Proposed Rule2025-20008
Implementing Voluntary Agreements Under the Defense Production Act
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
November 17, 2025
Issuing agencies
Energy Department
Abstract
On October 23, 2025, the Department of Energy held a public meeting to discuss the development of voluntary agreements and plans of action under the Defense Production Act. As part of that meeting, a draft voluntary agreement was released to the accompanying docket. This notice reproduces the draft agreement in full and solicits comment on that agreement.
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[Federal Register Volume 90, Number 219 (Monday, November 17, 2025)]
[Proposed Rules]
[Pages 51208-51212]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20008]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 90, No. 219 / Monday, November 17, 2025 /
Proposed Rules
[[Page 51208]]
DEPARTMENT OF ENERGY
Office of Nuclear Energy
10 CFR Part 821
[DOE-HQ-2025-0175]
Implementing Voluntary Agreements Under the Defense Production
Act
AGENCY: Office of Nuclear Energy, U.S. Department of Energy (DOE).
ACTION: Notice of availability; request for comment.
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SUMMARY: On October 23, 2025, the Department of Energy held a public
meeting to discuss the development of voluntary agreements and plans of
action under the Defense Production Act. As part of that meeting, a
draft voluntary agreement was released to the accompanying docket. This
notice reproduces the draft agreement in full and solicits comment on
that agreement.
DATES: Comments on the draft agreement are due by November 24, 2025.
FOR FURTHER INFORMATION CONTACT: Ms. Sarah McPhee Charrez, U.S.
Department of Energy, 1000 Independence Avenue SW, Washington, DC
20585. Telephone: (202) 587-1092. Email: DPA
<a href="/cdn-cgi/l/email-protection#13707c7d607c61677a667e537d66707f7672613d767d7661746a3d747c65"><span class="__cf_email__" data-cfemail="30535f5e435f424459455d705e45535c5551421e555e554257491e575f46">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Authority and Background
On August 25, 2025, the Department of Energy (``DOE'') published an
interim final rule to codify procedures for implementing voluntary
agreements pursuant to section 708 of the Defense Production Act of
1950 (``DPA''), Public Law 81-774 (Sept. 8, 1950) (codified at 50
U.S.C. 4558). See 90 FR 41279. As explained in that notice, DOE has
codified its procedures consistent with recent Executive orders related
to nuclear energy and a Presidential declaration of a national energy
emergency. See Executive Order (``E.O.'') 14302 (Reinvigorating the
Nuclear Industrial Base), 90 FR 22595 (May 29, 2025) and E.O. 14156
(Declaring a National Energy Emergency), 90 FR 8433 (Jan. 29, 2025).
Consistent with the DPA's provisions and DOE's related rule, DOE held a
public meeting on October 23, 2025, to discuss the development of
voluntary agreements and plans of action pursuant to section 708 of the
DPA. See 90 FR 48268 (Oct. 15, 2025). At that meeting, among other
things, DOE presented for discussion a draft voluntary agreement that
sets out the broad framework that would be followed with respect to
furthering the goals of E.O. 14302. This document reproduces that draft
agreement, which was also placed in the public docket and made
available for public comment to coincide with the October 23rd meeting,
and solicits comment on draft agreement's contents.
Signing Authority
This document of the Department of Energy was signed on November 7,
2025, by Theodore Garrish, Assistant Secretary for Nuclear Energy,
pursuant to delegated authority from the Secretary of Energy. The
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 November 13, 2025.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
Set forth below is the full text of the draft voluntary agreement.
DOE DPA Nuclear Fuel Cycle Consortium Voluntary Agreement Under Section
708 of the Defense Production Act
I. Preface
This Voluntary Agreement (``Agreement'') is entered into pursuant
to Section 708 of the Defense Production Act (DPA) of 1950, as amended
(50 U.S.C. 4558), and under the authority and supervision of the United
States Department of Energy (DOE), Office of Nuclear Energy, after
consultation with the Attorney General of the United States (Attorney
General) and the Chairman of the Federal Trade Commission (FTC). This
Agreement is established in furtherance of the goals set forth in
Executive Order (E.O.) 14302, ``Reinvigorating the Nuclear Industrial
Base,'' signed May 23, 2025, directing DOE to develop and maintain a
resilient, secure, and sustainable nuclear fuel supply chain, from
mining through waste management, for purposes of national security and
energy independence. The activities contemplated by this Agreement are
limited to those necessary to strengthen the domestic nuclear industry,
at the sole determination of DOE, the Department of Justice (DOJ), and
the FTC.
