[Federal Register Volume 77, Number 20 (Tuesday, January 31, 2012)]
[Notices]
[Pages 4807-4808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2052]


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DEPARTMENT OF ENERGY

National Nuclear Security Administration


Revised Fee Policy for Acceptance of Foreign Research Reactor 
Spent Nuclear Fuel From High-Income Economy Countries

AGENCY: National Nuclear Security Administration, Department of Energy.

ACTION: Notice of a change in the fee policy.

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SUMMARY: This notice announces a change in the fee policy by the 
Department of Energy (DOE) for receipt and management of spent nuclear 
fuel (SNF) from foreign research reactors (FRR) containing uranium 
enriched in the U.S. in countries with high-income economies, as 
identified in the World Bank Development Report. The fee will increase 
in three phases (See Table 1) for all future SNF shipments (including 
Training, Research, Isotopes, General Atomics (TRIGA) from high-income 
economy countries. The first phase will take effect immediately and the 
fee will increase from no higher than $3,750 per kg total mass (not 
heavy metal mass) to $5,625 per kg total mass for SNF containing low 
enriched uranium (LEU). The second phase will be implemented 
automatically on January 1, 2014, and the fees will increase from 
$5,625 per kg total mass to $7,500 per kg total mass for shipments of 
SNF containing LEU and from no higher than $4,500 per kg total mass to 
$6,750 per kg total mass for SNF containing highly enriched uranium 
(HEU). The third phase will be implemented automatically on January 1, 
2016, and the fee will increase from $6,750 per kg total mass to $9,000 
per kg total mass for shipments of SNF containing HEU. DOE is also 
implementing a new minimum fee of $200,000 per shipment of any type and 
amount of eligible SNF to reflect a minimum cost of providing 
acceptance services. This minimum fee will take effect immediately. In 
the case where a reactor operator already has a signed and executed 
contract with DOE, DOE intends to negotiate an equitable adjustment to 
the fee in accordance with this revised fee policy. Under this revised 
fee policy, the fee for return of TRIGA fuel will be the same as that 
of aluminum based fuel. All other aspects of the fee policy are 
unaffected by this Notice.
    This is the first fee increase since the fee policy was established 
in 1996, and will help DOE offset a portion of the increase in 
operation costs of managing SNF. DOE will continue to pay the costs for 
shipping, receipt and management of SNF from other than high-income 
economy countries. All other conditions and policies as previously 
established for acceptance of FRR SNF will continue to apply. DOE 
reserves the right to revise the fee policy at any time to respond to 
changed circumstances. DOE also reserves the right to adjust the fee 
set in an acceptance contract if there are unique and compelling 
circumstances that make it in DOE's best interest to do so.

DATES: Effective dates: Minimum fee January 31, 2012; First phase--
January 31, 2012; Second phase--January 1, 2014; Third phase--January 
1, 2016.

FOR FURTHER INFORMATION CONTACT:  Mr. Andrew Bieniawski, Assistant 
Deputy Administrator for Global Threat Reduction (NA-21), U.S. 
Department of Energy, National Nuclear Security Administration, 1000 
Independence Avenue SW., Washington, DC 20585, Telephone (202) 586-
0775.

SUPPLEMENTARY INFORMATION: DOE's policy concerning recovery of FRR SNF 
containing uranium enriched in the U.S. is described in the ``Record of 
Decision (ROD) for the Final Environmental Impact Statement on a 
Proposed Nuclear Weapons Nonproliferation Policy Concerning Foreign 
Research Reactor Spent Nuclear Fuel'' (61 FR 25092, May 17, 1996). In 
the ROD, DOE stated that it would announce a fee policy for acceptance 
of FRR SNF and that the policy could be changed as necessary to reflect 
changes in cost or new information relevant to the policy. In 1996, DOE 
established the fee policy and published it in a Federal Register 
Notice, (61 FR 26507, May 28, 1996). The policy was subsequently 
revised only to address the question of how, during the course of the 
acceptance program, a change in the economic status of the country from 
which SNF is shipped would affect the fee charged for participation (64 
FR 18006, April 13, 1999). The maximum fees have remained constant 
since the establishment of the fee policy in 1996, even though the 
costs of SNF management have risen dramatically. DOE is revising its 
fee policy to take into account this rise in costs.
    DOE has decided to increase the maximum fees by 100% (from its 
current rates) in three phases (See Table 1) for all future SNF 
shipments (including TRIGA fuels), which should minimize the impact to 
the high-income economy countries and allow those countries adequate 
time to plan for additional funding.
     The first phase will take effect January 31, 2012; and the 
fee will increase from no higher than $3,750 per kg total mass to 
$5,625 per kg of total mass for SNF shipments containing LEU.
     The second phase will be implemented automatically on 
January 1, 2014 and the fee will increase from $5,625 per kg of total 
mass to $7,500 per kg total mass for SNF shipments containing LEU and 
from no higher than $4,500 per kg total mass to $6,750 per kg total 
mass for SNF shipments containing HEU.
     The third phase will be implemented automatically on 
January 1, 2016, and the fee will increase from $6,750 per kg total 
mass to $9,000 per kg total mass for SNF shipments containing HEU.
     DOE is also implementing a new minimum fee of $200,000 per 
shipment of any type and amount of eligible SNF to reflect a minimum 
cost of providing acceptance services, which is consistent with past 
approaches of implementing the FRR SNF fee policy and reflects a more 
appropriate portion of the cost of providing acceptance services. This 
minimum fee will take effect January 31, 2012.
     In the case where a reactor operator already has a signed 
and executed contract with DOE, DOE intends to negotiate an equitable 
adjustment to the fee in accordance with this revised fee policy.

[[Page 4808]]

     Under this revised fee policy the fee for return of TRIGA 
fuel will be the same as that of aluminum based fuel, as noted above.

                                         Table 1--Summary of Fee Policy
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                                                       Aluminum based  fuel        Training, Research, Isotopes,
                                                 --------------------------------     General Atomics (TRIGA)
                 Effective dates                                                 -------------------------------
                                                        LEU             HEU             LEU             HEU
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Current Rates...................................          $3,750          $4,500          $4,500          $4,500
Date of Publication in Federal Register.........           5,625           4,500           5,625           4,500
January 1, 2014.................................           7,500           6,750           7,500           6,750
January 1, 2016.................................           7,500           9,000           7,500           9,000
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The Department of Energy is also implementing a new minimum fee of $200,000 per shipment of any type and amount
  of eligible fuel to reflect a minimum cost of providing acceptance services.
All rates are ``per kg total mass'' (not heavy metal mass).
The first phase of the change in the current fee policy takes effect immediately upon publication of this Notice
  in the Federal Register.

DOE is not establishing the fee structure for target material as it 
would be established on a case-by-case basis and would be agreed to and 
specified on the shipping-receipt contract for a particular campaign. 
DOE reserves the right to revise the fee policy at any time to respond 
to changed circumstances. DOE also reserves the right to adjust the fee 
set in an acceptance contract if there are unique and compelling 
circumstances that make it in DOE's best interest to do so. Please note 
that all other conditions and policies for accepting FRR SNF as 
previously established will continue to apply.

    Issued in Washington, DC, this 25th day of January, 2012.
Andrew Bieniawski,
Assistant Deputy Administrator, National Nuclear Security 
Administration, Department of Energy.
[FR Doc. 2012-2052 Filed 1-30-12; 8:45 am]
BILLING CODE 6450-01-P