See Also
Summary of 1995 Settlement Agreement & FAQs
Agreement to Implement U.S. District Court Order dated May 25, 2006
Navy Addendum to 1995 Settlement Agreement
Contact INL Oversight
Boise
Office
1410
N. Hilton
Boise,
ID 83706
ph:
(208) 373-0498
fx: (208) 373-0429
Idaho
Falls Office
900
N. Skyline Dr.
Idaho
Falls, ID 83402
ph:
(208) 528-2600
fx:
(208) 528-2605
INL
Oversight Staff List
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Contamination at INL:
Text of the 1995 Settlement
Agreement
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The
State of Idaho, through the Attorney General, and Governor Philip
E. Batt in his official capacity; the Department of Energy, through
the General Counsel and Assistant Secretary for Environmental Management;
and the Department of the Navy, through the General Counsel and
Director, Naval Nuclear Propulsion Program, hereby agree on this
16th day of October, 1995, to the following terms and conditions
to fully resolve all issues in the actions Public Service Co.
of Colorado v. Batt, No. CV 91-0035-S-EJL (D. Id.) and United
States v. Batt, No. CV-91-0065-S-EJL (D. Id.): |
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| A. Definitions |
For purposes of this Agreement,
the following definitions shall apply:
1. The "State" shall mean the State of Idaho and shall include the
Governor of the State of Idaho and the Idaho State Attorney General.
2. The "federal parties" means U.S. Department of Energy (DOE) and
the U.S. Department of the Navy (the Navy), including any successor
agencies.
3. "Treat" shall be defined, as applied to a waste or spent fuel,
as any method, technique, or process designed to change the physical
or chemical character of the waste or fuel to render it less hazardous;
safer to transport, store, dispose of; or reduce in volume.
4. "Transuranic waste" shall be defined as set forth in the EIS, Volume
2, Appendix E.
5. "One shipment of spent fuel" shall be defined as the transporting
of a single shipping container of spent fuel.
6. "High-level waste" shall be defined as set forth in the EIS, Volume
2, Appendix E.
7. "DOE spent fuel" shall be defined as any spent fuel which DOE has
the responsibility for managing with the exception of naval spent
fuel and commercial spent fuel which DOE has accepted or will take
title to pursuant to the Nuclear Waste Policy Act of 1982, 42 U.S.C.
10101 et seq. or comparable statute.
8. "Naval spent fuel" shall be defined as any spent fuel removed from
naval reactors as a result of refueling overhauls (refueling) or defueling
inactivations (defueling).
9. "Metric ton of spent fuel" shall be defined as a metric ton of
heavy metal of spent fuel.
10. "Naval reactors" shall be defined as nuclear reactors used aboard
naval warships (submarines, aircraft carriers, or cruisers), naval
research or training vessels, or at land-based naval prototype facilities
operated by the Naval Nuclear Propulsion Program for the purposes
of research, development, or training.
11. "Calendar year" shall be defined as the year beginning on January
1, and ending on December 31.
12. "Mixed Waste" shall be defined as set forth in the EIS, Volume
2, Appendix E.
13. "EIS" shall be defined as the Department of Energy Programmatic
Spent Nuclear Fuel Management and Idaho National Engineering Laboratory
Environmental Restoration and Waste Management Program Final Environmental
Impact Statement issued April, 1995.
14. "ROD" shall be defined as the Record of Decision issued by DOE
on June 1, 1995, concerning the EIS.
15. "INEL" shall be defined as the Idaho National Engineering Laboratory.
16. "Running Average" shall mean the total number of shipments of
naval spent fuel to INEL, or transuranic waste from INEL, over any
period of three years, divided by three.
