Request for Information (RFI) Regarding Planning for Establishment of a Program To Support the Availability of High-Assay Low-Enriched Uranium (HALEU) for Civilian Domestic Research, Development, Demonstration, and Commercial Use, 71055-71058 [2021-26984]

Download as PDF Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices Comments regarding this proposed information collection must be received on or before February 14, 2022. If you anticipate any difficulty in submitting comments within that period, contact the person listed in the DATES: FOR FURTHER INFORMATION CONTACT section as soon as possible. Written comments may be sent by email to part810@nnsa.doe.gov. Include ‘‘Paperwork Reduction Act’’ in the subject line. Comments can also be sent by fax at (202) 586–6789 or by mail to Katie Strangis, Senior Policy Advisor, Office of Nonproliferation and Arms Control, NA–24, National Nuclear Security Administration, Department of Energy, 1000 Independence Avenue SW, Room 7F–075, Washington, DC 20585. Due to potential delays in DOE’s receipt and processing of mail sent through the U.S. Postal Service, DOE encourages responders to submit comments electronically to ensure timely receipt. FOR FURTHER INFORMATION CONTACT: Additional information on DOE’s regulation of assistance to foreign atomic energy activities pursuant to 10 CFR part 810 is available at www.energy.gov/nnsa/10-cfr-part-810. For other questions, contact Katie Strangis, Senior Policy Advisor, Office of Nonproliferation and Arms Control, NA–24, National Nuclear Security Administration, Department of Energy, 1000 Independence Avenue SW, Room 7F–075, Washington, DC 20585, telephone (202) 586–8623. SUPPLEMENTARY INFORMATION: Comments are invited on: (a) Whether the extended collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. This information collection request contains: (1) OMB No.: A1901–0263; (2) Information Collection Request Titled: Assistance to Foreign Atomic Energy Activities; (3) Type of Review: Extension; (4) Purpose: This collection of information is necessary in order to provide the Secretary of Energy with the jspears on DSK121TN23PROD with NOTICES1 ADDRESSES: VerDate Sep<11>2014 18:24 Dec 13, 2021 Jkt 256001 appropriate information needed to make informed determinations regarding requests to directly or indirectly engage or participate in the development or production of special nuclear material outside the United States; (5) Annual Estimated Number of Respondents: 106; (6) Annual Estimated Number of Total Responses: 869; (7) Annual Estimated Number of Burden Hours: 1,872; (8) Annual Estimated Reporting and Recordkeeping Cost Burden: $193,400. Statutory Authority: Section 57 b.(2) of the Atomic Energy Act (AEA) of 1954, Section 161p. of the AEA, 10 CFR part 810. Signing Authority This document of the Department of Energy was signed on December 9, 2021, by Corey Hinderstein, Deputy Administrator for Defense Nuclear Nonproliferation, National Nuclear Security Administration, pursuant to delegated authority from the Secretary of Energy. That 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 December 9, 2021. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2021–27005 Filed 12–13–21; 8:45 am] BILLING CODE 6450–01–P Request for Information (RFI) Regarding Planning for Establishment of a Program To Support the Availability of High-Assay LowEnriched Uranium (HALEU) for Civilian Domestic Research, Development, Demonstration, and Commercial Use Office of Nuclear Energy, Department of Energy. ACTION: Request for information. AGENCY: The U.S Department of Energy (DOE or the Department) is issuing this RFI to invite input on the planning for establishment of a DOE HALEU Availability Program and to PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 gather information to consider in preparing the required report to Congress describing actions proposed to be carried out by DOE under the program. The Energy Act of 2020 authorized the Department to establish and carry out, through the Office of Nuclear Energy, a program to support the availability of high-assay lowenriched uranium (HALEU) for civilian domestic research, development, demonstration, and commercial use. DATES: Written comments and information are requested on or before January 13, 2022. ADDRESSES: Interested persons may submit comments by any of the following methods: 1. Email: rfi-haleu@hq.doe.gov. Submit electronic comments in Microsoft Word or PDF file format and avoid the use of special characters or any form of encryption. Please include ‘‘Response to RFI’’ in the subject line. 2. Postal Mail: This option is not available. 3. Hand Delivery/Courier: This option is not available during the COVID–19 pandemic. 4. Online: Responses will be accepted online at www.regulations.gov. Instructions: All submissions received must include the agency name for this RFI. No facsimiles (faxes) will be accepted. Any information that may be business proprietary and exempt by law from public disclosure should be submitted as described in Section IV of this document. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be sent to: rfi-haleu@hq.doe.gov or Dr. Daniel Vega, daniel.vega@ nuclear.energy.gov, (202) 586–0235, or Michael Reim, michael.reim@ nuclear.energy.gov, (202) 586–0509. Please include ‘‘Question on HALEU RFI’’ in the subject line. SUPPLEMENTARY INFORMATION: I. Background DEPARTMENT OF ENERGY SUMMARY: 71055 The Department is working to enable the development and deployment of advanced nuclear reactors as part of meeting the Administration’s job creation, energy security and climate goals. DOE’s Advanced Reactor Demonstration Program was established to partner with domestic private industry to help accelerate the development and demonstration of advanced nuclear reactors in the United States. Most advanced reactors, including several designs selected for the Advanced Reactor Demonstration Program, are designed to be fueled by HALEU. The Secretary of Energy was authorized in Sec. 2001 of the Energy E:\FR\FM\14DEN1.SGM 14DEN1 jspears on DSK121TN23PROD with NOTICES1 71056 Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices Act of 2020 to establish and carry 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 Availability Program). A HALEU Availability Program, leading to the deployment and commercialization of clean energy technologies and infrastructure, could secure a critical domestic supply chain for meeting the Administration’s climate, economic, and energy security goals. This program would include substantive engagement by stakeholders, including State, local, and Tribal governments. The program would prioritize