ML20049H512
| ML20049H512 | |
| Person / Time | |
|---|---|
| Site: | West Valley Demonstration Project |
| Issue date: | 02/25/1982 |
| From: | Hiestand O, Jack H MORGAN, LEWIS & BOCKIUS, NEW YORK, STATE OF, NUCLEAR FUEL SERVICES, INC. |
| To: | Cunningham R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| NUDOCS 8203030235 | |
| Download: ML20049H512 (2) | |
Text
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-, me'n
- New York State i "~
. Energy Research and Development Authority Two Rockefeller Plaza . Albany. New York 12223 '
(516)465-6251 February 25, 1982
!*r. Richard E. Cunninghan, Director Division of Fuel Cycle and f4aterial Safety Cffice of Nuclear !"atcrial 4
Safety and Safeguards g U.S. 1:uclear Regulatcry Ccrrission
(
Washington, D.C. 20555 'g' CE/Vgg mag g 2 b
Re: Docket No. 50-201
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Dear Mr. Cunningham:
p Subparagraph E cf Paragraph 8 cf Facility License lio. CSF-1, added by Change No. 32 issued February 11, 1982, requires that Nuclear Fuel Services, Inc. ("NFS") and the New York State Energy Fescarch and Dcyclopment Authcrity (" Authority") jointly file with the Cornission a copy of any Settlement Agreement, Stipulation and Order (" Settlement Agreement") in Civil Actions Mcs.81-18E and 81-683E in the U.S.
District Court for the Western District of New York (" District Court").
On February 19, 1982, Judge Elfvin of the District Court apprcved a Settlenent Agrecrcnt, a ccpy of which is enclosed in ccepliance with Paragraph 6.E.
In further ccmpliance with Paragraph 8.E., by this letter the Authority and NFS also provide notice to the Corcr.ission that the Authority has accepted surrender of the facility from NFS, effective DS0? Si t 8203030235 G20225 PDR ADOCK 05000201 G PDR
3'- Mr. Richard E. Cunningham February 25, 1982 upen transfer of possession of the facility frcm NFS to the U.S.
Departr.ent of Energy in accordance with Paragraph 7 of License No.
CSF-1.
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-Si er ly, . ~ . . . . ,
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Howard A. Jack First Deputy Cou .el New York State Energy Research and Development Authority 4
Orr s S. Hiestand, Jrl E .
Morgan, Lewis & Ecckius 1800 !! Street, N.W.
Washingtcn, D.C. 20036 Attorneys for Nuclear Fuel Services, Inc.
Enclosure I
UNITED STATES DISTRICT COURT
- WESTERN DISTRICT OF NEW YORK NEW YORK STATE ENERGY RESEARCH :
AND DEVELOPMENT AUTHORITY, Plaintiff,
- 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 i
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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ACT - the West Valley Demonstration Proj ect 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 this Agreement as an Order of the Court.
AUTHORITY - the New York State Energy Research and Development Authority and its predecessors.
CENTER - the Western New York 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 and DOL permits possessed by NFS relating to the Low Level Storage Facilities have been unconditionally terminated as provided in Section 4(b).
COOPERATIVE AGREEMENT - the October 1, 1980 Agreement, as amended September 18, 1981, between the Authority and DOE implementing the Act.
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DEC - New York State Department of Environmental Conservation.
DOE - United States Department of Energy.
DOE TAKEOVER - the transfer by NFS to DOE of the Proj ect
' Premises and Proj ect Facilities. For purposes of this 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.
. 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 is no longer subject to review or appeal.
FRF - the Fuel Receiving Facility.
GETTY - Getty Oil Company and Skelly Oil Company (previously merged into Getty Oil Company) .
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 - Huclear 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 Agreement become effective pursuant to Section 2(b) of this Agreement.
