[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]
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