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Notice2026-16225

Plan of Action Under the Defense Production Act (Market-Integrated Fuel Utilization Committee)

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Published

August 10, 2026

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 and published in the Federal Register for comment. This notice publishes the plan of action for the Market-Integrated Fuel Utilization Committee under the "Nuclear Fuel Cycle Consortium" Voluntary Agreement, approved by the Secretary of Energy, after consultation by the Attorney General and Chairman of the Federal Trade Commission.

Full Text

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<title>Federal Register, Volume 91 Issue 152 (Monday, August 10, 2026)</title>
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[Federal Register Volume 91, Number 152 (Monday, August 10, 2026)]
[Notices]
[Pages 51474-51477]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16225]

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DEPARTMENT OF ENERGY

[DOE-HQ-2026-0695]

Plan of Action Under the Defense Production Act (Market-
Integrated Fuel Utilization Committee)

AGENCY: Office of Nuclear Energy, U.S. Department of Energy (DOE).

ACTION: Notice of availability.

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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 and
published in the Federal Register for comment. This notice publishes
the plan of action for the Market-Integrated Fuel Utilization Committee
under the ``Nuclear Fuel Cycle Consortium'' Voluntary Agreement,
approved by the Secretary of Energy, after consultation by the Attorney
General and Chairman of the Federal Trade Commission.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Rova, Chief of Staff,
Nuclear Fuel Cycle, Office of Nuclear Energy, Department of Energy,
1000 Independence Avenue SW, Washington, DC 20585. Telephone: (301)
903-9096. Email: <a href="/cdn-cgi/l/email-protection#3f7b6f7e5c50514c504d4b564a527f514a5c535a5e4d115a515a4d584611585049"><span class="__cf_email__" data-cfemail="82c6d2c3e1edecf1edf0f6ebf7efc2ecf7e1eee7e3f0ace7ece7f0e5fbace5edf4">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Authority and Background

On August 25, 2025, the Department of Energy (``DOE'') published an
interim final rule to codify standards and procedures for developing
and 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 interim final rule, DOE's procedures were developed in accordance
with the DPA statute and are 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).
E.O. 14302 charges DOE with developing and maintaining a resilient,
secure, and sustainable nuclear fuel supply chain, from mining through
the management of spent nuclear fuel and high-level radioactive waste,
for purposes of national security and energy independence.
Consistent with this charge, the DPA, 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, DOE
presented for discussion and comment a draft voluntary agreement
concerning the nuclear fuel cycle that set out the broad framework to
be followed with respect to furthering the goals of E.O. 14302. That
draft agreement was placed in the public docket and made available for
public comment. DOE also reproduced that draft agreement in the Federal
Register

[[Page 51475]]

and solicited further public comment. See 90 FR 51208 (Nov. 17, 2025).
From January 2026 to March 2026, Consortium members met to develop
plans of action to implement the Voluntary Agreement. Proposals were
reviewed in a closed Steering Committee session on March 26, 2026. See
91 FR 17958 (April 9, 2026). Three plans of action were finalized in
advance of the second public meeting of the Consortium that was held on
April 23, 2026, where meeting panels were held to discuss the goals of
the plans of action. See 91 FR 20420 (April 16, 2026).
The text of the final version of the plan of action for The Market-
Integrated Fuel Utilization Committee follows at the end of this
document.

Signing Authority

This document of the Department of Energy was signed on July 28,
2026, 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 August 6, 2026.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

Set forth below is the full text of the final version of the plan
of action for the Market-Integrated Fuel Utilization Committee.

DOE Nuclear Fuel Cycle DPA Consortium Plan of Action Market-Integrated
Fuel Utilization Committee

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 (90
FR 8433); E.O. 14302, Reinvigorating the Nuclear Industrial Base (90 FR
22595). Pursuant to Defense Production Act section 708(f)(1)(A), the
Assistant Secretary for Nuclear Energy certifies that this Agreement is
necessary to help provide for the national defense.
Participants acknowledge and agree to comply with all provisions of
the Defense Production Act (DPA) section 708, as amended, and
regulations related thereto which are promulgated by the Department of
Energy (DOE), the Attorney General, and the Federal Trade Commission
(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. Further
information on definitions for terms in this Plan of Action are
available in the Voluntary Agreement under ``Definitions.''

Mission Statement

As the implementing body of the Nuclear Dominance--3 by 33 moonshot
challenge, ``Fast Forward Nuclear Dominance,'' the Market-Integrated
Fuel Utilization Committee and its subcommittees are focused on how to
turn material that we produce into reactor-usable materials that the
utilities and end-users will buy and deploy.

