Free Response to Motion - District Court of Federal Claims - federal

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APPENDIX

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INDEX TO THE ~PENDIX Document Pa_gg~

Letter fiom M. Detmer, Contracting Officer, to RonaldG. Cocherell, Southern Nuclear Operating Company, dated March4, 1992, attaching Instructions for Completingthe AppendixC Delivery Commitment Schedule .................................................. 1 Excerpt of Trial Testimonyof Cl~stopher Kouts in YankeeAtomicElectric Co. v. United State~s, No. 98-126C, August 2, 2004 ..............................................

10

Excerpt of Civilian Radioactive Waste Management System Requirements Document,Rev. 05, January 1999 ................................................................ 15 Excerpt ofH.R. Rep. No. 108-212, "Energy and Water Development Appropriations Bill, 2004," July 16, 2003 ................................................................ 18 Order, Te~messee Valley Authority v. United States, No. 01-249C, August12, 2004 ........ 20

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Departmentof Energy
Washington, DC 20585

Mr. Ronald Cocherell G. Southern Nuclear Operating Company P.O.Box 1295 Birmingham, 35201 AL DearMr. Cocherell: The StandardContractfor ~ispo~alof Spent N~clearFuel and/orHioh-Level Radioactive Waste(i0 CFR Part g61) provides that,beginning January 1992, I, Purchasers shall submit to the Department Energy (Department) of Delivery Commitment Schedules (DCS). The DCS provides Purchaser the with the opportunity to inform the Department plansregarding allocation projected of its of Federal waste acceptance capacity.This information will assist the Department in meeting its contractual wasteacceptance responsibilities in the development and of the Federal wastemanagement system (FWMS). The allocations the 1991 AnnualCapacity in Report(ACR)shouldbe the basis for the DCS submittals. allocationis a specifiedacceptance An capacity (measured metrictons of uranium) a particular in in year for an individual Purchaser. 1991 Acceptance The Priority Ranking has beenused as the basisfor the allocation wasteacceptance of capacity specific to Purchasers the 1991 in ACR.Thesereports have been recently issued the Department sentto all by and Purchasers. a Purchaser an allocation, equivalent Once has any quantity spent of nuclear fuel (SNF)ownedby the Purchaser be designated delivery can for within the limits that allocation. Purchaser submit of A may DCSsfor as manyof their allocations theychoose, as throughout 10 yearperiod the identified the ACR. in The Department requests thatthe Purchasers submit DCSs for as manyallocations as possible assistin the Department's to planning the FWMS.The enclosed of DCS instructions intended assistthe Purchaser completing DCS. are to in the The Standard Contract provides thatPurchasers shallsubmit DCSsto DOE at least 63 months priorto delivery. Department The recognizes thatboththe Purchaser's and Department's ability committo a specific to delivery date over 63 months in the future limited. is Therefore, Department the suggests thatthe Purchasers designate onlythe yearof delivery the DCS.The actual on dateof delivery will be proposed the Purchasers theirFinalDelivery by in Schedule submittal. Two entries were addedto the OCS form,identification numberand contact person, to allow the Department communicate to more effectively with the Purchaser concerning theirDCS submittal. Aftera DCS hasbeenapproved, Purchasers either m~y use theDCS as the reference document for submittal the FinalDelivery of Schedule, whichis required 12 monthspriorto delivery, use the DCS asthebasisfor exchanges or with other Purchasers. Specific guidelines submission exchange for of requests are under development, willnot havean impact thesubmission DCSsfor approval. but on of

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Th~ enclosed formwill be submitted t'he Office Management Budget DCS to of and (OMB)for approval shortly. The Department willtransmit the Purchasers to the OMB approved formas soon as possible. DCS If you have any questions concerning theseinstructions, pleasecontact Nick Grahamof my staff on (202)586-9634 Alan Brownstein the Department's or of Office'of Civilian Radioactive WasteManagement (202)586-4973. on