SPENT FUEL - the spent nuclear fuel rods and assemblies, control rods and assemblies, burnable poison clusters and i
l assemblies, neutron sources, and any other contaminated material or hardware currently stored in the FRF, but not l'
including the pool, racks, cannisters, or other facilities, equipment, machinery, or hardware necessary for the storage in, or movement into or out of, the pool of spent nuclear l
fuel or other material stored in the FRF. .
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4 TRUST INDENTURE - the Trust Indenture executed by the Authority, NFS, and the Trustee contemporaneously with this~
t Agreement which governs 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 a part hereof as if fully set forth herein.
WASTE STORAGE AGREEMENT - the May 15, 1963 Waste Storage Agreement between NFS and the Authority.
WEST VALLEY AGREEMENTS - the Lease, Waste Storage Agreement, Facilities Contract, and Letter Agreement.
The terms FUEL RECElvidG FACILITY, HIGH LEVEL STORAGE FACILITIES, LEASED FACILITIES, LEASED PREMISES, LESSEE'S
't 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, 10, 11(a), and 12 through 14 of this Agreement shall become effective and binding upon the parties immediately upon the Approval Date.
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's (b) The provisions of Sections 3, 4(b), 6, 9, ll(b) and 3 h 15 of this Agreement shall become effective and binding upon i
w 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 the Authority setting forth the specific terms and conditions for its storage at and
- removal from the Center or (ii) Final Judg-ments decermining that its owners are
' responsible ~to the Authority for its prompt removal from the Center; or (2) the Authority notifies NFS in writing that it elects to make Sections 3, 4(b), 6, 9, 11(b),
and 15 effective; provided, that Sections 3, 4(b), 6, 9, ll(b) , and 15 shall become effective only if an amendment of NRC License No.
CSF-1 terminating all of NFS' authority and responsibility thereunder becomes effective simultaneously therewith.
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,7-(c) The provisions of the letter agreement between NFS 1
and the Authority executed contemporaneously herewith, relating to the prompt t'ransfsr of the Project Premises and Project Facilities by NFS to DOE for the purpose of implementing the Act, are, according to the terms thereof, effective immediately upon execution of said letter agreement. .
Section 3. Surrender of the Center.
The Lease is deemed to have expired according to its' terms on December 31, 1980.
NFS has surrendered and the Authority has accepted the Leased Premises, Leased Facilities, and Lessee's Improvements pursuant to Articles 26 and 27 of the Lease. NFS has also surrendered and, as between NFS and the Authority, the Authority has assumed, under Sections 3.04 and 6.04 of the Waste Storage Agreement and the Letter Agreement, 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, or interests in the Center, or in any real or personal property therein, nor any responsibility with respect thereto, nor any control or rights with respect to the Project or any other future e
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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 this 'Section and Section 9, NFS shall have no further responsi-bility with respect to such facilities, financial or other-wise.
1 (2) The surrender and assu=ption 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 i
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 l ,
and provisions of the Wacte Storage Agreement prior to the date of such surrender and assu=ption, i
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(3) Notwithstanding the provisions of subparagraph (a)(1) of this paragraph, except as NFS and the Authority 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:
(i) NFS shall maintain the Low Level Storage Facilities in their condition as of the Approval Date ("Present Condition") and have responsibility for, and except as other-vise provided in subparagraphs (a)(3)(ii) and (a)(3)(iii),
as between NFS 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) pumping and treatment of water which may accumulate or may have accumulated in the Low Level Storage Facilities and repairing the cover of the Low Level 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 other administrative or judicial proceeding. to have been
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effective on and applicable to the Low Level Storage Facili-ties on December 31, 1980; (ii) As'between NFS and the Authority, the Authority shall be financially responsible for and shall reimburse NFS for all costs and expenses directly resulting from any regulation or permit requirement first in effect i
j or first applicable to the Low Level Storage Facilities after the Approval Date requiring alteration of the Low Level Storage Facilities from their Present Condition; and (iii) Nothing in this paragraph (a) shall prejudice any ' claims of NFS or the Authority against each other or any other person for costs or expenses resulting i
from any regulation or permit requirement first in effect or first applicable to the Low Level Storage Facilities 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 costs 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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(b) (1) Upon and after the Settlement Date, NFS and f the Authority shall promptly take all steps necessary to terminate all of NFS' r'ights, obligations, and responsibilities under any and all permits, licenses, exemptions, and other permissions of the DEC, DOL, or other regulatory bodies relating to the Low Level Storage Facilities and to obtain such permits, licenses, exemptions, and permissions, if any, as may be necessary for the Authority to assume maintenance responsibility, as between NFS and the Authority, for'such facilities. Until the Closing Date:
j (i) NFS shall be responsible for, and, except as provided below in this subparagraph (b)(1), bear all costs and expenses of, continuing to maintain the Low Level Storage Facilities in their condition on the Settlement Date (" Settlement Date i
Condition"), and (ii) as between NFS and the Authority, the 1.
