ML22322A272
| ML22322A272 | |
| Person / Time | |
|---|---|
| Site: | Palisades, Big Rock Point File:Consumers Energy icon.png |
| Issue date: | 11/18/2022 |
| From: | Holtec Decommissioning International, Holtec |
| To: | NRC/OGC |
| SECY RAS | |
| References | |
| License Transfer, RAS 56532, Palisades & Big Rock Point-LT-2 | |
| Download: ML22322A272 (0) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD In the Matter of ENTERGY NUCLEAR OPERATIONS, INC.,
ENTERGY NUCLEAR PALISADES, LLC, HOLTEC INTERNATIONAL, and HOLTEC DECOMMISSIONING INTERNATIONAL, LLC (Palisades Nuclear Plant and Big Rock Point Site)
Docket No(s). 50-255-LT-2 50-155-LT-2 72-007-LT 72-043-LT-2 ASLBP No.
22-974-01-LT-BD01 Hearing Exhibit Exhibit Number:
Exhibit
Title:
HOL007 U.S. DEPARTMENT OF ENERGY CONTRACT NO. DE-CR01-83NE44374 CONTRACT FOR DISPOSAL OF SPENT NUCLEAR FUEL AND/OR HIGH-LEVEL RADIOACTIVE WASTE FOR PALISADES NUCLEAR PLANT AND BIG ROCK POINT SITE (JUNE 3, 1983)
CEAaTENT ENERGY CCNTRACT DE-CRUI.-83NE44374 CCNTRACT FOR DIOSM OF SPENT NUCLtR FUEL AND/C KI-LEVEL RADIOACTVE WASTE THIS CONTRACT eitard int thiS 3rd day ot June by and between the UNtIED STATES CF AqERICA hereinaftar referred to as the represented by the UNITED STATES CZART4ENT OF ENERGY hereafter referred to 005 and Consumers Power CornDanv hereinafter referred to as the Prcnaser crporation crganied ano existing unaer the laws of the State of Michigan UITNESSZflI ThAT HEREAZ the DOE has the responsibility for the disposal of spent nuclear fuel and hIghlevel radioactive waste of destic or1gi from civilian r3iadear power reactors in order to protect the public health and safety and the envirorment arid WHEAS the CCE has the responsibIlity following ccmmencent of of repository to take title to the spent nuclear fuel or highlevel radioactive waste Involved as expeditiously as practica l apon the request of the generator or aier of such se or spent nuci ear fuel and WHEREAS all costs assodated with the preparation transportticn and th disposal of spent macleer fuel and highlevel radioactive waste from c1vilin nuclear cwer reactors shall be borne by the owners and generators of such f.zei and waste and Protected and Confidential Material oi to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PAL002958 exhibitsticker.com EXHIBIT PX 481 te it Ue S.
OF NO.
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as cperaticn a
5 i
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Holtec_PAL-001925
WHEREAS the DOE Is required to collect full cost recoverj fee from owners and generators del lvering to the DOE such spent r.ucl ear fuel and/or high level radioactive waste and WHEREAS the DOE is authorized to enter into contracts for the permanent disposal of spent nuclear fuel and/or highlevel radioactive waste of diest1c origin in DOE facilities and WHEREAS the Purchaser desires to obtain disposal services from DOE and WHEREAS DOE is obligated and willing to provide such disposal services under the terms and conditions hereinafter set forth and WHEREAS this contract Is made and entered Into under the authority of the DOE Organization Act Pub I.. 9591 42 U.S.C 7101 et sea arid the iclear Waste Policy Act of 1982 Pub 97-425 42 U.S.C 10101 sea NOW THEREFORE the parties heFeto do hereby agree as foil ows ARTICLE DEFINITIONS As used throughout this contract the following terms shall have the meanings set forth below The term assigned three4uonth period1 means tiie period that each Purchaser will be assigned by DOE giving due consideration to the Purchasers usiguent preference for purposes of reporting kilowatt hours generated by the Purchaser nuci ear power reactor and for establishing fees due and payable to DOE The term casks means container for shi ppl nq spent nuci ear fuel and/
or highlevel radioactive waste wnlch neets all appi icbl regul atory requirenents 01010186 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order a
L.
et
~
1.
2.
a 2
KRG-PAL002959 Holtec_PAL-001926
The term civilian nuclear power reactoru rneans civilian nuclear powerpl ant recuired to be licensed under Sections 103 or 104h of the Atoric Energy Act of 1954 as amended 42 U.S.C 2133 2134b The term Corissjon means the United States huclear Regulatory Coiniisslon The-term contract means thf agreenent and any duly executed a3nenctment or modification thereto The term Contracting Offlcer means-the person executing this contract on behalf of the Government and any other officer or civilian employee who Is properly designated Contracting Officer of the DOE and the term Inclilfies except as otherwise provided in this contract the authorized representative of Contracting Officer acting withIn the l1mits-of his authority The term IdelivEpry means the transfer custody f.o.b carrier of spent nuclear fuel or ighlevel radioactive waste from Purchaser to DOE at the Purchasers civilian nuclear power reactor or such other domestic site as may designated by time Purchaser and approved by DOE 8.
The term disposal means the eipleceoert in repository of highlevel radioactive
-waste spent nuclear fuel or other highly radioactive waste with no foreseeable Intent of recovery whether or not suCh emplacement periw ts recovery of such waste 01010187 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims IUG-PALOO296O Protective Order 3.
a 4.
5 6.
a a
7.
of be a
Holtec_PAL-001927
The term DOE means the United States Departent of Energy or any duly autftorfzed representative thereof including the Contracting Officer 10 The term DOE facility means facility operated by or on behalf of DOE far the purpose of disposing of soent nucl.ear fuel and/or highlevel radioactive waste or such other facilityles to which spent nuclear fuel and/or highlevel radioactive waste may be shipped by DOE prior to its transportation to disposal facility 11 The term full cost recovery means the recoupment by DOE through Purchaser fees and any interest earned all direct costs Indirect costs and all allocable overhead consistent with generally accepted accounting principles consistently applied 0f providing disposal services and conducting activities authorized by the luclear Waste Policy Act of 1982 Pub
- 1.97-425 As used herein the term cost Includes the application of Pluclear Waste.Fund monies for those uses expressly set forth In section 302d and Ce of the said Act and all other uses specified In the Act 12 The term highlevel radioactive waste HLW means the highly radioactive material resulting from the reprocessing spent mncl ear fuel ncludi rtg liquid waste produced directly In reprocessirg and any solid material derivetf from such licuid waste that contains fission products In suffIcient concentrations and other highly radioactive material that the Commission consistent with existing law determines by rule reulres permanent isolation 01010188 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PALOO2961 9.
a a
of (a) of (b)
FS Holtec_PAL-001928
13 The term kilowatt hours generated ans electricity generated by nuclear fuel at civilian nuclear por reactor specified ira Appendix hereto as measured at the output terminals of the turbine generator including an equivalent amoit of electricity for any process heat generated by the reactor and used other than at the reactor 14 The term metric tons uranium means that measure of weight equivalent to 2204.6 pounds of uranium and other fissile and fertile raterial that are loaded into reactor core as fresh fuel 15 The term TMPurchasers sit means the location of Purchasers civilian nuclear power reactor or such other location as the Purchaser may designate 16 The term Nquarterly Treasury rat means the current value of funds rate as specified by the Treasury Fiscal Requirements ianual Volume Part section 802020 This rate Is published quarterly in the Federal Register prior to the beginning of the affected quarter 17 The term TMshfpping lot means specified quantity of spent nuclear fuel or highlevel radioactive waste designated by Purchaser for delivery to DOE beginning on specified date 18 The term spent nuclear fuel SNF means fuel that has been withdrawn from nuclear reactor following irradiation the constituent elements of which have not been separated by reprocessing 19 The term spent nuclear fuel and highlevel radioactive waste of dcmestic origin means irradiated fuel material used and radioactive wastes re sulting from such use in nuclear power reactors located only in the United States 20 The term yearn means the period which begins on October and ends on September 30 01010189 Protected and Confidential Material to be Disclosed Only in Accordance with U.S Court of Federal Claims Protective Order KRG-PAL002962 e
¥ a
A a
1, 6,
a a
a 1
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ARTICLE Ii SCOPE This contract applies to the del Ivery by Purchaser to DOE of SNF and/or HL of domestic origin from civilian nuclear power reactors acceptance of title by DOE to such and/or HLW subsequent transportation and disposal of sucri SNF and/or HLW and with respect to such materiai establishes the fees to be paid by the Purchaser for the services to be rendered hereunder by DOE..
