8570 Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Notices 

1The White House, Fact Sheet: President Biden’s 

Leaders Summit on Climate, April 23, 2021, 

available at https://www.whitehouse.gov/briefingroom/statements-releases/2021/04/23/fact-sheetpresident-bidens-leaders-summit-on-climate/. 

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Ruth E. Ryder, 

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Programs, Office of Elementary and 

Secondary Education. 

[FR Doc. 2022–03208 Filed 2–14–22; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Notice of Intent and Request for 

Information Regarding Establishment 

of a Civil Nuclear Credit Program 

AGENCY: Office of Nuclear Energy, 

Department of Energy. 

ACTION: Notice of intent (NOI); request 

for information (RFI). 

SUMMARY: The Infrastructure Investment 

and Jobs Act (IIJA or the Act) directs the 

Secretary of Energy (Secretary) to 

establish a Civil Nuclear Credit (CNC) 

Program to evaluate and certify nuclear 

reactors that are projected to cease 

operations due to economic factors and 

to allocate credits to selected certified 

nuclear reactors via a sealed bid 

process. The U.S. Department of Energy 

(DOE or the Department) is issuing this 

NOI to notify interested parties of DOE’s 

intent to solicit applications for 

certification of nuclear reactors for 

eligibility to submit of sealed bids for 

CNC Program credits from nuclear 

reactor owners or operators that are at 

risk of ceasing operations due to 

economic factors and intent to request 

sealed bids from certified reactors for 

allocation of available credits. The NOI 

provides an opportunity for interested 

parties to submit to the Department a 

non-binding notice of their interest in 

submitting a confidential application for 

the CNC Program. The Department also 

seeks input from all stakeholders 

through this RFI regarding the 

establishment of a CNC Program 

including the application, certification, 

and selection processes. 

DATES: Written comments and 

information are requested on or before 

March 17, 2022. The Department 

intends to develop initial draft guidance 

for the certification applications during 

the NOI/RFI comment period. It is 

strongly preferred that respondents 

comment on issues affecting 

certification directly via the email 

address below by March 8, 2022. 

Comments relating to the certification 

received after this date may not be 

included guidance development. 

ADDRESSES: Interested parties may 

submit comments by any of the 

following methods: 

1. Email: rfi-cnc@nuclear.energy.gov 

(Strongly Preferred). Submit electronic 

comments in Microsoft Word or PDF file 

format and avoid the use of special 

characters or any form of encryption. 

Please include ‘‘Response to RFI’’ in the 

subject line. 

2. Online: www.regulations.gov. 

Submit all electronic public comments 

to www.regulations.gov. Click on the 

‘‘Comment’’ icon, complete the required 

fields, and enter or attach your 

comments. 

Instructions: All submissions received 

must include the agency name for this 

RFI. No facsimiles (faxes) will be 

accepted. Any information that may be 

business proprietary and exempt by law 

from public disclosure should be 

submitted as described in Section IX. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, DOE 

has found it necessary to make 

temporary modifications to the 

comment submission process in light of 

the ongoing COVID–19 pandemic. DOE 

is currently accepting only electronic 

submissions at this time. If a commenter 

finds that this change poses an undue 

hardship, please contact Office of 

Nuclear Energy staff at (202) 586–6231 

to discuss the need for alternative 

arrangements. Once the COVID–19 

pandemic health emergency is resolved, 

DOE anticipates resuming all of its 

regular options for public comment 

submission, including postal mail and 

hand delivery/courier. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information may 

be sent to: rfi-cnc@nuclear.energy.gov. 

Questions about the NOI may be 

addressed to Alden Allen at (208–526– 

7093). Questions about the RFI may be 

addressed to Kelly Lefler at (202–586– 

6231). 

SUPPLEMENTARY INFORMATION: 

I. Background 

Advancing U.S. clean energy, energy 

security, and economic competitiveness 

enabled by reliable electricity 

generation is a priority of the 

Administration.1 As energy markets and 

economic circumstances continue to 

shift, multiple zero-emission nuclear 

generation assets are at risk for early 

closure, and several have already closed 

prematurely due to economic 

circumstances. Such closures have 

resulted in increased air pollution in 

communities, including disadvantaged 

communities, where fossil generation 

has replaced lost nuclear generation, 

materially impeded the national goal of 

carbon pollution-free electricity by 

2035, and cost the nation thousands of 

high-quality union jobs. Further 

closures threaten to exacerbate these 

issues. Congress has appropriated funds 

to be allocated by DOE, using a credit 

allocation process, to certified nuclear 

reactors to prevent closure of carbonfree nuclear generation due to economic 

factors. DOE intends to execute the CNC 

Program in a manner that maximizes its 

contribution to the national objectives of 

clean energy generation, energy security 

and stability, and economic 

competitiveness. 

