[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 44007-44009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-17145]


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DEPARTMENT OF ENERGY


Request for Information Regarding Establishment of the Department 
of Energy Uranium Reserve Program

AGENCY: National Nuclear Security Administration, Department of Energy.

ACTION: Request for information (RFI).

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SUMMARY: The U.S. Department of Energy (DOE or the Department) is 
issuing this RFI to invite public comment on topics related to 
establishment of the DOE's Uranium Reserve program.

DATES: Written comments and information are requested on or before 
September 10, 2021.

ADDRESSES: Interested persons may submit comments by any of the 
following methods:
    Email: <a href="/cdn-cgi/l/email-protection#116377783c6463707f78647c5179603f757e743f767e67"><span class="__cf_email__" data-cfemail="d5a7b3bcf8a0a7b4bbbca0b895bda4fbb1bab0fbb2baa3">[email protected]</span></a>. 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 
Uranium Reserve RFI'' in the subject line.
    Postal Mail: Response to Uranium Reserve RFI, c/o Mr. Kyle Fowler, 
U.S. Department of Energy, National Nuclear Security Administration, 
Mailstop NA-10, 1000 Independence Avenue SW, Washington, DC 20585-0121.
    Online: Responses will be accepted online at https://www.regulations.gov.
    Instructions: All submissions received must include the agency name 
for this request for information. No facsimiles (faxes) will be 
accepted.
    Note: The Government has posted a parallel RFI to SAM.gov in order 
invite industry comment on topics related to establishment of the DOE's 
Uranium Reserve program. To avoid duplicate submissions, interested 
parties are encouraged to only respond to one of the notices.

FOR FURTHER INFORMATION CONTACT: Requests for further information 
should be sent to: <a href="/cdn-cgi/l/email-protection#a7d5c1ce8ad2d5c6c9ced2cae7cfd689c3c8c289c0c8d1"><span class="__cf_email__" data-cfemail="4b392d22663e392a25223e260b233a652f242e652c243d">[email protected]</span></a> or Mr. Kyle Fowler, (202) 
586-1963. If responding by email, please include ``Question on Uranium 
Reserve RFI'' in the subject line.

SUPPLEMENTARY INFORMATION:

Background

    In the United States (U.S.), nuclear energy provides more than 55 
percent of our clean energy and supports about half a million American 
jobs. However, the U.S. nuclear industry and the nuclear fuel supply 
chain face significant challenges that have left domestic nuclear fuel 
suppliers in a weakened position on the domestic and global stage. 
Revitalizing the U.S. nuclear fuel supply infrastructure would support 
the Administration's goals described in the American Jobs Plan,\1\ 
including addressing the climate crisis, creating American jobs, 
positioning the U.S. to compete with economic rivals, and supporting 
national security. It would support environmental justice initiatives, 
prioritize addressing long-standing and persistent racial injustice by 
targeting 40 percent of the benefits of climate and clean 
infrastructure investments to disadvantaged communities, consider rural 
communities and communities impacted by the market-based transition to 
clean energy, and include meaningful stakeholder engagement.
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    \1\ https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/31/fact-sheet-the-american-jobs-plan/
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    In December 2020, Congress passed the Consolidated Appropriations 
Act, 2021 (Pub. L. 116-260) that makes $75,000,000 available to the 
Department for the Uranium Reserve Program. The Department is 
considering options to acquire natural uranium and convert this uranium 
into uranium hexafluoride that would be stored at commercial facilities 
in the United States.
    In considering options, the Department will focus on reinvigorating 
domestic nuclear fuel supply chain capabilities, utilizing existing 
facilities, and minimizing negative disruption of market mechanisms. 
The Department expects the acquisition of natural uranium to result in 
new uranium production at existing domestic sites. The Department does 
not intend such new production to initiate or expand mining on Tribal 
lands, expand the Office of Legacy Management's (LM) Uranium Leasing 
Program, or expand access to additional uranium deposits located on 
other Federal lands. Additionally, the Department does not intend to 
acquire uranium or uranium hexafluoride produced from enricher 
underfeeding, the re-enrichment of tails, or other sources that do not 
support the reinvigoration of uranium production and conversion 
capabilities. Likewise, the Department expects to use existing domestic 
commercial conversion

[[Page 44008]]

capabilities and store the uranium hexafluoride at a domestic facility.
    The Department will comply with all applicable laws, including the 
National Environmental Policy Act and the National Historic 
Preservation Act, in the proposed establishment of a uranium reserve. 
In addition, the Department will give careful attention to energy 
justice, distributive impacts, and other relevant issues in its 
decision-making process. This program would include meaningful 
engagement with stakeholders, including State, local, Tribal 
governments, and disadvantaged communities.
    The Department is publishing this RFI to gain a better 
understanding of Tribal and other disadvantaged communities and 
stakeholder views on topics related to the establishment of a uranium 
reserve. Responses to the RFI will inform the Department's 
establishment of a uranium reserve, as well as the development of a 
procurement strategy for acquisition of uranium, conversion services, 
and storage.

