Notice2021-26984
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
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
December 14, 2021
Issuing agencies
Energy Department
Abstract
The U.S Department of Energy (DOE or the Department) is issuing this RFI to invite input on the planning for establishment of a DOE HALEU Availability Program and to gather information to consider in preparing the required report to Congress describing actions proposed to be carried out by DOE under the program. The Energy Act of 2020 authorized the Department to establish and carry out, through the Office of Nuclear Energy, a program to support the availability of high-assay low-enriched uranium (HALEU) for civilian domestic research, development, demonstration, and commercial use.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 237 (Tuesday, December 14, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71055-71058]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26984]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
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
AGENCY: Office of Nuclear Energy, Department of Energy.
ACTION: Request for information.
-----------------------------------------------------------------------
SUMMARY: The U.S Department of Energy (DOE or the Department) is
issuing this RFI to invite input on the planning for establishment of a
DOE HALEU Availability Program and to gather information to consider in
preparing the required report to Congress describing actions proposed
to be carried out by DOE under the program. The Energy Act of 2020
authorized the Department to establish and carry out, through the
Office of Nuclear Energy, a program to support the availability of
high-assay low-enriched uranium (HALEU) for civilian domestic research,
development, demonstration, and commercial use.
DATES: Written comments and information are requested on or before
January 13, 2022.
ADDRESSES: Interested persons may submit comments by any of the
following methods:
1. Email: <a href="/cdn-cgi/l/email-protection#0371656a2e6b626f6676436b722d676c662d646c75"><span class="__cf_email__" data-cfemail="2654404f0b4e474a4353664e570842494308414950">[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
RFI'' in the subject line.
2. Postal Mail: This option is not available.
3. Hand Delivery/Courier: This option is not available during the
COVID-19 pandemic.
4. Online: Responses will be accepted online at
<a href="http://www.regulations.gov">www.regulations.gov</a>.
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 IV of this
document.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be sent to: <a href="/cdn-cgi/l/email-protection#116377783c79707d74645179603f757e743f767e67"><span class="__cf_email__" data-cfemail="abd9cdc286c3cac7cedeebc3da85cfc4ce85ccc4dd">[email protected]</span></a> or Dr. Daniel Vega,
<a href="/cdn-cgi/l/email-protection#a1c5c0cfc8c4cd8fd7c4c6c0e1cfd4c2cdc4c0d38fc4cfc4d3c6d88fc6ced7"><span class="__cf_email__" data-cfemail="7216131c1b171e5c04171513321c07111e1713005c171c1700150b5c151d04">[email protected]</span></a>, (202) 586-0235, or Michael Reim,
<a href="/cdn-cgi/l/email-protection#82efebe1eae3e7eeacf0e7ebefc2ecf7e1eee7e3f0ace7ece7f0e5fbace5edf4"><span class="__cf_email__" data-cfemail="0c61656f646d6960227e6965614c62796f60696d7e226962697e6b75226b637a">[email protected]</span></a>, (202) 586-0509.
Please include ``Question on HALEU RFI'' in the subject line.
SUPPLEMENTARY INFORMATION:
I. Background
The Department is working to enable the development and deployment
of advanced nuclear reactors as part of meeting the Administration's
job creation, energy security and climate goals. DOE's Advanced Reactor
Demonstration Program was established to partner with domestic private
industry to help accelerate the development and demonstration of
advanced nuclear reactors in the United States. Most advanced reactors,
including several designs selected for the Advanced Reactor
Demonstration Program, are designed to be fueled by HALEU. The
Secretary of Energy was authorized in Sec. 2001 of the Energy
[[Page 71056]]
Act of 2020 to establish and carry out, through the Office of Nuclear
Energy, a program to support the availability of HALEU for civilian
domestic research, development, demonstration, and commercial use
(HALEU Availability Program). A HALEU Availability Program, leading to
the deployment and commercialization of clean energy technologies and
infrastructure, could secure a critical domestic supply chain for
meeting the Administration's climate, economic, and energy security
goals. This program would include substantive engagement by
stakeholders, including State, local, and Tribal governments. The
program would prioritize addressing long-standing and persistent energy
justice issues and be responsive to President Biden's Justice40
Initiative \1\ by targeting 40 percent of the benefits of climate and
clean infrastructure investments to disadvantaged communities,
considering rural communities and communities impacted by the market-
based transition to clean energy, and include substantive stakeholder
engagement.
