DOE/RW-0593

Fiscal Year 2007

Civilian Radioactive Waste Management

Fee Adequacy Assessment Report

July 2008

U.S. Department of Energy

Office of Civilian Radioactive Waste Management

Washington, D.C.
 

This publication was produced by the U.S. Department of Energy 

Office of Civilian Radioactive Waste Management (OCRWM) 

For further information contact: 

U.S. Department of Energy 

Office of Civilian Radioactive Waste Management 

Waste Management Office, RW-9 

1000 Independence Ave., S.W. 

Washington, DC 20585 

or: 

U.S. Department of Energy 

Office of Civilian Radioactive Waste Management 

Office of External Affairs, RW-14 

1551 Hillshire Drive 

Las Vegas, NV 89134 

or call: 

Office of Civilian Radioactive Waste Management 

1-800-225-6972 

or visit: 

 the OCRWM Home Page: 

http://www.ocrwm.doe.gov 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 i 

TABLE OF CONTENTS 

Executive Summary.................................................................................................................. ES-1 

1 Introduction............................................................................................................................. 1 

1.1 Background..................................................................................................................... 1 

1.2 Comparison with the Previously Published 2001 Fee Adequacy Assessment ............... 2 

2 Impact of Inadequate Funding on the Determination of Fee Adequacy................................. 3 

3 Cost, Income, and Economic Assumptions Used for the Assessment.................................... 4 

3.1 Total System Life Cycle Cost Estimate for the Assessment........................................... 5 

3.2 Income Projections.......................................................................................................... 7 

3.3 Economic Projections ..................................................................................................... 8 

4 Methodology......................................................................................................................... 10 

5 Fee Adequacy Results........................................................................................................... 11 

5.1 Impact of Cost Share Allocations ................................................................................. 12 

5.2 Economic Forecasts ...................................................................................................... 12 

5.3 Fee Adequacy Conclusion ............................................................................................ 13 

References..................................................................................................................................... 16 

LIST OF TABLES 

Table 1: Differences between the 2001 and 2007 Fee Adequacy Analyses.................................. 3 

Table 2: Key Variables .................................................................................................................. 5 

Table 3: Summary of Cost Results ................................................................................................ 6 

Table 4: Summary of Inflation and Real Interest Rates............................................................... 10 

Table 5: Fee Adequacy Results: Nuclear Waste Fund Balance in 2133...................................... 11 

Table 6: Results of Economic Scenarios ..................................................................................... 13 

LIST OF FIGURES 

Figure 1: Fee Adequacy Assessment Results .......................................................................... ES-1 

Figure 2: Annual Total System Life Cycle Cost Profile................................................................ 7 

Figure 3: Fee Adequacy Assessment Results .............................................................................. 15 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 ii 

ACRONYMS

2000$ Constant year-2000 dollars (dollars with purchasing power equal to the dollar’s 

purchasing power in 2000) 

2007$ Constant year-2007 dollars (dollars with purchasing power equal to the dollar’s 

purchasing power in 2007) 

DOE Department of Energy 

EIA Energy Information Administration 

FY Fiscal Year 

HLW High-Level Waste 

kWh Kilowatt-hour 

MTHM Metric Tons of Heavy Metal 

NWF Nuclear Waste Fund 

NWPA Nuclear Waste Policy Act, as amended (also called “the Act”) 

OCRWM Office of Civilian Radioactive Waste Management (also called “the Program”) 

OMB Office of Management and Budget 

SNF Spent Nuclear Fuel 

TAD Transportation, Aging, and Disposal 

TSLCC Total System Life Cycle Cost 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 ES-1 

EXECUTIVE SUMMARY 

The purpose of this U.S. Department of Energy Office of Civilian Radioactive Waste 

Management Fee Adequacy Assessment Report is to present an analysis of the adequacy of the 

fee being paid by nuclear power utilities for the permanent disposal of their spent nuclear fuel by 

the Government. In accordance with the Nuclear Waste Policy Act of 1982 (the Act), the costs 

for disposal of commercial spent nuclear fuel are to be funded by a fee of one mill ($0.001) per 

kilowatt-hour levied on electricity generated and sold. Section 302(a)(4) of the Act states that 

the U.S. Secretary of Energy shall annually review the fee to evaluate whether the collection of 

the fee will provide sufficient revenues to offset the commercial utilities’ share of the total life 

cycle costs of the Civilian Radioactive Waste Management Program (the Program). It states that 

in the event the Secretary determines that either insufficient or excess revenues are being 

collected, the Secretary shall immediately transmit to Congress a proposed fee adjustment that 

will ensure full cost recovery. 

Based on this fee adequacy analysis, the Department determines that the fee is adequate and 

finds no reason to adjust the fee at this time. As shown Figure 1, 18 of the total of 28 scenarios 

developed for this analysis result in a positive Nuclear Waste Fund balance at the end of 

decommissioning in 2133, indicating that the current fee level will provide adequate revenue 

under the majority of cases considered. 

