[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Notices]
[Pages 46917-46918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17024]


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DEPARTMENT OF ENERGY


Excess Uranium Management: Effects of DOE Transfers of Excess 
Uranium on Domestic Uranium Mining, Conversion, and Enrichment 
Industries; Request for Information

AGENCY: Office of Nuclear Energy, Department of Energy.

ACTION: Request for information (RFI).

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SUMMARY: The U.S. Department of Energy (DOE) is preparing for a 
potential new Secretarial Determination covering transfers of uranium 
for cleanup services at the Portsmouth Gaseous Diffusion Plant and for 
down-blending of highly-enriched uranium to low-enriched uranium (LEU). 
This RFI solicits information from the public about the uranium markets 
and domestic uranium industries, and the potential effects of DOE 
transfers in the uranium markets and possible consequences for the 
domestic uranium mining, conversion and enrichment industries. DOE will 
consider this information as part of its analysis to determine whether 
its transfers would have an adverse material impact on the domestic 
uranium mining, conversion, or enrichment industry.

DATES: DOE will accept comments, data, and information responding to 
this RFI submitted on or before August 18, 2016.

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.
    2. Postal Mail: Ms. Cheryl Moss Herman, U.S. Department of Energy, 
Office of Nuclear Energy, Mailstop B-409, 19901 Germantown Rd., 
Germantown, MD 20874-1290. If possible, please submit all items on a 
compact disk (CD), in which case it is not necessary to include printed 
copies.
    3. Hand Delivery/Courier: Ms. Cheryl Moss Herman, U.S. Department 
of Energy, Office of Nuclear Energy, Mailstop B-409, 19901 Germantown 
Rd., Germantown, MD 20874-1290. Phone: (301) 903-1788. If possible, 
please submit all items on a CD, in which case it is not necessary to 
include printed copies.
    Instructions: All submissions received must include the agency name 
for this request for information. No facsimiles (faxes) will be 
accepted.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
may be sent to: Ms. Cheryl Moss Herman, U.S. Department of Energy, 
Office of Nuclear Energy, Mailstop B-409, 19901 Germantown Rd., 
Germantown, MD 20874-1290. Phone: (301) 903-1788. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
II. Issues on Which DOE Seeks Comment and Information
III. Submission of Comments
IV. Confidential Business Information

I. Authority and Background

    Title I, Chapters 6-7, 14, of the Atomic Energy Act of 1954 (42 
U.S.C. 2011 et seq., ``AEA'') authorizes the Department of Energy to 
transfer special nuclear material and source material. Enriched uranium 
and natural uranium are types of special nuclear material and source 
material, respectively. In 1996, Congress enacted the USEC 
Privatization Act (Public Law 104-134, 42 U.S.C. 2297h et seq.), which 
places certain limitations on DOE's authority to transfer uranium from 
its excess uranium inventory. Specifically, under section 3112(d)(2)(B) 
of the USEC Privatization Act (42 U.S.C. 2297h-10(d)(2)(B)), DOE may 
make certain transfers of natural or low-enriched uranium if the 
Secretary determines that the transfers ``will not have an adverse 
material impact on the domestic uranium mining, conversion or 
enrichment industry, taking into account the sales of uranium under the

[[Page 46918]]

