§ 961.11 than standard fuel; however, for any SNF which has been designated by the Purchaser as other than standard fuel, as that term is defined in appendix E, the Purchaser shall obtain delivery and procedure confirmation from DOE prior to delivery. DOE shall advise Purchaser within sixty (60) days after receipt of such confirmation request as to the tech- nical feasibility of disposing of such fuel on the currently agreed to schedule and any schedule adjustment for such services. B. Acceptance Procedures 1. Acceptance Priority Ranking. Delivery commitment schedules for SNF and/or HLW may require the disposal or more material than the annual capacity of the DOE disposal facility (or facilities) can accommodate. The following acceptance pri- ority ranking will be utilized: (a) Except as may be provided for in sub- paragraph (b) below and Article V.D. of this contract, acceptance priority shall be based upon the age of the SNF and/or HLW as cal- culated from the date of discharge of such material from the civilian nuclear power re- actor. DOE will first accept from Purchaser the oldest SNF and/or HLW for disposal in the DOE facility, except as otherwise pro- vided for in paragraphs B and D of Article V. (b) Notwithstanding the age of the SNF and/or HLW, priority may be accorded any SNF and/or HLW removed from a civilian nu- clear power reactor that has reached the end of its useful life or has been shut down per- manently for whatever reason. 2. Verification of SNF and/or HLW. During cask loading and prior to accept- ance by DOE for transportation to the DOE facility, the SNF and/or HLW description of the shipping lot shall be subject to verification by DOE. To the extent the SNF and/or HLW is consistent with the descrip- tion submitted and approved, in accordance with appendices E and F, DOE agrees to ac- cept such SNF and/or HLW for disposal when DOE has verified the SNF and/or HLW de- scription, determined the material is prop- erly loaded, packaged, marked, labeled and ready for transportation, and has taken cus- tody, as evidenced in writing, of the material at the Purchaser’s site, f.o.b. carrier. A prop- erly executed off-site radioactive shipment record describing cask contents must be pre- pared by the Purchaser along with a signed certification which states: ‘‘This is to certify that the above-named materials are properly described, classified, packaged, marked and labeled and are in proper condition for trans- fer according to the applicable regulations of the U. S. Department of Transportation.’’ 3. Improperly described SNF and/or HLW. (a) Prior to Acceptance— If SNF and/or HLW is determined by DOE to be improperly de- scribed prior to acceptance by DOE at the Purchaser’s site, DOE shall promptly notify the Purchaser in writing of such determina-
10 CFR Ch. III (1–1–12 Edition)
tion. DOE reserves the right, in its sole dis- cretion, to refuse to accept such SNF and/or HLW until the SNF and/or HLW has been properly described. The Purchaser shall not transfer such SNF and/or HLW to DOE unless DOE agrees to accept such SNF and/or HLW under such other arrangements as may be agreed to, in writing, by the parties. (b) After Acceptance— If subsequent to its acceptance DOE finds that such SNF and/or HLW is improperly described, DOE shall promptly notify the Purchaser, in writing, of such finding. In the event of such notifica- tion, Purchaser shall provide DOE with a proper designation within thirty (30) days. In the event of a failure by the Purchaser to provide such proper designation, DOE may hold in abeyance any and all deliveries scheduled hereunder. A RTICLE VII—T ITLE Title to all SNF and/or HLW accepted by DOE for disposal shall pass to DOE at the Purchaser’s site as provided for in Article VI hereof. DOE shall be solely repsonsible for control of all material upon passage of title. DOE shall have the right to dispose as it sees fit of any SNF and/or HLW to which it has taken title. The Purchaser shall have no claim against DOE or the Government with respect to such SNF or HLW nor shall DOE or the Government be obligated to com- pensate the Purchaser for such material. A. Fees 1. Effective April 7, 1983, Purchaser shall be charged a fee in the amount of 1.0 mill per kilowatt hour (1M/kWh) electricity gen- erated and sold. 2. For SNF, or solidified high-level radio- active waste derived from SNF, which fuel was used to generate electricity in a civilian nuclear power reactor prior to April 7, 1983, a one-time fee will be assessed by applying industry-wide average dollar per kilogram charges to four (4) distinct ranges of fuel burnup so that the integrated cost across all discharged (i.e. spent) fuel is equivalent to an industry-wide average charge of 1.0 mill per kilowatt-hour. For purposes of this con- tract, discharged nuclear fuel is that fuel re- moved from the reactor core with no plans for reinsertion. In the event that any such fuel withdrawn with plans for reinsertion is not reinserted, then the applicable fee for such fuel shall be calculated as set forth in this paragraph 2. The categories of spent nu- clear fuel burnup and the fee schedule are listed below: A RTICLE VIII—F EES AND T ERMS OF P AYMENT
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