Figure 1: Fee Adequacy Assessment Results 

Nuclear Waste Fund Balance in 2133 (billions of constant 2007 dollars) 

Econ 

Scenario

GI 

Opt 

GI 

Opt 

GI 

Opt 

GI 

Opt 

GI 

Trnd 

GI 

Trnd 

GI 

Trnd 

GI 

Trnd EIA EIA EIA EIA OMB OMB OMB OMB Mkt

Rate

Mkt

Rate

Mkt

Rate

Mkt

Rate

GI 

Pess

GI 

Pess

GI 

Pess

GI 

Pess Hist Hist Hist Hist

Def % 30% 25% 20% 15% 30% 25% 20% 15% 30% 25% 20% 15% 30% 25% 20% 15% 30% 25% 20% 15% 30% 25% 20% 15% 30% 25% 20% 15%

NWF 

Balance 690 518 383 268 609 427 284 162 794 534 331 160 251 146 62 -11 79 30 -9 -43 55 -17 -75 -124 -5 -113 -200 -275

$690

$518

$383

$268

$609

$427

$284

$162

$534

$331

$160

$251

$146

$62

-$ 11

$79

$30

-$9

-$43

$55

-$17

-$75

-$5

-$113

-$200

-$275

$794

-$ 124

($400)

($200)

$0

$200

$400

$600

$800
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 ES-2 

The current mechanism for making revenues available to the Program, however, is not adequate 

to provide the funding needed to allow DOE to execute its mission under the Nuclear Waste 

Policy Act. A significant assumption in developing all total life cycle cost estimates and fee 

adequacy analyses is that funding reform will be enacted to provide sufficient annual funds when 

needed. This fee adequacy analysis did not assess the adequacy of the fee if the Congress 

continues the historical trend of not appropriating adequate funding to execute the Program’s 

plans. The Administration has proposed funding reform legislation to allow the annual fees 

provided by utilities to be used to offset the annual appropriations for the Program. Developing 

and maintaining a credible schedule for the Program is highly dependent upon a steady and 

reliable funding stream. 

The total system life cycle cost estimate used for this fee adequacy assessment assumes that 

legislation removing the statutory emplacement limit of 70,000 metric tons of heavy metal at 

Yucca Mountain will be enacted, so that additional costs for the siting, characterization, 

licensing, and construction of a second repository site will not be incurred. This assessment did 

not evaluate cost or fee revenue impacts on the system from the introduction of recycling, 

construction of new reactors, or granting of additional license renewals, all of which can affect 

the adequacy of the fee. 

While this assessment does not warrant a change in the fee, without a change to the current 

budgetary process to allow consistent and sufficient annual funding, the assumption that 

adequate funding is provided cannot be maintained. At the time this fee assessment and the total 

system life cycle cost estimate was developed the initial start of the repository was assumed to be 

2017. The Department is now reassessing, because of budget reductions, the repository 

schedule. The total life cycle cost estimate and fee adequacy assessment assumed consistent and 

sufficient funding. Future fee assessments may need to evaluate a cost scenario in which 

consistent and sufficient funding each year is not assumed. 

 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 1 

1 INTRODUCTION 

The purpose of this U.S. Department of Energy Office of Civilian Radioactive Waste 

Management Fee Adequacy Assessment Report is to present an analysis of the adequacy of the 

fee being paid by nuclear power utilities for the permanent disposal of their spent nuclear fuel 

(SNF) by the Government. This Fee Adequacy Assessment is based on analyses of estimated 

costs detailed in the Analysis of the Total System Life Cycle Cost for the Civilian Radioactive 

Waste Management Program, Fiscal Year 2007, DOE/RW-0591, which include development, 

construction, operation, monitoring, and decommissioning of the permanent repository for SNF 

and High-Level Waste (HLW) for the period beginning in 1983 and extending 150 years. 

The 2007 Total System Life Cycle Cost (TSLCC) estimate used for this assessment is $96.2 

billion in constant year-2007 dollars (2007$) and $79.3 billion in constant year-2000 dollars 

(2000$). This estimate is based on the permanent disposal of 122,100 metric tons of heavy metal 

(MTHM) in the Yucca Mountain repository, located approximately 90 miles northwest of Las 

Vegas, Nevada. The TSLCC estimate assumes a waste stream for the current and projected 

discharges of SNF from commercial utilities, including future discharges from 47 nuclear 

reactors that had received operating reactor license extensions as of January 2007. The Yucca 

Mountain Repository Environmental Impact Statement and some sensitivity studies have 

analyzed waste streams of 130,000 MTHM for bounding purposes; and if new license extensions 

are granted, future TSLCC cost estimates will include additional SNF. The TSLCC estimate also 

includes transportation of the waste from civilian and government sites throughout the country, 

primarily over the national rail network and over a new dedicated rail line to be built in Nevada. 

Under the assumption of receiving 122,100 MTHM, the last annual fee payment from utilities 

will come in 2046. The interest generated in the Nuclear Waste Fund (NWF) is required to fund 

the years between 2046 and 2133. Therefore the impact of various future economic scenarios on 

the investments of the NWF is a key determining factor in the adequacy of the fee. 

This fee adequacy assessment uses methodologies and historical assumptions that have been 

used in prior fee adequacy assessments and, like prior assessments, concludes that, although 

there are some scenarios in which the fee may be inadequate, it is not necessary to adjust the fee 

at this time. 

1.1 Background 

The Nuclear Waste Policy Act of 1982 (NWPA or the Act) established the Office of Civilian 

Radioactive Waste Management (OCRWM) within the Department of Energy (DOE) and made 

the Department responsible for permanent disposal of the Nation’s SNF and HLW. This 

assessment of fee adequacy is based on the principle of full cost recovery contained in Section 

302 of the Act, under which all costs related to the disposal services provided by the Department 

are to be paid by the owners and generators of SNF and HLW. The Act requires that the 

Secretary of Energy annually evaluate whether the one mill ($0.001) per kilowatt-hour (kWh) fee 

collected from civilian waste generators will offset their share of Program costs. This report 

supports that requirement. 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 2 

In 1985, pursuant to Section 8 of the Act, President Reagan directed the DOE to use the capacity 

of the disposal system for government-managed SNF and HLW. The Government is required to 

pay its share of costs for disposal of nuclear waste owned and managed by the DOE and the U.S. 

Navy. These payments are currently made through annual Defense Nuclear Waste Disposal 

appropriations. 

