Free Supplemental Brief - District Court of Federal Claims - federal

Case 1:01-cv-00115-SGB

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SUPPLEMENTAL APPENDIX

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CONF-831217

Proceedings the 1983 Civilian of Radioactive Waste Management information Meeting
December 12-15, 1983 Washington,D.C.

February

1984

Sponsoredby: U.S. Department of Energy Office of Civilian Radioactive WasteManagement Washington,D.C. 20585

EXHIBIT

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I i DEFENDANT'S

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Document 164-4 FOREWORD

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On January 7, 1983, PresidentReagansigned into the law the Ruclear Waste Policy Act of 198D. This act established process whereby the President, a the Congress,the affectedindividual States and Indian tribes, the U.S. Department Energyand other Federal agenciescould work togetherin the siting, of construction, and operationof facilities for bhe storage and disposalof nuclear waste. This proceedings documentfrom the Ig83 CivilianRadioactive Waste Management Information Meetingserves to highlightdevelopments since the passage of the Act, and reviews programactivitiesnecessaryto provide for the permanentdisposaland storage of commercially generatedhigh-levelradioactive waste. Presentations includedin this program cover topics concerning interim spent fuel, monitoredretrievable storage,geologicrepository deployment well as management the Nuclear Waste Fund. as of

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NUCLEAR WASTE FUND MN~AGEMENT Loring Mills,Vice President Nuclear Activities, EdisonElectricInstitute

We recognizethat a key tbat unlockedthe Congressional log-jamto achievethe waste bill was the establishment contracts, of and Bob suggestedthat I might spend my time talkinga little about the contracts,i have crossed out a lot of the words that I had preparedbecause othershave already touchedon thegn.It does providethat mechanisln for fundinga program without using general tax dollars. As indicated, we have 70 contractsin existence.The process of developing that contractlanguagelast spring was a ratherinteresting one in which a lot of us had som~ dialogue.Four-letterwords were exchanged,also. The Departmentof Energy, (DOE) did considerthe contractconcernsof utilities and others,consequently substantial improvements were made over the initialdraft as a resultof the rule-making process,but there are still s~ne open questions. Basicallythese contractsdo call for regular large paymentsto DOE; and as was indicated, these moniesare flowing at a rate of over $300 million a year. Those of us in the investor-owned utilitiessupportthe conceptof cost-workin progress.There are others that don't alwaysdo that, but we do support that, and encourageit to he used in our own area, too. The money will continueto flow as long as electricity generatedby nuclear power is plants. While Congress did set the initial rate at I mii per kilowatthour, it also gave DOE the permission change that fee to make sure they to covered the full cost of the program. In additionto money, we are providinga great deal of infon~ation the spent fuel quantityand on characteristics. In return for the money withinthe contracts, DOE has promisedthat it will take the nuclear waste some unspecified day, at some unspecified rate, hopefully,starting in Ig98. The DOE promise must be carriedout, and it is our task as contractholders to do everything can to we assurethat it is achieved. Now, there are some folks who are concernedabout how rapidly the money fiows out. There are those in the Federal Government; won't name any place I llke ONB or any oth~r,who may try to balance the

budget by minimizing the amountof outflow of the money, and we must resist that. Congress recognized that you will not alwayshave a balanced cash flow in any one year. They provideda mechanismso that was~'tnecessary. While the program must be funded sufficiently to assurefull cost recovery,it does not require that balancedcash flow in any one year. There are so~e who are concernedabout the equity associatedin the contracts, but we are pleased to have them. They provide the lubrication to get the job done. We really Here never under illusionthat we would get a Fair and equitable contractwith DOE, with firm con~itments and detai}edperformance standards, with penalties for non-performance. were not really looking We expressedby the utilitiesthat were not resolved,as we believe equitablyduring the fully expectto see a petitioninitiatedFor rule-making achievea more reasonable to questionis not involved.It is a matter(}f some the thingswe heard this morning which were not embodiedin the contract, While no petitionhas been initiatedyet, the utility industryhas identified several elements that appear to be worthy of such a position,and it can be done by anyone at any time. In all probabl]ity will be revisitedseveral times it over the many decades that these contractsare in force. After all, these contractsare expected to be paying in as long as any utility is generating nuclear electricity, and that, we hope, is for several decades,l~hen the contracts have been signed,one could questionabout deliverables cemparedto the time in which the contractmight challenge~hether t~e equity principleis satisfiedor whether the contracts really bind only one party; the utilities.That won't be resolved,but it is a question. While the contractas it exists, a few utilitiesand an owner of spent fuel, have initiatedlawsuits againstDOE on specificprovlsions the of