This Agreement affords Participants a defense to any civil or
criminal action brought under the Federal antitrust laws (or any
similar laws of any State) with respect to any action taken to develop
or carry out any Agreement or Plan of Action (POA) consistent with the
provisions under 50 U.S.C. 4558(j). This Agreement is intended to
foster a close working relationship between DOE and the Participants,
under the supervision of the DOJ and FTC. When implemented through a
POA, this Agreement affords Participants a safe harbor to exchange
information, collaborate and adjust commercial operations as to
particular products and services, as DOE determines it necessary to
address the national energy emergency declared on January 20, 2025,
through E.O. 14156, ``Declaring a National Energy Emergency.''
II. Scope
This Agreement between DOE and Participants shall apply to all
activities across the full nuclear fuel cycle, including, but not
limited to:
1. Uranium mining and milling
2. Uranium conversion
3. Uranium deconversion
4. Uranium enrichment
5. Fuel fabrication
6. Spent nuclear fuel recycling and reprocessing
7. End-users
This Agreement covers coordination, strategic planning, data
sharing, and collaboration necessary to support DOE's mission to ensure
domestic capability and resilience in each stage of the nuclear fuel
cycle.
[[Page 51209]]
III. Authorities
Section 708, Defense Production Act (50 U.S.C. 4558); Section 161,
Atomic Energy Act (42 U.S.C. 2201); Section 123, Atomic Energy Act (42
U.S.C. 2153); Section 124, Atomic Energy Act (42 U.S.C. 2154);
Executive Order (E.O.) 14156 Declaring a National Energy Emergency;
E.O. 14302, 90 FR 22595. Pursuant to DPA section 708(f)(1)(A), the
Assistant Secretary for Nuclear Energy certifies that this Agreement is
necessary for the national defense.
IV. General Provisions
A. Definitions
1. Agreement--The Voluntary Agreement. Participants who have been
invited to join and agreed to the terms of this Agreement as described
in Section VII below may join the DOE DPA Nuclear Fuel Cycle
Consortium.
2. Attendees--Subject matter experts (SME), invited by the
Chairperson to attend meetings authorized under this Agreement, to
provide technical advice or to represent other Government agencies or
interested parties. Attendees are not Members of the Committee.
3. Chairperson--The Assistant Secretary for Nuclear Energy, as
delegated by the Secretary of Energy, to chair the DOE DPA Nuclear Fuel
Cycle Consortium. The Chairperson (or ``Chair'') shall be responsible
for the overall management and administration of the Committee, this
Agreement, and Plans of Action developed under this Agreement while
remaining under the supervision of the Secretary; may create
Committees, determine policies, recommend actions, and make decisions
necessary to carry out this Agreement; may delegate these tasks to the
Principal Deputy Assistant Secretary for Nuclear Energy; and otherwise
shall carry out all duties and responsibilities assigned to them. The
Chairperson shall be assisted and represented by a Vice-Chairperson (or
``Vice-Chair''), the Deputy Assistant Secretary for Nuclear Fuel Cycle.
4. Committee--A forum to maximize the effectiveness of DOE and
industry participants to respond to E.O. 14156 (Declaring a National
Energy Emergency) through integrated coordination, planning, and
identification and development of Plans of Action needed to enable the
continued reliable operation of the Nation's existing, and future,
nuclear reactors, including making recommendations on the creation of a
Plan of Action.
5. Consortium--The DOE DPA Nuclear Fuel Cycle Consortium
established under this Agreement.
6. Documents--Any information, on paper or in electronic format,
including written, recorded, and graphic materials of every kind, in
the possession, custody, or control of the Participant.
7. Members--Collectively the Chairperson, Representatives, and
Participants of the Committee. Jointly responsible for developing all
decisions necessary to carry out this Agreement and to develop and
execute Plans of Action under this Agreement.
8. Nuclear Fuel Cycle--The various activities associated with
inputs to the production of electricity from nuclear reactions,
starting with the mining of uranium and ending with the disposal of
nuclear waste. With the reprocessing of used fuel as an option for
nuclear energy, the stages form a true cycle.
