.
CIV-81-18E
- against .
NUCLEAR FUEL SERVICES, INC., :
and GETTY OIL COMPANY, Defendants.
NUCLEAR. FUEL SERVICES, INC., : -
Plaintiff, : ,
- against - : Civil Action No.
CIV-81-683E NEW YORK STATE ENERGY RESEARCH :
AND DEVELOPMENT AUTHORITY, Defendant.
SETTLEMENT AGREEMENT, STIPULATION, AND ORDER IT IS.HEREBY AGREED AND STIPULATED, among Nuclear Fuel Services, Inc. ("NFS") , Getty Oil Company ("Getty"), and ,
'the New York State Energy Research and Development' Authority
(" Authority"), and their respective attorneys, in consideration of their respective agreements contained herein:
Section 1. Definitions.
Whenever used in this Agreement, the following terms shall have the meanings set forth below: ,
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8203030079 820226 .# d PDR ADOCK 05000201 .<'
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ACT - the West Valley Demonstration Project Act, Pub. .
L.96-368. .
{ AGREEMENT - this Settlement' Agreement, Stipulation, _
and Order. -
APPROVAL.DATE - 12:00 Noon on that day on which the United States District Court.for the Western District of' New York approves thi.s Agreement as an Order of the Court.
. AUTHORITY - the New York State Energy Research and ,
Development Authority and its predecessors.
. CENTER 'the Western New Yo'k r Nuclear Service Center in Cattaraugus and Erie Counties, New York, including with-out limitation, the entire site of approximately 3,345-acres.
held by the Authority and the improvements thereon.
CLOSING DATE - 12:00 Noon of that day'on which the DEC i . and D0L permits possessed by NFS relating to the L6w Level Storage Facilities have been unconditionally terminated as provided in Section 4(b).
COOPERATIVE AGREEMENT - the October 1,1980 Agreement, as amended September.8 l' ,1981, between the Autliority and 1
DOE. iinplementing the Act. l 1
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DEC - New York State Department of Environmental Conservation. -
- DOE - United States Department of Energy.
DOE TAKE0VER - the transfer by NFS to DOE of the Project
- Premises and Proj ect Facilities. For purposes of this
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Agreement, the DOE Takeover will be deemed to occur a't 11:45 P.M. on the day that DOE or its contractor takes possession of the Project Premises and Project Facilities. -
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. DOL - New York State Department of Labor.
FACILITIES CONTRACT the May 15, 1963 Facilities ,
Contract between NFS and the Authority.
FINAL JUDGMENT - a judgment or order of a court of competent jurisdiction which i~s no longer subject to review or appeal.
FRF - the Fuel Receiving Facility.
GETTY ,Getty 011 Company and Skelly 011 Company (previously merged into Getty 0il Company) .
4 LEASE - the May 15, 1963 Lease between NFS and the
' Authority. -
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LETTER AGREEMENT - the June 16, 1966 Letter Agreement between NFS and the Authority relating to the burial of
< solid radioactive wastes. ,
NFS - Nuclear Fuel Services, Inc. -
NFS MATERIAL - as defined in Exhibit B.
NRC - United States' Nuclear Regulatory Commission.
PROJECT - the Proj ect contemplated by the Act.
PROJECT PREMISES and PROJECT FACILITIES - as defined in the Cooperative Agreement.
SETTLEMENT DATE - 12:00 Noon on the day on which the provisions of Sections 3, 4(b), 6, 9,11(b), and 15 of this Agreemen't become effective pursuant to Section'2(b) of this Agreement. -
SPENT FUEL - the spent nuclear fuel rods and issemblies, control rods and assemblies, burnable poison clusters and assemblies, neutron sources, and any other contaminated material or hardware currently stored in the FRF, but not including the pool, racks, canni'sters, or other facilities, equipment,, machinery, or hardware necessary for the storage in, or movement into or out of, the pool of spent nuclear fuel or'other material stored in the FRF.
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., TRUST INDENTURE - the ' Trust Indenture executed by the Authority, NFC, and the Trustee contemporaneously with this
, Agreement which gov. erns the manner of payment by NFS under .
Exhibit B and Section 6 hereof and a copy of which is
. attached hereto as Exhibit A and is incorporated and made
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a part hereof as if fully set forth herein.
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WASTE STORAGE AGREEM5NT - the May 15, 1963 Waste Storage Agreement between NFS and the. Authority. -
WEST VALLEY AGREEMEITS - the Lease, Waste Storage Agreement, Facilities Contract, and Letter Agreement.
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The terms FUEL RECEIVING FACILITY, HIGH LEVEL STORAGE f FACILITIES, LEASED FACILITIES, LEASED PREMISES, LESSEE'S IMPROVEMENTS, LOW LEVEL STORAGE FACILITIES, and PLANT STORAGE FACILITY shall have the meanings set forth in'the West Valley Agreements.
Section 2. Effectiveness of Provisions.
(a) The provisions of Sections 1, 2, 4(a), 5, 7, 8, i
10, 11(a), and 12 through 14. of this Agreement shall become effective and binding upon the parties immediately upon the Approval Date.
9 9 ,
s (b) The provisions of Sections 3,t4(b), 6, 9, ll(b) and 15 of this Agreement shall become effective and binding upon the parties if, within one year from.the Approval,Date or -
any longer period to which the parties mutually: agree in writing: -
(1) all Spent Fuel at the Center is the subject
. of either (i)" agreements between its owners and th'e Authority setting forth the specific terms and conditions for its storage at and -
removal from the Center or (ii) Final Judg- '
- ments determining that its owners are responsible <to the Authority for its prompt removal from the Center; or i
(2) the Authority notifies NFS in writing that it elects to make Sections 3, 4(b), 6, 9, ll(b), -
and 15 effective; provided, that Sections 3, 4(b), 6, 9,11(b), and 15 shall
! become effective only if an amendment of NRC License No. .
CSF-1 terminating all of NFS' authority and responsibilit'y
. thereunder becomes effective simultaneously therewith.
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_7 (c)
$ The provisions of the letter agreement betw een NFS and the Authority executed contemporaneous 1y herewit
, relating
-s- to the prompt transfer of the Project Premi
. ses and Project Facilities by NFS to DOE for the purpose of i Act, mplementing the are, according to the term's thereof, effective im
_ , mediately
, upon execution of said letter agresment.
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Section 3.
Surrender of~~the Center. _
The Lease is deemed to have expired according o its t -
terms on December 31, 19S0.
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NFS has surrendered and the s
Authority has accepted the Leased Premises
, Leased Facilities,
.;$ and Lessee's Improvements pursuant to Articlesof26 and H the Lease. .
.y NFS has also surrendered and, as between NFS
- -T and the Authority,
. the Authority has assumed, under Sections 3.04 and 6.04 of the Waste Storage Agreement and th Agreement, e Letter responsibility for the High Level Storage Facilities and the Plant Storage Facility .
Except as otherwise provided in Sections 4 ,
5 and 9, NFS shall have no further rights, title Center, , or interests in -the or in any real or personal property therein' responsibility with respect , nor any thereto, nor any control or' rights with respect to the Project or any other fut ure m
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activities at the Center and, as between NFS and the Authority, all such rights, interests, responsibility, and control shall be vested in the Authority. ,
Section 4. Low Level Storage Facilities.
. (a)(1) Effective upon 'the DOE Takeover, NFS surrenders and the Authority hereby assumes responsibility for the Low Level Storage Facilities pursuant to Section 6.04(c) of the Waste Storage Agreement and, except as otherwise provided in
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this Section and Sect, ion 9, NFS shall have no further responsi-bility with respect to such facilities, financial or other-
. wise. -
(2) The surrender and assumption of responsibility for the Low Level Storage Facilities under subparagraph (a)
(1) shall not relieve NFS of its obligation to pay to the Authority all amounts, if any, payable prior to or in
. connection with such surrender and assumption, and shall not impair any rights or remedies of the Authority against' NFS
! in respect of any failure by NFS to comply with the terms and provisions of the Waste Storage Agreement prior to the -
.dat,e of such surrender and assumption.
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(3)
Notwithstanding the provisions of subparagraph (a)(1) of this paragraph, except as NFS and the Authority 3.- ,
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. may otherwise agree in writing, until there is a Final Judg- .
. ment of the United States District Court for the Western District of New York, determining the obligations of the parties with respect to the Low Level Storage Facilities under the West Valley Agreements, and NFS' DEC and DOL permits and licenses relating to the Low Level Storage Facilities are terminated:
- - (1) NFS shall maintain the Low Level Storage
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-g. Facilities in their condition as of the Approval Date ("Present fi Condition") and have responsibility for, and except as other-
] wise provided in subparagraphs (a)(3)(ii) and (a)(3)(iii),
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. as between IES and the Authority, shall bear all costs and
. expenses of compliance with all regulatory requirements applicable to the Low Level Storage Facilities, including, without limitation, (A) pumpi'ng and treatment of water which may accumulate or may have accumulated in the Low Level l
Storage Facilities and repairing the cover of the Low Level
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l Storage Facilities; and (B) complying with any regulatory requirement that is determined in proceedings under the "
December, 30, 1980, DEC Summary Abatement Order or in any l
other administrative or judicial proceeding eto have been -
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effective on and applicable to the. Low Level Storage Facili-q.
ties on December 31, 1980; (ii) As between NFS and the Authority, the Authority shall be financially responsible for and shail
_- =9 reimburse NFS for all costs and expenses directly resulting
. ;! from any regulation o.r permit requirement first in effect
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or first applicable to the Low Level Storage Facilities
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after the Approval Date requiring alteration of the Low
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' Level Storage Facilities from their Present Condition; and a.
g.f- (iii) Nothing in this paragraph (a) shall
- f,d j prejudice ady claims of NFS or the Authority against each
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-g,j other or any other person for costs or expenses resulting M
-g from any regulation or permit requirement first in effect -
i.:).
or first applicable to the Low Level, Storage Facilities
}'j after December 31, 1980, and before the Approval Date, re-quiring alteration of the Low Level Storage Facilities from '
their Present Condition.