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"YA;NKEEATOMICELECTRICCOMPANY
580 Main Street,

Telephone (508) 779-67~ TvVX 710-380-7619

Bolton, Massachusetts 01740-1398

September 25, 1992 ~MD 92-621

U.S. Department of Energy DOE Contracting Officer Office of Placement and Administration PR-322.1 I000 Independence Avenue, S.W. Washington, DC 20585 Dear Sir or Madam:

Enclosed are completed Delivery Commitment Schedules for Yankee Atomic Electric Company. Please note that because the Yankee Nuclear Fo~er Station is permanently shutdown and to facilitate decommissioning, we are requesting that DOE accept all of the spent nuclear fuel. in storage at the station over a three year period starting in 1998 as indicated on the DCSs. Please do not hesitate to call if you have Sincerely, any questions.

R. M. Grube, Director Fuel Management Department

Enclosure c: U.S. Depar~ment of Energ~ Chief, Logistics and Utility Interface Branch office of civilian Radioactive Waste Management RW-432 1000 Independence Avenue, S.W. Washington, DC 20585

DEFENDANT'S

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YDKO08922

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bc:

A. J. A. R. F.

C. M. A. A. X.

Kzdak Buchheit H. Koch Mellor Quinn

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Expires: 11/30/93

U.S. DEPARTMENT OF ENERGY APPENDIX DELIVERY CCOMMITMENT SCHEDULE
and rnalnt~nlng dateneeded, completing m~tevAng ~e ~d ¢~d ~ecollection ~ formation. common~ ~1~ of Band regm~lng ~rd~n e=tlr~to anyo~hot or =poet

1.0 IDENTIFICATION INFORMATION 1.1 DCS Identification Number: 985601442801 1,2 ContactPerson: (a) Name: ~l. 5-~ct~e~.t o. (b) Telephone (include Area Code): 1.3 ContractNumber: 2.0 DELIVERYCOMMITMENT INFORMATION TypeCask Required (Maximum loadedlifting weight, In tons): Shipping Lot Number: (Not ReauIr~l~tAsslened bv DOE~ PmposedShippingMode: Track ~ ¯ Rail - Barge~ Proposed DeliveryDate: DOE Assigned Delivery Commitment Date: (Not Re~ulred~ (Assignedby DOE) 10 t el Range Discharge of Dates: 2 12 72 (Eadiest Latest) to Mo/Day/Yr to Mo/Day/¥r 2.7 MetdcTonsUranium: (Initial) 34,°8 (Discharged) ~NotReeulred~ 2.8 NumberofAssemblies: BWR PWR 135 Other 3.0 CERTIFICATIONS 2.1 2,2 2.3 2.4 2.5 2.6 Information: 1.4 Reactor/Facility (a) Name: "Z'ar~eet~=oZea~: ~'ow~.vstat:l.o~ (b) Address:st.~c ~oute (o) City, State& Zip Code:
Ror~,~e, t~A 01367

the I~al rtght to d~lver su~.app~t nucle~~ol to gO~

3.2

R'~lo~.[:~ ~, a,~tbe
Type Print) or

3.3 11tie (Please or Print) Type

4.0 NOTIFICATION DO/= -APPROVAL OF 4.1 Approved DOE by
Tedn nlcal Representative 13~e Date

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OMB 1got*0260 No.i E~plres: 11t30t93.

DISAPPROV~D D0Z Oec~.mber lg92 BY I, U.S. DEPABT~ENT OF I=NEBGY APPENDIX DELIVERY CCOMMITMENT SCHEDULE

1.0 IDENTIFICATION INFORMATION 1.1 DCS Identification Number:. 99560144280'1 1.2 ContactPerson: (a) Name: 'Y" ~'' s~c.h.hel~ (b) Telephone (include Code):506-779-67 Area 1.3 Contract Number:. D/~-CKQ 1-83N1~,4442~ 2.0 DELIVERYCOMMITMENT INFORMATION Type Cask Required (Maximum loadedlifting weight, in tons): ShippingLot Number: INot Reou~red'l(Asslonedbv DOE~ ProposedShipping Mode:Truck._~_._; Rail - Barge._.~ Proposed DeliveryDate: DOE Assigned Delivery Commitment Date: (Not Reauired) (Assianedbv DOE) to Range Discharge of Dates: 2 12 72 (Eadiest Latest) to Mo/Day/Yr to Mo/Day/Yr (Discharged) 2.7 MetdcTonsUranium: (Initial). 45°1 (Not Reaulred} 2.8 Number Assemblies: of BWR__ PWR 194 Other __ 2.1 22 2.3 2.4 2.5 2.6 3,0 CERTIFICATIONS
Puroh~er hereby ~Hlfle= that the =p~nt nuclear fuel to ~ deg~md pur~=nt to ~t~ gellve W ~mmIImont ~hodula Is of domeatlo origin,

