Notice2023-11877
Notice of Intent to Prepare an Environmental Impact Statement for High-Assay Low-Enriched Uranium (HALEU) Availability Program Activities in Support of Commercial Production of HALEU Fuel
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Published
June 5, 2023
Issuing agencies
Energy Department
Abstract
In the Energy Act of 2020, the Secretary of Energy is charged with establishing and carrying out, through the Office of Nuclear Energy, a program to support the availability of uranium enriched to greater than 5 and less than 20 weight percent uranium-235 (U-235) (i.e., high-assay low-enriched uranium [HALEU]), for civilian domestic research, development, demonstration, and commercial use. Consistent with the objectives of, and direction in the Energy Act of 2020, the Department of Energy (DOE) proposes to take actions to establish a temporary domestic demand for HALEU to stimulate a diverse, domestic commercial HALEU supply that could ultimately lead to a competitive HALEU market and a more certain domestic HALEU demand. To this end, DOE intends to prepare an environmental impact statement (EIS) in accordance with the National Environmental Policy Act (NEPA) and its implementing regulations that will analyze the impacts of DOE's Proposed Action to facilitate the domestic commercialization of HALEU production and to acquire HALEU for ultimate commercial use or demonstration projects.
Full Text
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<title>Federal Register, Volume 88 Issue 107 (Monday, June 5, 2023)</title>
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[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Notices]
[Pages 36573-36576]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11877]
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DEPARTMENT OF ENERGY
Notice of Intent to Prepare an Environmental Impact Statement for
High-Assay Low-Enriched Uranium (HALEU) Availability Program Activities
in Support of Commercial Production of HALEU Fuel
AGENCY: Office of Nuclear Energy, Department of Energy.
ACTION: Notice of intent.
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SUMMARY: In the Energy Act of 2020, the Secretary of Energy is charged
with establishing and carrying out, through the Office of Nuclear
Energy, a program to support the availability of uranium enriched to
greater than 5 and less than 20 weight percent uranium-235 (U-235)
(i.e., high-assay low-enriched uranium [HALEU]), for civilian domestic
research, development, demonstration, and commercial use. Consistent
with the objectives of, and direction in the Energy Act of 2020, the
Department of Energy (DOE) proposes to take actions to establish a
temporary domestic demand for HALEU to stimulate a diverse, domestic
commercial HALEU supply that could ultimately lead to a competitive
HALEU market and a more certain domestic HALEU demand. To this end, DOE
intends to prepare an environmental impact statement (EIS) in
accordance with the National Environmental Policy Act (NEPA) and its
implementing regulations that will analyze the impacts of DOE's
Proposed Action to facilitate the domestic commercialization of HALEU
production and to acquire HALEU for ultimate commercial use or
demonstration projects.
DATES: DOE invites public comment on the scope of the EIS during a 45-
day public scoping period commencing on June 5, 2023, and ending on
July 20, 2023. DOE will hold webcast scoping meetings on June 21, 2023,
at 6:00 p.m. ET, on June 21, 2023, at 8:00 p.m. ET, and on June 21,
2023, at 10:00 p.m. ET. In defining the scope of the EIS, DOE will
consider all comments received or postmarked by the end of the scoping
period. Comments received or postmarked after the scoping period end
date will be considered to the extent practicable.