addressing long-standing and persistent energy justice issues and be responsive to President Biden’s Justice40 Initiative 1 by targeting 40 percent of the benefits of climate and clean infrastructure investments to disadvantaged communities, considering rural communities and communities impacted by the marketbased transition to clean energy, and include substantive stakeholder engagement. Currently, there is very limited domestic capacity to provide HALEU from either DOE or commercial sources. This lack of capacity is a significant obstacle to the development and deployment of advanced reactors for commercial applications. Specifically, DOE’s National Nuclear Security Administration (NNSA) provides highly enriched uranium (HEU), HALEU, and Low Enriched Uranium for its defense and nonproliferation missions. Most of NNSA’s HEU is reserved for the Naval Reactors program and for use in the nuclear weapons stockpile, and is therefore unavailable for down-blending to use in advanced reactors used for commercial applications. Other HEU in the inventory is allocated to supply research reactors and medical isotope production facilities worldwide, and to meet critical defense and space requirements. After accounting for these requirements on the inventory, the remaining amount of HEU to be downblended to HALEU for advanced commercial reactors is very limited. If these supplies were redirected to fuel advanced commercial reactors, they would not be sufficient to meet the projected near-term demands for advanced reactor demonstration and deployment. Furthermore, diverting these resources to support advanced reactor demonstration and deployment 1 https://www.whitehouse.gov/briefing-room/ presidential-actions/2021/01/27/executive-orderon-tackling-the-climate-crisis-at-home-and-abroad/. VerDate Sep<11>2014 18:24 Dec 13, 2021 Jkt 256001 would compromise vital nuclear security and nonproliferation missions. Likewise, on the commercial side, there is no domestic assured source of HALEU to be used to produce fuel for advanced reactors in sufficient quantities to meet anticipated demand. In turn, uncertainty regarding the commercial deployment of advanced reactors and future demand for HALEU undermines private investment to develop an assured HALEU supply capability and related infrastructure. The HALEU Availability Program envisioned in the Energy Act of 2020 is intended to address this problem by temporarily securing a supply of HALEU to support research, development, demonstration, and equitable deployment of advanced reactors for commercial applications. This action, in turn, could spur demand for additional HALEU production and private investment in nuclear fuel supply infrastructure and ultimately remove the government from any role as a supplier of HALEU for industry. The development of a viable domestic commercial supply of HALEU for advanced commercial power reactors could also supply the needs of medical isotope producers and civilian research reactors. The program outlined in Sec. 2001 of the Energy Act of 2020 would sunset on September 30th, 2034, or 90 days after adequate supply is established. II. Specific Questions on Which Information Is Requested Public input is requested on information the Department should consider as it plans a program to support HALEU availability for civilian domestic research, development, demonstration, and commercial use. The information gathered in response to this RFI will be considered by DOE in planning for the HALEU Availability Program and other relevant planning and reporting purposes as needed. In providing information in response to this RFI, please include the data, analysis, and/or other justification for the responses, where applicable. Please note that any information that may be business proprietary and exempt by law from public disclosure should be submitted as described in Section IV of this document. To facilitate public input, this RFI includes a set of specific questions on which the Department would appreciate input. These questions are listed below. Establishment of a HALEU Consortium & Market Development (1) Sec. 2001 of the Energy Act of 2020 directs the establishment and PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 periodic updating of a HALEU Consortium to partner with DOE to support the availability of HALEU for civilian domestic demonstration and commercial use. Among other things, the Act envisions that the HALEU Consortium could: provide information to DOE for purposes of biennial surveys on the quantity of HALEU needed for commercial use for each of the subsequent five years; purchase HALEU made available by the Secretary for commercial use by members of the consortium; and carry out demonstration projects using HALEU provided by the Secretary under the program. What types of organizations or other entities should be included in the HALEU Consortium? If your organization or entity might be interested in becoming a member of a HALEU Consortium, please describe the contribution your organization or entity could provide to the consortium. The description should include examples of the type of activity or activities for which your organization or entity is interested in partnering with the Department. Please also provide a point of contact for your organization or entity, including name, affiliation, email, and phone number. (2) Please identify any issues, including energy justice concerns, that may affect the implementation of the HALEU Availability Program under Sec. 2001 of the Energy Act of 2020, in an equitable manner that would further the development and deployment of advanced reactors and the establishment of a domestic commercial source of HALEU. (3) What are the most significant barriers to the establishment of a reliable market-driven, commercial supply of HALEU for advanced reactor research, demonstration, and commercial deployment? Please describe these barriers in detail, identify potential actions to address these barriers, and include the timeframes in which the issues should be addressed. (4) If the Department were to address the objectives of Sec. 2001 of the Energy Act of 2020 related to the creation of a fuel bank to supply HALEU for civilian domestic research, development, demonstration, and commercial use: • What is the quantity (in metric tons/assay) of HALEU necessary for domestic commercial use for each of the next five years (2022–2026)? • If a ‘‘stockpile’’ of HALEU were established to build confidence in the supply of HALEU supporting early orders for the deployment of advanced reactors in the commercial market, how E:\FR\FM\14DEN1.SGM 14DEN1 Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices jspears on DSK121TN23PROD with NOTICES1 large (in metric tons/assay) a stockpile would be needed? • What siting and energy justice issues should the Department take into account as it considers the development of a program and how might the Department address those issues? (5) Please identify any additional specific actions that would provide confidence in the short-term supply of HALEU and thereby to ensure the development of a commercial market for advanced reactor orders. • What actions might be most useful for the U.S. Government to carry out? • What actions might be most appropriate for the private sector to carry out? (6) What level of market demand for HALEU over what timeframe is needed to stimulate investment in the infrastructure required to support a HALEU supply chain? (7) On what basis should HALEU be priced or valued? Please consider the options for the pricing of HALEU based on enrichment, weight, and/or separative work units and provide the pros and cons for each option or combination of options. Please discuss how pricing options would provide DOE with reasonable compensation and commercial entities with sufficient incentive to deploy domestic capacity to supply HALEU. What is your long-term estimated ‘‘price point’’ for the range of assays/enrichment (2030 and beyond)? Please consider and note the form of HALEU (e.g., metal, oxide, UF6, etc.) in your response. HALEU Supply Chain Development (8) Advanced reactors under development (including awardees under the Advanced Reactor Demonstration Program) would utilize HALEU in various chemical and physical fuel forms, including oxides, metals, and potentially salts. Additionally, centrifuge enrichment requires uranium in hexafluoride form. What additional fuel cycle infrastructure, or additions or modifications to existing infrastructure, would enable the deployment of commercial HALEU production and assure the availability of different forms of HALEU in sufficient quantities for use in advanced reactors? (9) How do you envision a HALEU supply chain as being responsive to the President’s Justice40 Initiative—a plan to deliver 40 percent of the overall benefits of climate investments to disadvantaged communities and inform equitable research, development, and deployment within DOE? Please provide specific actions and the type of benefits (e.g., employment, educational opportunities, etc.) that could be most VerDate Sep<11>2014 18:24 Dec 13, 2021 Jkt 256001 useful to the targeted communities in response to the Justice40 Initiative. (10) What are some approaches or contracting vehicles that could be used by the Department to help enable the necessary commercial deployment of a domestic HALEU supply chain, including but not limited to mining, conversion, enrichment, deconversion, transportation, and fuel fabrication? For each, please discuss potential federal versus private sector actions; in addition, discuss leveraging robust partnerships for co-development of subelements of the supply chain. Possible approaches that might be considered include: • Production contracts (of what volume and length); • Take-or-pay contracts (U.S. Government agrees to take specified volume of goods and/or services for a specified time period); • Partnerships and/or cost-sharing of infrastructure development, including with allies and partners; and • Payment-for-production milestones. (11) What specific technological, regulatory, and/or legal gaps or challenges currently exist for transporting HALEU in various chemical forms (e.g., oxide, hexafluoride, metal) throughout the HALEU fuel supply chain? How do these challenges change depending upon the enrichment level? What actions could be taken, when, and by whom, to address the identified gaps or challenges? (12) Questions specific for transportation packaging companies: (i) What actions, either federal or nonfederal, might help incentivize the development and delivery of a new or modified 30-inch cylinder? Please discuss incentive amounts and incentive areas (design, licensing, certification, overpack re-certification, etc.) as appropriate that would be most helpful to accelerate the delivery date. (ii) If your company were to receive an order for a 30-inch transportation package that is certified by NRC to contain enriched uranium hexafluoride up to 19.75 wt. percent Uranium-235, what do you expect would be the earliest delivery date possible? What do you anticipate would be its maximum loading? (13) Co-location of facilities for the front end of the fuel cycle (such as enrichment, and conversion/ deconversion, and fabrication) may be a practicable solution to address some HALEU transportation issues. Is colocation considered otherwise beneficial? Are there other solutions that should be considered? PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 71057 (14) What factors affect the ability of U.S. uranium producers to provide uranium for advanced reactor fuel? Please indicate the importance of such factors and how they may be addressed. Regulatory Issues (15) What are the technical barriers and/or regulatory requirements (e.g., safety, security, material control and accountability) to licensing front-end fuel cycle facilities (e.g., enrichment, deconversion, and/or fuel fabrication facilities) for the production and availability of HALEU? • For existing facilities to upgrade to a HALEU capability? • For new facilities? (16) What, if any, additional criticality and/or benchmark data is needed to meet U.S. Nuclear Regulatory Commission (NRC) safety and regulatory requirements that must be met in order to establish a supply chain capable of making HALEU available for the development and deployment of advanced reactors? Please consider and address both front-end fuel cycle facilities and transportation packages (including for metal, gas, and pertinent chemical forms). (17) What, if any, additional challenges or considerations may be associated with a HALEU lifecycle (including disposition), beyond those of a traditional light water reactor fuel cycle, and how can they be can be identified early and addressed? (18) What other legal, funding, and other issues should be addressed to best enable the development of a HALEU availability program and promote private sector deployment of domestic HALEU production capacity? Financial Barriers (19) Please describe the financial challenges associated with developing a sustainable commercial fuel supply chain for HALEU. Specifically, what are the challenges related to the acquisition of funds for investment in HALEU production infrastructure? How might these challenges be mitigated? Human