17. The "Court" shall mean the United States District Court for the
District of Idaho before which is pending Public Service Company
of Colorado v. Batt, No. CV 91-0036-S-EJL and United States
v. Batt, No. CV 91-0054-S-EJL, and any appellate court to which
an appeal may be taken, or with which an application for a writ of
certiorari may be filed, under applicable law. |
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| B. Transuranic
waste shipments leaving Idaho |
1. DOE shall ship all
transuranic waste now located at INEL, currently estimated at 65,000
cubic meters in volume, to the Waste Isolation Pilot Plant (WIPP)
or other such facility designated by DOE, by a target date of December
31, 2015, and in no event later than December 31, 2018. DOE shall
meet the following interim deadlines:
a. The first shipments of transuranic waste from INEL to WIPP or other
such facility designated by DOE shall begin by April 30, 1999.
b. By December
31, 2002, no fewer than 3,100 cubic meters (15,000 drum-equivalents)
of transuranic waste shall have been shipped out of the State of Idaho.
c. After January 1, 2003, a running average of no fewer than 2,000
cubic meters per year shall be shipped out of the State of Idaho.
2. The sole remedy for failure by DOE to meet any of these deadlines
or requirements shall be the suspension of DOE spent fuel shipments
to INEL as set forth in Section K.1. |
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| C. Spent
fuel and high-level waste shipments leaving Idaho |
1. DOE shall remove all
spent fuel, including naval spent fuel and Three Mile Island spent
fuel from Idaho by January 1, 2035. Spent fuel being maintained for
purposes of testing shall be excepted from removal, subject to the
limitations of Section F.1 of this Agreement.
2. Until all of the aluminum-clad spent fuel then stored at INEL has
been shipped to the Savannah River Site, the cumulative number of
shipments of spent fuel from the Savannah River Site to INEL under
Section D as of the end of any calendar year shall not exceed the
cumulative number of shipments of aluminum-clad spent fuel from INEL
to the Savannah River Site for the same period.
3. DOE shall treat all high-level waste currently at INEL so that
it is ready to be moved out of Idaho for disposal by a target date
of 2035. |
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| D. Shipments of
Spent Fuel to INEL |
The federal parties may
transport shipments of spent fuel to INEL only in accordance with
the following terms and conditions.
1. Shipments of naval spent fuel to INEL shall take place as follows:
a. The Navy may make only those shipments of naval spent fuel to INEL
that are necessary to meet national security requirements to defuel
or refuel nuclear powered submarines, surface warships, or naval prototype
or training reactors, or to ensure examination of naval spent fuel
from these sources. The Secretary of Defense, upon notice to the Governor
of the State of Idaho, shall certify the total number of such shipments
of naval spent fuel required to be made through the year 2035.
b. The Navy shall not ship more than twenty four (24) shipments to
INEL from the date of this Agreement through the end of 1995, no more
than thirty six (36) shipments in 1996, and no more than twenty (20)
shipments per year in calendar years 1997 through 2000. From calendar
year 2001 through 2035, the Navy may ship a running average of no
more than twenty (20) shipments per year to INEL. The total number
of shipments of naval spent fuel to INEL through 2035 shall not exceed
575. Shipments of naval spent fuel to INEL through 2035 shall not
exceed 55 metric tons of spent fuel.
c. Prior to January 1 of each calendar year through the year 2035,
the Navy shall provide to Idaho an estimate of the number of shipments
and the number of metric tons of naval spent fuel to be shipped during
the following calendar year.
d. By January 31 of each calendar year, the Navy shall provide to
Idaho the actual number of shipments and actual number of metric tons
of naval spent fuel shipped during the preceding calendar year.
e. The naval spent fuel stored at INEL on the date of the opening
of a permanent repository of interim storage facility shall be among
the early shipments of spent fuel to the first permanent repository
or interim storage facility.
f. The sole remedy for the Navy's failure to meet any of the deadlines
or requirements set forth in this section shall be suspension of naval
spent fuel shipments to INEL as set forth in Section K.1.
2. Shipments of DOE spent fuel to INEL shall take place as follows:
a. If DOE and the U.S. Department of State adopt a policy to accept
spent fuel from foreign research reactors into the United States,
DOE may send to INEL a maximum of 61 shipments of spent fuel from
foreign research reactors during the period beginning on the date
such a policy is adopted and ending on December 31, 2000. The Secretary
of Energy, upon notice to the Governor of the State of Idaho, must
certify that these shipments are necessary to meet national security
and nonproliferation requirements. Upon such certification, DOE may
ship not more than 10 such shipments from the date such policy is
adopted through December 31, 1996, not more than 20 such shipments
from the date the policy is adopted through December 31, 1997, and
not more than 40 such shipments from the date the policy is adopted
through December 31, 1998.
