Agreement to Withold Company Property by waz50105

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									Waste Services Contract - Customer Comments and LLW Repository Ltd Responses to Draft Version 2.0 Documents

This Spreadsheet presents Customers Comments and LLW Repository Ltd Responses to the suite of documents that make up Draft Version 2.0 of the Waste Services Contract. The information has
been set out to allow Customers to search for specific data. Each Comment has an ID and also states who raised the comment, the topic it covers, which Contract Schedule it relates to and the relevant
Clause or Document Code. Each Column can be sorted or filtered to look for comments against a particular Customer, Schedule, Clause or Document. It is initially sorted by ID.
                                                                                                                                                                                                                    Total:      297
Finally, each response from LLW Repository Ltd has been given a status of: Agreed, Responded, Challenged or Rejected. The status means:                                                                             Agreed:     166   56%
Agreed - This is used for simple typo or grammatical corrections that have been amended or where LLW Repository Ltd agrees with the comment and has responded accordingly
                                                                                                                                                                                                                    Responded: 125    42%
Responded - This is used where LLW Repository Ltd has responded to a question or where an amendment has been made that is slightly different to the comment but still addresses it
Challenged - This is used where LLW Repository Ltd has provided a response that challenges the Customer's comment and / or no amendment isproposed.                                                                 Challenged: 5     2%
Rejected - This is used where LLW Repository Ltd has rejected a proposed amendment or where the comment itself has been rejected                                                                                    Rejected:   1     0%



ID        Raised by        Topic                   Schedule      Clause / Reference       Customer Comment                                               LLW Repository Ltd Response                            Status
BE001     British Energy   Waste Acceptance        Schedule 4    General Comment          The new WAC are completely new documents and as                Noted. As discussed, we intend to publish a web        Agreed
                           Criteria                                                       such are much improved, however, it would be useful to         based guidance document within six months to
                                                                                          have a list of the old CfA requirements and where they         alleviate the concerns about judgements and decisions.
                                                                                          translate into the new documents or a confirmation that
                                                                                          the clause is no longer required. We still have concerns
                                                                                          that LLWR are going to be making judgements and
                                                                                          decisions based on a set of criteria or parameters that
                                                                                          the customer cannot currently see.

BE002     British Energy   Waste                   Schedule 5    General Comment          The waste characterisation documentation is much               Noted.                                                     Agreed
                           Characterisation                                               improved.
                           Process
BE003     British Energy   Waste Acceptance        Schedule 4    General Comment          We have concerns over the term „Suitable Supporting            Noted. As discussed, we intend to publish a web        Agreed
                           Criteria                                                       Justification‟ – this could be very wide ranging and           based guidance document within six months to
                                                                                          there is no test of what is reasonable or any limit on the     alleviate the concerns about judgements and decisions.
                                                                                          time, money or trouble that the customer may have to            The contract itself does cover us working co-
                                                                                          go to in order to satisfy the condition (see point 1           operatively and reasonably.
                                                                                          above).
BE004     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-OVR              Section 1.5, Page 5 – typo at beginning of sentence.           Agreed, amended in Final Draft.                            Agreed
                           Criteria - Overview
BE005     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-OVR              Section O1.2, Page 6 – the previous comment about              We do agree with this point. However, this is the          Responded
                           Criteria - Overview                                            the definition of LLW remains.                                 definition in both Government Policy and our own
                                                                                                                                                         Authorisation. We therefore propose to keep it as this
                                                                                                                                                         definition.
BE006     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-OVR              Section O1.4, Page 7 – it would probably worth noting          A definition of Exemption Orders is now included in the    Agreed
                           Criteria - Overview                                            the changes expected later this year on Exemption              document with a note that these are currently under
                                                                                          Orders if only for people less familiar who may                review by Government.
                                                                                          otherwise invest time and money on meeting these
                                                                                          criteria and then finding they are changing (also applies
                                                                                          on Page 13).
BE007     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-OVR              Section O2.1, Page 9 – Exempt Waste should be in               Agreed, amended in Final Draft.                            Agreed
                           Criteria - Overview                                            italics.
BE008     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-OVR              Section O2.2, Page 9 – the Supercompactable waste              Agreed, amended in Final Draft.                            Agreed
                           Criteria - Overview                                            treatment service treatment can be by shredding and/or
                                                                                          HFC I would suggest.
BE009     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-OVR              Section 3, Page 14 – there is a reference error for            Agreed, amended in Final Draft.                            Agreed
                           Criteria - Overview                                            „Disposal Container(s)‟.
BE010     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-OVR              Section 3, Page 14 – there can be operational legacy           Agreed, amended in Final Draft.                            Agreed
                           Criteria - Overview                                            wastes as well as those associated with
                                                                                          decommissioning (Legacy Waste definition).
BE011     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-OVR              Section 3, Page 15, Supercompactable Waste                     Agreed, a definition of Reassertion has now been           Agreed
                           Criteria - Overview                                            definition – you have the word “Reassertion” in italics        added.
                                                                                          but is not defined elsewhere.
BE012     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-MET              Section M1.1, Page 7 – it is not clear what this means.        The ultimate objective for LLW Repository Ltd is to      Responded
                           Criteria - Metallic                                            If metal is VLLW is it expected to be segregated and           avoid waste going into the Repository if it doesn't need
                           Waste Treatment                                                sent for disposal in landfill or treated and the majority of   to go there. Therefore if metal is VLLW then we would
                                                                                          the waste sent as exempt with a small fraction to              prefer it to be segregated out but there may be
                                                                                          LLWR? It is not clear as currently written.                    occasions where it makes more sense to treat it with
                                                                                                                                                         other metal and exempt a larger volume overall. This is
                                                                                                                                                         why M1.1 is flexible. The WAC Overview now provides
                                                                                                                                                         more information on the Waste Hierarchy. Don't
                                                                                                                                                         propose to change this text.
BE013     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-MET              Section M3.7, Page 15 – this clause may need to be             Agreed. We will consider this in the future when         Agreed
                           Criteria - Metallic                                            revised later if VLLW is being sent to LLWR for onward         required.
                           Waste Treatment                                                disposal as it could well be sent with a mixture of other
                                                                                          (segregated) wastes.
BE014     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-SUP              General comment is that it is not immediately clear how        We have now amended the WAC Overview. Our                  Agreed
                           Criteria -                                                     this document works alongside VLLW. Is it intended             intention is that VLLW would be segregated out prior to
                           Supercompactable                                               that VLLW will be supercompacted where appropriate             supercompaction.
                           Waste Treatment                                                or removed from the process earlier than this? From
                                                                                          earlier documents it appeared that VLLW was lower in
                                                                                          the waste hierarchy. Please advise.

BE015     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-SUP              Section S3.1.1, Page 15 – why can bags not be filled           We are only aware of one 100% reassertable waste           Responded
                           Criteria -                                                     with all of one thing e.g. rubber gloves or boots? This        consignment having been accepted in the past. Entire
                           Supercompactable                                               was always acceptable in the past and often gets               bgs full of reassertable waste cause problems during
                           Waste Treatment                                                returned to us for disposal in this way. Could there be a      pre-compaction at WAMAC. We may be able to
                                                                                          max bag size for all one waste type?                           consider this on a case by case basis. We have
                                                                                                                                                         included text that allows a Variation Form to be
                                                                                                                                                         submitted to cover this point.
BE016     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-SUP              Section S3.3, Page 16 – our waste identifier „03BE‟            The AAAAA Format was meant to represent the                Responded
                           Criteria -                                                     does not fit the “AAAAA” format, and would not be              maximum number of five characters that could be
                           Supercompactable                                               compliant (though note that we are likely to have to           required. It is fine to use 03BE. Please let us know
                           Waste Treatment                                                change to 03EDF in due course).                                when you wish to transfer to 03EDF.
BE017     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-SUP              Section S3.4.2, Page 18 – our FH ISO NC02 can carry            Whilst the NC01 can carry bagged waste, we do not          Responded
                           Criteria -                                                     bagged material as stated in its certificate of                accept bagged waste in Full Heights, as normal
                           Supercompactable                                               compliance, can this be accepted? I would expect that          practice, at WAMAC as this requires significant extra
                           Waste Treatment                                                the waste types accepted should be linked to the               manual handling to transfer from the Drum Receipt to
                                                                                          certificate of compliance.                                     the Skip Receipt area. Bagged waste can be
                                                                                                                                                         consigned in the Type 0075 (TC05) as normal prcatice.
                                                                                                                                                          If there was a need for bagged waste to come in a Full
                                                                                                                                                         Height, we could consider this through a Waste
                                                                                                                                                         Consignment Variation Form.
BE018     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-SUP              Section S3.4.2, Page 18 – penultimate bullet refers to         Agreed, amended in Final Draft.                            Agreed
                           Criteria -                                                     “ISO skip” suggest should be „FH ISO‟
                           Supercompactable
                           Waste Treatment
BE019     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-SUP              Section S3.6, Page 18 – is the container venting not           This applies to the Type 0075 (TC05) and some Full         Responded
                           Criteria -                                                     just HH ISOs?                                                  Height designs. We have amended the text to state
                           Supercompactable                                                                                                              "when required".
                           Waste Treatment
BE020     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-SUP              Section S3.8, Page 19 – this will not be true if VLLW is       We have now amended the WAC Overview. Our                  Agreed
                           Criteria -                                                     compacted as there will be likely to be a mix of wastes        intention is that VLLW would be segregated out prior to
                           Supercompactable                                               in one ISO.                                                    supercompaction.
                           Waste Treatment
BE021     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-SUP              Section S4.3, Page 21 – the penultimate bullet asks us         We have amended the text to make it clear that weight      Responded
                           Criteria -                                                     to segregate the waste types in the ISO, but this is in        distribution is an important consideration and the
                           Supercompactable                                               conflict with point S3.4.2 and is likely to lead to            segregation should be done as far as possible but still
                           Waste Treatment                                                instability in the lift as drums and filters are very          making sure weight is distributed. This could be
                                                                                          different weights.                                             achieved by placing filters in groups at each end of the
                                                                                                                                                         Container with drums in the middle for example.

BE022     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-SUP              Section S4.5, Page 21 – what happened to the 100%              Agreed, amended in Final Draft.                            Agreed
                           Criteria -                                                     reassertable waste option? We thought the max 30%
                           Supercompactable                                               reassertable was the standard condition for any drum.
                           Waste Treatment
BE023     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-LOW              Section L1.1, Page 7 – note that some of our                   Noted. Authorisation limitations would be considered       Responded
                           Criteria - Low Level                                           authorisations will not allow this at this time. Waste that    during the Waste Enquiry process and could form part
                           Waste Disposal                                                 has already been treated should also be included in the        of the Suitable Supporting Justification. We consider
                                                                                          list of acceptable wastes e.g. encapsulated waste in           encapsulated waste to be covered in L1.1 as waste not
                                                                                          drums.                                                         suitable for treatment.

BE024     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-LOW              Section L1.8, Page 8 – what is the test to which it            This is now covered in the Final Draft using the           Responded
                           Criteria - Low Level                                           refers?                                                        Leaching Test from the current GN01.
                           Waste Disposal
BE025     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-LOW              Section L1.13, Page 9 – we note the change to the              This is now covered in the Final Draft using the           Responded
                           Criteria - Low Level                                           condition for ion exchange resin, but would still like         Leaching Test from the current GN01.
                           Waste Disposal                                                 more guidance on what the requirements will be in
                                                                                          order to know whether we can meet them and how
                                                                                          much effort is involved. For example, will the leaching
                                                                                          requirements for hazardous waste apply here as well;
                                                                                          as they are different from those we are currently
                                                                                          following?
BE026     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-LOW              Section L2.3, Page 12 – why is the requirement for Pu          This has now been revised in the Final Draft. We do        Responded
                           Criteria - Low Level                                           isotopes different here to the Supercompaction WAC?            intend to revisit the Fisile Radionuclide Limits for Low
                           Waste Disposal                                                 Why is Pu-241 included in this requirement as it is            Level Waste Disposal in the future but for now, the
                                                                                          specifically excluded in the Supercompaction WAC               Supercompactable Waste Treatment and Low Level
                                                                                          (other than meeting 4 & 12 GBq/te)? Clarification is           Waste Disposal WACs are both now aligned. The
                                                                                          needed please.                                                 Waste Consignment Information Form has been
                                                                                                                                                         revised accordingly.
BE027     British Energy   Waste Acceptance        Schedule 4    WSC-WAC-LOW              Section L3.6, Page 15 – this is virtually impossible to        We understand the point. We have amended L3.6 to           Responded
                           Criteria - Low Level                                           calculate and will be in conflict with L3.5. There should      cover the current practice of submitting a Variation
                           Waste Disposal                                                 be some guidance for customers to help them work out           Form when Customers suspect that a Container will go
                                                                                          the likelihood of an overweight container – it is certainly    overweight.
                                                                                          not something we set out to do, but by maximising the
                                                                                          packing the weight increases and therefore takes little
                                                                                          grout to push it over the limit. How can this be avoided?

BE028     British Energy   Waste Acceptance        Schedule 5    WSC-WAP-OVR              Section 1.3, Page 5 – the Supercompactable waste               Agreed, amended in Final Draft.                            Agreed
                           Procedure Overview                                             treatment service treatment can be by shredding and/or
                                                                                          HFC I would suggest.
BE029     British Energy   Waste Acceptance        Schedule 5    WSC-WAP-OVR              Sections 4.2 and 4.3, Page 11 – is it possible to have         Yes, the "unless otherwise agreed" statement allows to Agreed
                           Procedure Overview                                             one afternoon delivery slot available in the week?             cover this. We are currently working on some major
                                                                                          Several of our stations (Heyshams, Hartlepool and              improvements to delivery arrangements. We will
                                                                                          potentially Hunterston and Torness) are able to make it        communicate these in due course. In the meantime,
                                                                                          to LLWR in one day and the current opening times               we will manage any afternoon delivery requests on a
                                                                                          mean that we have to incur additional costs of a two day       case by case basis. We have included a Delivery Time
                                                                                          trip to deliver the waste when they could leave site in        request on the Waste Consignment Transport Form,
                                                                                          the morning and arrive to deliver in the afternoon and         you can now use this to request a later delivery slot.
                                                                                          avoid the overnight parking up of the vehicle (and
                                                                                          potential dose to the driver if he has to remain with the
                                                                                          trailer).
BE030     British Energy   Waste Acceptance        Schedule 5    WSC-WAP-OVR              Page 15, Supercompactable Waste definition – you               Agreed, amended in Final Draft.                            Agreed
                           Procedure Overview                                             have the word “Reassertion” in italics but is not defined
                                                                                          elsewhere.
BE031     British Energy   Waste Acceptance        Schedule 5    WSC-WAP-OVR              My previous comment about the customer needing to              Agreed, this comment applies to Metallic Waste             Agreed
                           Procedure Overview                                             send the waste to LLWR for onward treatment                    Treatment so we have included additional text to make
                                                                                          elsewhere has not been addressed.                              it clear that there is an option to consign waste to the
                                                                                                                                                         Repository fir onward transfer. We have also included
                                                                                                                                                         this in the Overview Diagram.
BE032    British Energy   Waste              Schedule 5   WSC-GUI-WCH       General comment – care will need to be taken that the       Agreed in respect of the security information. We have        Responded
                          Characterisation                                  amount of information that is asked for does not lead to    added a comment to the Introduction of the Form that
                          Process                                           the document becoming restricted. The level and type        addresses the point about complex and more
                                                                            of information being asked for currently will most likely   straightforward wastestreams.
                                                                            lead to us having to pass the documents through our
                                                                            security department first. We felt more reassured by
                                                                            what was said at the meeting, but as written the Form
                                                                            does not appear to differentiate between the complex
                                                                            wastes and the more straightforward ones.

BE033    British Energy   Waste              Schedule 5   WSC-FOR-WCH       Section 6, Page 10 – what are “non-hazardous                Non-hazardous pollutants are less toxic than           Responded
                          Characterisation                                  pollutants”? Can we have examples?                          Hazardous Substances but could be harmful to
                          Process                                                                                                       groundwater, and the entry of these substances into
                                                                                                                                        groundwater must be limited. They include substances
                                                                                                                                        that contribute to eutrophication (abnormal growth of
                                                                                                                                        algae), in particular nitrates and phosphates, and
                                                                                                                                        compounds such as ammonia (which is present in
                                                                                                                                        sewage effluent).
BE034    British Energy   Waste              Schedule 5   WSC-FOR-WCH       Section 7, Page 11 – we still do not see why there is       A wastestream may include encapsulation for a          Responded
                          Characterisation                                  any need for a Waste Consignment Variation Form to          proportion of the waste with the same fingerprint.
                          Process                                           have to be filled in for encapsulated waste. The point of   However, some of the wastestream may not be
                                                                            this section is to outline the method of encapsulation      encapsulated. Therefore, the Waste Consignment
                                                                            and gain acceptance for the approach. In most cases,        Variation Form is required to link the encapsulated
                                                                            the waste will have been encapsulated because it is a       waste to a particular waste consignment. If all the
                                                                            requirement of the WAC and have gone through the            relevant information has been provided in the Waste
                                                                            Waste Characterisation Form process for approval.           Characterisation Form to support encapsulation, then
                                                                                                                                        the Variation Form can simply refer to the waste being
                                                                                                                                        encapsulated in accordance with the WCF using the
                                                                                                                                        wastestream identification code. We will revisit this
                                                                                                                                        issue in the future to look for possible enhancements.