Resources (20) What are the human resourcerelated considerations related to the buildout of commercial HALEU production? • Are there specific recruitment and/ or training challenges that must be overcome? • What types of skillsets are needed to develop and deploy the domestic commercial production of HALEU? Would this increase the number of union jobs? E:\FR\FM\14DEN1.SGM 14DEN1 71058 Federal Register / Vol. 86, No. 237 / Tuesday, December 14, 2021 / Notices • Please describe the nature of any anticipated shortage in subject matter expertise and its potential impact. Other (21) Are there additional considerations or recommendations, including the timing of various actions, that should be considered with respect to key challenges to HALEU availability for civilian domestic research, development, demonstration, and commercial use in the United States? jspears on DSK121TN23PROD with NOTICES1 III. Submission of Comments DOE invites all interested parties to submit, in writing by January 13, 2022, comments and information on matters addressed in this RFI. Any information that may be business proprietary and exempt by law from public disclosure should be submitted as described in Section IV of this document. IV. Business Proprietary Information Pursuant to 10 CFR 1004.11, any person submitting information they believe to be business proprietary and exempt by law from public disclosure should submit via email two wellmarked copies: One copy of the document marked ‘‘Business Proprietary’’ including all the information believed to be proprietary, and one copy of the document marked ‘‘Non-Proprietary’’ deleting all of the information believed to be business proprietary. DOE will make its own determination about the business proprietary status of the information and treat it according to its determination. Factors of interest to DOE when evaluating requests to treat submitted information as business proprietary include: (1) A description of the items; (2) whether and why such items are customarily treated as business proprietary within the industry; (3) whether the information is generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its business proprietary nature; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) when such information might lose its business proprietary character due to the passage of time; and (7) why disclosure of the information would be contrary to the public interest. Signing Authority This document of the Department of Energy was signed on December 8, 2021, by Andrew Griffith, Deputy Assistant Secretary for Nuclear Fuel Cycle and Supply Chain, Office of Nuclear Energy, VerDate Sep<11>2014 18:24 Dec 13, 2021 Jkt 256001 pursuant to delegated authority from the Secretary of Energy. That 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 December 9, 2021. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2021–26984 Filed 12–13–21; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9336–01–OW] Notice of Request for Nominations of Candidates to the Environmental Financial Advisory Board Environmental Protection Agency (EPA). ACTION: Notice of request for nominations. AGENCY: The U.S. Environmental Protection Agency (EPA) invites nominations of qualified candidates to be considered for appointment to the Environmental Financial Advisory Board (the Board or EFAB). The Board provides advice to EPA on ways to lower the costs of, and increase investments in, environmental and public health protection. The Bipartisan Infrastructure Law (signed November 2021) provides funding to EPA that includes more than $50 billion for clean water projects, more than $5 billion for Superfund and brownfields cleanup work, $5 billion for decarbonizing our nation’s school buses, and $100 million for pollution prevention. Board members will provide recommendations on ways EPA can implement these funds to advance environmental justice, tackle the climate crisis, and protect public health. Appointments will be made by the Administrator and will be announced in June 2022. DATES: Nominations should be submitted in time to arrive no later than January 18, 2022. ADDRESSES: Nominations should be sent via email to efab@epa.gov. SUMMARY: PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 Any member of the public who wants further information concerning the nomination process may contact Sandra Williams at 202–564–4999 or efab@epa.gov. General information concerning the EFAB can be found on EPA’s website at https:// www.epa.gov/waterfinancecenter/efab. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background: The EFAB is an EPA advisory committee chartered under the Federal Advisory Committee Act (FACA), 5 U.S.C., app. 2, to provide advice and recommendations to EPA on innovative approaches to financing environmental programs, projects, and activities. Administrative support for the EFAB is provided by the Water Infrastructure and Resiliency Finance Center within EPA’s Office of Water. The Board was established in 1989 to provide advice and recommendations to EPA on the following issues: Reducing the cost of financing environmental facilities and discouraging polluting behavior; creating incentives to increase private investment in the provision of environmental services and removing or reducing constraints on private involvement imposed by current regulations; developing new and innovative environmental financing approaches and supporting and encouraging the use of cost-effective existing approaches; identifying approaches specifically targeted to small/disadvantaged community financing; increasing the capacity of state and local governments to carry out their respective environmental programs under current Federal tax laws; analyzing how new technologies can be brought to market expeditiously; and, increasing the total investment in environmental protection of public and private environmental resources to help ease the environmental financing challenge facing our nation. The Board meets either in-person or virtually two times each calendar year (two days per meeting) at different locations within the continental United States. In addition to the bi-annual meetings, additional virtual meetings may be held during the year to ensure timely completion of the Board’s work. Board members typically contribute approximately 3 to 8 hours per month to the activities of the Board. This includes participation on one or more of the Board’s active workgroups. Members serve on the Board without compensation; however, Board members may receive travel and per diem allowances where appropriate and in accordance with Federal travel regulations. E:\FR\FM\14DEN1.SGM 14DEN1

