[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.

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