Information: 1.4 Reactor/Facility (a) Name: ',z~.,'~e=t~o.lea~" (b)Address: Route s~== (c) City, State& Zip Code:
RO~O~ ~l~ 01367

3.1

N=~rne (Please "l~pe or Pdnt)

TR~e (Please Typeor Print)

TITLE18 USO 1(301 maP.as a crime for ~y peman knowingly and wlllte@ maketo any agency the United States any fzdse, flc~t~ous, or it ta of fraudulents~rnentsto anymatter within Itsjurisdiction. as

4.0 NOTIFICATION DOE'APPROVAL OF 4.1 Approved DOE by
TechnicalFlepresantal~ve T~tJe Date

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OMB No.: t90|-0260 Expires: 11/30/93

U.S.

DEPARTMENT OF ENERGY
DELWERYCOMM~ENTSCHEDULE ~nd mmmen= r~g ~ burden o¢~m~or a~ o~ =~

APPENDIX C -

I g~?~ng ~d m~ng ~o d~ no~, ~d ~pto~ ~d m~ng ~e milton of

1.0 IDENTIFICATION INFORMATION 1.1 D'CS identification Number: 005601d42801 1.4 Reactor/Facility Information: (a) Name:¥~m~ae ~;~zea~: (b) A~ress: s~ (c) C~y, State & ~p ~e:
Ro~e, ~ 01367

1.2 Contact Person: (a) Name:.:(. H. ~c~=.tt (b) Telephone (include AreaCede):.568-779-£~711 1.3 Contract Number:
D~-CRO !-83I,~44428

2.0 DELWERY COMMITMENT INFORMATION Type Cask Required (Maximum loaded lifting weight,in tons): Shipping Number:. Lot (Not Reouiredl fAsslaned by DOE) Proposed ShippingMede: Truck ~ _; Rail " Barge__ 2000 Proposed DeliveryDate: DOE Assigned Delivery Comm~tment Date: (NotReaulred) fAsslaq¢d by DOE) to 1 9; Range Discharge of Dates: 2 t2 72 (Earliest Latest) to Mo/ Day/ Yr to Mo/ Day/ Yr 2.7 MetdoTonsUranium: (Initial). 47.1 (Discharged) (NotReouire#) 2.8 NumberofAssemblies: BWR__ PWR 204 Other 3.0 CERTIFICATIONS
Purchaser herebycerUfle~tirol the spent nuole~rfuel to be delivered pu~uant ~ Dollvew~mmltment to S~odule of dome~o Is origin, h~ beendlsohar~ed~0ma elvlgon nuolesr powerreadier Is coveredby Pur~aeefa ~nt~ct (identified In Iters 1~ a~ve)and that puroh~er h~ tho/ega ¢ ght to deliver =~ spent nucle~ ~el to ~

2.1 2,2 2.3 2.4 2.5 2.6

T~Je {PleaseTypeor Pdnt) TITLE U$C makes a crimefor anyperson knowingly 18 1001 It to ~.'~d willfully make anyagency the United to of Statesanyraise, tlctJt[ous, or f~eudulent statsmen~to any as matter withinIts judsdlcl~on.

4.0 NOTIFICATION DOE"APPROVAL OF 4.1 Approvedby DOE
"l'e ~lnl~l Representa~ve Tibia Data

4.2
Contractfng Offcer Oats

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Department Energy of
Washington, 20585 DC