Agencies

[Federal Register Volume 86, Number 237 (Tuesday, December 14, 2021)]
[Notices]
[Pages 71055-71058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26984]


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DEPARTMENT OF ENERGY


Request for Information (RFI) Regarding Planning for 
Establishment of a Program To Support the Availability of High-Assay 
Low-Enriched Uranium (HALEU) for Civilian Domestic Research, 
Development, Demonstration, and Commercial Use

AGENCY: Office of Nuclear Energy, Department of Energy.

ACTION: Request for information.

-----------------------------------------------------------------------

SUMMARY: The U.S Department of Energy (DOE or the Department) is 
issuing this RFI to invite input on the planning for establishment of a 
DOE HALEU Availability Program and to gather information to consider in 
preparing the required report to Congress describing actions proposed 
to be carried out by DOE under the program. The Energy Act of 2020 
authorized the Department to establish and carry out, through the 
Office of Nuclear Energy, a program to support the availability of 
high-assay low-enriched uranium (HALEU) for civilian domestic research, 
development, demonstration, and commercial use.

DATES: Written comments and information are requested on or before 
January 13, 2022.

ADDRESSES: Interested persons may submit comments by any of the 
following methods:
    1. Email: [email protected]. Submit electronic comments in 
Microsoft Word or PDF file format and avoid the use of special 
characters or any form of encryption. Please include ``Response to 
RFI'' in the subject line.
    2. Postal Mail: This option is not available.
    3. Hand Delivery/Courier: This option is not available during the 
COVID-19 pandemic.
    4. Online: Responses will be accepted online at 
www.regulations.gov.
    Instructions: All submissions received must include the agency name 
for this RFI. No facsimiles (faxes) will be accepted. Any information 
that may be business proprietary and exempt by law from public 
disclosure should be submitted as described in Section IV of this 
document.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be sent to: [email protected] or Dr. Daniel Vega, 
[email protected], (202) 586-0235, or Michael Reim, 
[email protected], (202) 586-0509.
    Please include ``Question on HALEU RFI'' in the subject line.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department is working to enable the development and deployment 
of advanced nuclear reactors as part of meeting the Administration's 
job creation, energy security and climate goals. DOE's Advanced Reactor 
Demonstration Program was established to partner with domestic private 
industry to help accelerate the development and demonstration of 
advanced nuclear reactors in the United States. Most advanced reactors, 
including several designs selected for the Advanced Reactor 
Demonstration Program, are designed to be fueled by HALEU. The 
Secretary of Energy was authorized in Sec. 2001 of the Energy

