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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:5.0.2.5.41.1.16.1 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | A | Subpart A—General Provisions | § 950.1 Purpose. | DOE | The purpose of this part is to facilitate the construction and full power operation of new advanced nuclear facilities by providing risk insurance for certain delays attributed to the Nuclear Regulatory Commission regulatory process or to litigation. | |||||
| 10:10:5.0.2.5.41.1.16.2 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | A | Subpart A—General Provisions | § 950.2 Scope and applicability. | DOE | This part sets forth the policies and procedures for the award and administration of Standby Support Contracts between the Department and sponsors of new advanced nuclear facilities. | |||||
| 10:10:5.0.2.5.41.1.16.3 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | A | Subpart A—General Provisions | § 950.3 Definitions. | DOE | For the purposes of this part: Act means the Energy Policy Act of 2005. Advanced nuclear facility means any nuclear facility the reactor design for which is approved after December 31, 1993, by the Nuclear Regulatory Commission (and such design or a substantially similar design of comparable capacity was not approved on or before that date). Available indemnification means $500 million with respect to the initial two reactors and $250 million with respect to the subsequent four reactors. Claims administrator means the official in the Department of Energy responsible for the administration of the Standby Support Contracts, including the responsibility to approve or disapprove claims submitted by a sponsor for payment of covered costs under the Standby Support Contract. Combined license means a combined construction and operating license (COL) for an advanced nuclear facility issued by the Commission. Commencement of construction means the point in time when a sponsor initiates the pouring of safety-related concrete for the reactor building. Commission means the Nuclear Regulatory Commission (NRC). Conditional Agreement means a contractual agreement between the Department and a sponsor under which the Department will execute a Standby Support Contract with the sponsor if and only if the sponsor is one of the first six sponsors to satisfy the conditions precedent to execution of a Standby Support Contract, and if funding and other applicable contractual, statutory and regulatory requirements are satisfied. Construction means the construction activities related to the advanced nuclear facility encompassed in the time period after commencement of construction and before the initiation of fuel load for the advanced nuclear facility. Covered cost means: (1) Principal or interest on any debt obligation financing an advanced nuclear facility (but excluding charges due to a borrower's failure to meet a debt obligation unrelated to the delay); and (2) Incremental costs that are incurred as a result of … | |||||
| 10:10:5.0.2.5.41.2.16.1 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | B | Subpart B—Standby Support Contract Process | § 950.10 Conditional agreement. | DOE | (a) Purpose. The Department and a sponsor may enter into a Conditional Agreement. The Department will enter into a Standby Support Contract with the first six sponsors to satisfy the specified conditions precedent for a Standby Support Contract if and only if all funding and other contractual, statutory and regulatory requirements have been satisfied. (b) Eligibility. A sponsor is eligible to enter into a Conditional Agreement with the Program Administrator after the sponsor has submitted to the Department the following information but before the sponsor receives approval of the combined license application from the Commission: (1) An electronic copy of the combined license application docketed by the Commission pursuant to 10 CFR part 52, and if applicable, an electronic copy of the design certification or early site permit, or environmental report referenced or included with the sponsor's combined license application; (2) A summary schedule identifying the projected dates of construction, testing, and full power operation; (3) A detailed business plan that includes intended financing for the project including the credit structure and all sources and uses of funds for the project, the most recent private credit rating or other similar credit analysis for project related covered financing, and the projected cash flows for all debt obligations of the advanced nuclear facility which would be covered under the Standby Support Contract; (4) The sponsor's estimate of the amount and timing of the Standby Support payments for debt service under covered delays; and (5) The estimated dollar amount to be allocated to the sponsor's covered costs for principal or interest on the debt obligation of the advanced nuclear facility and for incremental costs, including whether these amounts would be different if the advanced nuclear facility is one of the initial two reactors or one of the subsequent four reactors. (c) The Program Administrator shall enter into a Conditional Agreement with a sponsor upon a determination… | |||||
| 10:10:5.0.2.5.41.2.16.2 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | B | Subpart B—Standby Support Contract Process | § 950.11 Terms and conditions of the Conditional Agreement. | DOE | (a) General. Each Conditional Agreement shall include a provision specifying that the Program Administrator and the sponsor will enter into a Standby Support Contract provided that the sponsor is one of the first six sponsors to fulfill the conditions precedent specified in § 950.12, subject to certain funding requirements and limitations specified in § 950.12 and any other applicable contractual, statutory and regulatory requirements. (b) Allocation of Coverage. Each Conditional Agreement shall include a provision specifying the amount of coverage to be allocated under the Standby Support Contract to cover principal or interest costs and to cover incremental costs, including a provision on whether the allocation shall be different if the advanced nuclear facility is one of the initial two reactors or one of the subsequent four reactors, subject to paragraphs (c) and (d) of this section. A sponsor may elect to allocate 100 percent of the coverage to either the Program Account or the Grant Account. (c) Funding. Each Conditional Agreement shall contain a provision that the Program Account or Grant Account shall be funded in advance of execution of the Standby Support Contract and in the following manner, subject to the conditions of paragraphs (d) and (e) of this section. Under no circumstances will the amount of the coverage for payments of principal or interest under a Standby Support Contract exceed 80 percent of the total of the financing guaranteed under that Contract. (1) The Program Account shall receive funds appropriated to the Department, loan guarantee fees, or a combination of appropriated funds and loan guarantee fees that are in an amount equal to the loan costs associated with the amount of principal or interest covered by the available indemnification. Loan costs may not be paid from the proceeds of debt guaranteed or funded by the Federal government. The parties shall specify in the Conditional Agreement the anticipated amount or anticipated percentage of the total funding in the Program A… | |||||