Contract i n f~e~r~Im~l)K. Adm Yankee Atomic Elect~ric~pany 590 Main Street Bolton,HA 01740-1398 Dear Mr. Buchheit: The Department Energy(DOE)has revlewed of the threeDelivery Commitment Schedules (DCS)submitted YankeeAtomicElectric by Company (YAEC), dated September 25, I992 (DCS numbers98-5601-4429-01, 99-5601-4428-01, and 00-560]-4428-01). have determined We that Item 2.7 (Metric Tons Uranium) each DCS was incorrectly completed. In accordance with the $~dBrdContractfor the Disoosalof Spent Nuclear ~u~l a~/or Hi.h-Level Waste{I0 CFR Part 961),an annualAcceptance Priority Ranking(APR) reportand an AnnualCapacity Report(ACR)are issued.The establishes orderin whichDOE allocates the projected spentnuclear fuel (SNF) acceptance capacity. required the Standard As by Contract, the priority rankingis basedon the date the SNF was permanently discharged, with the ownersof the oldestSNF, on an industry-wlde basis,giventhe highest priorlty. The APR Is the basisfor aIIocatlng SNF acceptance capacity each to ownerin the AER. The ACR applies ten-year a projected wasteacceptance rate to the APR, resulting individual in capacity allocations projected of acceptance capacity (measured metrictons of uranium MTU)..The in allocations the ACR are the basisfor DCS submittals. In As statedin the DCS Instructions Item 2.7, "...the for totalquantity SNF of designated for delivery must not exceedthe allocation the ACR; exceeding in ~ the allocation wil3 resultin disapproval the bCS(s). Basedon the of December 1991 AnnualCapacity Report(ACR),.YAE exceeded its allocations for C eachDCS. DCS Humber 98-5601-4428-01 99-5601-4~2B-01 00-5601-4428-01 Year 1998 1999 2000 Allocation ACR in 9.84 MTU 10.09 MTU 9.65 MTU Item 2.7 of OCS 47.1MTU 45.1HTU 47.1MTU

Note that once Item 2.7 is revised, Item 2.8 will require revision well. as As a r6sultof'these errors,DC$ numbers 9~-5601-4428~01, 99-5601-4428-01, and 00-5601-4429-01 have'been disapproved..Consistent ArticleV.B.l.of wlth the Standard Contrac~ for OIBposel Sben$_.Nuclear of Fuel'end/or Hioh-tevel-Radioactive Waste,I am requesting that you submitrevised DCSs to correct theseerrorswithin30 days of receiptof this notification. assistyou in To revising theseDCSs,a copy of the "Instructions Completing Appendix for the C Delivery Commitment Schedule" is enclosed as are additional forms. OCS

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Should you have any questions concerning this actton, p]ease contact Nick Grahamof my staff on (202)634-4415 or Nancy Montgomery of the Department's Office of Civilian Radioactive Waste Managementon (202) ~86-8320. ~ ~(~~nd~Strand Contracting Officer Office of Placement and Administration Enclosures cc: R. M. Grube

YDK021598

Case 1:01-cv-00115-SGB

Document 164-4
MEMORANDUM YANKEE ATOMIC -

Filed 02/01/2005

Page 12 of 15

BOLTON

To

R. M. Grube J, M. Buchheit YANICEE SCHEDULES DELIVERY (DCS) COM~IT~

~ , September 25 r 1992 Group # F~TD 92-6~6

L]t,~J Fde#

Y-L03-04-O~

SUMMArY/RECOMMENDATION The Standard Contract for spent fuel disposal requires Yankee to submit a Delivery Commitment Schedule (DOS) to DOE for at least the first year of operation of DOE's Waste Manaqement System (WMS), currently considered by DOE to be 1998, by September 1992. DOE's instructions for DCS submittal specify that the quantity which DOE will accept must not exceed allocations specified in the December 1991 Annual Capacity Report (ACR). Along with year one, DCSs can also be submitted for any of succeeding year's allocations listed in the ACR. We recommend that Y~u%kee deviate from DOE's instructions to comply with ACR allocations and request that DOE accept all of Yankee's spent fuel in the first three years of WMS operation. DISCUSSION The Standard Contract for Disposal of Spent Nuclear Fuel/High Level Radioactive Waste requires that purchasers who have allocations for spent fuel disposal in the 1991 ACR in the first year of WMS operation, currently considered by DOE to be 1998, must submit a DCS for this allocation to DOE by no later than September 30, 1992. Failure to do so will result in Yankee loosing its place in the queue; i.e. Yankee would have no allocation riqhts in year one. ~ copy of the DOS form is .~ttached. A ptLrohaser,s allocation is based on the 1991 Acceptance Priority Ranking which is a listing of all domestic spent fuel discharged through December 1990 in chronological order, with oldest fuel first. Although a purchaser is only required to submit a DCS if it has an allocation in the first year, DOE does~not prohibit submittals for any of the purchas~r,s allocations during the i0 years of WMS operation show~ in the ACR. In fact, DOE requests that each purchaser submit DCSs for as many allocations as possible to assist them in the planning of the WMS. I have attached the schedule from the ACR showing Yankee's projected delivery allocation during the initial 10 years of WMS operation. It shows that DOE will accept a total of 56.1 MTU of spent fuel during the period. Deliveries are scheduled in years one through four and six and eight. This quantity is less than half the fuel in the pool. Although, instructions for completing

