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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A set of 16 geologic disposal concepts is described in sufficient detail for rough-order-of-magnitude repository cost estimates, for disposal of spent nuclear reactor fuel in generic crystalline, argillaceous, and salt host geologic media. The description includes total length, diameter, and volume for all underground shafts, ramps, drifts and large-diameter borings. Basic types of ground support are specified. Total repository capacity is assumed to be approximately 140,000 MT of spent fuel, but concepts are described in terms of modular panels each containing 10,000 MT.