(4) Except for any financial responsibility for
.cost s or expenses accrued between the Approval Date and the Settlement Date, the. provisions of subparagraphs (a)(2) and (a)(3) and all rights, remedies, responsibilities, and obli-gations thereunder, shall expire and terminate.on the .
Settlement Date. '
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e (b) (1) UponandaftertheSethlementDate,NFSand the Authority shall promptly take all steps necessary to terminate all of NFS' rights, obligations, and responsibilities under any and all. permits, licenses, exemptions, and other permissions of the DEC, DOL, or other regulatory bodies re.lating to the Low Level Storage Facilities and to obtain such permits, licenses, exe.mptions, and permissions', if any,
, as may be necessary for the Authority to assume mainte ance responsibility, as between NFS and the Authority, for such facilities. Until the Closing Date:
(i) NFS shall be responsible for, and, except,as provided below in this subparagraph (b)(1), bear all costs andedpensesof,continuingto maintain the Low Level Storage Facilities in their condition on the Settlement Date (" Settlement Date Condition"), and (ii) as between NFS and the Authority, the l Authority shal,1 be financially responsible for all costs and expenses directly re-
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sulting from any alteration of the Low Level Storage Facilities *from their ~
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a Settlement Date Condition pursuant to
- any permit or regulatory requirement, and shall reimburse NFS therefor; s
provided, that in any event, the Authority shall reimburse '
NFS for all costs and expenses incurred by NFS in connection with the operation and maintenance of the Low Level Storage Facilities after 120 days"from the Settlement Date.
(2) Except as otherwise specifically provided in .
Section 9, upon the, Closing Date NFS shall have no further rights, title,
~ or interests in the Low Level Storage
' Facilities,
- j. or in any radioactive 2 wastes or real or personal i property therein, nor any' responsibility with respect thereto, i
nor any further right either to use such facilities or to "
~ tender wastes. for burial therein, nor any control or rights with respect to any future activities at the Low Level Storage Facilities, and, as between NFS and the Authority .
all such rights, interests, responsibility, and control shall be vested with the Authority.
l Section 5. Spent Fuel.
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(a)
NFSrecognisesthehuthority'sright'asownerof
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the Center to have all Spent Fuel removed from the Center .
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The Spent Fuel that NFS and the Authority have currently identified as owned by.NFS is identified specifically in, and' upon and after ,the Approval Date shall be subject to, the provisions of Exhibit B, attached to and made a part of !
this Agreement as if fully set forth in this Section. NFS i
further recognizes that timely implementation of the Project has priority over storaeg of Spent Fuel in.the FRF and the
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Spent. Fuel owned by NFS must be removed from the Center in accordance with Exhibit B. '
The Authority does not have, and
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shall not have under,this Agreement or under any of the provisions of the West Valley Agreements, any title, risk, or liability or, except as specifically provided in Exhibit
-J i V B, any responsibility, duty, or obligation with respect to any Spent Fuel. ,
(b) With' respect to Spent Fuel that is not identified as NFS Material ln Exhibit B of this Agreement:
(1) Upon (i) the execution of an agreement '
j between the Authority and any, utility setting forth the specific terms and conditions for storage at and removal from the Cent'er of any such Spent Fuel or (ii) a Final Judgment that a utility is responsib'le to the Authority for the prompt removal of such Spent Fuel from the Center, NFS C ,
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o shall thereafter have no responsibility or liability with
.y respect to the Spent Fuel covered by such agreement or
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j udgment; .
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- l (2) In the event of a Final Judgment, or a "
., written acknowledgment by'NFS, that any such Spent Fuel 1
belongs to or is owned.by NFS, or that NFS is responsible for the storage, removal or transportation thereof, the Authority may elect'within 60 days of receipt of notifica-tion of such Final Judgment or acknowledgment to treat such .
Spent Fuel, to the Yxtent of such responsibility, as Spent
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Fuel owned by NFS under paragraph (a) of this Section and ,
Exhibit B, whereupon such'. Spent Fuel will be deemed Spent Fuel owned by NFS, to the extent of such responsibility, under paragraph (a) of this Section and Exhibit B; and (3) Except as provided in this.Section and Section 9, nothing in this Agreement shall dimin'ish'or otherwise '
affect any claims, rights, powers, or remedies the Authority or NFS may have against any person or entity relating to such Spent F'el. u e
Section 6. Payments by NFS.
- NFS'will make the following payments:
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o (a) Pursuant to the terms of a non-negotiable promis-sory note, in the form of that annexed hereto as Exhibit C, delivered to the Authority within ten (10) days of, and -
dated as of, the Settlement Date, and Section 3 of the Trust Indenture, NFS will pay to the Authority the sum of Five Million Dollars ($5,000,000.00), with payments in accordance with the following schedule.
'c Date Amount .
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Within ten (10) days of the $1,000,000.00 '
Settlement Date ..
. Dece'mber 1, 1982, or within ten $1,000,000.00 (10) days of the Settlement Date, ~
. whichever is later ,_
December 1, 1983 $1,000,000.00 December 1, 1984 $1,000,000.00 December 1, 1985 $1,000,000.00 (b) NFS will pay a certain bonded indebtedness of the Authority in the amodnt of Fourteen Million, Nine $undred Fourteen Thousand, Seven Hundred Twenty-Eight Dollars
($14,914,728.00) (" Bonded Indsbtedness"), in accordance with Section 1.of the Trust Indenture.
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Section 7. Letters of Credit..
To secure NFS' performance of its obligations to the Authority under Sections 5 and 6 and Exhibit B. NFS has .
delivered to the Authority, on and'as of the Approval Date, two Letters of Credit in amounts totalling $18,400,000.00, copies of which are attached to this Agreement as Exhibits 9
D and E.
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Section 8. Subordination of Getty Loans; Notice of Transfer of NFS Assets. -
(a) The May 31, 1971 Letter Agreement among Getty, Skelly 011 Company (since merged into Getty), and the New
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York State Atomic and Space' Development Authority (the Authority's predecessor) regarding subordination of Getty's ,
, right to repayment of certain loans to NFS is terminated as of the Approval Date. '
As of the Approval Date, Getty's right of repayment ,
of any loans now outstanding or hereafter made by it to NFS .
shall be subordinate in all respects to all' of NFS' obli-gations under Section 5 and Exhibit B of this Agreement.
8etty and NFS agree that none of such loans shall be repaid until NFS has satisfied each of its obligations under the prov5.siohs of Section 5 and Exhibit B of this Agreemeht.
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'#' Getty shall immediately mark and legend each of the documents
' evidencing such loans to the effect that repayment of such loans is subject ,tc[ this Agreement and shall provide copies
. . _ of such documents, so marked and legended, to the Authority:
(1)'for loans now outstanding, within ten (10) days of the
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Approval Date; (2) for loans hereafter made, within five jt
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(5) days of the datefthereof.
..- (b)
NFS shall give the Authority thirty (30) days written notice in advance of any proposed sale or other
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1 transfer of all of substantially all of its assets or JE business, whereupon the Authority shall have the right,
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on notice to NFS, to make application to the United States
%y District Court for the Western District of New York for such further Order as umy be just to reasonably ensure O performance of NFS' obligations under this Agreement.
Section 9. Release's. '
(a)
Except as otherwise specifically provided in this Agreement, NFS and Getty hereby release and forever discharge the Authority, its officials, officers, members, employees, contractors, and agents, from all claims, damages, obli-gations, debts, demands, suits, covenants, causes of action, and liabilities of any nature at law or incequity that now 4
exist or may hereafter accrue, whether known or unknown,, 1
. . arising out of or relating in any respect to the West Valley Agreements,. or otherwise arising out of or relating to the
- 4k Center; provided that nothing in this Agreeme'nt shall pro-hibit, prevent, e or bar NFS from s' eking'or obtaining any -
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relief from the Authority with respect to any liabilities f to third persons incurred by NFS for damage to or loss 'of property or for perso,nal injury arising from any act or 1
omission by the Authority, its employees, agents, or con- .
tractors, which act,,or omission occurred: (i) with respect 3 to that portion of the Center other than the Low Level g-Storage Facilities, after,the DOE Takeover; (ii) with respe.ct N
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to the Low Level Storage Facilities, after the Closing Date.
(b) Except as otherwise specifically provided in this Agreement, the Authority hereby releases and forever discharges -
NFS and Getty, their stockholders, affiliates, successors in ,
, inter'est, officers, directors, employees, contractors, and agents 'from all claims, damages, obligations, debts, demands, suits, covenants, causes of action, and lia.bilities of any nature at law or in equity that now exist or may hereafter
. accrue, whether known.or unknown, which the Authority could assert or in which it could claim an interest, arising out of'or relating in any respect to the West Valley Agreements,
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or otherwise arising out of or relating in any respect to the Center or NFS' possession or operation thereof; provided that nothing in this A'greement shall prohibit, prevent, or
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bar the Authority from seeking or obtaining any relief from i
NFS with respect to:
(1) Any liabilities to third persons incurred by the Authority for damage to~or loss of pr'operty or for personal injury arising from any act or omission by NFS, its -
employees, agents, or contractors, which act or omission -
occurred: (i) with respect to that portion of the Center other than the Low Level Storage Facilities, before the DOE Takeover; (ii) with respecp to the Low Level Storage Facilities, 4 before the Closing Date; a
(2) Any violation of any Federal regulatory requirement involving the maintenance or operation of the Plant Storage Facility by NFS which was not known to the Authority, prior to the Approva'l Date, unless and until the NRC determines, in writing, that the Plant Storage Facility, including the wastes buried therein, was not in violation ~
of any regulatory requirements applicable to the Plant Storage Facility before the DOE Takeover Date. NFS and the Authority agree to promptly request that the NRC
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o determine whether or not any such v.iolation occurred.