ADDRESSES: Written comments regarding the scope of the EIS should be
sent to Mr. James Lovejoy, DOE 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 <a href="/cdn-cgi/l/email-protection#f6beb7bab3a3dbb3bfa5b69883959a939784d893989384918fd8919980"><span class="__cf_email__" data-cfemail="5e161f121b0b731b170d1e302b3d323b3f2c703b303b2c392770393128">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Further information including public
meeting and registration information is available on the project
website, <a href="https://www.energy.gov/ne/haleu-environmental-impact-statement">https://www.energy.gov/ne/haleu-environmental-impact-statement</a>. All requests for additional information including requests
to be placed on the email list for project information should be sent
to <a href="/cdn-cgi/l/email-protection#eaa2aba6afbfc7afa3b9aa849f89868f8b98c48f848f988d93c48d859c"><span class="__cf_email__" data-cfemail="9ad2dbd6dfcfb7dfd3c9daf4eff9f6fffbe8b4fff4ffe8fde3b4fdf5ec">[email protected]</span></a>. For information regarding the HAP or
the EIS, contact Mr. James Lovejoy, <a href="/cdn-cgi/l/email-protection#8be7e4fdeee1e4e1e9cbe2efa5efe4eea5ece4fd"><span class="__cf_email__" data-cfemail="34585b42515e5b5e56745d501a505b511a535b42">[email protected]</span></a>, (208) 526-
4519. For general information on DOE's NEPA process, contact Mr. Jason
Anderson, <a href="/cdn-cgi/l/email-protection#d8b9b6bcbdaaabb2b498b1bcf6bcb7bdf6bfb7ae"><span class="__cf_email__" data-cfemail="b4d5dad0d1c6c7ded8f4ddd09ad0dbd19ad3dbc2">[email protected]</span></a>, (208) 526-0174.
SUPPLEMENTARY INFORMATION:
Background
DOE has an overall uranium strategy that covers a variety of
enriched uranium needs, including civilian and commercial needs
supported by the Office of Nuclear Energy and national security,
nonproliferation, and defense needs supported by the National Nuclear
Security Administration's Defense Programs, Defense Nuclear
Nonproliferation, and Naval Reactors programs. Section 2001(a) of the
Energy Act of 2020 (42 U.S.C. 16281; 134 Stat. 2453; Pub. L. 116-260
Div Z) charges the Secretary of Energy with establishing and carrying
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 (or ``HA-LEU'') is defined
under the Energy Act of 2020 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). DOE's activities to implement Section
2001(a), generally referred to as the HALEU Availability Program (HAP),
include several elements, such as conducting biennial surveys of
industry stakeholders to estimate the amount of HALEU needed for
domestic commercial use for the subsequent 5 years; establishing a
consortium of entities involved in the nuclear fuel cycle to support
the availability of HALEU (including by providing survey information
and purchasing HALEU made available by the Secretary for commercial
use); and acquiring or providing HALEU from a stockpile of uranium
owned by the Department or using enrichment technology to supply
members of the consortium with HALEU for commercial use or
demonstration projects.
The focus of this NOI and related EIS is DOE's implementation of
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 Inflation Reduction Act (section 50173) [Pub. L. 117-169] provided
$700 million in support of various HALEU program activities directed in
the Energy Act of 2020. From these funds, $500 million is being
considered for use in stimulating a diverse commercial supply chain for
HALEU. The establishment of this commercial supply of enriched uranium
is a key element of DOE's uranium strategy.
The current U.S. commercial power reactor fuel cycle is based on
reactor fuel that is enriched to no more than 5 weight percent U-235
(low-enriched uranium [LEU]), but many advanced reactor designs require
HALEU, which is enriched to greater than 5 and less than 20 weight
percent U-235. Using HALEU fuel allows advanced reactor designers to
create smaller reactors that produce more power with less fuel than the
current fleet of reactors. HALEU will also allow developers to optimize
their systems for longer life cores, increased safety margins, and
other increased efficiencies. Although some advanced reactor
technologies are currently under development, there is no domestic
commercial source of HALEU available to fuel them. The lack of such a
source could impede both the demonstration of these technologies being
developed and the development of future advanced reactor technologies.
Initial sources of uranium to meet the requirements of the HAP could be
existing DOE stockpiles of highly enriched uranium (HEU) that would be
processed or down-blended into HALEU (e.g., activities conducted
outside of the Proposed Action and that are covered by separate
existing or pending NEPA documentation). As DOE stockpiles are
depleted, production would need to be supplemented by or transition to
commercially-operated facilities.
To accelerate development of a sustainable commercial HALEU supply
capability, an initial public/private partnership is recommended to
address the high-fidelity (high-confidence demand) HALEU market (e.g.,
fuel for demonstration reactors) plus a percentage of the projected
commercial demand for power reactors. The private sector could
incrementally expand the capacity in a modular fashion to establish
HALEU enrichment and supply that are sufficient to meet future needs as
a sustainable market develops.