The IIJA directs the Secretary to 

certify operating nuclear reactors under 

the CNC Program based on 

determinations that each reactor is 

projected to cease operations due to 

economic factors, that cessation of 

operations would result in a projected 

increase in air pollutants, and that the 

U.S. Nuclear Regulatory Commission 

(NRC) has reasonable assurance that the 

reactor will continue to operate safely. 

Congress has appropriated $6 billion to 

fund credits awarded under the CNC 

Program and has authorized the 

Secretary to obligate up to $1.2 billion 

in Fiscal Year 2022. Amounts in excess 

of $1.2 billion required to fund awarded 

credits for subsequent fiscal years can 

be disbursed subject to the availability 

of funds. 

As required by the Act, the Secretary 

will certify those reactors that meet the 

criteria for CNC Program eligibility, 

establish a process for submittal of 

sealed bids from certified reactors, and 

allocate credits to selected certified 

reactors, noting certain priority 


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considerations. Credits will be awarded 

over a 4-year period beginning on the 

date of the selection. Nuclear reactor 

owners or operators may apply for 

recertification after that time and 

additional credits may be allocated 

through September 30, 2031, subject to 

the availability of funds. 

To be certified by DOE for eligibility 

to submit a bid for credits, a nuclear 

reactor must meet certain economic and 

other criteria. The Act delineates 

specific eligibility criteria and provides 

discretion for the Secretary to define 

additional eligibility criteria for 

certification of a qualifying nuclear 

reactor. The Secretary intends to issue a 

detailed Request for Applications for 

Certification (Request for Applications) 

and, from certified reactors, request 

sealed bids. Such Request for 

Applications will explain the evaluation 

framework and criteria for certification. 

The requirements of the subsequent 

sealed bid auction for credits may be 

published either in the Request for 

Applications or a subsequent guidance 

document. In establishing and 

administering the CNC Program, DOE 

will comply with all applicable statutes 

and regulations, including those 

requiring environmental review 

processes. 

II. Purpose 

This NOI/RFI provides notice of 

DOE’s intent to establish and implement 

the CNC Program and solicits feedback 

regarding the proposed approach 

described in this NOI/RFI. DOE’s 

proposed approach includes a Request 

for Applications to certify nuclear 

reactors for eligibility to submit bids for 

allocation of credits. DOE intends to 

evaluate such applications and certify 

reactors meeting the statutory 

requirements and then conduct a 

competitive bidding process for bids 

from certified nuclear reactors for 

allocation of available credits, and 

establish a periodic audit, as specified 

in section 40323 of the Act. In addition, 

DOE requests that interested parties 

submit to the Department a confidential, 

non-binding notice of their interest in 

submitting a confidential application for 

the CNC Program. 

III. Proposed Approach 

DOE proposes the following key 

elements and related rationale to guide 

its evaluation of applications for 

certification. DOE intends to administer 

the CNC Program pursuant to the 

authority provided in the IIJA. Although 

DOE may develop a process that draws 

on concepts in the Federal Acquisition 

Regulation and Federal financial 

assistance regulations, those regulations 

do not govern the CNC Program. 

Therefore, terms such as ‘‘application,’’ 

‘‘proposal,’’ or ‘‘bid’’ should be 

construed in the context of the CNC 

Program and not as commonly used in 

procurement or financial assistance 

actions. Feedback is solicited on each 

element, as well as the overall approach 

described. 

(1) Inclusivity. Pursuant to section 

40323(e)(3) of IIJA, DOE intends to 

utilize, to the maximum extent 

practicable, spending authority created 

by the Act to allocate credits to as many 

certified nuclear reactors as possible. 

DOE encourages the submission of 

applications for certification from all 

operating nuclear reactors that project 

ceasing operation due to economic 

factors and meet other criteria as 

specified. 

(2) Confidentiality. DOE will protect 

confidential, private, proprietary, or 

privileged business information from 

public release as allowed by statute and 

regulation unless otherwise approved by 

the applicant. Unless and until an 

applicant receives an award, DOE will 

treat the identity of each applicant and 

other identifying information as 

confidential business information for 

purposes of the Freedom of Information 

Act. 