b. Until such time as a permanent repository or interim storage facility
for storage or disposal of spent fuel, located outside of Idaho, is
operating and accepting shipments of spent fuel from INEL, DOE shall
be limited to shipments of spent fuel to INEL as set forth in Sections
D.2.a., c., d., e., and (f). After a permanent repository of interim
storage facility is operating and accepting shipments of spent fuel
from INEL, the State of Idaho and DOE may negotiate and reach agreement
concerning the timing and number of shipments of DOE spent fuel that
may be sent to INEL, in addition to those otherwise permitted under
this Section D.2., for preparation for storage or disposal outside
the State of Idaho.
c. After December 31, 2000, DOE may transport shipments of spent fuel
to INEL constituting a total of no more than 55 metric tons of DOE
spent fuel (equivalent to approximately 497 truck shipments) and subject
to the limitations set forth in Sections D.2.e., f., g., and h. below,
except that the limitations of Section D.2.a. above will not apply.
d. No shipments of spent fuel shall be made to INEL from Fort St.
Vrain, unless a permanent repository or interim storage facility for
spent fuel located outside of Idaho has opened and is accepting spent
fuel from INEL, in which case such shipments may be made for the purpose
of treating spent fuel to make it suitable for disposal or storage
in such a repository or facility. Shipments of spent fuel from Fort
St. Vrain shall remain at INEL only for a period of time sufficient
to allow treatment for disposal or storage in such a repository or
facility. The total number of Fort St. Vrain shipments shall not exceed
244, constituting no more than sixteen (16) metric tons of spent fuel,
and shall be in addition to those allowed under Section D.2.c. above.
e. Except as set forth in Section D.2.d. above, DOE will make no shipments
of spent fuel from commercial nuclear power plants to INEL.
f. After December 31, 2000, and until an interim storage facility
or permanent repository is opened and accepting spent fuel from INEL,
DOE shall not ship to INEL more than 20 truck shipments of spent fuel
in any calendar year, except that:
(i) In one calendar year only, DOE may make not more than 83 truck
shipments of spent fuel to INEL from the West Valley Demonstration
Project;
(ii) DOE may not make more than 13 truck shipments in any of the nine
calendar years succeeding the shipment of the West Valley Demonstration
Project spent fuel to INEL; and
(iii) Shipments DOE is entitled to make to INEL in any calendar year,
but has not made, may be shipped in any subsequent calendar year,
notwithstanding the limitations in this Section D.2.f. on the number
of shipments per year.
For purposes of this section and Section D.2.c., in determining the
number of truck shipments, one rail shipment shall be deemed equivalent
to 10 truck shipments, except that in the case of shipments from West
Valley Demonstration Project, seven rail shipments shall be deemed
to be equal to 83 truck shipments. DOE may elect to make rail shipments
in lieu of truck shipments, in accordance with this conversion formula
and subject to other limitations of this section.
g. Prior to January 1 of each calendar year through the year 2035,
DOE shall provide to Idaho an estimate of the number of shipments
and the number of metric tons of DOE spent fuel to be shipped during
the following calendar year.
h. No later than January 31st of each calendar year, DOE shall provide
to Idaho the actual number of shipments and actual number of metric
tons of DOE spent fuel shipped during the preceding year.
i. The sole remedy for DOE's failure to meet any of the deadlines
or requirements set forth in this section shall be the suspension
of DOE spent fuel shipments to INEL as set forth in Section K.1. |
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| E. Treatment
and transfer of existing wastes at INEL |
1. Treatment Commitment.
DOE agrees to treat spent fuel, high-level waste, and transuranic
wastes in Idaho requiring treatment so as to permit ultimate disposal
outside the State of Idaho.
2. Mixed Waste Treatment Facility. DOE shall, as
soon as practicable, commence the procurement of a treatment facility
("Facility") at INEL for the treatment of mixed waste, transuranic
waste and alpha-emitting mixed low-level waste ("Treatable Waste").