M, Detmer Contracting ~)fficer Office Placement of and Administration Enclosure

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U. S. DEPARTNENTENERGY OF INSTRUCTIONS COHPLETING APPElg)]XC DELIVERY FOR THE COHHITNENT SCHEDULE GENERAL INSTRUCTIONS PURPOSEAND OF DATA USE The Standard Contract for Pispos~lof $oent Nuclear Fuel and/or HiahLevel Radioactive Waste (lO CFRPart 961) states that, beginning January ], ]992, Purchasers may begin submitting to the Department of Energy (DOE) De]ivery Commitment Schedules (DCS) that identify all spent nuclear fuel (SNF) the Purchasers plan to deliver to DOE beginning months thereafter. The DCSprovides the Purchasers with the opportunity to inform DOE thetr plans for utilizing of their allocations of projected Federal waste management system (FWHS) acceptance capacity. This information will assist DOEin meeting its contractual waste acceptance responsibilities and in developing the FWHS. WHO SHOULD SUBNIT The DCSshould be submitted by all Purchasers with allocations in the ]991 Annual Capacity Report (ACR) (or subsequent ACRs,as appropriate) as specified in Article V.B. of the Standard Contract for Disposal of Spent Nuclear Fuel and/or Hiuh-Leve] Radioactive Waste. WHEN SUBHIT TO Beginning January 1, 1992, Purchasers shall submit DCSsat least 63 months prior to requested delivery. At this time, DOEsuggests that the Purchasers designate only the appropriate delivery year (calendar year), recognizing that both the Purchaser's and the Department's ability to commit to a specific date over 63 months in the future is limited. For each allocation ]tsted in the 1991ACR (or subsequent ACRs, as appropriate), a Purchaser must submit at least one DCS for that allocation least63 monthspriorto the date that the allocation at occurs (e.g.,if a Purchaser has an allocation 199B,a DCS must be in submitted that allocation September 1992). for by 30, WHERE SUBNIT TO Purchasers shall forward the completed DCS and one copy to: U.S. Department Energy of DOE Contracting Officer Office Placement Administration of and PR-322.1 1000 Independence Avenue, S.W. Washington, 205B5 DC
CC."

U.S. Department Energy of Chief, Logistics Utility and Interface Branch Office Civilian of Radioactive WasteManagement RW-432 1000Independence Avenue, S.W.' Washington, 20585 DC

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AUTHORITY Data on the DCSare collected under the authority of the Nuclear Waste Policy Act of ]982, as amended,(42 U.S.C. 1010] et seq.) and Article V.B of the Standard Contract for Disoosal of Spent Nuclear Fuel and/or Hiqh ~evel Radioactive Waste. PROVISIONS REGARDING CONFIDENTIALITY INFORJ~T]ON OF Data being collected on the DCSare not considered to be confidential. BACKGROUND ]NFORHAT]ON The ]991 Acceptance Priority Ranking (APR) established the order (a) in which FWHS acceptance capacity is allocated in the 199] ACR. As required by the Standard Contract, the priority ranking is based on the date the SNFwas permanently discharged, with the owners of the o]dest SNF, on an industry-wide basis, given the highestpriority. The 1991ACRapplied ]0 year projected a waste acceptance rate to the 199] APR for planning purposes, resulting in individual Purchaser allocations. Purchasers' The allocations for each delivery year (for a ]0 year period) are presented the in 1991ACRand are the basisfor Purchasers submitting DCSs to DOE for approval. Due to the limited annualacceptance capacity of the FWMS,only DCSs submitted Purchasers by with an allocation in the delivery year will be considered approval for (e.g.,in order for a Purchaser have a DCS considered approval to for for delivery in lggB,the Purchaser must have an allocation 1998.) in

(b)