9. Participant--Any domestic private-sector company, regardless of
the location of the ultimate business owner, that has substantive
capabilities, resources or expertise to carry out the purpose of this
Agreement, that has been specifically invited to participate in this
Agreement by the Chairperson, and that has applied and agreed to the
terms of this Agreement in Section VII below. ``Participant'' includes
a corporate entity entering into this Agreement and all subsidiaries
and affiliates of that entity in which that entity has 50 percent or
more control either by stock ownership, board majority, or otherwise.
The Chairperson may invite Participants to join this Agreement at any
time during its effective period.
10. Plan of Action--A documented method, pursuant to 50 U.S.C.
4558(b)(2), proposed by DOE and adopted by invited Participants, to
implement this Agreement, through a Committee focused on a particular
aspect of the Nuclear Fuel Cycle or functional area necessary for the
national defense.
11. Representatives--The representatives the Chairperson or Vice-
Chairperson identifies and invites to the Consortium from DOE and other
Federal agencies with equities in this Agreement, and empowered to
speak on behalf of their agencies' interests. The Attorney General and
the Chairman of the FTC, or their delegates, may also attend any
meeting as a Representative.
12. Steering Committee--Senior officials from DOE and
representatives from industry to guide priorities and provide feedback
on activities.
13. Sub-Committee--A group formed by a Committee from select
Participants to further implement a Plan of Action.
B. Governance Structure
1. Chairperson--Assistant Secretary for Nuclear Energy, as
delegated by the Secretary of Energy. Chairs the consortium and ensures
compliance.
2. Vice-Chairperson--Deputy Assistant Secretary for Nuclear Fuel
Cycle, as delegated by the Assistant Secretary for Nuclear Energy.
Performs deputized tasks as appropriate for the Chairperson.
3. Convening Chair--DOE official tasked with supporting the regular
operations of a Committee (may also be referred to as ``Committee
Chair).
4. Steering Committee--Senior representatives from DOE, NNSA, DOJ,
FTC, and industry to guide priorities, along with representatives from
other federal agencies as appropriate. Members include the Deputy
Assistant Secretaries for Nuclear Reactors and High Level Waste and
Disposition. Industry representation will include one representative
from invited trade organizations.
5. Committees--Organized by fuel cycle stage; each develops POAs.
Example: Mining Committee, Conversion Committee, Enrichment Committee,
Fabrication Committee, etc.
6. Secretariat--Ensures the maintenance of records, agendas, and
minutes, coordinates activities as appropriate.
V. Committee Participation
The Committees established under this Agreement will consist of the
(1) a DOE official, (2) Representatives from NNSA, DOJ, FTC and other
Federal agencies with equities in this Agreement, and (3) Participants
that have substantive capabilities, resources or expertise to carry out
the purpose of this Agreement. Other Attendees, invited by the
Convening Chair as SMEs to provide technical advice or to represent the
interests of other Government agencies or interested parties, may also
participate in Committee meetings. Collectively, the Convening Chair,
Representatives and Participants will serve as Members of the
Committee. Public notice will be provided as each Participant joins or
withdraws from this Agreement. The list of Participants will be
published annually in the Federal Register.
Effective Dates and Duration of Participation
This Agreement is effective immediately upon the signature of the
Participant or their authorized designees. This Agreement shall remain
in effect until terminated in accordance with 10 CFR 821.5, or in any
case, it
[[Page 51210]]
shall be effective no more than five (5) years from the date the
requirements of DPA section 708(f)(1) are satisfied as to the initial
Voluntary Agreement regarding the development and maintenance of a
resilient, secure, and sustainable nuclear fuel supply chain, from
mining through waste management, for purposes of national security and
energy independence, unless otherwise terminated pursuant to DPA
section 708(h)(9) and 10 CFR 821.5 or extended as set forth in DPA
section 708(f)(2). No action may take place under this Agreement until
it is activated, as described below.
Withdrawal
Participants may withdraw from this Agreement at any point, subject
to the fulfillment of obligations incurred under this Agreement prior
to the date this agreement is terminated with regard to such
Participant, by giving written notice to the Chairperson at least
fifteen (15) calendar days prior to the effective date of that
Participant's withdrawal. Following receipt of such notice, the
Chairperson will inform the other Participants of the date of the
withdrawal.
Upon the effective date of the withdrawal, the Participant must
cease all activities under this Agreement.