DOE shall execute a procurement contract for the Facility by June
1, 1997, complete construction of the Facility by December 31, 2002,
and commence operation of the Facility by March 31, 2003. Commencement
of construction is contingent upon Idaho approving necessary permits.
a. Treatment of Non-INEL Wastes. Any and all Treatable
Waste shipped into the State of Idaho for treatment at the Facility
shall be treated within six months of receipt at the Facility, with
the exception of two cubic meters of low-level mixed waste from the
Mare Island Naval Shipyard which will complete base closure for nuclear
work in 1996. DOE may request an exception to the six month time period
on a case-by-case basis, considering factors at the shipping site
such as health and safety concerns, insufficient permitted storage
capacity, and base or site closures. Any transuranic waste received
from another site for treatment at the INEL shall be shipped outside
of Idaho for storage or disposal within six months following treatment.
DOE shall continue to use the Federal Facility Compliance Act process,
as facilitated by the National Governors' Association, to determine
what locations are suitable for mixed low-level waste treatment and
storage.
3. Operation of High-Level Waste Evaporator. DOE
shall commence operation of the high-level waste evaporator by October
31, 1996, and operate the evaporator in such a manner as to reduce
the tank farm liquid waste volume by no fewer than 330,000 gallons
by December 31, 1997. Efforts will continue to reduce the remaining
volume of the tank farm liquid waste by operation of the high-level
waste evaporator.
4. Calcination of Remaining Non-Sodium Bearing Liquid Wastes.
DOE shall complete the process of calcining all remaining non-sodium
bearing liquid high-level wastes currently located at INEL by June
30, 1998.
5. Calcination of Sodium-Bearing Wastes. DOE shall
commence calcination of sodium-bearing liquid high-level wastes by
June 1, 2001. DOE shall complete calcination of sodium-bearing liquid
high-level wastes by December 31, 2012.
6. Treatment of Calcined Wastes. DOE shall accelerate
efforts to evaluate alternatives for the treatment of calcined waste
so as to put it into a form suitable for transport to a permanent
repository or interim storage facility outside Idaho. To support this
effort, DOE shall solicit proposals for feasibility studies by July
1, 1997. By December 31, 1999, DOE shall commence negotiating a plan
and schedule with the State of Idaho for calcined waste treatment.
The plan and schedule shall provide for completion of the treatment
of all calcined waste located at INEL by a date established by the
Record of Decision for the Environmental Impact Statement that analyzes
the alternatives for treatment of such waste. Such Record of Decision
shall be issued not later than December 31, 2009. It is presently
contemplated by DOE that the plan and schedule shall provide for the
completion of the treatment of all calcined waste located at INEL
by a target date of December 31, 2035. The State expressly reserves
its right to seek appropriate relief from the Court in the event that
the date established in the Record of Decision for the Environmental
Impact Statement that analyzes the alternatives for treatment of such
waste is significantly later than DOE's target date. In support of
the effort to treat such waste, DOE shall submit to the State of Idaho
its application for a RCRA (or statutory equivalent) Part B permit
by December 1, 2012.
7. Transfer of Three Mile Island Fuel. DOE shall
complete construction of the Three Mile Island dry storage facility
by December 31, 1998. DOE shall commence moving fuel into the facility
by March 31, 1999, and shall complete moving fuel into the facility
by June 1, 2001.
8. Transfer Out of Wet Storage. By December 31, 1999,
DOE shall commence negotiating a schedule with the State of Idaho
for the transfer of all spent fuel at INEL out of wet storage facilities.
DOE shall complete the transfer of all spent fuel from wet storage
facilities at INEL by December 31, 2023. If DOE determines that transfer
to dry storage of any portion of such spent fuel is technically infeasible,
or that transfer to such dry storage presents significantly greater
safety or environmental risks than keeping the fuel in wet storage,
DOE shall inform the State and propose a later date or alternative
action. If the State does not agree to such later date or alternative
action, DOE may apply to the Court for appropriate relief. DOE shall,
after consultation with the State of Idaho, determine the location
of the dry storage facilities within INEL, which shall, to the extent
technically feasible, be at a point removed from above the Snake River
Plain Aquifer ("Aquifer").