(3) Acceptance of Applications. The 

Act directs that the Secretary accept 

reactor certification applications for 120 

days following the Act’s enactment, 

after which time the Secretary will 

evaluate and issue a decision on 

certification within 60 days. Reactors 

that receive State assistance including 

State zero-emission credits, State clean 

energy contracts, or other State program 

assistance may apply for certification 

beginning after the initial 120-day 

period. All non-certified reactors may 

apply during subsequent annual 

application periods. DOE proposes that 

applications for certification should be 

submitted for each individual reactor 

seeking credits. An exception is offered 

if the applicant asserts that there are 

multiple units at a given site with 

substantially identical financial 

situations, operations structures, and 

costs in which case a single application 

can be made for multiple reactors. In 

this circumstance, DOE proposes that 

the applicant should delineate in the 

single application the attributes of each 

individual reactor. 

(4) Standards of Analyses and 

Representation. Recognizing that the 

economic factors facing each reactor are 

specific to each owner and/or operator, 

and further recognizing that operating 

and market assessments may be 

inherently uncertain, DOE proposes to 

request that applicants for certification 

make a representation of the economic 

situation of the reactor. Applicants may 

be required to provide their modeling 

approach, data, and methodology to 

support their claim of projected ceasing 

operations, and describe how its 

modeling approach, data, and 

methodology are consistent with those it 

makes for other business planning and 

filings, or fully explain any 

inconsistencies. DOE seeks comment on 

whether it should establish a standard 

modeling approach and methodology 

that each applicant must complete as 

part of the application for certification 

in addition to, or instead of, any 

modeling approach and methodology 

that an applicant may propose. DOE 

anticipates that applicants will provide 

both publicly available and privately 

held data to validate the assumptions, 

data and methodologies used. DOE also 

anticipates that the rules governing the 

protection of business proprietary and 

procurement sensitive information may 

apply to the documentation submitted 

by applicants. As such, applicants will 

be expected to mark all submitted 

documents appropriately as described 

in Section IX. 

(5) Evaluation of Applications for 

Certification. DOE proposes to establish 

a review process, using a review panel 

comprised of DOE personnel. The panel 

will verify that the applicant has 

addressed each relevant aspect of 

certification, consistent with 

requirements and evaluation criteria as 

specified in the Request for Application. 

(6) NRC Assurance. DOE intends to 

rely on the NRC to indicate whether 

they have reasonable assurance that a 

reactor will continue to be operated in 

accordance with the current licensing 

basis and poses no significant safety 

hazards. 

(7) Consultation with Heads of Other 

Agencies. The Secretary will establish a 

process for the evaluation of bids in 

consultation with the heads of other 

applicable federal agencies. 

(8) Terminology. For the purposes of 

the CNC Program, DOE proposes that 

the term ‘‘credit’’ describes a claim to 

funds appropriated by the Act and 

administered through the CNC Program 

to successful applicants. A ‘‘reactor’’ is 

defined as an individual unit. 

(9) Credit Allocation and Funds 

Disbursement. DOE intends to allocate 

credits to as many certified nuclear 

reactors as possible consistent with the 

intent of the Act. Each award is 

intended to cover a 4-year period, with 

funds distributed annually based on the 

allocation of credits. DOE may obligate 

up to $1.2 billion of appropriated funds 

in Fiscal Year 2022 for the CNC Program 

and amounts in excess of $1.2 billion 


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required to fund awarded credits for 

subsequent fiscal years will be subject to 

the availability of funds. 

(10) Audit. Market and operations 

circumstances may change over the 

award period, and the economic loss 

forecasted in the nuclear reactor’s 

original bid may, in practice, be over- or 

underestimated. DOE intends to 

conduct a periodic audit of awardees, 

requesting a yearly operational and 

economic report from each awardee to 

assess any divergences from the 

projections made at the time of 

certification and the actual situation in 

each year with respect to economic 

circumstances and status of the 

awardee’s contractual commitments, 

such as megawatt-hours produced and 

other applicable contractual 

requirements. The schedule for annual 

reporting and funds disbursement will 

be determined by DOE and will 

consider the awardee’s business 

processes, to the extent practical. 

(11) Adjustment. In the event that 

actual economic performance during the 

period is such that the nuclear reactor 

did ‘‘not operate at an annual loss in the 

absence of an allocation of credits,’’ 

section 40323(g)(2) of the Act requires 

DOE to provide for recapture of 

allocated credits. As a means to reduce 

the need for recapture, it may be 

appropriate for DOE to create an annual 

settlement mechanism through which 

the value of a reactor’s credit allocation 

would be adjusted based on the bundle 

of market prices to which it is exposed. 

In this manner, several State zero 

emissions credits (ZEC) programs use 

market indices to adjust ZEC values. 