Once a Purchaser has an allocation, SNF ownedby the Purchaser any can be designated delivery for against that allocation. DCS The does not restrict the Purchaser deliver to the specified that SNF was the basisfor the allocation (see alsoItem 7.(h)). The annualacceptance ratesin the 19g! ACR provide an approximation the FWMS acceptance of capacity and are for planning purposes. The process described hereinassumes that the FWMS will be able to acceptthe Purchasers' beginning ]gg8 according SNF in to the acceptance rate reflected the ]ggl ACR. In the event in that such circumstances change, all DCSs previously approved by DOE may needto be reevaluated DOE and the Purchasers. by Over the I0 year periodfor whichthe 1991ACR allocated FWMS acceptance capacity, Purchasers qualify may for a specific number of allocations (from0 through IO). Beginning January in 1992, Purchasers submitDCSsfor any or all of theirallocations, may up through year 10. Earlysubmission DCSs will facilitate of the exchange approved of DCSs between Purchasers, allowed as by Article V.E. of the Standard Contract. The actualnumber DCSs submitted a Purchaser of by will vary according the numberof allocations to they havein the ACR and the numberof DCSs they chooseto submitfor each allocation. A DCS should submitted only one designated be for delivery site, only one fuel type (BWR,PWR, or Other)and only one delivery 2

(c)

(d)

(e)

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year. Therefore, if a Purchaser splits an allocation between two or more delivery sites or between fuel types, more than one DCS wt]l be required. There is no limit to the number of DCSsthat can be submitted for each allocation, as long as the total metric tons of uranium (MTU) requested does not exceed the Purchaser's totalMTU allocation that year. for {f) Unless specifically requested othe~ise, DOEwill evaluate all DCSs submitted against a stngle allocation period Independently. If a Purchaser prefers all DCSssubmitted against a stngle allocation year to be.considered as one package, this should be communicated to DOEat the time of submission. Whenevaluating the DCSs as a package, one DCS is disapproved if then all DCSs for that periodwill be disapproved returned the Purchaser and to for resubmittal. Waste acceptance capacity ellocated to Purchasers is expressed in tens of HTU. The HTUallocation does not necessarily limit the number of assemblies that can be delivered. The DCSis designed to cover a given quantity of SNFas measuredin HTU, not assemblies. DOErealizes that the number of assemblies associated with an allocation will vary according to the actual SNF designated for delivery. The appropriate entry for the blank on the UCSlabeled "Numberof Assemblies" is discussed in more detail below in the Specific Instructions For Completion of DCS.

(h)

Since the DCSdoes not require the identification of the specific fuel to be delivered, each DCS assumedto be for Standard Fuel, is Class S1 or Class $2, as defined in Appendix E of the Standard Contract. An approved DCSshould not be interpreted as a commitmentby DOEto accept other than standard fuel. The Contract makesspecific provisions for delivery of other than standard fuel. If a Purchaser intends to deliver other than standard fuel, the Purchaser must submit proposed handling/shipping procedures to DOE for evaluation and confirmation to the technical as feasibility accepting of the delivery the schedule the approved on in DCS. Submittal these of proposed handling/shipplng procedures not required is untilafter the DCS has been approved. the acceptance otherthan If of standard fuelcannotbe accommodated, Purchaser the option the has to deliver standard fuel on the schedule the approved in DCS or exchange the approved DCS withanother Purchaser, provided contractual timelimitations be met. can

DCS PROCESS Upon receiptby DOE, each DCS will be date stamped. DOE shallapprove or disapprove DCS within3 monthsof receipt. the Such approval will be confirmed signatures the DOE Contracting by of Officer and DOE Technical Representative the DCS returned the Purchaser. the DCS is on to If incomplete if the DCS doesnot reflect or delivery rightsavailable to the Purchaser, DCS willbe disapproved returned the the and to 3

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Purchaser. The Purchaser w~ll then have 30 days to resubmit the revised DCS. DOEshall approve or disapprove the revised DCSwithin 60 days of receipt. If the revised DC$is disapproved, DOEwill submit to the Purchaser reasons for such disapproval, and proposed alternative DC$(s) for their consideration. If this DOE-proposed alternative DC$is not acceptable to the Purchaser, both parties shall promptly seek to negotiate acceptable schedule(s). QUESTIONS THEDCS ON If you have any questions or require more tnfor~natton for completing the DOS,please contact Hr. Alan Brownste|n at (202) 586-4973, or Nr. Nick Grahamat (202) 586-9634. Please direct all correspondence to DOE Contracting Officer, Office of Placement and Adm]ntstrat]on, PR-322.1, 1000 IndependenceAvenue, S.W., Washington, D.C., 20585.