Russian Highly Enriched Uranium Agreement and the Suspension 
Agreement.'' Section 306(a) of Division D, Title III of the 
Consolidated and Further Continuing Appropriations Act, 2015 (Public 
Law 113-235), limits the validity of any determination by the Secretary 
under section 3112(d)(2)(B) of the USEC Privatization Act to no more 
than two calendar years subsequent to the determination.
    In recent years, DOE has transferred uranium for cleanup services 
at the Portsmouth Gaseous Diffusion Plant and for down-blending of 
highly-enriched uranium to low-enriched uranium (LEU). In May 2015, the 
Secretary determined that certain transfers, described in the 
determination, would not have an adverse material impact on the 
domestic uranium mining, conversion, or enrichment industry (the ``2015 
Secretarial Determination'').\1\ The 2015 Determination covers 
transfers to contractors for cleanup services at the Portsmouth Gaseous 
Diffusion Plant of up to 2,000 metric tons of natural uranium 
equivalent (MTU) contained in natural uranium hexafluoride in calendar 
year 2015, as well as transfers of up to 1,600 MTU per calendar year 
contained in natural uranium hexafluoride in calendar year 2016 and 
thereafter. The 2015 Secretarial Determination also covers an amount of 
LEU equivalent to up to 500 MTU of natural uranium per calendar year in 
calendar year 2015 and thereafter, transferred to contractors for down-
blending highly-enriched uranium to LEU.
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    \1\ Excess Uranium Management: Secretarial Determination of No 
Adverse Impact on the Domestic Uranium Mining, Conversion, and 
Enrichment Industries, 80 FR 26366 (May 7, 2015).
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    DOE is preparing for a new Secretarial Determination that would 
cover further transfers of uranium for cleanup services at the 
Portsmouth Gaseous Diffusion Plant and for down-blending of highly-
enriched uranium to LEU upon expiration of the 2015 Secretarial 
Determination. DOE is initiating this process by publishing this RFI 
seeking information on the uranium markets and domestic uranium 
industries. DOE will evaluate comments received in response to this 
RFI, along with other information and analysis, to determine whether 
its future transfers would have an adverse material impact on the 
domestic uranium mining, conversion, or enrichment industry.

II. Issues on Which DOE Seeks Comment and Information

    This RFI seeks information from interested parties on the uranium 
markets and domestic uranium industries, and the potential effects of 
DOE's transfers on the uranium markets and possible consequences for 
domestic uranium industries. DOE will use that information to help 
analyze and determine whether its transfers would have an adverse 
material impact on the domestic uranium mining, conversion, or 
enrichment industry. For all comments, DOE requests that interested 
parties fully explain any assumptions that underlie their reasoning. 
DOE also requests that commenters provide underlying data or other 
information sufficient to allow DOE to review and verify any of the 
assumptions, calculations or views expressed by the commenters.
    DOE specifically invites public comment on the following questions:
    (1) What are current and projected conditions in the uranium 
markets, and the domestic uranium mining, conversion and enrichment 
industries?
    (2) What market effects and industry consequences could DOE expect 
from continued transfers at annual rates comparable to the transfers 
described in the 2015 Secretarial Determination?
    (3) Would transfers at a lower annual rate or a higher annual rate 
significantly change these effects, and if so, how?
    (4) Are there any anticipated changes in these markets that may 
significantly change how DOE transfers affect the domestic uranium 
industries?
    Although comment is particularly welcome on the issues discussed 
above, DOE also requests comments on other topics that commenters 
consider significant in preparing for a potential new Secretarial 
Determination.

III. Submission of Comments

    DOE invites all interested parties to submit, in writing by August 
18, 2016, comments and information on matters addressed in this RFI. 
Any information that may be confidential and exempt by law from public 
disclosure should be submitted as described in section IV. Confidential 
Business Information. After the close of the comment period, DOE will 
continue collecting data, conducting analyses, and reviewing the public 
comments, as needed.

IV. Confidential Business Information

    Pursuant to 10 CFR 1004.11, any person submitting information he or 
she believes to be confidential and exempt by law from public 
disclosure should submit via email, postal mail, or hand delivery/
courier two well-marked copies: One copy of the document marked 
``confidential'' including all the information believed to be 
confidential, and one copy of the document marked ``non-confidential'' 
with the information believed to be confidential deleted. Submit these 
documents via email. DOE will make its own determination about the 
confidential status of the information and treat it according to its 
determination. Factors of interest to DOE when evaluating requests to 
treat submitted information as confidential include: (1) A description 
of the items; (2) whether and why such items are customarily treated as 
confidential 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 confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.

    Issued in Washington, DC, on July 12, 2016.
Raymond Furstenau,
Associate Principal Deputy Assistant Secretary, Office of Nuclear 
Energy.
[FR Doc. 2016-17024 Filed 7-18-16; 8:45 am]
 BILLING CODE 6450-01-P