Removal
Committee Members shall actively participate in designated working
groups, providing subject matter expertise, data, and/or other
resources as defined in their company's approved capability statement
(see Appendix 2). Failure to meet participation requirements, defined
as no less than 75% of scheduled meetings and timely submission of
accepted deliverables, may result in suspension of membership
privileges, including loss of voting rights and removal from the
Committee. Participants may be removed from this Agreement at any point
if not actively participating in at least one Committee.
If such a determination is made, the Participant will receive
written notice from the Chairperson at least fifteen (15) calendar days
prior to the effective date of that Participant's removal, during which
time the Participant may appeal the removal in writing. Following
receipt of such notice, the Chairperson will inform the other
Participants of the date of the removal.
Upon the effective date of the removal, the Participant must cease
all activities under this Agreement.
Plan of Action Activation and Deactivation
The Chairperson may authorize a POA and Committee for one or more
specific workstreams, e.g., a fuel fabrication plan of action, or a
conversion plan of action, or a mining & milling plan of action. The
Chairperson will invite a select group of Participants who are
representative of the segment of the industry for which the POA is
intended to participate on the Committee. The POA will be activated for
each invited Participant when the Participant executes a POA Agreement.
Actions taken by Participants to develop a POA and actions taken after
executing a POA Agreement to collectively coordinate, plan and
collaborate, pursuant to that POA and as directed and supervised by
DOE, will constitute action taken to develop and carry out this
Agreement pursuant to 50 U.S.C. 4558(j).
Committees will meet only for the purposes specified in this
Agreement and as provided for in writing by the Chairperson. They will
report directly to the Committee regarding all actions taken by them,
and any POA adopted by a Committee must be approved first by the
Chairperson. A POA may not become effective unless and until the
Attorney General (after consultation with the Chairman of the FTC)
finds, in writing, that such purpose(s) of the POA may not reasonably
be achieved through a POA having less anticompetitive effects or
without any POA and publishes such finding in the Federal Register. The
Chairperson will appoint a Committee Convening Chair to preside over
each Committee as a delegate of the Chairperson; however, the
Chairperson retains responsibility for all Committees and for
administerial and record keeping requirements of any meetings held by
such Committees, including providing public notice as required of any
meetings.
When recommended by the Committee Convening Chair, the Chairperson
will provide notice of a POA Deactivation. Any actions taken by
Participants after the Deactivation date are outside the scope of POA
Agreement and those defenses to antitrust violations that were
previously afforded to Participants are no longer available.
Rules and Regulations
Participants acknowledge and agree to comply with all provisions of
DPA section 708, as amended, and regulations related thereto which are
promulgated by DOE, the Attorney General, and the FTC. DOE has
promulgated standards and procedures pertaining to voluntary agreements
in 10 CFR part 821. The Chairperson shall inform Participants of new
rules and regulations as they are issued.
Modification and Amendment
The Secretary of Energy, after consultation with the Attorney
General and the Chairman of the FTC, may terminate or modify, in
writing, this Agreement or a POA at any time, and may remove
Participants from this Agreement or a POA at any time.
Participants may propose modifications or amendments to this
Agreement at any time. The Chairperson shall inform Participants of
modifications or amendments to this Agreement as they are issued. If a
Participant indicates an intent to withdraw from the Agreement due to a
modification or amendment of the Agreement, the Participant will not be
required to perform actions directed by that modification or amendment.
The Attorney General, after consultation with the Chairman of the
FTC and the Secretary of Energy, may terminate or modify, in writing,
this Agreement or a POA at any time, and may remove Participants from
this Agreement or a Plan of Action at any time. If the Attorney General
decides to use this authority, the Attorney General will notify the
Chairperson as soon as possible, who will in turn notify Participants.
Any actions taken by a Participant after the Participant's withdrawal
or removal from this Agreement or a POA are outside the scope of a POA
Agreement. Accordingly, defenses against antitrust violations that were
previously afforded to the Participant would no longer be available.
Expenses
Participation in this Agreement does not confer funds to
Participants, nor does it limit or prohibit any pre-existing source of
funds. Unless otherwise specified, all expenses, administrative or
otherwise, incurred by Participants associated with participation in
this Agreement shall be borne exclusively by the Participants.
Recordkeeping
The Chairperson shall have primary responsibility for maintaining
records in accordance with 10 CFR part 821.3, and shall be the official
custodian of records related to carrying out this Agreement. These
activities may be delegated to the Secretariat.