Authority shall be financially responsible for all costs and expenses directly re-sulting from any alteration of the Low Level Storage Facilities"from their
I Settlement Date Condition pursuant to any permit or regulatory requirement, and shall reimburse NFS therefor; -
i 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, or in any radioactive wastes or real or personal-property therein, nor any responsibility with respect thereto, 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.
Section 5. Spent Fuel.
(a) NFS recognizes the Authority's right as owner of 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 af ter the pproval Date shall be subject to, l the provisions of Exhibit B, attached to and made a part of this Agreement as if fully set forth in this Section. NFS further recognizes that timely implementation of the Project has priority over storage of Spent Fuel in the FRF and the
. Spent Fuel owned by NFS must be removed from the Center in accordance with Exhibit B. The Authority does not have, and shall not have under this Agreement or under any of the provisions of the West Valley Agreements, any title, risk, i
or liability or, except as specifically provided in Exhibit B, any responsibility, duty, or obligation with respect to any Spent Fuel.
(b) With respect to Spent Fuel that is not identified as NFS Mcterial in Exhibit B of this Agreement:
(1) Upon (i) the execution of an agreement between the Authority and any utility setting forth the ,
1 specific terms and conditions for storage at and removal from the Center of any such Spent Fuel or (ii) a Final Judgment that a utility is responsible to the Authority for the prompt removal of such Spent Fuel from the Center, NFS e
shall thereaf ter have no responsibility or liability with respect to the Spent Fuel covered by such agreement or judgment; a
(2) In the event of a Final Judgment, or a written acknowledgment by NFS, that any such Spent Fuel belongs to or is owned by NFS, or that NFS is responsible for the storage, removal or transportation thereof, the 1
Authority may elect within 60 days of receipt of notifica-tion of such Final Judgment or acknowledgment to treat such Spent Fuel, to the extent of such responsibility, as Spent 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, and under paragraph (a) of this Section and Exhibit B; (3) Except as provided in this Section and Section 9, nothing in this Agreement shall diminish or otherwise affect any claims, rights, powers, or remedies the Authority or NFS may have against any person or entity relating to such Spent Fuel.
Section 6. Payments by NFS.
NFS will make the following payments:
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(a) Pursuant to the terms of a non-negotiable promis-I 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:
Date Amount Within ten (10) days of the $1,000,000.00 Settlement Date 4
December 1, 1982, or within ten $1,000,000.00
! (10) days of the Settlement Date, j 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) h4FSwillpayacertainbondedindebtednessofthe i
Authority in the amount of Fourteen Million, Nine Hundred
! Fourteen Thousand, Seven Hundred Twenty-Eight Dollars
($14,914,728.00) (" Bonded Indebtedness"), 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 D and E.
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 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. ,
Getty and NFS agree that none of.such loans shall be repaid until NFS has satisfied each of its obligations under the provisions of Section 5 and Exhibit B of this Agreement.