Applicants may be required to propose 

an index mechanism or a strike price 

against which market price values 

would be netted, or DOE may select a 

generic index or indexing methodology 

to be applied to all applications. If an 

indexing mechanism is employed, DOE 

proposes the index should be tied to 

economic factors related to the nuclear 

reactor’s operating profit or loss, and 

might include, for example, change in 

energy and capacity prices and benefits 

received from federal and state 

programs such as tax credits that reduce 

economic loss. It may also be prudent to 

place a ceiling on the adjusted credit 

value, for example to ensure that falling 

market prices do not cause DOE to owe 

more in a given fiscal year than its total 

amount of appropriated funds available. 

(12) Recapture. If an adjustment to 

allocated credits as described above is 

not possible despite material changes in 

economic performance, or if the reactor 

terminates operations, DOE may 

recapture the allocation of credits in 

part or in whole in accordance with the 

Act. The Act directs the Secretary to 

provide for the recapture of an 

allocation of credits from a nuclear 

reactor if the nuclear reactor (a) 

terminates operations; or (b) does not 

operate at an annual loss in the absence 

of an allocation of credits. 

In addition to feedback on each 

element described, specific questions 

regarding the design of the CNC 

Program are provided in Section VI. 

IV. Certification Criteria 

To implement the requirements of the 

CNC Program, DOE will establish a 

certification process to solicit 

applications from reactor owners and 

operators to establish eligibility for 

certification to be eligible to submit a 

sealed bid for allocation of credits. The 

applicant representing a nuclear reactor 

that is projected to cease operations due 

to economic factors will be required to 

submit to the Secretary information 

necessary to meet the minimum criteria 

to be certified. The Secretary will 

evaluate this information to determine if 

the nuclear reactor meets the minimum 

certification requirements to be eligible 

to submit a bid to be allocated credits, 

as established in section 

40323(c)(2)(A)(ii) of the Act. DOE 

intends to evaluate seven certification 

categories as outlined in the Act. These 

categories include: 

• Category 1—Competitive Electricity 

Market: The applicant must demonstrate 

that the nuclear reactor competes in a 

competitive electricity market. 

• Category 2—Economic Factors: The 

applicant must demonstrate that the 

nuclear reactor is projected to cease 

operations due to economic factors. 

Applicants must include information on 

the operating costs necessary to make 

the certification determination, 

including, but not limited to, average 

annual operating loss per megawatt 

hour over the 4-year period for which 

credits would be allocated. 

• Category 3—Emissions Impact: The 

applicant must estimate the potential 

incremental air pollutants that would 

result if the nuclear reactor were to 

cease operation. Applicants must 

demonstrate an increase in these 

emissions if operations of the nuclear 

reactor were to cease and the power 

generation were replaced with other 

types of generation. 

• Category 4—Post-Support 

Operations Plan: The applicant must 

provide a plan to sustain operation of 

the reactor after the 4-year award 

period, either without future credits or 

with a reduced level of credits. 

• Category 5—Uranium and Fuel 

Source: The applicant must identify, to 

the extent known, where fuel for the 

reactor will be sourced over the 4-year 

period for which credits may be 

allocated, including the uranium, 

conversion, enrichment, and fabrication 

source. In determining whether to 

certify a reactor, priority will be given 

to a nuclear reactor that uses, to the 

maximum extent available, uranium 

that is produced, converted, enriched, 

and fabricated into fuel assemblies in 

the United States. 

• Category 6—NRC Assurance: The 

NRC has reasonable assurance the 

reactor will continue to be operated in 

accordance with the current licensing 

basis and poses no significant safety 

hazards. 

• Category 7—Other Criteria: Other 

criteria that may be identified by the 

Secretary to be considered in 

certification. 

A general description of DOE’s 

proposed evaluation consideration in 

each certification category is described 

below. Feedback is solicited regarding 

the intent and rationale described in 

each category, and/or terminology used 

and other aspects of the proposed 

criteria or additional criteria that might 

be considered. Additional, specific 

questions regarding the proposed 

evaluation considerations are provided 

in Section VI. 