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R. M. Grubs September 25, 1992 Page 2 the DCSS say DOE will reject those which do not correspond with the allocations show~ in the 1991 ACE, it is recommended that we deviate from DOE's instructions and request DOE accept all of lq~s spent fuel during the first three years of WMS operation. In doing this we will not jeopardize our right to an allocation in the initial year of WMS operation. However, DOE has the right to reject our request and if rejected will require us to submit revised DCSs. Further, if DOE does not accept the revised DCSs, we are required to negotiate an acceptable schedule with DOE. Acceptance of all Y~PS spent fuel within three years of WMS startup is consistent with Yankee's desire to remove spent fuel from the site as soon as possible to permit orderly decommissioning. It should also be logistically possible to remove all of the spen~ fuel over a three year period with the proper compliment of multi-element truck casks. More significantly, our request to deliver all Y~PS spent fuel on an accelerated schedule will highlight the importance to us for timely acceptance and removal of spent fuel from YAWPS. Hopefully, our request will have positive effects especially for those reactors which are decom~iss ~oned or are currently contemplating decommissioning; i.e. that it will play a role in convincing DOE to either give priority to permanently shutdown reactors or perhaps increase acceptance rates as a means of assuring timely decommissioning.

A. C. Kadak A..A.H. Koch F..X. Quir%n R. A. Mellor

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OMB No.: 19Ol-O26O

U.S. DEPARTMENT OF ENERGY APPENDIX DELIVERY CCOMMITMENT SCHEDULE
gathering malntzJning needed completing ravlewthg c~ll~c~anInforrna~n, co~nrn,an~ _~n=g. burde,est~ ~ ,a..cy e~".~spact and thed~J~ ~nd eJld ~hB ot Sand r_e~m~i. ~ls, n .mate .o.~

1.0 iDENTIFICATIONINFORMATION 1.1 DCS Identification Number: 1.2 ContactPerson: (a) Name:
(b) Telephone (include Area Code):.

Information: 1.4 ReactodFacility (a) Name: (b) Address: (c) City, State& Zip Code:

1.3 Contract Number: 2.0 DELIVERY COMMITMENT INFORMATION Type Cask Required (Maximum loadedlifting weight, in tons): Shipping Lot Number: (No~; Required) {Assionedbv DOE) ; Barge___ Proposed ShippingMode: Truck__..~; Rail Proposed Delivery Date: DOE Assigned Delivery Commitment Date: ~Not Requir~d) (As~iqnedby DOE) Range Discharge of Dates: Me/ Day/ Yr to Me/ Day/ Yr (Earliestto Latest) (Discharged) {Not Required) 2.7 Metric TonsUranium: (initial). 2.8 Number Assemblies: of BWR PWR__ Other__ 3.0 CERTIFICATIONS
Purcheser herebycodifies that the spent nuclear fuel to be delivered pursuantto this Delivery Commgment Schedule of domestic Is origin, has beendlschsrgedfrom ~ civilian nuclear powerresctor, Is covetedby Purchaser'sContract (identified In Item 1.3 above)zmd that purchaser the legal right to deliver suchspentnuclearluel to DOE. has

2.1 2.2 2.3 2.4 2.5 2.6

3.1
" AuthorizedPurchaser Signature Date

3.2
Name (Please Typeor Print)

3.3
T~tle (PleaseType Print) or

TITLE USC 18 1001 makes a crimefor a~ypemon knowingly willfully make Shyagency the UnitedStatesany raise, flclJl~ous, or it to and to of #audu[ent statements to anymatter as withinits jurisdiclJon.

4,0 NOTIFICATION OF DOE APPROVAL 4.1 Approvedby DOE
TechnicalRep~esenta~ve 4.2 ConttanlJng Officer Date Ti'~e Date

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Yankee Annual Allocation Fo~ Delivery to DOE From the 1991 Annual CaDacitv ReDort

Year 1 2 3 4 5 6 7 8 9 i0 Total MTU

MTU 9.8 i0.i 9.7 8.6 9.4 8.5 56. l

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