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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 to 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 Approval Date; (2) for loans hereafter made, within five (5) days of the date thereof.
(b)
NFS shall give the Authority thirty (30) days written notice in advance of any proposed sale or other transfer of all or substantially all of its assets or business, whereupon the Authority shall have the right, a
on notice to NFS, to make ' application to the United States i District Court for the Western District of New York for such further Order as may be just to reasonably ensure performance of NFS' obligations under this Agreement.
Section 9. Releases.
(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 in equity that now i
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exist or may hereafter accrue, whether known or unknown, arising out of or relating in any respect to the West Valley Agreements, or otherwise arising out of or relating to the Center; provided that nothing in this Agreement shall pro-hibit, prevent, or bar NFS from seeking or obtaining any relief from the Authority with respect to any liabilities to third persons incurred by NFS for damage to or loss of property or for personal injury arising from any act or omission by the Authority, its employees, agents, or con-tractors, which act or omission occurred: (i) with respect to that portion of the Center other than the Low Level Storage Facilities, after the DOE Takeover; (ii) with respect 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 interest, officers, directors, employees, contractors, and agents from all claims, damages, obligations, debts, demands, suits, covenants, causes of action, and liabilities 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 crising out of or relating in any respect to the Center or NFS' possession or operation thereof; provided that nothing in this Ag'reement shall prohibit, prevent, or bar the Authority from seeking or obtaining any relief from NFS with respect to:
(1) Any liabilities to third persons incurred by the Authority for damage to or loss of property 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 respect to the Low Level Storage Facilities, before the Closing Date; (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 Approval 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 e
5 determine whether or not any such violation occurred. In any event, any liability of NFS to the Authority that might remain with respect to the Plant Storage Facility or the 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 maintain the Plant Storage Facility, or to dispose of the wastes buried therein, in accordance with applicable regulatory requirements;
, (3) The burial of any material in the Low Level Storage Facilities or the Plant Storage Facility, the burial of which NFS or any of its. employees, agents, or contractors knew violated then-applicable laws, rules, regulations, orders, or regulatory requirements of any Federal or State agency having jurisdiction over such facility, unless NFS can show the burial of such material in such facility was actually known by the Authority on or before the Approval Date; or l
(4) Any Spent Fuel other than (i) the Spent
, Fuel identified as NFS Material in Exhibit B; or (ii) that Spent Fuel for which NFS' responsiblity and liability have been terminated under Section 5(b)(1);
21-and provided further that 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 or the Low Level Storage Facilities, the Authority shall be subrogated to any and all rights of NFS against the owners, former owners, producers, generators, transporters, or 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
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the United States Court of Appeals for the District of Columbia Circuit and the NRC to immediately dismiss the pending proceedings under their respective jurisdictions .
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 year from the Approval Date. The parties further agree not to initiate any further administrative or judicial proceed-ings relating to the Center or the West Valley Agreements until one year from the Approval Date or until the Settle-4
. ment Date, whichever is sooner, provided, that nothing in this Section shall prohibit, prevent, or bar either (1)
N j the initiation of any proceeding related to Spent Fuel other than Spent Fuel identified in Exhibit B as NFS Material; or (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 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. .
(b) Promptly after the Settlement Date, NFS, Getty, and the Authority shall jointly request that the United States District Court for the Western District of New York'
dismiss the above-entitled actions, subj ect to this Agreement.
each party to bear its own costs.
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 this Agreement as the provisions of an Order of the Court. Upon and after the Approval Date, this Agreement 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 reference 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 of and be enforceable by the recpective successors and assigns of.the parties hereto. .
This Agreement, including the attached exhibits and schedules that are expressly made a part of this Agreement, and the letter. agreements executed contemporaneously here-with, embody all of the agreements 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.