| 10:10:5.0.2.5.41.2.16.3 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | B | Subpart B—Standby Support Contract Process | § 950.12 Standby Support Contract Conditions. | DOE | (a) Conditions Precedent. If Program Administrator has not entered into six Standby Support Contracts, the Program Administrator shall enter into a Standby Support Contract with the sponsor, consistent with applicable statutes and regulations and subject to the conditions set forth in paragraphs (b) and (c) of this section, upon a determination by the Department that all the conditions precedent to a Standby Support Contract have been fulfilled, including that the sponsor has: (1) A Conditional Agreement with the Department, consistent with this subpart; (2) A combined license issued by the Commission; (3) Documentation that it possesses all Federal, State, or local permits required by law to commence construction; (4) Documentation that it has commenced construction of the advanced nuclear facility; (5) Documented coverage of insurance required for the project by the Commission and lenders; (6) Paid any required fees into the Program Account and the Grant Account, as set forth in the Conditional Agreement and paragraph (b) of this section; (7) Provided to the Program Administrator, no later than ninety (90) days prior to execution of the contract, the sponsor's detailed schedule for completing the inspections, tests, analyses and acceptance criteria in the combined license and informing the Commission that the acceptance criteria have been met; and the sponsor's proposed schedule for review of such inspections, tests, analyses and acceptance criteria by the Commission, consistent with § 950.14(a) of this part and which the Department will evaluate and approve; and (8) Provided to the Program Administrator, no later than ninety (90) days prior to execution of the contract, a detailed systems-level construction schedule that includes a schedule identifying projected dates of construction, testing and full power operation of the advanced nuclear facility. (9) Provided to the Program Administrator, no later than ninety (90) days prior to the execution of the contract, a detailed and up-to-date plan of fin… | |||||
| 10:10:5.0.2.5.41.2.16.4 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | B | Subpart B—Standby Support Contract Process | § 950.13 Standby Support Contract: General provisions. | DOE | (a) Purpose. Each Standby Support Contract shall include a provision setting forth an agreement between the parties in which the Department shall provide compensation for covered costs incurred by a sponsor for covered events that result in a covered delay of full power operation of an advanced nuclear facility. (b) Covered facility. Each Standby Support Contract shall include a provision of coverage only for an advanced nuclear facility which is not a federal entity. Each Standby Support Contract shall also include a provision to specify the advanced nuclear facility to be covered, along with the reactor design, and the location of the advanced nuclear facility. (c) Sponsor contribution. Each Standby Support Contract shall include a provision to specify the amount that a sponsor has contributed to funding each type of account. (d) Maximum compensation. Each Standby Support Contract shall include a provision to specify that the Program Administrator shall not pay compensation under the contract: (1) In an aggregate amount that exceeds the amount of coverage up to $500 million each for the initial two reactors or up to $250 million each for the subsequent four reactors; (2) In an amount for principal or interest costs for which the loan costs exceed the amount deposited in the Program Account; and (3) In an amount for incremental costs that exceed the amount deposited in the Grant Account. (e) Term. Each Standby Support Contract shall include a provision to specify the date at which the contract commences as well as the term of the contract. The contract shall enter into force on the date it has been signed by both the sponsor and the Program Administrator. Subject to the cancellation provisions set forth in paragraph (f) of this section, the contract shall terminate when all claims have been paid up to the full amounts to be covered under the Standby Support Contract, or all disputes involving claims under the contract have been resolved in accordance with subpart D of this part. (f) Cancellati… | |||||
| 10:10:5.0.2.5.41.2.16.5 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | B | Subpart B—Standby Support Contract Process | § 950.14 Standby Support Contract: Covered events, exclusions, covered delay and covered cost provisions. | DOE | (a) Covered events. Subject to the exclusions set forth in paragraph (b) of this section, each Standby Support Contract shall include a provision setting forth the type of events that are covered events under the contract. The type of events shall include: (1) The Commission's failure to review the sponsor's inspections, tests, analyses and acceptance criteria in accordance with the Commission's rules, guidance, audit procedures, or formal opinions, in the case where the Commission has in place any rules, guidance, audit procedures or formal opinions setting schedules for its review of inspections, tests, analyses, and acceptance criteria under a combined license or the sponsor's combined license; (2) The Commission's failure to review the sponsor's inspections, tests, analyses, and acceptance criteria on the schedule for such review proposed by the sponsor, subject to the Department's review and approval of such schedule, including review of any informal guidance or opinion of the Commission that has been provided to the sponsor or the Department, in the case where the Commission has not provided any rules, guidance, audit procedures or formal Commission opinions setting schedules for review of inspections, tests, analyses and acceptance criteria under a combined license, or under the sponsor's combined license; (3) The conduct of pre-operational Commission hearings, that are provided for in 10 CFR part 52, after issuance of the combined license; and (4) Litigation in State, Federal, local, or tribal courts, including appeals of Commission decisions related to an application for a combined license to such courts., and excluding administrative litigation that occurs at the Commission related to the combined license. (b) Exclusions. Each Standby Support Contract shall include a provision setting forth the exclusions from covered costs under the contract, and for which any associated delay in the attainment of full power operations is not a covered delay. The exclusions are: (1) The failure of the sponsor… | |||||