A methodology for allocating costs between government-managed nuclear materials and 

commercial wastes was developed by public rulemaking and published in the Federal Register 

on August 20, 1987 (52 FR 31508). This rule provides guidance for calculating the defense and 

civilian shares of total costs. Using the assumptions in the 2007 TSLCC, the defense share of 

total Program cost is 19.6 percent for 2007. The defense share, however, adjusts each year as 

assumptions change. In the 2001 TSLCC and fee adequacy reports, the defense share was 

approximately 27.3 percent. The current downward trend for the defense share is a result of 

increased commercial SNF to be accepted for disposal. Although a detailed analysis of the 

variation in defense share allocation would require an adjustment in the total cost of the program, 

a range of defense shares is provided in the report at the same Program cost level to provide a 

perspective of the potential impact of defense share variations on fee adequacy. The effect of a 

lower defense share is similar to that of a higher total Program cost for evaluating the adequacy 

of the fee, because civilian share, paid from the Nuclear Waste Fund, would be required to fund 

more of the total cost of the Program. To provide a conservative analysis of the adequacy of the 

fee, a range of hypothetical defense and civilian shares was used in fee adequacy scenarios, 

including a high of 30% and a low of 15%. Making an adjustment to the defense share, while 

maintaining constant total cost, is used only for fee adequacy purposes. If the defense waste 

quantity were to increase, there would be an incremental increase in the total cost; however, the 

incremental cost of defense share increases as a result of hypothetical defense waste increases 

was not estimated in developing the multiple hypothetical cost estimates for this fee adequacy 

analysis. In future assessments, it may be necessary to use a range of possible defense waste 

amounts for permanent disposal at Yucca Mountain with multiple cost estimates that represent 

the variation in the defense share. 

This document consists of 5 sections: Section 1 provides a comparison to the previously 

published fee adequacy assessment; Section 2 provides a discussion of the impact of funding on 

the fee adequacy assessment; Section 3 describes the cost, income, and economic factors 

analyzed; Section 4 describes the methodologies used in this analysis; and Section 5 presents the 

results of the fee adequacy analyses. 

1.2 Comparison with the Previously Published 2001 Fee Adequacy Assessment 

In 2001, the Department issued the last published fee assessment, Nuclear Waste Fee Adequacy: 

An Assessment, May 2001, DOE/RW-0534. It was based on the 2001 Analysis of the Total 

System Life Cycle Cost of the Civilian Radioactive Waste Management Program, DOE/RW0533, and concluded that there was no need to change the fee at that time. Although the design 

and assumptions for the repository system have matured and economic assumptions have 

changed since then, this assessment confirms that there is still no need to change the fee at this 

time. Table 1 highlights some of the key assumptions used for the two assessments. In 

summary, the major changes are that the anticipated total waste quantities have increased 

approximately 26 percent and civilian waste quantities have increased approximately 30 percent, 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 3 

resulting in a total cost increase of 38 percent in constant value dollars. At the same time, system 

design has become better defined and forecasted inflation and interest rates are lower. 

Table 1: Differences between the 2001 and 2007 Fee Adequacy Analyses 

2 IMPACT OF INADEQUATE FUNDING ON THE DETERMINATION 

OF FEE ADEQUACY 

The analysis in this report utilizes the historical methodology and assumptions that were used in 

prior fee adequacy assessments. When conducting total system life cycle cost estimates and fee 

adequacy assessments, the Department continues to assume that the future funds needed to meet 

the schedules and operations of the system are provided consistently and without reductions. 

Consistent funding is required so that acquisitions and operations can be planned and executed 

on schedule and within budget. Sustained annual funding well above current and historic levels 

will be required to construct and operate the repository. Funding at current levels in future years 

will not be adequate to support design and the necessary concurrent capital purchases for 

repository construction, transportation infrastructure, and transportation and disposal canisters. 

The funding process outlined in the NWPA was intended to ensure that the generators of waste 

would pay the full costs of disposal and that the money paid into the Nuclear Waste Fund (NWF) 

would be available as needed to develop a repository expeditiously. Deficit control legislation 

enacted after the NWPA was passed, beginning with Gramm-Rudman-Hollings in 1985, changed 

the structure of the funding process envisioned in the NWPA. Instead of being available as 

Element 2001 2007 

Waste Quantity 97,000 MTHM 122,100 MTHM 

 Civilian 83,800 MTHM 109,300 MTHM 

 Government-Managed ~13,200 MTHM 12,800 MTHM 

System Design Separate canisters for shipment 

and disposal 

Limited aging capability 

Transportation, Aging, and 

Disposal (TAD) Canister-based 

system 

Aging pad capacity of 27,000 

MTHM 

Surface Facilities in 

Geologic Repository 

Operations Area 

One multi-purpose building Six modular buildings 

Transportation Mode / 

Nevada Rail Route 

Mostly Rail / Average cost of 

possible Nevada rail routes 

Mostly Rail / cost for the 

Caliente route 

Estimated Total LifeCycle Cost $57.5 billion (Constant 2000$) 

($69.7 billion in Constant 2007$) 

$79.3 billion (Constant 2000$) 

($96.2 billion in Constant 2007$) 

Civilian Cost Share 72.8% 80.4% 

Real Interest Rate (Global 

Insight Trend) 

4.2% 3.5% 

Inflation Rate (Global 

Insight Trend) 

3.0% 2.0% 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 4 

needed by the Program, fee receipts are now scored on the mandatory side of the federal budget, 

because fee payments are required by the NWPA. Program expenditures, however, are scored as 

discretionary, because they require appropriations. The Program must compete with other 

discretionary activities within the Department of Energy and across the Government to get 

access to the funds in the NWF. Since mandatory and discretionary accounts are treated 

separately, the utility fees, scored as mandatory receipts, cannot be used to directly offset 

discretionary expenditures as was intended by the Nuclear Waste Policy Act. 