All notices or other c~ommunications which may or are 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 mail, postage prepaid, return receipt requested: (i) if to the Authority, to its President, Agency Building Two, Governor Nelson 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 Executive Boulevard, Suite 600, Rockville, Maryland 20852, 4
or at such other address as NFS may later specify to the Authority in wTiting.
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.
Upon the Settlement Date, this /.greement shall constitute a compromise and settlement of all of the parties' respective claims (without admitting or denying any of such claims) asserted in the above-entitled actions or otherwise arising out of or relating to the West Valley Agreements 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: Tlalph (d. Deuster
Title:
President February 18, 1982 GETTY OIL COMPANY -
By:
Name:
[R. .
D.' Cop Vy~, Jr/ ' [ '
Title:
Vice President,T Chief Counsel
February 18, 1982 NEW YORK STATE ENERGY RESEARCH i AND DEVELOPMENT AUTHORITY By: , um, Name: _ games L. Larocca T
Title:
Chairman February 18, 1982 ite s ( . My . I
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CLARENCE T. KIPPS, JR. E' ('
MILLER & CHEVALIER, CHARTERED 1700 Pennsylvania Avenue Washington, D. C. 20006
- Attorneys for Nuclear Fuel Services, Inc.
s February 18, 1982
'ILLIAM I . SpJJIRO JAECKLE, FL(EISCHMANN & MUGEL -
700 Lioerty Bank Building Buffalo, New York Attorneys for.Getty Oil Company February 18, 1982 -, e/24 uh) / r o-F . JAMES KANE , ' J R. ~ '//
DIEBdLD', MILLONZI, RAISER
& kdBSHAW 15 Court Street Buffalo, New York 14202
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February 18, 1982 { l . Ad PHILIP H.'GITLEN WHITEMAN OSTERMAN & 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
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Hon. Johv T. Elfvin, Unitdd States Distri t Judge U[ Y, '
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e UNITED STATLE OF AMERICA NUCLEAR REGULATORY COM!!ISSION In the l'atter of )
)
NUCLEAR FUEL SERVICES, INC. )
)
AND ) Docket No. 50-201 OLA
)
!!LU YCRE STATE ENERGY RESEARCH )
AND DEVELCFl*ENT AU'IHORI'IY )
(Urstcrn New York Nuc1ctr )
Ecrvice Ccr.tcr )
CEPTIFI,CATE,,OF SERVI,CE I certify that copies of the abovc letter have been served as of this date by first class rail, postage prepaid, upon:
Lawrence Drenner, Chairman Warren E. Bergholz, Jr., Esq.
Administrative Judge Office of General Counsel Atomic Safety and Licensing Board U.S. Department of Energy U.S. Nuclear Regulatcry Ccanission 1000 Independence Avenue, S.W Washington, D.C. 20555 Washington, D.C. 20587 Cr. Jerry Hartcur Irwin D. J. Bross, Ph.D.
Administrative Judge Director of Biostatistics Atomic Safety and Licensing Board Roswcil Park l'cmcrial Institute U.S. Nuclear Fegulatory Commission 666 Elm Street Washington, D.C. 20555 Buffalo, New York 14263 Mr. Peter A. Morris Counsel for NRC Staff Administrative Judge Office of the Executive Legal Atomic Safety and Licensing Board Director U.S. 1;uclear Regulatory Commission U.S. Nuclear Regulatory Washington, D.C. 20555 Commission Washington, D.C. 20555 Docketing and Service Section Atcmic Safety and Licensing Cffice of the Secretary Ecard Panel U.S. Nuclear Pegulatory Commission U.S. Nuclear Regulatory Comm.
Washington, D.C. 20555 Washington, D.C. 20555
, ~2-Atenic Safety and Licensing Appeal Pancl U.S. Nucleat Regulatory Ccm.ission Washingon, D.C. 2C555 WA : =$Nf &
Attorney for Nuclear Fuel e ces, Inc.
Dated: February 26, 1982 Ucchington, D.C.
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