Category 1—Compete in a Competitive 

Electricity Market 

To be eligible for certification, section 

40323(a) of the Act requires that a 

nuclear reactor ‘‘competes in a 

competitive electricity market.’’ DOE 

proposes to interpret the Act as 

independent of reactor ownership. That 

is, a reactor may be deemed to compete 

in a competitive electricity market 

regardless of whether it is owned by a 

merchant generation company, a 

regulated utility, a public power utility, 

or another entity. DOE proposes the 

applicant should describe in detail how 

it competes in a competitive electricity 

market based on its exposure to market 

prices and other factors. DOE solicits 

comment on whether and under what 

circumstances the following commercial 

arrangements would qualify as 

competing in a competitive market: 

• Market dispatch (i.e., based on bids) 

by an Independent System Operator or 

Regional Transmission Organization 

(e.g., ISO New England, New York 

Independent System Operator, PJM 

Interconnection, Midcontinent 

Independent System Operator, Electric 

Reliability Council of Texas, Southwest 

Power Pool, and California Independent 

System Operator) in a real time energy 

market; 

• Participation in another marketbased selection mechanism for 


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electricity services such as a capacity 

market, ancillary services market, or 

day-ahead energy market; 

• Sales from the nuclear reactor using 

Federal Energy Regulatory Commission 

market-based rate authority; 

• Merit order dispatch (i.e., based on 

economics and impact on total system 

costs) by a vertically integrated utility; 

and 

• Selection in an all-source 

competitive solicitation process 

administered by a State public utility 

commission. 

Category 2—Economic Factors 

Section 40323(c) of the Act sets out 

the requirements for certification of an 

eligible nuclear reactor. To be eligible 

for certification, the Act requires that 

the nuclear reactor is projected to cease 

operations due to economic factors. 

DOE proposes that: 

(a) Economic factors include, but are 

not limited to, the following: 

Anticipated cost of producing 

electricity; anticipated market pricing, 

including all out-of-market revenues; 

regulated revenues; monetization of risk 

using reasonable and appropriate 

methods for the specific market, which 

may include impacts of renewable and 

clean energy mandates, energy source 

and delivery mandates, and others; 

operations and maintenance costs; 

capital costs, including depreciation 

and amortization; administrative costs, 

including corporate and similar 

allocations; and accounting for the 

operational risk and market risks faced. 

The sum of these factors provides a 

projection of the average profit, or loss, 

associated with the ongoing operation of 

the reactor, for each year in the 

prospective 4-year award period. 

Information will be requested for each 

year of the 4-year period, showing 

anticipated yearly changes (e.g., outages, 

etc.). To be certified as eligible to submit 

a bid for credits, DOE proposes that the 

nuclear reactor must demonstrate that it 

projects an average annual operating 

loss over the 4-year period for which 

credits would be allocated. 

(b) Consistent with the Act, DOE will 

consider all sources of revenue that a 

nuclear power owner or operator 

receives or expects to receive in the 4- 

year period during which credits would 

be allocated. For example, revenue may 

come from short-term power sales, 

power contracts, electricity and capacity 

markets, ZEC payments, revenue from 

other energy services (i.e., ancillary 

services), revenue from other products 

(e.g., heat energy, desalinated water, and 

hydrogen), and other federal and state 

programs, including tax credits. With 

respect to a regulated or public power 

utility (e.g., with cost recovery in retail 

rates) revenue would also include 

amounts collected in rates relating to or 

arising from the nuclear reactor for 

which certification is sought. 

(c) The representation of economic 

circumstance should be made by the 

reactor owner or operator, consistent 

with market analyses, operations cost 

assessments, risk (operations, business, 

market, or other) monetization and 

analyses, and other standards used by 

the owner or operator in their standard 

business process associated with the 

specific reactor(s). 

(d) The application for certification 

should clearly state what business, 

operational, and market risk is relevant 

to the operating unit profitability, and 

how those risks are monetized. DOE 

proposes to interpret the Act as 

considering a wide range of business, 

operational, and market risk factors. 

Any such risk that may result in the 

early closure of an operating nuclear 

reactor would be relevant. Applicants 

should explain each risk and provide 

estimates of the financial/economic 

impact of the risk for the nuclear 

reactor. DOE is seeking comment on 

types of risk to consider and whether it 

should consider a wide range of risk 

factors. 

(e) The applicant should provide the 

analysis used to calculate its economic 

circumstance and a description of key 

factors and inputs used in these 

analyses, describe the sensitivity of the 

analyses to key factors, discuss 

uncertainties associated with the 

projections, and describe why the 

assumptions used in the analyses and 

the inputs are reasonable based on the 

applicant’s market circumstance. 

(f) The revenue assessment used to 

calculate economic circumstance must 

include all payments projected to be 

received as a result of State and Federal 

support programs. If such funds, or a 

portion of such funds, would cease if an 

award is made by the CNC Program, 

then this expected change should be 

reflected in the assessment. 