---------------------------------------------------------------------------
\1\ <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>.
---------------------------------------------------------------------------
Currently, there is very limited domestic capacity to provide HALEU
from either DOE or commercial sources. This lack of capacity is a
significant obstacle to the development and deployment of advanced
reactors for commercial applications.
Specifically, DOE's National Nuclear Security Administration (NNSA)
provides highly enriched uranium (HEU), HALEU, and Low Enriched Uranium
for its defense and nonproliferation missions. Most of NNSA's HEU is
reserved for the Naval Reactors program and for use in the nuclear
weapons stockpile, and is therefore unavailable for down-blending to
use in advanced reactors used for commercial applications. Other HEU in
the inventory is allocated to supply research reactors and medical
isotope production facilities worldwide, and to meet critical defense
and space requirements. After accounting for these requirements on the
inventory, the remaining amount of HEU to be down-blended to HALEU for
advanced commercial reactors is very limited. If these supplies were
redirected to fuel advanced commercial reactors, they would not be
sufficient to meet the projected near-term demands for advanced reactor
demonstration and deployment. Furthermore, diverting these resources to
support advanced reactor demonstration and deployment would compromise
vital nuclear security and nonproliferation missions.
Likewise, on the commercial side, there is no domestic assured
source of HALEU to be used to produce fuel for advanced reactors in
sufficient quantities to meet anticipated demand. In turn, uncertainty
regarding the commercial deployment of advanced reactors and future
demand for HALEU undermines private investment to develop an assured
HALEU supply capability and related infrastructure.
The HALEU Availability Program envisioned in the Energy Act of 2020
is intended to address this problem by temporarily securing a supply of
HALEU to support research, development, demonstration, and equitable
deployment of advanced reactors for commercial applications. This
action, in turn, could spur demand for additional HALEU production and
private investment in nuclear fuel supply infrastructure and ultimately
remove the government from any role as a supplier of HALEU for
industry. The development of a viable domestic commercial supply of
HALEU for advanced commercial power reactors could also supply the
needs of medical isotope producers and civilian research reactors. The
program outlined in Sec. 2001 of the Energy Act of 2020 would sunset on
September 30th, 2034, or 90 days after adequate supply is established.
II. Specific Questions on Which Information Is Requested
Public input is requested on information the Department should
consider as it plans a program to support HALEU availability for
civilian domestic research, development, demonstration, and commercial
use. The information gathered in response to this RFI will be
considered by DOE in planning for the HALEU Availability Program and
other relevant planning and reporting purposes as needed. In providing
information in response to this RFI, please include the data, analysis,
and/or other justification for the responses, where applicable. Please
note that any information that may be business proprietary and exempt
by law from public disclosure should be submitted as described in
Section IV of this document.
To facilitate public input, this RFI includes a set of specific
questions on which the Department would appreciate input. These
questions are listed below.
Establishment of a HALEU Consortium & Market Development
(1) Sec. 2001 of the Energy Act of 2020 directs the establishment
and periodic updating of a HALEU Consortium to partner with DOE to
support the availability of HALEU for civilian domestic demonstration
and commercial use. Among other things, the Act envisions that the
HALEU Consortium could: provide information to DOE for purposes of
biennial surveys on the quantity of HALEU needed for commercial use for
each of the subsequent five years; purchase HALEU made available by the
Secretary for commercial use by members of the consortium; and carry
out demonstration projects using HALEU provided by the Secretary under
the program.