The SNF and/or HLW shall be specified in delivery commitaent schedule as provided in Article below The services to be provided by DOE under this contract shall begin after convnencenent of facility operations not later than January 31 1998 and shall continue untiLsuch time as all SNF and/or HLW from the civilian nuclear power reactors specified in Appendix annexed hereto and made part hereof has been disposed of ARTICLE III TERM The tern of this contract shall be from the date of execution until such time as DOE has accepted transported from the Purchasers sites and disposed of all Sf and/or HU of domestic origin from the civilian nuclear power reactors specified In Appendix ARTICLE IV RESPONSIBILITIES OF THE PARTIES Purchasers Resonsibi1ities DIscharge Information On an annual basis coumiencing October 1983 the Purchaser shall provide DOE with information on actual discharges to date and proectad discharges for the next 01010190 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PAL002963 SNF a
V¥ A,
a
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Ae A.
1.
(a) 1, 6
)
=
F Holtec_PAL-001930
ten 10 years In the form and content set forth In Appendix annexed hereto and made part hereof The Information to be provided will Include estimates and projections and will not be Purchasers firm comrnitnient with respect to discharges or deliveries No later than October 1983 the Purchaser shall provide DOE with specific Information on Total spent nuclear fuel inv.entory as of April 1983 Total rn.nber of fuel assenblies rnoved from the particular reactor core prior to 1200 A.M AprIl 1983 for which there are plans for reinsertion in the core Indicating the current planned dates for reinsertion In the core Estimates of he burned and unburned portion of each individual assbly are to be provided In the event that the Purchaser falls to provide the annual forecast In the form and content required by DOE DOE may in Its sole discretion require rescheduling of any delivery coninient schedule then In effect oioioii Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRGPALOO2964 B,
a
(b) 1, (1) 7, (2) 7, l
(c) a EF Z sone ome Holtec_PAL-001931
reoaration for Transocrtaticn The Purchaser shall arrange for and provide all preparation packaging required Inspections and loading activities necessary for the transportation of SHF and/or HLW to the DDE facility The Purchaser shall notify DDE of such activities sixty C60 days prior to the corencerent of such activities The preparatory activities by the Purchaser shall be irade in accordance with all applicable laws and regulations relating to the Purchasers responsibilities hereunder DOE may designate representative to observe the preparatory activities conducted by the Purchaser at the Purchasers site and the Purchaser shall afford access to such representative Except as otherwise agreed by DOE the Purchaser shall advise DOE in writ1n4 as specified in Appendix annexea hereto and iade part hereof as to the description of the material In each shipping lot sixty 60 days prior to scheduled DOE transportation of that shipping lot Cc The Purchaser shall be responsible for incidental inaintenance protection and preservation of arty and all shipping casks furnished to the Purchaser by DOE for the perfornanca of this contract The Purchaser shall be liable for any loss of or daptage to such D0Efurnished property and for expenses incidental to such loss or davage while such casks are in the possession and control of the Purchaser except as otherwi se provided for hereunder Rcutine cask maintenance such as scheduled overhauls shall not be the responsibility of the Purchaser 01010192 Protected and Confidential Material to be Disclosed Only in Accordance with U.S Court of Federal Claims KRGP Protective Order 2.
(a)
(b) a to F,
a Holtec_PAL-001932
DOE Resconslbilitles DOE shall accept title to all SNF and/or HIW of domestic origin generated by the civilian nuclear power reactors specified in Appendix provide subsequent transportation for such material to the DOE facility and dispose of such material in accordance with the terms of tMs contract DOE shall arrange for and provide casks and all necessary transportation of the SNF and/or HL from the Purchaser3s Site to the DOE facility Such casks shall be furnished sufficiently in advance to accommodate scheduled deliveries Such caskss shall be suitable for use at the Purchasers site meet applicable regul atory requl rements and be accompanied by pertinent inforniation including but not limited to the following written procedures for cask handling and loading Including specifications on Purchaser-furni shed canni sters for con tai nment of failed fuel training for Purchasers personnel in cask handling and loading as may be necessary technical information special tools equipment lifting trunnions spare parts and consumables needed to use and perform incidental maintenance on the casks and sufficient documentation on the equipment supplied by DOE 3e DOE may fulfill any of Its obligations or ake any action under this contract either directly or through contractors protected and Confidential Material 01010193 to be Disclosed only in Accordance th Court of Federal Claims WI irotective Or KRGPAL002966 Te jal U.S.
8.
A, a
(a)
(b)
(¢)
(d)
FID 1o Holtec_PAL-001933
DOE shall annually proylde to the Purchaser pertinent information on the waste disposal program including information on cost projections project plans and progress reports 5.a Beginning on April 1991 DOE shall issue an annual acceptance priority ranklng for receipt of and/cr HL4 at the DOE reposltorj This priority ranking shall be based on the age of ZNF and/or HLW as ccl cul ated fran the data of discharge of such material fran the clviii an nuc ear power reactor The oldest fuel or waste will have the highest priority for acceptance except as provided in paragraphs and of Article and paragraph 3.3 of Article VI hereof Beginning not later than 1uly l87 DOE shall issue an annual capacity report for planning purposes This report shall set forth the projected annua4 receiving capacity for the DOE facilityies and the annual acceptance ranking relating to DOE contracts for the disposal of SNF and/or HLW Including to the extent available capacity information for ten 10 years following the projected commencement of operation of the initial DOE facility ARTICLE DELIVERY OF SNF AND/OR KLW A.1 Description of SNF and HLW The Purchaser snail deliver to DOE and DOE shall as provided in this contract accept the $f and/or HLW which is described in accordance with Article VI.A of this contract for disposal thereof 10 01010194 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims protective Order KRGPAL002967 4.
1, SNF B
D0 V
(b) 1, V
Holtec_PAL-001934
Dell very Cornitent Schedule Delivery ccminent schedules In the forii set forthfn Appendix annexed hereto and made part hereof for delivery of SNF and/or MIW shall be furnished to DOE by Purchaser After DOE has issued Its proposed acceptance priority ranking as described in paragraph 3.5 of Article 1V hereof beginnIng January 1992 the Purchaser shall submit to DOE the delivery ccrmtient schedules which shall Identify all SIF and/or HLW the Purchaser wishes to deliver to DOE beginning slxtythre 63 months thereafrer CE shall approve or disapprove such schedules within three months after receipt In the event of disapproval DOE shall advise the Purchaser in writinn of the reasons.for such disapproval and reouest revised schedule frcni the Purchaser to be submitted to OflE within thirty 30 days after receipt of DOEs notice of cicapproval DOE shall approve or dl approve such revised schedules within sixty 60 days after receipt In the event of disapproval DOE shall advise the Purchaser in writing of the reasons for such disapproval ana shall subrlt its proposed schedules If these are not acceptable to tJe Purchaser the parties shall promptly seek to negotiate mutually acceptable schedules Purchaser shall have the right to adjust the quantities of SNF and/or HUII plus or nrfnus twenty percent 2O-and the delivery schedul up to two months until the submission of the final deliver schedule Final Delivery Schedule Final delivery schedules In the form set forth in Appendix annexed hereto and made part hereof for delivery of SNF and/or HUi covered by an 11 flifliniG Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims protective Order KRG-PAL002968 B.
1.
C a
1, (3) a 2.
(+)
(2)
C.
D, a
l Holtec_PAL-001935
aproved delivery commient schedules shall be furnished to DOE by Purchaser The Purchaser shall submit to
.DOE final delivery schedules not less than twelve 12 months prior to the delivery data specified therein DOE shall approve or disapprove final delivery schedule within fortyfive 45 days after receipt In the event of disapproval DOE shall advise the Purchaser in writing of the reasons for such disapproval and shall request revi sad schedul from the Purchaser to be submitted to DOE within thirty 30 days after receipt of DOEs notice of disapproval DOE shall approve or disapprove such revised schedules within sixty 60 days after receipt In the event of disapproval DOE shall advise the Purchaser in writing of the reasons far such disapproval and shall submit its proposed schedules If these are not acceptable to the Purchaser the parties shall promptly seek to negotiate mutually acceptable schedules Emergency Deliveries Emergency deliveries of SNF and/or HLW may be accepted by DOE before the data provided in the de ivery commitment schedule upon prior written approval by DOE E.
Exchanges Purchaser shall have the right to determine which Sf and/or HLW is delivered to DOE broiiided however that Purchas r shall comply with the re qulrmnents of this contract Purchaser shall have the right to exchange approved delivery comm1ent schedules with parties to other contracts with DOE far disposal of SF and/or HL provided however that DOE shall in advance have the right to approve or disapprove in its sole discretion any such exchanges Not less than sIx months prior to the delivery date 12 01010196 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRGPAL2969 a
a D.
l (6)
S Holtec_PAL-001936
specified in the Purchasers approved delivery commitment schedule the Purchaser shall submit to DOE an exchange request wnlch states the priority rankings of both the Purchaser hereunder and any -other Purchaser with whom the exchange of approved delivery ccmmltment schedules Is proposed DOE shall approve or di sapprove the proposed exchange within thirty 30 days after receipt In the event of disapproval1 DOE shall advise the Purchaser In writing of the reasons for such disapproval ARTICLZ VI CRITERIA FOR DISPOSAL General Recuirenients CrIteria Except as otherwise provided in this contract DOE shall accept hereunder only such SNF and/or HU4 which meets the General Specifications for such fuel and waste
-as set forth in Appendix annexed hereto and made part hereof Purchaser shall accurately classify SNF and/or IILW prior to delivery in accordance with paragraphs and of Appendix Procedures Purchaser shall provide to DOE detailed description of the SW and/or HLW to be delivered hereunder In the form and content as set forth in Appendix annexed hereto and made part hereof Purchaser shall promptly advise DOE of any changes In said SNF and/or I4LW as soon as they 13 01010197 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PALOO2 970
=
A.