9. The sole remedy for DOE's failure to meet any of the deadlines
or requirements set forth in this section shall be the suspension
of DOE spent fuel shipment to INEL as set forth in Section K.1. |
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| F. Spent fuel program |
1. Establishment
of INEL as DOE Spent Fuel Lead Laboratory. DOE shall, within
thirty days of entry of this Agreement as a court order, designate
INEL as the Department's lead laboratory for spent fuel. DOE shall
direct the research, development and testing of treatment, shipment
and disposal technologies for all DOE spent fuel, and all such DOE
activities shall be coordinated and integrated under the direction
of the Manager, DOE-Idaho Operations Office. Such designation shall
not permit the shipment to INEL of any spent fuel beyond that permitted
by this Agreement with the exception that quantities of spent fuel
brought to INEL for testing in excess of those permitted by this Agreement
shall leave the State of Idaho within five years of the date of receipt
at INEL.
2. Construction of Dry Storage. DOE shall include
in its appropriation request for federal fiscal year 1998 to the Executive
Office of the President funds necessary for DOE to initiate the procurement
of dry storage at INEL to replace wet, below ground facilities. Spent
fuel loading into dry storage shall commence by July 1, 2003.
3. Funding for Dry Cell Expansion Project. The Naval
Nuclear Propulsion Program shall include in its appropriation request
to the Executive Office of the President for federal fiscal year 1997
funds necessary for the Dry Cell Expansion Project ("Project") at
the Expended Core Facility at the Naval Reactors Facility to accommodate
removal of excess material and examination of naval spent fuel in
a dry condition. The Project shall commence as soon as Idaho Issues
the required permit under the Clean Air Act and funding is appropriated.
Completion of this project shall result in the expenditure of approximately
$26 million dollars over the next five years.
4. Multi-Purpose Canisters. DOE and the Navy shall
employ Multi-Purpose Canisters ("MPCs") or comparable systems to prepare
spent fuel located at INEL for shipment and ultimate disposal of such
fuel outside Idaho. Procurement shall be performed in accordance with
the Federal Acquisition Regulation which ensures that companies in
Idaho will have opportunity to bid on and obtain any competitive contracts
for such work. The Record of Decision on the NEPA analysis shall be
completed by April 30, 1999.
5. ECF Hot Cell Facility Upgrade. The Naval Nuclear
Propulsion Program shall include in its appropriation request for
federal fiscal year 1997 to the Executive Office of the President
funds necessary to proceed with upgrades which shall require approximately
$12 million of expenditures during the next three years.
6. ECF Dry Storage Container Loading Station. The
Naval Nuclear Propulsion Program shall include in its appropriation
request for federal fiscal year 1997 to the Executive Office of the
President funds necessary to proceed with design and construction
of a dry storage container loading station at ECF. This project shall
require no less than $20 million of expenditures during the next five
years.
7 . Funding for Discretionary Environmental Remediation Work
at the Naval Reactors Facility. The Naval Nuclear Propulsion
Program shall undertake environmental remediation efforts at the Naval
Reactors Facility totaling approximately $45 million over the next
five years.
8. Water Pool Reracking. DOE may proceed with installing
new racks into the water pool in the building at the Idaho Chemical
Processing Plant Facility currently holding naval spent fuel to provide
enhanced capability for spent fuel storage in the existing water pool
space until dry storage can be made available. Installation of the
new racks may commence as soon as Idaho issues the necessary permit
under the Clean Air Act. Idaho shall issue said permit within 180
days after DOE re-submits its application to Idaho. |
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| G. INEL environmental
restoration program |
| 1. INEL Environmental
Restoration Program to Continue. DOE shall continue to implement
the INEL environmental restoration program in coordination with Idaho
and EPA. Such implementation shall be consistent with the schedules
contained in the Federal Facilities Agreement and Consent Order (FFA/CO)
entered into with the State of Idaho, EPA and DOE, and it shall include
schedule requirements developed pursuant to the completed and future
records of Decision under the FFA/CO. The sole remedies for failure
to implement the environmental restoration activities specified in
the FFA/CO shall be those specified in the FFA/CO. |
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| H. Obtaining
timely federal funding for compliance with this order |
| 1. Compliance
Funding. DOE and the Naval Nuclear Propulsion Program shall
share budget information concerning INEL with Idaho prior to submitting
the budget request to the Executive Office of the President. Consultations
with the State of Idaho shall continue throughout the budget process.