BE035    British Energy   Waste              Schedule 5   WSC-FOR-WCH       Statement 4, Page 17 – can the word „excessively‟ be    Agreed, amended in Final Draft.                                   Agreed
                          Characterisation                                  inserted before “pessimistic assumptions”? There are
                          Process                                           good reasons why we have to err on the side of caution,
                                                                            but agree with the principle you are meaning.

BE036    British Energy   Waste              Schedule 5   WSC-GUI-WAS       The annotated Form at the back of the report needs          Agreed, amended in Final Draft.                               Agreed
                          Characterisation                                  updating to use the second draft version.
                          Process
GE 001   GE Healthcare Transition Plan       Transition   General Comment   GEHC propose for this first update there is a map           Agreed, we are working on the map that shows how              Responded
         / British Energy                    Plan                           which shows where the old arrangements have been            current arrangements have been transposed.
                                                                            transposed, or if appropriate replaced or revoked. This     Apologies for the delay. First draft comments
                                                                            provides a baseline for audit trail in the future and       spreadsheet has now been published.
                                                                            allows the operators to change their site compliance
                                                                            arrangements. Disappointingly this is a repeat request
                                                                            and it was agreed by LLWR at the 3rd Contract
                                                                            Workshop in December 2009 that this was a good
                                                                            idea.. Also LLWR have not produced as promised at
                                                                            3rd workshop a document detailing all comments and
                                                                            LLWR responses, nor notes of 3rd workshop

GE 002   GE Healthcare Terms and Conditions Schedule 1    General Comment   Customer Note on Front Page - This is a new addition.       This was discussed during our meeting on 18th                 Responded
         / British Energy                                                   When do we receive this additions? We cannot                February. We have now published the mising clauses
                                                                            reasonably be expected to approve a contract with           and agreed the relevant NDA flowdowns. On this
                                                                            missing clauses. What relevance do these NDA                basis, we are continuing with a single contract for all
                                                                            clauses have on the non-NDA operators; our contract is      Customers
                                                                            with LLWR Ltd not NDA? This and other "NDA
                                                                            clauses" point to the need for a non-NDA operators'
                                                                            contract
GE 003   GE Healthcare Service Pricing       Schedule 7   WSC-SPR-LIS       Need to address isotope surcharge uplift proposal.          Radioactivity Charges have always been calculated per Responded
         / British Energy Mechanisms                                        Disappointingly this is a repeat request                    MBq and this approach is retained. The new Pricing
                                                                                                                                        Approach means Customers who submit a Waste
                                                                                                                                        Forecasting Form in time will get their full allocation at
                                                                                                                                        the Discount Rate where as the old system would have
                                                                                                                                        had 20% at Discount and 80% at Standard. On this
                                                                                                                                        basis, a GBq of Ra-226 now costs £55,000 where as it
                                                                                                                                        would have cost £56,628.40 under the old system of
                                                                                                                                        20:80.
GE 004   GE Healthcare Terms and Conditions Schedule 1    Clause 1.2        The revision showing the hierarchy of documents has         Agreed, doesn't show as Schedule 31 in our version.        Agreed
         / British Energy                                                   increased the clarity. 1.1 c should be schedule 3 not       Will ensure it is correct for Final Draft.
                                                                            31. At time of writing, the BE/GE Legal review is
                                                                            ongoing. Additional comments should be provided
                                                                            during week commencing 15th February 2010

GE 005   GE Healthcare Terms and Conditions Schedule 1    Clause 4.1        This is still unacceptable. We cannot accept any            We have amended Clause 4.1 to provide additional              Agreed
         / British Energy                                                   unilateral right to change contract. There has toi be a     clarification on when the contract can be amended
                                                                            conultation and implementation period to ensure             including consultation and notice periods. To reflect
                                                                            reasonable time to cahnge arrangements to meet              this, we have added wording to each subsequent
                                                                            Nuclear Site and RSA compliance conditions on               clause that references changes by the Service
                                                                            management of change and disposal management                Manager to specify that this can only be done in
                                                                            arrangements. Please note the recent example of             accordance with the contract.
                                                                            transport changes with less than a weeks notice was
                                                                            not acceptable
GE 006   GE Healthcare Terms and Conditions Schedule 1    Clause 10.1       10.1 The Service Manager has obligations in Clause          This clause is simply intended to reflect shared         Responded
         / British Energy                                                   10.1 and elsewhere in the conditions; however it is not     objectives and requires the Service Manager to act in a
                                                                            a Party to the main Agreement. No definition of Service     spirit of mutual co-operation and trust. The Service
                                                                            manager                                                     Manager is an employee of LLW Repository Ltd and we
                                                                                                                                        have amended Clause 14.1 to set this context and
                                                                                                                                        enhanced the later Clauses to further define the role of
                                                                                                                                        the Service Manager.
GE 007   GE Healthcare Terms and Conditions Schedule 1    Clause 11.2       (4) and (5) The definition of Allocation Year is a period   The Allocation Year is a 12 month period commencing Responded
         / British Energy                                                   of 12 months commencing on an Allocation Review             on the Allocation Review Date. The forecasts will be
                                                                            Date. As the Allocation Review Date occurs on the           overwritten each time a new one is submitted and
                                                                            Commencement Date and then on each 1 April and              approved. Forecasts are now based on Calendar
                                                                            October in the service period, it appears that two          Years. There won't be two allocation years running
                                                                            Allocation Years run concurrently but 6 months apart.       concurrently. There will be one 12 month allocation
                                                                            Is this intended as it appears confusing? Is it intended    that is updated every six months, i.e. within a 12 month
                                                                            that the subsequent Allocation Year overrides the           forecast, the first six months are an update and the
                                                                            current one?                                                second six months are a new forecast.

GE 008   GE Healthcare Terms and Conditions Schedule 1    Clause 11.2       (13) As currently worded this allows LLWR to defer          We have amended the contract to include a 48 hour             Agreed
         / British Energy                                                   Delivery indefinitely – we require a further line which     time limit on delivery.
                                                                            specifies a period (48 hours) after which the
                                                                            consignment is deemed Delivered.
GE 009   GE Healthcare Terms and Conditions Schedule 1    Clause 11.2       (15) - (26) All changed and or new - generally minor.       Noted.                                                        Agreed
         / British Energy                                                   Most significant seems to be (16)- Excluded Loss
                                                                            means any loss of use, revenue, profit, anticipated
                                                                            saving, opportunity, sale of property or any indirect or
                                                                            special loss, whether or not such loss was foreseeable
                                                                            as at the date of this contract or any Delivery.

GE 010   GE Healthcare Terms and Conditions Schedule 1    Clause 11.2       (30) There has been no agreement of the LLW Waste           Agreed, drafted on assumption it will be published by         Responded
         / British Energy                                                   Management Strategy.                                        1st April 2010.

GE 011   GE Healthcare Terms and Conditions Schedule 1    Clause 11.2       (31) - (41) All changed and or new. Most significant        Noted.                                                        Agreed
         / British Energy                                                   (32), (33), (38) & (39) linking into Schedules 4 & 5
                                                                            WAC & WAP
GE 012   GE Healthcare Terms and Conditions Schedule 1    Clause 12.5       The addition of the NDA rights is new and                 This was discussed during our meeting on 18th                   Responded
         / British Energy                                                   unacceptable. At time of writing, the BE/GE Legal         February. We have now published the mising clauses
                                                                            review is ongoing. Additional comments should be          and agreed the relevant NDA flowdowns. On this
                                                                            provided during week commencing 15th February 2010        basis, we are continuing with a single contract for all
                                                                                                                                      Customers
GE 013   GE Healthcare Terms and Conditions Schedule 1    Clause 13.3       What is the “risk reduction meeting”?                     Risk Reduction Meetings are part of the NEC                     Responded
         / British Energy                                                                                                             terminology. Essentially, this is the two parties getting
                                                                                                                                      together if there is an issue to agree how the impact of
                                                                                                                                      the issue can be minimised in accordance with the
                                                                                                                                      early warning. The clauses are bascially promoting
                                                                                                                                      working together if problems arise. Clauses 16.2 and
                                                                                                                                      16.3 provide a procedure and purpose for risk
                                                                                                                                      reduction meetings.
GE 014   GE Healthcare Terms and Conditions Schedule 1    Clause 14.5       The amendments have not fully addressed the original We have amended Clause 4.1 to provide additional                     Agreed
         / British Energy                                                   comment. There is no definition of the Service manager clarification on when the contract can be amended
                                                                            nor the scope of the post's powers nor mechanism for      including consultation and notice periods. To reflect
                                                                            consultatiuon or appeal                                   this, we have added wording to each subsequent
                                                                                                                                      clause that references changes by the Service
                                                                                                                                      Manager to specify that this can only be done in
                                                                                                                                      accordance with the contract.
GE 015   GE Healthcare Terms and Conditions Schedule 1    Clause 16.2       We reserve our position until “risk reduction meeting” is We have retitled this as a Customer Meeting as agreed.          Responded
         / British Energy                                                   defined which disappointingly is a repeat request

GE 016   GE Healthcare Terms and Conditions Schedule 1    Clause 16.3       We reserve our position until “risk reduction meeting” is We have retitled this as a Customer Meeting as agreed. Responded
         / British Energy                                                   defined which disappointingly is a repeat request

GE 017   GE Healthcare Terms and Conditions Schedule 1    Clause 16.4       We require this to be defined and scoped to enable us       This Clause refers to changes in the Service                  Responded
         / British Energy                                                   to be able to determine acceptance of contract. The link    Information for a particular Waste Consignment
                                                                            of this cluase to clause 45 infers unlimited powers         following a decision made at a Risk Reduction meeting
                                                                            which is clearly unacceptable                               as defined above.
GE 018   GE Healthcare Terms and Conditions Schedule 1    Clause 17.1       Does notice require to be given to all the others? The      Should be viewed as parties carrying out services that        Responded
         / British Energy                                                   Parties should not be obliged to carry out any illegal      are unaware that actions within a service will be illegal
                                                                            acts by the Service Information even if the Service         or create avoidable delays and risks. Therefore aim is
                                                                            Manager does not agree to the change. Is it intended        to result in a more proactive communication line and
                                                                            that Service Information can include acts which fall        awareness of other parties needs where appropriate.
                                                                            short of illegality but are otherwise unacceptable or       There is no general filter that the terms will not apply if
                                                                            unreasonable.                                               considered unreasonable. This would generate too
                                                                                                                                        much uncertainty. However, the Service Information is
                                                                                                                                        presented in a Quotation. The Customer always has
                                                                                                                                        the option to reject the Quotation if it is unreasonable.


GE 019   GE Healthcare Terms and Conditions Schedule 1    Clause 18.3       The amendment does not address the original                 We have amended Clause 4.1 to provide additional              Responded
         / British Energy                                                   comment. We cannot accept unilateral changes to the         clarification on when the contract can be amended
                                                                            WAC (no consultation or implementation mechanism)           including consultation and notice periods. To reflect
                                                                            as this impacts on RSA and NSL compliance - see             this, we have added wording to each subsequent
                                                                            previous                                                    clause that references changes by the Service
                                                                                                                                        Manager to specify that this can only be done in
                                                                                                                                        accordance with the contract.
GE 020   GE Healthcare Terms and Conditions Schedule 1    Clause 19.1       It is not reasonable to have this provision one way, i.e    This Clause has been re-drafted in the Final Draft.           Agreed
         / British Energy                                                   LLWR cannot unreasonably withold consent to
                                                                            customer assignment. As before cannot accept Service
                                                                            Manager unilaterally changing WAC and impacting on
                                                                            operator compliance under RSA and NSL. There has to
                                                                            be a consultation, agreement and an implementation
                                                                            period.
GE 021   GE Healthcare Terms and Conditions Schedule 1    Clause 20         Annual Allocation – There appear to be no limitations         The terms do not impose any obligation on the             Responded
         / British Energy                                                   on how the Service Manager deals with the annual              Customer to use the Annual Allocation. It is expressed
                                                                            allocation request or the reasonableness of LLWR‟s            to be “available” to the Customer (subject to other legal
                                                                            assessment. Technical and other customer demand               and technical constraints on LLWR and the Repository)
                                                                            are constraints. How are competing customer                   LLWR would have no incentive to reduce or otherwise
                                                                            allocations to be dealt with – is there a procedure and       ration overall Annual Allocation.
                                                                            equitable treatment? In the current contract there are        Distribution of Annual Allocation between Customers
                                                                            fixed annual allocations, which are amended for               has been covered in the Waste Forecasting Guide.
                                                                            regulatory circumstances or by agreement – This is            Transfers can be done by agreement. The contract
                                                                            preferable, rather than a risk that the next annual           allows for this to happen but we have removed the
                                                                            allocation will not be accommodated. Is there an ability      complexity of the old allocation system from the
                                                                            for the Customer to transfer part of their annual             contract and put the text in the Guide.
                                                                            allocation to another customer or to receive part of
                                                                            another customer‟s allocation?

GE 022   GE Healthcare Terms and Conditions Schedule 1    Clause 21.4       This Clause is not clear and does not address the issue Agreed, this clause has been deleted. The Container      Agreed
         / British Energy                                                   of unilateral rights which is unacceptable              Supply Conditions are now referenced in the Waste
                                                                                                                                    Services Contract in Schedule 6. LLW Repository Ltd
                                                                                                                                    will be publishing these Conditions as soon as possible.

GE 023   GE Healthcare Terms and Conditions Schedule 1    Clause 21.5       This Clause is not clear and does not address the issue An annual allocation does not override other                     Responded
         / British Energy                                                   of unilateral rights which is unacceptable              constraints, and so is a limited commitment.
                                                                                                                                    Deletion of this clause would remove important
                                                                                                                                    limitations on LLWR‟s obligations. LLWR should not
                                                                                                                                    be obliged to do anything unlawful, in excess of Annual
                                                                                                                                    Allocation or in excess of regulatory or technical
                                                                                                                                    constraints.


GE 024   GE Healthcare Terms and Conditions Schedule 1    Clause 21.6       This preserves all LLWR‟s rights, even for their own      We have retained this clause as is. We believe that            Responded
         / British Energy                                                   errors where they have inspected and accepted             32.2 covers issues arising from errors by LLW
                                                                            something. Disappointingly this is a repeat request.      Repository Ltd in the Service Information.
                                                                            We cannot accept a one sided unlimited liability contract

GE 025   GE Healthcare Terms and Conditions Schedule 1    Clause 23.1       The provision of information to Others is wide ranging        Noted.                                                     Responded
         / British Energy                                                   and will need to be carefully considered in the context
                                                                            of confidentiality
GE 026   GE Healthcare Terms and Conditions Schedule 1    Clause 24.3       The amendment in 24.3 is acceptable. However, under           There is no restriction on LLWR‟s ability to engage sub- Responded
         / British Energy                                                   our specific RSA authorisation obligations and also           contracts to carry out Services as it remains liable, and
                                                                            general Duty of Care requirements we need both                so would only engage competent Sub-contractors. The
                                                                            details on waste subcontractors and right of veto.            proposed Sub-contractor will be outlined in the Waste
                                                                            LLWR should not assume that they alone possess all            Services Quotation. The Customer can always reject
                                                                            the requisite information about waste vendors.                the quotation if they have an issue with a certain sub-
                                                                                                                                          contractor.
GE 027   GE Healthcare Terms and Conditions Schedule 1    Clause 25.1       This is not wide enough to allow us to disclose any           This Clause has been re-drafted in the Final Draft.       Agreed
         / British Energy                                                   necessary information to any relevant subcontractors
                                                                            The provision needs to be back to back. At time of
                                                                            writing, the BE/GE Legal review is ongoing. Additional
                                                                            comments should be provided during week
                                                                            commencing 15th February 2010
GE 028   GE Healthcare Terms and Conditions Schedule 1    Clause 25.2       This does not address the original comment. As non-           This was discussed during our meeting on 18th              Responded
         / British Energy                                                   NDA organisations athough we recognise your                   February. We have now published the mising clauses
                                                                            obligations under NDA they are not ours. At time of           and agreed the relevant NDA flowdowns. On this
                                                                            writing, the BE/GE Legal review is ongoing. Additional        basis, we are continuing with a single contract for all
                                                                            comments should be provided during week                       Customers
                                                                            commencing 15th February 2010
GE 029   GE Healthcare Terms and Conditions Schedule 1    Clause 25.3       The ability to retain confidential information for legal or   Agreed, to be further amended in Final Draft.              Agreed
         / British Energy                                                   regulatory reasons after termination should apply to
                                                                            both parties
GE 030   GE Healthcare Terms and Conditions Schedule 1    Clause 26         New clause - when do we get sight of the M&O                  This was discussed during our meeting on 18th              Responded
         / British Energy                                                   clauses? What does acknowledgemnet of NDA                     February. We have now published the mising clauses
                                                                            obligations mean? We cannot accept the waiver to              and agreed the relevant NDA flowdowns. On this
                                                                            LLWR in complying with NDA obligations. At time of            basis, we are continuing with a single contract for all
                                                                            writing, the BE/GE Legal review is ongoing. Additional        Customers
                                                                            comments should be provided during week
                                                                            commencing 15th February 2010
GE 031   GE Healthcare Terms and Conditions Schedule 1    Clause 32         Note the mechanism for unilateral notification of the         The Clause does state that LLWR will issue a revised       Responded
         / British Energy                                                   new price when Service Information is unilaterally            Waste Services Quotation. This allows the Customer
                                                                            amended – delivery of any consignment after such              to accept the Quotation.
                                                                            notification is deemed acceptance of the new price.
                                                                            There is no mechanism for formal agreement
GE 032   GE Healthcare Terms and Conditions Schedule 1    Clause 32.2       If LLWR breaches, and there is a rebate to the                Where there is an amount due to the Customers, and         Responded
         / British Energy                                                   Customer, there needs to be a mechanism for payment           no set off against the provision of further Services by
                                                                            within a period of time, and interest.                        LLW Repository Ltd were available, then either LLW
                                                                                                                                          Repository Ltd will issue a Credit Note or the Customer
                                                                                                                                          could raise and deliver an invoice on LLW Repository
                                                                                                                                          Ltd. The statutory right to interest on late payment
                                                                                                                                          would apply.
GE 033   GE Healthcare Terms and Conditions Schedule 1    Clause 33.1       This new clause needs to be defined and scoped to             Agreed, we have now published the Container Supply         Agreed
         / British Energy                                                   allow us to determine whether to accept the contract          Conditions that define the payment arrangements for
                                                                                                                                          containers.
GE 034   GE Healthcare Terms and Conditions Schedule 1    Clause 41.1       The amendments do not adress the original comments.           Agreed, contract is to be executed as a deed and           Responded
         / British Energy                                                   We cannot accept time unlimited liabilities; previously       therefore limitation periods are generally 12 years.
                                                                            there has been application of a 10 year ststute of
                                                                            limitations. This provision must be time bounded.