1.
(a) a (b) 8 0
E.
2.
(a) a F,
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become known to the Purthaser DOES obligation for disposing of under this contract also extends to other than standard fuel however for any 51 which has been designated by the Purciaser as other than standard fuel as that term is defined In Appendix the Purchaser shall obtain delivery and procedure confirmation from DOE prior to delivery DOE shall advise Purchaser within sixty 60 days after receipt of such confirmation request as to the technical feasibility of disposing of such fuel on the currently agreed to schedul and any schedul adjustment for such services Acceptance Procedures Acceptance Priority Ranking Delivery commitment schedules for Sf and/or HLW may require the dispos of more material than the annual capacity of the DOE disposal facility or facilities can accommodate The following acceptance priority ranking will bi utilized Except as may be provided for in subparagraph below and Article V.D of this contract acceptance priority shall be based upon the age of the SIf and/or MLW as calcul atad from the 14 01010198 protected and Confidential Material to be Disclosed only in Accordance with ij.S Court 0f Claims KRG-PAL002971 (b)
SNE E,
B.
)
1.
(a)
(b)
Federal Protective Order F
Holtec_PAL-001938
date 0f discharge of such material from the civilian nuclear power reactor DOE will first accept from Purchaser the oldest SNF and/or HLW for disposal In the DOE facility except as otherwise provided for In paragraphs and of Article Notwithstanding the age of the SW and/or HLW priority may be accorded any SW and/or HLW removed from civilian nuclear power reactor that has reached the end of its useful life or has been shut down permanently for whatever reason VerifIcation of SNF and/or HLW During cask loading and prior toacceptance by DOE for transporta tion to the DOE facility the SW and/or HLW description of the shipping lot shall be subject to verification by DOE To the extent the SW and/or Hill Is consistent with the description submitted and approved In accordance with Appendices and DOE agrees to accept such SW and/or HLW for disposal when DOE has verified the SW and/or HLW description determined the material Is properly loaded packaged marked labeled and ready for transportation and has taken custody as evidenced in writing of the material at the Purchasers site f.o.b carrier properly executed off-site radioactive shinent record describing cask contents must be prepared by the Purchaser along with signed certification which states 9his is to certify that the abovenamed materials are properly described classified packaged marked and labeled and are in proper condition for transfer according to the applicable regulations of the Department of Transportation 15 01010199 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PAL002972 QU B,
D E
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(b) a 2.
E F,
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U. S.
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timrnerly Described SUF and/or HLW Prior to Accevtance If SF and/or MUI Is detanined by DOE to be Irproperly described prior to acceptance by OCE at the Purchasers site DOE shall prcirptly notify the Purchaser in writing of such detennlnation DOE reserves the right In its sale discretion to refuse to accept such SMF and/or KU until the SNF and/or 4LW has been properly described The Purchaser shall not transfer such SHF and/or MU to DOE unless DCC agrees to accert such SNF and/or MU under such other arraneents as iy be agreed to In writing by the parties After Acceotanre If subsequent to Its acceptance DOE finds that such SHF and/or HLW is Improperly described DOE shall promptly notify the Purchaser in writing of such finding In the event of such notification Purchaser shall provide DOE with proper designation within thirty 30 days In the event of failure by the Purchaser to provide such proper designation DOE may hold In abeyance any and all deliveries scheduled hereunder ARTICLE VII TI11E Title to all SNF and/or HLW accepted by DOE for disposal shall pass to DOE at the Purchasers site as provided for tn Article VI hereof DOE shall be 16 Q1010200 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PAL002973 4
(a)
(b) a a
OQ 7
Holtec_PAL-001940
solely responsible for control of all material upon passage of title DOE shall have the right to dispose as it sees fit of any SNF and/or HLW to which It has taken title The Purchaser shall have no claim against DOE or the Govern ment with respect to such SIIF or HLW nor shall DOE or the Government be obligated to compensate the Purchaser for such material ARTICLE VIII FEES AND TERMS OF PAYMENT Fees Effective April 1983 Purchaser shall be charged fee in the amount of 1.0 mill per ki3owatthour 1M/KWH on electricity generated by Purchasers nuclear power reactors The said fee shall be paid as specified in paragraph of this Article VIII For SNF or solidified high..level radioactive waste derived from SNF which fuel was used to generate electricIty In civilian nuclear power reactor prior to April 1983 onetimefee will be assessed by applying industry-wide average dollar per kilogram charges to four distinct ranges of fuel burnup so that the integrated cost across all discharged I.e spent fuel.is equivalent to an industry-wide average charge of 1.0 mill per kilowatt-hour For purposes of this contract dischargednuclear fuel is that fuel removed from the reactor core with no p1 ans for reinsertion In the event that any such fuel withdrawn with plans for reinsertion Is not reinserted then the applicable fee for such fuel shall be calculated as set forth in this paragraph The categories of spent nuclear fuel burnup and the fee schedule 17 01010201 protected and Confidential Material to be Disclosed only in Accordance Court of Federal Claims with protective Order KRGPAL002974 A.
1.
7, a
B 2.
7, a
(4) 2.
Holtec_PAL-001941
dr ii.ca Dollars per fluclear Spent Fuel i1ogram Burnuo Range 1982 o11ars 5000 MWOT/MTU 80.00 5000 10000 M%DT/MTU 142.00 10000 20OCO MWDT/HTU 162.00 over 20000 MWDT/MTU l8.00 This fee shall not be subject to adjusnent and the payment thereof by the Purchaser shall be made to DOE as specified in paragraph of this Article VIII For incore fuel as of April 1983 that portion of the fuel burned through AprIl 1983 shall be subject to the onetime fee as calculated In accordance with the following methodology determine the total weight In kilograms of uranium loaded initially in the particular core Cb determine the total megawatt-days thermal which have been generated by all of the fuel assemblies In the said core as of 1200 A.M April 1983 Cc divide the megawatt-days thermal generated in the said core by the total metric tons of Initially loaded uranium in that core and multiply the quotient by the conversion factor 0.0078 to obtain value In dollars per kilogram and Ed multiply the dollars per kilogram value by the kilograms determined in above to derive the dollar charge for the onetime fee to be paid for the specified incore fuel as of 1200 AJ4 April 1983 For purposes of this contract Incore fuel
.ls that fuel in the reactor core as of the date specified plus any fuel removed from the reactor with plans to reinsert That portion of such fuel unburned as of 1200 AJ4 April 1983 shall be subject to the 1.0 mill per kilowatt-hour charge 18 Protected and Confidential Material O1O1OO to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PAL002975 veive.
0 8B 3.
7, 6,
[a]
7, a
[a]
7, 7,
q Holtec_PAL-001942
OCE will annually review the adequacy of the fees and adjust the ltl/KWH fee if necessary in order to assure full cost recovery by the Governrent Any proposed adjustment to the said fee will be transmitted to Congress and shall be effective after period of ninety 90 days of continuous session has elapsed following receipt of such transmittal unless either House of Congress adopts resoluticn disapproving the proposed adjustment Any adjustment to the 1M/KWH fee under paragraph Al of this Article VIII shall be prosoective Payment For electricity generated by the Purchasers civilian nuclear power reactors on or after April 1983 fees shall be paid quarterly by the Purchaser and rnustbe received by DOE not later than the close of business on the last business day of the month following the end of each assigned three month period The first payment shall be due on July 31 1983 for the period April 1983 tn June 30 l83 one time adjustment period payment shall be due on 1A for the period 1/A to 1/A The assigned three month period for purposes of payment and reporting of kilowatt hours shall begin Jiy i93 For SNF discharged prior to April 1983 and for incore burned fuel as of 1200 A.1 April 1983 the Purchaser shall within two years of contract execution select one of the following fee payment options OPTION The Purchasers financial obligation for said fuel shall be prorated evenly over forty jO quarters and will consist of the fee plus interest on the outstanding fee 19 01010203 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-pAL002976 4.
a a
1.
7, 7,
A 2,
2.
