```

[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Notices]
[Pages 3195-3199]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00610]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Record of Decision for 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: Record of decision.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE or the Department) 
announces the Record of Decision (ROD) for 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 potential environmental impacts of activities associated 
with DOE's Proposed Action to acquire, through procurement from 
commercial sources, HALEU enriched to at least 19.75 and less than 20 
weight percent uranium-235 (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 
(``the Energy Act of 2020'' or in context, ``the Energy Act''), for the 
acquisition of HALEU produced by a commercial entity using enrichment 
technology and making it available for commercial use or demonstration 
projects. DOE also evaluated the No Action Alternative. DOE has decided 
to implement the Proposed Action, its Preferred Alternative, as 
described in the Final HALEU EIS.

ADDRESSES: Questions or comments should be sent to Mr. James Lovejoy, 
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 [email protected]. The Final HALEU EIS 
and this ROD are 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 about the HALEU EIS, including 
the Final HALEU EIS and this ROD, 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 [email protected], 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 
[email protected], or by telephone: (208) 360-3437.

SUPPLEMENTARY INFORMATION:

Background

    The Energy Act of 2020 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,'' 42 U.S.C. 
16281(a)(1). The current U.S. commercial power reactor fuel cycle is 
based on low-enriched uranium (LEU) enriched to less than 5 percent of 
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% 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 
produced. DOE has limited capability to produce HALEU by downblending 
existing surplus stockpiles of HEU. Limited quantities of HALEU are 
also being produced under DOE contract at the American Centrifuge Plant 
in Piketon, Ohio, by American Centrifuge Operating, LLC, a wholly owned 
indirect subsidiary of Centrus Energy Corp. A sufficient commercial 
capability to produce HALEU through enrichment of natural uranium or 
LEU to meet anticipated demand 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

[[Page 3196]]

that supports the Administration's 2050 net-zero emissions target. The 
lack of an adequate domestic, commercial fuel supply could also impede 
both reactor demonstrations being supported under DOE's Advanced 
Reactor Demonstration Program 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 industry and the market as to HALEU 
availability and 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, the DOE Idaho Operations Office 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. DOE's ``Request for 
Proposals for High-Assay Low-Enriched Uranium (HALEU)--Enrichment 
Acquisition'' (the ``Enrichment RFP'') solicited responses from 
industry regarding DOE's proposal to acquire, through procurement from 
commercial sources, HALEU as uranium hexafluoride (UF6) 
enriched to a minimum of 19.75 and less than 20 weight percent U-235.
    The enriched UF6 must be deconverted to other forms, 
like oxide or metal, before it can be fabricated into HALEU fuel or put 
to other use. DOE's Request for Proposals for the High-Assay Low-
Enriched Uranium (HALEU)--Deconversion Acquisition (the ``Deconversion 
RFP'') solicited responses from industry regarding DOE's proposal to 
acquire domestic HALEU deconversion services for HALEU and storage 
until future fuel fabrication.

Purpose and Need for Agency Action

    The purpose of the Proposed Action is to fulfill Congressional 
direction in section 2001(a)(2)(D)(v) of the Energy Act, codified at 42 
U.S.C.16281(a)(2)(D)(v), and to facilitate the development of a 
domestic HALEU fuel cycle through procurement of HALEU. Agency action 
is needed to create a supply of HALEU fuel to power advanced reactors. 
Many advanced reactors are intended to operate using HALEU fuel, but 
there is currently not sufficient domestic supply of HALEU for these 
reactors.
    The Energy Act of 2020 directs DOE to ``establish and carry out, 
through the Office of Nuclear Energy, a program to support the 
availability of HA-LEU for civilian domestic research, development, 
demonstration, and commercial use,'' 42 U.S.C. 16281(a)(1). 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). Further, section 3131 of the 
National Defense Authorization Act for Fiscal Year 2024 (Nuclear Fuel 
Security Act of 2023), Pub. L. 118-31, 137 Stat. 795, subtitle C, 
codified at 42 U.S.C. 16282(b), among other things, seeks to 
expeditiously increase domestic production of HALEU to meet the needs 
of advanced nuclear reactor developers and the consortium established 
under section 2001(a) of the Energy Act of 2020, codified at 42 U.S.C. 