Now, under this arrangement, the fee receipts have no direct impact on the amount that can be 

appropriated to perform the disposal service for which the fee is being paid. As a result, the 

ability to use the NWF for its intended purpose has been limited by artificial constraints in the 

budget process. Through Fiscal Year (FY) 2007, less than 45 percent of fee income and less 

than 26 percent of total annual fee and investment income was appropriated. 

The funding mechanism as it currently exists is not adequate to provide the funding needed to 

allow DOE to execute its mission under the NWPA. In legislation that the Administration 

submitted to the 109th Congress and has submitted again to this Congress, the Administration 

proposes changes to reclassify mandatory NWF receipts as discretionary in an amount equal to 

appropriations from the Fund for authorized waste disposal activities. 

While this assessment does not warrant a change in the fee, without a change to the current 

budgetary process to allow consistent and sufficient annual funding, the assumption that 

adequate funding is provided can not be maintained. Without a consistent funding mechanism, 

the Program is limited in its ability to have confidence in a baseline and cost estimate, which 

threatens the Federal Government’s ability to ensure a full cost recovery Program through fee 

adequacy assessments. 

3 COST, INCOME, AND ECONOMIC ASSUMPTIONS USED FOR THE 

ASSESSMENT 

Various economic conditions and defense shares were used to evaluate their effect on revenue 

and fee adequacy. Seven economic projections are combined with four defense shares and the 

current total system life cycle cost estimate, to provide 28 scenarios upon which to assess the fee 

adequacy. Making an adjustment to the defense share, while maintaining constant total cost, is 

used only for fee adequacy purposes; if there were actual variations in defense waste quantity, 

the total cost would not remain constant. By taking a range of defense shares and economic 

projections, the Department makes the best assessment, at this time, whether the fee would 

probably be adequate to sustain the Program for the life of the Program under the currently 

available assumptions. The Nuclear Waste Policy Act, of 1982 did not outline the methodology 

by which the Secretary is to assess the fee annually. Projecting the sustainability of the Nuclear 

Waste Fund to have appropriate assets for a 150 year period may improve over time. The 

Department has conducted these annual assessments since 1984, and it is expected that the 

analysis will improve as the Program matures. 

 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 5 

3.1 Total System Life Cycle Cost Estimate for the Assessment 

A Total System Life Cycle Cost (TSLCC) estimate was prepared in 2007 for fee adequacy 

analysis purposes. The life cycle cost estimate reflects current system designs presented in the 

Yucca Mountain license application submitted to the Nuclear Regulatory Commission (NRC) on 

June 3, 2008 seeking construction authorization and other major assumptions outlined below. 

The TSLCC assumes a system capable of accepting and disposing of SNF and HLW equivalent 

to 122,100 MTHM. This estimate includes all defense wastes as well as past and projected 

discharges from commercial utilities, including the 47 nuclear power reactors that had received 

life extensions as of January 2007. The life cycle cost estimate for this system is $96.2 billion in 

2007$ and $79.3 billion in 2000$. 

The NWPA, as amended, limits the amount of SNF and HLW that can be emplaced in the first 

geologic repository to 70,000 MTHM until a second repository is in operation. There is no 

current cost estimate, design, or authorization for a second repository. Without authorization 

and a reliable estimate for a second repository, the 2007 TSLCC assumes that legislation 

removing the statutory emplacement limit of 70,000 MTHM at Yucca Mountain will be enacted, 

so that additional costs for the siting, characterization, licensing, and construction of a second 

repository will not be incurred. 

The Program schedule assumes that the Department receives authorization from the NRC to 

commence construction in 2011. At the time of the estimate the TSLCC estimate assumed waste 

transportation and repository surface and subsurface operations will start in 2017 and 

emplacement will end in 2073. Subsequently, because of budget reductions, the Program is 

revising its baseline schedule, and future cost estimates will reflect the revised baseline. The 

2007 estimate assumed that monitoring, including the installation of drip shields, will take place 

following the end of emplacement activities. Closure and decommissioning activities will follow 

monitoring. The Department expects annual costs during the monitoring period to be 

significantly lower than during the emplacement period, thereby allowing growth of the NWF’s 

investments in order to fund the cost of drip shield emplacement and closure in the last 20 years 

of the Program’s life. 

An overview of the key variables used for the cost estimate is provided in Table 2. 

Table 2: Key Variables 

Total MTHM 122,100 

 Civilian 109,300 

 Defense 12,800 

License Renewals 47 

Start Date 2017 

End of Transportation 2063 

End of Emplacement 2073 

Closure 2133 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 6 

The 2007 TSLCC analysis assumes a primarily canister-based waste handling system,1

 also 

known as the transportation, aging, and disposal (TAD) canister approach. Under this system, 

commercial generators are assumed to provide SNF to DOE sealed in canisters that can be used 

for transport to the repository, temporary surface storage, if necessary, and placement in a waste 

package suitable for ultimate underground disposal at Yucca Mountain. 

A summary of results of the cost analysis is provided in Table 3 and shown in Figure 2. The 

TSLCC estimate includes estimated historical costs through fiscal year 2006 of $13.5 billion (in 

2007 dollars; $11.2 billion in 2000 dollars and $9.5 billion in year-of-expenditure dollars). 

Approximately 87 percent of future waste management system costs will be incurred by the end 

of emplacement operations, expected in 2073. The remaining 13 percent of costs will be 

dedicated to repository monitoring, the installation of drip shields, and the closure and 

decommissioning of repository facilities. 

Table 3: Summary of Cost Results 

Billions of constant 2007$ 2000$

Repository $64.7 $53.4

Transportation $20.3 $16.7

Balance of Program $11.2 $9.2

TOTAL $96.2 $79.3

Individual elements may not sum due to rounding. 