7, 7,
(2)
(a) 1 E20 Holtec_PAL-001943
balance The intirest from April 1983 to date of the fi ret payment is to be cal cul atad based upon the 13-week Treasury bill rste as reported on the first such issuance following April g83 and compounded quarterly thereafter by the 13week Treasury bfl rates as reported on the first such Issuance of each succeeding assigned threemonth period Beginning with the first payment Interest is to be calculated on Purchasers financial ollgatlon plus accried interest at the tanyear Treasury note rate in effect on the date of the first payment tn no event shall the end of the forty 4.0 quarters extend beyond the first schedul ed del ivery date as refl ected tn the DOEapproved delivery commitment schedule All payments shall be made concurrently with the assigned three month period payments At any time prior to the end of the forty 40 quarters Purchaser nay without penalty make full or partial lump sum payment at any of the assigned three month period payment dates Subsequent quarterly payments will be appropriately reduced to reflect the reduction In the remaining balance In the fee due and payable The remaining financial obligation If any will be subject to interest at the same tanyear Treasury note rate over the remainder of the tar year period OPTION The Purchasers financial obligation shall be paid in the form of single payment anytime prior to the first delivery as refi ected in the DOE approved delivery commitment schedule and shall consist of the fee plus interest on the protected and Confidential Material 01010204 to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PAL002977 7,
7, a
(b) 2 a
20 l
l Holtec_PAL-001944
outstanding fee balance Interest is to be calculated from April 1983 to the date of the payment based upon the 13-week Treasury bill rate as reported on the first such issuance following AprIl 1983 and compounded quarterly thereafter by the 13week Treasury bill rates as reported on the first such issuance of each succeeding assigned threemonth period until payment OPTION The Purchasers financial obligation shall.be paid prior to June30 1985 or prior to two years after contract execution whichever comes later in the form of single payment and shall consi St of all outstandi ng fees for SF and incore fuel burned prior to April 1983 Under this option no interest shall be due to DOE from April 1983 to the date of full payment on the outstanding fee bal ance 3%
Method of Payment Payments shall be made by wire transfer ln accordance with instructions specified by DOE In Appendix annexed hereto and made part hereof and must be received within the time periods specified in paragraph 3.1 of this Article Viii The Purchaser will complete Standard Remittance Advice as set forth In Appendix for each assigned three month period payment and mall it postmarked no later than the last business day of the month following each assigned three month period to Department of energy Office of Controller Cash Management Division Box 500 Room 0208 Germantown Maryland 20874 21 01010203 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims L_
Protective Order KRG-PAL002978 Nae:
7, 7,
(c) 3 (2) a 7,
7, (a)
G, a
(b) a G,
~
Holtec_PAL-001945
Any fees not paid on timely basis or underpaid because of mis calculation will be ubject to interest as specified In paragraph of this Article VIII Interest on Late Fees DOE will notify the Purthaser of amounts due only when unpaid or underpaid by the dates specified In paragraph above Interest will be levied according to the following formula Number of Interest Unpaid Balance Cue Quarterly Months Late Including To DOE For Treasury Month Of Payment fracti on Assigned Three Rate Plus Rounded Up to Whole Months Month Period Six Percent 12 Interest is payable at any time prior to the due data for the subsequent assigned tnree month period fee payment Nonpayment by the end of the subsequent assigned three month period will result in compounding of interest due Purchaser shall complete Standard Remittance Advice for Interest payments Following the assessment of late fee by DOE payments will be applied against accrued Interest first and the principal thereafter Effect of Payment Upon payment of afl applicable fees interest and penalties on unpaid or underpaid amounts the Purchaser shall have no further financial obligation to DOE for the disposal of the accepted SNF and/or HLI1 22 pnonfl 01010206 with U.S Court of Federal Claims Protective Order KRG-PAL002979 4,
a C
C.
1.
8
=
x X
(6%).
2.
a 3.
a
~
D.
Holtec_PAL-001946
Audit The DOE or Its representative shall have theright to perfonn any audits or Inspections necessar to determine whether Purchaser is paying the correct amount under the fee schedule and interest provisions set forth in paragraphs and above Mothing in this contract shall be deered to precluele an audit by the General Accounting Office of any transaction under this ontract The Purchaser shall furnish DOE with such records reports and data as ay be necessary for the deternlnatiorr of quantities delivered hereunoer and for final settlerent of amounts due under this contract and shall retain and make available to DOE and Its authorized representative for exani nation at all reasonable tiles suchiords reports and data for period of three years fran the corpletion of delivery of all material under this contract ARTICLE IX DELAYS Unavoidable Delayy Purchasar or DOE Heither the Government nor the Purchaser shall be liable under this contract for damages caused by failure to perfont its obligations hereunder if such failure arises out of causes beyond the control and without the fault or negligence of the party failing to perform In the event circumstances beyond the reasonable control of the Purchaser or DOE such as acts of God or of the public enery acts of Government In eithr its sovereign or contractual capacity fires floods epidenics quarantine restrictions strikes freight enbargoes and unusually severe weather cause delay in scheduled delivery acceptance or transport of SNF and/or HLW the party experiencing the delay will notify the other party as soon as possible after such delay is ascertained and the parties will readjust their schedules as appropriate to acomwodata such aelay Protected and Confidential Material 23 01010207 to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRGPAL002980 1.
A, 8 C
2.
3.
a (3)
A.
Fz 4 Holtec_PAL-001947
Avoidable Delays by Purchaser or DOE In the event of any delay in the delivery acceptance or transport of SNF and/or MUd to or by DOE caused by circtnstances within the reasonable control of either the Purchaser or DOE or their respective contractors or suppliers the charges and schedules specified by this contract will be equitably adjusted to reflect any estimated additional costs Incurred by the party not responsible for or contributing to the delay ARTICLE SUSPENSION In addition to any other rights DOE may have hereunder DOE reserves the right at no cost to the Govermnen to suspend this contract or any portion thereof upon written notice to the Purchaser within ninety SO days of the Purchasers failure to perform Its obligations hereunder and the Purchasers failure to take corrective action within thirty 30 days after written notice of such failure to perfor as provided above unless such failure shall arise from causes beyond th control and without the fault or negligence of the Purchasar Its contractors or agents However the Purchasers obligation to pay fees required hereunder shall continue unaffected by any suspension Aiiy such suspension shall be rescinded if and when DOE determines that Purchaser has compi eted corrective action The DOE reserves the right to suspend any schedul ed deliveries In the event that national energency requires that priority be given to Government programs to the exclusion of the work under this contract In the event of such suspension by the Govemnent the DOE shall refund that portion 24 01010208 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRGPALO 02981 B.
X A.
~
B.
a a
F? >
Holtec_PAL-001948
of payments representing strvices not deHvered as determined by the Contracting Officer to be an e uf table adjuser.t Any disagreent arising fron the refund payient If any shall be resolvei as provided in th clause of this contract entitled IPUTZS.U ARTICLE XI RE4EDIEZ flothing In this contract shall be construed to preclude either party frcrn asserting Its rights and rejedies under the contract or at law ARTICLE XII PICTICES AlT notices and corununfeatians bebeen the parties under this contract except notices published in the Federel Register shall be tn writing and shall be sent to the following addressees To OOE U.S._DeDartment of Energy Pocuremenc and Assistance Management Directorate Office of Proc amenc Operations Washngtoii D.C 20585 Attention Thomas Kefe Contracting Officer To the Purchaser Consumers Power Company 19k5 West Parnall Road Jackson MI 92O1 Attention Director ituc1ear Fuel Supply However the parties nay change the addresses or addressees for such notices or cannunicatlons without foral modification to this contract provided however that notice c.f such change shall be given by registered nail 25 01010209 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRGPALOO2 982 9
Holtec_PAL-001949
ARTICLE XIII REPRESENTATION CONCERNING NUCLEAR MAzAaOS INDEMNITY DOE represents that It will include in its contracts for the operation of any DOE facility an indeirnity agreeient based upon Section 170d of the Atomic Energy Act of 1954 as amended copy of which agrenent shall be furnished to the Purchaser that under said agreuent DOE shall have agreed to indnify the contractor and other persons indemnified against claims for public liability as defined In said Act arising out of or in connection with contractual activi-ties that the indemnity shall apply to covered nuclear Incidents whIch take place at contract location or arise out of or in the course of transporta tion of sourca special nuclear or byproduct material to or from contract location The obligatloii of DOE to indemnify shall be sub.jec.t to the conditions stated in the Indemnity agreement The provisions of this Article XIII shafl continue beyond the teri of this contract ARTICLE XIV ASSIGNMENT The rights and duties of the Purchaser may be assignable with transfer of title to the SNF and/orHLW involved provided however that notice of any such transfer shall be made to DOE within ninety 90 days of transfer 26 01010210 Protected and Confidential Material tobe Disclosed only in Accordance with U.S Court of Federl Claims KRG-PAL002983 A.
a (1) a (2) a
. 8.