Each Participant shall maintain for five (5) years all records,
documents, and other data, including any communications with other
Participants
[[Page 51211]]
or with any other member of the Committee, including drafts, related to
the carrying out of this Agreement or any POA or incorporating data or
information received in the course of carrying out this Agreement or
any POA. Each Participant agrees to produce to the Secretary of Energy,
the Attorney General, and the Chairman of the FTC upon request any item
that this section requires the Participant to maintain. Any record
maintained in accordance with 10 CFR part 821 shall be available for
public inspection and copying, unless exempted on the grounds specified
in 5 U.S.C. 552(b)(1), (3) or (4) or identified as privileged and
confidential information in accordance with DPA section 708(d), and 10
CFR 821.
VI. Antitrust Defense
Under the provisions of DPA subsection 708(j), each Participant in
this Agreement shall have available as a defense to any civil or
criminal action brought for violation of the antitrust laws (or any
similar law of any State) with respect to any action to develop or
carry out this Agreement or a POA, insofar as such action was taken by
the Participant in the course of developing or carrying out this
Agreement or a POA, that the Participant complied with the provisions
of DPA section 708 and the rules promulgated thereunder, and that the
Participant acted in accordance with the terms of this Agreement and
any relevant POA. Except in the case of actions taken to develop this
Agreement or a POA, this defense shall be available only to the extent
the Participant asserting the defense demonstrates that the action was
specified in, or was within the scope of, this Agreement or a POA.
This defense shall not apply to any action occurring after the
termination of this Agreement or a POA, or after the withdrawal or
removal of a Participant. Immediately upon modification of this
Agreement or a POA, no antitrust immunity shall apply to any subsequent
action that is beyond the scope of the modified Agreement or POA. The
Participant asserting the defense bears the burden of proof to
establish the elements of the defense. The defense shall not be
available if the person against whom the defense is asserted shows that
the action was taken for the purpose of violating the antitrust laws.
VII. Terms and Conditions
Each Participant agrees to voluntarily collaborate with all
Consortium Members to recommend POAs and Sub-Committees that will, at
the direction of and under the supervision of DOE, bolster the domestic
nuclear fuel cycle to enable the continued reliable operation of the
Nation's existing, and future, nuclear reactors.
As the sponsoring agency, DOE will maintain oversight over
Committee and Sub-Committee activities and direct and supervise actions
taken to carry out this Agreement and subsequent POAs, including by
retaining decision-making authority over actions taken pursuant to this
Agreement and subsequent POAs to ensure such actions are necessary to
address a direct threat to the national defense. The DOJ and FTC will
monitor activities of the Committee and Sub-Committees to ensure they
execute their responsibilities in a manner consistent with this
Agreement having the least anticompetitive effects possible.
Plan of Action Execution
Specific Member obligations and actions to be undertaken will only
be provided for in individual POAs, not in the Agreement. Activities
taken to develop a POA or to implement a POA that has been activated
pursuant to Section V above will provide Participants the antitrust
defense described in Section VI. Each POA will identify the conduct
that Participants will undertake in carrying out the POA and that would
be subject to the defense described in Section VI.
Each POA will describe what information Members will share, as
directed by DOE and under DOE's supervision. Information will be used
to create a common operating picture in furtherance of the POA's
purpose and/or to promote overall situational awareness of nuclear fuel
cycle activities.
Each POA, and information gathered pursuant to that plan, will be
used to support efforts to ensure that the nuclear fuel supply chain
capacity, including milling, conversion, enrichment, deconversion,
fabrication, recycling, or reprocessing, is available to enable the
continued reliable operation of the Nation's existing, and future,
nuclear reactors.
VIII. Information Management and Responsibilities
DOE will request only that data and information from Participants
that are necessary to meet the objectives of a POA. Upon signing a POA
Agreement, Participants should endeavor to cooperate to the greatest
extent possible to share data and information necessary to meet the
objectives of the POA.
The specific data requested, procedures for sharing that data, and
data management and disposition will be tailored for each specific POA.
Where feasible and to the greatest extent possible, DOE will
incorporate the following principles regarding data sharing into each
POA:
1. In general, Participants will not be asked to share
competitively sensitive information directly with other Participants.
Direct sharing of information among Participants will be requested only
when necessary to accomplish the goals outlined in the POA and will be
closely supervised by DOE, DOJ, and FTC, including requiring
appropriate safeguards regarding Participant use and dissemination of
other Participants' data.
2. If DOE needs to share information with parties outside a
Committee, DOE will limit the amount and type of information shared to
the greatest extent feasible and permitted by law, while still
furthering the objectives of the POA.
