§ 961.11 Whereas, this contract is made and entered into under the authority of the DOE Organi- zation Act (Pub. L. 95–91, 42 U.S.C. 7101 et seq. ) and the Nuclear Waste Policy Act of 1982 (Pub. L. 97–425, 42 U.S.C. 10101 et seq. ) Now, therefore, the parties hereto do here- by agree as follows: A RTICLE I—D EFINITIONS As used throughout this contract, the fol- lowing terms shall have the meanings set forth below: 1. The term assigned three-month period means the period that each Purchaser will be assigned by DOE, giving due consideration to the Purchaser’s assignment preference, for purposes of reporting kilowatt hours gen- erated by the Purchaser’s nuclear power re- actor and for establishing fees due and pay- able to DOE. 2. The term cask means a container for shipping spent nuclear fuel and/or high-level radioactive waste which meets all applicable regulatory requirements. 3. The term civilian nuclear power reactor means a civilian nuclear powerplant required to be licensed under sections 103 or 104(b) of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2133, 2134(b)). 4. The term Commission means the United states Nuclear Regulatory Commission. 5. The term contract means this agreement and any duly executed amendment or modi- fication thereto. 6. The term Contracting Officer means the person executing this contract on behalf of the Government, and any other officer or ci- vilian employee who is a properly disignated Contracting Officer of the DOE; and the term includes, except as otherwise provided in this contract, the authorized representative of a Contracting Officer acting within the limits of his authority. 7. The term delivery means the transfer of custody, f.o.b. carrier, of spent nuclear fuel or high-level radioactive waste from Pur- chaser to DOE at the Purchaser’s civilian nuclear power reactor or such other domes- tic site as may be designated by the Pur- chaser and approved by DOE. 8. The term disposal means the emplace- ment in a repository of high-level radio- active waste, spent nuclear fuel, or other highly radioactive waste with no foreseeable intent of recovery, whether or not such em- placement permits recovery of such waste. 9. The term DOE means the United States Department of Energy or any duly author- ized representative thereof, including the Contracting Officer. 10. The term DOE facility means a facility operated by or on behalf of DOE for the pur- pose of disposing of spent nuclear fuel and/or high-level radioactive waste, or such other facility(ies) to which spent nuclear fuel and/ or high-level radioactive waste may be
10 CFR Ch. III (1–1–12 Edition)
shipped by DOE prior to its transportation to a disposal facility. 11. The term full cost recovery, means the recoupment by DOE, through Purchaser fees and any interest earned, of all direct costs, indirect costs, and all allocable overhead, consistent with generally accepted account- ing principles consistently applied, of pro- viding disposal services and conducting ac- tivities authorized by the Nuclear Waste Pol- icy Act of 1982 (Pub. L. 97–425). As used here- in, the term cost includes the application of Nuclear Waste Fund moneys for those uses expressly set forth in section 302 (d) and (e) of the said Act and all other uses specified in the Act. 12. The term high-level radioactive waste (HLW) means— (a) the highly radioactive material result- ing from the reprocessing of spent nuclear fuel, including liquid waste produced di- rectly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations; and (b) other highly radioactive material that the Commission, consistent with existing law, determines by rule requires permanent isolation. 13. The term electricity (kilowatt hours) gen- erated and sold means gross electrical output produced by a civilian nuclear power reactor measured at the output terminals of the tur- bine generator minus the normal onsite nu- clear station service loads during the time electricity is being generated multiplied by the total energy adjustment factor. For pur- poses of this provision, the following defini- tion shall apply: a. The term Total Energy Adjustment Factor (TEAF) means the sum of individual owners’ weighted energy adjustment factors. b. The term Weighted Energy Adjustment Factor (WEAF) means the product of an own- er’s energy adjustment factor times the own- er’s share of the plant. c. The term Owner’s Energy Adjustment Fac- tor (OEAF) means the sum of the individual owner’s adjustment for sales to ultimate consumers and adjustment for sales for re- sale. d. The term Owner’s Share of the plant (OS) means the owner’s fraction of metered elec- tricity sales, the owner’s fraction of plant ownership, or the sponsor company’s fixed entitlement percentage of the plant’s output. This definition includes joint owners of gen- erating companies or participants in a gen- eration and transmission cooperative. e. The term Adjustment for Sales to ultimate Consumer (ASC) means the owner’s fraction of sales to the ultimate consumer multiplied by the owner’s sales to ultimate consumer adjustment factor. f. The term Fraction of Sales to ultimate Consumer (FSC) means the owner’s fractional quantity of electricity sold to the ultimate
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