Specific Questions on Which Information Is Requested

    The Department is seeking public comment on the following questions 
related to the establishment of a uranium reserve and the development 
of a procurement strategy for acquiring uranium, conversion services, 
and storage for the uranium. Please provide data, analyses, or other 
justifications for all responses.

General Questions

    (1) How can the establishment of a uranium reserve be structured 
to:
    Incentivize the production of uranium from domestic sources and the 
maintenance of domestic conversion services,
    Support the Administration's goals described in the American Jobs 
Plan, and
    Promote energy justice, including consideration of community needs 
and distribution of benefits pursuant to the Justice40 Initiative? \2\
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    \2\ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/.
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    (2) How do you envision reinvigorating the domestic nuclear fuel 
supply chain as being responsive to the President's Justice40 
Initiative--a plan to deliver 40 percent of the overall benefits of 
climate investments to disadvantaged communities and inform equitable 
research, development, and deployment within the DOE? Please provide 
specific actions, the type of benefit (i.e. employment, educational 
opportunities, etc.) and targeted communities that would be responsive.
    (3) What siting and environmental justice concerns should the 
Department consider in the management of any waste generated through 
establishment of a uranium reserve? Please provide specific concerns, 
(e.g., siting, transportation, exposure, and other human health 
impacts, including knowledge of the potential impacts of exposure to 
the hazards associated with uranium production).
    (4) Are there additional factors or considerations that should be 
taken into account regarding the establishment of a uranium reserve?

Limitations and/or Restrictions

    The Department is considering the following factors as we develop 
our approach to acquire and convert natural uranium and to store 
uranium hexafluoride in commercial facilities:
    Uranium must be newly-produced in the U.S. from deposits at an 
existing site; uranium that was produced previously that is currently 
held in inventory will not be eligible.
    Uranium newly-produced from ``alternate feed'' materials are 
eligible to be bid for sale.
    Provision of uranium must not require (1) initiation or expansion 
of mining on Tribal lands; (2) expansion of the Office of Legacy 
Management's Uranium Leasing Program; or (3) expansion of access to 
additional uranium deposits located on other Federal lands.
    Provision of conversion services must utilize existing domestic 
commercial facilities.
    The entity providing uranium, conversion services, or storage must 
be U.S.-owned or controlled.
    Uranium and conversion services must not carry any peaceful-use or 
end-use restrictions.
    (5) Do the limitations/restrictions support the Department's 
objective to incentivize the production of U.S. uranium and conversion 
services? Why or why not?
    (6) Should any of these limitations/restrictions be modified or 
eliminated? Include your justification for any modification or 
elimination.
    (7) Please describe any additional limitations/restrictions (other 
than cost) that you believe the Department should consider and include 
your justification.
    Additional factors for consideration:
    (8) Please describe any additional considerations (other than cost) 
that you believe the Department should consider and include your 
justification.
    (9) Please describe any legal, regulatory, and policy issues, 
including environmental justice concerns, that should be addressed to 
enable the implementation of the Uranium Reserve Program under the 
Consolidated Appropriations Act, 2021 (Pub. L. 116-260).
    (10) To what extent should the Department prioritize support for 
multiple suppliers?
    Should the Department impose limitations on the procurement of 
uranium from a single company?
    If so, should the limits be percentage-based or based on an 
absolute quantity maximum?

Submission of Comments

    DOE invites all interested parties to submit in writing by 30 days 
from the publication of this RFI or by September 10, 2021, comments and 
information on matters addressed in this RFI. Any information that may 
be business proprietary and exempt by law from public discourse should 
be submitted as described in Section IV. Business Proprietary 
Information.

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, or postal mail two well-marked 
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'' with the information 
believed to be business proprietary deleted. 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 August 4, 
2021,

[[Page 44009]]

by Jill Hruby, Under Secretary for Nuclear Security and Administrator 
of the National Nuclear Security Administration, 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 August 4, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-17145 Filed 8-10-21; 8:45 am]
BILLING CODE 6450-01-P


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