| 10:10:5.0.2.5.41.3.16.1 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | C | Subpart C—Claims Administration Process | § 950.20 General provisions. | DOE | The parties shall include provisions in the Standby Support Contract to specify the procedures and conditions set forth in this subpart for the submission of claims and the payment of covered costs under the Standby Support Contract. A sponsor is required to establish that there is a covered event, a covered delay and a covered cost; the Department is required to establish an exclusion in accordance with § 950.14(b). | |||||
| 10:10:5.0.2.5.41.3.16.2 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | C | Subpart C—Claims Administration Process | § 950.21 Notification of covered event. | DOE | (a) A sponsor shall submit in writing to the Claims Administrator a notification that a covered event has occurred that has delayed the schedule for construction or testing and that may cause covered delay. The sponsor shall submit the notification to the Claims Administrator no later than thirty (30) days of the end of the covered event and contain the following information: (1) A description and explanation of the covered event, including supporting documentation of the event; (2) The duration of the delay in the schedule for construction, testing and full power operation, and the schedule for inspections, tests, analyses and acceptance criteria, if applicable; (3) The sponsor's projection of the duration of covered delay; (4) A revised schedule for construction, testing and full power operation, including the dates of system level construction or testing that had been conducted prior to the event; and (5) A revised inspections, tests, analyses, and acceptance criteria schedule, if applicable, including the dates of Commission review of inspections, tests, analyses, and acceptance criteria that had been conducted prior to the event. (b) An authorized representative of the sponsor shall sign the notification of a covered event, certify the notification is made in good faith and the covered event is not an exclusion as specified in § 950.14(b), and represent that the supporting information is accurate and complete to the sponsor's knowledge and belief. | |||||
| 10:10:5.0.2.5.41.3.16.3 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | C | Subpart C—Claims Administration Process | § 950.22 Covered event determination. | DOE | (a) Completeness review. Upon notification of a covered event from the sponsor, the Claims Administrator shall review the notification for completeness within thirty (30) days of receipt. If the notification is not complete, the Claims Administrator shall return the notification within thirty (30) days of receipt and specify the incomplete information for submission by the sponsor to the Claims Administrator in time for a determination by the Claims Administrator in accordance with paragraph (c) of this section. (b) Covered Event Determination. The Claims Administrator shall review the notification and supporting information to determine whether there is agreement by the Claims Administrator with the sponsor's representation of the event as a covered event (Covered Event Determination) based on a review of the contract conditions for covered events and exclusions. (1) If the Claims Administrator believes the event is an exclusion as set forth in § 950.14(b), the Claims Administrator shall request within 30 days of receipt of the notification of a covered event information in the sponsor's possession that is relevant to the exclusion. The sponsor shall provide the requested information to the Administrator within 20 days of receipt of the Administrator's request. (2) The sponsor's failure to provide the requested information in a complete or timely manner constitutes a basis for the Claims Administrator to disagree with the sponsor's covered event notification as provided in paragraph (c) of this section, and to deny a claim for covered costs related to the exclusion as provided in § 950.24 of this part. (c) Timing. The Claims Administrator shall notify the sponsor within sixty (60) days of receipt of the notification whether the Administrator agrees with the sponsor's representation, disagrees with the representation, requires further information, or is an exclusion. If the sponsor disagrees with the Covered Event Determination, the parties shall resolve the dispute in accordance with the procedures set… | |||||
| 10:10:5.0.2.5.41.3.16.4 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | C | Subpart C—Claims Administration Process | § 950.23 Claims process for payment of covered costs. | DOE | (a) General. No more than 120 days of when a sponsor was scheduled to attain full power operation and expects it will incur covered costs, the sponsor may make a claim upon the Department for the payment of its covered costs under the Standby Support Contract. The sponsor shall file a Certification of Covered Costs and thereafter such Supplementary Certifications of Covered Costs as may be necessary to receive payment under the Standby Support Contract for covered costs. (b) Certification of Covered Costs. The Certification of Covered Costs shall include the following: (1) A Claim Report, including the information specified in paragraph (c) of this section; (2) A certification by the sponsor that: (i) The covered costs listed on the Claim Report filed pursuant to this section are losses to be incurred by the sponsor; (ii) The claims for the covered costs were processed in accordance with appropriate business practices and the procedures specified in this subpart; and (iii) The sponsor has used due diligence to mitigate, shorten, and end, the covered delay and associated costs covered by the Standby Support Contract. (c) Claim Report. For purposes of this part, a “Claim Report” is a report of information about a sponsor's underlying claims that, in the aggregate, constitute the sponsor's covered costs. The Claim Report shall include, but is not limited to: (1) Detailed information substantiating the duration of the covered delay; (2) Detailed information about the covered costs associated with covered delay, including as applicable: (i) The amount of payment for principal or interest during the covered delay, including the relevant dates of payment, amounts of payment and any other information deemed relevant by the Department, and the name of the holder of the debt, if the debt obligation is held by a Federal agency; or (ii) The underlying payment during the covered delay related to the incremental cost of purchasing power to meet contractual agreements, including any documentation deemed relevan… | |||||
