Department of Energy
§ 961.11
projected commencement of operation of the initial DOE facility. A RTICLE V—D ELIVERY OF SNF AND / OR HLW A. Description of SNF and HLW The Purchaser shall deliver to DOE and DOE shall, as provided in this contract, ac- cept the SNF and/or HLW which is described in accordance with Article VI.A. of this con- tract, for disposal thereof. B. Delivery Commitment Schedule 1. Delivery commitment schedule(s), in the form set forth in appendix C annexed hereto and made a part hereof, for delivery of SNF and/or HLW shall be furnished to DOE by Purchaser. After DOE has issued its proposed acceptance priority ranking, as described in paragraph B.5 of Article IV hereof, beginning January 1, 1992 the Purchaser shall submit to DOE the delivery commitment schedule(s) which shall identify all SNF and/or HLW the Purchaser wishes to deliver to DOE begin- ning sixty-three (63) months thereafter. DOE shall approve or disapprove such schedules within three (3) months after receipt. In the event of disapproval, DOE shall advise the Purchaser in writing of the reasons for such disapproval and request a revised schedule from the Purchaser, to be submitted to DOE within thirty (30) days after receipt of DOE’s notice of disapproval. 2. DOE shall approve or disapprove such re- vised schedule(s) within sixty (60) days after receipt. In the event of disapproval, DOE shall advise the Purchaser in writing of the reasons for such disapproval and shall sub- mit its proposed schedule(s). If these are not acceptable to the Purchaser, the parties shall promptly seek to negotiate mutually acceptable schedule(s). Purchaser shall have the right to adjust the quantities of SNF and/or HLW plus or minus ( ± ) twenty percent (20%), and the delivery schedule up to two (2) months, until the submission of the final de- livery schedule. C. Final Delivery Schedule Final delivery schedule(s), in the form set forth in appendix D, annexed hereto and made a part hereof, for delivery of SNF and/ or HLW covered by an approved delivery commitment schedule(s) shall be furnished to DOE by Purchaser. The Purchaser shall submit to DOE final delivery schedules not less than twelve (12) months prior to the de- livery date specified therein. DOE shall ap- prove or disapprove a final delivery schedule within forty-five (45) days after receipt. In the event of disapproval, DOE shall advise the Purchaser in writing of the reasons for such disapproval and shall request a revised schedule from the Purchaser, to be sub- mitted to DOE within thirty (30) days after receipt of DOE’s notice of disapproval. DOE
shall approve or disapprove such revised schedule(s) within sixty (60) days after re- ceipt. In the event of disapproval, DOE shall advise the Purchaser in writing of the rea- sons for such disapproval and shall submit its proposed schedule(s). If these are not ac- ceptable to the Purchaser, the parties shall promptly seek to negotiate mutually accept- able schedule(s). D. Emergency Deliveries Emergency deliveries of SNF and/or HLW may be accepted by DOE before the date pro- vided in the delivery commitment schedule upon prior written approval by DOE. E. Exchanges Purchaser shall have the right to deter- mine which SNF and/or HLW is delivered to DOE; provided, however, that Purchaser shall comply with the requirements of this con- tract. Purchaser shall have the right to ex- change approved delivery commitment schedules with parties to other contracts with DOE for disposal of SNF and/or HLW; provided, however, that DOE shall, in ad- vance, have the right to approve or dis- approve, in its sole discretion, any such ex- changes. Not less than six (6) months prior to the delivery date specified in the Purchaser’s approved delivery commitment schedule, the Purchaser shall submit to DOE an exchange request, which states the priority rankings of both the Purchaser hereunder and any other Purchaser with whom the exchange of approved delivery commitment schedules is proposed. DOE shall approve or disapprove the proposed exchange within thirty (30) days after receipt. In the event of dis- approval, DOE shall advise the Purchaser in writing of the reasons for such disapproval. A RTICLE VI—C RITERIA FOR D ISPOSAL A. General Requirements 1. Criteria. (a) Except as otherwise provided in this contract, DOE shall accept hereunder only such SNF and/or HLW which meets the Gen- eral Specifications for such fuel and waste as set forth in appendix E, annexed hereto and made a part hereof. (b) Purchaser shall accurately classify SNF and/or HLW prior to delivery in accordance with paragraphs B and D of appendix E. 2. Procedures. (a) Purchaser shall provide to DOE a de- tailed description of the SNF and/or HLW to be delivered hereunder in the form and con- tent as set forth in appendix F, annexed hereto and made a part hereof. Purchaser shall promptly advise DOE of nay changes in said SNF and/or HLW as soon as they become known to the purchaser. (b) DOE’s obligation for disposing of SNF under this contract also extends to other
715
VerDate Mar<15>2010 13:48 Feb 21, 2012 Jkt 226033 PO 00000 Frm 00725 Fmt 8010 Sfmt 8010 Y:\SGML\226033.XXX 226033
Made with FlippingBook - Online Brochure Maker