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SPECIFICINSTRUCTIONS COHPLETION DCS FOR OF The following are specific instructions completing DCS. Each for the indicated entryof the DCS shouldbe filledin with the information as described below.Requests for information whichhave been determined not to be currently neededby DOE have been prefilled with "Not Required" the in attached DCS. NUNBER:A ]2-dlgit uniqueidentification number 1.1 DCS IDENTIFICATION havingthe form YY-RRID-NNNN-SS, where YY - the last-two digits of the Proposed DeliveryYear RRID = RW-859 reactoridentification numberof the designated delivery site NNNN - the last four digitsof the contract numberassociated with the SNF beingdesignated delivery, for and - a two digitsequential code to uniquely identify the DCS SS withinthis Purchaser's annualallocation. As an example, suppose Electric PowerCompany (Contract Number DE-CRO]-B3NE12345) submitsa DCS to deliver SNF from'Unit (RW-85g I Number8801)in the year Iggg.Assumethat this is the thirdDCS that Electric PowerCompanyplansto submitunderthis allocation. The uniqueidentifier this DCS wouldbe gg-8801-2345-03. the for Type numberon the top right-hand cornerof the DCS. If the Purchaser elects not to insertan identifying number, one will be assigned DOE upon by receipt the DCS. of 1.2 CONTACTPERS0N:Enterthe name and telephone numberof the personthe Department shouldcontact thereare questions if concerning DCS. the CONTRACT NUMBER:Enterthe numberof the Contract underwhichthe disposal fees were paid for the SNF designated this DCS. For on Purchasers with multiple Contracts, entryrelates the Contract the to numberassociated with the SNF designated delivery for and may differ from the Contract numberof the SNF whichqualified Purchaser the for the allocation the Contract or numberassociated with the designated delivery site. 1.4 REACTOR/FACILITY INFORMATION: Enterthe name of the designated delivery site wherethe SNF will be delivered DOE. The facility to may differ from the facility that generated SNF that qualified the the Purchaser for the allocation. Enterthe streetaddress (not mailing address) the designated delivery site. TYPEOF CASK REQUIRED: Indicate (in tons) the maximum loaded cask lifting weight(weight the hook including on lifting equipment water and in the cask)that you intend use at the delivery to location indicated in Item 1.4. If you plan to upgrade the cask handling capacity this at facility priorto shipment, this upgrade shouldbe reflected the in maximum liftingweight.This information to be used by DOE for is

2.1

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planntng purposes and does not tmply any commitmentby DOEor the Purchaser. The identification of the specific cask will be determined during the Final Delivery Schedule (FDS) process. 2.2 SNIPPING LOT NUMBER: ('Not Required" has been entered.) A shipping lot is a specified quantity of SNFdesignated for delivery on a specific date. Since a DCSshould not identify a specific date for delivery, assignment of a shipping lot numberwould be premature at this time. PROPOSED SHIPPING NODE: Check the appropriate box for: (a) Truck, (b) Rail or (c) Barge, indicating your proposed shipping mode. Purchasers should indicate the modeof carriage that the cask identified in Item 2.1 will be delivered to DOEat the Purchaser's gate, f.o.b. carrier. An entry of "Truck" will indicate to DOEthat the Purchaser proposes to deliver the cask on a truck trailer, an entry of "Rail" will indicate delivery on a rail car, and an entry of "Barge" will indicate that the Purchaser proposes to deliver the cask to a barge. Selection of shipping modeis independent of cask type and only indicates the carrier mode. Final selection of.the shipping modewill be determined during the FDSprocess. If a Purchaser intends to upgrade a facility from truck to rail access, "Rail" should be indicated on the DCS. Similarly, if a facility has either rail or barge access but the Purchaser plans to deliver by truck, "Truck" should be indicated on the DCS. PROPOSED DELIVERY DATE:Enter the appropriate delivery date (year) for the SNFLo be delivered in accordance with your allocation (listed in the ACR). The actual date will be determined during the FDSprocess. DOEASSIGNED DELIVERY COHHITNENT DATE:This entry will DOE. be completed by