| 10:10:5.0.2.5.41.3.16.5 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | C | Subpart C—Claims Administration Process | § 950.24 Claims determination for covered costs. | DOE | (a) No later than thirty (30) days from the sponsor's submission of a Certification of Covered Costs, the Claims Administrator shall issue a Claim Determination identifying those claimed costs deemed to be allowable based on an evaluation of: (1) The duration of covered delay, taking into account contributory or concurrent delays resulting from exclusions from coverage as established by the Claims Administrator in accordance with § 950.22; (2) The covered costs associated with covered delay, including an assessment of the sponsor's due diligence in mitigating or ending covered costs, as set forth in § 950.23; (3) Any adjustments to the covered costs, as set forth in § 950.26; and (4) Other information as necessary and appropriate. (b) The Claim Determination shall state the Claims Administrator's determination that the claim shall be paid in full, paid in an adjusted amount as deemed allowable by the Claims Administrator, or rejected in full. (c) Should the Claims Administrator conclude that the sponsor has not supplied the required information in the Certification of Covered Costs or any supporting documentation sufficient to allow reasonable verification of the duration of the covered delay or covered costs, the Claims Administrator shall so inform the sponsor and specify the nature of additional documentation requested, in time for the sponsor to supply supplemental documentation and for the Claims Administrator to issue the Claim Determination. (d) Should the Claims Administrator find that any claimed covered costs are not allowable or otherwise should be considered excluded costs under the Standby Support Contract, the Claims Administrator shall identify such costs and state the reason(s) for that decision in writing. A determination by the Claims Administrator that an event is an exclusion or that the sponsor has not provided complete or timely information relevant to the exclusion as specified in § 950.22 shall provide a basis for the Claims Administrator to find covered costs are not allowable. If … | |||||
| 10:10:5.0.2.5.41.3.16.6 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | C | Subpart C—Claims Administration Process | § 950.25 Calculation of covered costs. | DOE | (a) The Claims Administrator shall calculate the allowable amount of the covered costs claimed in the Certification of Covered Costs as follows: (1) Costs covered through Program Account. The principal or interest on any debt obligation financing the advanced nuclear facility for the duration of covered delay to the extent the debt obligation was included in the calculation of the loan cost; and (2) Costs covered by Grant Account. The incremental costs calculated for the duration of the covered delay. In calculating the incremental cost of power, the Claims Administrator shall consider: (i) Fair Market Price. The fair market price may be determined by the lower of the two options: The actual cost of the short-term supply contract for replacement power, purchased by the sponsor, during the period of delay, or for each day of replacement power by its day-ahead weighted average index price in $/MWh at the hub geographically nearest to the advanced nuclear facility as posted on the previous day by the Intercontinental Exchange (ICE) or an alternate electronic marketplace deemed reliable by the Department. The daily MWh assumed to be covered is no more than its nameplate capacity multiplied by 24 hours; multiplied by the capacity-weighted U.S. average capacity factor in the previous calendar year, including in the calculation any and all commercial nuclear power units that operated in the United States for any part of the previous calendar year; and multiplied by the average of the ratios of the net generation to the grid for calculating payments to the Nuclear Waste Fund to the nameplate capacity for each nuclear unit included. In addition, the Claims Administrator may consider “fair market price” from other published indices or prices at regional trading hubs and bilateral contracts for similar delivered firm power products and the costs incurred, including acquisition costs, to move the power to the contract-specified point of delivery, as well as the provisions of the covered contract regarding replacemen… | |||||
| 10:10:5.0.2.5.41.3.16.7 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | C | Subpart C—Claims Administration Process | § 950.26 Adjustments to claim for payment of covered costs. | DOE | (a) Aggregate amount of covered costs. The sponsor's aggregate amount of covered costs shall be reduced by any amounts that are determined to be either excluded or not covered. (b) Amount of Department share of covered costs. The Department share of covered costs shall be adjusted as follows: (1) No excess recoveries. The share of covered costs paid by the Department to a sponsor shall not be greater than the limitations set forth in § 950.27(d). (2) Reduction of amount payable. The share of covered costs paid by the Department shall be reduced by the appropriate amount consistent with the following: (i) Excluded claims. The Department shall ensure that no payment shall be made for costs resulting from events that are not covered under the contract as specified in § 950.14; and (ii) Sponsor due diligence. Each sponsor shall ensure and demonstrate that it uses due diligence to mitigate, shorten, and to end the covered delay and associated costs covered by the Standby Support Contract. | |||||