GE 035   GE Healthcare Terms and Conditions Schedule 1    Clause 42         There is an unlimited indemnity (on the part of the           The reference to “indemnity” has been deleted and          Responded
         / British Energy                                                   Customer – that of LLWR is limited by the limitation of       replaced with an acknowledgement that each Party is
                                                                            liability clause – 45). This is not acceptable in terms of    liable to the other for claims arising from events which
                                                                            our compliance procedures. All indemnities must be            are at that party‟s risk.
                                                                            limited to no greater than the Contract Price. See 45
                                                                            below. We cannot accept this clause as drafted.

GE 036   GE Healthcare Terms and Conditions Schedule 1    Clause 44         When will we have sight of the insurance requirements. There are no additional insurance requirements at this            Agreed
         / British Energy                                                   We cannot accept a contract with missing provisions    time. This is simply there for any future requirements.

GE 037   GE Healthcare Terms and Conditions Schedule 1    Clause 45         The limitation of liability clause is one-sided. This        Amended Clause 45 to provide a limitation on the            Responded
         / British Energy                                                   should be made reciprocal – the lead in wording should Customer's liability. The Container Supply Conditions
                                                                            read “Each Party‟s liability to the other” instead of        have also now been published.
                                                                            “LLWR‟s liability to the Customer”. Misrepresentation
                                                                            should not be included within the cap, but should be
                                                                            outwith the cap, as fraud is.However the limitation of
                                                                            liability to the value of a particular consignment looks
                                                                            very low, given the nature of the contract. One would
                                                                            expect to see a limit of liability equal to, say, the annual
                                                                            value of the Contract (or value of the Contract at the
                                                                            time that the liability arose as in the existing
                                                                            contract).Note that the limitation of liability for
                                                                            Packaging is not stated and will be included with the
                                                                            terms and conditions to be unilaterally determined by
                                                                            LLWR. This is likely to be very low (eg the contract
                                                                            value of that particular service on a particular
                                                                            consignment). Disappointingly this is a repeat request.
                                                                            We cannot accept this clause as drafted


GE 038   GE Healthcare Terms and Conditions Schedule 1    Clause 50.1       The contract, rather than just LLWR‟s obligations,            LLW Repository Ltd considers the existing provision        Responded
         / British Energy                                                   should terminate in this scenario.                            correct.

GE 039   GE Healthcare Terms and Conditions Schedule 1    Clause 50.2       At time of writing, the BE/GE Legal review is ongoing.        Noted.                                                     Responded
         / British Energy                                                   Additional comments should be provided during week
                                                                            commencing 15th February 2010
GE 040   GE Healthcare Terms and Conditions Schedule 1    Clause 50.3       Is the term certificate synoymous with invoice?               Yes, this has been amended to say invoice in the Final     Agreed
         / British Energy                                                                                                                 Draft.

GE 041   GE Healthcare Terms and Conditions Schedule 1    Clause 50.4       Why are these additional clauses to force majeure             We have amended this Clause in the Final Draft             Agreed
         / British Energy                                                   neccessary?

GE 042   GE Healthcare Terms and Conditions Schedule 1    Clause 50.5       We cannot accept this new clause. Termination for             Agreed, amended in Final Draft.                            Agreed
         / British Energy                                                   conveniance is totally unacceptavble and contrary to
                                                                            Government LLW policy and NDA Draft LLW Strategy

GE 043   GE Healthcare Terms and Conditions Schedule 1    Clause 51         Is a 13 week/3 month appropriate for termination of a 5       Agreed, this has been amended in Final Draft to 52         Responded
         / British Energy                                                   year contract. It seems too short a period. There is no       weeks.
                                                                            right to terminate for FM in the current contract (and
                                                                            payments are reduced in LLWR cannot perform its
                                                                            obligations) The consignment price should be reduced
                                                                            or adjusted pro-rata if LLWR cannot perform its
                                                                            obligations. The Customer should not take FM risk

GE 044   GE Healthcare Terms and Conditions Schedule 1    Clause 60 61      We cannot accept the new clauses as drafted. NDA              This is an NDA flowdown requirement on LLW               Responded
         / British Energy                                                   clauses need to be taken out of the contract for non-         Repository Ltd for all contracts with Customers. Similar
                                                                            NDA operators or a a spearate contract. At time of            provisions are already included in the current LLW
                                                                            writing, the BE/GE Legal review is ongoing. Additional        Disposal Agreement between us.
                                                                            comments should be provided during week
                                                                            commencing 15th February 2010
GE 045   GE Healthcare Terms and Conditions Schedule 1    Clause 70         This provision is not acceptable. We refer to previous        We are drafting the Dispute Resolution Clause now.         Responded
         / British Energy                                                   comments on relevance and applicability of NDA                Will get this to you ASAP. We are aiming for
                                                                            clauses to non-NDA operators and the need for a split         something shorter than the current NDA Dispute
                                                                            in the contracts (or separate contracts) between NDA          Resolution Procedure that forms Schedule H in the
                                                                            and non-NDA operators). At time of writing, the BE/GE         current LLW Disposal Agreement between us.
                                                                            Legal review is ongoing. Additional comments should
                                                                            be provided during week commencing 15th February
                                                                            2010
GE 046   GE Healthcare Waste                 Schedule 5   WSC-GUI-WCH       Why can't you determine fingerprinting and average            You can, we have amended the text to cover this.           Agreed
         / British Energy Characterisation                                  activity from same sampling campaign ALARP & BPM
                          Process
GE 047   GE Healthcare Waste                 Schedule 5   WSC-FOR-WCH       Still not happy with the levels of inforamtion required on    We have added additional text into the Introduction to  Responded
         / British Energy Characterisation                                  the form The document does not reflect discussions            state that the italics under each question give an
                          Process                                           held at the 3rd Contract workshop in December in that         indication of the information required and that each
                                                                            the level of detail should be comensurate to                  answer should be proportionate to the complexity of the
                                                                            wastestream complexity etc. (esp wrt activity asst)           wastestream.

GE 048   GE Healthcare Transition Plan       Transition   General Comment   It is still not evident whether this only applies for any     The Transition Plan has now been published and this        Responded
         / British Energy                    Plan                           new wasestream and/or when your existing WSCD                 makes it clear it is to be used for new wastestreams
                                                                            runs out and that should be explicitly stated.                and / or when the current WSCD expires up to a
                                                                            Transitional arrangements are key to making this              maximum of three years, i.e. 31st March 2013.
                                                                            process work
GE 049   GE Healthcare Waste Assurance       Schedule 5   WSC-GUI-WAS       Point 6 relates to a customer‟s „risk rating‟. Can a          Amended, the risk based approach is now defined in         Responded
         / British Energy Process                                           customer know what their rating is and how it is              the Guide. Customers do not have a "risk rating".
                                                                            derived? The contract still refers to risk meetings; does
                                                                            that mean risk ratings are still applicable? This
                                                                            mechanism needs to be defined and we reserve
                                                                            judgement until we receive details
GE 050   GE Healthcare Waste Assurance         Schedule 5   WSC-GUI-WAS             how do LLWR envisage the need for the approved                 The Transition Plan has now been published and this   Responded
         / British Energy Process                                                   Waste Assurance Form working from 1st April? Is there          makes it clear the Waste Assurance Form can be used
                                                                                    a period of grace for all customers to get this in place? It   as the Customer sees fit, be it for the Company, a
                                                                                    will also be important to know whether one form is             station or a wastestream. We have allowed a six month
                                                                                    required for BE, for each station, or for each                 grace period to transfer to the Waste Assurance Form.
                                                                                    wastestream – as the work involved to complete this
                                                                                    could be significant.
GE 051   GE Healthcare Waste Enquiry           Schedule 5   WSC-GUI-WEN             To meet our obligations under RSA we need suuficient           LLW Repository Ltd will consult with Customers to  Responded
         / British Energy Process                                                   information including all options to demonstrate BPEO          determine the best option during the Waste Enquiry
                                                                                    & BPM                                                          Process. The Waste Enquiry Form has been amended
                                                                                                                                                   to allow Customers to state their objectives.

GE 052   GE Healthcare Waste Enquiry           Schedule 5   WSC-GUI-WEN             Need explicit statement that by agreement this                 Agreed, amended in Final Draft.                           Agreed
         / British Energy Process                                                   schedule can be reorderd on case by case basis - do
                                                                                    not see that flexibility in draft
GE 053   GE Healthcare Terms and Conditions Schedule 1      General Comment         There should be a clause somewhere in the contract             We think this is already covered by Clause 32.2.          Responded
         / British Energy                                                           relating to damage caused to a Customer‟s property
                                                                                    while at either LLWR or one of the Suppliers and the
                                                                                    arrangements for getting it repaired.

MX001    Magnox North / Terms and Conditions Schedule 1     Clause 2.1              Magnox wish to clarify that this not an exclusive              Ageed, similar wording included in the Final Draft.       Responded
         Magnox South                                                               arrangement and hence after “period”, in clause 2.1 (a)
                                                                                    add :”and which the Customer may agree to purchase
                                                                                    (without obligation) from time to time at its sole
                                                                                    discretion”
MX002    Magnox North / Terms and Conditions Schedule 1     Clause 11(20)           For reasons explained below definition of “Customer            As this is a common contract for all Customers, it would Responded
         Magnox South                                                               M&O Contract” also required to read: “Customer M&O             be inappropriate for Magnox's M&O Contract to be
                                                                                    Contract” means the Amended and Consolidated Site              referenced. We note that derivations from Flowdown
                                                                                    Management and Operations Contract dated 26th June             requirements will require NDA approval.
                                                                                    2007 between the NDA and the Customer”

MX003    Magnox North / Terms and Conditions Schedule 1     Clause 11(22)           With regard to the definition of “”Packaging Conditions”       This is addressed by a revision to Clause 4.1 which       Responded
         Magnox South                                                               any changes to such conditions will need to be agreed          states how changes are managed and implemented.
                                                                                    and not simply notified to the Customer. Line2\3 should
                                                                                    read: ….other conditions as may be agreed by LLWR
                                                                                    and the Customer in accordance….”

MX004    Magnox North / Terms and Conditions Schedule 1     Clause 14.1             In line with the proposed amendment below to Clause            We have amended Clause 4.1 to provide additional          Agreed
         Magnox South                                                               21.5, line to read “Except as otherwise set out in Clause      clarification on when the contract can be amended
                                                                                    21.5 the Service Managers acceptance of a                      including consultation and otice periods. To reflect
                                                                                    communication…"                                                this, we have added wording to each subsequent
                                                                                                                                                   clause that references changes by the Service
                                                                                                                                                   Manager to specify that this can only be done in
                                                                                                                                                   accordance with the contract.
MX005    Magnox North / Terms and Conditions Schedule 1     Additional Sub-clause   As was discussed at the last meeting Magnox feel it is         We agree with this point but it is already covered in     Responded
         Magnox South                                       14.6                    entirely appropriate that where the Service Manager            Clause 10.1 as the Service Manager is obliged to act in
                                                                                    has a discretion he should be required to act                  a spirit of mutual trust and co-operation.
                                                                                    reasonably we therefore propose the following
                                                                                    additional sub-clause:

                                                                                    “Where the contract requires the Service Manager to
                                                                                    give a decision, opinion or consent, or to express
                                                                                    satisfaction or approval, or to determine value or
                                                                                    otherwise to take action which may affect the rights and
                                                                                    obligations of either party, the Service Manager shall
                                                                                    exercise reasonableness in carrying out such duties,
                                                                                    having regard to the contract and all the circumstances “

MX006    Magnox North / Terms and Conditions Schedule 1     Clause 14.5             We cannot agree to a change in the service information         Agreed, a change in the Service Information would      Agreed
         Magnox South                                                               at the sole initiative of the Service Manager without          result in a new Waste Services Quotation being issued.
                                                                                    agreement. We are happy to make such agreement                  The Customer can always choose to reject this
                                                                                    subject to the proviso that its is not to be unreasonably      Quotation.
                                                                                    withheld or delayed. Otherwise for example the position
                                                                                    as regards vesting of title to the waste under clause
                                                                                    40.2 could be changed at will by LLWR.

MX007    Magnox North / Terms and Conditions Schedule 1     Clause 15.1             As raised previously the Customer requires the same            Agreed, amended in Final Draft.                           Agreed
         Magnox South                                                               rights as granted to LLWR under clause 14.6

MX008    Magnox North / Terms and Conditions Schedule 1     Clause 16.1             In relation to the point below on clause 14.5, and the  Agreed, amended in Final Draft.                                  Agreed
         Magnox South                                                               Service Managers right to amend the Service
                                                                                    Information , we propose adding an additional bullet
                                                                                    point: “require a change to the Service Information "
MX009    Magnox North / Terms and Conditions Schedule 1     Clause 19.1             Subject to approval by the NDA and the amendment        This Clause has been re-drafted in the Final Draft.              Challenged
         Magnox South                                                               referred to below, Magnox can agree this clause. Final
                                                                                    sentence to read to read: “In the case of assignment or
                                                                                    novation of the benefit and\or obligations under this
                                                                                    contract by LLWR or the Customer to a party
                                                                                    nominated by the NDA,…….. withhold or delay consent”

MX010    Magnox North / Terms and Conditions Schedule 1     Clause 21.5              Our view remains that the exclusion in the first              LLW Repository Ltd considers the existing provisions      Responded
         Magnox South                                                               paragraph is far too wide and we therefore propose it          to be correct. An inspection or review by LLW
                                                                                    should read:                                                   Repository Ltd does not remove the obligation on the
                                                                                                                                                   Customer to ensure waste complies with the Service
                                                                                    “Except to the extent that it is reasonable for the            Information or the Waste Acceptance Criteria.
                                                                                    Customer to expect LLWR in all the applicable
                                                                                    circumstances to have carried an inspection or review
                                                                                    of the Waste [in accordance with the Service
                                                                                    Information] any failure by LLWR to review inspect, or
                                                                                    otherwise any approval or acceptance of the Waste by
                                                                                    LLWR, will not :”

                                                                                    We see no reason for the paragraph below the final
                                                                                    bullet and hence this needs to be deleted.
MX011    Magnox North / Terms and Conditions Schedule 1     Clause 24.1             Any sub-contracting of the services must be with the        The Service Information is defined in the Waste              Responded
         Magnox South                                                               agreement of the Customer and therefore in line 1, after Services Quotation. The Customer will therefore have
                                                                                    “may” insert, with the prior agreement of the Customer” the right to accept or reject any proposals to sub-
                                                                                                                                                contract the services. On this basis, we propose to
                                                                                                                                                retain this clause as is.
MX012    Magnox North / Terms and Conditions Schedule 1     Clause 26               Similarly LLWR must recognise the Customers                 As this is a common contract for all Customers, it would     Responded
         Magnox South                                                               obligations under the Customers M&O obligations to          be inappropriate for Magnox's M&O Contract to be
                                                                                    the NDA, whilst these obligations may be similar under referenced. We note that derivations from Flowdown
                                                                                    both the Customers\LLWR M&O Contracts, the                  requirements will require NDA approval.
                                                                                    requirements under the Magnox \South have recently
                                                                                    been amended and there are therefore likely to be
                                                                                    variations .Also as was discussed at the last meeting
                                                                                    any derivation from the flowdown requirements will
                                                                                    require NDA approval.
MX013    Magnox North / Terms and Conditions Schedule 1     Clause 32.1             As mentioned above in relation to clause 14.5, any          We have amended Clause 4.1 to provide additional             Agreed
         Magnox South                                                               change to the Service Information must be done with         clarification on when the contract can be amended
                                                                                    prior agreement of the Customer.                            including consultation and otice periods. To reflect
                                                                                                                                                this, we have added wording to each subsequent
                                                                                                                                                clause that references changes by the Service
                                                                                                                                                Manager to specify that this can only be done in
                                                                                                                                                accordance with the contract.
MX014    Magnox North / Terms and Conditions Schedule 1     Clause 32.2             Agreed subject to insertion of clause 14.6( as referred     We have now included the Dispute Resolution                  Responded
         Magnox South                                                               to above) and this clause 32.2 clarifying that in the       Procedure and this covers any dispute under the
                                                                                    event of any dispute the dispute provisions in clause       contract. We do not feel that this needs cross-
                                                                                    [70] apply                                                  referencing in Clause 32.2.
MX015    Magnox North / Terms and Conditions Schedule 1     Clause 41.1             In the second bullet point, after “Procedure” delete the    The Waste Acceptance Procedure applies before                Responded
         Magnox South                                                               full stop, and insert “at the time of Delivery”.            delivery therefore we do not believe it is appropriate to
                                                                                                                                                limit to at the time of delivery. However, we do accept
                                                                                                                                                that this is relevant to Bullet Point 1 as covered in the
                                                                                                                                                definition of Non-Compliance
MX016    Magnox North / Terms and Conditions Schedule 1     Clause 45               Magnox cannot agree to unlimited liability and require      Amended Clause 45 to provide a limitation on the             Responded
         Magnox South                                                               its liability to be capped to the contract price .As in the Customer's liability.
                                                                                    case of LLWR, Excluded Loss on the part Magnox is
                                                                                    also required to be excluded.

