[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Notices]
[Pages 84127-84129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24286]


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DEPARTMENT OF ENERGY


Notice of Availability of the Final Environmental Impact 
Statement for Department of Energy Activities in Support of Commercial 
Production of High-Assay Low-Enriched Uranium (HALEU)

AGENCY: Office of Nuclear Energy, Department of Energy.

ACTION: Notice of availability.

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SUMMARY: The U.S. Department of Energy (DOE or the Department) 
announces the availability of the Final Environmental Impact Statement 
for Department of Energy Activities in Support of Commercial Production 
of High-Assay Low-Enriched Uranium (HALEU) (Final HALEU EIS) (DOE/EIS-
0559). DOE prepared the Final HALEU EIS in accordance with the National 
Environmental Policy Act (NEPA) to evaluate the No Action Alternative 
and the Proposed Action to acquire, through procurement from commercial 
sources, HALEU enriched to at least 19.75 and less than 20 weight 
percent U-235 over a 10-year period of performance, and to facilitate 
the establishment of commercial HALEU fuel production. The Proposed 
Action addresses the Energy Act of 2020 for the acquisition of HALEU 
produced by a commercial entity using enrichment technology and

[[Page 84128]]

making it available for commercial use or demonstration projects.

DATES: DOE will issue a Record of Decision based on the Final HALEU EIS 
no sooner than 30 days after the publication of the U.S. Environmental 
Protection Agency Notice of Availability of the Final HALEU EIS in the 
Federal Register.

ADDRESSES: Communications regarding the Final HALEU EIS should be sent 
to Mr. James Lovejoy, HALEU EIS Document Manager, by mail to U.S. 
Department of Energy, Idaho Operations Office, 1955 Fremont Avenue, MS 
1235, Idaho Falls, Idaho 83415; or by email to <a href="/cdn-cgi/l/email-protection#642c2528213149212d37240a1107080105164a010a0116031d4a030b12"><span class="__cf_email__" data-cfemail="c58d84898090e8808c9685abb0a6a9a0a4b7eba0aba0b7a2bceba2aab3">[email protected]</span></a>. The Final HALEU EIS is available for viewing or 
download at https://www.energy.gov/ne/haleu-environmental-impact-statement.

FOR FURTHER INFORMATION CONTACT: For information regarding the DOE 
HALEU Availability Program, visit https://www.energy.gov/ne/haleu-availability-program. For information regarding the HALEU EIS, visit 
https://www.energy.gov/ne/haleu-environmental-impact-statement, or 
contact Mr. James Lovejoy at either the mailing address listed in the 
ADDRESSES section, via email at <a href="/cdn-cgi/l/email-protection#aae2ebe6efff87efe3f9eac4dfc9c6cfcbd884cfc4cfd8cdd384cdc5dc"><span class="__cf_email__" data-cfemail="9ed6dfd2dbcbb3dbd7cddef0ebfdf2fbffecb0fbf0fbecf9e7b0f9f1e8">[email protected]</span></a>, or by 
telephone: (208) 526-4519. For general information on DOE's NEPA 
process, contact Mr. Jason Anderson at the mailing address listed in 
the ADDRESSES section, via email at <a href="/cdn-cgi/l/email-protection#8bc3cac7cedea6cec2d8cbe5fee8e7eeeaf9a5eee5eef9ecf2a5ece4fd"><span class="__cf_email__" data-cfemail="a4ece5e8e1f189e1edf7e4cad1c7c8c1c5d68ac1cac1d6c3dd8ac3cbd2">[email protected]</span></a>, or by 
telephone: (208) 360-3437.

SUPPLEMENTARY INFORMATION: 