| 10:10:5.0.2.5.41.3.16.8 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | C | Subpart C—Claims Administration Process | § 950.27 Conditions for payment of covered costs. | DOE | (a) General. The Department shall pay the covered costs associated with a Standby Support Contract in accordance with the Claim Determination issued by the Claims Administrator under § 950.24 or the Final Claim Determination under § 950.34, provided that: (1) Neither the sponsor's claim for covered costs nor any other document submitted to support the underlying claim is fraudulent, collusive, made in bad faith, dishonest or otherwise designed to circumvent the purposes of the Act and regulations; (2) The losses submitted for payment are within the scope of coverage issued by the Department under the terms and conditions of the Standby Support Contract as specified in subpart B of this part; and (3) The procedures specified in this subpart have been followed and all conditions for payment have been met. (b) Adjustments to Payments. In the event of fraud or miscalculation, the Department may subsequently adjust, including an adjustment obligating the sponsor to repay any payment made under paragraph (a) of this section. (c) Suspension of payment for covered costs. If the Department paid or is paying covered costs under paragraph (a) of this section, and subsequently makes a determination that a sponsor has failed to meet any of the requirements for payment specified in paragraph (a) of this section for a particular covered cost, the Department may suspend payment of covered costs pending investigation and audit of the sponsor's covered costs. (d) Amount payable. The Department's share of compensation for the initial two reactors is 100 percent of the covered costs of covered delay but not more than the coverage in the contract or $500 million per contract, whichever is less; and for the subsequent four reactors, not more than 50 percent of the covered costs of the covered delay but not more than the coverage in the contract or $250 million per contract, whichever is less. The Department's share of compensation for the subsequent four reactors is further limited in that the payment is for covered cost… | |||||
| 10:10:5.0.2.5.41.3.16.9 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | C | Subpart C—Claims Administration Process | § 950.28 Payment of covered costs. | DOE | (a) General. The Department shall pay to a sponsor covered costs in accordance with this subpart and the terms of the Standby Support Contract. Payment shall be made in such installments and on such conditions as the Department determines appropriate. Any overpayments by the Department of the covered costs shall be offset from future payments to the sponsor or returned by the sponsor to the Department within forty-five (45) days. If there is a dispute, then the Department shall pay the undisputed costs and defer payment of the disputed portion upon resolution of the dispute in accordance with the procedures in subpart D of this part. If the covered costs include principal or interest owed on a loan made or guaranteed by a Federal agency, the Department shall instead pay that Federal agency the covered costs, rather than the sponsor. (b) Timing of Payment. The sponsor may receive payment of covered costs when: (1) The Department has approved payment of the covered cost as specified in this subpart; and (2) The sponsor has incurred and is obligated to pay the costs for which payment is requested. (c) Payment process. The covered costs shall be paid to the sponsor designated on the Certification of Covered Costs required by § 950.23, or to the sponsor's assignee as permitted by § 950.13(h). A sponsor that requests payment of the covered costs must receive payment through electronic funds transfer. | |||||
| 10:10:5.0.2.5.41.4.16.1 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | D | Subpart D—Dispute Resolution Process | § 950.30 General. | DOE | The parties, i.e., the sponsor and the Department, shall include provisions in the Standby Support Contract that specify the procedures set forth in this subpart for the resolution of disputes under a Standby Support Contract. Sections 950.31 and 950.32 address disputes involving covered events; §§ 950.33 and 950.34 address disputes involving covered costs; and §§ 950.36 and 950.37 address disputes involving other contract matters. | |||||
| 10:10:5.0.2.5.41.4.16.2 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | D | Subpart D—Dispute Resolution Process | § 950.31 Covered event dispute resolution. | DOE | (a) If a sponsor disagrees with the Covered Event Determination rendered in accordance with § 950.22 and cannot resolve the dispute informally with the Claims Administrator, then the disagreement is subject to resolution as follows: (1) A sponsor shall, within thirty (30) days of receipt of the Covered Event Determination, deliver to the Claims Administrator written notice of a sponsor's rebuttal which sets forth reasons for its disagreement, including any expert opinion obtained by the sponsor. (2) After submission of the sponsor's rebuttal to the Claims Administrator, the parties shall have fifteen (15) days during which time they must informally and in good faith participate in mediation to attempt to resolve the disagreement before instituting the process under paragraph (b) of this section. If the parties reach agreement through mediation, the agreement shall constitute a Final Determination on Covered Events. (3) The parties shall jointly select the mediator(s). The parties shall share equally the cost of the mediation. (b) If the parties cannot resolve the disagreement through mediation under the timeframe established under paragraph (a)(2) of this section and the sponsor elects to continue pursuing the claim, the sponsor shall within ten (10) days submit any remaining issues in controversy to the Civilian Board of Contract Appeals (Civilian Board) or its successor, for resolution by an Administrative Judge of the Civilian Board utilizing the Civilian Board's Summary Binding Decision procedure. The parties shall abide by the procedures of the Civilian Board for Summary Binding Decision. The parties agree that the decision of the Civilian Board constitutes a Final Determination on Covered Events. | |||||
| 10:10:5.0.2.5.41.4.16.3 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | D | Subpart D—Dispute Resolution Process | § 950.32 Final determination on covered events. | DOE | (a) If the parties reach a Final Determination on Covered Events through mediation, or Summary Binding Decision as set forth in this subpart, the Final Determination on Covered Events is a final settlement of the issue, made by the sponsor and the Program Administrator. The sponsor, and the Department, may rely on, and neither may challenge, the Final Determination on Covered Events in any future Certification of Covered Costs related to the covered event that was the subject of that Initial Determination. (b) The parties agree that no appeal shall be taken or further review sought, and that the Final Determination on Covered Events is final, conclusive, non-appealable and may not be set aside, except for fraud. | |||||