16281(a).
    There is currently insufficient private incentive to invest in 
commercial HALEU production due to the current market base. There is 
also insufficient incentive to invest in commercial deployment of 
advanced reactors because the domestic HALEU fuel cycle does not exist. 
Both DOE and industry groups have recognized that DOE action is needed 
to facilitate the development of the necessary infrastructure, support 
near-term research and demonstration needs, and support the U.S. 
commercial nuclear industry. One of the main challenges to establishing 
a commercial HALEU-based reactor economy is the upfront capital 
investment required to establish the enrichment capability to produce 
quantities of HALEU suitable for fabrication into the fuel needed for 
the various types of advanced reactor designs.

Proposed Action

    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, for the acquisition of HALEU produced by a commercial entity 
using enrichment technology and making it available for commercial use 
or demonstration projects.
    The Final HALEU EIS addresses the following activities to 
facilitate the 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 (U3O8) (from in-situ recovery or 
conventional mining and milling sources); (2) uranium conversion from 
U3O8 to UF6 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 UF6 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 between at 
least 19.75 weight percent and less than 20 weight percent U-235. In 
addition to the listed activities, 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.
    While the Final HALEU EIS provides information that could be used 
to

[[Page 3197]]

identify impacts from the construction and operation of HALEU fuel 
cycle facilities, the selection of specific locations and facilities is 
not a part of the ROD for this EIS.

Alternatives

    The Final HALEU EIS evaluates potential environmental impacts for 
the Proposed Action and the No Action Alternative. 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. DOE would not be involved in establishing a commercial 
HALEU fuel cycle; development of a domestic commercial supply of HALEU 
would be left to industry.

Potential Environmental Impacts

    Implementation of the Proposed Action, as well as related 
activities, would generally have SMALL to MODERATE environmental 
consequences. In this ROD for this EIS, DOE will make a decision on 
whether to move forward with the Proposed Action but will not select 
specific locations or facilities. For this reason, and to bound 
impacts, DOE analyzed construction and operation of HALEU facilities at 
existing uranium fuel cycle facilities, other industrial (brownfield) 
sites, and at undeveloped (greenfield) sites. As explained in more 
detail in the EIS, DOE's assessment of the potential impacts of the 
Proposed Action are based on existing NEPA documentation that addresses 
the construction and operation of existing and proposed fuel cycle 
(mainly LEU fuel cycle) facilities. This information was reviewed by 
subject matter experts and used to develop the information regarding 
the potential impacts of the Proposed Action. This EIS uses assessment 
ratings for the categorization of the potential environmental impacts. 
When referring to the degree of environmental impacts, the EIS uses the 
same impacts assessment rating terminology from the existing NEPA 
evaluations to the extent possible. For reference, the Nuclear 
Regulatory Commission (NRC) generally defines environmental 
consequences as:
     SMALL--The environmental effects are not detectable or are 
so minor that they will neither destabilize nor noticeably alter any 
important attribute of the resource.
     MODERATE--The environmental effects are sufficient to 
alter noticeably, but not destabilize, important attributes of the 
resource.
     LARGE--The environmental effects are clearly noticeable 
and are sufficient to destabilize important attributes of the resource.
    In general, constructing and operating modified or new HALEU fuel 
cycle facilities at existing facilities results in estimated potential 
environmental consequences that range from mostly SMALL to MODERATE. 
Most MODERATE consequences are associated with construction activities 
and not the HALEU operations or production-related processes.
    Overall, constructing and operating all-new HALEU fuel cycle 
facilities at previously developed industrial sites (brownfield sites) 
or previously undeveloped locations (greenfield sites) could also 
result in estimated potential environmental consequences that range 
from SMALL to MODERATE. The MODERATE consequences are associated with 
the uncertainties of the specific characteristics (particularly the 
presence of ecological and historic and cultural resources) of the site 
relative to construction and not the HALEU operations or production-
related processes. Construction activities are usually transient in 
nature and mitigations would be expected to be incorporated, as 
appropriate, to minimize potential consequences, as part of the 
required regulatory licensing, permitting, and associated NEPA or 
equivalent evaluation processes. Therefore, as discussed in the Final 
HALEU EIS, the majority of potential environmental consequences would 
likely range from SMALL to MODERATE.
