Revised Clause H-60-pg78

	DE-AC06-96RL13200 Modification M121

recognized by the Environmental Protection Agency as appropriate for addressing hazardous substance threats where a planning horizon of six months or more is appropriate. Removal responses, including non-time-critical removals are the subject of 40 CFR 300.410 and 300.415. Under a signed agreement with EPA, the Department uses a non-time-critical removal approach tailored for DOE’s decommissioning of contaminated facilities. That approach comprises threat assessment; identification, analysis, and documentation of decommissioning alternatives; opportunities for public participation in the decommissioning decision; and planning and performance of decommissioning activities. Under the DOE/EPA agreement, regulator involvement in decommissioning is determined locally.

(c)

The development of a final report, or equivalent document, for each deactivation and/or decommissioning project. Where deactivation and decommissions are conducted as a single, uninterrupted activity, only one final report, or equivalent, is required.

In the acquisition, operation, maintenance, leasing and disposition of physical assets, the Contractor shall ensure that all applicable Federal, state, and local laws, regulations, and negotiated agreements are followed, and that applicable safeguards and security as well as integrated safety management requirements and policies are followed.

H.60 SPENT NUCLEAR FUELS CONTINGENT FEE

Start of Fuel Removal

FHI agrees that its retention of any fee paid in excess of $1 million for fiscal year (FY) 1999 Spent Nuclear Fuel Performance Agreements and any fee paid in excess of $1 million for FY 2000 Spent Nuclear Fuels Performance Agreements will be contingent upon the successful start of fuel removal from the K Basins by December 7, 2000. In addition, if fuel removal is not successfully started by December 7, 2000, then any fee allocated, in FY 2001, for the start of fuel removal cannot be earned.

As set forth in the Tri-Party Agreement (TPA) Milestone P-34-16 (as of December 2, 1998) and for purposes of this clause, the start of spent nuclear fuel removal is defined as “The Cold Vacuum Drying (CVD) Facility and Canister Storage Building (CSB) shall be ready to receive spent nuclear fuel. The spent nuclear fuel transport system shall be operable. The K West Basin spent nuclear fuel retrieval system shall begin retrieving, cleaning, and packaging spent nuclear fuel, and the First Multi-Canister Over Pack of spent nuclear fuel will be loaded and transported to the Cold Vacuum Drying Facility for processing.”

If FHI fails to achieve a successful start of fuel removal from the K Basins by December 7, 2000, and therefore FHI fails the condition subsequent to retain the contingent portion of fee paid on Spent Nuclear Fuels Performance Agreements in FY 1999 and FY 2000, then the contingent fee paid will be offset against any FHI fee earned in FY 2001 in accordance with the Schedule below. Furthermore, notwithstanding any other provision in this Contract, including but not limited to, “Performance, Objectives, Measures, Expectations and Fee Distribution,” if FHI’s total earned fee in FY 2001 is insufficient to offset all of the Spent Nuclear Fuel contingent fee paid in FY 1999 and FY 2000, FHI shall reimburse any remaining amount to RL.

OFFSET SCHEDULE

Date start of fuel removal is achieved	Offset
On or Before December 7, 2000	None
After December 7, 2000 and On or Before February 7, 2001	33% of the contingent fee paid for FY 1999 and FY 2000 Spent Nuclear Fuels Performance Agreements
After February 7, 2001	100% of the contingent fee paid for FY 1999 and FY 2000 Spent Nuclear Fuels Performance Agreements

Changes, and Termination

(1)	Identification of Budget and/or Schedule Impacts FHI shall treat any DOE direction or action that causes an increase or decrease to the Spent Nuclear Fuel Project budget and/or schedule in accordance with the clause entitled, “Changes—Cost Reimbursement.”

FY 2000 PERFORMANCE INCENTIVES FIRE IMPACT

PI No.	TITLE	Revised Due Date
FDH-RC-1	Move K-Basin SNF & Sludge
RC-1-1.a	Declaration of Readiness	September 21, 2000

FDH-RC-1SS	Accelerate SNF Movement
RC-1SS-1	Accelerate 2 Months	October 7, 2000
RC-1SS-2	Complete FRS/IWTS Testing and CCD2	August 22, 2000

FDH-RC-2SS	Disposition Surplus Buildings
RC-2SS-1	Continue Acceleration of 324/327 Deactivation	October 2, 2000

FDH-RC-5SS	Accelerate 300 Area Closure
RC-5SS-1	Submit 300 Area Accelerated Closure Plan	July 1, 2000

FDH-RC-4	Accelerate Readiness to Receive K-Basin Sludge
RC-4-1.a	Shippingport Fuel and Clear One Deck Section	October 2, 2000

FDH-CP-1	Provides Waste Management Services
CP-1-1.a	# of Analytical Equivalent Units (AEUs) Analyzed	October 27, 2000

FDH-CP-3	Retrieve and Ship TRU Offsite
CP-3-2.b	500 Effective TRU Waste Containers Processed	October 10, 2000
CP-3-2.c	8 shipments to WIPP	October 10, 2000

FDH-CP-2	Stabilize Pu
CP-2-1.a	Pu Metal/Oxide/Other Types Dispositioned Items	October 4, 2000
CP-2-1.b	Pu Solutions Stabilized (liter)	October 5, 2000
CP-2-1.c	Pu Residues Stabilized (Kg bulk)	October 4, 2000
CP-2-1.d	Stabilized Pu Packaged (BTS cans)	October 4, 2000

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Document Number: DE-AC06-96RL13200
Mod: M121