In
, , any event,
, any liability of NFS to the Authority that might v remain with respect to the Plant Storage Facility or.the .
i wastes buried therein under this subparagraph (b)(2) shall be limited to the recovery of those damages actually sustained .
by the Authority as a result of NFS' failure to operate or c
maintain the Plant Storage ~ Facility, or to_ dispose of the
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wastes buried therein, in accordance with applicable regulatory requirements;
, (3) The burial of any material in the Low Level a
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Storage Facilities or ~:he Plant Storage Facility, the burial
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1 of which NFS or any of itq, employees, agents, or contractors 1 knew violated then-applicable laws, rules, regulations, orders, or regulatory requirements of any Federal or State agency having jurisdiction over such facility, unless NES can show the burial of such material in such facility was actually known by the Authority on or before the Approval Date; or .
(4) Any Spent Fuel other than (1) the Spent Fuel identified as NFS Ma'terial in Exhibit B; or (ii)
. ~ that Spent Fuel for which NFS' responsiblity and liability
. have been terminated under Section 5(b)(1);
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and provided further *. hat nothing in this Agreement shall prohibit, prevent, or bar such claims, if any, as the Authority may have against'Getty,' derivative or otherwise, which claims are within the scope of subparagraphs (1) through (4) of this paragraph (b) of Section 9.
Section 10. Subrogation of Rights.
With respect to any and all wastes or other materials of whatever type buried in the Plant Storage Facility .cn the Low Level Storage Facilities, the Authority shall be
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subrogated to any and all rights of NFS against the owners, former owners, producers, generators, transporters, or
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carriers of such wastes or materials arising out of or related to such wastes or materials or the burial thereof. .
Section 11. Suspension and Dismissal of Litigation.
(a) NFS, Getty, and the Authority hereby jointly request
' that the United States District Court for the Western District of New York approve this Agreement as an Order of the Court, to which they consent, and thereupon to immediately suspend the above-entitled actions for one year from the Approval Date, subject to the dismissal of such actions pursuant to subparagraph (b) of this ,Section. NFS shall promptly request c .
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. the United States Court of Appeals for the District of Columbia Circuit and the NRC to immediately dismis.', the j .
pending proceedings under their respective ju:risdictions initiated by NFS relating to' Change No. 31 to License No.
CSF--1, without prejudice to the initiation of further proceedings if the Settlement Date does not occur within one l y*. '
$.t' . year from the Approval bate.
The. parties further agree not
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' to initiate any further administrative or judicial proceed-
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..:. ?,. ings relating to the Center or the West Valley Agreements -
until one year from the Approval Date or-until the Settle-j%].
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ment Date, whichever is sooner, provided, that nothing in ij}
this Section shall proh,1. bit, prevent, or bar either (1) .
jf.If
+-3 the initiation of any proceeding related to spent Fuel other gg] .
than Spent Fuel identified in Exhibit B as NFS Material; or .
5f# (2) the initiation of any proceeding (A) to contest or .
otherwise challenge the imposition, upon or after the. Approval Date, of any rule, regulation, order, or other 4 - regulatory requirement with respect to the Center; or (B) which would be barred by any applicable statute of limita-
. tion if not initiated within such period.
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, (b) Promptly after the Settlement Date, NFS, Getty, and the Authority shall jointly request that the United
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States District Court for the Western District of New York
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I dismiss the above-entitled actions , sub'j ect to this Agreement, each party to bear its own c'osts. Section 12. Jurisdiction of the Court. The parties agree, stipulate, and consent to the juris-diction of the United States District Court for the Western District of New York, upon approving this Agreement by Order, to enforce compliance with the provisions of 'his Agreement as the provisions of an Order of the Court. .Upon and after the Approval Date, this igreement shall remain in ~ force and effect in accordance with its terms, irrespective of the jurisdiction of the United States District Court for the Western District of New iork. Section 13. Law Governing Agreement. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of New
' York.
Section 14. Miscellaneous. The headings in this Agreement are for convenience of
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refeicence only, and shall not define or limit the terms .
. hereof. Except as provided herein, all the terms of this c
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Agreement shall be binding upon and inure to the benefit
.i of and be enforceable by the respective successors and assigns of,the parties hereto. -
This Agreement, including the attached exhibits and schedules that are expressly nade a part of this Agreement, r and the letternagreements executed contemporaneous 1y here- - , i with, embody all of the asreements and understandings among !
,' the parties.
The parties ~ expressly agree that drafts of
-- this Agreement shall not be admissible for the purpose of . .- ^
construing or interpreting the provisions of this Agreement
; in any administrative or judicial proceeding. -
f. S
- All notices or other ommunications which 'may or are j ,
required to be given by either party to the other under - this Agreement (except for payments) shall be deemed to have been sufficiently given for all purposes hereunder when delivered or mailed by registered or certified ma.il, postage prepaid, return receipt requested: (i) if to the Authority, to its Pre'sident, Agency Building Two, Governor Nels'on A. Rockefeller. Empire State Plaza, Albany, New York 12223...or at such other address as ~the Authority may later specify to
' 'NFS in writing, (ii) if to NFS, to its President, at 6000 Executiye ' Boulevard, Suite 600, Rockville, Maryland -20852,
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or at such other address as NFS may later specify to the Authority in writing. This Agreement may be executed in any number of counterparts, each of which shall be an original but all of which together shall constitute one and the same instrument. Section'15. Compromise and Settlement. -
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Upon the Settlement Date, this Agreement shall constitute , a compromise and settlement of all of the parties' respective . claims (without admittfing or denying any of such claims) asserted in the above-entitled actions or otherwise arising out of or relating to the West Valley Agre'ements or otherwise arising out of or relating to the Center or NFS' use or operation thereof. , February 18, 1982 NUCLEAR FUEL' SERVICES, INC. By: ~ Name: , Ralph (W. Deuster
Title:
President February 18, 1982 GETTY OIL COMPANY IR.
. . By: ; .
Name: D.'Copl/y, J #'
Title:
Vice President, Chief Counsel e g e 7'
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February 18, 1982 NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY By: ,. , u-o Name: games L. Larocca T
Title:
Chairman 1 February 18, 1982 -- EN r w ( . CLARENCE T. KIPPS , JR. #' A =i. I (' - - MILLER & CHEVALIER, CHARTERED 17"' - ennsylvania Avenue
., Wa :.; agton, D. C. 20006 .
- Attorneys for Nuclear Fuel -
Services, Inc.
@ s February 18, 1982 ,
WILLIAM 1.(SplAPIRO ' JAECKLE, FLEISCHMANN & MUGEL - 700 Liberty Bank Building Buffalo, New York Attorneys for'.Getty 011 Company
. February 18, 1982 -,-desd4 ug.
. F . J AKES KANE , JRl '//
DIEBOLD', MILLONZI, RAISER '
. & AdBSHAW ,
15 Court' Street
- Buffalo, New York 14202 l
n
O February 18, 1982 i . AA PHILIP H."GITLEN
' ' WHITEMAN OSTERMAN c HANNA 99 Washington Avenue Albany, New York
, 12210 Attorneys for New York State Energy Research and Development Authority So Ordered: Dated: Buffalo, New York
- February , 1982
~,fy Hon. Johv T. Elfvin, Unitdd States
- Distri Judge .
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EXHIBIT A , TRUST INDENTURE AGREEMENT, dated as of February 18 , 1982 by and between Nuclear Fuel Services, Inc. ("NFS" ) , a corporation duly organized and existing under the laws of the State of Maryland having its principal office at 6000 Executive Boulevard, Rockville, Maryland 20852, the New York State Energy Research and~ Development Authority (" Authority"), a public benefit corporation duly organized, and existing under the laws of the State of New York having its principal office at Agency Building Two, Governor Nelson A. Rockefeller Empire State Plaza, Albany, New York 12223, and Union National Bank,, a national banking association duly
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organized and existing under the laws of the United States of America ("Truste e") , having its principal office at 107 Washington Avenue, Albany, New York 12201. ,
- 1. APPOINTM5NT OF TRUSTEE, PAYMENT OF PRINCIPAL AMOUNT.
NFS and the Authority hereby appoint Union National Bank, and Union National Bank hereby agrees to serve, as Trustee pursuant to the terms and conditions of this Agreement. In accordance with the provisions of Section 6(b) of the Settlement Agreement, Stipulation, an'd Order to which this Agreement is attached as Exhibit A (" Settlement Agreement"), NFS shall deliver to the Trustee, within ten (10) days of the Settlement Date, as defined in the Settlement Agreement, and the
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Trustee shall thereupon acknowledge receipt of, the sum of Four Million Four Hundred Thousand ($4,400,000) Dollars (hereinaf ter referred to as
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the " Principal Amount"), which amount shall be delivered to the Trustee solely for the benefit of the Authority and ' for the purpose of fully servicing and amortizing that certain bonded indebtedness of the Authority existing as of January 1, 1982, and specifically identified in Schedule 1, which is attached hereto and made a part hereof (" Bonded Indebtedness"). NFS and the Authority agree that the Principal Amount is the present value of the Bonded Indebtedness and that the payment to the Trustee of the Principal Amount shall fully satisfy NFS's obligations under Section 6(b) of the Settlement Agreement. Upon delivery of the Principal Amount by NFS to the Trustee pursuant to this o. Section 1, NFS shall have no further obligation to make any further - payment under Section 6(b) of the Settlement Agreement or, except as specifically provided in Section 3 below, under this Agreement.