[[Page 71056]]

Act of 2020 to establish and carry 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 Availability Program). A HALEU Availability Program, leading to 
the deployment and commercialization of clean energy technologies and 
infrastructure, could secure a critical domestic supply chain for 
meeting the Administration's climate, economic, and energy security 
goals. This program would include substantive engagement by 
stakeholders, including State, local, and Tribal governments. The 
program would prioritize addressing long-standing and persistent energy 
justice issues and be responsive to President Biden's Justice40 
Initiative \1\ by targeting 40 percent of the benefits of climate and 
clean infrastructure investments to disadvantaged communities, 
considering rural communities and communities impacted by the market-
based transition to clean energy, and include substantive stakeholder 
engagement.
---------------------------------------------------------------------------

    \1\ https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/27/executive-order-on-tackling-the-climate-crisis-at-home-and-abroad/.
---------------------------------------------------------------------------

    Currently, there is very limited domestic capacity to provide HALEU 
from either DOE or commercial sources. This lack of capacity is a 
significant obstacle to the development and deployment of advanced 
reactors for commercial applications.
    Specifically, DOE's National Nuclear Security Administration (NNSA) 
provides highly enriched uranium (HEU), HALEU, and Low Enriched Uranium 
for its defense and nonproliferation missions. Most of NNSA's HEU is 
reserved for the Naval Reactors program and for use in the nuclear 
weapons stockpile, and is therefore unavailable for down-blending to 
use in advanced reactors used for commercial applications. Other HEU in 
the inventory is allocated to supply research reactors and medical 
isotope production facilities worldwide, and to meet critical defense 
and space requirements. After accounting for these requirements on the 
inventory, the remaining amount of HEU to be down-blended to HALEU for 
advanced commercial reactors is very limited. If these supplies were 
redirected to fuel advanced commercial reactors, they would not be 
sufficient to meet the projected near-term demands for advanced reactor 
demonstration and deployment. Furthermore, diverting these resources to 
support advanced reactor demonstration and deployment would compromise 
vital nuclear security and nonproliferation missions.
    Likewise, on the commercial side, there is no domestic assured 
source of HALEU to be used to produce fuel for advanced reactors in 
sufficient quantities to meet anticipated demand. In turn, uncertainty 
regarding the commercial deployment of advanced reactors and future 
demand for HALEU undermines private investment to develop an assured 
HALEU supply capability and related infrastructure.
    The HALEU Availability Program envisioned in the Energy Act of 2020 
is intended to address this problem by temporarily securing a supply of 
HALEU to support research, development, demonstration, and equitable 
deployment of advanced reactors for commercial applications. This 
action, in turn, could spur demand for additional HALEU production and 
private investment in nuclear fuel supply infrastructure and ultimately 
remove the government from any role as a supplier of HALEU for 
industry. The development of a viable domestic commercial supply of 
HALEU for advanced commercial power reactors could also supply the 
needs of medical isotope producers and civilian research reactors. The 
program outlined in Sec. 2001 of the Energy Act of 2020 would sunset on 
September 30th, 2034, or 90 days after adequate supply is established.

II. Specific Questions on Which Information Is Requested

    Public input is requested on information the Department should 
consider as it plans a program to support HALEU availability for 
civilian domestic research, development, demonstration, and commercial 
use. The information gathered in response to this RFI will be 
considered by DOE in planning for the HALEU Availability Program and 
other relevant planning and reporting purposes as needed. In providing 
information in response to this RFI, please include the data, analysis, 
and/or other justification for the responses, where applicable. Please 
note that any information that may be business proprietary and exempt 
by law from public disclosure should be submitted as described in 
Section IV of this document.
    To facilitate public input, this RFI includes a set of specific 
questions on which the Department would appreciate input. These 
questions are listed below.