    Although DOE did not select specific locations or facilities in 
this ROD, implementation of the Proposed Action could result in HALEU 
fuel cycle facilities being sited at various locations in the future. 
The environmental impacts of such HALEU fuel cycle facilities are 
expected to be evaluated by the appropriate regulatory authority (e.g., 
the NRC, other Federal agencies or Agreement States). Such site-
specific environmental evaluations are expected to identify the 
specific impacts that might occur. Further, DOE expects the relevant 
regulatory agency would determine, consistent with the Council on 
Environmental Quality (CEQ) regulations at 40 CFR 1501.11 related to 
tiering, to what extent this EIS could be utilized to support site-
specific environmental reviews.\1\
---------------------------------------------------------------------------

    \1\ DOE is aware of the November 12, 2024, decision in Marin 
Audubon Society v. Federal Aviation Administration, No. 23-1067 
(D.C. Cir. Nov. 12, 2024). To the extent that a court may conclude 
that the CEQ regulations implementing NEPA are not judicially 
enforceable or binding on this agency action, DOE has nonetheless 
elected to follow those regulations at 40 CFR parts 1500-1508, in 
addition to DOE's regulations implementing NEPA at 10 CFR part 1021 
to meet DOE's obligations under NEPA, 42 U.S.C. 4321 et seq.
---------------------------------------------------------------------------

Environmentally Preferable Alternative

    The No Action Alternative serves as the status quo, where DOE would 
not implement the Proposed Action and no sufficient domestic commercial 
supply of HALEU is available. Overall and at least in the short term, 
the No Action Alternative would have fewer potential adverse 
environmental effects than the Proposed Action because construction and 
operation of HALEU fuel cycle facilities would not occur. Development 
of a domestic commercial supply of HALEU would be left to industry, 
which could result in fewer, short-term, domestic impacts than under 
the Proposed Action Alternative. Therefore, the No Action Alternative 
would be the Environmentally Preferable Alternative. However, the No 
Action Alternative would not meet the purpose and need to establish a 
program to support the availability of HALEU for civilian domestic 
research, development, demonstration, and commercial use, and may not 
result in the potential long-term environmental benefits, identified in 
the EIS, of the Proposed Action.

Comments on the Final HALEU EIS

    During the development of the Final HALEU EIS, DOE considered all 
the alternatives, information, analyses, and objections submitted by 
state, Tribal, and local governments as well as public commenters.
    DOE made more than 4,000 notifications of the completion and 
availability of the Final HALEU EIS to Congressional members and 
committees; all fifty United States; Tribal governments and 
organizations; local governments; other Federal agencies; non-
governmental organizations; and individuals. Following issuance of the 
Final HALEU EIS, DOE received five comments.
    As part of the comments received on the Final HALEU EIS, a non-
profit organization requested DOE refrain from issuing a ROD on the 
Final HALEU EIS until a Nonproliferation Impact Assessment (NPIA) has 
been prepared. This non-profit group further requested that its 
comments be added to the EIS record and that the requested NPIA be 
available for public review and comment. DOE received similar requests 
from this organization during the scoping and public comment periods 
and addressed these comments in the Final HALEU EIS. This organization 
submitted two identical comments on the Final EIS by email and U.S. 
Mail.

[[Page 3198]]

    As noted in the EIS, DOE acknowledges that the widescale deployment 
of HALEU fuels, which could be facilitated by the Proposed Action, 
presents different proliferation challenges than the use of LEU. DOE 
will continue working with industry, the NRC, and the IAEA to further 
assess potential risks associated with a commercial HALEU fuel cycle, 
and the National Nuclear Security Administration (NNSA) will continue 
to strengthen its cooperation with industry to enhance the security and 
safeguards of new HALEU-based reactor designs. At the same time, DOE 
assesses that adequate structures are in place to manage the evolving 
proliferation challenges to acceptable levels and the benefits of using 
HALEU fuels in advanced reactors outweigh the potential proliferation 
risks.
    Consistent with NNSA's and DOE's consideration of, and discussion 
regarding, nonproliferation in the EIS, NNSA and DOE have concluded 
that the preparation of an NPIA is not necessary prior to the issuance 
of a ROD.