- 2. OPERATION OF TRUST. .
(a) The Principal Amount delivered by NFS to the Trustee pursuant to Section 1 of this Agreement, together with any interest or - dividends accrued thereon, shall be held in a , segregated account and invested by the Trustee in such instruments or investments as the Authority shall, in its sole discretion, from time to time designate to the Trustee in writing over the signature of a duly authorized officer of the Authority. The Trustee shall.from time to time, but in no event j prior to the closing Date (as defined in the Settlement Agreement), l deliver to the Authority such amounts ,of interest and dividends which
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have accrued on the Principal Amount as are sufficient to fully service and amortize the Bonded Indebtedness in accordance with the schedule of interest and principal payments set forth in Schedule 1 an'd to fully ' reimburse the Authority for payments ' made for such purposes after*
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January 1, 1982, and prior to the Closino Date (as defined in the Settlement Agreement). . (b) In the event that the interest and dividends accrued on the Principal Amount shall, at any time during the term of this Agreement, exceed the arount necessary to satisfy the current interest - and principal payments with respect to the Bonded Indebtedness of the Authority, the Trustee shall retain and invest such amounts and shall apply such amounts to any future payments thereof. (c) In the event that the amount ne'cessary to fully service
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and amortize the Bonded Indebtedness of the Authority in accordance with Schedule 1 shall, at any time,during the term of this Agreement, exceed , the amount of interest and dividends which have accrued on the Principal Amount, the Trustee shall make payment to the Authority from the
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Principal Amount as necessary to. fully service and amortize the Bonded Indebtedness.
- 3. ADDITIONAL PAYMENTS BY NFS.
- In addition to the Principal Amount delivered by NFS to the Trustee pursuant to Section 1, NFS shall deliver to.the Trustee as they
,become due (a) the Spent Fuel charges required to be paid by NFS pursuant to 'Section 5 and Exhibit B of the Settlement Agreement and (b) all' the payments due and owing by NFS to the Authority pursuant to paragraph (a) of Section 6 of the Settlement Agreement and the terms of a non-negotiable promissory note to be delivered to the Authority pursuant to such paragraph. The amounts delivered by NFS to the Trustee pursuant to this section, tog' ether with any interest or dividends C ,
accrued thereon, shall be held in a segregated account for the benefit of the' Authority for the purpose of meeting the Authority's obligations
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and expenses relating to the operation of the Low Level Storage Facilities (" LLSF ) at the Western New York Nuclear Service Center in West Valley, New York and the Uest Valley Demonstration Project Act (Pub. L. 96-368), and for other Authority purposes. Such amounts shall
*' be invested by the Trustee in such instruments or investments as the -
Authority shall, in its sole discretion, from time to tind designate to , the Trustee in writing over the signature of a duly authorized officer , of the Authority. The Trustee shall deliver to the Authority so much of
.the amounts, whether principal, interest, or* dividends, held by the Trustee under this section as the Authority shall, from time to time, request: (1) upon certification by the Treasurer of the Authority that such payments are (A) for/the benefit of and the purpose of meeting the Authority's costs, expenses, or obligations related to the operation or
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maintenance of the LLSF or the Authority's costs, expenses, or obligations under or related to the West Valley Demonstration Project Act, or (B) for the purpose of refunding excess advance payments for Spent Fuel charges pursuant to Exhibit B of the, Settlement Agreement; or (2) for such other purposes as in the opinion of. counsel to the Authority are in furtherance of the Authority's statutory objectives ahd purposes. Any request for payment of the amounts held by the Trustee hereunder shall be communicated to the Trustee in writing over the signature of a duly authorized officer of the Authority. -
- 4. EFFECTIVENESS; IRREVOCABILITY: TERMINATION.
- ('a) The trust created under this Agreement shall become
- effective upon the first day of payment of any amount to the Trustee pursuant to the provisions of Section 1 or Section 3 of this Agreement and shall continue in full force and e'ffect and shall be irrevocable for p
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a period ending twenty (20) ' years from the date hereof, at the end of which period the trust shall terminate. NFS hereby expressly relinquishes and waives all right, title, and interest in and to the Principal Amount and any amounts delivered pursuant to Section 3 above, upon delivery to the Trustee thereof, and all interest and dividends - accrued thereon and all right and power to alter, amend, revoke, or terminate the trust or any of the. terms of this Agreement, in whole or in part. (b) The balance of any amounts, whether principal, interest, or dividends, held by the Trustee under Sections 1 or 3 above and remaining at the time the trust is terminated under this section shall , be paid by the Trustee to the Treasurer of the Authority within ten (10) days of the date of termination.
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- 5. RESPONSIBILITIES OF TRUSTEE.
The Trustee shall have no duties or responsibilities except those expressly set forth in this Agreement. The Trustee shall be protected and shall incur no liability in acting or proceeding in good faith, reasonably and'in accordance with a written. resolution, notice, or statement executed by a duly authorized officer of the Authority. 6 .- INDE!CIIFICATION. The Authority agrees to indemnify and hold the Trustee harmless from and against any and all claims, suits, actions, proceedings, . investigations, judgments, deficiencies, damage :, settlements, liabilities, and legal and other expenses (including legal fees and expenses of ettorneys chosen by the Trustee) arising out of or based'upon any act, omission, alleged act, or alleged omission by the Trustee or any other cause, in .any case in connection with the e
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acceptance of, or the performance or' nonperformance by the Trustee, of any of the Trustee's duties hereunder, except as a result of the Trustee's bad faith, gross negligence, or willful misconduct. 4
- 7. COMPENSATION OF TRUSTEE.
.- The Trustee shall be entitled to receive and collect from the .
trust accounts payment or reimbursement for. reasonable fees for services rende' red hereunder, and other expenses reasonably and necessarily made . or incurred by the Trustee in connection therewith.
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- 8. REPORTS. .. ,
The Trustee shall provide the Authority and NFS with an accounting with respect to the trust (i) as of December 31 of each year i during the term of this Agreement, (ii) within ten (10) days of the date of termination of the trust pursuant to section 4, and (iii) at such other tines during the term hereof as the Authority or NFS may reasontbly request.
- 9. MODIFICATION. . ,
Together with the Settlement Agreement, this Agreement sets i forth the entire understanding of the parties with respect to the subject matter hereof, and may be modified only by a written instrument duly executed by NFS, the Authority, and the Trustee; provided, however, that upon thirty (30) days written notice to the Trustee and NFS, the Authority may designate any national banking association, or bank or trust-ecmpany organized under the laws of the State of New York, as. successor Trustee hereunder, whereupon all of the rights, duties, and
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'c51igations of the Trustee s. hall transfer to and be assumed by.such
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successor Trustee.
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- 10. NOTICES. .
Any notice, advice, direction, or other document or communication required or permitted to be given hereunder sha11 be in writing and shall be mailed by certified mail, return receipt requested, - I or delivered against receipt to the party to whom it is to be given at the address of such party set forth in the preamble to this Agreement or to such other address as the party shall have furnished in writing. Any notice, advice, direction, or .other document or communication given by
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certified mail shall be deemed given at the time of certification thereof, except for a notice changing a p. arty's address, which shall be ,
. . deemed given at the time of receipt thereof.
- 11. WAIVER.
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No waiver by any party.of a breach of any provision of this Agreement shall operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provisions of this Agreement. The failure of a party to insist upon strict adherence to any term of this Acjreement on one or more occasions shall not be
, considered a waiver of, or deprive that party of the right thereafter tio insist upon' strict adherence to, that tern or any other term of this Agreement.
- 12. BINDING EFFECT.
The provisions of this Agreement shall be binding upon and inure to the benefit of NFS, the Authority, the Trustee, and their respective successors and assigns. c . G go-.
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- 13. CONSTRUCTION.
. This Agreement shall be construed in accordance with the laws of the State of New York.
IN WITNESS WHEREOF, the parties have duly executed this , Agreement as of the date first above written.
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NUCLEAR FUEL SERVICES, INC. c BY / Names W. Deuster
Title:
ident NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY B / [ Names James L. IArOCCa
Title:
Cha4rman UNION N " NAL BANK s' BY . Nam,e: .a {, pwp
Title:
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SCHEDULE 1 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY BONDED DEBT SERVICE REQUIREMENTS CALENDAR YEAR BASIS . March 1 March 1 . September l' Principal Interest Interest Total 200,000 250,612.50 245,612.50 696,225.00 1982 245,612.50 245,612.50 491,225.00 1983 --
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.- 1984 -- 245,612.50 J245,612.50 491,225.00 240,000 215,612.50 238,262.50 723,875.00 1985 1986 270,000 238,262.50 229,993.75 738,256.25 1987 285,000 229,993.75 221,265.63 736,259.38 1988 305,000 221,265.63 211,925.00 738,190.63 1989 325,000 211,925.00 201,971.88 738,896.88 1990 345,000 201,971.88 191,406.25 738,378.13 1991 365,000 191,406.25 180,228.13 736,634.38 1992 385,000 180,228.13 168,437.50 733,665.63 1993 410,000 168,437.50 155,881.25 734,318.75 1994 440,000 155,881.25 142,406.25 738,287.50 -
1995 465,000 142,406.25 128,165.63 735,571.88 1996 495,000 128,165.63 113,006.25 736,171.88 1997 525,000 113,006.25 96,928.13. 734,934.38 1998 560,000 96,928.13 79,778.13 736,706.26 1999 595,000 79,778.13 61,557.75 736,335.88 2000 630,000 61,557.75 - 42,262.50 733,820.25 2001 670,000 42,262.50 21,743.75 734,006.25 710,000 21,743.75 -- 731,743.75 2002 8,220,000 .3,472,670.28 3,222,057.78 14,914,728.06 TOTAL
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EXHIBIT B' Pcgo 1 of 15 EXHIBIT B PROVISIONS GOVERNING SPENT FUEL OWNED BY NUCLEAR FUEL SERVICES, INC. This Exhibit B to the Settlement Agreement, Stipulation and Order executed February 18, 1982, among Nuclect Fuel Services, Inc. ("NFS"), Getty Oil Company, and the New York j
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State Energy Research and Development Authority (" Authority") is an agreement between NFS and the Authority regarding Spent Fuel owned by NFS. Section.1. Definitions. s Terms used in this Exhibit shall have the meanings set forth in Section 1 o'f the ettlement Agreement, Stipulation, and Order to which this Exhibit is attached. The following ,
, additional terms shall have the meanings set forth below:
AUTHORITY FISCAL YEAR - the period beginning April 1 in any year and ending March 31 in the following year. AUTHORITY REVENUES - all revenues received from. owners of Spent Fuel for storage of Spent Fuel in the FRF, except payments froni NFS pursuant to the provisions of Section 7,
. of this Exhibit or froin any other owners of Spent Fuel under
, similar'. provisions of an agreement with the Authority, e
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I. . EXHIBIT B Pcg2 2 of 15 - COMMENCEMENT OF REMOVAL - the first actual physical - placement of NFS Material into an approved shipping container for transportation from the Center. EXHIBIT - this Exhibit B to the Agreement.