Background

    The Energy Act of 2020, codified at 42 U.S.C. 16281(a)(1), directs 
DOE ``to establish and carry out . . . a program to support the 
availability of HA-LEU for civilian domestic research, development, 
demonstration, and commercial use.'' Section 2001(a)(2)(D)(v) of the 
Energy Act more specifically directs DOE to consider using enrichment 
technology to make HALEU available for commercial use or demonstration 
projects, where such HALEU is produced in the United States by--(I) a 
United States-owned commercial entity operating United States-origin 
technology; (II) a United States-owned commercial entity operating a 
foreign-origin technology; or (III) a foreign-owned entity operating a 
foreign-origin technology, 42 U.S.C. 16281(a)(2)(D)(v).
    The current U.S. commercial power reactor fuel cycle is based on 
low-enriched uranium (LEU) enriched to less than 5 percent of uranium-
235 (U-235), but many advanced reactor designs require HALEU.
    HALEU is defined as ``uranium having an assay greater than 5.0 
weight percent and less than 20.0 weight percent of the uranium-235 
isotope,'' 42 U.S.C. 16281(d)(4). In the United States, HALEU is 
currently made, in limited quantities, by blending down DOE stockpiles 
of highly enriched uranium (HEU) (enriched to 20 percent or greater), 
with natural uranium or lower enriched uranium (i.e., 
``downblending''). Anticipated demand from research reactors, isotope 
production facilities, and advanced nuclear reactors will require more 
HALEU to be manufactured for commercial purposes. DOE has limited 
capability to produce HALEU by downblending existing surplus stockpiles 
of HEU. A sufficient domestic commercial capability to produce HALEU 
through enrichment of natural uranium or LEU does not exist in the 
United States.
    DOE projects that more than 40 metric tons (MT) of HALEU will be 
needed by 2030 with additional amounts required each year thereafter to 
deploy a new fleet of advanced reactors in a timeframe that supports 
the Administration's 2050 net-zero emissions target. The lack of an 
adequate domestic, commercial fuel supply could impede both reactor 
demonstrations and the development of future advanced reactor 
technologies.
    As indicated by many commercial entities that responded to DOE's 
Request for Information (RFI) Regarding Planning for Establishment of a 
Program to Support the Availability of High-Assay Low Enriched Uranium 
(HALEU) for Civilian Domestic Research, Development, Demonstration, and 
Commercial Use, 86 FR 71055 (Dec. 14, 2021) (referred to as the 
``RFI''), there are potential timing and coordination issues with 
developing that capability. Those interested in designing, building, 
and operating advanced reactor designs that use HALEU fuel are hesitant 
to invest in the technology without a firm source of HALEU fuel. 
Likewise, those interested in providing HALEU fuel are hesitant to 
invest in facilities without a firm demand. As described in multiple 
responses to the RFI, this is a ``chicken-and-egg'' dilemma.
    This concern is a consistent theme in the industry responses to 
DOE's RFI. Responders emphasized the opportunity for DOE to be an agent 
for stability (both in assuring HALEU availability and market price 
certainty) during the initial phase of HALEU fuel production.
    To address this issue, an initial public/private partnership is 
intended to accelerate development of a sustainable commercial HALEU 
supply capability. If successful, this partnership could provide the 
incentive for the private sector to incrementally expand the capacity 
in a modular fashion as a sustainable market develops.
    In 2023 and early 2024, DOE published two Requests for Proposals 
(RFPs) specific to HALEU. One covers DOE's planned acquisition of HALEU 
as enriched uranium hexafluoride. The other is for deconversion 
services to deconvert enriched HALEU to other forms, such as metal or 
oxide, that will be used to fabricate fuels required by many advanced 
reactor developers. Under DOE's Request for Proposals for High-Assay 
Low-Enriched Uranium (HALEU)--Enrichment Acquisition (the ``Enrichment 
RFP''), DOE solicited responses from industry regarding DOE's proposal 
to acquire, through procurement from commercial sources, HALEU as 
uranium hexafluoride (UF<INF>6</INF>) enriched to a minimum of 19.75 
and less than 20 weight percent U-235.
    The enriched UF<INF>6</INF> must be deconverted to other forms, 
like oxide or metal, before it can be fabricated into HALEU fuel or put 
to other use. Under DOE's Request for Proposals for the High-Assay Low-
Enriched Uranium (HALEU)--Deconversion Acquisition (the ``Deconversion 
RFP''), DOE solicited responses from industry regarding DOE's proposal 
to acquire domestic HALEU deconversion services for HALEU and storage 
until future fuel fabrication.
    DOE issued an additional RFP in June 2024, for acquisition of LEU 
from domestic sources offering new production capacity. During the 
preparation of this EIS, responses to these Requests for Proposals were 
being evaluated and awards had not been made.