~
Protective Order Holtec_PAL-001950
ARTICLE XV AMENDMENTS The provisions of this contract have been developed in the light of uncertainties necessarily atendant upon iongterm contracts Mccrdlngly at the request of either DOE or Purchaser the parties will negotlateand to the extent mutually agreed amend this contract as the parties uay den to be necessary or proper to reflect their respectlve interests provided however that any such amendment shall be consistent with the DOE final rule published in the Federal Register on April i8 1983 entitled 1Standard Contract for Disposal of and/or HLW as the same may be amended from time to time ARTICLE XVI DtSPUTES Except as otherwise provided in this contract any dispute concerning question of fact arising under this contract which is not disposed of by agree ment shall be decided by the Contracting Officer who shall reduce his decision to writing and or therwfse furnish copy thereof to the Purchaser The decision cf the ContractIng Officer shall be final and cnclusiveunless within nInety 90 days from the date of receipt of Such copy the Purchaser mails or otherwise furnishes to the Contracting Officer written appeal addressed to the DOE Board of Contract Appeals Board The decision of the Board shall be final and conclusive unless determined by court of competent jurisdiction to have been fraudulent or caprlciaus-or arbitrary or so grossly erroneous as necassarf to impl.y bad faith or not supported by substantial evidence In connection with any appeal proceeding under this clause the Purchaser shall proceed diligently with the performance the contract and In accordance with the Contracting Officers decision 27 Protected and Confidential Material 01010211 to be Disclosed only in Accordance with U.S Court of Federal Claims protective Order KRGPALOO2 984 SNF
=
A.
a mail 2
a a2 of F2%
Holtec_PAL-001951
For Purchaser claims of more than $50000 the Purchaser shall submit with the claim certification that the claim Is made in good faIth 1the supporting data are accurate and complete to the best of the Purchasers kncwledge and belief and the amount requested accurately reflects the contract ad.jusent for which the Purchaser believes the Government Is liable The certification shall be executed by the Purchaser if an individual When the Purchaser Is not an individual the certifi cation shall be executed by senior company official in charge at the Purchasers plant or location involved or by an officer or general partner of the Purchaser having overall responsibility for the conduct of the Purchasers affairs Fcr Purchaser claims of 550000 or less the Contracting Officer must render decision within sixty 60 days For Purchaser claiis In excess of SSOCOcI the Contracting Officer must decide the claim within sixty 60 days or notify the Purchaser of the date when the decision will be made This DfsputesN clause does not preclude consideration of law questions in connection with decisions provided for In paragraph above provldea however that nothing in this contract shall be construed as making final the decision of any administrative official re resentatlv.e or board on question of law ARTICLE XVII OFFICIALS NOT TO BENEFIT No member of or delegate to Congress or resident commissioner shall be admitted to any share or part of this contract or to any benefit that may arise therefroni but this provision shall not be construed to extend to this dontract if made with cororatlon for Its general benefit 28 01010212 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PAL002985 B.
a a
C.
a D.
A a
=
a F
Holtec_PAL-001952
ARTICLE XVIII COVEIAMT ACIUflST CONTIGENT FEES The Purchaser warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for commission percentage brokerage or contingent fee excepting bona ffde employees or bona fide established commercial or selling agencies maintained by the Purchaser for the purpose of securing business For breach or violation of this warranty the Government shall have the right to annul this contract without llab4l Ity or in its discretion to increase the contract price or consideration or otherwise recover the full ount of such commission brokerage or contingent fee ARTICLE XIX EXAPIATION OF RECORDS The Purchaser aarees that the Comptroller General of the United States or any of his duly authorized representatives shall have access to and the right to examine any directly pertinent books documents papers and records of the Purchaser Involving transactions related to this contract until the expi ratlon of three years after final payment under thi contract ARTICLE XX PERMITS The Government and the Purchaser shall procure all necessary permits or licenses Cf ncludfng any special nuclear material licenses and comply with all applicable laws and regulations of the United tatas States and municipalities necessary to execute their respective responsibilities and obligations under this contract 29 01010213 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PAL002986
=
a
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=
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(
Holtec_PAL-001953
ARTICLE XXI RIGHTS Ii TZCHJIcAL DATA Definitions Technical data means recorded information regardless of form or characteristic of specific or technical nature It may for example document research experimental developmental or demonstration or engineering work or be usable or used to define design or process or to procure produce support maintain or operate material The data may be graphic or pictorial delineations In media such as drawings or photographs text In specifications or related perPorrance or design-type documents or corputer software including computer programs computer software data bases and computer software documentation Examples of technical data Include research and engineering data engineering drawings and associated lists specifications standards process sheets manuals tecWTcai reports catalog Item identification and related Information Technical data as used herein do not include financial reports cost analyses and ot1er information incidental to contract administration Proprietary data means technical data which embody trade secrets developed at private expense such as design procedures or techniques chemical composition of materials or manufacturing methods processes or treathients including minor modifications thereof provided that such data Are not generally known or available from other sources without obligation concerning their confidentiality Ib Have not been made available by the owner to others without obligation concerning Its confidentiality and 30 01010214 Protected and Confidential Materia to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRGPALO 02987 A.
1.
a a
2.
(a) l Holtec_PAL-001954
Are not already available to the Government without obligation concerning their confidentiality Contract data means technical data first produced in the performance of the contract technical data which are specified to be delivered under the contract or technical data actually delivered in connection with the contract Unlimited rights means rights to use duplicate or disclose technical data in whole or In part in any manner and for any purpose whatsoever and to permit others to do so Allocation of rights The Government shall have Unlimited rights in contract data except as otherwise provided below with respect to proprietary data properly marked as authorized by thi ci ause The right to remove cancel correct or ignore any marking not authorized by the terms of this contract on any technical data furnished hereunder if in response to written Inquiry by DOE concerning the proprietary nature.of the markings the Purchaser fails to respond thereto within 60 days or fails to substantiate the proprietary nature of the markings In either case DOE will-notify the Purchaser of the action taken No rights under this contract in any technical data which are riot contract data 31 01010215 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims KRG-PAL002988 F3 (c) 3.
4.
B.
1s (a),
(b) a (c)
Holtec_PAL-001955
Subject to the foregoing provisions of this rights in technical data clause the Purchaser shall have the right to mark proprietary data it furnishes under the contract with the following legend and no other the terms of which shall be binding on the Government LLMITED RI1TS LGZND This proprietary data furnished under Contract No with the Oepartitent of Energy nay be dupi icatad and used by the Government with the express limitations that the proprietary data may not be disclosed outside the Government or be used for purposes of manufacture wi.thout prior permission of the Purchaser except that further disclosure or use nay be made solely for the following purposes This proprietary data may be disclosed for evaluation purposes under the restriction that the proprietary data be retained In confidence and not be further disclosed This proprietary data may be disclosed to contractors participating in the Governments program of which this contract is part for information or use In connection with the work performed under their corttracts and under the restriction that the proprietary data be retained in confidence and not bi further disclosed or Cc This proprietary data nay be used by the Government or others on its behalf for energency work under the restriction that the proprietary data be retained In confidence and not be further disclosed This legend shall be marked on any reproductIon of this data in whole or in part 32 01010216 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRGPALOO2 989 Nee 2.
U. S.
(a)
\\
(b) a
~
ec Holtec_PAL-001956
In the event that proprietary data of third party with respect to which the Purchaser Is subject to restrictions on use or disclosure is furnished with the Limited Rights Legend above Purchaser shall secure the agreement of such third party tQ the rights of the Governnent as set forth in the Limited Rights Legend DOE shall upon request furnish the nares of those cntractrs to which proprietary data has been disclosed ARTICLE XXII ENTIRE CONTRACT This contract which consists of Articles through XXII arid Appendices through C-annexed hereto and rade part hereof contains the entire agreement between the parties with respect to the subject ratter hereof Ary representation pronise or condition not incorporated In this contract shall not be binding on either party No course of dealing or usage of trade or course of perforiance shall be relevant to explain or supplement any provision contained In this contract Nothing in this contract is Intended to affect In any way the contractual obligation of any ottier persons with whom the Purchaser may have contracted with respect to assuming sowe or all disposal costs or to accept title to SF and/or HLW Acoendices Nuclear Power Reactors or Other Facilities Covered Discharge Information Ten Year Annual Delivery Coiimiient Schedule FInal Delivery Schedule General Specifications Detailed Description of Purchasers Fuel Standard Remittance Advice 33 01010217 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PAL002990 3.
a A.
I A
a B.
C.
A.
B.
C.
D.
E.
F.