The development of a commercial HALEU fuel cycle would involve: (1)
uranium ore production (e.g., in situ-recovery), (2) conversion of the
uranium
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ore into enrichment feed (converting the uranium ore into hexafluoride
suitable for enrichment), (3) enrichment to HALEU (in particular, HALEU
enriched to at least 19.75 and less than 20 weight percent U-235), (4)
deconversion (conversion of the uranium hexafluoride into forms
suitable for fuel fabrication), (5) transportation services for HALEU
(e.g., from the enrichment site to the deconversion site), and (6)
storage capability. The EIS will evaluate implementation of the
Proposed Action of facilitating the commercialization of HALEU
production and DOE's acquisition of HALEU, including the direct and
reasonably foreseeable indirect effects of that acquisition.
Certain activities related to the Proposed Action are regulated by
other agencies, including, but not limited to the Nuclear Regulatory
Commission (NRC) and the Department of Transportation. DOE expects that
permits, license amendments, and/or licenses may be required for
activities such as mining/recovery; the operation of a conversion
facility; the construction and operation of enrichment facilities, a
deconversion facility, and HALEU storage facilities; and HALEU
transportation. DOE will coordinate with Agreement States \1\ and
agencies with regulatory authority, utilize existing and related
analyses of other agencies, and incorporate, as appropriate,
information to ensure a robust and efficient DOE NEPA analysis, as well
as to streamline and inform the process at DOE and with other entities
with NEPA responsibilities related to the Proposed Action.
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\1\ An Agreement State is a State that has entered into an
agreement with the NRC that gives the State the authority to license
and inspect byproduct, source, or special nuclear materials used or
possessed within their borders.
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Purpose and Need for Agency Action
One of the aspects of a clean energy future is sustainment and
expanded development of safe and affordable nuclear power. One key
element of that goal is the availability of fuel to power advanced
reactors. DOE is committed to support the development and deployment of
the HALEU fuel cycle and to acquire and provide HALEU as authorized by
Congress in Section 2001 of the Energy Act of 2020.
Development of innovative technologies, including the next
generation of advanced reactors, and advanced fuels, will help ensure
that nuclear power continues to bolster America's energy security by
providing a source of resilient, carbon-free power in the United
States.
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 the necessary commercial
deployment of advanced reactors because the domestic fuel supply chain
does not exist. The Energy Act of 2020 aims to stimulate HALEU supply
to support the development, demonstration, and deployment of advanced
reactors in a manner that establishes a diversity of supply and healthy
market forces for the future. This concern is a consistent theme in the
industry responses to DOE's Request for Information Regarding the
Establishment of a Program to Support the Availability of High-Assay
Low-Enriched Uranium (the ``RFI'') (86 FR 71055-71058; December 14,
2021). These responders emphasized the importance of the HALEU
consortium that is called for in the Energy Act of 2020 and that DOE
established on December 7, 2022 (87 FR 75048). Responders also
emphasized the opportunity for DOE to be an agent for stability (both
in assuring HALEU availability and market price certainty) during the
initial phase of HALEU fuel production.
DOE predicts that by the mid-2020s, approximately 22 metric tons of
uranium (MTU) of HALEU will be needed for initial core loadings to
support DOE's reactor demonstrations and research reactors that were
converted from highly enriched uranium fuel with a high-fidelity HALEU
(up to 19.75 weight percent U-235 enrichment) with demand of between 8
and 12 MTU annually for the next 10 years and increasing to over 50 MTU
by 2035. Additionally, the Nuclear Energy Institute (NEI) surveyed its
utility members that plan to utilize HALEU to identify their estimated
annual needs through 2035. This survey estimated industry requirements
could be as high as 600 MTU of HALEU at between 10.9 and 19.75 weight
percent enriched U-235 per year by 2035.