The current DOE estimate for the costs of the activities and projects
described in Sections A through G over the next five years is approximately
$200 million above established budget targets. |
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| I. Federal funds
for this Settlement Agreement |
1. DOE shall provide to
the State of Idaho beginning in federal fiscal year 1996 and continuing
through 1997-2000, a total amount of $30 million for community transition
purposes and any other purposes that are mutually acceptable to the
parties, such as the non-Federal development of Boron Neutron Capture
Therapy and Radiological Toxicology technology in Idaho.
2. Acoustic Research Funding. The Navy shall include
in its appropriation request to the Executive Office of the President
for federal fiscal year 1997 no less than $7 million for the Navy
to construct a Ships Model Engineering and Support Facility at the
Naval Surface Warfare Center, Carderock Division, Acoustic Research
Detachment at Bayview, Idaho. |
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| J. Good faith compliance
and affirmative support |
1. The federal parties
and Idaho agree that the activities to be performed under this Agreement
and the subsequent Consent Order are in the public interest. The federal
parties and Idaho acknowledge the complexity of this Agreement and
have agreed to act in good faith to effectuate its fulfillment. The
federal parties and Idaho shall affirmatively support this Agreement
and its terms, conditions, rights and obligations in any administrative
or judicial proceeding. The federal parties and Idaho intend to seek
a sense of the Congress resolution expressing support for the terms,
conditions, rights and obligations contained in this Agreement and
the subsequent Consent Order and recommending to future Congresses
that funds requested by the President to carry out this Agreement
be appropriated. In any administrative or judicial proceeding, Idaho
shall support the adequacy of the EIS and ROD against any challenges
by third parties. Idaho shall have the ability, in its sole discretion,
to waive performance by the federal parties of any terms, conditions
and obligations contained in this Agreement.
2. Idaho shall promptly issue, upon submission of legally sufficient
applications, all permits, licenses or other approvals needed by the
DOE, the Navy or the Naval Nuclear Propulsion Program for the performance
of any of their respective obligations set forth in this Agreement.
3. No provision of this Agreement shall compel any party to act without
due legal authority. Performance by every party under this Agreement
shall be subject to and comply with all applicable federal statutes,
regulations and orders, including the Anti-Deficiency Act. The inability
of any party to comply with the provisions of this Agreement, or a
delay in such compliance, as a result of any applicable federal statute,
regulation or order shall not subject that party to judicial enforcement
under Section K.2.a, but shall not preclude the application of Sections
K.1.a. or K.1.b.
4. In the event any required NEPA analysis results in the selection
after October 16, 1995, of an action which conflicts with any action
identified in this Agreement, DOE or the Navy may request a modification
of this Agreement to conform the action in the Agreement to that selected
action. Approval of such modification shall not be unreasonably withheld.
If the State refuses to accept the requested modification, DOE or
the Navy may seek relief from the Court. On motion of any party, the
Court may extend the time for DOE or the Navy to perform until the
Court has decided whether to grant relief. If the Court determines
that the State has unreasonably withheld approval, the Agreement shall
be conformed to the selected action. If the Court determines that
the State has reasonably withheld approval, the time for DOE or the
Navy to perform the action at issue shall be as set forth in this
Agreement and subject to enforcement as set forth section in Section
K.1.
5. Effect of Certain Court Orders.
a. Navy. In the event that a court order is entered
in the case of Snake River Alliance Education Fund v. United States
Department of Energy , No. CV-95-0331-S-EJL (D. Idaho), or in
any other judicial proceeding, that prohibits in whole or in part
any shipment of spent fuel to INEL by the Navy under section D, then
all obligations, requirements and deadlines of the federal parties
under this Agreement shall be suspended during the period of applicability
of the order. Upon the vacating, dissolving or reversing of any such
order, the obligations, deadlines and requirements provided for in
this Agreement shall be extended by a period that corresponds to their
period of suspension.