                                                                                    Further where services are to be sub-contracted and
                                                                                    any liability on the part of LLWR arises from a breach
                                                                                    on the part of the Sub-contractor prior to such sub-
                                                                                    contracting Magnox will need to review the liability cap
                                                                                    as we would expect LLWR to impose appropriate
                                                                                    contractual obligations\indemnities against the sub-
                                                                                    contractor and Magnox would expect to share the
                                                                                    benefits of such rights in terms of its rights against
                                                                                    LLWR
MX017    Magnox North / Terms and Conditions Schedule 1     Clause 50.5              The NDA requirement for termination for convenience           Termination for Convenience has been removed in the       Agreed
         Magnox South                                                               applies to both parties and the clause is required to be       Final Draft
                                                                                    amended accordingly. [Requires discussion with NDA ]

MX018    Magnox North / Terms and Conditions Schedule 1     Clause 51               “Force Majeure”, as this differs from the definition within Noted.                                                       Agreed
         Magnox South                                                               the Magnox M&O Contract, it will require NDA approval
                                                                                    prior to acceptance.
MX019    Magnox North / Terms and Conditions Schedule 1     Clause 60               Audit provisions Agreed subject to NDA approval.            Noted.                                                       Agreed
         Magnox South

MXN001   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-SUP             S1.9 - latest version of The Carriage of Dangerous             Agreed, amended in Final Draft.                           Agreed
                        Criteria -                                                  Goods and Use of Transportable Pressure Equipment
                        Supercompactable                                            Regulations is 2009.
                        Waste Treatment
MXN002   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-SUP             S1.18 paragraph 2 - bad grammar.                               Agreed, amended in Final Draft.                           Agreed
                        Criteria -
                        Supercompactable
                        Waste Treatment
MXN003   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-SUP             S2.2 paragraph 2 - written in a confusing way, could be        Agreed, amended in Final Draft.                           Agreed
                        Criteria -                                                  made much clearer.
                        Supercompactable
                        Waste Treatment
MXN004   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-SUP             S3.3 paragraph 2 - are labels required on the side as          No labels are not required on the side. Many              Responded
                        Criteria -                                                  well as the top? This was recently requested from the          Customers provide this anyway but it is not strictly
                        Supercompactable                                            LLWR with regards to one of our wastestreams and I             required by the WAC. It would appear to be a one off
                        Waste Treatment                                             wasn't sure if this was a one off or something that would      request.
                                                                                    berequired for all consignments.

MXN005   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-SUP             S4.4 paragraph 1 - missed out the word 'in'.                   Agreed, amended in Final Draft.                           Responded
                        Criteria -
                        Supercompactable
                        Waste Treatment
MXN006   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-SUP             S4.5 - is the 30% by weight or volume?                         Amended in Final Draft to say by quantity, i.e. Number    Responded
                        Criteria -                                                                                                                 of drums in a Waste Consignment
                        Supercompactable
                        Waste Treatment
MXN007   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-LOW             L1.8 bullet point - incomplete sentence?                       This is now covered in the Final Draft using the          Agreed
                        Criteria - Low Level                                                                                                       Leaching Test from the current GN01.
                        Waste Disposal
MXN008   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-LOW         L1.10 - latest version of The Carriage of Dangerous         Agreed, amended in Final Draft.                              Agreed
                        Criteria - Low Level                                    Goods and Use of Transportable Pressure Equipment
                        Waste Disposal                                          Regulations is 2009.
MXN009   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-LOW         L1.16 paragraph 6 - bad grammar.                            Agreed, amended in Final Draft.                              Agreed
                        Criteria - Low Level
                        Waste Disposal
MXN010   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-LOW         L1.16.2 bullet point 1 - the word 'that' shouldn't be in    Agreed, amended in Final Draft.                              Agreed
                        Criteria - Low Level                                    italics.
                        Waste Disposal
MXN011   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-LOW         L2.2 paragraph 2 - written in a confusing way, could be     Agreed, amended in Final Draft.                              Rejected
                        Criteria - Low Level                                    made much clearer.
                        Waste Disposal
MXN012   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-LOW         General - the trigger levels and also conditions A20 to     We have deliberately moved these to the Waste            Agreed
                        Criteria - Low Level                                    A24 in the current CFA should be included in this           Characterisation Guide as they are not strict
                        Waste Disposal                                          document either instead of or as well as the Waste          Acceptance Criteria. They are simply trigger levels that
                                                                                Characterisation Guide.                                     we will use to highlight wastestreams during review. It
                                                                                                                                            does not mean that we would not accept the
                                                                                                                                            wastestream simply because the trigger levels were
                                                                                                                                            exceeded. On this basis it is not appropriate to put
                                                                                                                                            them in the Waste Acceptance Criteria. A20 to A24 are
                                                                                                                                            now included in the Waste Acceptance Criteria for Low
                                                                                                                                            Level Waste Disposal.
MXN013   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-MET         M1.9 - latest version of The Carriage of Dangerous          Agreed, amended in Final Draft.                          Agreed
                        Criteria - Metallic                                     Goods and Use of Transportable Pressure Equipment
                        Waste Treatment                                         Regulations is 2009.
MXN014   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-MET         M1.12 paragraph 2 - bad grammar.                            Agreed, amended in Final Draft.                              Responded
                        Criteria - Metallic
                        Waste Treatment
MXN015   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-MET         M2.1 Studsvik - is there a limit for other alpha?           The limit stated applies to all radionuclides. The Waste Responded
                        Criteria - Metallic                                                                                                 Enquiry Process should be used to confirm the
                        Waste Treatment                                                                                                     suitability of metal for treatment.
MXN016   Magnox North   Waste Acceptance       Schedule 4   WSC-WAC-MET         General - it is frustrating that individual sites cannot    Understood. The Waste Enquiry Process has been             Agreed
                        Criteria - Metallic                                     check compliance for this treatment service in the same introduced to allow early engagement on the suitability
                        Waste Treatment                                         way we can for other services, as not all the WAC are       of metal for treatment. We do intend to make the WAC
                                                                                included within this document. Can the WAC of the           of the Service Suppliers available on our Website in the
                                                                                various suppliers be made available to the customers? near future. In terms of complying with them, LLW
                                                                                If we are to be held financially liable for not meeting the Repository will clearly define the conditions that need to
                                                                                WAC, then they need to be very clearly defined.             be complied with in the Service Information within the
                                                                                                                                            Waste Services Quotation.

MXN017   Magnox North   Waste Forecasting      Schedule 5   WSC-GUI-WFO         2.2 Packaging Services - bad grammar.                       Agreed, amended in Final Draft.                              Agreed
                        Process
MXN018   Magnox North   Waste Forecasting      Schedule 5   WSC-GUI-WFO         2.5 Step 1 Process Guidance - bad grammar.                  Agreed, amended in Final Draft.                              Responded
                        Process
MXN019   Magnox North   Waste Forecasting      Schedule 5   WSC-GUI-WFO         General - it is not clear how the Magnox financial year     Understood, the change to Calenday years was                 Agreed
                        Process                                                 and the LLWR calendar year systems come together            designed to align with each Customer's Disposal
                                                                                which has cause a few minor issues in the past - some       Authorisation limits. With it being a rolling six month
                                                                                guidance documentation (potentially co-authored by the      forecast process, we think this will help overcome any
                                                                                LLWR and Magnox would be useful.                            previous issues.
MXN020   Magnox North   Waste                  Schedule 5   WSC-GUI-WCH         1.2 bullet point 4 - should read 'treatment and/or          Agreed, amended in Final Draft.                              Agreed
                        Characterisation                                        disposal'.
                        Process
MXN021   Magnox North   Waste                  Schedule 5   WSC-GUI-WCH         2 Destructive Assay (DA) line 4 - bad grammar.              Agreed, amended in Final Draft.                              Agreed
                        Characterisation
                        Process
MXN022   Magnox North   Waste                  Schedule 5   WSC-GUI-WCH         4.1 bullet point 3 - should read 'become' and not           Agreed, amended in Final Draft.                              Agreed
                        Characterisation                                        'became'.
                        Process
MXN023   Magnox North   Waste                  Schedule 5   WSC-GUI-WCH         4.2 paragraph 4 - confusingly written, needs to be          Agreed, amended in Final Draft.                              Agreed
                        Characterisation                                        made clear.
                        Process
MXN024   Magnox North   Waste                  Schedule 5   WSC-GUI-WCH         4.2 paragraph 6 - state which method/s is/are suitable      We have removed this paragraph in the Final Draft.           Agreed
                        Characterisation                                        rather than those that are not.
                        Process
MXN025   Magnox North   Waste                  Schedule 5   WSC-GUI-WCH         5 paragraph 3 - it's written to suggest that ALL methods Agreed, amended in Final Draft.                                 Agreed
                        Characterisation                                        in the WSCD must be used on a single consignment,
                        Process                                                 which is not the case. Should state that only methods
                                                                                contained within the WSCD can be used for a
                                                                                consignment, regardless of whether it is one method or
                                                                                multiple methods.
MXN026   Magnox North   Waste                  Schedule 5   WSC-GUI-WCH         5.1 paragraph 4 bullet point 1 - with regards to radiation Agreed, amended in Final Draft.                               Agreed
                        Characterisation                                        protection, we use ALARP in the UK and not ALARA.
                        Process
MXN027   Magnox North   Waste                  Schedule 5   WSC-GUI-WCH         5.1 paragraph 4 bullet point 3 - states 'The methods        Agreed, amended in Final Draft.                              Agreed
                        Characterisation                                        presented...', but none are actually presented.
                        Process
MXN028   Magnox North   Waste                  Schedule 5   WSC-GUI-WCH         5.2 paragraph 4 - bad grammar.                              Agreed, amended in Final Draft.                              Agreed
                        Characterisation
                        Process
MXN029   Magnox North   Waste                  Schedule 5   WSC-GUI-WCH         5.3 Potential Problems bullet point 2 line 5 - bad          Agreed, amended in Final Draft.                              Responded
                        Characterisation                                        grammar.
                        Process
MXN030   Magnox North   Waste                  Schedule 5   WSC-GUI-WCH         General - document still reads disjointed, particularly     Noted. We intend to make improvements to this                Responded
                        Characterisation                                        Appendix 1.                                                 document in future versions.
                        Process
MXN031   Magnox North   Waste                  Schedule 5   WSC-GUI-WCH         General - doesn't include non-radiological requirements. Noted. We intend to make improvements to this                   Agreed
                        Characterisation                                                                                                 document in future versions to include non-radiological
                        Process                                                                                                          requirements.
MXN032   Magnox North   Waste Enquiry          Schedule 5   WSC-GUI-WEN         2 paragraph 3 - bad grammar.                             Agreed, amended in Final Draft.                                 Agreed
                        Process
MXN033   Magnox North   Waste Enquiry          Schedule 5   WSC-GUI-WEN         2.2 step 10 - responsibility should be LLWR (as is          Agreed, amended in Final Draft.                              Agreed
                        Process                                                 shown on process map), not Customer.
MXN034   Magnox North   Waste Enquiry          Schedule 5   WSC-GUI-WEN         2.2 step 15 paragraph 2 - Last sentence doesn't make        Agreed, amended in Final Draft.                              Responded
                        Process                                                 sense.
MXN035   Magnox North   Waste Enquiry          Schedule 5   WSC-GUI-WEN         3.1 paragraph 3 - repetition of paragraph above.            We think this is slightly different as one is covering the   Agreed
                        Process                                                                                                             type of waste and the other is covering the timescales
                                                                                                                                            for consigning that waste. Propose to retain.

MXN036   Magnox North   Waste Receipt          Schedule 5   WSC-GUI-WRE         2 paragraph 2 - bad grammar.                                Agreed, amended in Final Draft.                              Agreed
                        Process
MXN037   Magnox North   Waste Receipt          Schedule 5   WSC-GUI-WRE         4.4 paragraph 1 - first sentence is incomplete.             Agreed, amended in Final Draft.                              Agreed
                        Process
MXN038   Magnox North   Waste Assurance        Schedule 5   WSC-FOR-WAS         2.7 Waste Assurance Form step 4 - bad grammar.              Agreed, amended in Final Draft.                              Agreed
                        Process
MXN039   Magnox North   Waste Assurance        Schedule 5   WSC-GUI-WAS         2.7 Waste Assurance Audits step 5 - responsibility          Agreed, amended in Final Draft.                              Agreed
                        Process                                                 should be LLWR (as is shown on process map), not
                                                                                Customer.
RSRL001 RSRL            Terms and Conditions Schedule 1     Clause 4.1 / 32.1   Flexibility to amend critical aspects of the contract  We have amended Clause 4.1 to provide additional                  Agreed
                                                                                without defining a compensation event (early warning   clarification on when the contract can be amended
                                                                                requirement is acknowledged.                           including consultation and notice periods. To reflect
                                                                                                                                       this, we have added wording to each subsequent
                                                                                                                                       clause that references changes by the Service
                                                                                                                                       Manager to specify that this can only be done in
                                                                                                                                       accordance with the contract.
RSRL002 RSRL            Terms and Conditions Schedule 1     Clause 4.1          This states that LLWR will consult with the Customer   We have amended Clause 4.1 to provide additional                  Agreed
                                                                                prior to implementing any change for (a)-(c) but still clarification on when the contract can be amended
                                                                                gives no indication of timescales.                     including consultation and notice periods. To reflect
                                                                                                                                       this, we have added wording to each subsequent
                                                                                                                                       clause that references changes by the Service
                                                                                                                                       Manager to specify that this can only be done in
                                                                                                                                       accordance with the contract.
RSRL003 RSRL            Terms and Conditions Schedule 1     Clause 60           Audits by persons or organisations appointed by LLWR Noted.                                                              Agreed
                                                                                may have implications for commercial sensitivity

RSRL004 RSRL            Terms and Conditions Schedule 2     General Comment     There is no information on any additional insurance         There are no additional insurance requirements at this       Agreed
                                                                                required by LLWR or customer. Please confirm                time. This is simply there for any future requirements.
                                                                                whether any is required.
RSRL005 RSRL            Terms and Conditions Schedule 1     General Comment     Much improved since last issue. Positives:                  The liability provisions have been amended in Clause         Agreed
                                                                                Both parties have equal rights to issue an early warning    45. We are working on the Dispute Resolution
                                                                                and request a risk reduction meeting                        Procedure now and we'll issue it ASAP. We have
                                                                                Allocation of risk is clearly defined Slight unease with:   removed the additional insurance requirements from
                                                                                Liability is limited to the value of each consignment       Schedule 2 as we don't foresee any requirement for
                                                                                LLWR can terminate if RSRL don't pay within 13 weeks        these.
                                                                                of the date on the certificate More work required:
                                                                                Would like to see the wording of the dispute resolution
                                                                                clause.
                                                                                There is no information on any additional insurance
                                                                                required by LLWR or customer - can we assume that
                                                                                none are required or will this requirement differ between
                                                                                SLC's?