(g) The applicant should describe how 

the method of analyses of economic 

circumstance is consistent with that 

used in other decision making (e.g., rate 

cases, tax filings, insurance statements, 

filings with the Securities and Exchange 

Commission), or why there would be a 

difference in the method or outcome of 

analyses. 

Category 3—Emissions Impact 

To be eligible for certification, the 

applicant must provide an estimate of 

the impact of reactor closure on 

emission of air pollutants. The Secretary 

must assess this information and 

determine that emission of air 

pollutants would reasonably be 

expected to increase if the reactor ceases 

operations. DOE proposes to consider 

estimates containing the following 

information: 

(a) Assessment of the impact on 

emissions based on the six (6) criteria 

air pollutants (carbon monoxide, lead, 

ground-level ozone, particulate matter, 

nitrogen dioxide, and sulfur dioxide) 

defined by the U.S. Environmental 

Protection Agency (EPA), as well as 

carbon dioxide and methane. 

(b) Air emissions estimates based on 

the emissions characteristics of the 

capacity and electricity generation 

expected to replace the capacity and 

electricity generation supplied by the 

reactor. 

(c) A description of how the applicant 

arrived at the estimate of emissions 

impacts. 

Category 4—Post-Support Operations 

Plan 

To be eligible for certification, the 

applicant must provide a detailed plan 

to sustain operations at the conclusion 

of the award period. The Act states that 

this plan may include a planning basis 

of either receiving additional support 

(credits) at a reduced level than 

anticipated for the initial award period 

or one where no additional support 

(credits) is received. DOE recognizes 

that at the time of application for 

certification, the applicant will not 

know what level of assistance may be 

provided through the CNC Program, and 

that post-support operations plans will 

be uncertain because of this and other 

factors. DOE proposes that: 

(a) The required detailed plan to 

sustain operations post-support include 

an overview description of actions that 

may be taken by the applicant after the 

award period, possible changes in 

market conditions over the 4-year award 

period, or other circumstances or factors 

that may be anticipated during the 

award period that will alter the 

economic assessment provided and the 

level of requested assistance (credits). 

(b) The assessment of post-award 

planning should be consistent with 

analyses, assumptions, data, and 

methodologies used in declaring the 

economic circumstance of the reactor 

(Category 2 previously), while 

accounting for impact of receiving some 

level of assistance (credits). 

Category 5—Uranium and Fuel Source 

The Act requires an applicant for 

certification to provide information on 

the source of the uranium and the 

location where it is processed and 


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manufactured into fuel. DOE proposes 

that: 

(a) The applicant includes in the 

application for certification information 

regarding the countries of origin of the 

uranium planned to be used in the 

award period, where it was/will be 

converted and enriched, and where the 

fuel was/will be fabricated, to the extent 

this is known or can be reasonably 

estimated. 

(b) The certification requirements do 

not include any specific sourcing 

requirement in determining whether to 

certify, but that priority be given to 

reactors that use, to the maximum 

extent available, uranium that is 

produced, converted, enriched and 

fabricated into fuel assemblies in the 

United States. 

Category 6—NRC Assurance 

The Act requires that the NRC has 

reasonable assurance that the nuclear 

reactor will continue to operate in 

accordance with its current licensing 

basis and that it poses no significant 

safety hazards. DOE intends to rely on 

input from the NRC to meet this 

requirement. 

Category 7—Other Information 

The Act provides the Secretary 

authority to require an applicant to 

submit other information the Secretary 

determines to be appropriate in meeting 

the fundamental objective of the Act— 

to enable clean and safe energy 

generation. This other information may 

include external and internal impacts to 

the applicant (i.e., owner or operator of 

a nuclear reactor) that may not be 

covered in the above-stated certification 

criteria. Relevant questions as to 

whether DOE should consider 

additional criteria for certification are 

included in Section VI. 

V. Civil Nuclear Credit Program 

Process 

Key steps in the process that DOE 

proposes for the Civil Nuclear Credit 

Program are described below, including 

evaluation of applications for 

certification, bids for credits, credit 

allocation, and funds distribution. DOE 

requests feedback on each element of 

the process, as well as on the specific 

questions described in Section VI. 

a. Evaluation of Applications for 

Certification. As provided in section 

40323(c)(1)(B) of the Act, certification 

applications from nuclear reactors not 

presently receiving assistance from State 

programs will be accepted during the 

initial application period. DOE will 

evaluate all submissions and determine 

eligibility for certification within 60 

days, including notifying each applicant 

if the application was certified or 

describing the reasons why the 

certification was denied. DOE may 

request additional information after 

submission of initial applications. After 

the initial application period described 

above, DOE will conduct another 

application period for certification of 

nuclear reactors that are receiving State 

assistance, and others that had not 

previously applied. DOE intends to 

establish an annual application process 

following these initial application 

periods for all non-certified reactors. 