| 10:10:5.0.2.5.41.4.16.4 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | D | Subpart D—Dispute Resolution Process | § 950.33 Covered costs dispute resolution. | DOE | (a) If a sponsor disagrees with the Claim Determination rendered in accordance with § 950.24 and cannot resolve the dispute informally with the Claims Administrator, then the parties agree that any dispute must be resolved as follows: (1) A sponsor shall, within thirty (30) days of receipt of the Claim Determination, deliver to the Claims Administrator in writing notice of and reasons for its disagreement (Sponsor's Rebuttal), including any expert opinion obtained by the sponsor. (2) After submission of the sponsor's rebuttal to the Claims Administrator, the parties have fifteen (15) days to informally and in good faith participate in mediation to resolve the disagreement before instituting the process under paragraph (b) of this section. If the parties reach agreement through mediation, the agreement shall constitute a Final Claim Determination. (3) The parties shall jointly select the mediator(s). The parties shall share equally the cost of the mediator(s). (b) If the parties cannot resolve the disagreement through mediation under the timeframe established under paragraph (a)(2) of this section, any remaining issues in controversy shall be submitted by the sponsor within ten (10) days to the Civilian Board or its successor, for resolution by an Administrative Judge of the Civilian Board utilizing the Board's Summary Binding Decision procedure. The parties shall abide by the procedures of the Civilian Board for Summary Binding Decision. The parties agree that the decision of the Civilian Board shall constitute a Final Claim Determination. | |||||
| 10:10:5.0.2.5.41.4.16.5 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | D | Subpart D—Dispute Resolution Process | § 950.34 Final claim determination. | DOE | (a) If the parties reach a Final Claim Determination through mediation, or Summary Binding Decision as set forth in this subpart, the Final Claim Determination is a final settlement of the issue, made by the sponsor and the Program Administrator. (b) The parties agree that no appeal shall be taken or further review sought and that the Final Claim Determination is final, conclusive, non-appealable, and may not be set aside, except for fraud. | |||||
| 10:10:5.0.2.5.41.4.16.6 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | D | Subpart D—Dispute Resolution Process | § 950.35 Payment of final claim determination. | DOE | Once a Final Claim Determination is reached by the methods set forth in this subpart, the parties intend that such a Final Claim Determination shall constitute a final settlement of the claim and the sponsor may immediately present to the Department a Final Claim Determination for payment. | |||||
| 10:10:5.0.2.5.41.4.16.7 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | D | Subpart D—Dispute Resolution Process | § 950.36 Other contract matters in dispute. | DOE | (a) If the parties disagree over terms or conditions of the Standby Support Contract other than disagreements related to covered events or covered costs, then the parties shall engage in informal dispute resolution as follows: (1) The parties shall engage in good faith efforts to resolve the dispute after written notification by one party to the other that there is a contract matter in dispute. (2) If the parties cannot reach a resolution of the matter in disagreement within thirty (30) days of the written notification of the matter in dispute, then the parties shall have fifteen (15) days during which time they must informally and in good faith participate in mediation to attempt to resolve the disagreement before instituting the process under paragraph (b) of this section. If the parties reach agreement through mediation, the agreement shall constitute a Final Agreement on the matter in dispute. (3) The parties shall jointly select the mediator(s). The parties shall share equally the cost of the mediation. (b) If the parties cannot resolve the disagreement through mediation under the timeframe established in paragraph (a)(2) of this section and either party elects to continue pursuing the disagreement, that party shall within ten (10) days submit any remaining issues in controversy to the Civilian Board or its successor, for resolution by an Administrative Judge of the Civilian Board utilizing the Civilian Board's Summary Binding Decision procedure. The parties shall abide by the procedures of the Civilian Board for Summary Binding Decision. The parties shall agree that the decision of the Civilian Board constitutes a Final Decision on the matter in dispute. | |||||
| 10:10:5.0.2.5.41.4.16.8 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | D | Subpart D—Dispute Resolution Process | § 950.37 Final agreement or final decision. | DOE | (a) If the parties reach a Final Agreement on a contract matter in dispute through mediation, or a Final Decision on a contract matter in dispute through a Summary Binding Decision as set forth in this subpart, the Final Agreement or Final Decision is a final settlement of the contract matter in dispute, made by the sponsor and the Program Administrator. (b) The parties agree that no appeal shall be taken or further review sought, and that the Final Agreement or Final Decision is final, conclusive, non-appealable and may not be set aside, except for fraud. | |||||
| 10:10:5.0.2.5.41.5.16.1 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | E | Subpart E—Audit and Investigations and Other Provisions | § 950.40 General. | DOE | The parties shall include a provision in the Standby Support Contract that specifies the procedures in this subpart for the monitoring, auditing and disclosure of information under a Standby Support Contract. | |||||
| 10:10:5.0.2.5.41.5.16.2 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | E | Subpart E—Audit and Investigations and Other Provisions | § 950.41 Monitoring/Auditing. | DOE | The Department has the right to audit any and all costs associated with the Standby Support Contracts. Auditors who are employees of the United States government, who are designated by the Secretary of Energy or by the Comptroller General of the United States, shall have access to, and the right to examine, at the sponsor's site or elsewhere, any pertinent documents and records of a sponsor at reasonable times under reasonable circumstances. The Secretary may direct the sponsor to submit to an audit by a public accountant or equivalent acceptable to the Secretary. | |||||
| 10:10:5.0.2.5.41.5.16.3 | 10 | Energy | III | 950 | PART 950—STANDBY SUPPORT FOR CERTAIN NUCLEAR PLANT DELAYS | E | Subpart E—Audit and Investigations and Other Provisions | § 950.42 Disclosure. | DOE | Information received from a sponsor by the Department may be available to the public subject to the provision of 5 U.S.C. 552, 18 U.S.C. 1905 and 10 CFR part 1004; provided that: (a) Subject to the requirements of law, information such as trade secrets, commercial and financial information that a sponsor submits to the Department in writing shall not be disclosed without prior notice to the sponsor in accordance with Department regulations concerning the public disclosure of information. Any submitter asserting that the information is privileged or confidential should appropriately identify and mark such information. (b) Upon a showing satisfactory to the Program Administrator that any information or portion thereof obtained under this regulation would, if made public, divulge trade secrets or other proprietary information, the Department may not disclose such information. | |||||