RSRL006 RSRL            Terms and Conditions Schedule 1     Clause 11.2 (11)    This should read „ A Contract Year is the period from       Agreed, amended in Final Draft.                              Agreed
                                                                                the commencement date up to …‟
RSRL007 RSRL            Terms and Conditions Schedule 1     Clause 21.4         Amend „constrains‟ to „constraints‟.                        Agreed, amended in Final Draft.                              Agreed

RSRL008 RSRL            Terms and Conditions Schedule 1     Clause 21.5         Add commas to: No review, inspection, notification,         We prefer to retain this clause without the commas.          Agreed
                                                                                approval, acceptance or …….‟
RSRL009 RSRL            Terms and Conditions Schedule 1     Clause 25.1         Bullet point 2 – „disclosure‟ should read „disclose‟.       Agreed, amended in Final Draft.                              Agreed

RSRL010 RSRL            Terms and Conditions Schedule 1     Clause 25.2         25.2 „procure‟ should read „ensure‟.                        Agreed, amended in Final Draft.                              Agreed

RSRL011 RSRL            Terms and Conditions Schedule 1     Clause 41.1         Add commas to „Claims, proceedings, compensation     We prefer to retain this clause without the commas.                 Agreed
                                                                                and costs …‟
RSRL012 RSRL            Terms and Conditions Schedule 1     General Comment     Observation – Photographic evidence of the various   Noted.                                                              Agreed
                                                                                stages of ISO loading is a new formal requirement.
RSRL013 RSRL            Waste Acceptance       Schedule 5   WSC-PRO-OVR         No further comments on this flowchart. Following the Agreed, the process is as stated in your comment.                   Responded
                        Procedure                                               workshop at Manchester my understanding is that for
                                                                                many of the wastes RSRL produce, which are either
                                                                                routinely treated at source, or are not amenable to
                                                                                further treatment by LLWR, we would submit
                                                                                wastestream-specific Waste Characterisation Forms at
                                                                                the same time as the Waste Enquiry Forms. Hence, we
                                                                                would submit one set of forms (Consignment Forms) as
                                                                                and when the waste consignments are generated.

RSRL014 RSRL            Waste Forecasting      Schedule 5   WSC-PRO-WFO         Process is understood. How will LLWR accommodate            Changes to Waste Forecasts can take place at any             Agreed
                        Process                                                 changes to customers‟ forecasted arisings, in between       time by agreement of both parties. This is covered by
                                                                                the twice-yearly allocation requests?                       Clause ?? In the contract. We have also amended the
                                                                                                                                            Forecasting Form to allow Customers to tell us what
                                                                                                                                            type of request they are submitting.
RSRL015 RSRL            Waste                  Schedule 5   WSC-GUI-WCH         General comment - Much improved. The change of              Noted.                                                       Agreed
                        Characterisation                                        focus, advising on how to complete the form, and only
                        Process                                                 advising how characterisation may be performed, is
                                                                                welcome
RSRL016 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P4 - Delete „is a challenging task‟                            Agreed, amended in Final Draft.                             Responded
               Characterisation
               Process
RSRL017 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P5 - Unsure what‟s meant by the first sentence in 2.2.         Simply aim to state that there will be variation in the     Agreed
               Characterisation                                                                                             information in the Form but LLW Repository Ltd will
               Process                                                                                                      look to review in consistent manner.
RSRL018 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P5 - Delete „for the waste forms consigned‟                    Agreed, amend in Final Draft.                               Responded
               Characterisation
               Process
RSRL019 RSRL   Waste              Schedule 5   WSC-GUI-WCH   General comment (also applies to definition of a               Noted. We agree that this is potentially an acceptable      Responded
               Characterisation                              wastestream on p15) - The Waste Characterisation               approach. In this case, the Activity Assessment
               Process                                       Form is more likely to be completed for individual             techniques would be key to give confidence that the
                                                             wastestreams. Within RSRL, a typical wastestream               actual activity in the waste is being accurately captured
                                                             may be decommissioning wastes from a building that             in the Waste Consignment Information Form.
                                                             undertook a number of processes with different types of
                                                             activity over several years. For decommissioning
                                                             projects such as these, there may exist several
                                                             fingerprints relating to different geographical zones or
                                                             even different zones of the waste itself (e.g. surface
                                                             contamination may be different from bulk
                                                             contamination/activation). In these cases it is unlikely
                                                             that further sub-dividing the decommissioning wastes
                                                             into different wastestreams would be helpful. The
                                                             fingerprint declared to LLWR will therefore represent
                                                             the activity anticipated to be consigned over a 3 year
                                                             period (a combination of several discrete fingerprints).
                                                             For these „complex‟ situations there may be a number
                                                             of sampling campaigns associated with the
                                                             wastestream, and these will need to be accommodated
                                                             on the characterisation forms.


RSRL020 RSRL   Waste              Schedule 5   WSC-GUI-WCH   General comment - I‟m assuming that LLWR would not             Unlikely, unless there were major differences in the        Agreed
               Characterisation                              expect customers to complete a Characterisation Form           fingerprint. Would anticipate that these could be
               Process                                       for small (<0.5 m3) wastes with slightly different             covered with a Waste Consignment Variation Form to
                                                             characteristics from the already-approved                      link to an existing Wastestream but explaining the
                                                             wastestreams. Where these small one-off wastes are             differences. In this case, the Activity Assessment
                                                             not part of an existing wastestream or have been               techniques would be key to give confidence that the
                                                             uniquely characterised using techniques not previously         actual activity in the waste is being accurately captured
                                                             declared to LLWR, will customers be expected to                in the Waste Consignment Information Form.
                                                             complete separate Characterisation Forms. E.G. A
                                                             redundant door, or a pump?

RSRL021 RSRL   Waste              Schedule 5   WSC-GUI-WCH   General comment - There may be occasions when                  Agreed, amended in Final Draft.                             Responded
               Characterisation                              characterisation is limited by safety considerations (e.g.
               Process                                       ALARP principle) therefore LLWR should allow for this
                                                             when assessing characterisation forms even if this is
                                                             not stated explicitly.
RSRL022 RSRL   Waste              Schedule 5   WSC-GUI-WCH   General comment - In certain situations sampling may           This would not be an outright objection but the Waste  Responded
               Characterisation                              not be carried out since the nature of operations              Characterisation Form would need to be clear as to why
               Process                                       involves ever-changing radionuclides (e.g. secondary           sampling wasn't carried out and how this is overcome
                                                             wastes associated with retrieval and processing of             to obtain an accurate Activity Assessment.
                                                             legacy ILW, or decommissioning of facilities/land with
                                                             complex provenance. LLWR should not necessarily
                                                             reject forms on the basis that there has been little or no
                                                             sampling carried out in support of characterisation.

RSRL023 RSRL   Waste              Schedule 5   WSC-GUI-WCH   General comment - Please don‟t assume that sampling            Noted.                                                      Agreed
               Characterisation                              necessary requires lab analysis. The term sampling
               Process                                       may also be applied to the review of non-destructive
                                                             assay results for discrete waste items which have a
                                                             common origin and are anticipated to have similar
                                                             radiological properties.
RSRL024 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P9 - 2.5 „a set of timescale(s)‟                               Agreed, amended in Final Draft.                             Agreed
               Characterisation
               Process
RSRL025 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P11 - Sampling may not always be the basis of the              Agreed, amended in Final Draft.                             Agreed
               Characterisation                              fingerprint, hence a degree of flexibility is required
               Process                                       when assessing Characterisation Forms.
RSRL026 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P14 - The list of bullet points needs to be more               Agreed, additional text added into Page 14 to               Responded
               Characterisation                              balanced – e.g. higher cost, potentially greater               emphasise Customer's role.
               Process                                       industrial or radiological risk to workers etc. Emphasise
                                                             that it is for the customer to decide the amount of effort
                                                             required to characterise their waste.
RSRL027 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P15 - Defining the fingerprint as being applicable to          We have inlcuded additional text to account for             Agreed
               Characterisation                              discrete packages may be a little naïve. The first             variation in fingerprints.
               Process                                       paragraph on The Waste Fingerprint is written a little
                                                             too rigidly. Some degree of variation is always
                                                             anticipated within any fingerprint, especially for those
                                                             associated with decommissioning activities in areas
                                                             with complex history. Production of the fingerprint
                                                             involves gathering data, and this may be by sampling
                                                             and analysis (but not necessarily so). Sample analysis
                                                             – what are you measuring – only those radionuclldes
                                                             you anticipate from a historical review, or a few more
                                                             just to test your initial assumptions? Should consider
                                                             taking steps to monitor the validity of the defined
                                                             fingerprint in addition to periodic review.

RSRL028 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P16 - 4.1 4th bullet point doesn‟t read very well.             Agreed, amended in Final Draft.                             Agreed
               Characterisation
               Process
RSRL029 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P17 - The Sample plan must target areas with high            Agreed, amended in Final Draft.                               Agreed
               Characterisation                              contamination? Surely you mean that sample
               Process                                       collection must focus on known contamination finds
                                                             which will yield meaningful analysis results. The
                                                             sampling plan for fingerprinting is targeted (unlike
                                                             sampling to determine waste inventory) hence you
                                                             need to be sure that you have identified contamination
                                                             suitable for sampling using appropriate monitoring
                                                             equipment (how would you know if you had a lot of
                                                             contamination which is not measurable using standard
                                                             HP probes?)
RSRL030 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P18 - Strike the whole of the 3rd paragraph. If              Agreed, amended in Final Draft.                               Agreed
               Characterisation                              sampling is still referred to in the context of
               Process                                       fingerprinting then predictive statistical tools are
                                                             unhelpful. Besides, this paragraph doesn‟t read well.
RSRL031 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P18 - In the list of bullet points on sampling, don‟t forget Agreed, amended in Final Draft.                               Agreed
               Characterisation                              to label the samples and make sure that each label is
               Process                                       traceable back to a record of its precise location.

RSRL032 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P18 - It‟s not just analysis, but any sample preparation       Agreed, amended in Final Draft.                             Agreed
               Characterisation                              that the laboratory does. You want to know if they have
               Process                                       chipped the paint of the sample to be analysed
                                                             separately, or if they have dissolved the sample to
                                                             ensure homogeneity of its radioactive components.

RSRL033 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P18 - No mention of bulking samples presented for           Agreed, amended in Final Draft.                                Agreed
               Characterisation                              analysis – this may be of use when there are many low
               Process                                       mass samples which in themselves do not have high
                                                             activity levels.
RSRL034 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P19 - Penultimate paragraph. Splitting down the             Agreed, amended in Final Draft.                                Agreed
               Characterisation                              number of samples will not always result in a more
               Process                                       homogeneous distribution of activity. Avoid prescriptive
                                                             language.
RSRL035 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P20 - Not sure what is meant by Bulk Measurement.           Agreed, amended in Final Draft.                                Agreed
               Characterisation                              Does this mean non-destructive measurement of
               Process                                       discrete waste items or sentencing volumes? The
                                                             statement about beta measurement needs qualification.
                                                              In some cases, beta measurements are preferable to
                                                             gamma measurements because there is reduced
                                                             sensitivity to other radionuclides in the vicinity (related
                                                             to the limited range of beta particles in air).

RSRL036 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P21 - Second sentence under Equipment needs to be              Agreed, amended in Final Draft.                             Agreed
               Characterisation                              rewritten
               Process
RSRL037 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P22 - First paragraph – replace „naturally occurring‟          Agreed, amended in Final Draft.                             Agreed
               Characterisation                              with „interfering‟
               Process
RSRL038 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P22 - 2nd paragraph under Equipment. Higher             Agreed, amended in Final Draft.                                    Agreed
               Characterisation                              resolution techniques may be thought of as essential
               Process                                       only when there are a number of other radionuclides
                                                             (some of which may be natural) in the waste which ould
                                                             other wise interfere with the measurement. Complexity
                                                             in the fingerprint doesn‟t necessarily mean that HRGS
                                                             must be applied.
RSRL039 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P23 - Ratio of the number of counts (registered by) the Agreed, amended in Final Draft.                                    Responded
               Characterisation                              detector…
               Process
RSRL040 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P23 - Potential problems. Another technique is to              Noted. Don't propose to include this at this point in       Agreed
               Characterisation                              calibrate the detection system in a way that mimics            time.
               Process                                       heterogeneity in the actual waste items. Of course this
                                                             is only useful when the distribution of activity relative to
                                                             the detector and shielding materials can be accurately
                                                             predicted.
RSRL041 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P23 - 5.4 Surface monitoring may be (carried out) by           Agreed, amended in Final Draft.                             Agreed
               Characterisation                              direct measurement…
               Process
RSRL042 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P24 - Please add NPL Good Practice Guides,                     Agreed, amended in Final Draft.                             Agreed
               Characterisation                              especially GPG 34 „Non destructive assay‟
               Process
RSRL043 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P32 - Please don‟t talk about beta/gamma                       Agreed, amended in Final Draft.                             Responded
               Characterisation                              radionuclides. Some alpha emitting radionuclides (e.g.
               Process                                       Am-241 also emit gamma rays upon decay, and some
                                                             beta-emitting radionuclides such as tritium do not have
                                                             an associated gamma ray). Non-alpha is a better term.

RSRL044 RSRL   Waste              Schedule 5   WSC-GUI-WCH   P33 - Is LLWR now content to accept „Others‟ as a              No, the Waste Characterisation Form includes a text    Agreed
               Characterisation                              material type, without explaining what these „others‟          box which allows the Customer to specify what "Others"
               Process                                       actually are                                                   are.
RSRL045 RSRL   Waste Assurance    Schedule 5   WSC-GUI-WAS   I like the idea of formalising the investigation of unusual    Noted.                                                 Agreed
               Process                                       events using the Waste Event Form. This will make
                                                             unusual events more traceable and transparent, whilst
                                                             prompting investigation and corrective action.
RSRL046 RSRL            Waste Assurance      Schedule 5   WSC-GUI-WAS          Will further consignments be received from the               It is on a case by case basis. The Form does not make        Agreed
                        Process                                                consignor during the period between the Waste Event          provision to suspend further shipments but this would
                                                                               Form being raised and actions arising from the               only be utilised in extreme circumstances.
                                                                               investigation being closed, to LLWR‟s satisfaction? I
                                                                               suggest this is on a case by case basis, considering
                                                                               whether it is just specific waste streams that are
                                                                               involved or if the issue are more generic.

RSRL047 RSRL            Waste Enquiry        Schedule 5   WSC-GUI-WEN          For customers whose wastes are largely treated at         Yes, your understanding is correct. It is acceptable to         Responded
                        Process                                                source or are not amenable to further treatment by        not complete the Waste Item Register in these
                                                                               LLWR (or its suppliers) I anticipate that Waste Enquiry circumstances.
                                                                               Forms would be submitted for approval at the same
                                                                               time as Waste Characterisation Forms. Submission of
                                                                               fresh Enquiry Forms would be as and when wastes
                                                                               arose which the customer considers as suitable for
                                                                               alternative treatment by LLWR or its suppliers (e.g. non-
                                                                               routine arisings). Please confirm if my understanding is
                                                                               correct.

                                                                               If my understanding above is correct, it would not be
                                                                               possible to complete the waste item register at the
                                                                               same time as submitting the Waste Characterisation
                                                                               Form. Please confirm that this is acceptable.

RSRL048 RSRL            Waste Consignment    Schedule 5   WSC-FOR-WCI          General comment This is the same form as WSC-FOR- There must be an error here. They are definitely                        Agreed
                        Process                                                WCH. Is this intentional or am I missing something          different Forms. We have checked the website but
                                                                               here?                                                       can't see any incorrect links. Please advise if you need
                                                                                                                                           any additional assitance with this.
RSRL049 RSRL            Waste Consignment    Schedule 5   WSC-FOR-WCI          P7 - Statement 8. All RSRL fissile material will be         Correct, there is no requirement to state this on the         Agreed
                        Process                                                accounted for already. My interpretation of the wording Disposal Form it is simply reminding the Customer of
                                                                               of this statement is that we don‟t have to explicitly state their obligations in respect of safeguards.
                                                                               “Safeguards Coverage Must be Terminated by the
                                                                               Customer on Delivery” on our disposal forms. If this
                                                                               isn‟t the case (i.e. you do want us to make this
                                                                               statement every time) then please add quotation marks.

