Notice2026-07900
Notice Pursuant to the Defense Production Act of 1950
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
April 23, 2026
Issuing agencies
Justice DepartmentAntitrust Division
Abstract
Notice is hereby given pursuant to section 708 of the Defense Production Act of 1950 ("DPA"), that the Acting Assistant Attorney General finds, with respect to the Implementing Voluntary Agreements Under the Defense Production Act ("Voluntary Agreement") proposed by the Department of Energy ("DOE"), that the purposes of section 708(c)(1) of the DPA may not reasonably be achieved through plans of action having less anticompetitive effects or without any plans of action. Given this finding, the proposed Plans of Action may become effective following the publication of this notice.
Full Text
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<title>Federal Register, Volume 91 Issue 78 (Thursday, April 23, 2026)</title>
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[Federal Register Volume 91, Number 78 (Thursday, April 23, 2026)]
[Notices]
[Pages 21850-21851]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-07900]
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DEPARTMENT OF JUSTICE
Antitrust Division
Notice Pursuant to the Defense Production Act of 1950
AGENCY: Antitrust Division, U.S. Department of Justice.
ACTION: Notice of review of plans of action.
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SUMMARY: Notice is hereby given pursuant to section 708 of the Defense
Production Act of 1950 (``DPA''), that the Acting Assistant Attorney
General finds, with respect to the Implementing Voluntary Agreements
Under the Defense Production Act (``Voluntary Agreement'') proposed by
the Department of Energy (``DOE''), that the purposes of section
708(c)(1) of the DPA may not reasonably be achieved through plans of
action having less anticompetitive effects or without any plans of
action. Given this finding, the proposed Plans of Action may become
effective following the publication of this notice.
SUPPLEMENTARY INFORMATION: Under the DPA, DOE may enter into plans with
representatives of private industry for the purpose of improving the
efficiency with which private firms contribute to the national defense
when conditions exist that may pose a direct threat to the national
defense or its preparedness. Such arrangements are generally known as
``voluntary agreements.'' Participants in an existing voluntary
agreement may adopt documented methods, known as ``plans of action,''
to implement that voluntary agreement. A defense to actions brought
under the antitrust laws is available to each participant acting within
the scope of a voluntary agreement and plan of action that has come
into force under the DPA.
The DPA requires that each proposed plan of action be reviewed by
the Attorney General prior to becoming effective. If, after consulting
with the Chair of the Federal Trade Commission, the Attorney General
finds that the purposes of the DPA's plans of action provision ``may
not reasonably be achieved through a . . . plan of action having less
anticompetitive effects or without any . . . plan of action,'' the plan
of action may become effective. 50 U.S.C. 4558(f)(1)(B). All functions
which the Attorney General is required or authorized to perform by
section 708 of the DPA have been delegated to the Assistant Attorney
General, Antitrust Division. 28 CFR 0.40(l).
Executive Order 14,302 ``Reinvigorating the Nuclear Fuel Base,'' 90
FR 22595 required the Secretary of Energy, in coordination with the
Attorney General and the Chairman of the Federal Trade Commission, to
utilize authority provided to the President in section 708(c)(1) of the
Defense Production Act to seek voluntary agreements with domestic
nuclear energy companies to provide for the national defense. The
purpose of the proposed revised Voluntary Agreement and Plans of Action
are to establish a consortium to ensure that the domestic nuclear fuel
supply chain capacity is available to enable the continued reliable
operation of the Nation's existing and future nuclear reactors. The
phases of the domestic nuclear fuel supply chain that will be addressed
in the Plans of Action include milling, conversion, enrichment,
deconversion, fabrication, recycling and reprocessing, end users, and
Uranium Fuel Infrastructure Resilience Mechanism (``UFIRM''). The
revised Voluntary Agreement consolidates these phases of the nuclear
fuel cycle into three Plans of Action (``POA''). POA Committee #1,
Material Sufficiency, will consist of the Mining & Milling, Conversion,
and Enrichment subcommittees. POA Committee #2, Market-Integrated Fuel
Utilization, will consist of the Fabrication & Deconversion, Recycling
& Reprocessing, and Reactors subcommittees. POA Committee #3, Human
Mobilization, will consist of the Workforce Development, Supply Chain,
and Economics & Finance subcommittees. Together, these Committees and
Subcommittees will comprise a consortium of domestic nuclear energy
companies. This consortium will allow for consultation with domestic
nuclear energy companies to discuss and implement methods to enhance
the capability to manage spent nuclear fuel to ensure the continued
reliable operation of domestic nuclear reactors. DOE has certified that
the proposed Plans of Action are
[[Page 21851]]
necessary to carry out its purpose, as specified in E.O. 14,302.
DOE requested that the Assistant Attorney General, Antitrust
Division, pursuant to the Attorney General's delegation of authority
under 28 CFR 0.40(i), issue a finding that the proposed Plans of Action
satisfy the statutory criteria set forth in 50 U.S.C. 4558(f)(1)(B).
The Assistant Attorney General, Antitrust Division, reviewed the
proposed Plans of Action and consulted with the Chair of the Federal
Trade Commission. On April 17, 2026, by letter to Assistant Secretary
for Nuclear Energy Thedore J. Garrish, Omeed Assefi, Assistant Attorney
General, Antitrust Division, issued a finding, pursuant to 50 U.S.C.
4558(f)(1)(B), that the purpose of the DPA's plan of action provision
``may not reasonably be achieved through a . . . plan of action having
less anticompetitive effects or without any . . . plan of action.''
Dated: April 20, 2026.
Dina Kallay,
Deputy Assistant Attorney General, Antitrust Division.
[FR Doc. 2026-07900 Filed 4-22-26; 8:45 am]
BILLING CODE 4410-11-P
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</html>Indexed from Federal Register on April 23, 2026.
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