Includes historical costs (1983 – 2006) of $13.5 billion (in 2007$; 

$11.2 billion in 2000$ and $9.5 billion in Year-of-expenditure dollars). 

 

1

 “New Yucca Mountain Repository to be Simpler, Safer, and More Cost Effective”, Press Release, October 25, 

2005. 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 7 

$0

$200

$400

$600

$800

$1,000

$1,200

$1,400

$1,600

$1,800

$2,000

1983199320032013202320332043205320632073208320932103211321232133

Year

Millions of 2007 Dollars

Historical (1983 - 2006)

Balance of Program (2007 - 2133)

Transportation (2007 - 2073)

Repository (2007 - 2133)

Figure 2: Annual Total System Life Cycle Cost Profile 

3.2 Income Projections 

The OCRWM has two sources of revenue: payments made by the U.S. Government for disposal 

of defense-related SNF and HLW and fees paid by commercial generators of SNF and HLW, 

including income from the portion of civilian fees invested to fund long-term Program costs. 

Defense and civilian waste owners are required to cover their respective costs for disposal by the 

waste management system. Defense costs are expected to be fully covered by annual Defense 

Nuclear Waste Disposal appropriations. 

 

Utility fee payments are deposited in the NWF, a separate account in the U.S. Treasury. A 

portion is appropriated to meet current Program costs, and the remainder is invested to meet 

long-term needs. Revenues from the Fund’s investments are necessary to cover the cost of 

Program activities from the expected end of nuclear power generation in 2046 through repository 

decommissioning in 2133. 

Fees collected from utilities through September 2007 totaled approximately $21.9 billion 

(2007$). Future one mill per kWh and one-time fee income from utilities totals $19.0 billion 

(2007$) through 2046. Projections of kWh fee income are based on forecasts of electricity 

generation and sales made by the DOE’s Energy Information Administration (EIA) and 

incorporate the 47 reactors that had received 20-year license extensions as of January 2007. 

Several utility purchasers also owe the Department one-time fees for disposal of waste from 

electricity generated and sold prior to 1983. Each of these utilities must pay its one-time fees, 

plus accumulated interest, prior to the acceptance of SNF at the utility site. For purposes of this 

analysis, payments of outstanding one-time fees were assumed to occur in the year the 

Department would begin waste acceptance from that utility. 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 8 

NWF investments also provide civilian revenue through both interest payments and bond 

maturities. Investment income projections are derived from the current portfolio and the 

investment of surplus cash flows in future years. The current portfolio contains U.S. Treasury 

securities with maturities through 2037. For purposes of this analysis, starting in FY 2008, 

surplus cash flow (revenues from all sources minus Program costs) is assumed to be invested in 

30-year Treasury bonds. 

For this fee adequacy analysis, the defense share of payments is varied at 15, 20, 25, and 

30 percent to test the adequacy of the civilian fee under various share scenarios. Making an 

adjustment to the defense share while maintaining constant the total cost is used only for fee 

adequacy purposes. If defense waste quantity actually varied, the total cost would not remain 

constant. The effect of a lower defense share is similar to that of a higher total Program cost for 

evaluating the adequacy of the fee, because civilian share, paid from the Nuclear Waste Fund, 

would be required to fund more of the total cost of the Program. 

3.3 Economic Projections 

Interest and inflation rates affect long-term income projections and are another component in 

assessing the adequacy of the fee. This analysis uses seven series of interest and inflation rates 

from five separate sources. There are five economic forecasts, three from Global Insight (GI), 

one from the EIA, and one based on data from the Office of Management and Budget (OMB). 

The other two scenarios are developed using current market data from Ryan Labs and long-term 

historical averages from Ibbotson Associates. 

Interest rate projections were extended beyond the forecast period to cover the full 126 years 

remaining in the Program’s life. The method used to extend each series is described below. 

Global Insight

Global Insight, a leading global econometric forecasting firm, provides three series of projections 

of economic conditions over the next 30 years. The combination of their Optimistic, Trend, and 

Pessimistic forecasts is considered to encompass 90 percent of likely scenarios for future 

economic growth, exclusive of a major, unforeseen economic crisis (Global Insight 2007). 

The Trend series represents Global Insight’s base case forecast. The trend forecast assumes that 

the economy (i.e., Gross Domestic Product) will grow smoothly at its potential rate over the next 

30 years, consistent with projected growth in underlying factors such as population, capital 

investment, and technology development. The Optimistic forecast generally predicts higher 

economic growth (e.g., higher population growth, higher consumer confidence) while 

maintaining a relatively low rate of inflation. The Pessimistic forecast generally predicts lower 

economic growth with higher inflation. The terms ‘Optimistic’ and ‘Pessimistic’ as used by 

Global Insight refer to the level of economic growth in general, not to those conditions most 

suitable for increase in the NWF balance. Inflation tends to reduce fee adequacy by reducing the 

value of the fee and investment revenues received. Because the Pessimistic forecast projects 

higher inflation, it tends to lead to a negative forecast in terms of fee adequacy. Likewise, the 

Optimistic forecast has lower inflation, which increases the adequacy of the fee. 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 9 

The average of the forecasted rates in each Global Insight series is used to extend data through 

the end of the Program’s life. 

U.S. Department of Energy, Energy Information Administration

Data from EIA’s Annual Energy Outlook 2007 report provides an additional perspective on 

predicted inflation and interest rates through 2030. Their projections are intended to reflect the 

interaction between economic conditions and energy supply and demand. The average of the 

forecasted rates is used to extend data through the end of the Program’s life. 

Office of Management and Budget

Projections by OMB come from two sources. One is OMB’s annually updated Circular A-94, 

Guidelines and Discount Factors for Benefit-Cost Analysis of Federal Programs (OMB 2007), 

with revised guidance for the real interest rate. It recommends a single real interest rate for use 

in calculating the present value of cash flows from long-term (30+ year) government projects. 

