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Attachment 1 - Memo, Reply to Letter to Mr. Tim Frazier

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.


Legal Background and Questions Concerning the Federal Government’s Contractual Obligations Under the “Standard Contracts” with “Utilities”

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.


Enhancing the Role of State and Local Governments in America’s Nuclear Future: An Idea Whose Time Has Come

This paper, prepared to aid the Blue Ribbon Commission on America’s Nuclear Future in its
deliberations, includes a discussion of the issues that would be faced in the siting, permitting and
licensing of storage and disposal facilities for the “back end” of the commercial nuclear fuel
cycle and for the Department of Energy’s (DOE) high–level radioactive waste. It discusses the
authority that could be employed by non–federal levels of government in supporting or opposing


Blue Ribbon Commission on America’s Nuclear Future Draft Report to the Secretary of Energy

America’s nuclear waste management program is at an impasse. The Obama Administration’s decision
to halt work on a repository at Yucca Mountain in Nevada is but the latest indicator of a policy that has
been troubled for decades and has now all but completely broken down. The approach laid out under
the 1987 Amendments to the Nuclear Waste Policy Act (NWPA)—which tied the entire U.S. high-level
waste management program to the fate of the Yucca Mountain site—has not worked to produce a



At the request of the Blue Ribbon Commission Staff,1 Van Ness Feldman examined the following question: What commitments has the Federal Government made to states, communities, private companies, and others related to the disposal of used fuel and high-level wastes? Spent nuclear fuel (referred to herein as “used fuel”) and high-level radioactive waste (“HLW”) are the by-products of commercial nuclear energy generation, defense production of nuclear weapons materials, and research and medical activities that utilize nuclear reactors or fission product nuclides. This paper describes the Federal

Managing Commercial High-Level Radioactive Waste

After more than 20 years of commercial nuclear power, the Federal Government has yet to develop a broadly supported policy for fulfilling its legal responsibility for the final isolation of high-level radioactive waste. OTA's study concludes that until such a policy is adopted in law, there is a substantial risk that the false starts, shifts of policy, and fluctuating support that have plagued the final isolation program in the past will continue.


Enhancing the Role of State and Local Governments in America's Nuclear Future: An Idea Whose Time Has Come

The Blue Ribbon Commission on America&#39;s Nuclear Future was formed by the Secretary of<br/>Energy at the direction of the President. The Commission was formed to conduct a<br/>comprehensive review of policies for managing the back end of the nuclear fuel cycle, including<br/>all alternatives for the storage, processing, and disposal of civilian and defense used nuclear fuel,<br/>high–level waste, and materials derived from nuclear activities.