Establishment of a HALEU Consortium & Market Development

    (1) Sec. 2001 of the Energy Act of 2020 directs the establishment 
and periodic updating of a HALEU Consortium to partner with DOE to 
support the availability of HALEU for civilian domestic demonstration 
and commercial use. Among other things, the Act envisions that the 
HALEU Consortium could: provide information to DOE for purposes of 
biennial surveys on the quantity of HALEU needed for commercial use for 
each of the subsequent five years; purchase HALEU made available by the 
Secretary for commercial use by members of the consortium; and carry 
out demonstration projects using HALEU provided by the Secretary under 
the program.
    What types of organizations or other entities should be included in 
the HALEU Consortium? If your organization or entity might be 
interested in becoming a member of a HALEU Consortium, please describe 
the contribution your organization or entity could provide to the 
consortium. The description should include examples of the type of 
activity or activities for which your organization or entity is 
interested in partnering with the Department. Please also provide a 
point of contact for your organization or entity, including name, 
affiliation, email, and phone number.
    (2) Please identify any issues, including energy justice concerns, 
that may affect the implementation of the HALEU Availability Program 
under Sec. 2001 of the Energy Act of 2020, in an equitable manner that 
would further the development and deployment of advanced reactors and 
the establishment of a domestic commercial source of HALEU.
    (3) What are the most significant barriers to the establishment of 
a reliable market-driven, commercial supply of HALEU for advanced 
reactor research, demonstration, and commercial deployment? Please 
describe these barriers in detail, identify potential actions to 
address these barriers, and include the timeframes in which the issues 
should be addressed.
    (4) If the Department were to address the objectives of Sec. 2001 
of the Energy Act of 2020 related to the creation of a fuel bank to 
supply HALEU for civilian domestic research, development, 
demonstration, and commercial use:
     What is the quantity (in metric tons/assay) of HALEU 
necessary for domestic commercial use for each of the next five years 
(2022-2026)?
     If a ``stockpile'' of HALEU were established to build 
confidence in the supply of HALEU supporting early orders for the 
deployment of advanced reactors in the commercial market, how

[[Page 71057]]

large (in metric tons/assay) a stockpile would be needed?
     What siting and energy justice issues should the 
Department take into account as it considers the development of a 
program and how might the Department address those issues?
    (5) Please identify any additional specific actions that would 
provide confidence in the short-term supply of HALEU and thereby to 
ensure the development of a commercial market for advanced reactor 
orders.
     What actions might be most useful for the U.S. Government 
to carry out?
     What actions might be most appropriate for the private 
sector to carry out?
    (6) What level of market demand for HALEU over what timeframe is 
needed to stimulate investment in the infrastructure required to 
support a HALEU supply chain?
    (7) On what basis should HALEU be priced or valued? Please consider 
the options for the pricing of HALEU based on enrichment, weight, and/
or separative work units and provide the pros and cons for each option 
or combination of options. Please discuss how pricing options would 
provide DOE with reasonable compensation and commercial entities with 
sufficient incentive to deploy domestic capacity to supply HALEU. What 
is your long-term estimated ``price point'' for the range of assays/
enrichment (2030 and beyond)? Please consider and note the form of 
HALEU (e.g., metal, oxide, UF6, etc.) in your response.

HALEU Supply Chain Development

    (8) Advanced reactors under development (including awardees under 
the Advanced Reactor Demonstration Program) would utilize HALEU in 
various chemical and physical fuel forms, including oxides, metals, and 
potentially salts. Additionally, centrifuge enrichment requires uranium 
in hexafluoride form. What additional fuel cycle infrastructure, or 
additions or modifications to existing infrastructure, would enable the 
deployment of commercial HALEU production and assure the availability 
of different forms of HALEU in sufficient quantities for use in 
advanced reactors?
    (9) How do you envision a HALEU supply chain as being responsive to 
the President's Justice40 Initiative--a plan to deliver 40 percent of 
the overall benefits of climate investments to disadvantaged 
communities and inform equitable research, development, and deployment 
within DOE? Please provide specific actions and the type of benefits 
(e.g., employment, educational opportunities, etc.) that could be most 
useful to the targeted communities in response to the Justice40 
Initiative.
    (10) What are some approaches or contracting vehicles that could be 
used by the Department to help enable the necessary commercial 
deployment of a domestic HALEU supply chain, including but not limited 
to mining, conversion, enrichment, deconversion, transportation, and 
fuel fabrication? For each, please discuss potential federal versus 
private sector actions; in addition, discuss leveraging robust 
partnerships for co-development of sub-elements of the supply chain.
    Possible approaches that might be considered include:
     Production contracts (of what volume and length);
     Take-or-pay contracts (U.S. Government agrees to take 
specified volume of goods and/or services for a specified time period);
     Partnerships and/or cost-sharing of infrastructure 
development, including with allies and partners; and
     Payment-for-production milestones.
    (11) What specific technological, regulatory, and/or legal gaps or 
challenges currently exist for transporting HALEU in various chemical 
forms (e.g., oxide, hexafluoride, metal) throughout the HALEU fuel 
supply chain? How do these challenges change depending upon the 
enrichment level? What actions could be taken, when, and by whom, to 
address the identified gaps or challenges?
    (12) Questions specific for transportation packaging companies:
    (i) What actions, either federal or non-federal, might help 
incentivize the development and delivery of a new or modified 30-inch 
cylinder? Please discuss incentive amounts and incentive areas (design, 
licensing, certification, overpack re-certification, etc.) as 
appropriate that would be most helpful to accelerate the delivery date.
    (ii) If your company were to receive an order for a 30-inch 
transportation package that is certified by NRC to contain enriched 
uranium hexafluoride up to 19.75 wt. percent Uranium-235, what do you 
expect would be the earliest delivery date possible? What do you 
anticipate would be its maximum loading?
    (13) Co-location of facilities for the front end of the fuel cycle 
(such as enrichment, and conversion/deconversion, and fabrication) may 
be a practicable solution to address some HALEU transportation issues. 
Is co-location considered otherwise beneficial? Are there other 
solutions that should be considered?
    (14) What factors affect the ability of U.S. uranium producers to 
provide uranium for advanced reactor fuel? Please indicate the 
importance of such factors and how they may be addressed.

