Department of Energy
§ 961.11
Subpart B—Standard Contract for Disposal of Spent Nuclear Fuel and/or High-Level Radio- active Waste § 961.11 Text of the contract. The text of the standard contract for disposal of spent nuclear fuel and/or high/level radioactive waste follows: U.S. D EPARTMENT OF E NERGY C ONTRACT N O . ll Contract for Disposal of Spent Nuclear Fuel and/or High-Level Radioactive Waste THIS CONTRACT, entered into this lllllll day of llllll 19 ll , by and between the UNITED STATES OF AMERICA (hereinafter referred to as the ‘‘Government’’), represented by the UNITED STATES DEPARTMENT OF ENERGY (here- after referred to as ‘‘DOE’’) and llllll , (hereinafter referred to as the ‘‘Purchaser’’), a corporation organized and existing under the laws of the State of llllll [add as applicable: ‘‘acting on behalf of itself and lll .’’]. Witnesseth that: Whereas, the DOE has the responsibility for the disposal of spent nuclear fuel and high-level radioactive waste of domestic ori- gin from civilian nuclear power reactors in order to protect the public health and safety, and the environment; and Whereas, the DOE has the responsibility, following commencement of operation of a repository, to take title to the spent nuclear fuel or high-level radioactive waste involved as expeditiously as practicable upon the re- quest of the generator or owner of such waste or spent nuclear fuel; and Whereas, all costs associated with the preparation, transportation, and the disposal of spent nuclear fuel and high-level radio- active waste from civilian nuclear power re- actors shall be borne by the owners and gen- erators of such fuel and waste; and Whereas, the DOE is required to collect a full cost recovery fee from owners and gen- erators delivering to the DOE such spent nu- clear 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 high-level radio- active waste of domestic origin in DOE fa- cilities; 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
spent nuclear fuel or high level radio- active waste and who has executed a contract with DOE. Secretary means the Secretary of En- ergy of his designee. Other definitions relating to the sub- ject matter of this rule are set forth in Article II of the contract which is con- tained in § 961.11, Text of the contract, of this part. § 961.4 Deviations. Requests for authority to deviate from this part shall be submitted in writing to the Contracting Officer, who shall forward the request for approval to the Senior Procurement Official, Headquarters. Each request for devi- ation shall contain the following infor- mation: (a) A statement of the deviation de- sired, including identification of the specific paragraph number(s) of the contract; (b) A description of the intended ef- fect of the deviation; (c) The reason why the deviation is considered necessary or would be in the best interests of the Government; (d) The name of the owner or gener- ator seeking the deviation and nuclear power reactor(s) affected; (e) A statement as to whether the de- viation has been requested previously and, if so, circumstances of the pre- vious request; (f) A statement of the period of time for which the deviation is needed; and (g) Any pertinent background infor- mation will contribute to a full under- standing of the desired deviation. § 961.5 Federal agencies. Federal agencies or departments re- quiring DOE’s disposal services for SNF and/or HLW will be accommodated by a suitable interagency agreement reflecting, as appropriate, the terms and conditions set forth in the contract in § 961.11; Provided, however, that the fees to be paid by Federal agencies will be equivalent to the fees that would be paid under the contract.
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