DOE intends to establish a review 

panel to evaluate applications for 

certification. The review will consist of 

an assessment of whether the 

information and data provided by the 

applicant are sufficient to meet the 

requirements for certification as stated 

in the Act and articulated in the Request 

for Applications of a nuclear reactor. 

The Secretary will make the final 

determination on certification. If a 

nuclear reactor is certified, the applicant 

will be invited to submit a sealed bid for 

credits. 

b. Bids for Credits. DOE proposes to 

establish a process for certified nuclear 

reactors to submit sealed bids for credits 

with a deadline that is not more than 30 

days following notification of the 

nuclear reactor’s certification. The 

sealed bids should include the 

information and data outlined in section 

40323(d) of the Act. Bidders should 

submit bids for credits which describe 

a price per megawatt-hour and 

commitment to provide generation in 

megawatt-hours for a 4-year period. 

c. Allocation of Credits and Funds 

Distribution. DOE will establish a 

review panel, which may be comprised 

of the same experts as described in the 

Evaluation of Applications for 

Certification above, to evaluate 

submitted sealed bids for credits from 

certified nuclear reactors. The review 

panel will evaluate the bids and make 

its recommendation to the Secretary for 

selection of certified nuclear reactors to 

be allocated credits. DOE proposes to 

award credits by starting with the most 

cost-effective bids and proceeding until 

available funds are exhausted. DOE 

intends to allocate as many credits as 

available funds allow over the lifetime 

of the program. 

VI. Questions for Request for 

Information 

With this RFI, DOE seeks comments 

regarding all elements of the proposed 

approach for the CNC Program 

described in the previous sections. In 

addition, DOE seeks comment on the 

following specific questions: 

(1) Do the proposed approach and 

considerations for certification of a 

qualified nuclear reactor, including key 

aspects of CNC Program implementation 

and other aspects and outcomes of the 

CNC Program, as described in Section 

III, support the intent of Congress to 

assist nuclear reactors at risk of early 

closure? Why or why not? If not, please 

suggest alternative approaches to be 

considered. 

(2) Are the evaluation criteria being 

considered for certification as described 

in this RFI appropriate? If not, please 

suggest alternative criteria. 

(3) Is the information requested for 

the applications for certification 

appropriate and sufficient? Why or why 

not? 

(4) Is the proposed CNC Program 

structure, including timing, process, and 

evaluation approach for certification, 

acceptance of bids, credit allocation, 

and periodic audits appropriate? If not, 

please suggest alternatives. 

(5) Please identify any regulatory or 

business barriers that might impede the 

implementation of the CNC Program. 

Please propose solutions to eliminate or 

mitigate any identified barriers. 

(6) Should DOE establish a standard 

format and methodology for each 

applicant to present economic data, 

projections, analysis, and other 

information in support of an application 

for certification? If so, please address 

the components that should be included 

as part of a standard format and 

methodology and what information 

should be required. 

(7) What information should be 

considered by the Secretary in 

assessments of the marginal impact of 

projected reactor closures on emission 

of air pollutants? Should a standard 

methodology be adopted to address 

estimation of incremental air pollutants? 

Why or why not? What methodologies 

could be considered? 

(8) How should the certification 

methodology prioritize reactors that 

utilize U.S.-produced fuel and fuel 

constituents? Are there additional 

criteria that should be prioritized, and if 

so, how? 

(9) Is the use of an indexing 

mechanism to re-set annually the value 

of credits allocated to a nuclear reactor 

as described herein appropriate? Please 

consider the advantages and 

disadvantages of such an approach and 

the basis for such an approach. Should 

the indexing mechanism be subject to a 

floor and/or cap? How would an 

indexing mechanism interact with the 

recapture provision discussed herein? 

(10) Using the bid requirements in the 

Act of price per megawatt-hour and 

megawatt-hour commitment for a 4-year 


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Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Notices 8575 

period, should DOE award credits 

starting with the lowest price bid and 

continuing until available funds are 

exhausted? What policy considerations 

or parameters other than bid price 

would inform the determination of 

which bids would most cost-effectively 

achieve the objectives of the Act? 

Should DOE use any other methodology 

or criteria for awarding credits to 

bidders? 

(11) How should DOE incorporate 

evaluation of the impacts of the closure 

or continued operation of nuclear 

reactors on disadvantaged communities? 