What types of organizations or other entities should be included in
the HALEU Consortium? If your organization or entity might be
interested in becoming a member of a HALEU Consortium, please describe
the contribution your organization or entity could provide to the
consortium. The description should include examples of the type of
activity or activities for which your organization or entity is
interested in partnering with the Department. Please also provide a
point of contact for your organization or entity, including name,
affiliation, email, and phone number.
(2) Please identify any issues, including energy justice concerns,
that may affect the implementation of the HALEU Availability Program
under Sec. 2001 of the Energy Act of 2020, in an equitable manner that
would further the development and deployment of advanced reactors and
the establishment of a domestic commercial source of HALEU.
(3) What are the most significant barriers to the establishment of
a reliable market-driven, commercial supply of HALEU for advanced
reactor research, demonstration, and commercial deployment? Please
describe these barriers in detail, identify potential actions to
address these barriers, and include the timeframes in which the issues
should be addressed.
(4) If the Department were to address the objectives of Sec. 2001
of the Energy Act of 2020 related to the creation of a fuel bank to
supply HALEU for civilian domestic research, development,
demonstration, and commercial use:
<bullet> What is the quantity (in metric tons/assay) of HALEU
necessary for domestic commercial use for each of the next five years
(2022-2026)?
<bullet> If a ``stockpile'' of HALEU were established to build
confidence in the supply of HALEU supporting early orders for the
deployment of advanced reactors in the commercial market, how
[[Page 71057]]
large (in metric tons/assay) a stockpile would be needed?
<bullet> What siting and energy justice issues should the
Department take into account as it considers the development of a
program and how might the Department address those issues?
(5) Please identify any additional specific actions that would
provide confidence in the short-term supply of HALEU and thereby to
ensure the development of a commercial market for advanced reactor
orders.
<bullet> What actions might be most useful for the U.S. Government
to carry out?
<bullet> What actions might be most appropriate for the private
sector to carry out?
(6) What level of market demand for HALEU over what timeframe is
needed to stimulate investment in the infrastructure required to
support a HALEU supply chain?
(7) On what basis should HALEU be priced or valued? Please consider
the options for the pricing of HALEU based on enrichment, weight, and/
or separative work units and provide the pros and cons for each option
or combination of options. Please discuss how pricing options would
provide DOE with reasonable compensation and commercial entities with
sufficient incentive to deploy domestic capacity to supply HALEU. What
is your long-term estimated ``price point'' for the range of assays/
enrichment (2030 and beyond)? Please consider and note the form of
HALEU (e.g., metal, oxide, UF<INF>6</INF>, etc.) in your response.
HALEU Supply Chain Development
(8) Advanced reactors under development (including awardees under
the Advanced Reactor Demonstration Program) would utilize HALEU in
various chemical and physical fuel forms, including oxides, metals, and
potentially salts. Additionally, centrifuge enrichment requires uranium
in hexafluoride form. What additional fuel cycle infrastructure, or
additions or modifications to existing infrastructure, would enable the
deployment of commercial HALEU production and assure the availability
of different forms of HALEU in sufficient quantities for use in
advanced reactors?
(9) How do you envision a HALEU 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 DOE? Please provide specific actions and the type of benefits
(e.g., employment, educational opportunities, etc.) that could be most
useful to the targeted communities in response to the Justice40
Initiative.
(10) What are some approaches or contracting vehicles that could be
used by the Department to help enable the necessary commercial
deployment of a domestic HALEU supply chain, including but not limited
to mining, conversion, enrichment, deconversion, transportation, and
fuel fabrication? For each, please discuss potential federal versus
private sector actions; in addition, discuss leveraging robust
partnerships for co-development of sub-elements of the supply chain.
Possible approaches that might be considered include:
<bullet> Production contracts (of what volume and length);
<bullet> Take-or-pay contracts (U.S. Government agrees to take
specified volume of goods and/or services for a specified time period);
<bullet> Partnerships and/or cost-sharing of infrastructure
development, including with allies and partners; and
<bullet> Payment-for-production milestones.