    DOE received one comment by email from a NEPA reviewer in the U.S. 
Environmental Protection Agency's (EPA) Region 9 Environmental Review 
Section seeking clarification as to the location of the HALEU 
acquisition. In response, DOE stated that DOE does not have site-
specific information that is ripe to analyze in a NEPA document, and as 
the Final EIS states, DOE will not select specific locations and 
facilities as a part of the Record of Decision for this EIS.
    DOE also received comments on the Final HALEU EIS from the EPA 
Office of Federal Activities. This office previously submitted comments 
on the Draft HALEU EIS, which are available for review in Volume 3 of 
the Final HALEU EIS (Comment ID: 56). In response to the comments 
received on the Draft HALEU EIS, DOE engaged in follow-on discussions 
with EPA staff, which informed changes that DOE made in the Final HALEU 
EIS.
    In their comments on the Final HALEU EIS, EPA acknowledged DOE's 
revisions in response to EPA's comments on the Draft HALEU EIS, but 
further recommended incorporating site-specific monitoring data for 
mining and milling activities. In their comments on the Draft HALEU 
EIS, EPA also recommended that environmental monitoring information 
from mining and milling operations at existing facilities be 
incorporated. As stated in DOE's response to EPA Comment 0056-1 on the 
Draft HALEU EIS, the Proposed Action involves numerous actions (e.g., 
mining, enrichment, deconversion, etc.) and does not propose to select 
site-specific locations. Given the potential possibilities of all 
actions and locations, it would not be reasonable to accumulate and 
assess operating and environmental data for all potential activities.
    In its comments on the Final HALEU EIS, EPA recommended clearly 
disclosing the uncertainty associated with not utilizing monitoring 
data for mining and milling facilities assessed in the EIS. In 
preparing the HALEU EIS, DOE reviewed numerous NEPA documents, 
including those for uranium mining and milling facilities, to establish 
estimated ranges of the potential impacts of mining and milling 
activities to support the Proposed Action. DOE acknowledges the 
uncertainties associated with the estimated ranges of potential 
environmental consequences as specific sites and actions are not known. 
DOE expects that once sites are identified, site-specific information, 
including environmental monitoring data, would be used by the 
appropriate regulatory authority during the licensing and permitting 
processes. Further, in response to comments on the Draft HALEU EIS 
regarding legacy health issues related to historic uranium mining, 
milling, and enrichment practices, DOE reviewed a limited amount of 
monitoring data (e.g., White Mesa Mill) (see Volume 3, Comment Response 
56-21) and determined that the data was not inconsistent with the 
associated NEPA documents' estimated ranges of potential impacts. DOE 
understands and agrees that the uranium mining and milling portion of 
the Proposed Action is rapidly evolving due to international policies 
and increased demand for a domestic uranium supply; the estimated 
potential environmental impacts associated with these activities are 
uncertain; and, as discussed in the Final HALEU EIS, they have the 
potential to be large for some resources at some locations.
    In addition to concerns about site-specific monitoring data for 
mining and milling activities, EPA recommended DOE pursue consultation 
with the Ute Mountain Ute Tribe on future actions at White Mesa Mill as 
it is the only operational conventional uranium mill in the United 
States. Although the Ute Mountain Ute Tribe did not request 
consultation on the HALEU EIS, DOE participated in interagency 
consultation with Ute Mountain Ute Tribal officials, NNSA, EPA, NRC, 
Senator John Hickenlooper, and the State of Utah regarding the Tribe's 
concerns about While Mesa Mill in August 2023. During this consultation 
meeting, the Ute Mountain Ute Tribe expressed concerns about drinking 
water quality, air quality, health and safety of mill workers, lack of 
notification for the receipt of materials at the mill, and continued 
operations at White Mesa Mill despite an initial 15-year operation 
window. After hearing the Ute Mountain Ute Tribe's concerns, DOE 
presented information on the HALEU EIS and other Federal actions that 
could potentially impact future activities at the mill. Ute Mountain 
Ute Tribal officials did not express specific concerns related to the 
HALEU EIS, but had general questions on the presentation, which were 
addressed. DOE continues to extend an opportunity for all Tribes, 
including the Ute Mountain Ute Tribe, to share feedback and concerns or 
ask questions related to the HALEU EIS through government-to-government 
consultation as requested.
