The effective termination of the Yucca Mountain program by the U.S. Administration in 2009
has left the U.S. program for management of used fuel and high level radioactive waste (HLW)
in a state of uncertainty. In concert with this major policy reset and in response to the resulting
policy vacuum, the President directed the Energy Secretary to establish the Blue Ribbon
Commission on America’s Nuclear Future (BRC) “…to conduct a comprehensive review of
policies for managing the back end of the nuclear fuel cycle and to provide recommendations for

At the request of the staff to the Blue Ribbon Commission on America’s Nuclear Future (“BRC”), we have reviewed whether certain recommendations in the BRC’s July 29, 2011 Draft Report respecting near-term actions by the Department of Energy (“DOE”) or other officers or agencies in the Executive Branch can be implemented under existing law. These recommendations relate to:
(1) Initial steps to site, license and construct consolidated interim storage facilities for spent nuclear fuel (“spent fuel”);

Dear Members of the South Carolina Congressional Delegation:
Thank you all for your letter of October 27th. We appreciate hearing your views on the
Yucca Mountain project, the safety benefits of deep geologic disposal, and the
importance of the retaining the H Canyon facility at the Department of Energy’s
Savannah River Site.
In our draft report, the Commission finds that deep geologic disposal is an essential
component of a comprehensive nuclear waste management system. Your comments

This Memorandum analyzes issues related to the Standard Contract between the U.S. Department of Energy (“DOE”) and the “utilities.” Beginning with a discussion of specific provisions of the Standard Contract, this Memorandum then analyzes the status of lawsuits involving the Standard Contract, reviews issues related to on-site storage of spent fuel and HLW, and assesses the prospects for modifying the current waste-disposal regime through Federal legislation or amendments to the Standard Contract.

This paper draws on my experience as a reviewer of the scientific programs and performance assessments of the geological repository for transuranic waste at the Waste Isolation Pilot Plant in New Mexico and the proposed repository for spent nuclear fuel and high-level waste at Yucca Mountain in Nevada. In addition, I have served on numerous committees of the National Research Council that have addressed many aspects of nuclear waste management.

This memo sets forth the Office of Standard Contract Management's current estimate of the US Government's liability in connection with the Government's partial breach of the "standard contracts" that it executed pursuant to the NWPA of 1982. The Office of Standard Contract Management estimates that liability, as of today and based on the analysis and qualifications set forth below, to be $15.4 billion.
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