This rate is used for the life of the Program. The second is inflation and short term interest rate 

data contained in the FY 2008 Presidential Budget projection covering the next six years. For 

years after 2013, the average of the six years is used. 

Market Yield Rates

Market yield data and associated implied inflation rates have been added to this year’s report. 

They reflect the consensus interest rates currently demanded by investors. Ryan Labs, the 

NWF’s investment consultant and a manager and advisor to many clients with long-term 

obligations, documents daily risk and reward across the relevant investment universe. Ryan 

Labs monitors interest rates on Treasury securities. Nominal interest rates on conventional 

Treasury securities include a premium for the inflation level that investors expect. Inflationlinked securities, called Treasury Inflation-Protected Securities (TIPS), do not include this 

premium and are adjusted semiannually by the Treasury to pay investors for actual inflation. 

The difference in yields between conventional and inflation linked securities reflects expected 

inflation and the yield on inflation-linked securities is the “real,” or inflation-free, interest rate. 

Ryan Labs provides nominal, real, and expected inflation rates for maturities from 0 to 30 years. 

The 30th-year (2037) rates were extended through the end of the life cycle. 

Historical Rates 

Historical rates are reported in Stocks, Bills, Bonds, and Inflation (Ibbotson, 2006) and represent 

the total annual holding period returns from various investments. For example, if Ibbotson 

reports one-year return of 5.87 percent, it indicates that one dollar invested at the beginning of 

the year was worth $1.0587 by the end of the year. The 40-year average of historical rates for 

90-day Treasury bills, 10-year bonds, and inflation are used. Ten-year bonds are used because 

Treasury temporarily suspended issuance of 30-year bonds.

Table 4 shows the extended interest and inflation rates from the sources used. 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 10 

Table 4: Summary of Inflation and Real Interest Rates 

Series Description

Forecast/ 

Historical 

Period

Inflation 

Rate

Real 

Interest 

Rate

90-Day 

Treasury 

Bill Rate

Global 

Insight 2007 

Trend 

Fiscal Year Averages 

(Base Case) 2007-2037 1.96% 3.50% 4.71% 

Global 

Insight 2007 

Optimistic 

Fiscal Year Averages 

(High Economic 

Growth Case) 

2007-2037 1.47% 3.47% 3.99% 

Global 

Insight 2007 

Pessimistic 

Fiscal Year Averages 

(Low Economic 

Growth Case) 

2007-2037 4.00% 2.62% 7.41% 

Office of 

Management 

and Budget 

Inflation and 90-Day T-Bill 

Interest Rate Forecast from 

President’s Budget; 

Current 30 Year Bond 

Discount Rate 

2007 to 

2012 

(inflation), 

2036 

(interest) 

2.30% 3.00% 4.10% 

DOE Energy 

Information 

Administration 

Fiscal year averages for 

2007-2030; Average of the 

data from 2007-2030 used 

for years beyond 2030 

2007-2030 2.38% 3.84% 4.78% 

Ibbotson 

Historical 

Historical fiscal year 

average used for years 2007 

and beyond 

1966-2006 4.63% 3.03% 5.89% 

Market Yield 

Rates 

Market yield fiscal year 

averages for 2007-2037; 

2037 values used for 

subsequent years 

2007-2037 2.47% 2.24% 5.06% 

4 METHODOLOGY 

To evaluate the adequacy of the kWh fee, 28 scenarios were created and tested based on the 

possible combinations of four civilian/defense share allocation percentages and seven economic 

projections. For each scenario, the model begins with the current NWF balance, adds fee and 

investment income expected during the year and subtracts spending expected during the year to 

arrive at a year-end balance. This process is repeated for each year until the end of the 

Program’s life to arrive at a final NWF balance. 

The scenario methodology is intended to examine potential outcomes under a broad range of 

possible circumstances. Changing economic conditions have the greatest effect on financial 

outcomes and the Global Insight scenarios cover 90 percent of the paths the economy is likely to 

take, barring an economic crisis. The historical scenario (Ibbotson) reflects data from the oil 

shocks of the 1970s. 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 11 

Changing cost shares have smaller effects on outcomes. The selected cost shares are considered 

to represent the likely range for the current total defense waste quantity. 

The projected NWF balances should be seen as indications of the relative adequacy of the 

current fee level under a variety of scenarios, rather than as predictions of the actual NWF 

balance in 2133. 

5 FEE ADEQUACY RESULTS 

A summary of results is shown in Table 5 and graphed in Figure 3 at the end of this document. 

Results are organized from most favorable to least favorable economic conditions and highest to 

lowest defense share. Of the 28 scenarios analyzed, 18 result in a positive NWF balance in 2133. 

 

Table 5: Fee Adequacy Results: Nuclear Waste Fund Balance in 2133 

Economic Scenarios 

Scenario Group Scenario Name 

Defense 

Share 

Scenarios 

Potential Balance at 

End of Program (2133) 

(billions of constant 2007 dollars) 

30% $689.76 

25% $517.59 

20% $382.96 Positive 

Global Insight 

2007 

(Optimistic) 15% $268.39 

30% $609.45 

25% $426.57 

20% $283.72 

Global Insight 

2007 (Trend) 

15% $162.25 

30% $793.54 

25% $533.50 

20% $331.27 

Energy 

Information 

Administration 15% $159.93 

30% $251.49 

25% $145.88 

20% $61.53 

Office of 

Management and 

Budget 15% ($11.45) 

30% $78.61 

25% $30.42 

20% ($8.62) 

Base Case 

(Trend) 

Market Rates 

15% ($42.77) 

30% $54.57 

25% ($17.22) 

20% ($74.68) 

Global Insight 

2007 

(Pessimistic) 15% ($124.48) 

30% ($4.61) 

25% ($112.79) 

20% ($199.52) 

Negative 

Ibbotson 

Historical 

15% ($274.79) 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 12 

This analysis is conducted each year to evaluate the adequacy of the fee using current income, 

programmatic, and economic assumptions. It is understood that any adjustment to the fee would 

require compelling evidence that such an adjustment is necessary to ensure future full cost 

recovery. Such evidence would likely come from more than a single year’s analysis. In the 

event the Secretary determines that the fee is either too low or too high, the Secretary is required 

to transmit a proposed adjustment to Congress. 