Both DOE and industry groups have recognized that DOE action is
needed to facilitate the development of the infrastructure that would
support the availability of HALEU fuel to support both near-term
research and demonstration needs and to support the U.S. commercial
nuclear industry. DOE and the NEI recognize that the main challenge to
establishing a commercial HALEU-based reactor economy is the upfront
capital investment of more than $500 million (an NEI estimate and
consistent with the Inflation Reduction Act funds appropriated to DOE)
required to establish the capability of producing quantities of HALEU
suitable for commercial fuel fabrication facilities needed for the
various types of HALEU reactors proposed.
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 ten-year period of performance, and to
facilitate the establishment of commercial HALEU fuel production. The
Proposed Action implements 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 Proposed Action would be conducted in a
manner that prioritizes social equities and the constructive engagement
with disadvantaged communities.
Given the variety of HALEU applications, the initial capability is
intended to be flexible and able to accommodate:
<bullet> Enrichments of U-235 to greater than 5 and less than 20
weight percent;
<bullet> Production of between 5 and 145 MTU of HALEU;
<bullet> Modular HALEU fuel cycle facility design concepts to
accommodate future growth; and
<bullet> Deconversion of uranium hexafluoride to forms suitable for
production of a variety of uranium fuels, to include oxides and metal.
The NEPA coverage for the Proposed Action will address a broad
range of activities. The EIS will analyze reasonable alternatives and
the no action alternative, and address the following activities
facilitating the commercialization of HALEU fuel production and
acquisition of HALEU:
<bullet> Extraction and recovery of uranium ore (from domestic and/
or foreign sources);
<bullet> Conversion of the uranium ore into uranium hexafluoride;
<bullet> Enrichment (possibly in up to three steps)
[cir] Enrichment to LEU to no more than 5 weight percent U-235,
[cir] Enrichment to HALEU greater than 5 and less than 10 weight
percent U-235, and
[cir] Enrichment to HALEU from 10 to less than 20 weight percent U-
235 in an NRC Category II facility; \2\
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\2\ NRC classifies special nuclear materials (SNM) and the
facilities that possess them into three categories based upon the
materials' potential for use in nuclear weapons, or their
``strategic significance.'' The NRC's physical security requirements
differ by category, from least stringent for Category III facilities
to most stringent for Category I facilities. NRC Category III
Facility (low strategic significance), includes facilities
containing uranium at enrichments of less than 10 weight percent U-
235. NRC Category II Facility (moderate strategic significance),
include facilities containing uranium at enrichments from 10 weight
percent to less than 20 weight percent U-235. NRC Category I
Facility (strategic special nuclear material), include facilities
containing uranium at enrichments equal to or greater than 20 weight
percent U-235.
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<bullet> Deconversion of the uranium hexafluoride to uranium oxide,
metal, and potentially other forms in an NRC Category II facility;
<bullet> Storage in an NRC Category II facility;
<bullet> DOE acquisition of HALEU; and
<bullet> Transportation of uranium/HALEU between facilities.
In addition to the activities above, there are several reasonably
foreseeable activities that could result from implementation of the
Proposed Action. They include:
<bullet> Fuel fabrication for a variety of fuel types in an NRC
Category II facility;
<bullet> Reactor (demonstration and test, power, isotope
production) operation; and
<bullet> Spent fuel storage and disposition.
While not specifically a part of the Proposed Action, the impacts
from these reasonably foreseeable activities would be acknowledged and
addressed to the extent practicable.
Potential Environmental Issues for Analysis
DOE proposes to address the issues listed in this section when
considering the potential impacts of the Proposed Action:
<bullet> Potential effects on public health from exposure to
radionuclides under routine and credible accident scenarios, such as
natural disasters (floods, hurricanes, tornadoes, and seismic events).
<bullet> Potential impacts on surface and groundwater, floodplains
and wetlands, and on water use and quality.
<bullet> Potential impacts on air quality (including climate
change) and noise.
<bullet> Potential impacts on plants, animals, and their habitats,
including species that are Federal- or state-listed as threatened or
endangered, or of special concern.