Scope of Activities

The Fabrication & Deconversion Subcommittee activities will focus
on ways to assess, develop, strengthen, and expand domestic nuclear
fuel fabrication (and corresponding supply chain) and high-assay low-
enriched uranium (HALEU) deconversion capabilities in the United
States, ensuring the secure and reliable production of commercial and
advanced nuclear fuels.
The Recycling & Reprocessing Subcommittee activities will focus on
how to establish a domestic, secure, resilient, closed nuclear fuel
cycle through the operation of commercial reprocessing and recycling
technologies while unlocking economic value from the fuel and isotope
products recovered from Used Nuclear Fuel (UNF).
The Reactors Subcommittee will focus on accelerating reactor
deployment and securing critical materials and components to support
that deployment while leveraging reactor vendor market knowledge to
understand how to best deliver the next generation of nuclear power
plants, including small modular reactors.

Participation Criteria

The Market-Integrated Fuel Utilization 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. 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.
The Market-Integrated Fuel Utilization Committee will have one DOE
Committee Chair who will convene the group, convey DOE priorities and
concerns, coordinate activities between Participants, and ensure
administration of the Plan of Action (POA). Each Committee will report
through the Committee Chair all milestones and achievements.
The Market-Integrated Fuel Utilization Committee will have two
Industry Co-leads, as voted by the other participants. This role will
be staggered and rotate every six months among the members of each
Committee, as identified in Appendix 1 of the Voluntary Agreement.
Each Participant in the Market-Integrated Fuel Utilization
Committee will submit a short ``capability statement'' that maps their
contribution to the Market-Integrated Fuel Utilization Committee's
goals.
The Market-Integrated Fuel Utilization Committee intends to
coordinate with the National Nuclear Security Administration (NNSA),
the Department of War (DoW), and the Nuclear Regulatory Commission
(NRC) to ensure the highest level of collaboration and communication.
A representative of the Department of Justice (DOJ) or FTC must be
in attendance at each substantive Market-Integrated Fuel Utilization
Committee meeting to provide oversight and guidance.
Committee working groups are at the discretion of the Market-
Integrated Fuel Utilization Committee leadership but should be
identified. The Secretary of Energy, the appropriately delegated DOE
official, or their federal representative must approve in advance any
substantive meeting among Participants to ``discuss problems, determine
policies, recommend actions, and make decisions necessary to carry out
the agreement.'' 10 CFR 821.4(c)(1). A representative from the federal
government must be in attendance at all substantive working group
meetings, as required by 50 U.S.C. 4558(h)(5) and 10 CFR 821.4(c)(4).
This representative may be an appropriately delegated DOE official. DOJ
and FTC must be notified of any such meetings and may also

[[Page 51476]]

attend, at their discretion. 10 CFR 821.4(c)(4).
Further information on effective dates and duration of
participation, modification and amendment, rules and regulations,
expenses, withdrawal and removal is available in the Voluntary
Agreement under ``Committee Participation.''

Roles and Responsibilities

Subcommittees will identify their members and contributions through
identification of specific actions or activities in support of the
moonshot goal. For specific information on deliverables, see Timelines
and Milestones.

Framework for a Domestic Circular Nuclear Fuel Economy

Members will identify their expected contribution to this 60-day
deliverable and subsequent follow-on actions identified in advance of
the final Steering Committee meeting of 2026 as follows:
Design and establish the structure, eligibility criteria, and
offtake terms for an Advanced Fuel Availability Program (AFAP) for
domestically recycled nuclear materials, modeled on the HALEU
Availability Program, and collectively evaluate and recommend the
appropriate federal funding mechanism--including potential utilization
of Nuclear Waste Fund accrued interest or congressional appropriations
to capitalize the program.
Identify applicable existing technical standards (including
relevant ASTM International standards) and agree on commercial
reference terms for recovered materials and isotopes produced from used
nuclear fuel recycling, thereby establishing the industry benchmarks
required for project financing and federal program design.

Reactor Component Demand Aggregation

Reporting & Record Keeping

Each Committee, Subcommittee, and working group meeting shall
produce a record of participants, objectives, outcomes, and next steps.
All such meetings will be recorded with transcripts on Microsoft Teams.
The DOE Chair will keep this record.
Any substantive meeting including more than one industry
participant that is not inclusive of the DOE Chair is subject to the
same record keeping and reporting requirements as a regular Committee,
Subcommittee, or working group meeting.
See ``Record Keeping'' under ``Committee Participation'' and
``Information Management and Responsibilities'' in the Voluntary
Agreement for more details on record keeping.

