Spent Fuel Project Office Interim Staff Guidance - 8

Spent Fuel Project Office, Interim Staff Guidance - 8, Revision 1

In the United States, burnup credit has been used in the criticality safety evaluation for storage pools at
pressurized water reactors (PWRs) and considerable work has been performed to lay the foundation for use of
burnup credit in dry storage and transport cask applications and permanent disposal applications. Many of the
technical issues related to the basic physics phenomena and parameters of importance are similar in each of these
applications. However, the nuclear fuel cycle in the United States has never been fully integrated and the

Spent Fuel Project Office, Interim Staff Guidance - 8, Revision 2 - Burnup Credit in the Criticality Safety Analyses of PWR Spent Fuel in Transport
and Storage Casks

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”);

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 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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