(11) What specific technological, regulatory, and/or legal gaps or
challenges currently exist for transporting HALEU in various chemical
forms (e.g., oxide, hexafluoride, metal) throughout the HALEU fuel
supply chain? How do these challenges change depending upon the
enrichment level? What actions could be taken, when, and by whom, to
address the identified gaps or challenges?
(12) Questions specific for transportation packaging companies:
(i) What actions, either federal or non-federal, might help
incentivize the development and delivery of a new or modified 30-inch
cylinder? Please discuss incentive amounts and incentive areas (design,
licensing, certification, overpack re-certification, etc.) as
appropriate that would be most helpful to accelerate the delivery date.
(ii) If your company were to receive an order for a 30-inch
transportation package that is certified by NRC to contain enriched
uranium hexafluoride up to 19.75 wt. percent Uranium-235, what do you
expect would be the earliest delivery date possible? What do you
anticipate would be its maximum loading?
(13) Co-location of facilities for the front end of the fuel cycle
(such as enrichment, and conversion/deconversion, and fabrication) may
be a practicable solution to address some HALEU transportation issues.
Is co-location considered otherwise beneficial? Are there other
solutions that should be considered?
(14) What factors affect the ability of U.S. uranium producers to
provide uranium for advanced reactor fuel? Please indicate the
importance of such factors and how they may be addressed.
Regulatory Issues
(15) What are the technical barriers and/or regulatory requirements
(e.g., safety, security, material control and accountability) to
licensing front-end fuel cycle facilities (e.g., enrichment,
deconversion, and/or fuel fabrication facilities) for the production
and availability of HALEU?
<bullet> For existing facilities to upgrade to a HALEU capability?
<bullet> For new facilities?
(16) What, if any, additional criticality and/or benchmark data is
needed to meet U.S. Nuclear Regulatory Commission (NRC) safety and
regulatory requirements that must be met in order to establish a supply
chain capable of making HALEU available for the development and
deployment of advanced reactors? Please consider and address both
front-end fuel cycle facilities and transportation packages (including
for metal, gas, and pertinent chemical forms).
(17) What, if any, additional challenges or considerations may be
associated with a HALEU lifecycle (including disposition), beyond those
of a traditional light water reactor fuel cycle, and how can they be
can be identified early and addressed?
(18) What other legal, funding, and other issues should be
addressed to best enable the development of a HALEU availability
program and promote private sector deployment of domestic HALEU
production capacity?
Financial Barriers
(19) Please describe the financial challenges associated with
developing a sustainable commercial fuel supply chain for HALEU.
Specifically, what are the challenges related to the acquisition of
funds for investment in HALEU production infrastructure? How might
these challenges be mitigated?
Human Resources
(20) What are the human resource-related considerations related to
the buildout of commercial HALEU production?
<bullet> Are there specific recruitment and/or training challenges
that must be overcome?
<bullet> What types of skillsets are needed to develop and deploy
the domestic commercial production of HALEU? Would this increase the
number of union jobs?
[[Page 71058]]
<bullet> Please describe the nature of any anticipated shortage in
subject matter expertise and its potential impact.
Other
(21) Are there additional considerations or recommendations,
including the timing of various actions, that should be considered with
respect to key challenges to HALEU availability for civilian domestic
research, development, demonstration, and commercial use in the United
States?
III. Submission of Comments
DOE invites all interested parties to submit, in writing by January
13, 2022, comments and information on matters addressed in this RFI.
Any information that may be business proprietary and exempt by law from
public disclosure should be submitted as described in Section IV of
this document.
IV. Business Proprietary Information
Pursuant to 10 CFR 1004.11, any person submitting information they
believe to be business proprietary and exempt by law from public
disclosure should submit via email 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'' deleting all of the 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 December 8,
2021, by Andrew Griffith, Deputy Assistant Secretary for Nuclear Fuel
Cycle and Supply Chain, Office of 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 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 December 9, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-26984 Filed 12-13-21; 8:45 am]
BILLING CODE 6450-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 14, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.