3. Prior to distribution within or outside the Committee, DOE will
aggregate and anonymize data in such a way that will maximize the
effectiveness of the POA without compromising competitively sensitive
information.
4. Pursuant to 5 U.S.C. 552(b)(4) and 10 CFR 821.6, DOE will
withhold from disclosure under the Freedom of Information Act (FOIA)
Participant trade secrets and commercial or financial information and
will restrict Committee meeting attendance where necessary to protect
trade secrets and commercial or financial information.
5. Any party receiving competitively sensitive information through
a POA shall use such information solely for the purposes outlined in
the POA and take steps, such as imposing firewalls or tracking usage,
to ensure such information is not used for any other purpose.
Disclosure and use of competitively sensitive information will be
limited to the greatest extent possible.
6. At the conclusion of a Participant's involvement in a POA (due
to the deactivation of the POA or due to the Participant's withdrawal
or removal) each Participant will be requested to sequester any and all
competitively sensitive information received through participation in
the POA. This sequestration will include the deletion of all
competitively sensitive information unless required to be kept pursuant
to the Recordkeeping requirements as described supra, Section I, 10 CFR
part 821.6, or any other provision of law.
IX. Oversight
The Chairperson is responsible for ensuring the Attorney General,
or
[[Page 51212]]
suitable delegate(s) from DOJ, and the FTC Chairman, or suitable
delegate(s) from the FTC, have awareness of activities under this
Agreement, including POA activation, deactivation, and scheduling of
meetings. The Attorney General, the FTC Chairman, or their delegates
may attend Consortium and Committee meetings and request to be apprised
of any activities taken in accordance with activities under this
Agreement or a POA. DOJ or FTC Representatives may request and review
any proposed action by the Consortium, Committee, or Participants
undertaken pursuant to this Agreement or POA, including the provision
of data. If any DOJ or FTC Representative believes any action proposed
or taken is not consistent with relevant antitrust protections provided
by the DPA, he or she shall provide warning and guidance to the
Committee as soon as the potential issue is identified. If questions
arise about the antitrust protections applicable to any particular
action, DOE may request DOJ, in consultation with the FTC, provide an
opinion on the legality of the action under relevant DPA antitrust
protections.
The Consortium Chairperson shall notify the Attorney General, the
Chairman of the FTC, Representatives, and Participants of the time,
place, and nature of each meeting and of the proposed agenda of each
meeting to be held to carry out this Agreement. Additionally, the
Chairperson shall provide for publication in the Federal Register of a
notice of the time, place, and nature of each Consortium meeting. If a
meeting is open, a Federal Register notice will be published reasonably
in advance of the meeting. The Chairman may restrict attendance at
meetings only on the grounds outlined by 10 CFR 821.6. If a meeting is
closed, a Federal Register notice will be published within 10 days of
the meeting and will include the reasons for that decision.
The Chairperson shall establish the agenda for each Consortium
meeting, be responsible for adherence to the agenda, and provide for a
written summary or other record of each Consortium meeting and provide
copies of transcripts or other records to DOE, the Attorney General,
the Chairman of the FTC, and all Participants. The Chair shall take
necessary actions to protect from public disclosure any data discussed
with or obtained from Participants which a Participant has identified
as a trade secret or as privileged and confidential in accordance with
DPA sections 708(h)(3) and 705(d), or which qualifies for withholding
under 10 CFR 821.6.
XI. Application and Agreement
The Participant agrees to join in the U.S. Department of Energy-
sponsored Voluntary Agreement entitled ``DOE Nuclear Fuel Cycle Defense
Production Act (DPA) Consortium'' and to become a Participant in this
Consortium. This Agreement will be published in the Federal Register.
This Agreement is authorized under section 708 of the Defense
Production Act of 1950, as amended. Regulations governing this
Agreement appear at 10 CFR part 821. The applicant, as Participant,
agrees to comply with the provisions of section 708 of the Defense
Production Act of 1950, as amended, the regulations at 10 CFR part 821,
and the terms of this Agreement.
No Participant may assign or transfer this Agreement, in whole or
in part, or any protections, rights or obligations hereunder without
the prior written consent of the Chairperson. When requested, the
Chairperson will respond to written requests for consent within 10
business days of receipt.
[FR Doc. 2025-20008 Filed 11-14-25; 8:45 am]
BILLING CODE 6450-01-P
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