Timelines and Milestones

The original moonshot goals have been prioritized based upon near-
term needs and opportunities as stated below. As the Consortium's work
progresses, additional goals may be defined and assigned across
subcommittees to address emerging priorities, gaps, and areas of
opportunity. All subcommittees are expected to contribute to current
priority goals while remaining positioned to support or lead future
goals as identified. In addition to the 60-day deliverables below,
subcommittees are authorized to take any follow-on actions to brief,
clarify, supplement, or respond to Steering Committee direction arising
from those deliverables, including the development of subsequent POAs.

Framework for a Domestic Circular Nuclear Fuel Economy

Within 60 days, the Committee will submit a report to DOE that
provides a quantitative roadmap for federal value-based compensation
model including associated funding approaches that enables a
commercially viable recycling and reprocessing sector.
The report will evaluate compensation mechanisms, transportation,
repackaging, title-transfer and related activities to compensate
industry for reducing federal final-disposition liabilities and
expanding the supply of domestically recovered nuclear materials.
It may outline the mechanics for an ``Advanced Fuel Availability
Program'' that uses fixed-price offtake agreements to generate the
bankable demand signal required for private developers to raise
capital, build capacity, and deliver strategic materials at scale.

Reactor Component Aggregation

Within 60 days, the Committee will submit a report to DOE that
outlines how a coordinated demand-aggregation mechanism could be
established and operated to support nuclear reactors, critical reactor
components, and materials markets.
The report will first define the prospective participants, the
organizational home for the mechanism, and the specific materials and
components covered.
The report will assess how consolidated and anonymized (where
appropriate) demand-signal data can be collected, validated, and used
to inform industrial-based planning.
The report will evaluate the feasibility of coordinated or pooled
purchasing and any necessary safeguards to minimize negative impacts on
competition.
The report will also identify contracting approaches capable of
demonstrating real, quantifiable demand for priority supply-chain
elements using anonymized buyer pools, collective purchasing
structures, or other combined demand signals to strengthen supplier
confidence and accelerate industrial-base expansion.

Antitrust Defense

Under the provisions of DPA subsection 708(j), each Participant in
this Plan 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
Plan, insofar as such action was taken by the Participant in the course
of developing or carrying out this Plan, that the Participant fully
complied with the provisions of DPA section 708 and the rules
promulgated thereunder, and that the Participant acted in accordance
with the terms of the Voluntary Agreement and this Plan. Except in the
case of actions taken to develop this Plan, this defense shall be
available only if and to the extent the Participant asserting the
defense demonstrates that the action was specified in, or was within
the scope of, this Plan and within the scope of the appropriate
Committee(s), including being taken at the direction and under the
active supervision of DOE.
This defense shall not apply to any action occurring after the
termination of this Plan. Immediately upon modification of this Plan,
no defense to antitrust claims under DPA section 708 shall be available
to any subsequent action that is beyond the scope of the modified Plan.
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.

[[Page 51477]]

Prior to participation in this Agreement or a POA, Participants
agree to consult with internal or external antitrust or compliance
counsel about the scope of the antitrust defense as outlined herein or
in any subsequent POA, as needed.

Information Sharing

Participants in this POA are bound by the requirements outlined in
the Voluntary Agreement under ``Information Management and
Responsibilities,'' which also addresses Competitively Sensitive
Information (CSI) and Oversight.
All CSI provided by a Participant as described in the Voluntary
Agreement is deemed CSI, except for information that:

is published or has been made publicly available at the time of
disclosure by the Participant;
was in the possession of, or was lawfully and readily available to, DOE
from another source at the time of disclosure without breaching any
obligation of confidentiality applicable to the other source; or
was independently developed or acquired without reference to or
reliance upon the Participant's CSI.

Where information deemed CSI is required to be disclosed by law,
regulation, or court order, the ``Competitively Sensitive'' (or
substantially similar) label will continue to attach to all information
and portion(s) of documents that are not made public through the
required disclosure.

Resources Required

Execution of this Plan of Action and its follow-on actions in
advance of the final Steering Committee meeting of 2026 may require the
following assets and legal mechanisms:
Direct Assets: In-kind labor, materials, and operational resources
from Consortium participants.

Signatures

U.S. Department of Energy (DOE)

Signature:-------------------------------------------------------------

Date:------------------------------------------------------------------

Theodore Garrish, Assistant Secretary for Nuclear Energy

Signature:-------------------------------------------------------------

Date:------------------------------------------------------------------

Josh Jarrell, Deputy Assistant Secretary for Nuclear Fuel Cycle

[FR Doc. 2026-16225 Filed 8-7-26; 8:45 am]
BILLING CODE 6450-01-P

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