Spent Nuclear Fuel Clause Samples

Spent Nuclear Fuel. The Parties hereby agree that: (a) CEG shall be entitled to any funds received from the Department of Energy that reimburse CEG for any costs expended by CEG, CENG and their Subsidiaries prior to November 6, 2009 for the storage of Spent Nuclear Fuel at the Facilities. Any other funds received by CEG from the Department of Energy representing the default by the Department of Energy on contracts with CENG or any of the Subsidiaries of CENG shall belong to CENG and the Subsidiaries of CENG. (b) CEG will retain and prosecute the Department of Energy Claim and CENG will retain the right to commence and prosecute the Department of Energy Potential Claim, in each case in a manner consistent with its best judgment. CENG shall be entitled to any funds received from the Department of Energy that reimburse CENG for any costs expended by CENG and its Subsidiaries in relation to the resolution of the Department of Energy Potential Claim. (c) For purposes of this Section 3.15, the following terms have the following meanings:
Spent Nuclear Fuel. Irradiated fuel resulting from the use of Nuclear Fuel in a Unit, or produced or remaining as a result of the operation of such Unit.
Spent Nuclear Fuel. From and after the Closing Date, Purchaser shall assume title to, and all liabilities and obligations for the storage and disposal of, Spent Nuclear Fuel presently stored at the Facilities (including any such fuel which may have been used in connection with generating Seller's share of electricity at the Facilities). From and after the Closing Date, Purchaser shall have all rights of recovery from third parties and the Department of Energy relating to, arising from or in connection with the Department of Energy's failure to take Spent Nuclear Fuel.
Spent Nuclear Fuel. 24 2.7 Department of Energy Decommissioning and Decontamination Fees 24 2.8 Control of Litigation........................................ 25
Spent Nuclear Fuel. Under provisions of the Nuclear Waste Policy Act of 1982, Duke Energy contracted with the DOE for the disposal of spent nuclear fuel. The DOE failed to begin accepting spent nuclear fuel on January 31, 1998, the date specified by the Nuclear Waste Policy Act and in Duke Energy’s contract with the DOE. In 1998, Duke Energy filed a claim with the U.S. Court of Federal Claims against the DOE related to the DOE’s failure to accept commercial spent nuclear fuel by the required date. Damages claimed in the lawsuit are based upon Duke Energy’s costs incurred as a result of the DOE’s partial material breach of its contract, including the cost of securing additional spent fuel storage capacity. Duke Energy will continue to safely manage its spent nuclear fuel until the DOE accepts it.
Spent Nuclear Fuel