§ 961.11
10 CFR Ch. III (1–1–12 Edition)
A RTICLE IV—R ESPONSIBILITIES OF THE P ARTIES A. Purchaser’s Responsibilities 1. Discharge Information. (a) On an annual basis, commencing Octo- ber 1, 1983, the Purchaser shall provide DOE with information on actual discharges to date and projected discharges for the next ten (10) years in the form and content set forth in appendix B, annexed hereto and made a part hereof. The information to be provided will include estimates and projec- tions and will not be Purchaser’s firm com- mitment with respect to discharges or deliv- eries. (b) No later than October 1, 1983, the Pur- chaser shall provide DOE with specific infor- mation on: (1) Total spent nuclear fuel inventory as of April 7, 1983; (2) Total number of fuel assemblies re- moved from the particular reactor core prior to 12:00 a.m. April 7, 1983 for which there are plans for reinsertion in the core, indicating the current planned dates for reinsertion in the core. Estimates of the burned and un- burned portion of each individual assembly are to be provided. (c) In the event that the Purchaser fails to provide the annual forecast in the form and content required by DOE, DOE may, in its sole discretion, require a rescheduling of any delivery commitment schedule then in ef- fect. 2. Preparation for Transportation. (a) The Purchaser shall arrange for, and provide, all preparation, packaging, required inspections, and loading activities necessary for the transportation of SNF and/or HLW to the DOE facility. The Purchaser shall notify DOE of such activities sixty (60) days prior to the commencement of such activities. The preparatory activities by the Purchaser shall be made in accordance with all applicable laws and regulations relating to the Pur- chaser’s responsibilities hereunder. DOE may designate a representative to observe the preparatory activities conducted by the Pur- chaser at the Purchaser’s site, and the Pur- chaser shall afford access to such representa- tive. (b) Except as otherwise agreed to by DOE, the Purchaser shall advise DOE, in writing as specified in appendix F, annexed hereto and made a 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. (c) The Purchaser shall be responsible for incidental maintenance, protection and pres- ervation of any and all shipping casks fur- nished to the Purchaser by DOE for the per- formance of this contract. The Purchaser shall be liable for any loss of or damage to such DOE-furnished property, and for ex- penses incidental to such loss or damage
while such casks are in the possession and control of the Purchaser except as otherwise provided for hereunder. Routine cask main- tenance, such as scheduled overhauls, shall not be the responsibility of the Purchaser. B. DOE Responsibilities 1. DOE shall accept title to all SNF and/or HLW, of domestic origin, generated by the civilian nuclear power reactor(s) specified in appendix A, provide subsequent transpor- tation for such material to the DOE facility, and dispose of such material in accordance with the terms of this contract. 2. DOE shall arrange for, and provide, a cask(s) and all necessary transportation of the SNF and/or HLW from the Purchaser’s site to the DOE facility. Such cask(s) shall be furnished sufficiently in advance to ac- commodate scheduled deliveries. Such cask(s) shall be suitable for use at the Pur- chaser’s site, meet applicable regulatory re- quirements, and be accompanied by perti- nent information including, but not limited to, the following: (a) Written procedures for cask handling and loading, including specifications on Pur- chaser-furnished cannisters for containment of failed fuel; (b) Training for Purchaser’s personnel in cask handling and loading, as may be nec- essary; (c) Technical information, special tools, equipment, lifting trunnions, spare parts and consumables needed to use and perform inci- dental maintenance on the cask(s); and (d) Sufficient documentation on the equip- ment supplied by DOE. 3. DOE may fulfill any of its obligations, or take any action, under this contract either directly or through contractors. 4. DOE shall annually provide to the Pur- chaser pertinent information on the waste disposal program including information on cost projections, project plans and progress reports. 5. (a) Beginning on April 1, 1991, DOE shall issue an annual acceptance priority ranking for receipt of SNF and/or HLW at the DOE repository. This priority ranking shall be based on the age of SNF and/or HLW as cal- culated from the date of discharge of such material from the civilian nuclear power re- actor. The oldest fuel or waste will have the highest priority for acceptance, except as provided in paragraphs B and D of Article V and paragraph B.3 of Article VI hereof. (b) Beginning not later than July 1, 1987, DOE shall issue an annual capacity report for planning purposes. This report shall set forth the projected annual receiving capac- ity for the DOE facility(ies) and the annual acceptance ranking relating to DOE con- tracts for the disposal of SNF and/or HLW including, to the extent available, capacity information for ten (10) years following the
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