, KgU - kilograms of uranium.
NFS MATERIAL - the inaterial in the FRF which NFS owns, as specifically identified in Section 2.of this Exhibit and Schedules A through C attached to this Exhibit.
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PAYMENT DATE - t$e first day of January,' April, July, and October in each year. y - REMOVED...FROM THE CENTER - with respect to all or any part of the NFS Material or other Spent Fuel, the completion of physical removal of that NFS Material or othIer Spent Fuel from the Center. Section 2. NFS Material. (a) NFS owns, and has responsibility for the removal and transportation from the Center and ultimate disposition of ('and costs and expenses related thereto), the following - Spent Fuel (which is more,specifically identified in - i Schedules' A through C, attached to and made c part of this
- Exhibit)
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EXH1 BIT E
. . Pega 3 of 15 (1) All material, including, without limitation.
1 125 spent nuclear fuel assemblies, 40 of
'.'- which were received from Rochester Gas and Electric Corporation and 85 of which were . .
received from Consumers Power Company,
) located in 125 cannisters identified in Schedule A. For the purposes of this Exhibit s i the material identified in Schedule A attached
- k. hereto, shall be deemed to have a uran,ium -
j content totaling 26,190 KgU;
' .; (ii) All material, including, without limitation,
- disassembled rods, parts, and hardware from 1 five burnable. poison clusters, two neutron i -: sources, and two nuclear reactor control rod assemblies, all received from Rochester Gas
.; and Electric Corporation, located in the cannister identified in Schedule B; and _
l .. (iii) 98 bur.nable poison clus.ters and one nuclear
&; reactor control rod assembly received from J Wisconsin Electric Power Company, located 3 in 99 cannisters also containing spent nuclear fuel assemblies owned by Wisconsin Electric S Power Company, as identified in Schedule C.
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; (b) 1 Nothing in this Exhibit shall be deemed to transfer j ".j to the Authority any title to, or any risk, responsibility, duty, or liability for the removal or transportation from
' the Center or ultimate disposition ~of (or the costs or expenses related thereto), the NFS Material.
Section 3. Storage Authorization. - Subject to the terms and conditions of this Exhibit, including, without limitation, Section 6(.c) of this . Exhibit, NFS is authorized to store NFS Material in the. FRF until '
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June 30, 1987. ~ e 4 l . e .<*
. . EXHIBIT B
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Section 4. Storage Charges. (a) NFS shall pay.the Authority charges for the storage of NFS Material at the following annual rates: NFS Material Located in ' Spent Nuclear Fuel Cannisters Not Containing Listed in Schedule A Spent Nuclear Fuel Rods
$/KgU/ Year S/Cannister/ Year 12.00 -
- 4,400.00 provided, that the rates otherwise applicable to NFS Material pursuant to this paragraph shall be no less favorable than .
. any annual rates charged by the' Authority for Spent Fuel owned by any utility compan . (b) The annual rates otherwise applicable pursuant to paragraph (a) of this section shall be adjusted annually for inflation, effective on January 1st of each year after the Approval Date, by multiplying such annual rates by an annual adjustme'nt factor determined according to the following
" formula:
A=0fD,where "A" is the adjustment factor;
.i "0" is the value of the CCCI for the month of November preceding the January 1st* adjustment; e
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EXHIBIT B
. . Pogo 5 of 15 "D" is the value of the CCCI for the month of
. November preceding the Approval Date; and "CCCI" is the Composite Construction Cost Index (or successor index) of the United States Depart [-
ment of ;;ommerce (or successor agency) . Section 5. Terms of Payment. , (a) All payments under this Exhibit shall be due in advance on the Payment Date of each calendar quarter and - shall be paid in accordance with Section 3 of.the Trust Indenture. The first payment shall be due on the Payment , DateofthefirstfullcaledarquarterfollowingtheApproval Date and shall include all payments from the DOE Takeover. (b) Charges shall be prorated on a daily basis, with refund of any excess advance payment for any NFS Material that is Removed From The Center before the end of a calendar quarter. (c) Int'erest, at the rate of twenty percent per annum (or the maxiinum rate allowed by law, whichever is less), shall accrue and be payable for each day that any payment under this Exhibit is overdue.
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' . EXHIBIT B Page 6 of 15 Section 6. Removal.
(a) Removal at Ex51 ration of StoraRe Term. On or , before July 1,1986 NFS shall provide to the Authority and DOE a detailed practicable written plan and schedule for removing all the NFS Material from the Center'by June 30, 1987, and its subsequent transport and storage or other
. disposition. In any event,i NFS shall have Removed all NFS Material From The Center no later than June 30, 1987.
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,(b) Removal at Request of NFS. NFS may remove any or all of the NFS Material from the Center prior to the expiration of its authorizit' ion to store the NFS Material in the FRF, upon 30 days prior written notice to the Authority and DOE. Such notice shall include the estimated date of Commencement of Removal, the estimated date such NFS Material will be Removed From The Center, and identifi-cation,of the particular NFS Material to be removed.
(c) Removal at the Direction of the Authority. The Authority may, at any time and from time to time, demand
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that any or.all of the NFS Material be Removed From The Center in the event that: e e C e e 8 O e S
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EXHIBIT B Pcgs 7 of 15 (i) the Authority and DOE determine, in writing, that continued storage of Spent Fuel at the Center will materially delay, materially - increase the cost of, or otherwis'e interfere . with the implementation of the Proj ect; or .
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(ii) continued storage of Spent Fuel at the Center would subject the Authority to any Federal law, rule, regulation.or order re-quiring the Authority to obtain any license or permit for the operation or maintenance of a spent nuclear fuel storage facility
. or radioactiv'& or hazardous waste facility.
In any such event, the Authority shall give a written - notice of such' demand to NFS, with a copy to DOE, as soon as practicable. The notice shall specify the date for Commencement of Removal, which, insofar as possible, shall
. be no less than 120 days from the date of such notice. NFS shall, within 90 days of such notice, provide to the Authority and DOE a detailed practicable writtan plan and schedule for removing the NFS Material from the Center and subsequent transportation and storage or other disposition of that NFS e
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EXHIBIT B Pego 8 of 15 Material. Such plan and schedule shall specify the estimated date that the NFS Material will be Removed From The Center; provided, however, thabinanyeventsuchNFSMaterialshall be Removed From The Center no later than nine months from the date specified by the Authority for Commencement of Removal. (d) Arrangements with DOE for Removal. NFS, with the cooperation of the Authority, will make all necessary arrange-ments with DOE for removal of the NFS Material and NFS will be responsible for apy payment to DOE therefor, including, without limitation, any necessary services and the costs thereof. -
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Section 7. Additional Payments. . (a) Generally. The Authority shall, during the month of April in each year, calculate its annual. costs, other than costs within the scope of paragraph (b) of this Section, attributable to the FRF during the preceding Authority Fiscal Year, including, without limitation, any l costs of modifying the FRF and any increase in the Authority's costs under the Cooperative Agreement, as amended, resulting
. from, aris'ing out of, or in connection with storage of e
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EXHIBIT B Pega 9 of 15 Spent Fuel in the FRF. If such actual costs exceed eighty percent of all Authority Revenues for the same Authority
. Fiscal Year, then, in addition to storage charges' payable .
pursuant to Section 4 of this Exhibit, NFS shall also pay to the Authority that proportion of all such costs in exce'ss of eighty percent of Authority Revenues for that period as the number of cannisters containing only NFS Material bears to the total number of all- cannisters 'in the In0F containing Spent Fuel; and, if any NFS Material or other Spent Fuel has been Removed From The Center during that Authority Fiscal Year, also prorated bf cannister according to the respective numbers of days in that Authority Fiscal Year during schich the NFS Material and Spent kuel owned by others were not Removed From The Center. The Authority shall notify NFS in . writing of any such additional charges for such Authority Fiscal Year. NFS shall, within 30 days of.such notice, pay such additional charges in full in accordance with Section 3
.of the Trust Indenture. .