RSRL050 RSRL            Waste Consignment    Schedule 5   WSC-FOR-WCV          General comment - Thanks for setting up approvals in         Agreed, the Description is the right place and yes, it will Agreed
                        Process                                                advance. This will help in cases of wastestreams             most likely state just a reference to the previously
                                                                               comprising encapsulated waste, for example. Once the         approval in advance. The only proviso to this is if some
                                                                               consignment is prepared which contains a wastestream         quantitive information is required, e.g. Analysis results
                                                                               for which an approval in advance has already been            or an amount of asbestos in this particular Waste
                                                                               arranged, where on the variation form should the             Consignment. We have added text to the Variation
                                                                               reference to the approval in advance be input? I‟m           Form to address this.
                                                                               guessing that Description of Proposed Variation is the
                                                                               right place to put this reference. When it comes to          A unique Variation Form is required for each WAC
                                                                               consignments containing wastestreams which are the           condition. This is to support Waste Tracking activities.
                                                                               subject of approval in advance, I would not expect to
                                                                               enter much more information other than the „approval in
                                                                               advance‟ reference number on the Variation Form. Is a
                                                                               unique variation form required for each condition of the
                                                                               WAC that the customer seeks to vary?

RSRL051 RSRL            Packaging Services   Schedule 6   WSC-PRO-WRE          General comment - In cases where alternative                 This will always be addressed in the Waste Services     Responded
                                                                               treatment is appropriate, it‟s still not clear whether the   Quotation specifying which location the waste will be
                                                                               waste should be transported to LLWR (acting as a             transported to. We have included additional text in the
                                                                               waste hub) or direct to the waste treatment facility. This   Waste Acceptance Procedure Overview to make it clear
                                                                               is important since some customers will not have              that delivery to LLWR is an option and also improved
                                                                               arrangements in place to send their waste direct to          the note on the Waste Receipt Process Diagram to
                                                                               treatment facilities, particularly those overseas.           address this comment.

RSRL052 RSRL            Packaging Services   Schedule 6   WSC-PRO-PSE          General comment - How will the release number be             This will simply be done by e-mail. We don't feel we         Agreed
                                                                               communicated to the customer? Should there be a              need a template for this.
                                                                               separate template for this?
RSRL053 RSRL            Service Pricing      Schedule 7   WSC-SPR-LIS          The pricing schedule still does not show that the            Agreed, NDA and MoD Customers will have Version         Responded
                        Mechanisms                                             volumetric disposal rates for the NDA-estate will be         1.1 of the Price List included in their contract for
                                                                               held at £1460/m3 until April 2011. The rate for              2010/11 that retains the current base prices. Apologies
                                                                               overweight containers seems excessively high. The            for the oversight on our part in earlier drafts.
                                                                               last time a Harwell consignment was overweight I seem
                                                                               to remember we were charged around £4k. The rate of          With regard to Overweights, it is just an issue with the
                                                                               £2k/m3 (=£39k for a Half Height ISO) is unjustified. Is      units. This price would replace the normal disposal
                                                                               this simply a problem of the units that have been used       charge. We have however amended the Price List to
                                                                               to present the information?                                  give a fixed price overweight charge on top of the
                                                                                                                                            normal disposal price.

SFL001   Springfields   Terms and Conditions Schedule 1   General Comment      SFL may not continue to operate Springfields under an        This contract is applicable to all Customers. It does not Responded
                                                                               M&O Contract with NDA. How would Springfields                matter if SFL are operating under an M&O Contract
                                                                               requirements be included in the ERP meeting. This            with NDA or not. We can include SFL within the NDA
                                                                               contract assumes that all SLCs are operated under            sanction process. This is not an exclusive contract and
                                                                               M&O Arrangements and this is not necessarily the             it also a Framework contract. You are not obliged to
                                                                               case. SFL may need to follow the public procurement          use these services and therefore you may obtain
                                                                               process to obtain waste services.                            services through the Public Procument process if
                                                                                                                                            required. NDA are approving this as an Inter SLC
                                                                                                                                            Contract for NDA sites.

SFL002   Springfields   Terms and Conditions Schedule 1   Clause 4.1           The Services can be unilaterally altered following notice    We have amended Clause 4.1 to provide additional        Responded
                                                                               provided to the customer. The period of the notice will      clarification on when the contract can be amended
                                                                               need to be detailed in the contract and will need to be a    including consultation and notice periods. To reflect
                                                                               period of at least 12 months to allow the Customer to        this, we have added wording to each subsequent
                                                                               make alternative arrangements. (Ref: Clause 4)               clause that references changes by the Service
                                                                                                                                            Manager to specify that this can only be done in
                                                                                                                                            accordance with the contract.
SFL003   Springfields   Terms and Conditions Schedule 1   Clause 20            Are all Customers treated equitably as regards the           This is detailed in the Waste Forecasting Guide. There Agreed
                                                                               annual allocation? This should be confirmed within the       are too many differing scenarios to prescribe exactly
                                                                               contract. (Ref: Clause 20)                                   what would happen if the annual allocation is exceeded.

SFL004   Springfields   Terms and Conditions Schedule 1   Clause 21            If the Service Manager incorrectly characterizes waste       This can be addressed through the Dispute Resolution Responded
                                                                               assignment as Non-Compliant the Customer should              Procedure. We agree that Customers should have the
                                                                               have the opportunity to demonstrate that the waste           opportunity to demonstrate that a Waste Consignment
                                                                               Consignment is compliant. (Ref: Clause 21)                   is compliant.
SFL005   Springfields   Terms and Conditions Schedule 1   Clause 30 / 32       The costs payable for the Services should be clearly         The Service Pricing Mechanisms are included in the       Agreed
                                                                               provided in the contract. Prices and Costs should not        Service Price List incorporated in the contract through
                                                                               be capable of increase without the Customer‟s consent.       Schedule 7. Any changes in costs are defined in the
                                                                               (Ref: Clause 30 & 32)                                        Waste Services Quotation. The Customer will therefore
                                                                                                                                            have the right to accept or reject any proposals to sub-
                                                                                                                                            contract the services. On this basis, we propose to
                                                                                                                                            retain this clause as is.

SFL006   Springfields   Terms and Conditions Schedule 1   Clause 45            The Customer should have the benefit of a reciprocal         Amended Clause 45 to provide a limitation on the             Agreed
                                                                               limitation of liability for consequential and non            Customer's liability.
                                                                               consequential losses. (Ref: Clause 45)
SFL007   Springfields   Terms and Conditions Schedule 1   Clause 50.5          It is not appropriate that this Contract is terminable for   Termination for Convenience has been removed in the          Agreed
                                                                               convenience given the nature of the Services provided        Final Draft
                                                                               under the Contract. It is suggested that NDA‟s consent
                                                                               is obtained to derogate from this flowdown requirement.
                                                                               (Ref: Clause 50.5)
SL001    Sellafield     Terms and Conditions Schedule 1   Clause 4             SL should have the ability to 'agree' changes prior to       We have amended Clause 4.1 to provide additional             Agreed
                                                                               implementation as opposed to being 'consulted'.              clarification on when the contract can be amended
                                                                                                                                            including consultation and notice periods. To reflect
                                                                                                                                            this, we have added wording to each subsequent
                                                                                                                                            clause that references changes by the Service
                                                                                                                                            Manager to specify that this can only be done in
                                                                                                                                            accordance with the contract.
SL002    Sellafield     Terms and Conditions Schedule 1   Clause 14.5          Service Manger having unilateral right to change is not      We have amended Clause 4.1 to provide additional             Agreed
                                                                               acceptable.                                                  clarification on when the contract can be amended
                                                                                                                                            including consultation and notice periods. To reflect
                                                                                                                                            this, we have added wording to each subsequent
                                                                                                                                            clause that references changes by the Service
                                                                                                                                            Manager to specify that this can only be done in
                                                                                                                                            accordance with the contract.
SL003    Sellafield     Terms and Conditions Schedule 1   Clause 19.1          This should be a two way agreement.                          This Clause has been re-drafted in the Final Draft.          Responded

SL004    Sellafield     Terms and Conditions Schedule 1   Clause 20            Understand the intent but how does this work in the          Variations to the allocation can be agreed at any point      Responded
                                                                               content of acceleration by SL, ie how will this impact if    during the year as stated in Clause 20. How allocation
                                                                               additional capacity/allocation is not available?             is managed is discussed in the Waste Forecasting
                                                                                                                                            Guide. Ultimately, LLWR can only provides services
                                                                                                                                            within its allocation limits.
SL005    Sellafield     Terms and Conditions Schedule 1   Clause 21.4 / 21.5   Unclear the meaning, need to clarify.                        We discussed and clarified 21.4 at our meeting. 21.5         Responded
                                                                                                                                            makes the point that just because LLWR carries out
                                                                                                                                            some action (inspection, review, etc.) it does not take
                                                                                                                                            away the Customer's obligation to comply with the
                                                                                                                                            Service Information. Any errors in the Serivce
                                                                                                                                            Information provided by LLW Repository Ltd are
                                                                                                                                            covered in 32.2.
SL006    Sellafield     Terms and Conditions Schedule 1   Clause 27?           IP Clause missing.                                           We no longer require an IP Clause in this Contract.          Agreed

SL007    Sellafield     Terms and Conditions Schedule 1   Clause 30            Would expect to agree charges prior to invoicing which       Agreed, we have added in an additional Cluase that           Agreed
                                                                               eliminates downstream issues.                                refers to LLWR complying with the Customer's agreed
                                                                                                                                            invoicing process.
SL008    Sellafield     Terms and Conditions Schedule 1   Clause 31            Is this necessary within NDA space, SLC's do not incur       We have added in that late payment provisions are to         Responded
                                                                               financial costs.                                             be applied at LLWR's discretion to cover this for NDA
                                                                                                                                            SLCs.
SL009    Sellafield     Terms and Conditions Schedule 1   Clause 32            Changing prices needs to be unilateral                       As discussed at our meeting, we have amended Clause          Agreed
                                                                                                                                            32 in line with Clause 4.1 and to confirm that
                                                                                                                                            Customer's get a quotation to accept or reject in light of
                                                                                                                                            any changes to the Service Information.
SL010    Sellafield     Terms and Conditions Schedule 1   Clause 41            Would expect to see time limit of customer risk liability.   We have revised Clause 45 to include a time limit on         Agreed
                                                                                                                                            Customer Risk.
SL011    Sellafield     Terms and Conditions Schedule 1   Clause 45            Should be two way, with time limit                           We have revised Clause 45 to provide a limitation of         Responded
                                                                                                                                            liability for Customers and a time limit.
SL012    Sellafield     Terms and Conditions Schedule 1   Clause 50            Between NDA SLC's, would expect that neither party           We do agree with this point. However, we believe this        Agreed
                                                                               could terminate without the express approval of NDA.         is implicit in our respective M&O obligations with NDA
                                                                                                                                            as they can instruct us to terminate or not terminate a
                                                                                                                                            contract between NDA SLCs. As this is a common
                                                                                                                                            contract for all Customers, we do not believe it is
                                                                                                                                            appropriate to include a Clause stating that NDA
                                                                                                                                            approval is rquired prior to termination.

SL013    Sellafield     Terms and Conditions Schedule 1   Clause 60            Needs to be mutual agreement.                                Agreed. We have taken out the restriction to                 Agreed
                                                                                                                                            Authorisation requirements only to make this Clause
                                                                                                                                            mutual.
SL014    Sellafield     Terms and Conditions Schedule 2   Contract Data        Payment terms to be M&O standard.                            Agreed, we have amended the Payment Terms to Nett            Agreed
                                                                                                                                            Monthly in the Final Draft.
SL015    Sellafield     Terms and Conditions Schedule 2   Contract Data        Insurance - NDA provide?                                     There are no additional insurance requirements at this       Agreed
                                                                                                                                            time. This is simply there for any future requirements.
SL016   Sellafield   Service Pricing        Schedule 7   WSC-SPR-LIS       Amendment required to Pricing schedule to reflect             Agreed, NDA and MoD Customers will have Version         Responded
                     Mechanisms                                            continuation of existing prices for 2010.                     1.1 of the Price List included in their contract for
                                                                                                                                         2010/11 that retains the current base prices. Apologies
                                                                                                                                         for the oversight on our part in earlier drafts.

SL017   Sellafield   Waste Acceptance       Schedule 5   General Comment   A number of documents state that information provided         Clause 25 in the Waste Services Contract addresses      Agreed
                     Procedure                                             by Sellafield Ltd may be made available to third parties.     the circumstances in which information can be made
                                                                            This may only occur with the permission of Sellafield        available to third parties. Clearly we will comply with
                                                                           Ltd for security purposes.                                    any agreed security requirements.
SL018   Sellafield   Waste Acceptance       Schedule 4   WSC-WAC-OVR       I understand the treatment services offered by LLW            We believe this is already covered in Section O2 that   Agreed
                     Criteria - Overview                                   Repository Ltd remain optional. This significant              highlights the services as options and does say that
                                                                           statement does not appear in this key overview                Low Level Waste Disposal is for wastes not selected for
                                                                           document (although the issue is addressed in the              treatment. We have however, added some wording to
                                                                           Waste Enquiry Guide). I would like this document to           O3.2 to clarify this.
                                                                           clarify this.
SL019   Sellafield   Waste Acceptance       Schedule 4   WSC-WAC-SUP       S4.2 does not include the 100kg limit for each package        This is now covered in S3.1.1 and S3.1.2 which               Responded
                     Criteria -                                            that WAMAC apply.                                             include the 100kg limit for bagged or wrapped waste
                     Supercompactable                                                                                                    respectively.
                     Waste Treatment
SL020   Sellafield   Waste Acceptance       Schedule 4   WSC-WAC-MET       M3.5 requires photographic records of the step-by-step        Whilst this is true in relation to ISOCs, there may be       Agreed
                     Criteria - Metallic                                   filling of transport containers. LLW Repository Ltd has       occasions where photographs are required for Metallic
                     Waste Treatment                                       stated that photographic records are required for             Waste Consignments to support the onward transport
                                                                           ISOCS measurements for LLW disposals.                         of containers by LLW Repository Ltd. We have
                                                                           Consignments destined for treatment should not be             amended the requirement in the WAC so that it is only
                                                                           subject to ISOCS, will be subject to an agreed packing        when required by a Waste Packing Plan. We have
                                                                           plan and the treatment facility will be removing the          also amended the Waste Packing Plan to address this.
                                                                           waste for processing and will be able observe the waste       This would mean it is not a blanket requirement but
                                                                           as it is removed. These remove the need for                   only where we have agreed to photographs through a
                                                                           photographic records.                                         Waste Packing Plan.

SL021   Sellafield   Waste Acceptance       Schedule 4   WSC-WAC-LOW       L3.9 requires photographic records. Please clarify            Photographs are not required for WAMAC Product               Agreed
                     Criteria - Low Level                                  whether photographs will be required for WAMAC                Containers. We have amended the Final Draft to state
                     Waste Disposal                                        product containers. I don‟t believe these will benefit the    this
                                                                           ISOCS measurements given the homogenous nature of
                                                                           compacted LLW and they will be difficult to obtain
                                                                           within WAMAC‟s product load cell.
SL022   Sellafield   Waste Acceptance       Schedule 4   WSC-WAC-LOW       L3.12 on site rules and instructions only covers the          Agreed, amended in Final Draft.                              Agreed
                     Criteria - Low Level                                  LLW Repository. This should be extended to include
                     Waste Disposal                                        Sellafield as part of the trans-shipment service.

SL023   Sellafield   Waste Consignment      Schedule 5   WSC-GUI-WCO       A key issue for the consignment process is the                We have now reverted to the current Fissile                  Responded
                     Process                                               functionality of the LLWTS. We have identified a              Radionuclide Limits in the Low Level Waste Disposal
                                                                           number of modifications that are being progressed prior       Service Waste Acceptance Criteria. We therefore
                                                                           to 1 April to facilitate the generation of the Waste          believe this addresses the issue with regard to the
                                                                           Consignment Information Form. However, the new                current WTS.
                                                                           fissile species limits applied to LLW disposal (as
                                                                           opposed to supercompactable LLW treatment) will
                                                                           impact upon WAMAC product containers. Please
                                                                           clarify that LLW Repository Ltd have identified and
                                                                           programmed the appropriate amendments to the
                                                                           LLWTS in time for the new contract implementation.

SL024   Sellafield   Waste Consignment      Schedule 5   WSC-FOR-WCO       Please clarify the use of the Waste Consignment               Agreed, WAMAC Product should be treat as low level   Responded
                     Process                                               Information Form for WAMAC product containers. It will        wast disposal. We have now included the 2947
                                                                           be impossible to identify a useful waste description,         Container as a packaging option for the Low Level
                                                                           physical composition or complete the waste item               Waste Disposal Service. We have also added a box to
                                                                           register for compacted wastes.                                say how many supercompacted drums / boxes the
                                                                                                                                         consignment contains. The description / physical
                                                                                                                                         compostion can simply state that the consignment
                                                                                                                                         contains supercompacted waste from either Sellafield
                                                                                                                                         or other Customers. The Waste Item Register does not
                                                                                                                                         need to be completed for WAMAC Product Containers -
                                                                                                                                         simply state "no" on the form.