G.
l Holtec_PAL-001957
IN WITNESS WHEREOF the parties hereto have executed this contract as of the day and year first above written UNITED STATES OF AMERICA UMITE DIECF ENERGY 1ontracting Ofricer inomas Keefe WIThESZES AS TO ECU1IOU ON BEHALF OF PURCHASERia iirty CONSUNERs POWER Co TI ti iXNT Perry certify that am the Secretary of the corporation named Purchaser herein that
.T Odleva.k who signed this document on behalf of th Purchaser was then Vice President of said corporation that said document was duly signed for and on eha1f of said corporation by authority of its governing body and Is within the scope of Its corporate powers IN WITNESS WHEREOF have hereunto affixed my hand and the seal of said corporation this 3rd day of June 1983 Corporate Seal Signatire 34 01010218 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims protective Order KRGPAL002991
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UMI NT OF Ory Ce Ay YDo/
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(NU Holtec_PAL-001958
APPENDIA NUC1SR POWER REACTORS OR OTHER FACILITIES COVERED Purchasers Consumers Potrar Cenrnnv Contract Nurnber/O te DE-CRO.-83NE44374 June 1983 Reactor/Facility Name Big Rock Point Nuclear Plant Location Street i-v cpi City Charlev ix County/State Charlevoix
_Michian Zip Code Capacity MWE Gross T5 Reactor Type BWR PWR Other Identify Facility Description Date of Ccnencent of Operation Septexnber 271962 actual or tC License DPR-6 SyPur.a Direr Nuclear Fuel Supply 6/1/83 Signature Title Date 01010219 Protected and Confidential Material to be Disclosed Only in Accordance with U.S Court of Federal Claims KRGPALOO2992 Protective Order
/
3, Route 2
/
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Holtec_PAL-001959
APPV1DX NUCLVR POWER REACTORS OR OTHER FACILITIES COVERED Purchaser Consumers Power Company Contract Number/Date DE-CRO1-83NE44374 June 1983 Reactor/Facility Nrne Palisades Nuclear Plant Location Street Route Box l5 City Covert County/State Van Buren Michigan Zip Code Capacity lIWE Gross 612 Reacto Type BWR Qther.Identlfy Facility Description Date of Ccuuencenent ofOperation May 1971 actual or NRC License DPR20 3ypar Director Nuclear Fuel Supply 6/1/83 Signatur Title sate 01010220 Protected and Confidential Material to be Disclosed Only in Accordance with U.S Court of Federal Claims Protective Order KRGPAL002993 wee
/
3,
- 2,
/
24, s50tHated) l l
=
Holtec_PAL-001960
It0 APPNOtX NUCLEAR POWER REACTORS OR OTHER FACflJTIES COVERED Purchaser0 Consumers Power Company Contract Number/Data DE-CRO1-83NE44374 June 1983 Reactor/Facility Name Midland Nuclear Plant Unit II Location Street 3500 Miller Road City Midland County/State Midland Michigan Zip Code Capacity MWE Gross 852 Reactor Type BWRD PWR Other Ideify ____________________________________
Facility Description The facility consists of two units having total combined capability of approximately 1357 MWe and io6 lb/hr of process ste am Date of Coimuencient ofOperation December 1981 asiui or estimated License Anvlied ftr in Docket 50330 Director Nc1ear Fuel_ip1y 6/1/83 signature ittle Date 01010221 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims K1RGPALOO2994 wee
/
3,
/
l a
4 x
~
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Holtec_PAL-001961
APPENDIX NUCt.EAR POWER REACTORS OR O114ER FACILITIES COVERED Purchaser Consumers Power Company Contract Number/Date DE-CR01-83NE44374 June 193 Reactor/Facility Name M1nd P1t.-J1rt Location Street 3500 East Miller Road Cit Midland County/State Midland Michigan Zip Code 86o Capacity MWE Gross 505 Reactor Type SWRD PWR Other Identify Facility Description The facility Consists of two units having total combined capability of approximately 1357 MWe and lb/hr of process steam Date of Commencierrt of Operation May 198S 4X1 or estImated tE License Applied for in Docket 50-329 Director Nuclear Fuel Supply 6/1/83 Signature Title Date 01010222 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims ProtectiveOrder KRG-PAL002995 A
7
/
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By Purchaser 5
l Holtec_PAL-001962
APPENDIX TEN YEAR DISCHARGE FORECAST Tobe used for DOE planning purposes only and does not represent firm canmitment by Purchaser Purchaser Contract Number/Date Reactor/Facility Name Location Street City ___________________________________________________
County/State Zip Code Type BWR PURD Other Identify 910 Discharge date mo/yr or refueling shut down 10 yr date Total Metric tons Initial di scharged Number of assnbl1es discharged per cyc By Purchaser Signature Title Date 01010223 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PALO02996 8
a
/
/
FHO Holtec_PAL-001963
APPENDIX nctosure ACTUAL DISCHARGES Purchaser Contract Number/Date Reactor/Facility Name Location Street City ________________________________________________________
ounty/
State Zip Code Type BWR PWRD Other Identify Refueling Shutdown Data Metric Tons Uranium InitIal/DIscharged Initial Qiscnarged Number of Assenblies Discharged Any false fictitious or fraudulent statement may be punishable by fine or imprisonment U.S Code Title 18 Section 1001 By Purchaser Signature Title Date
.01010224 Protected and Confidential Material to be Disclosed Only in Accordance with U.S Court of Federal Claims Protective Order KRG-PAL002997 8
1)
/
PH l Holtec_PAL-001964
APPENDIX DELIVERY COMMITMEItT SCHEDULE This delivery commitment schedule shall be submitted by Purchaser to DOE as specified In Article V.B of this contract Purchaser Contract Number/Date
/__________________________
Reactor/Facility Name Location Street City ___________________________________________________
County/State Zip Code Type Cask Required Shipping Lot Number ______________
Proposed Assigned by DOE Shipping Mode Truck Proposed Delivery Date Rail JJ DOE Assigned Delivery Barge Commitment Date Range of Discharge Dates Earliest To ____
to Latest Mo Day Yr Mo D
Yr Metric Tons Uranium Initial ________________
Discharged Number of Assemblies BWR ________
PWR ________
Other O1O1O22 Protected and Confidential Material to be Disclosed Only in Accordance with U.S Court of Federal Claims KRGPALOO2998 C
/
[J]
DO
/
/
Fu Protective Order Holtec_PAL-001965
APPENDC Unless otherwise agreed to in writing by DOE the Purchaser shall furnish herewith to DOE suitable proof of oinership of the Sif and/or HLW to be delivered hereunder The Purchaser shall notify DOE In writing at the earliest practicable date of any change In said ownership Any false fictitious or fraudulnt statement may be punishable by fine or Imprisonment U.S Code Title 18 Section 1001 By Purchaser Signature Title Date Approved by DOE Technical Representative Title Date Contracting Officer Date 01010226 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims protective Order KRG-PAL002999 e
FY Holtec_PAL-001966
APPENDIX FINAL DELIVERY SCHEDULE To submitted to DOE by Purchaser for each designated Purchaser Delivery site not later than twelve 12 months prior to estimated data of first delivery Purchaser Contract Number/Date
______________________/
Reactor/Facility Maine Location Street City _________________________________________________
County/State Zip Code Types casks required Assembilies per cask Shipping Lot Number _______________
Shipping Mode Truck Assigned by DOE Rail Barge Metric Tans Urainum Initial Discharged Range of Discharge To Dates Earliest Pay Yr Mo Cay Yr to Latest From approved comni tment schedul Number of Assemblies SWR PWR Other Purchasars Delivery First ____
Last Estimate Mo Day Yr Mo Day Mo Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims protective Order KRGPALOO3000 0
be
/
/
/
/
/
Mo
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/
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01010227 Fu+
Holtec_PAL-001967
S.
APPENDIX Unless otherwise agreed to in writing by DOE the Purchaser shall furnish herewith to DOE suitable proof of ownership of the SHE and/or HLW to be delivered hereunder The Purchaser shall notify DOE in writing at the earliest practicable date of any change in said ownership To confirm acceptability of delivery dates Purchaser Contact Title Phone DOE Contact Ti tie _________
Phone Any false fictitious or fraudulent statement may be punishable by fine or imprisonment U.S Code Title 18 SectIon 1001 By Purchaser Signature Title Date Approved by DOE Technical Representative Fl ti Date Qontracting Officer Date 01010228 KRG-PALOO3001 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order D
ess Holtec_PAL-001968
APPENDIX GENERAL SPECIFLCATIONS Fuel Category Identification Categories-Purchaser shall use reasonable efforts utilizing technology equivalent to and consistent with the commercial practice to properly classify Spent Nuclear Fuel SNF prior to delivery to DOE as follows Standard Fuel means SNF that meets all the General Specifications therefor set forth In paragraph below Nonstandard Fuel means SNF that does not meet one or more of the General Specifications set forth In subparagraphs through of paragraph below and which is classified as Nonstandard Fuel Classes MSi through NS5 pursuant to paragraph below Failed Fuel means SNF that meets the specificitlons set forth In subparagraphs through of paragraph below and which Is classified as Failed Fuel Class Fi through F-3 pursuant to subparagraph of paragraph below Fuel nay have Failed Fuel and/or several Nonstandard Fuel classifications Fuel Description and Subcl assi fi cati onGeneral Soeci fi cati ons MaxImum Nominal Physical Dimensions Boiling Water Pressurized Water Reactor BWR Reactor PWR Overall Length 14 feet 11 inches 14 feet 10 inches Active Fuel Length 12 feet Inches 12 feet inches Cross Sectlon inches inches Inches inches The cross section of the fuel assenbly shall not include the channel NOTE Fuel that does not meet these specifications shall be classified as Nonstandard FuelClass MSi 01010229 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PALO03002 E
A, 1.
a.
be Ce d.