| 15:15:4.1.2.4.18.0.17.1 | 15 | Commerce and Foreign Trade | IX | D | 950 | PART 950—ENVIRONMENTAL DATA AND INFORMATION | § 950.1 Scope and purpose. | NOAA | This part describes the Environmental Data and Information Service (EDIS), a major program element of the National Oceanic and Atmospheric Administration, and EDIS management of environmental data and information. | ||||||
| 15:15:4.1.2.4.18.0.17.2 | 15 | Commerce and Foreign Trade | IX | D | 950 | PART 950—ENVIRONMENTAL DATA AND INFORMATION | § 950.2 Environmental Data and Information Service (EDIS). | NOAA | The Environmental Data and Information Service is the first Federal organization created specifically to manage environmental data and information. EDIS acquires, processes, archives, analyzes, and disseminates worldwide environmental (atmospheric, marine, solar, and solid Earth) data and information for use by commerce, industry, the scientific and engineering communities, and the general public, as well as by Federal, State, and local governments. It also provides experiment design and data management support to large-scale environmental experiments; assesses the impact of environmental fluctuations on food production, energy production and consumption, environmental quality, and other economic systems; and manages or provides functional guidance for NOAA's scientific and technical publication and library activities. In addition, EDIS operates related World Data Center-A subcenters and participates in other international data and information exchange programs. To carry out this mission, EDIS operates a network of specialized service centers and a computerized environmental data and information retrieval service. | ||||||
| 15:15:4.1.2.4.18.0.17.3 | 15 | Commerce and Foreign Trade | IX | D | 950 | PART 950—ENVIRONMENTAL DATA AND INFORMATION | § 950.3 National Climatic Center (NCC). | NOAA | The National Climatic Center acquires, processes, archives, analyzes, and disseminates climatological data; develops analytical and descriptive products to meet user requirements; and provides facilities for the World Data Center-A (Meteorology). It is the collection center and custodian of all United States weather records, the largest of the EDIS centers, and the largest climatic center in the world. (a) Climatic data available from NCC include: (1) Hourly Surface Observations from Land Stations (ceiling, sky cover, visibility, precipitation or other weather phenomena, obstructions to vision, pressure, temperature, dew point, wind direction, wind speed, gustiness). (2) Three-Hourly and Six-Hourly Surface Observations from Land Stations, Ocean Weather Stations, and Moving Ships (variable data content). (3) Upper Air Observations (radiosondes, rawinsondes, rocketsondes, low-level soundings, pilot-balloon winds, aircraft reports). (4) Radar Observations (radar log sheets, radar scope photography). (5) Selected Maps and Charts (National Meteorological Center products). (6) Derived and Summary Data (grid points, computer tabulations, digital summary data). (7) Special Collections (Barbados Oceanographic and Meteorological Experiment meteorological data, Global Atmospheric Research Program basic data set, solar radiation data, many others). (b) Queries should be addressed to: National Climatic Center, National Oceanic and Atmospheric Administration, Asheville, NC 28801, tel. 704-258-2850, Ext. 683. | ||||||
| 15:15:4.1.2.4.18.0.17.4 | 15 | Commerce and Foreign Trade | IX | D | 950 | PART 950—ENVIRONMENTAL DATA AND INFORMATION | § 950.4 National Oceanographic Data Center (NODC). | NOAA | The National Oceanographic Data Center acquires, processes, archives, analyzes, and disseminates oceanographic data; develops analytical and descriptive products to meet user requirements; and provides facilities for the World Data Center-A (Oceanography). It was the first NODC established and houses the world's largest usuable collection of marine data. (a) Oceanographic data available from NODC include: (1) Mechanical and expendable bathytheremograph data in analog and digital form. (2) Oceanographic station data for surface and serial depths, giving values of temperature, salinity, oxygen, inorganic phosphate, total phosphorus, nitrite-nitrogen, nitrate-nitrogen, silicate-silicon, and pH. (3) Continuously recorded salinity-temperature-depth data in digital form. (4) Surface current information obtained by using drift bottle or calculated from ship set and drift. (5) Biological data, giving values of plankton standing crop, chlorophyll concentrations, and rates of primary productivity. (6) Other marine environmental data obtained by diverse techniques, e.g., instrumented buoy data, and current meter data. (b) Queries should be addressed to: National Oceanographic Data Center, National Oceanic and Atmospheric Administration, Washington, DC 20235, tel. 202-634-7500. | ||||||
| 15:15:4.1.2.4.18.0.17.5 | 15 | Commerce and Foreign Trade | IX | D | 950 | PART 950—ENVIRONMENTAL DATA AND INFORMATION | § 950.5 National Geophysical and Solar-Terrestrial Data Center (NGSDC). | NOAA | The National Geophysical and Solar-Terrestrial Data Center acquires, processes, archives, analyzes, and disseminates solid Earth and marine geophysical data as well as ionospheric, solar, and other space environment data; develops analytical, climatological, and descriptive products to meet user requirements; and provides facilities for World Data Center-A (Solid-Earth Geophysics, Solar Terrestrial Physics, and Glaciology). (a) Geophysical and solar-terrestrial data available from NGSDC include: (1) Marine geology and geophysics. Bathymetric measurement; seismic reflection profiles; gravimetric measurements; geomagnetic total field measurements; and geological data, including data on heat flow, cores, samples, and sediments. (2) Solar-Terrestrial physics. Ionosphere data, including ionograms, frequency plots, riometer and field-strength strip charts, and tabulations; solar activity data; geomagnetic variation data, including magnetograms; auroral data; cosmic ray data; and airglow data. (3) Seismology. Seismograms; accelerograms; digitized strong-motion accelerograms; earthquake data list (events since January 1900); earthquake data service with updates on a monthly basis. (4) Geomagnetic main field. Magnetic survey data and secular-change data tables. (b) Queries should be addressed to: National Geophysical and Solar-Terrestrial Data Center, National Oceanic and Atmospheric Administration, Boulder, CO 80303, tel. 303-499-1000, ext. 6215. | ||||||