SL025   Sellafield   Waste Consignment      Schedule 5   WSC-GUI-WCO       Please clarify who (Sellafield Ltd or LLW Repository         LLW Repository Ltd is happy to fulfil this role. In some      Responded
                     Process                                               Ltd) will produce the transfrontier shipment                 cases, the Customer will wish to do this themselves.
                                                                           documentation for wastes to be transported abroad.           Who produces the Transfrontier Shipment
                                                                                                                                        Documentation will be stated in the Waste Services
                                                                                                                                        Quotation.
SL026   Sellafield   Waste Receipt          Schedule 5   WSC-GUI-WRE       The issues of title, risk and duty of care have been         The Contract makes it clear that Nuclear Liability            Responded
                     Process                                               addressed in the past, but please clarify what measures transfer is the law and therefore whatever the law says
                                                                           are in place to address the Sellafield Ltd nuclear liability stands. There are a wide range of nuclear liability
                                                                           issue for wastes in transit to a treatment facility once     scenarios that depend on the point of transfer and the
                                                                           LLW Repository Ltd have taken title to the waste.            ultiamte destination. LLW Repository Ltd intends to
                                                                                                                                        address this in the Waste Services Quotation for any
                                                                                                                                        given Waste Consignment.

SL027   Sellafield   Packaging Services     Schedule 6   WSC-PRO-PSE       In Step 9, Sellafield Ltd would not wish to pay for all the   The invoice will be against the Purchase Order. It is        Responded
                                                                           containers it had ordered as a significant monetary           therefore up to the Customer to decide how many
                                                                           value would be tied up in stock.                              Containers to put on their order if they do not want to
                                                                                                                                         hold large stocks. The Customer can raise as many
                                                                                                                                         Purchase Orders as they need over the year.
SL028   Sellafield   Waste Acceptance       Schedule 4   WSC-WAC-LOW       L1.1 Waste treatment and segregation. For waste not           The Suitable Supporting Justification is required as         Responded
                     Criteria - Low Level                                  selected for treatment can LLW Repository Ltd please          part of the Waste Enquiry Process. This will be the
                     Waste Disposal                                        clarify: Why a suitable supporting justification is           point at which the Customer and LLW Repository Ltd
                                                                           required as the WAP will have been followed and LLW           agree the waste management option to be utilised. We
                                                                           Repository Ltd and the customer are both involved in          require this if the Customer rejects the Waste Services
                                                                           that agreement? If a suitable supporting justification is     Quotation.
                                                                           to be provided, when is it required? E.g. with each
                                                                           consignment information form or with each
                                                                           characterisation form?
SL029   Sellafield   Waste Acceptance       Schedule 4   WSC-WAC-LOW       L1.16 Hazardous Waste. This section is unclear. If            Not necessarily, this is giving Customers the option of   Responded
                     Criteria - Low Level                                  any waste is suspected to contain any of the                  testing the waste in preference to submitting a Variation
                     Waste Disposal                                        components listed in Table 1 do LLW Repository Ltd            Form as a first step. If the waste was below the
                                                                           expect the specified leach test or approved equivalent        leaching limit values then it can be disposed of. If not,
                                                                           to be performed on the waste? If so, will the specified       then additional conditioning of the waste and futrther
                                                                           test, EA NEN 7375:2004 be applicable to all waste?            consideration of the disposal requirements will be
                                                                           Annex B of this test suggests it is applicable to earthy      necessary. It is likely that LLW Repository Ltd will look
                                                                           and stony materials only. What tests should be used on        for the conditioned waste to meet the leaching limit
                                                                           other types of waste? How will LLW Repository Ltd             values. The Waste Consignment Variation Form is the
                                                                           approve the method to make materials safe? Would this         tool to use for Hazardous Waste issues. This test was
                                                                           be via a consignment variation form or a suitable             selected on the basis of the nature of many of the
                                                                           supporting justification? When is this required?              wastes likely to be received. Alternatives can be
                                                                                                                                         agreed as stated in the WAC.

SL030   Sellafield   Waste Acceptance       Schedule 4   WSC-WAC-LOW       L2.3 Fissile Radionuclides. Can LLW Repository Ltd            This has now been revised in the Final Draft. We do          Responded
                     Criteria - Low Level                                  confirm that there are no individual specific activity        intend to revisit the Fisile Radionuclide Limits for Low
                     Waste Disposal                                        limits for fissile radionuclides? Can LLW Repository          Level Waste Disposal in the future but for now, the
                                                                           Ltd clarify which restriction does not apply to natural or    Supercompactable Waste Treatment and Low Level
                                                                           depleted uranium – is it L2.2 or the 75g limit?               Waste Disposal WACs are both now aligned. The
                                                                                                                                         Waste Consignment Information Form has been
                                                                                                                                         revised accordingly.
SL031   Sellafield   Waste Acceptance       Schedule 4   WSC-WAC-LOW       1.8 Defined Terms. There are inconsistencies with the         We have now included italic references in the text for       Responded
                     Criteria - Low Level                                  application of the italics for defined terms throughout       the relevant defined terms that had no reference
                     Waste Disposal                                        the document, some are italicised in all instances and        previously. We recognise there are some apparent
                                                                           others are not. There are defined terms for complexing        inconsistencies but we have decided to retain this
                                                                           agents, consign, soluble solids and packing efficiency        approach. We have added a reference to cover the
                                                                           but they do not appear in italic text in the document.        biological, infectious and pathogenic materials.
                                                                           There are no defined terms for strong oxidising agents
                                                                           or biological, infectious and pathogenic materials which
                                                                           would be useful.

SL032   Sellafield   Waste Acceptance       Schedule 4   WSC-WAC-LOW       L1.8 Soluble Solids. Please can the test referred to in       This is now covered in the Final Draft using the             Agreed
                     Criteria - Low Level                                  the first bullet point be defined?                            Leaching Test from the current GN01.
                     Waste Disposal
SL033   Sellafield   Waste Acceptance       Schedule 4   WSC-WAC-LOW       L1.14 Biological, Infectious and Pathogenic materials.        We have added a reference to cover the biological,           Responded
                     Criteria - Low Level                                  Could the hazard groups 2, 3, or 4 be listed in the           infectious and pathogenic materials. The method to
                     Waste Disposal                                        glossary like the hazardous properties are as there is        make these safe should be agreed through a Waste
                                                                           no document reference to ensure the correct list is           Consignment Variation Form. It is required in advance
                                                                           being considered? How will LLW Repository Ltd                 of carrying out the conditioning.
                                                                           approve the method to make materials safe? Would this
                                                                           be via a consignment variation form or a suitable
                                                                           supporting justification? When is this required?

SL034   Sellafield   Waste                  Schedule 5   WSC-FOR-WCH       Sampling Plan. The text in this section asks for a            We have amended the form to say "any relevant". LLW Agreed
                     Characterisation                                      justification of the sampling plan e.g. summary of BAT        Repository Ltd doesn't get to see the approval process
                     Process                                               Report. This is unrealistic. If a sampling plan is not fit    therefore it may be necessary to justify any sampling
                                                                           for purpose it will not get approved and issued. Is this      plan.
                                                                           adequate for LLW Repository Ltd?
SL035   Sellafield   Waste                  Schedule 5   WSC-FOR-WCH       Sample Analysis. To list all radiological and chemical        Agreed, we have removed this from the Final Draft.           Responded
                     Characterisation                                      analysis that has been omitted is ridiculous as the list
                     Process                                               could go on for ever! If LLW Repository Ltd have
                                                                           specific analytes/analysis that if not performed require a
                                                                           justification for, could LLW Repository Ltd list them and
                                                                           we will provide relevant justification when appropriate?

SL036   Sellafield   Waste                  Schedule 5   WSC-FOR-WCH       Sample Results. Can LLW Repository Ltd please                 We would expect a reference to the sample results and        Responded
                     Characterisation                                      provide an example of a summary of analytical results         then a summary of the results that addresses if the
                     Process                                               as they state that it is not adequate to simply attach the    results were as expected. Any significant differences,
                                                                           results to this section?                                      etc. One of the key elements for this section is how the
                                                                                                                                         fingerprint has been derived.
SL037   Sellafield   Waste                  Schedule 5   WSC-FOR-WCH       Waste Fingerprint. Can LLW Repository Ltd clarify             The Waste Characterisation Form has been amended             Responded
                     Characterisation                                      what the Activity column is for? The text suggests it is      to make it clear that it is requesting Total Activity over
                     Process                                               the total activity of each nuclide from the samples used      the lifetime of the wastestream. The % Activity should
                                                                           to derive the Fingerprint, is this correct? It is not         be presented to a maximum of two decimal places.
                                                                           understood what value will be gained by documenting
                                                                           the total activity of the samples analysed. To how many
                                                                           decimal places do LLW Repository Ltd require the %
                                                                           Activity to be presented?

SL038   Sellafield   Waste                  Schedule 5   WSC-FOR-WCH       Waste Quantity Information. Why has the                       Many Customers disagreed with the use of QWTD, we            Responded
                     Characterisation                                      characterisation form reverted to the wastestream             have therefore reverted to wastestream terminology.
                     Process                                               nomenclature as opposed to quantity of waste etc?
SL039   Sellafield   Waste                  Schedule 5   WSC-FOR-WCH       Waste Description. A description of where the waste           The description is meant to describe the physical and    Agreed
                     Characterisation                                      has arisen from is required – can LLW Repository Ltd          chemical properties of the waste itself, i.e what is it?
                     Process                                               clarify what additional information is required by this       The origin is used to cover the process from which the
                                                                           that isn‟t already captured in the Waste Origin section?      waste arose and therefore to give some indicaiton of the
                                                                                                                                         likely radiological proerties.
SL040   Sellafield   Waste                  Schedule 5   WSC-FOR-WCH       Waste Information. We may summarise significant               Yes, that is fine. It is really only necessary to cover  Responded
                     Characterisation                                      accidents or spills as opposed to detail them for             these if they could have a bearing on the
                     Process                                               security purposes. Can LLW Repository Ltd confirm             characterisation.
                                                                           this will be adequate?
SL041   Sellafield   Waste                  Schedule 5   WSC-FOR-WCH       Sampling Campaign. Ensuring representative samples The sampling plan section is intended to address what Responded
                     Characterisation                                      are obtained is one of the key objectives of the sample you proposed to do. The sampling campaign section is
                     Process                                               plan. Therefore it should not be necessary to detail    intended to cover what actually took place.
                                                                           what activities have been undertaken in this section.
SL042   Sellafield   Waste              Schedule 5   WSC-FOR-WCH   Restricted Materials. This requires a description of the      The Restricted Materials section gives more detail           Challenged
                     Characterisation                              waste form which is already provided in the previous          against particular waste types than the previous
                     Process                                       section. Can LLW Repository Ltd clarify if it is required     overview section. We propose to keep both.
                                                                   in both sections?
SL043   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   1.1 Waste Acceptance Procedure. The guide forms               It is clearly stated in the Guide that the Guidelines, i.e. Responded
                     Characterisation                              part of the Waste Services Contract therefore how is it       Appendix 1 are not mandatory. Therefore they would
                     Process                                       not mandatory?                                                not be enforceable under the contract.
SL044   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   2.2 Review Criteria. The Information Requirements for         Suggest you seek advice from LLW Repository Ltd for Responded
                     Characterisation                              complex/stable, simple/variable and complex/variable          the Information Requirements relating to a specific case
                     Process                                       state justifications for consignment characterisation,        The Trigger Levels are simply that, a trigger for the
                                                                   wastestream definition and other specific requirements        review. Additional wording has been included in the
                                                                   on a case by case basis. Can LLW Repository Ltd               guide. They are not inlcuded in the WAC because they
                                                                   clarify what information they want for each of these          apply at a wastestrem level and not for each Waste
                                                                   justifications? The Characterisation Form will be             Consignment.
                                                                   reviewed against Radioactivity Content Trigger Levels.        The total activity figure is now more clearly requested in
                                                                   These do not appear in the WAC for LLW Disposal or            the Waste Fingerprint table.
                                                                   Supercompactable. So why is this part of the review
                                                                   criteria? (Not been able to review other WAC‟s as draft
                                                                   2 not available to date) Also at no point has a
                                                                   consignment/wastrestream total activity been requested
                                                                   so how can they make this assessment?

SL045   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   2.5 Step By Step Guide. Expected to read the                  The roles are defined in the contract and therefore it       Agreed
                     Characterisation                              characterisation guide in conjunction with the Waste          would lead to potential conflict if they were detailed in
                     Process                                       Services Contract-conditions of contract. This is             this section. We will look to make improvements to this
                                                                   unrealistic and unreasonable. The purpose of this             arrangement in future issues.
                                                                   section is to detail roles, responsibilities and actions      Yes, an Agreement in Principle would seem to be a
                                                                   therefore the responsibilities of the Service Manager,        sensible option. Could we discuss this further?
                                                                   Customer Representative or other Key Role Holders
                                                                   should be detailed in this section not cross referenced
                                                                   out. Step 2 and 3 suggest engagement/consultation
                                                                   with LLW Repository Ltd to ensure the characterisation
                                                                   will meet LLW Repository Ltd expectations. Due to the
                                                                   volume of wastestreams processed by Sellafield could
                                                                   LLW Repository Ltd consider an agreement in principle
                                                                   to Sellafields characterisation process? If not could
                                                                   LLW Repository Ltd please provide a performance
                                                                   measure for the engagement ( 5 working days was
                                                                   mentioned at the feedback session on Manchester)

SL046   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   Appendix 1: L1.2 Objectives. This states it provides       Agreed, amended in Final Draft.                                 Challenged
                     Characterisation                              guidance by defining the acceptable level of quality for
                     Process                                       the data supplied. At no point in the document are there
                                                                   any qualifiers and so the document does not define
                                                                   acceptable levels of quality. Also this is a contradiction
                                                                   to the statement that the guidelines are not mandatory
                                                                   as it is by these guidelines that the characterisation
                                                                   form will be reviewed and assessed.

SL047   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   Appendix 1: 3. Wastestream Definition. This states a       This is a subjective area. As this is guidance, we do           Responded
                     Characterisation                              valid wastestream should have at least one                 not propose to change the text.
                     Process                                       radionuclide present in similar relative abundance in all
                                                                   samples. Can LLW Repository Ltd please confirm what
                                                                   criteria they are using to assess „similar‟? There are
                                                                   contradictory statements throughout the document
                                                                   relating to the above and e.g. 2nd to last bullet point in
                                                                   facility history which are not clear. Can LLW Repository
                                                                   Ltd please clarify?

SL048   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   Appendix 1: 4 Waste Fingerprint. This suggests the            We have amended the workding to make this flexible           Agreed
                     Characterisation                              lab will inform the customer what sample type should          as some Customers will take advice from laboratories.
                     Process                                       be used. This will be defined by Sellafield not the Lab.
                                                                   Can LLW Repository Ltd confirm that this is
                                                                   acceptable?
SL049   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   Appendix 1: 4.1 Desktop Study. States the                     Agreed, amended in Final Draft.                              Agreed
                     Characterisation                              Characterisation Form requires specific radionuclides
                     Process                                       to be declared with a justification for null values. The
                                                                   WCF is blank can LLW Repository Ltd please clarify?

SL050   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   Appendix 1: 4.2 Sample Campaign Planning. This                Agreed, amended in Final Draft.                              Responded
                     Characterisation                              section does not consider how the waste is being
                     Process                                       contaminated. E.g. Regardless of the nature of the
                                                                   process if the waste is contaminated by loose
                                                                   contamination then swabbing is an appropriate
                                                                   sampling technique.
SL051   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   Appendix 1: 4.3 Sampling. Suggests the customer               We have amended the workding to make this flexible           Challenged
                     Characterisation                              should check with the lab to select the media of swab         as some Customers will take advice from laboratories.
                     Process                                       and area to be swabbed. This will be defined by
                                                                   Sellafield not the Lab. Can LLW Repository Ltd confirm
                                                                   that this is acceptable?
SL052   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   Appendix 1: 5.2 Dose Rate to Activity Conversion.             Contact does rates tend to give higher than average          Responded
                     Characterisation                              States Contact dose rates should not be used. Can             values which lead to increased activity declarations for
                     Process                                       LLW Repository Ltd clarify why? All Sellafield dose rate      activity that does not represent the waste item. It is
                                                                   to activity conversions performed by C&C use contact          important to measure for the intended purpose, i.e.
                                                                   dose rates and have never been refused approval to            waste characterisation rather than contact values that
                                                                   date? This will require significant retraining of Health      are maximum figures for personal protection. This
                                                                   Physics /skill sets and changes to waste labelling.           change in approach will bring significant benefits in
                                                                                                                                 reducing activity takeup and save money for the
                                                                                                                                 Customer against their activity charges.

SL053   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   2. Waste Characterisation Process: The QWTD must              This will be determined through the information              Agreed
                     Characterisation                              have a defined common radiological fingerprint to allow       provided in the Waste Characterisation Form.
                     Process                                       accurate characterisation of discrete waste packages.         Accuracy for LLW Repository LTd is all about ensuring
                                                                   What does LLW Repository Ltd mean by accurate?                that only activity that actually exists is declared in the
                                                                                                                                 Waste Consignment Information Form.