Alternatives

    The Final HALEU EIS evaluates potential environmental impacts for 
the Proposed Action and the No Action Alternative. The Proposed Action 
is to acquire, through procurement from commercial sources, HALEU 
enriched to at least 19.75 and less than 20 weight percent U-235 over a 
10-year period of performance, and to facilitate the establishment of 
commercial HALEU fuel production. The Proposed Action addresses Section 
2001(a)(2)(D)(v) of the Energy Act of 2020, codified at 42 U.S.C. 
16281, for the acquisition of HALEU produced by a commercial entity 
using enrichment technology and making it available for commercial use 
or demonstration projects.
    This Final HALEU EIS addresses the following activities 
facilitating the

[[Page 84129]]

commercialization of HALEU fuel production and acquisition of up to 290 
MT of HALEU under the Proposed Action: (1) mining, extraction, and 
recovery of uranium ore producing triuranium octoxide 
(U<INF>3</INF>O<INF>8</INF>) (from in-situ recovery or conventional 
mining and milling sources); (2) uranium conversion from 
U<INF>3</INF>O<INF>8</INF> to UF<INF>6</INF> for input to enrichment 
facilities; (3) enrichment in up to three steps (a) from natural 
uranium to LEU of no more than 5 weight percent U-235, (b) from LEU to 
HALEU greater than 5 and less than 10 weight percent U-235, and (c) to 
HALEU from 10 to less than 20 weight percent U-235; (4) HALEU 
deconversion from UF<INF>6</INF> to uranium oxide, metal, and other 
forms; (5) storage of HALEU; (6) transportation of uranium/HALEU 
between facilities; and (7) DOE acquisition of HALEU of at least 19.75 
weight percent and less than 20 weight percent U-235. While not 
specifically a part of the Proposed Action, the following related 
actions could result from implementation of the Proposed Action: (1) 
fuel fabrication for a variety of fuel types; (2) HALEU-fueled reactor 
(demonstration and test, power, isotope production) operations; and (3) 
spent fuel storage and disposition. Although these are reasonably 
foreseeable activities that could result from implementation of the 
Proposed Action, many of the specifics (e.g., locations, vendors, 
reactor designs, type of technology, fuel forms) are unknown or not 
developed. These activities are dependent upon decisions outside of the 
Proposed Action activities. Further, the extent to which these 
activities could happen and if so, where they would happen is unknown 
and highly speculative. Therefore, a detailed assessment of the impacts 
of these activities is not included in the EIS. DOE acknowledged and 
addressed the impacts from these reasonably foreseeable activities to 
the extent practicable in the Final HALEU EIS.
    While the Final HALEU EIS provides information that could be used 
to identify impacts from the construction and operation of HALEU fuel 
cycle facilities, the selection of specific locations and facilities 
will not be a part of the Record of Decision for this EIS.
    The No Action Alternative is the status quo, where DOE would not 
implement the Proposed Action and no sufficient domestic commercial 
supply of HALEU is available. Development of a domestic commercial 
supply of HALEU would be left to industry or industry would remain 
reliant on foreign supplies of HALEU.
    The Proposed Action--to acquire, through procurement from 
commercial sources, HALEU enriched to at least 19.75 and less than 20 
weight percent U-235 over a 10-year period of performance, and to 
facilitate the establishment of commercial HALEU fuel production--is 
DOE's Preferred Alternative.

Public Involvement

    The Final HALEU EIS follows the March 2024 release of the Draft 
HALEU EIS (DOE/EIS-0059). The U.S. Environmental Protection Agency 
published its Notice of Availability on March 8, 89 FR 16765 (Mar. 8, 
2024). DOE accepted comments through April 22, 2024. During the review 
and comment period, DOE held three virtual hearings, two virtual Tribal 
Listening Sessions, and one in-person Tribal Listening Session. DOE 
received comments from Federal and state agencies, Tribes, industry, 
nonprofit organizations, and the public. In preparing the Final HALEU 
EIS, DOE considered and responded to the comments received on the Draft 
HALEU EIS. Responses to all comment are included in Volume 3 of the 
Final HALEU EIS.

Signing Authority

    This document of DOE was signed on October 16, 2024, by Dr. Michael 
Goff, Acting Assistant Secretary for Nuclear Energy, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of DOE. This administrative process in no way alters the legal effect 
of this document upon publication in the Federal Register.

    Signed in Washington, DC, on October 16, 2024.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2024-24286 Filed 10-18-24; 8:45 am]
BILLING CODE 6450-01-P


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