5.1 Impact of Cost Share Allocations 

A methodology for allocating costs between government-managed nuclear materials and 

commercial wastes was developed by public rulemaking and published in the Federal Register 

on August 20, 1987 (52 FR 31508). This rule provides guidance for calculating the defense and 

civilian shares of total costs. Using the assumptions in the 2007 TSLCC, the defense share of 

total Program cost is 19.6 percent for 2007. The defense share, however, adjusts each year as 

assumptions change. To provide a conservative analysis of the adequacy of the fee, a range of 

defense and civilian shares are used in fee adequacy scenarios. 

Making an adjustment to the commercial/defense cost share, while maintaining constant total 

cost, is used only for fee adequacy purposes. The defense share actually adjusts as assumptions 

change. In the 2001 TSLCC and fee adequacy reports, the defense share was approximately 

27.3% of the total cost. The current downward trend for the defense share is a result of increased 

commercial SNF, not a change in the amount of defense waste accepted for disposal. If the 

defense waste quantity were to increase, there would be an increase in the total cost. However, a 

range of defense waste amounts was not used for this fee adequacy analysis. 

Any detailed analysis of the variation in defense share allocation would require an adjustment in 

the total cost of the Program, a range of defense shares is provided in the report at the same 

Program cost level to provide a perspective of the potential impact of the defense share variation 

on fee adequacy. 

Four civilian/defense share scenarios, ranging from 15 percent defense and 85 percent civilian to 

30 percent defense and 70 percent civilian, were analyzed. These define a likely range of 

possible defense and civilian cost share allocations. The civilian shares determine the funding 

required from civilian fees, interest income, and the principal balance of the NWF. The effect of 

a lower defense share is similar to that of a higher civilian Program cost. Higher defense shares, 

by lowering the civilian percentage of costs, make the fee more adequate. A higher defense 

share reduces civilian costs and allows greater growth in the NWF. 

5.2 Economic Forecasts 

Seven economic forecasts were examined for their effect on fee adequacy. Four of these 

scenarios are best estimate, trend, or base case forecasts, which attempt to project the most likely 

outcome given current trends. Two of the forecasts are Global Insight’s efforts to present a 

range of forecasts that would encompass 90 percent of all economic scenarios. The remaining 

series provides historical data. The current market conditions case is considered a base case, 

because it represents the consensus view of all market participants. 

The data in Table 6 show that higher real interest rates and lower inflation improve fee adequacy. 

Economic conditions with low real interest rates and high inflation are the least beneficial. With 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 13 

a higher real interest rate and lower inflation, such as in the Global Insight Optimistic scenario, 

the balance at the end of the life of the Program would be ample, whereas in a scenario with low 

real interest rates and high inflation, such as the Global Insight Pessimistic scenario, adjustment 

to the fee may be required at some point to ensure there are sufficient funds for the life of the 

Program. 

5.3 Fee Adequacy Conclusion 

A variety of scenarios were analyzed to assess the adequacy of the one mill per kWh fee paid by 

utilities. The FY 2007 TSLCC, reflecting the latest estimate of total life cycle costs through the 

end of the Program in 2133, was used for Program costs. A total of 28 cases with varying 

economic conditions and cost shares were evaluated. Sixteen of the cases are base case or trend 

economic scenarios, representing the most likely outcomes based on market or forecasted 

estimates, with average rates from the forecast period (typically 25 or 30 years) applied 

throughout the Program life. Twelve scenarios are derived using less likely positive and 

negative economic scenarios. The defense payment ranged from 15 to 30 percent of total 

Program cost. The fee adequacy is assessed by estimating the NWF balance at Program’s end in 

2133. If the NWF is positive at the Program’s end, then fees are considered to be adequate to 

cover the cost of the Program. 

Table 6: Results of Economic Scenarios 

Number of Cost 

Share Cases with 

Scenario 

Group 

Economic 

Scenario

Average 

Inflation

Average 

Real 

Interest

Positive 

Ending 

Balances

Negative 

Ending 

Balances

 Positive Global Insight 

Optimistic 1.47% 3.47% 4 0 

Global Insight 

Trend 1.96% 3.50% 4 0 

DOE Energy 

Information 

Administration 

2.38% 3.84% 4 0 

Office of 

Management 

and Budget 

2.30% 3.00% 3 1 

Base Case 

(Trend) 

Market Rates 2.47% 2.24% 2 2 

Global Insight 

Pessimistic 4.00% 2.62% 1 3 

Negative Ibbotson 

Historical 4.63% 3.03% 0 4 

TOTAL 18 10 

Of the 28 scenarios evaluated, 18 had positive NWF balances at Program end, indicating that 64 

percent of scenarios had adequate fees. The result was dependent on both the economic scenario 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Report 

July 2008 14 

selected and the percentage of defense share. Six of the seven scenarios with 30 percent defense 

shares had adequate fees, whereas only three of the seven scenarios with 15 percent defense 

share had adequate fees. Likewise, all of the four most positive economic scenarios had 

adequate fees, as did 13 of the 16 base case scenarios. However, only one of the eight negative 

economic scenarios had adequate fees. These results differ from those found in the 2001 fee 

adequacy analysis in which the fee remained adequate in all the scenarios analyzed. In the 2007 

fee adequacy analysis, some of the scenarios indicate that an increase in the fee may be needed in 

the future, if certain economic projections prevail. 