SL054   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   2.2 Review Criteria. Can LLW Repository Ltd clarify           Characterisation methods is meant to cover the full          Responded
                     Characterisation                              what a waste consignment characterisation method is?          range of topics in the Waste Characterisation Form,
                     Process                                       Can LLW Repository Ltd clarify what a Waste                   e.g. sampling, analysis, activity assessment, etc.
                                                                   Characterisation Plan is?                                     We have amended the words to waste characterisation
                                                                                                                                 activities to show that it means whatever activities the
                                                                                                                                 Customer plans to undertake to complete their
                                                                                                                                 characterisation rather than a document they may
                                                                                                                                 produce.
SL055   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   2.5 Step by Step Guide. There is more detail on the           The Step by Step Guides are simply intended to flesh         Responded
                     Characterisation                              Waste Characterisation Process Map and in Appendix            out the information provided on the Process Diagram
                     Process                                       2 of this document than there is in the section where         so Customers know what to do to follow the process.
                                                                   the detail is supposed to be. Different terminology is        Terminology in the Process Diagram has been
                                                                   used in this document and the Waste Characterisation          amended.
                                                                   Process Map. Step 5 states the form requires                  Step 5 has been amended to reflect that it simply
                                                                   additional information on how the waste will be               means completing the other boxes in the form.
                                                                   managed. Can LLW Repository Ltd clarify what that             Step 6, depending on the nature of the comments, it
                                                                   information will be? Shouldn‟t this be detailed in this       could be by e-mail, letter, telephone call or meeting.
                                                                   section? Step 6 How will comments be fed back to the          Step7, agreed amended in final draft.
                                                                   customer? Step 7 the last sentence does not make
                                                                   sense.

SL056   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   3.1 Waste Characterisation From. Throughout section           We are moving back to wastestream as the preferred           Responded
                     Characterisation                              refers to wastestream rather than quantity of waste for       unit but they are interchangeable. We have tried to
                     Process                                       treatment and disposal. Can LLW Repository Ltd clarify        correct to wastestream throught documentation.
                                                                   which one is to be used or if they are interchangeable?       Wastestream Identification now listed on the WCF.
                                                                   Wastestream Identification is listed as a section. On the
                                                                   WCF it is called Waste Quantity Information

SL057   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   Appendix 1: Destructive Assay. The section is poorly          We have re-written this paragraph but still feel it should   Responded
                     Characterisation                              written and much of it is more relevant in the sample         sit here.
                     Process                                       planning section.
SL058   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   Appendix 1: 4 Waste Fingerprint. There are                    We have added additional words to recognise                  Agreed
                     Characterisation                              contradictions relating to the fingerprint being used to      variations in fingerprint are likely and accepted.
                     Process                                       assess other radionuclides as one sentence states
                                                                   specific conditions should be met then the following
                                                                   states the fingerprint can be used to infer total waste
                                                                   activity and activity of difficult to measure nuclides. Can
                                                                   LLW Repository Ltd clarify this please?

SL059   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   Appendix 1: 4.1 Desk Top Study. Facility History or           Agreed, amended in Final Draft.                              Agreed
                     Characterisation                              Process. All the bullet points do not follow on from the
                     Process                                       last sentence and therefore do not make sense. The
                                                                   2nd to last bullet point states what must be identified in
                                                                   operational and health physics reports. It is not
                                                                   appropriate for LLW Repository Ltd to be stipulating
                                                                   what must be in Sellafield health physics reports. The
                                                                   last bullet point is to do with tritium and does not make
                                                                   sense in this section. Selection of Potential Treatment
                                                                   or Disposal Routes. States the WAC will specify the
                                                                   requirements for activity and fingerprint reporting. This
                                                                   is not done in either LLW Repository Ltd or
                                                                   supercompactable WAC. Can LLW Repository Ltd
                                                                   please clarify?

SL060   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   Appendix 1: 4.2 Sample Campaign Planning. The 2nd             We have removed this paragraph in the Final Draft.           Agreed
                     Characterisation                              to last paragraph gives an example of what LLW
                     Process                                       Repository Ltd deem is not an appropriate approach to
                                                                   determining number of samples. Could LLW
                                                                   Repository Ltd give an example of what is acceptable
                                                                   as this would be more useful?
SL061   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   Appendix 1: 4.3 Sampling. The last bullet point states        Agreed, amended in Final Draft.                              Agreed
                     Characterisation                              that the cross contamination via tritium can be avoided
                     Process                                       by the use of refrigeration. This statement is not true;
                                                                   refrigeration of samples has no bearing on cross
                                                                   contamination control.
SL062   Sellafield   Waste              Schedule 5   WSC-GUI-WCH   Appendix 1: 4.4 Sample Analysis. The last paragraph           Agreed, amended in Final Draft.                              Challenged
                     Characterisation                              states that the results of the analysis may modify the
                     Process                                       sampling plan. Can LLW Repository Ltd please clarify
                                                                   what is meant by this? The sample plan is unlikely to
                                                                   be dependant on results.
SL063   Sellafield   Waste                  Schedule 5   WSC-GUI-WCH       Appendix 1: 4.5 Analysis Results Review. States the            This is a subjective area. As this is guidance, we do       Responded
                     Characterisation                                      quality of the sampling should be improved and new             not propose to change the text. Essentially, the text is
                     Process                                               samples taken if the accuracy of the analysis is not           asking Customers to consider the results and assure
                                                                           consistent with requirements of the sampling plan. Can         themselves that they meet with their expectations and
                                                                           LLW Repository Ltd please clarify this? The limits of          acheive the sampling plan objectives.
                                                                           the analytical technique can not be improved by taking         If a wastestream is split into smaller portions then each
                                                                           new samples. It is also not a requirement of the               portion will be a new wastestream. This process works
                                                                           sampling plan to specify the analytical accuracy. Can          on one fingerprint per WCF.
                                                                           LLW Repository Ltd please clarify who determines the
                                                                           acceptable uncertainty? Subjective terminology is used
                                                                           throughout. Can LLW Repository Ltd please clarify
                                                                           what they mean by restricted variation and highly
                                                                           variable ratios? Suggest a wastestream can be split into
                                                                           smaller portions. Can LLW Repository Ltd please
                                                                           clarify if this will still be classed as one waststream with
                                                                           several fingerprints or several wastetsreams?


SL064   Sellafield   Waste                  Schedule 5   WSC-GUI-WCH       Appendix 1: 5.1 Bulk Measurement. Suggests                     The example given would suggest that the waste is           Responded
                     Characterisation                                      background measurement should be subtracted from               very low in activity and should therefore be considered
                     Process                                               the package readings. Can LLW Repository Ltd please            for exemption.
                                                                           clarify what is required if the background and package
                                                                           are the same? (Where there is an appropriate
                                                                           fingerprint waste can be routed to test against
                                                                           exemption criteria but this is not always possible.)

SL065   Sellafield   Waste                  Schedule 5   WSC-GUI-WCH       Appendix 2: The Comments for the customer                      Enquiry Form references have been amended. We will          Responded
                     Characterisation                                      information and the contact name relate to an Enquiry          update all Form images in Issue 1.0 of the documents
                     Process                                               Form not a Characterisation Form. The guide shows              for publication on 1st April 2010. We have removed
                                                                           Quantity of Waste Treatment of Disposal where as the           the sampling plan questions.
                                                                           draft 2 Characterisation Form calls it a Wastestream
                                                                           Scope. For the sampling campaign comments LLW
                                                                           Repository Ltd request answers to specific questions. If
                                                                           these are required they should be asked in the text on
                                                                           the form. The comments for Waste Packing relate to an
                                                                           Enquiry Form not a Characterisation Form.

SL066   Sellafield   Waste Consignment      Schedule 5   WSC-FOR-WCI       6 Radioactivity Information. There is entry space for          This is an error in the Waste Characterisation Form.        Responded
                     Process                                               alpha and beta emitting nuclides of ½ life < 3 months.         We have amended accordingly.
                                                                           The characterisation form specifically states that
                                                                           nuclides of ½ life < 3 months should not be included.
                                                                           Can LLW Repository Ltd please clarify this
                                                                           contradiction?
SL067   Sellafield   Waste Consignment      Schedule 5   WSC-FOR-WCI       2 Consignment Information. The Maximum Surface                 This is the maximum value, therefore it doesn't matter      Agreed
                     Process                                               Dose Rate does not state whether a gamma or                    which type of measurement, as it could be either. This
                                                                           beta/gamma measurement is required. Can LLW                    is taken from the Transport Regulations which doesn't
                                                                           Repository Ltd please clarify?                                 specify beta/gamma or gamma.
SL068   Sellafield   Waste Consignment      Schedule 5   WSC-FOR-WCI       6 Radioactivity Information. Refers to beta emitting           The Specific Activity Limits apply to all services          Agreed
                     Process                                               nuclides but for the Total activity and Total specific         following the change in the Fissile Radionculide
                                                                           activity refers to non-alpha. Can LLW Repository Ltd           requirements in the Low Level Waste Disposal Service
                                                                           please clarify the inconsistency? Protactinium-232 is a        WAC. We have changed beta to non alpha in the
                                                                           specified radionuclide. Can LLW Repository Ltd please          table. Pa-232 must always be declared. Note added
                                                                           clarify if this is required if it is present in amounts not    accordingly.
                                                                           exceeding natural radioactive decay as stated in note
                                                                           5? Note 2 states that the maximum Specific Activity
                                                                           limits are only applicable for Supercompactable Waste.
                                                                           Can LLW Repository Ltd confirm that if the maximum is
                                                                           exceeded and waste is not requiring supercompaction
                                                                           that a waste consignment variation form is not required?

VT001   VT Nuclear   Waste Acceptance       Schedule 4   WSC-WAC-SUP       Page 12 Section S2.3 - The specific activity limit for Th- Agreed, amended in Final Draft.                                 Agreed
        Services     Criteria -                                            232 of 1MBq/t listed in this document is not listed on
                     Supercompactable                                      the Waste Consignment Information Form in the same
                     Waste Treatment                                       way as other specific activity limits are listed.

VT002   VT Nuclear   Waste Acceptance       Schedule 4   WSC-WAC-SUP       Page 12 Section S2.4 - The sentence referring to Cm-           Agreed, amended in Final Draft.                             Responded
        Services     Criteria -                                            247 in the last paragraph needs to be rewritten to make
                     Supercompactable                                      it clearer that a Waste Consignment Variation Form is
                     Waste Treatment                                       required for all consignments that contain any quantity
                                                                           of Cm-247.
VT003   VT Nuclear   Waste Acceptance       Schedule 4   WSC-WAC-SUP       Page 13 Section S2.4.3 - The specific activity limit for       This is referring specifically to the Np-237 content        Responded
        Services     Criteria -                                            Np-237 of 4 GBq/t is the same as the total alpha activity      meeting the 4GBq/t limit whereas the overall 4GBq/t
                     Supercompactable                                      limit. This restriction therefore does not add anything to     limit is for all radionuclides averaged over the Waste
                     Waste Treatment                                       the total alpha limit already listed. Is it therefore worth    Consignment. We therefore intend to keep this
                                                                           listing?                                                       requirement in for clarity.
VT004   VT Nuclear   Waste Acceptance       Schedule 4   WSC-WAC-LOW       Page 12 Section L2.3 - Please confirm that the fissile         This has now been revised in the Final Draft. We do         Responded
        Services     Criteria - Low Level                                  activity limits originally listed in Table 1 Section L2.3.3    intend to revisit the Fisile Radionuclide Limits for Low
                     Waste Disposal                                        of version 1.0 no longer apply. The 75g limit for U-233,       Level Waste Disposal in the future but for now, the
                                                                           U-235 and Pu radionuclides is noted                            Supercompactable Waste Treatment and Low Level
                                                                                                                                          Waste Disposal WACs are both now aligned. The
                                                                                                                                          Waste Consignment Information Form has been
                                                                                                                                          revised accordingly.
VT005   VT Nuclear   Waste Acceptance       Schedule 4   WSC-WAC-LOW       Page 13, 3rd bullet point - The third bullet point refers      The guidance on Source Disposal has been removed.           Agreed
        Services     Criteria - Low Level                                  to a maximum grout volume of 100ml per source. This            All Source Disposals will now be managed on a case
                     Waste Disposal                                        had previously been taken as a minimum grout volume            by case basis through the Waste Characterisation and
                                                                           per source. Please clarify.                                    Waste Consignment Processes.

VT006   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       Page 6, 2nd paragraph - Suggested reword - A simple            Agreed, amended in Final Draft.                             Agreed
        Services     Characterisation                                      waste type will consist of only a few radionuclides that
                     Process                                               are all easy to measure or easy to correlate, …..

VT007   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       Page 7 Radioactivity Content Trigger Levels - It is not        Agreed, amended in Final Draft.                             Responded
        Services     Characterisation                                      clear from the text what is meant by a review of the
                     Process                                               waste stream as prompted by the trigger levels listed in
                                                                           the table. Further clarification would be helpful to help
                                                                           understand the possible implications of exceeding one
                                                                           or more of these trigger levels.
VT008   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       Page 10 step 13 - Can we add that agreement with the           The release of information is covered in the Waste          Agreed
        Services     Characterisation                                      customer is first required before releasing information to     Services Contract. We prefer not to cover it here in
                     Process                                               Waste Services Suppliers?                                      case of a conflict.
VT009   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       Page 13 Section 1.2 - First bullet point - typo should         Agreed, amended in Final Draft.                             Agreed
        Services     Characterisation                                      read Allows segregation of waste for treatment and
                     Process                                               disposal,
VT010   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       Pge 14, Destructive Assay - Suggested reword - The             Agreed, amended in Final Draft.                             Agreed
        Services     Characterisation                                      overall results are dependent on how representative….
                     Process
VT011   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       Page 15 section 4 - 2nd bullet point, suggested reword - Agreed, amended in Final Draft.                                   Agreed
        Services     Characterisation                                       .. the required radionuclides to report in the fingerprint.
                     Process
VT012   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       Page 16 - 4th bullet point re-word , this does not make        Agreed, amended in Final Draft.                             Agreed
        Services     Characterisation                                      sense
                     Process
VT013   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       Page 16 - Last bullet point typos - ..may be responsible       Agreed, amended in Final Draft.                             Agreed
        Services     Characterisation                                      for a variation…..and health physics reports
                     Process
VT014   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       General comment – there is inconsistency in the                Aggred, we have now used spectrometry throughout.           Agreed
        Services     Characterisation                                      terminology used, spectrometry and spectroscopy are
                     Process                                               used interchangeably throughout the text.
VT015   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       Page 20 section 5.1 - last paragraph Gamma                     Agreed, amended in Final Draft.                             Agreed
        Services     Characterisation                                      Measurement change test to - .. good results when a
                     Process                                               correct fingerprint, or a robust model … (delete
                                                                           spectroscopy).
VT016   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       Page 21 3rd bullet point - Suggested reword - When             Agreed, amended in Final Draft.                             Agreed
        Services     Characterisation                                      using a detector with spectrometric capability, it may be
                     Process                                               possible to use the differential absorption of multiple
                                                                           gamma peaks, that originate from the same
                                                                           radionuclide, to estimate the absorption factor.
VT017   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       Page 21, bottom of page - Equipment, change first 2            Agreed, amended in Final Draft.                             Agreed
        Services     Characterisation                                      sentences - This method may be applied using simple
                     Process                                               hand-held dose rate meters. The rate meter type must
                                                                           be specified in the measurement procedure and have a
                                                                           suitable counting efficiency and energy response.

VT018   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       Page 22, bottom of page - Change text to - The intrinsic Agreed, amended in Final Draft.                                   Agreed
        Services     Characterisation                                      counting efficiency is the ratio of the number of counts
                     Process                                               detected to the number of photons reaching the
                                                                           detector.
VT019   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       Page 22, bottom of page - Change text to - .. the        Agreed, amended in Final Draft.                                   Agreed
        Services     Characterisation                                      absolute full-energy peak efficiency is the ratio of the
                     Process                                               number of full-energy counts detected to the number of
                                                                           full-energy photons emitted by the source.
VT020   VT Nuclear   Waste                  Schedule 5   WSC-GUI-WCH       Page 23 - Why is GAMMA tomography capitalised?           Agreed, amended in Final Draft.                                   Agreed
        Services     Characterisation
                     Process
VT021   VT Nuclear   Waste Enquiry          Schedule 5   WSC-GUI-WEN       Page 8 step 10 - This step would appear to be the       Agreed, amend in Final Draft.                                      Agreed
        Services     Process                                               responsibility of LLWR rather than the customer.
VT022   VT Nuclear   Waste Acceptance       Schedule 5   General Comment   General comment as per customer comment GE 001. Is Yes, the Transition Map has now been published on                       Agreed
        Services     Criteria                                              there the intention to publish a document which lists   our website.
                                                                           where each of the CfA conditions now sit within the new
                                                                           contract documents?

								
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