2.3

2.4

2.5 2.6

RANGE DISCHARGE OF DATES (Earliest to Latest): Enter the range discharge dates from which the SNFwill be selected for delivery. Purchasers are encouraged to be as specific as possible. For example, the Purchaser may know that there is certain SNFthat they prefer not to deliver under this DCS(e.g., SNFin dry storage) and exclude that SNF from the range of discharge dates. A Purchaser may include other than standard SNFin the range of discharge dates, although confirmation of the technical feasibility delivery the otherthan standard of of SNF on the agreed schedule to will be required priorto submittal an FDS. of Canistered nonfuelwasteshouldnot be included this entryat this in time, NETRIC TONS URANIUM OF (Initial): Enter the MTUfor this proposed delivery. If several DCSsare submitted for one allocation period, the total quantity of SNFdesignated for delivery must not exceed the allocation the ACR; exceeding in the allocation will result in disapproval the DCS(s). of (Discharged) "Not Required" has been entered. The Contract makes provisions allocation for only on the basisof Initial MTU content. 6

2.7

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2.8

NUMBER ASSEMBLIES--BNR/PNR/Other: OF Enter the number of SNFassemblies corresponding to the Hetrlc Tons Uranium indicated in Item 2.6 tn the appropriate blankfor BWR, PWR or Other(e.g.,HTGR,TRIGA). the SNF If in the designated rangeof discharge datesencompasses assemblies with a wide rangeof MTU/assembly, statethe maximum number assemblies of that may be delivered. Sincethe actualnumberof assemblies be delivered to may vary according the specific to SNF selected for delivery, adjustments the numberof assemblies te will be made duringthe FDS process. CERTIFICATIONS: individual duly authorized to bind the Purchaser An must sign the DCS, certifying that the Purchaser has the legalrightto deliversuch SNF to DOE. Insertthe appropriate slgnatory's titleand date. NOTIFICATION DOEAPPROVAL: signatures of DOE's Technical OF The Representative the Contracting and Officer will indicate that the DCS has been approved.

3.0

4.0

7

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BSA
( !I

Case 1:98-cv-00614-JFM Page 3378

YankeeAtomic Electric v U.S Nos.: 98-126C, 98-154C, 98-474C August 2, 2004

XMAX(Vi)

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IN THE UNITED STATES COURT FEDERAL OF CLA]HS

I) APPEARAUCES CONTIRUED: a) OH BEHALF W~IRE OF YN~REE ATOMIC POWER COIIPANY: JOSEPH FAY.ESQ D. GeneralCounsel 71 321 Old Ferry Road (207l 88g-5603 (I]) BEHALF THEDEFENDART: ON OF HAROLD LESTER. JR.,ESQ. (12)

) ! ]) YAUREE ATOHIC ELECTRIC ) CaseNos.: (~)COHPAHY. CORNECTICUT YARREE (a)ATOHIC POWER COMPNIY. WAIRE ) 98-126C and ) gB-]5~C (~)YARKEE ATOMIC POWER COMPARY, ) g8-474C (;) Plaintiffs. (~) V. ) ) ~ ~) THEUNITED STATES. Defendant. ) old) (1!) Courtroom Number 5 (12) National Courts Building 717Hadison Place. R.W, Washington,D,C. (1~) (aa} Honday, August 2004 B. VOLUHE 15

Theparties met.pursuant thenotice to of (zz) theJudge. 10:03 at BEFORE: HOUORABLE THE JAMES HEROW F.

Page 3379 (]) APPEARAUCES: ! i) OR BEHALF YAUKEE OF ATOMIC ELECTRIC OOMPAIIY. a) a) S) a) ~ al wasleft

Page 3381 P ROC E E D IIIGS HR. STDUCR: YourHonor, THE COURT:Yes HR.STOUCK: Good~orning. THE COURT: Goodmorning. MR. STOUCR: believe (~vetheCOUrt | I and sort of dangling on Thursday. And I would

=. COURT: fin, THE Oh.

So if ] could just address position our on

I0

Heritage Reporting Corporation

(202) 628-4888

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