Overall, this assessment concludes that the fee will be adequate to meet the FY 2007 life cycle 

estimate of the civilian share of Program costs under most estimates of economic conditions and 

expected defense shares, using the assumptions in the TSLCC estimate. 

The Department would not make a decision to adjust the fee based solely on one year’s fee 

assessment. If assumptions for the TSLCC estimate change significantly, however, or if 

economic projections trend in future years to have low real interest rates and high inflation, a fee 

adjustment may need to be considered. In particular, one significant analytical assumption is that 

sufficient and consistent funding will be provided to meet the Program’s needs so that the 

milestones in the TSLCC estimate can be maintained. This analysis did not evaluate possible 

results if the Program were to continue to receive funding at the historical annual levels of only 

$300 million to $600 million, nor did it evaluate the impact of an unreliable funding process on 

the construction schedule. If funding reform to provide reliable, consistent, and sufficient 

funding each year is not authorized, future fee assessments may need to include a cost scenario 

in which consistent and sufficient funding each year is not assumed. 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Letter Report 

July 2008 

$690

$518

$383

$268

$609

$427

$284

$162

$534

$331

$160

$251

$146

$62

-$11

$79

$30

-$9

-$43

$55

-$17

$794

($400)($200)

$0

$200$400$600$800

Figure 3: Fee Adequacy Assessment Results 

Nuclear Waste Fund Balance in 2133 (billions of constant 2007 dollars) 

Econ 

Scenario 

GI 

Opt 

GI 

Opt 

GI 

Opt 

GI 

Opt 

GI 

Trnd 

GI 

Trnd 

GI 

Trnd 

GI 

Trnd EIA EIA EIA EIA OMB OMB OMB OMB 

Mkt 

Rate 

Mkt 

Rate 

Mkt 

Rate 

Mkt 

Rate 

GI 

Pess 

G

Pe

Def % 30% 25% 20% 15% 30% 25% 20% 15% 30% 25% 20% 15% 30% 25% 20% 15% 30% 25% 20% 15% 30% 25

NWF 

Balance 690 518 383 268 609 427 284 162 794 534 331 160 251 146 62 -11 79 30 -9 -43 55 -1
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Letter Report 

July 2008 16

REFERENCES 

Documents Cited

DOE (U.S. Department of Energy). Analysis of the Total System Life Cycle Cost of the Civilian 

Radioactive Waste Management Program. DOE/RW-0591. Washington, DC, 2008: U.S. 

Department of Energy, Office of Civilian Radioactive Waste Management. 

DOE (U.S. Department of Energy). Annual Energy Outlook 2007 with Projections to 2030, 

DOE/EIA-0383. Washington, DC, 2007: U.S. Department of Energy, Energy Information 

Administration. 

DOE (U.S. Department of Energy). Civilian Radioactive Waste Management System 

Requirements Document (CRD), Rev. 7, DOE/RW-0406. Washington, DC, 2006: U.S. 

Department of Energy, Office of Civilian Radioactive Waste Management. 

DOE (U.S. Department of Energy). Draft Supplemental Environmental Impact Statement for a 

Geologic Repository for the Disposal of Spent Nuclear Fuel and High-Level Radioactive Waste 

at Yucca Mountain, Nye County, Nevada (Repository SEIS). DOE/EIS-0250F-S1D. Las Vegas, 

Nevada, 2007: U.S. Department of Energy, Office of Civilian Radioactive Waste Management. 

DOL (U.S. Department of Labor). Not Seasonally Adjusted Consumer Price Index, U.S. City 

Average for all consumers (CPI-U, NSA), Washington, D.C., 2007. U.S. Department of Labor, 

Bureau of Labor Statistics 

Global Insight, The U.S. Economy, The 30-Year Focus, First-Quarter 2007, Waltham, MA, 2007. 

Huizenga, D.G. 2001. "Integrated Acceptance Schedule for Department of Energy Spent Nuclear 

Fuel and High-Level Waste." Memorandum from D.G. Huizenga (DOE) to L.H. Barrett 

(DOE/OCRWM), July 11, 2001, with attachment. 

Ibbotson Associates, Stocks, Bonds, Bills, and Inflation, 2006 Yearbook, Market Results for 

1926-2005. Chicago, IL, 2006.

Codes, Standards, Regulations, and Procedures Cited

48 FR (Federal Register) 16599. Code of Federal Regulation Title 10 Part 961, Standard 

Contract for Disposal of Spent Nuclear Fuel and/or High-Level Radio Active Waste. 

Washington, DC, April 18, 1983. 

52 FR (Federal Register) 31508. Energy: Civilian Radioactive Waste Management; Calculating 

Nuclear Waste Fund Disposal Fees for Department of Energy Defense Program Waste. 

Washington, DC, August 20, 1987. 

H. 15 Federal Reserve Bank Statistical Release of Selected Interest Rates for U.S. Treasury 

Securities, Washington, D.C. 2007. 
FY 2007 Civilian Radioactive Waste Management Fee Adequacy Assessment Letter Report 

July 2008 17

Nuclear Waste Policy Act of 1982. 42 U.S.C. 10101 et seq. Internet Accessible. 

Office of Management and Budget, Circular A-94, Guidelines and Discount Factors for BenefitCost Analysis of Federal Programs, Washington, D.C., Appended January 2007. 

Office of Management and Budget, FY 2008 Budget of the United States Government. Analytical 

Perspectives, Table 12-1 Economic Assumptions, Washington, D.C., 2007.