| 15:15:4.1.2.4.18.0.17.6 | 15 | Commerce and Foreign Trade | IX | D | 950 | PART 950—ENVIRONMENTAL DATA AND INFORMATION | § 950.6 Environmental Science Information Center (ESIC). | NOAA | ESIC is NOAA's information specialist, librarian, and publisher. ESIC coordinates NOAA's library and information services and its participation in the national network of scientific information centers and libraries. Computerized literature searches provide information from over 80 data bases. The complete list of data bases is available on request. All ESIC information facilities provide the normal library tailored information and reference services. As NOAA's publisher of scientific and technical information, ESIC reviews, edits, and processes NOAA manuscripts for publication. (a) Services available from ESIC include: (1) Reference services. Some services are provided on a cost-recovery basis to non-NOAA individuals. (2) Publication copy services. Copies of NOAA publications are provided on request from qualified users, including governments, universities, non-profit organizations, professional societies, chambers of commerce, public information media, and individuals and organizations having cooperative or exchange agreements with NOAA. (3) Bibliographies. Special bibliographies are prepared on request. When provided to non-NOAA individuals, service is on a full cost-recovery basis. (4) Current awareness services. Periodically provides announcements of titles of newly published NOAA scientific and technical publications. (5) Lending services. Materials are loaned to other libraries and to NOAA employees. (6) On-site use of library collections. (7) Publishing services. Includes providing refereeing, reviewing, editing, and publishing services for NOAA authors of manuscripts destined for both NOAA and non-NOAA publication series. (b) Queries should be addressed to: Environmental Science Information Center, National Oceanic and Atmospheric Administration, Rockville, MD 20852, tel. 301-443-8137. | ||||||
| 15:15:4.1.2.4.18.0.17.7 | 15 | Commerce and Foreign Trade | IX | D | 950 | PART 950—ENVIRONMENTAL DATA AND INFORMATION | § 950.7 Center for Environmental Assessment Services (CEAS). | NOAA | EDIS assists National decisionmakers in solving problems by providing data analyses, applications, assessments, and interpretations to meet their particular requirements. Many of these services are provided by the EDIS Center for Environmental Assessment Services (CEAS). (a) The following are examples of CEAS projects and services: (1) CEAS prepares data-based studies and weekly assessments of potential effects of climatic fluctuations on National and global grain production. (2) CEAS provides environmental analyses and assessments to support efficient and effective planning, site selection, design, construction, and operation of supertanker ports and offshore drilling rigs. Such planning depends heavily upon environmental assessments. (3) During the heating season, CEAS issues monthly and seasonal projections of natural gas demand for multi-State regions of the conterminous United States. Similar projections are made for electricity during the cooling season. (4) CEAS has developed and makes available when needed a statistical oil spill trajectory risk model based on historical meteorological and oceanographic data. (5) The center has analyzed the potential ecological effects of the planned disposal of huge volumes of saturated brine into Gulf waters for the National Strategic Petroleum Reserve and may be called on to provide similar services in other subject areas. (6) CEAS provides experiment design, data analysis, and data management support to project managers and produces merged, validated multidisciplinary data sets for international and national study (such undertakings as the recent key role in the Global Atmospheric Research Program (GARP) experiments). (7) CEAS provides special data or information as required. Currently the Center is assembling an inventory of cruises and a global oceanographic data base from observations taken during the First GARP Global Experiment (FGGE). (b) Additional information on these or related services can be obtained by writing: Director, Center for Environmental A… | ||||||
| 15:15:4.1.2.4.18.0.17.8 | 15 | Commerce and Foreign Trade | IX | D | 950 | PART 950—ENVIRONMENTAL DATA AND INFORMATION | § 950.8 Satellite Data Services Division (SDSD). | NOAA | The Satellite Data Services Division of the EDIS National Climatic Center provides environmental and earth resources satellite data to other users once the original collection purposes ( i.e. , weather forecasting) have been satisfied. The division also provides photographs collected during NASA's SKYLAB missions. (a) Satellite data available from SDSD include: (1) Data from the TIROS (Television InfraRed Observational Satellite) series of experimental spacecraft; much of the imagery gathered by spacecraft of the NASA experimental NIMBUS series; full-earth disc photographs from NASA's Applications Technology Satellites (ATS) I and III geostationary research spacecraft; tens of thousands of images from the original ESSA and current NOAA series of Improved TIROS Operational Satellites; and both full-disc and sectorized images from the Synchronous Meteorological Satellites (SMS) 1 and 2, the current operational geostationary spacecraft. In addition to visible light imagery, infrared data are available from the NIMBUS, NOAA, and SMS satellites. Each day, SDSD receives about 239 negatives from the polar-orbiting NOAA spacecraft, more than 235 SMS-1 and 2 negatives, and several special negatives and movie film loops. (2) Photographs (both color and black-and-white) taken during the three SKYLAB missions (May through June, 1973, July through September, 1973, and November 1973 through February 1974). (b) Queries should be addressed to: Satellite Data Services Division, World Weather Building, Room 606, Washington, DC 20233, tel. 301-763-8111. | ||||||
| 15:15:4.1.2.4.18.0.17.9 | 15 | Commerce and Foreign Trade | IX | D | 950 | PART 950—ENVIRONMENTAL DATA AND INFORMATION | § 950.9 Computerized Environmental Data and Information Retrieval Service. | NOAA | The Environmental Data Index (ENDEX) provides rapid, automated referral to multidiscipline environmental data files of NOAA, other Federal agencies, state and local governments, and universities, research institutes, and private industry. A computerized, information retrieval service provides a parallel subject-author-abstract referral service. A telephone call to any EDIS data or information center or NOAA library will allow a user access to these services. |
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