b. DOE. In the event that a court order is entered
in the case of Snake River Alliance Education Fund v. United States
Department of Energy , No. CV-95-0331-S-EJL (D. Idaho), or in
any other judicial proceeding, that prohibits in whole or in part
any shipment of spent fuel to INEL by DOE under section D, then the
DOE has the option to suspend all DOE shipments to INEL and suspend
all of DOE's obligations, requirements and deadlines under this Agreement
during the period of applicability of the order. If DOE exercises
this option, then upon the vacating, dissolving, or reversing of any
such order, DOE's obligations, deadlines and requirements provided
for in this Agreement shall be extended by a period that corresponds
to their period of suspension. |
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| K. Enforcement
|
1. Suspension
of Shipments.
a. DOE. If DOE fails to satisfy the substantive obligations
or requirements it has agreed to in this Agreement or fails to meet
deadlines for satisfying such substantive obligations or requirements,
shipments of DOE spent fuel to INEL shall be suspended unless and
until the parties agree or the Court determines that such substantive
obligations or requirements have been satisfied.
b. Navy. If the navy or the Naval Nuclear Propulsion
Program fails to satisfy the substantive obligations or requirements
it has agreed to in this Agreement or fails to meet deadlines for
satisfying such substantive obligations or requirements, shipments
of Navy spent fuel to INEL shall to suspended unless and until the
parties agree or the Court determines that such substantive obligations
or requirements have been satisfied.
2. Other Enforcement
a. Judicial Enforcement. The Court may enforce the
rights, obligations and requirements assigned by this Agreement, other
than those exclusively enforceable under Section K.1., pursuant to
all legal and equitable remedies available to the courts of the United
States, including, but not limited to, use of the Court's contempt
powers.
b. RCRA Enforcement. Nothing in this Agreement shall
prohibit the State of Idaho from requiring necessary remedial actions
as set forth in the Resource Conservation and Recovery Act, 42 U.S.C.
section 6929 ("RCRA") (or statutory equivalent), including penalty
and fine procedures, the sums of which shall be payable to the State
of Idaho.
c. Payment Obligation. In the event that the federal
parties do not carry out the requirement that all spent fuel located
at INEL be removed from Idaho by January 1, 2035, then subject to
the availability of the appropriations provided in advance for this
purpose, the federal parties shall pay to the State of Idaho $60,000
for each day such requirement has not been met.
3. Prior Orders, Agreements and Decisions. The terms
of this Agreement shall supersede all rights, duties and obligations
set forth in any prior orders, agreements or decisions entered in
this litigation, captioned Public Service Company of Colorado v.
Batt , and United States of America v Batt , Nos. CV 91-0035-S-EJL
and CV 91-0054-S-EJL, except for the provisions of paragraph 4 of
the December 22, 1993 Court Order.
4. Dispute Resolution. In the event that any party
to this Agreement contends that any other party has violated any terms
of the Agreement, the parties shall seek to resolve their differences
informally before asking for resolution by the Court. |
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| L. Consent order |
1. The parties agree they
shall jointly present this Agreement to the U.S. District Court with
a proposed Consent Order which will provide for the incorporation
of this Agreement, continuing jurisdiction of the Court and the administrative
termination of this action without prejudice to the right of the parties
to reopen the proceedings for good cause shown. This Agreement and
Consent Order shall not preclude any party from applying to the Court
under Rule 60, of the Federal Rules of Civil Procedure, or the Court
from granting relief thereunder.
2. If the Consent Order is not entered by the Court, in accordance
with Section L.1 above, within 45 days of lodging with the Court,
then either party to this Agreement may elect to terminate this Agreement,
in which case this Agreement becomes null and void, and of no force
or effect. |
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| For the
Federal Parties: |
Robert R. Nordhaus
Thomas P. Grumbly
General Counsel Assistant Secretary
Department of Energy for Environmental Management
Department of Energy
Steven S. Honigman
Admiral Bruce DeMars
General Counsel Director, Naval Nuclear
Department of the Navy Propulsion Program |
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| For the
State of Idaho: |
Philip E. Batt
Alan G. Lance
Governor, State Attorney General, State of Idaho |
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