(12) Please provide any other input 

DOE should consider in the 

establishment and implementation of 

the CNC Program, including any other 

information and criteria that might be 

useful in DOE’s approach for and 

implementation of both the certification 

process and the sealed-bid process for 

credits. 

DOE requests expedited submission of 

comments on the proposed approach to 

certification and the specific questions 

with respect to certification. 

VII. Request for Statements of Interest 

DOE intends to solicit applications for 

certification and, for certified reactors, 

sealed bids. In order to provide advance 

notice of the number and type of 

nuclear reactors (i.e., those that are or 

are not receiving State support) that may 

wish to participate in the program, DOE 

is requesting non-binding statements of 

interest. Submissions that comply with 

relevant requirements outlined in 

Section IX regarding Business 

Proprietary Information will be kept 

confidential. Unless and until an 

applicant receives an award, DOE will 

treat the identity of each applicant and 

other identifying information as 

confidential business information for 

purposes of the Freedom of Information 

Act. 

VIII. Response Guidelines 

NOI responses shall include: 

• NOI/RFI title and reference number; 

• Name(s), phone number(s), and 

email address(es) for the principal 

point(s) of contact; 

• Institution or organization 

affiliation and postal address; and 

• Your organization’s non-binding 

expression of interest in the CNC 

Program. 

NOI responses shall be emailed 

directly to Alden Allen, DOE Contract 

Specialist, at: noi-cnc@id.doe.gov. 

RFI responses shall include: 

• NOI/RFI title and reference number; 

• Name(s), phone number(s), and 

email address(es) for the principal 

point(s) of contact; 

• Institution or organization 

affiliation and postal address; and 

• Clear indication of the specific 

question(s) to which you are 

responding. 

Responses including proprietary 

information will be handled per 

guidance in Section IX. 

RFI responses shall be emailed to rficnc@nuclear.energy.gov or submitted 

electronically to www.regulations.gov, 

as described previously. 

IX. Business Proprietary Information 

Pursuant to 10 CFR 1004.11, any 

person submitting information he or she 

believes to be business proprietary and 

exempt by law from public disclosure 

should submit via email two qwellmarked copies: One copy of the 

document marked ‘‘Business 

Proprietary’’ including all the 

information believed to be proprietary, 

and one copy of the document marked 

‘‘non-Proprietary’’ deleting all 

information believed to be business 

proprietary. DOE will make its own 

determination about the business 

proprietary status of the information 

and treat it according to its 

determination. Factors of interest to 

DOE when evaluating requests to treat 

submitted information as business 

proprietary include: (1) A description of 

the items; (2) whether and why such 

items are customarily treated as 

business proprietary within the 

industry; (3) whether the information is 

generally known by or available from 

other sources; (4) whether the 

information has previously been made 

available to others without obligation 

concerning its business proprietary 

nature; (5) an explanation of the 

competitive injury to the submitting 

person which would result from public 

disclosure; (6) when such information 

might lose its business proprietary 

character due to the passage of time; and 

(7) why disclosure of the information 

would be contrary to the public interest. 

Signing Authority 

This document of the Department of 

Energy was signed on February 9, 2022, 

by Andrew Griffith, Deputy Assistant 

Secretary for Nuclear Fuel Cycle and 

Supply Chain, 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 the Department of 

Energy. This administrative process in 

no way alters the legal effect of this 

document upon publication in the 

Federal Register. 

Signed in Washington, DC, on February 9, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–03156 Filed 2–14–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Agency Information Collection 

Extension 

AGENCY: Department of Energy. 

ACTION: Notice of request for comments. 

SUMMARY: The Department of Energy 

(DOE), pursuant to the Paperwork 

Reduction Act of 1995, intends to 

extend for three years, an information 

collection request with the Office of 

Management and Budget (OMB). 

DATES: Comments regarding this 

proposed information collection must 

be received on or before April 18, 2022. 

If you anticipate any difficulty in 

submitting comments within that 

period, contact the person listed in the 

FOR FURTHER INFORMATION CONTACT

section as soon as possible. 

ADDRESSES: Written comments may be 

sent to Eric F. Mulch, Attorney-Adviser, 

by email at eric.mulch@hq.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Eric 

F. Mulch, Attorney-Adviser, at (202) 

287–5746, or via email at eric.mulch@

hq.doe.gov. 

SUPPLEMENTARY INFORMATION: Comments 

are invited on: (a) Whether the extended 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques 

or other forms of information 

technology. 

This information collection request 

contains: 

(1) OMB No.: 1910–5115. 

(2) Information Collection Request 

Titled: Contractor Legal Management 

Requirements. 

(3) Type of Review: Extension. 


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