(b) Increases Due to Regulatory Requirements. If at any time continued storage of Spent Fuel at the Center would subject the Authority to any State or Federal law, rule, regulation, or order which would materially increase e O
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EXHIBIT B Page 10 of 15 the Authority's costs actributable to the FRF, but which is not within the scope of Section 6(c)(ii) or, if within c,.y such scope, despite which the Authority determines not to s . . ,
. demand removal pursuant to Section 6(.c)(ii), the Authority
.Y: shall as soon as practicable after learning thereof prepare
' '., . ' . - its best estimate of ine' reased costs attributable to such Y
T '.,-. law, rule, regulation, or order and notify NFS of such
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.. estimate. Unless NFS' notifies the Authority, within 30 days after such notification from the Authority, that it will v,
remove all NFS Material from the Center in accordance
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a fgj with Section 6(c), as if the Authority's notification under IN M3 1-A this paragraph had been,a notice pursuant to Section 6(c), g and thereafter complies fully with the requirements of
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Section 6(c), NFS shall'be deemed to have agreed to pay the Authority a full. share of the actual costs incurred by the z,j Authority attributable to such law, rule, regulation,.or
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order, prorated by cannister in the proportion that the. number'of cannisters contain'ing only NFS Material bears to the total number of cannisters in the FRF containing Spent Fuel. NFS shall thereafter pay such prorata share in full in accordance with Section 3 of the Trust Indenture within 30 days after receipt of any billing by the Authority therefor. -
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- EXHIBIT B Page 11 of 15 Section 8. Risk of Loss or Damage.
The Authority shall not have any risk, liability, . or responsibility whatsoever for any loss or damage incurred as a result of, arising out of, or in connection with storage of the NFS Material or removal of the NFS Material from the Center. Section 9. Damages. Upon transfer of the Project Premises and Project
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Facilities to DOE, NFS will not own, operate, or : control any spent fuel storage facilities. Therefore, NFS is not .
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now assured that alt'rnativ2 e storage or other disposition can be arranged in order to permit removal of the NFS Material in a timely manner in accordance with the terms of this Exhibit. The Authority agrees to cooperate with NFS in seeking the assistance of the DOE in obtaining an alternative federally owned, operated,or controlled location for temporary storage or other disposition of the NFS , Material. Such cooperative efforts shall not., however, excuse NFS from attempting to make timely independent arrange-ments to have Removed-the NFS Naterial From The Center in accordance with this Exhibit. If, notwithstanding the above efforts, NFS fails for any reason, including, but not limi.ted 4 e g #- a
V EXHIBIT B
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Pcg2 12 of_15 to, impossibility or force majeure, to have Removed the NFS Material From The Center.in accordance with the terms of this Exhibit, NF'S shall'be liable to the Authority for all . of the Authority's damages, including, but not limited to, consequential damages, which result from such failure, including, but not limited to, (1) increases in the Authority's share of Project costs, and (ii) costs of decontamination and decommissioning; proYided that, if NFS has taken all commercially practicable steps to have the NFS Material
. Removed From The Center, any liability of NFS for costs of any decontamination or decommissioning at the. Center, other than that conducted by DOE as a part of the Project, shall be
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limited to that proportion of the costs of decontamination or decommissioning of the FRF as the NFS Material bears to the total amount of Spent Fuel stored at the Center which resulted in such costs being incurred; and provided further that the construction of a spent fuel storage pool (wet storage) by NFS shall not be deemed commercially practicable. Notwithstanding the above, NFS shall have no liability for failure to have Removed the NFS Material From The Center in accordance with the terms of this Exhibit if such failtre is due solely to the failure of DOE or its contractor to e o G 8 e e* s 4
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EXHIBIT B Paga 13 of 15 provide necessary sertvices in connection with such removal, provided that NFS has timely submitted a plan for removal in accordance with the terms of this Exhibit and has otherwise - fully cooperated with all reasonable requests of DOE or its contractor in connection therewith. The Authority shall , take all reasonable steps to mitigate any damages resulting from NFS' failure to remove the NFS Material in accordance with the terms of this Exhibit. Section 10. Specific Performance. In view of the unusual nature of the NFS Material and other pertinent considerations, irreparable damage would result if the provisions of this Exhibit are not specifically enforced. Therefore, in addition to all other rights and - remedies, the rights and obligations of NFS and the Authority under this Exhibit, including, without limitation, the rights and obligations with respect to removal of the NFS
. Material from the Center and with respect to the authorization j
- to store NFS Material, shall be enforceable ^in a court of l equity by a decree of specific performance, and appropriate
.injunctive relief may be applied for and granted in connection therewith.
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e . EXHIBIT B Page 14 of 15 Section 11. Assignment. None of NFS' rightd, powers, authorizations, duties, responsibilities, risks, obligations, liabilities, or other interests-under this Exhibit may be assigned or transferred in any respect, in whole or in part , without the prior expresc written consent of,the Authority. -
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Section 12. No Waiver. ' No failure by either NFS or the Authority to insist ~
. *. ' . l upon the strict performance of any term or provision of this Exhibit or to exercise any right, power, or remedy consequent upon a breach or default thereof shall constitute a waiver of any of such party's rights hereunder or of any such breach or of such term or provision. No term or-prov__ ion of this Exhibit to be performed or complied with by either NFS or the Authority, and no breach or default thereof, shall be waived, altered, or modified exce.pt by a written instrument executed by the other party hereto.
No written waiver of any such breach or default shall other-
. wise affect or alter this Agreement, but each and every term and provision of this Agreement shall con'tinue in -
full force and effect with respect to any other then existing or subsequent breach or default thereof. e e
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EXHIBIT B Pcga 15 cf 15 Section 13. Survival of Obligations.
.. No expiration or termination of NFS' authorization ,
to store NFS Material pursuant to .this Exhibit shall relieve either party of any of its liabilities or obli-gations under this Agreement, all of which shall survive sucit expiration or termination. g 89
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EXHIBIT B
! . SCHEDULE A -
Page 1 of 4 NUCLEAR FUEL SERVICES, INC. SPENT FUEL (WITH IRRADIATED REACTOR HARDWARE) STORED IN THE -
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FUEL RECEIVING FACILITY AT THE - WESTERN NEW YORK NUCLEAR SERVICE CENTER
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p WNYNSC FUEL RECEIVING FACILITY Ppga 2 of 4 SPENT FUEL AND IRRADIATED REACTOR HARDWARE INVENTORY Source Utility: Rochester Gas and Electric Corporation Source Reactor: Ginna Fuel and Hardware Owner: Nuclear Fuel Services, Inc. POOL CANISTER FUEL ASSEMBLY URANIUM HARDWARE LOCATION NO. ID NO. CONTENT (KgU) ID NO. 1j 41A 523 C-12 374.589 '12P-2 . 41B 524 C-13 374.506 8P-5
'41C 525 C-29 376.381 12P-15 41D -
526 C-26 376.673 12P-13 41E 527 C-28 376.409 12P-29 41F 528 C-33 -
.376.313 12P-10 41G 529 C-34 376.785 8P-4 41H 530 C-36 376.653 12P-23 41J 531 C-27 376.623 12P-1 41K 511 C-25 376.673 12P-22 41L 512 C-18 . 376.674 12P-5 41M 534 C-30 375.922 12P-26 41N 535 C-21 376.607 12P-28 41P 536 C-22 375.269 1;!P-19 41R 537 ~ C-03 376.449 12P-9 41S 538 C:16 374.461 8P-8 41T 539 C-23 374.310 12P-6 1 41U 540 C-19 374.581 8P-2 41W 521 C-17 374.578 --
42A 502 C-09 378.965 12P-11 42B 503 C-02 377.353 12P-21 42C 504 C-39 378.807 42D 12P-25 505 C-04 - 377.251 12P-16 42E 733 - C-24 378.699 12P-8 42F 506 C-11 377.190 12P-34 42G 509 C-05 377.320 12P-30 42H . 508 C-07 377.328 8P-10 42J 654 C-20 378.794 42K CRA #R-08 723 C-06 377.414 12P-4 42L 660 C-08 377.167 12P-3 42M 513 C-Ol' 377.246 42N 8P-7 514 d-14 376.522 12P-32 42P 515 C-32 . 376.367 8P-6 42R 516 - C-40 376.272 - 12P-27 42S 517 C-37 376.756 12P-12 42T 518 C-35 376.683 12P-17
. 42U -
519 C-31 374.541 42V 12P-18 520 C-15 376.456 12P-24 42W 500 42X C-38 376.248 ' 8P-1 501 C-10 . 376.347 ,12P-14 - N All irradiated reactor hardware items are burnable poison cluster assemblies, except.for "CRA," which designates control' rod assembly.
auncuuns a . WNYNSC FUEL RECEIVING FACILITY Paga 3 of.4 SPENT FUEL INVENTORY SOURCE UTILITY: Consumers Power Company SOURCE REACTOR: Big Rock Point- - FUEL OWNER: Nuclear Fuel Services, Inc. POOL CANISTER F'UEL URANIUM , LOCATION NO. I.D. NO. CONTENT (KgU) COMMENTS 32A 363 D-55 126.679 32B 364 C-39 116.711 '- - - - 32C 365 D-54 124.084 32D 366 C-25 109.494 32E . 367 D-50 106.720 32F 368 D-53 132.736 - 32G 370 D-51 109.946
. 32H 369 D-52 .. 124.359 --
32J 380 E-84 134.701 32K 381 ..E-85 135.140 - 32L 382 E-66 134.791 32M 384 E-67 134.609 32N ' 383 E-75 131.541
~ . 32P 385 . E-83 135.079 32R 386 E-70 132.451 32S 387 E-71 135.029 .
