Notice2026-16226
Plan of Action Under the Defense Production Act (Material Sufficiency Committee)
Primary source
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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 Material Sufficiency 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 51477-51480]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16226]
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DEPARTMENT OF ENERGY
[DOE-HQ-2026-1024]
Plan of Action Under the Defense Production Act (Material
Sufficiency 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 Material Sufficiency 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, U.S. Department of
Energy, 1000 Independence Avenue SW, Washington, DC 20585. Telephone:
(301) 903-9096. Email: <a href="/cdn-cgi/l/email-protection#a3e7f3e2c0cccdd0ccd1d7cad6cee3cdd6c0cfc6c2d18dc6cdc6d1c4da8dc4ccd5"><span class="__cf_email__" data-cfemail="db9f8b9ab8b4b5a8b4a9afb2aeb69bb5aeb8b7bebaa9f5beb5bea9bca2f5bcb4ad">[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 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 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). The three plans of action were finalized
in advance of the second public meeting of the Consortium that was held
on April 23, 2026, where 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
Material Sufficiency 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 Material Sufficiency Committee.
[[Page 51478]]
DOE Nuclear Fuel Cycle DPA Consortium Plan of Action Material
Sufficiency 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, ``Operation Nuclear Warp Speed,'' the Material Sufficiency
Committee and its subcommittees are focused on how to produce enough
nuclear material domestically to sustain existing and projected
domestic reactor fleet operations independent of geopolitical supply
disruption.
Scope of Activities
The Mining & Milling Subcommittee activities will focus on how to
accelerate and expand the production of U.S.-origin, unobligated
natural uranium concentrate (U3O8) to fulfill critical national
security requirements and to support affordable civil nuclear fuel
supply.
The Conversion Subcommittee activities will focus on how to
comprehensively evaluate and strengthen the United States' domestic
uranium conversion capacity, securing the foundational material
required for a robust, resilient, and domestically-controlled nuclear
fuel supply chain, thereby underpinning national security, meeting the
growing need for energy independence, ensuring access to
uninterruptible power supplies, addressing the global race to dominate
in artificial intelligence, and sustaining U.S. leadership in related
technologies.
The Enrichment Subcommittee activities will focus on how to
strategically assess and revitalize the United States' domestic uranium
enrichment capabilities, ensuring the secure and reliable production of
low-enriched uranium (LEU--< 10.0 w/o) and high-assay, low-enriched
uranium (HALEU--10.0 to 19.75 w/o) necessary for addressing the global
race to dominate in artificial intelligence, meeting the growing need
for energy independence, providing access to uninterruptible power
supplies for national security, supporting the advanced reactor fleet,
and sustaining U.S. leadership in related technologies.
Participation Criteria
The Material Sufficiency 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 Material Sufficiency 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 Material Sufficiency 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 company in the Material Sufficiency Committee will submit a
short ``capability statement'' that maps their contribution to the
Material Sufficiency Committee's goals.
The Material Sufficiency 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.
The Material Sufficiency Committee intends to regularly engage the
Consortium Advisory Forum members in this POA as follows:
The Nuclear Energy Institute (NEI)
A representative of the Department of Justice (DOJ) or FTC must be
in attendance at each Material Sufficiency Committee meeting to provide
oversight and guidance.
Committee working groups are at the discretion of the Material
Sufficiency 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 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.
Permitting & Regulatory Acceleration (Defense Priority Permitting Lane)
Members will contribute to this 60-day deliverable and subsequent
follow-on actions identified in advance of the final Steering Committee
meeting of 2026 as follows:
Contributors
The following companies have indicated a commitment to participate
in the preparation of the 60-day deliverable: enCore Energy, Energy
Fuels, DISA, IsoEnergy, and Laramide Resources/NuFuels. Other
participants are to be determined.
The following companies have indicated they can commit to providing
uranium data towards the advancement of the Defense Priority Permitting
Lane (DPPL) for designated national security uranium projects, as well
as participate in other DPA-prioritized programs aimed at stocking the
Strategic Uranium Reserve: Anfield Energy, Cameco
[[Page 51479]]
Resources, DISA, enCore Energy, Energy Fuels, General Atomics,
IsoEnergy, Laramide Resources/NuFuels, Strata Energy, Uranium Energy
Corporation, and Ur-Energy.
Conversion & Enrichment Gap Assessment
* Providing relevant information for the gap assessment as
requested.
Members will contribute to this 60-day deliverable and subsequent
follow-on actions identified in advance of the final Steering Committee
meeting of 2026 as follows:
Demand-Side
Develop survey questions (Identify feed Uranium Hexafloride (UF6)
and Separative Work Units (SWU) required, as well as uncovered
requirements by year, for every existing and proposed reactor): [
Identify companies that mandatory response to survey is needed:
Determine demand for reactors to get to Moonshot of 400GW by 2050
that are beyond any company's business plan:
Supply-Side
Develop survey questions (Identify UF6 conversion and enrichment
services in production, as well as proposed expansion and amount of
contractual commitment, by year):
Identify companies that mandatory response to survey is needed:
[List of companies TBC]
Aggregate Data (both supply and demand) to determine gap and
determine how much more UF6 Conversion and Enrichment services are
needed by year, through 2050: [List of companies TBC]
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.
Permitting & Regulatory Acceleration (Defense Priority Permitting Lane)
Within 60 days, the Committee will submit a report to DOE that
examines the removal of unnecessary and duplicative regulatory
roadblocks to expanding U.S. uranium production by establishing a
defense-priority permitting lane for designated national security
uranium projects. These projects could include projects to deliver
needed levels of domestically mined, milled, converted, unobligated
U3O8 or UF6 before 2033, or other fuel cycle projects that are being
slowed by regulatory roadblocks.
The Committee will also explore how to streamline permitting and
licensing processes through general permits, permit-by-rule, and
elimination of non-statutory administrative delays.
Conversion & Enrichment Gap Assessment
Within 60 days, the Committee will develop a report in
collaboration with NEI and their associated independent third party
that thoroughly identifies and, where possible, quantifies all
significant medium-to-long term gaps in domestic uranium conversion and
enrichment capacity for both LEU and HALEU and commercial and
government customers.
This assessment will provide linkages directly to national demand
projections (defense, advanced reactors, and existing civilian
reactors) and points out strategic solutions, such as reserves, for
bridging the gaps while identifying any foreign supplies.
Follow-on gap assessment using the EIA to collect additional fuel
cycle gap information may be considered after evaluation of the NEI-
collected information.
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.
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
[[Page 51480]]
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. 2026-16226 Filed 8-7-26; 8:45 am]
BILLING CODE 6450-01-P
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