Notice2021-17145
Request for Information Regarding Establishment of the Department of Energy Uranium Reserve Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 11, 2021
Issuing agencies
Energy Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 152 (Wednesday, August 11, 2021)</title>
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[Federal Register Volume 86, Number 152 (Wednesday, August 11, 2021)]
[Notices]
[Pages 44007-44009]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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 <a href="http://SAM.gov">SAM.gov</a> 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\ <a href="https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/31/fact-sheet-the-american-jobs-plan/">https://www.whitehouse.gov/briefing-room/statements-releases/2021/03/31/fact-sheet-the-american-jobs-plan/</a>
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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\ <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/">https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/</a>.
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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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