32T 388 . E-81', 134.781 . 32U 372 EP-l 116.496 32V ' 322 EP-2 105.954 32W 321 F-24 135.384 32X 371 F-19 135.104 33A 342 E-35 134.060 33B 341 E-51 134.350 33C 340 E-32 134.139 33D 339 E-41 132.924 33E 338 E-37 134.327 33F 337 .E-36 134.060 33G ' 336 E-42 132.894 . 33H - 335 E-33 133.807 33J 334 E-50 135.429 33K 333 E-03 . 133.753 33L 332 E-24 133.746 33M 331 E-16 134.035 33N 330 E-29 134l241 33P 329 E-31 134.017 ~ 33R 328 E-17 '133.903
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33S 327 E-23 134.120 33T 326 E-01 133.613 33U . 325 E-10 133.914 33V - 324 E-11 133.621' 33W 323 E-22 134.087 33X , 317 E-80, 130.952 e
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, ' san 1011 G WNYNSC FUEL RECEIVING FACILITY SCHEDULE A SPENT FUEL INVENTORY ,
Ppg 3 4 of 4 SOURCE UTILITY: Consumers Power Company , SOURCE REACTOR: Big Rock Point FUEL OWNER: Nuclear Fuel Services, Inc. - POOL CANISTER FUEL URANIUM ' LOCATION NO. I.D. NO. CONTENT (KgU) COMMENTS 34A 373 F-12 135.276 - 34B 374 F-18 134.505 34C 375 "F-01 135.134 34D 376 "F-02 134.389 34E . 377 E-61 133.569 34F 378 'E-74 131.360 34G 379 'D-62 129.469 34H 480 D - 127.048 34J 482 ~D-61 127.872 34K 483 ~E-62 133.334
- 34L 484 D-63 122.816 34M 033 F-25 133.753 .
34N 085 EP-3 116.207 ... 34P 086 "F-23 133.917 34R 087 'F-03 133.029 34S 088 F-35 134.252 - 34T 089 - F-26 2- 134.501 34U 313 E-82 133.943 . 34V 314 F-06 134.818 34W 315 E-79, 130.675 . 34X 316 F-14 135.148 35A 357. E-76 136.505 35B 358 E-77 134.678 35C 359 B-04 120.501 35D 360 ' B-16 127.840 35E 361 E-60 134.012 35F 362 E-69 134.077 35G 356 C-14 116.880 35H' 355 C-10 113.498 35J 354 E-86 136.009 35K 353 E-87 135.525 35L 352 E-73 135.407 35M 351 E-64 134.133 - 35N 350 E-63 133.905 35P 349 E-59 - 135.130 . 35R 348 E-57 134.534 35S 347 E 134.368
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35T 345 E-53 131.279
. 35U -
346 E-54 134.288 . 35V 344 E-56 137.673 35W 343 E-52 134.232 - 35X 318 F-42 - 134.295 .
~37T 319 F-13 133.762 9
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. . EXHIBIT B
. . .. SCHEDULE B
- Page 1 of 2 NUCLEAR FUEL SERVICES, INC.
DISASSEMBLED IRRADIATED REA'CTOR HARDWARE -
. STORED IN THE ,
,, FUEL RECEIVING FACILITY .
~
AT THE WESTERN NEW YORK . . , NUCLEAR SERVICE CENTER . O y S 0 e
. C e
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EXHIBIT B' SCHEDULE B Page 2 of 2 , WVNSC FUEL RECEIVING FACILITY
- DISASSEMBLED IRRADIATED REACTOR HARDUARE INVENTORY SOURCE UTILITY: Rochester Gas and Electric Corporation SOURCE REACTOR: Ginna -
IRRADIATED HARDWARE OWNER: Nuclear Fuel Services Inc. . POOL CANISTER HARDWARE LOCATION NO. I.D. NO. TYPEN 1B 739 PS-1 NS - 1B , ~~ ~ 739 PS-2 NS 1B 739 R-09 CRA
. 1B 739 RS-4 CRA '
1B 759 12P-7 .BPC IB 739 12P-20
- BPC 1B 739 12P-31 BPC i 1B 739 '
12P-33 ' BPC 1B 739 Unavailable 2_/ BPC'
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!"BPC" means burnable poison cluster assembly; "CRA".means control rod assembly; "NS" means neutron source.
2/
- Previously stored in' pool location 38G, Canister No. 563, with Rochester Gas and Electric Corporation spent fuel
, assembly No. A-12 from the Ginna reactor. .
O .
erstam> Ens Shoot 1 cf 5 NUCLEAR FUEL SERV CES, INC. ~ IRRADIATED REACTOR HARDWARE - STORED WITH WEPCO SPENT FUEL IN THE . FUEL RECEIVING FACILITY
. AT THE WESTERN NEW YORK NUCLEAR SERVICE CENTER
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,. WNYNSC FUEL RECEIVING FACILITY IRRADIATED REACTOR HARDWARE INVENTORY Source Utility: Wisconsin Electric Power Company (WEPCO)
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Source Reactors: Point Beach 1 and 2 Irradiated Hardware Owner: Nuclear Fuel Services, Inc. POOL CANISTER nARDWARElf ASSOCIATED WEPCO LOCATION NO. I.D.NO. FUEL I.D. NO. 26A 860 8P-11 B-23 27A . 720 8PZ7 C-05 27B 722 16P-47 C-33 27C 818 .12P-31 C-25 27D 731 12P-34 C-29 27E 813 ".5P-31 C-38 27F 803 16P-34 C-27 27G 802 16P-38 C-21 27H 816 16P-50 C-03
. 27J 804 16P-45 0-01 -
27K 809 c 8P-8 C-35 27L 815 16P-53 C-17' 27M 811 12P-25 C-26 . , 27N 810 - CRA#R-34 A-31 - 27P 799 12P-24 C-39 , 27R 812 12P-4 C-30 ' 27S 801 16P-44 C-23 ' 27T 814 8P-4 C-16 27U 807. 12P-7' C-12 27V 805 8P-3 C-14 27W 817 16P-49 C-04 27X 874 16P-54 B-28 28A 800 12P-3 C-36 28B 806 16P-39 C-10 12P-27 C-31 28C - 718 ' 28D 728 16P-36 C-34 28E 717 16P-43 .C-ll 1/All irradiated reactor hardware items are burnable poison. cluster assemblies, except for "CRA", which designates control rod assembly. A
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WNYNSC FUEL RECEIVING FACILITY
' IRRADIATED REACTOR HARDWARE INVENTORY Wisconsin Electric Power Company (WEPCO)
Source Utility: Source Reactors: Point Beach 1 and 2 Irradiated Hardware Ownyr: Nuclear Fuel Services, Inc. CANISTER HARDWARE./ l ASSOCIATED WEPCO POOL
, LOCATION - NO . - I .D . NO . - -
FUEL 1.D. NO. ! 28F 734 16P-4 C-2f. . 28G 732 8P-16 C-13 28H 719 '8P-13. C-37 28L 507 12P-32 B-35 , 28M 510 8P-1 B-11 . 28N 716 12P-6 . B-10 28P 730 16P-12 B-02
. v. 28R 721 12P-33 B-30 -
28S - 615 , 8P-17 B-06 28T 599 16P-57 B-03 28U 635 16P-52 B-27 28V 625 16P-33 B.31 . 28W 598 16P-46 B.14 28X 727 8P-6 C-06 - 29A 652 16P-5 A-39 29B 641 16P-40 B-32 29C 715 12P-28 B-04 29D 596 12P-29 B-20 29E 582 16P-35 B 40 29F 624 16P-32 B-36 29G 588 - SP-12 B-38 29H - 590 16P-58 B-37 29J 595 16P-37 B-15 29K- 627 16P-56 B-33 29L 583 16P-41 B-39
- 29M 586 12P-30 B-21 -
29N 592 8P-15 B-18 29P 701 12P-26 B-13 l 29R 597 8P-14 B-17 - 29S 703 12P-23 B-34 29U 709 16P-42 , B-05 . 29X 808 12P-9 C-19 e 1/ All irradiated reactor hardware items are burnable poison cluster - i assemblies. -
- M . . . WNYNSC FUEL RECEIVING FACILITY IRRADIATED. REACTOR HARDWARE INVENTORY . /
Source Utility: Wisconsin Electric Power Company (WEPCO) Source Reactors: Point Beach 1 and 2 Irradiated Hardware Owner: Nuclear Fuel Services, Inc. . POOL CANISTER HARDWARE l/ ASSOCIATED WEPCO. LOCATI,0N , ,
,NO . , ,
, 1, ,D . N,0,T , . FUEL I.D. NO.
30A 672 16P-21 A-07 30B , 647 12P-12 A-12 12P-14 A-40 30C 648 30D 653 8P-2 : A-29 30E 646 - 12P-ll A-22 30F 650 12P-1 A-38 30G 645 16P-14 A-08 30H 642 16P-9 A-ll 30J 593 16P-6 A-26 _ 30K 644 16P-23 A-14 30L '6'43 12P-2 A-41 ~ 30R 666 16P-26 A-06 30V 657 12P-13 A-01 .
- 30W 661
'.16P-2 8 A-05 30X 649 12P-20 A-24 .
31A 725 12P-5 C-24 31B 623 12P-8 C-08 .
. 31C 688 16P-48 C-20 31D 686 8P-18 C-15 31E 697 12P-10 C-07 31F 695 16P-55 .
C-09 31G 691 . 16P-51 C-28 31H 698 8P-5 B-09 36A 680 16P-19 A-10 36B 675 16P.-16 A-17 36C 674 16P-1 A-34 36D 676 16P-8 A-02 36E 673 16P-ll A-19 36F 678 16P-13' A-09 36G 679 16P-17 A-21 36H 684 16P-24 A-03 -
' 36J' 687 . ,16P-27 A-23 ,
l 1/ All irradiated reactor hardware items are burnable poison cluster assemblies. . l
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'. . .. SCHEDULE C Sh Ot 5 of 5 WNYNSC FUEL RECEIVING FACILITY .