Regulatory Issues

    (15) What are the technical barriers and/or regulatory requirements 
(e.g., safety, security, material control and accountability) to 
licensing front-end fuel cycle facilities (e.g., enrichment, 
deconversion, and/or fuel fabrication facilities) for the production 
and availability of HALEU?
     For existing facilities to upgrade to a HALEU capability?
     For new facilities?
    (16) What, if any, additional criticality and/or benchmark data is 
needed to meet U.S. Nuclear Regulatory Commission (NRC) safety and 
regulatory requirements that must be met in order to establish a supply 
chain capable of making HALEU available for the development and 
deployment of advanced reactors? Please consider and address both 
front-end fuel cycle facilities and transportation packages (including 
for metal, gas, and pertinent chemical forms).
    (17) What, if any, additional challenges or considerations may be 
associated with a HALEU lifecycle (including disposition), beyond those 
of a traditional light water reactor fuel cycle, and how can they be 
can be identified early and addressed?
    (18) What other legal, funding, and other issues should be 
addressed to best enable the development of a HALEU availability 
program and promote private sector deployment of domestic HALEU 
production capacity?

Financial Barriers

    (19) Please describe the financial challenges associated with 
developing a sustainable commercial fuel supply chain for HALEU. 
Specifically, what are the challenges related to the acquisition of 
funds for investment in HALEU production infrastructure? How might 
these challenges be mitigated?

Human Resources

    (20) What are the human resource-related considerations related to 
the buildout of commercial HALEU production?
     Are there specific recruitment and/or training challenges 
that must be overcome?
     What types of skillsets are needed to develop and deploy 
the domestic commercial production of HALEU? Would this increase the 
number of union jobs?

[[Page 71058]]

     Please describe the nature of any anticipated shortage in 
subject matter expertise and its potential impact.

Other

    (21) Are there additional considerations or recommendations, 
including the timing of various actions, that should be considered with 
respect to key challenges to HALEU availability for civilian domestic 
research, development, demonstration, and commercial use in the United 
States?

III. Submission of Comments

    DOE invites all interested parties to submit, in writing by January 
13, 2022, comments and information on matters addressed in this RFI. 
Any information that may be business proprietary and exempt by law from 
public disclosure should be submitted as described in Section IV of 
this document.

IV. Business Proprietary Information

    Pursuant to 10 CFR 1004.11, any person submitting information they 
believe to be business proprietary and exempt by law from public 
disclosure should submit via email two well-marked copies: One copy of 
the document marked ``Business Proprietary'' including all the 
information believed to be proprietary, and one copy of the document 
marked ``Non-Proprietary'' deleting all of the information believed to 
be business proprietary. DOE will make its own determination about the 
business proprietary status of the information and treat it according 
to its determination. Factors of interest to DOE when evaluating 
requests to treat submitted information as business proprietary 
include: (1) A description of the items; (2) whether and why such items 
are customarily treated as business proprietary within the industry; 
(3) whether the information is generally known by or available from 
other sources; (4) whether the information has previously been made 
available to others without obligation concerning its business 
proprietary nature; (5) an explanation of the competitive injury to the 
submitting person which would result from public disclosure; (6) when 
such information might lose its business proprietary character due to 
the passage of time; and (7) why disclosure of the information would be 
contrary to the public interest.
Signing Authority
    This document of the Department of Energy was signed on December 8, 
2021, by Andrew Griffith, Deputy Assistant Secretary for Nuclear Fuel 
Cycle and Supply Chain, Office of Nuclear Energy, pursuant to delegated 
authority from the Secretary of Energy. That 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 December 9, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-26984 Filed 12-13-21; 8:45 am]
BILLING CODE 6450-01-P


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