B 1
5 8
B 1
3 8
6 8.
1.
l 6
Q 6
x 6 9
x 9 F 4 lo Holtec_PAL-001969
APPEMOIX ronfuel Comoonents Nonfuel components Including but not limi ted to control spiaers burnable poison rod assemblies control rod elements thimble plugs fission chambers and primary and secondary neutron sources that are contained within the fuel assembly or BR channels that are an integra1 part of the fuel assembly which do not require special handling may be included as part of the spent nuclear fuel delivered for disposal pursuant to this contract NOTE Fuel that does not meet these specifications shall be classified as Nonstandard FuelClass NS2 Cooling The minimum cooling time for fuel is five years NOTE Fuel that does not meet this specification shall be classified as Nonstandard Fuel.Class fl5..3 NonLWR Fuel Fuel fran other than LWR power facilities shall be classified as Nonstandard FuelClass NS4 Such fuel may be unique and require special handling storage and disposal facilities Consolidated Fuel Rods Fuel which has been disassembled and stored with the fuel rods in consolidated manner shall be classified as Nonstandard Fuel Class NS.5 Failed Fuel Visual Inspection Assemblies shall be visually Inspected for evidence of structural deformity or damage to cladding or spacers wnich may require special handling Assemblies which El are structurally deformed or have damaged ci addi rig to the extent that sped al handi rig may be required or Eli for any reason cannot be handled with normal fuel handling equipment shall be classified as Failed FuelClass Fi Previously Encapsulated Assemblies Assemblies encapsulated by Purchaser prior to classification hereunder shall be classified as Failed FuelClass F3 Purchaser shall advise DOE of the reason for the prior encapsulation-of assemblies In sufficient detail so that DOE may plan for appropriate subsequent handling Regul atory Requi rements Zpent fuel assemblies shall be packaged and p1 aced in casks so that all applicable regul atory requirements are met Protected and Confidential Material 01010230 to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PALOO3003 E
2.
3.
(5) 4.
5.
a 6.
a.
be c.
Holtec_PAL-001970
APPENDIX Sunnary of Fuel Classifications Standard Fuel Class S-i PW Class 52 BWR Nonstandard Fuel Class MSi Physical Dimensions Class NS2 Non Fuel Components Class NS.-3 Short Cooled Class NS-4 NonLUR Class NS5 tansolidated Fuel Rods Failed Fuel Class F-i Visual Failure or Damage Class F2 Radioactive LeakageM Class F3 Encapsulated HighLevel Radioactive Waste The DOE shall accept high-level radioactive waste Detailed acceptance criteria and general specifications for such waste will be issued by the DOE no later than the date on which DOE submits its license application to the Nuclear Regulatory Comnission for toe firstdlsposaI facility 01010231 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRGPALOO3 004 So E
C.
1.
a.
b.
2.
ae b.
Ceo d.
Be 3.
a.
b.
Ce D.
Holtec_PAL-001971
APPENDIX DEThILED DESCRIPTION OF PURC4ASERS FUEL This information shall be provided by Purchaser for each distinct fuel type witnin Shipping Lot not later than sixty 60 days prior to the schedule transportation date Purchaser Contract Number/Date Reactor/Facility Name Drawings Included In generic dossier Fuel Msembly Dossier Number DWG DOE Shipping Lot Assemblies Described
_________BWR
_________PWR Upper Lower end fittings DWGI
__________Other It DESIGN MATERIAL DESCRIPTIONS Fuel Element Assembly Description El ement type Number of El enents rod plate etc Overall dimensions Total length
______________ln
_______ in lengtn cross section ActIve length
____________ in Ov.erall weight Cladding material Zr s.s etc III Describe any distortions ci adding damage or other damage to the spent fuel or nonfuel.ccmponentz within this Shipping Lot which will require special handling procedures Attach additional pages if needed 01010232 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PALOO3005 F
a I.
1.
2.
1.
1.
2.
2.
/
3.
3.
4.
Faq Holtec_PAL-001972
APPENDIX IV Assembly Number Shipping Lot IRRADIATION HISTORY CYCLE NUMBER Startup data nrn/day/yr Shutdown date mo/day/yr Cumulative fuel exposure mwd/mtu Avg reactor power niwth Total heat output/assembly In watts using an approved calcu-latlonal method _____________________
as of __________________
Date Any false fictitious or fraudulent statement may be punishable by fine or imprisonment U.S Code Title 18 SectIon 1001 By Purchaser Signature Title Date Protected and Confidential Material 0101023 to be DiscloSed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PALOO3006 F
I.
2.
3.
4, 5.
r On Holtec_PAL-001973
APPENDIX Standard Remittance of Advice RA for Payment of Fees Assigned ThreeMonth Period Covered fran _____
to ____
Purchaser Utility name and address Contract Nuner ________________________________________
II Payment for Spent Nuclear Fuel Flnancial Obligation as of April 1983 ________________
Financial Obligation as of Data of First/Single Payment Data of First/Single Payment Unpaid Balance to Date Date of This Payment Ten Year Treasury Note Rate III Payment for N/KWH Fee S_________
Total Nuclear KWH Generated During Assigned Three Month Period Covered Date of This Payment N/KWH Fee Schedule Rate 01010234 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims KRGPA Protective Order u.JU G
l Le A.
B.
7, B.
C.
D.
E.
F.
A.
B.
C.
FS Holtec_PAL-001974
IV Underpaymnetas notified by DOE Date of Notification DOE Invoice Number ____________________________________________
Interest Paid Late Payments as notified by DOE Date of Notification DOE Invoice Number ____________________________________________
Interest Paid VI Other Credits Claimed Explain VII Total Remittance Prepared by Title Phone Number Date Any false fictitious or fraudul ent statement may be punishable by fine or impr1sorment U.S Code Title 18 Section 1001 By Purchaser Signature Ttie Date FOR DOE USE ONLY BELOW THIS lltE Deposit to Account 895227 Receipt of Payment Verification Date Payment Recelved_
Verification Perfornied by ______________________________________
n1n1fl2V Protected and Confidential Material to be Disclosed only in Accordance with U.S Curt of Federal Claims KRG-PALOO3008 5Z A.
B.
C.
Y.
A.
B.
C.
)
1.
2.
"a.
b.
Protective Order Holtec_PAL-001975
Pasted to Cumulative amitter Ledger Cate Posted b.Postedby _________________________________
Late Payments Calcuation of late charge attach schedue Billing data After processing RA furnish copy to OCWM Protected and Confidential Material 01010236 to be Disclosed Only in Accordance with U.S Court of Federal Claims protective Order KRGPALOO3009 EbE3 3.
a.
4.
a.
b.
5.
Holtec_PAL-001976
PISTRtJCTTONS FR C04PIITTNG OCLREMITTANCZ ADVIC Upon completion this form imist be mailed oi the last workday of the month following each assigned threemonth period SCTIUN Name Address self explanatory Contract Number will be the identification number assigned by DOE upon execution SCTIONJI Based upon permanently discharged inventory of spent fuel and HLi amassed prior to April 1983 and that portion of the incore fuel burned through April 1983 Under either payment option or interest will accrue and be compounded at 13week Treasury bill rates until the first/single pay nient is made tf the 10 year option is selected purchasers financial obligation will be paid in level payment of principal and interest over the first payment Payments will be made In quarterly installments con currently with the normal three month assigned period If option is selected purchaser will liquidate its total financial obligation consist ing of the fee plus accrued interest in the form of single payment If option is selected no Interest will accrue and lines and only must be filled out This section of the Renittance Advice should be completed foi each payment under the 10 year option and only once with either single payment option See Annex to be completed only once Sel explanatory Fee obligation plus accrued interest Self explanatory ci Self explanatory Ten year Treasury Note rata in effect at first/single payment KRG-PALOO3O1O
%nount paid Protected and Confidential Material 01010237 to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order 7,
6, 1
2, 2
a 3
A E
B, a.
be.
ce.
f.
4 Holtec_PAL-001977
SECTION III Sased upon electricity generated on or after April 1983 schedule should be attached specifying the gross power generated by each plant during the assigned threemonth period as measured at the output ter nrinals of thturbinegenerator See Annex to be completed with each submission of the remittance advice Total of power generation frcm attached schedul es Self explanatory Fee schedule rate tn effect time of painent SECTIONS IV Same instructions as above DOE will Invoice purchasers when underpayments or late payments occur reference particular payment and state the reason for the Invoice The date the purchaser received DOE Invoice DOEs fvoice Interest paid Consists of interest If late payment or fees plus interest If under payment SECTION VI Explain on an attached sheet of paper If necessary why DOE has been over paid and the proposed disposition of the payment e.g apply credit against this payment or send refund If applied against this payment this number is negative If refund desired leave blank and pay gross amount due from Sections II through SECTION VII The sum of Sections II through VI KRG-PALOO3O11 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order 7,
a A,
a.
b.