    EPA further recommended DOE include mitigation measures informed by 
the Ute Mountain Ute Tribe in the ROD. Since DOE's Proposed Action and 
ROD do not include site selection activities, there are no specific 
actions at White Mesa Mill upon which to include mitigation measures. 
However, should specific actions concerning the White Mesa Mill be 
identified in the future, consultations with the Ute Mountain Ute Tribe 
and any associated mitigation measures would be expected to be 
conducted consistent with all applicable laws and regulations by the 
cognizant regulating authority.
    In EPA's final comment, the agency recommended that additional 
information be provided in section 4.3.2 of the Final HALEU EIS to 
support the project's social cost of greenhouse gases (SC-GHG) 
analysis, including (1) the project time horizon, (2) the year the 
stream of SC-GHG values is discounted to, and (3) the application of 
different discount rates. This information is available in Section A.8, 
Greenhouse Gas Emissions Calculations, in Volume 2 of the Final HALEU 
EIS. EPA also recommended that the SC-GHG analysis be based on three 
separate greenhouse gases (GHGs), rather than on carbon dioxide 
equivalents (CO2e). As stated in DOE's response to EPA 
Comment 0056-24 on the Draft HALEU EIS, all GHGs estimated because of 
implementation of the Proposed Action would occur from the combustion 
of gasoline, diesel, or natural gas in construction and operational 
equipment, trucks, or worker commuter vehicles. Roughly 99 percent of 
the CO2e emitted from these sources would occur in the form 
of carbon dioxide. Therefore, reporting each individual GHG, including 
methane and nitrous oxide emissions,

[[Page 3199]]

would not substantially add to the precision of the project 
CO2e emissions or SC-GHG calculations. Appendix A, section 
8, tables A-20 and A-21 of the Final HALEU EIS show that the project 
SC-GHG analysis is based only on carbon dioxide emissions.
    DOE also received one comment from a member of the public 
expressing opposition. This commenter did not specifically oppose the 
Proposed Action or reasonably foreseeable activities but, instead, 
expressed general opposition against nuclear programs and technologies.
    DOE considered the comments received following issuance of the 
Final HALEU EIS and finds that they do not present ``substantial new 
circumstances or information about the significance of adverse effects 
that bear on the analysis'' 40 CFR 1502.9(d); see also 10 CFR 
1021.314(a); therefore, they do not require preparation of a supplement 
analysis or a supplemental EIS.

Decision

    As discussed in the Final HALEU EIS, the EIS provides information 
to support decisions regarding whether or not to acquire HALEU from 
commercial sources and to facilitate commercial HALEU fuel production 
capability. DOE has decided to implement the Proposed Action, its 
Preferred Alternative, as described in the Final HALEU EIS. DOE's 
Preferred Alternative 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.

Basis of Decision

    The Final HALEU EIS provided DOE decision-makers with important 
information regarding potential environmental impacts of alternatives 
and options for satisfying the purpose and need. DOE's decision to 
implement the Proposed Action is based on consideration of 
Congressional direction, the need for agency action, the potential 
environmental impacts (including beneficial impacts related to climate 
change), as well as other factors, including public comments, strategic 
objectives, technology needs, safeguards and security, cost, and 
schedule.

Mitigation Measures

    As stated in this EIS, decisions regarding locations of specific 
activities are not part of the Proposed Action. Therefore, no location-
specific mitigation measures are identified in this ROD.
    However, implementation of the Proposed Action could result in 
HALEU fuel cycle facilities being sited at various locations. The 
environmental impacts of such HALEU fuel cycle facilities are expected 
to be evaluated by the appropriate regulatory authority (e.g., the NRC, 
other Federal agencies, or Agreement States). Such site-specific 
environmental evaluations would be expected to identify mitigation 
measures and/or the implementation of best management practices to 
reduce impacts. Mitigation measures, if needed, would be expected to be 
executed and tracked as required.

Signing Authority

    This document of the Department of Energy was signed on December 
20, 2024, by K. Michael Goff, Principal Deputy 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 January 8, 2025.
Jennifer Hartzell,
Alternate Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2025-00610 Filed 1-13-25; 8:45 am]
BILLING CODE 6450-01-P
```