IRRADIATED REACTOR HARDWARE INVENTORY Source Utility: Wisconsin Electric Power Company (WEPCO) Source Reactors: Point Beach 1 and 2 Irradiated Hardware Owner: Nuclear Fuel Services, Inc. POOL CANISTER l ASSOCIATED WEPCO HARDWARE _/ . LOCATION NO. ....I.D.NO. FUEL I.D. NO. .- 'T 36K ' 655 16P-18 A-35 35L 551 16P-2 . A-32 - 36M . 677 16P-22 A-28
16P 25 36N 664 A-04
'16P-10
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36P 670 A-36 36R 662 16P-3 A-13 - 36S 663 '-
'16P-7 A-18 36T 665 16P-15 A-30 1 - -
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4 c 1/ All irradiated cluster assemblies. reactor hardware items are burnable poison
, , EXHIBIT C
. ., Pags 1 of 3 PROMISSORY NOTE e $5,000,000.00 . Buffalo, New York
'Forvaluereceived,NuclearFuelServices,Inc. ("NFS) ,
~
a Maryland corporation, promises to pay the New York State . Energy Research' and Development Authority (the " Authority"), pursuant to Section 6(a) of the Settlement Agreement, Stipu- . lation, and Or' der (" Settlement Agreement") to which this Promissory Note is attached as Exhibit C, the sum of Five Million Dollars ($5,000,000.00), with payments in accordance
.with the following schedule: -
3 Date Amount Within ten (10) days of the $1,000,000.00 Settlement Date December 1, 1982, or within ten $1,000,000.00 (10) days of the Settlement Date, whichever is later December 1,.1983 $1,000,000.00 December 1, 19.84 . $1,000,000.00 December 1, 1985 $1,000,000.00 ' - The term '! Settlement Date" shall have the meaning provided in the Settlement Agreement.
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EXHIBIT C Page 2 of 3 l o . l Payments shall be made to the Trustee under the Trust Indenture (" Trust Indenture"), dated February 18, 1982,
. among NFS, the Authority, and the Trustee (a copy of which -
is attached to the Settlementi Agreement as Exhibit A), by ,
. delivery of a certified or cashier's check, payable to the .
Trustee under the Trust Indenture. To secure payment of.this. Promissory Note, NFS has
. delivered to the Authority Letter of Credit No. W-75447-s l l
issued.by Bankers Trust Company, a copy of which is annexed _ hereto. a I No delay on the part of.the Authority to exercise any power or right shall operate'as a waiver thereof and such - rights and powers shall be deemed continuous; nor shall a partial exercise preclude full exercise thereof; and no right or remedy of ,the Authority shall be deemed abridged or modified by any course of conduct and no waiver thereof shall be predicated thereon. NFS hereby waives presentment, demand for payment., notice 'fo dishonor, and all other notices or demands in connection with the delivery, acceptance, performance, . default,'.or enforcement of this Promissory Note.
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. . . . EXHIBIT C Pcgo 3 of 3 .
l t . . e This Promissory Note shall not be assignable.
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.. NUCLEAR FUEL SERVICES, INC. .
O By: -
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O C O e e S e e
c' i New York Secta Energy R se rch cnd Davclopm:nt Authority y Two Rockefeller Plaza . Albany New York 12223 * (518)465-6251 February.18, 1982 Mr. Ralph W. Deuster i President . Nuclear Fuel Services, Inc. Suite 600 6000 Executive Boulevard . Rockville, Maryland 20852
Dear Mr. Deuster:
In the Cooperative' Agreement between the'New York State (" Authority") and Energy the United Research Statesand Development Department Authority' of Energy ( DOE"), the Authority granted DOE the exclusive use and possession of a' portion of ~ the Western New York Nucle'ar Service Center (" Center") for conducting the West Valley Demonstration Project pursuant to Pub. L. 96-368. The portion of the Center to be'used in the Project is described in the Cooperative Agreement as the "Proj ect Premises" and "Proj ect Facilities" and constitutes the entire portion of the Center covere'd by the Nuclear Regulatory Commission ("NRC") License No. CSF-1.
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DOE will take possession of the Project Premises and Project Facilities from NFS on behalf of the Authority and, pursuant to the Cooperative Agreement, will fulfill the responsibility for protection of health. and safety with respect to the Project Premises and Project Facilities during the term of the West Valley Demonstration Project. . All licenses necessary for transfer of possession and ' , . responsibility for t eh Project Premises and Project Facilities from NFS to- DOE have been obtained. In addition, the Cooper-ative Agreement provides that, upon completion of the Project, the Authority.will take such licensing action, if any, as may be necessary for the Authority to assume possession of the Project Premises and Project Facilities. - The Authority directs NFS to transfer the Project . Premises and Project Facilities directly to DOE. NFS wil. make such transfer as soon as DOE is ready to accept pes session.. Effective upon such transfer, the Authority Jn .by accepts surrendert of the Leased Premises, Leased Facilities,
- and Lesset's Improvements pursuant to Articles 26 and 27 of e
l .
& O - O h . ,
_2_. e the May 15, 1963, Lease between NFS and the Authority; provided that such acceptance of surrender is not and shall not be deemed an admission or acknowledgment with respect to the condition of the Center upon surrender or the existence or absence of any default or Event of Default under the Lease, and shall be without prejudice to any claims the Authority or NFS may have against each other. Effective upon transfer of the Project Premises and . Project. Facilities from NFS to DOE, NFS surrenders and the
. Authority hereby assumes responsibility for the High Level Storage Facilities pursuant to Section 3.04 of the Waste Storage Agreement. Such assumption of responsibility by the -
Authority, the primary purpose of.which will be to provide adequately for the protection of the health a~nd safety of the public, shall not relieve NFS of its obligation to pay to the Authority all amounts, if any, payable in connection with such surrender and assumption ~ (including, without limi-
. .; tation, all amounts so payable pursuant to Article'4 of the -
Waste Storage Agreement), nor impair any rights or remedies of the Authority against NFS in respect of any failure by NFS to comply with the terms and provisions of the Waste Storage Agreement prior to,the date of such surrender. , , Effective upon transfer of the Project Premises and Project Facilities from NFS to DOE, NFS surrenders and the Authority hereby. assumes responsibility for the Plant Storage Facility pursuant to Section 6.04(c) of the Waste Storage . Agreement and the June 16, 1966 Letter Agreement, and NFS shall thereupon have no further responsibility with respect to such Facility, financial or otherwise, provided that such surrender and assumption shall not relieve NFS of its obli-gation to pay to the Authority all amounts, if any, payable prior to or in connection with such surrender and assumption, and shall not impair'any rights or remedies of the Authority against NFS in respect of any failure by NFS to comply with the terms and provisions of the Waste Storage Agreement or the Letter Agreement prior to ,the effective date of such surrender and assumption. Effective upon the transfer of the Project Premises and Proj'ect Facilities from NFS to DOE, responsibility for the Low Level Storage Facilities is assumed bf the Authority
. pursuant to Section 4 of the Settlement Agreement, Stipulation, and Order,in' Civil Actions Nos. 81-18E and 91-683E.
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. Upon your written acceptance of this letter, it shall constitute a binding agreement between.us.
Sincerely, ~ James L. Larocca Chairman -
~
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Accepted and Agreed: .. Ralph (W. Deuster - President , Nuclear Fuel Services, Inc. Dated: February ((,1982'O I e 9 e O
. 3 66
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.[.,, Now York Etata Energy Research and Development Authority
{ Two Rockefeller Plaza . Albany, New York 122523 (518)465-6251 February 18, 1982 Mr. Ralph W. Deuster President i Nuclear Fuel Services, Inc. - Suite 600 6000 Executive Boulevard Rockville, Maryland 20852
Dear Mr. Deuster:
ReferenceismadetomylettertbyouandtheSettlement Agreement, Stipulation, and Order (" Settlement Agreement"), both of this date. Terms used herein shall have the meanings defined in the Settlement Agreement.
'~- ~
Within sixty (60) day's of the DOE Takeover, at its own cost NFS shall transfer to the Authority at a location at the Center specified by the Authority, originals or legible copies of all agreements, records, drawings, blueprints, or other documents now in, or Yefore the DOE Takeover coming into, NFS' possession, custody, or control relating to the construction, operation, or maintenance of the Center, including, without limitation, (a,) documents relating to the . transport, storage, burial, or disposal of any materials in the Plant Storage Facility, and (b_) documents relating to the transport, storage, or disposal of any materials in the Fuel Receiving Facility. Documents specified under (a_) and (b) above shall be, segregated from all other documents to be transferred to the Authority and shall be segregated from -- one another. ,
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Further, within siicty (60)' days of the Approval Date, at its own cost NFS shall transfer to the Authority at'a location at the Center designated by the Authority, originals or copies of all agreements, records, drawings, blueprints, ' or other documents in NFS' possession, custody, or control relating to the construction,' operation, or maintenance of. the Low Level Storage Facilities', including, without limita-
. tion, all documents relating to the transport, storage, burial,.or disposal of any materials in the Low Level Storage l .
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( . Facilities; provided, however, that NFS shall segregate from j all other documents to be transferred to the Authority 1 hereunder or under the preceding paragraph, contracts between NFS and any other person regarding the burial of wastes in the Low Level Storage Facilities. Finally, originals or copies of any additional documents described in the previous paragraph which come into NFS' i possession, custody, or control before the Closing Date I shall be periodically, but not less than monthly, transferred to the Authority. Th'e Authority will take all steps reasonably nedessary to secure the cooperation and-assistance of DOE or its contractor in gaining access "to the Center for the purpose of locating and copying the foregoing documents. , NFS shall have the right of reasonable access to all of
.. such documents for the purpose of satisfying any applicable - 5
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regulatory requirement,. Very truly yours,
=m.
James L. Larocca . Accepted and Agreed: , Inc. Nuclear Fuel Services,I g- -,
.By:
Ralph y. Deuster President Dated: February /8 , 1982 e e C e
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