¢.
at A,
B.
C.
Y.
01010238 os SS Holtec_PAL-001978
APPENDIX Crtttnued Instruction guide for emittance of Nuclear Waste Disposal Fees to Deoartent of Energy VIa Wire Transfer Pavents made to the Cepartent of Energy DO for Nuclear Waste Disposal Fees will be affected by the Purchasers cmcjal Pank via the Federal Reserve Ccmmun.iaticns System also kcwn as Fedwtre to the Deoartmert of lreasury If the
.rhasers ecmtnezial bank is nat Federal Reserve member then th Pucasers bank will use correspondent meer bank to effect the transfer of funds Purrhser itsst provide specific infaiaticn to its bank so that the transfer of funds can take place Failure to correctly ovid the infcation could result in delay crediting of the reeittance to DOE and could subject the purchase to late cars wie trnsfe af funds message with dascriotions of specIfic date elenents is provided in Enclosure Enclosure contaIrs instructions and sample form of transfer of funds that shows tte soecifi information be supplied by the Purchaser when reiuesting its commcrcial snk to ritiate transfer of funds KRG-PALOO3O12 Protected and Confidential Material to be Disclosed only in Accordance 01010239 with U.S Court of Federal Claims Protective Order 1L "G"
a a
4.
a a
to a
bo Holtec_PAL-001979
Wn1csu sPows transfe of funds message fci that may be tnco1ec4 used eah Urn transfer of funds must te made Ccnstart nfcrmaticn has been einted on the for n1y that infoaticn epUcab1e to that partioula cnth1y remittance i.e amount date orn n3oe must be f1fle in rior to submitting the form to you bank If editiona1infrmatt n is required contact DOE recrsentatives P4arkL000 or oe Startari on O1 3499 or 01010240 Protected and Confidential Material to be Disclosed Only in Accordance with U.S Court of Federal Claims Protective Order KRGPALOO3O13
7
\\
C a
end a
7 Holtec_PAL-001980
Enclosure GUide for Funds Transfer t4essaes th Treasury The fcllawtng instructions provide specific informatLcn which Ls reaured ttlata funfis wire transfer message can be transritte to the Deetment of the Treasury The funds transfer essa e format is shown in Exhibit narrative desctic each Ltm on the funds transfer message fUows Lne1 Item riarity ode The priority code will be provided by the sending bank Note Same Pederai Reserve distct banks may not reture this item Lie Item Treasury fl..artaient oe The nine.-digit identifier 2l030O04 is the routing symhol of the Treasury Thie item is constant and recuired for all funds transfer Messages sent to Treasury
-Item Tve Code The type code 10 identifLes funds tansfe essaes This item is constant and is requIred for all funds transfer messages sent to Treasury 01010241 protected and Confidential Material to be Disclosed only in Accordance with U.S Curtof Federal Claims KRG-PAL003014 A
se l
1.
4 of 1
8 is 3
=
=
a Protective Order 4
Holtec_PAL-001981
Ure3 Item SedLnc Penk Code This irediit identifier will be provided by the sending bank 7te 1ass The class field may be used at the option the sending bank Note Same rederal Reserve Districts aPtiit this class/fe1d Ite Reference Number The eerence nuine will be erted by the sending bank to identify the transaction Item 4rnoq4 The amount must include the dclla sign inc the aooroariete unctution ineludng cents digts This item will be provided by the purchaser Llne4 Item jn nk Ilame The teleg.aphic abbreviation which carresconds to item wLll be provided by the sending bank Une Itei Treasury feaartoent Name TPis item is of eitical LmCtance It must appear on the funds transfer message in the arecise anner stated to allow for the automated orccessig and classifcatian of funds transfer message to resury for redit to the Department of Energy This tten is comnrised of rigidly foretted nanvaria41e 2q ceracters as follows IRES NVCtC9OOOOO ODE P4F o1fl1fl Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PALOO3O15 4
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+
=
of use.af
=
=
7
=
8
=
4 9
=
3s the a
sequence of l
Holtec_PAL-001982
4r 02103CC04J 19/f dj 021000021 13004t
$1305500.00
_i dSa4 T$
cist uc NTC/8000Q3 D.Nh1 30/AS PURciASR Protected and Confidential Material 01010243 to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order G-PALO 03016 "os e
oy EXHIBIT 1.
@)
re f
¢eon ace Pasa 3
(3)
ORG BATA a
s G)tazas D0E-NUCLEAR WASTE FEE Holtec_PAL-001983
Un snd Pavent Ic.ntie2tin The ayment erttifi2ticn shcul bf funLstei by th rnitte in the fc11wing anne Item Th nstant OE MUCA$1 FE 111 be inserted Item 11 The north an year the fees ee Lrcursd i.e Msy ol1wed slash rte 12 eernany name is insete fllcwin the slash 01010244 protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PALOO3O17 RAT 19 9M) a
(/).
Fol Holtec_PAL-001984
Se U4Z 1.0SJRZ CL.TZ 02C300041 ioj
.i S3CEOO.00 IJ NI %ee4 AS rrC/29000003 0.NwP DOE NUC.LAR WAit OfA3C PuRc4AsZ The above exampe is clTTetd transfer of funds message for etailing thase itar thru filled in by the remitting cany Item DESCIPTICN ount.uuzt be properly punctuated include cents digits Oats nth and year followed by slash/
Cany ai Protected and Confidential Material to be Disclosed Only in Accordance With U.S Court of Federal Claims Protective Order KRG-PALOO3O18 ow TRAISPER OF FUNDS FORM 3
ENPLE) vo 7S Jaou aes at
{
ganene 8{atts bata FEE
=
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@ascce bs as a
(A C)
A ts 3
=
a ares 01010245 8
Holtec_PAL-001985
.5
.5 TPAN7fl un3 z.z Nc11 O21O3O04j 10 aa1 $4 Sata TREAS rfcfssoCo3 VOE14WT DOE Protected and Confidential Material 01010246 to be Disclosed only in Accordance with U.S Court of Federal Claims ProtectiveOrder KRG-PAL003019 e
- ge OF FORM Ts wes
¢ ag?
3 aaeuat 228 Holtec_PAL-001986
Annex to Appendix STANDARD REMITTANCE OF ADVICE RA FOR PAYMENT OF FEES This Annex should be completed to compute the MKWH fee for SNF burned on or after April 1983 Identification Purchaser PerIod Covered Last This Next report report recort date submitted period covered Start cate Finish date____________
length of period covered daysj Unit identification Only one unit nay be covered in each report Reactor/Facility Name __________________________________
t.ocation Type Capacity Date of Coimer.cent of Operations NRC License No II Fee Calculation Prior This Period Period Gross Thermal Energy produced MWH Gross Electrical Energy produced MWH Gross Thermal Energy not used to generate electrical output MWH Gross electrical equivalent of thermal electricity MWH Net electrical energy produced MWH Electricity consumed/lost on site MWH Current fee rate ______________
mill/kWh Current fee due Prepared by Phone number__________________________________
Date 01010247 protected and Confidential Material to be Disclosed only in Accordance with u.s Court of Federal Claims protective Order KRG-PALOO3O2O
¢ A
G
7, I.
A.
B.
1.
2.
3.
C.
1.
2.
3.
4.
5.
}
6.
1.
2.
3.
4.
5.
6.
7.
8.
i i
E¢p4 Holtec_PAL-001987
Annex to Appendix STANDARD WIITTANCE CF ADVICE RA FOR PAYMENT OF FEES This Annex should be completed only for SNF burned before midnight between April 6/7 1983 Identification Purchaser Unit identification Only one unit may be covered in each report Reactor/Facility Name __________________________________
Location Type CapacIty Date of Cauunencetuenc of Operations NRC License No _______________________________________
II Fee Calculation Discharged nuclear fuel burnup1 MWOT/MTU 5000 10000 20000 50CC 10000 2000Q up initial loading KgU with indicated burnup fee rate
$/KgU 80.00 142.00 162.00 184.00 fee total fee 01010248 Protected and Confidential Material tobe Disclosed Only in Accordance with U.S Court of Federal CIa Protectie Order Ims B
G I.
A.
B.
le 2.
3.
4.
5.
A.
1.
3.
4.
5.
($)
(4)
KRG-PAL003021 FS Holtec_PAL-001988
clear fuel in the reactor core as of idnight of 617 Ari1 1983 seb1y nitiai burntp1 as of Identification 1ding midnight ZgtS 6/7 April 1983 fee
.MwCT/MU 10 11 12 13 14 15 16 12 13 14 13 16 17 18 19 20 21 22 23 24.
25 Total fee lease prcide as an attac1ent clear reference to the methodo2.c y tised to derive the burup figaxas coter codes etc and clear reference to aU data used in the derivation of those figures 01010249 Protected and Confidential Material to be Disclosed only in Accordance with U.S Court of Federal Claims Protective Order KRG-PAL003022 B.
a at Holtec_PAL-001989