<bullet> Potential impacts on geology and soils.
<bullet> Potential impacts on cultural and historic resources.
<bullet> Socioeconomic impacts on potentially affected communities.
<bullet> Potential disproportionately high and adverse effects on
minority and low-income populations.
<bullet> Potential impacts on land-use plans, policies and
controls, and visual resources.
<bullet> Potential impacts on waste management practices and
activities.
<bullet> Potential impacts from the transportation of HALEU-related
radioactive materials.
<bullet> Potential impacts of intentional destructive acts,
including sabotage and terrorism.
<bullet> Unavoidable adverse impacts and irreversible and
irretrievable commitments of resources.
<bullet> Potential cumulative environmental effects of past,
present, and reasonably foreseeable future actions.
<bullet> Compliance with all applicable Federal, state, and local
statutes and regulations, and with international agreements, and
required Federal and state environmental permits, consultations, and
notifications.
Public Scoping Process
NEPA implementing regulations require an early and open process for
determining the scope of an EIS and for identifying the significant
issues related to a proposed action. To ensure that a full range of
issues related to the Proposed Action are addressed, DOE invites
Federal agencies, state, local, and tribal governments, the general
public, and the commercial community to comment on the scope of the
EIS. Specifically, DOE invites comment on the identification of
reasonable alternatives and information and analyses relevant to the
Proposed Action and specific environmental issues to be addressed.
Analysis of written and oral public comments provided during the
scoping period will help DOE further identify concerns and potential
issues to be considered in the Draft EIS.
Virtual Scoping Meeting Information
DOE will host three interactive webcasts during the scoping period
as listed under the DATES section. The purpose of the webcasts is two-
fold: the first is to provide the public with information about the
NEPA process and the Proposed Action and the second is to invite public
comments on the scope of the EIS.
The webcasts will begin with presentations on the NEPA process and
the Proposed Action. Following the presentations, there will be a
moderated session during which members of the public can provide oral
comments on the scope of the EIS. Commenters will be allowed 3 minutes
to provide comments. Comments will be recorded.
DOE recommends that members of the public who would like to provide
oral comments pre-register for the virtual scoping meetings. Although
pre-registration is not required, pre-registered attendees will have
prioritized oral comments in the limited 50-minute comment period.
Those who attend as a guest will also be able to provide comments but
will be added to the end of the comment queue during the meeting. In
addition to prioritized comments, advanced registration will allow
attendees to receive meeting reminders about their registered event(s).
Upon registration, an email containing a unique link to join the
meeting will be provided. All links to pre-register for the event will
close at noon (ET), June 21, 2023. Parties interested in attending as a
guest will not receive email reminders on their chosen event, but the
links to attend as a guest will remain open until the meeting
concludes. To obtain additional information, meeting links, and audio-
only call-in options, please visit <a href="https://www.energy.gov/ne/haleu-environmental-impact-statement">https://www.energy.gov/ne/haleu-environmental-impact-statement</a>. Written comments will be accepted by
mail and email at the addresses identified in the ADDRESSES section.
Projected EIS Schedule
DOE expects to announce the availability of the Draft EIS in the
Federal Register by the end of 2023. This will initiate the public
comment period on the Draft EIS during which DOE will hold public
hearings. DOE will consider all comments on the Draft EIS received
during the public comment period (and to the extent practicable,
comments received or postmarked after the public comment period end
date) in developing the Final EIS. Availability of the Final EIS is
planned to be announced in the Federal Register in mid-2024.
Publication of the Record of Decision (ROD) will follow no sooner than
30 days after publication of the Final EIS.
Signing Authority
This document of the Department of Energy was signed on May 24,
2023, by Dr. Kathryn Huff, 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 the
Department of Energy. For administrative purposes only, and in
compliance with requirements of the Office of the Federal Register, the
undersigned Department of Energy 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
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administrative process in no way alters the legal effect of this
document upon publication in the Federal Register.
Signed in Washington, DC, on May 31, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-11877 Filed 6-2-23; 8:45 am]
BILLING CODE 6450-01-P
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