[Federal Register Volume 90, Number 242 (Friday, December 19, 2025)]
[Notices]
[Pages 59581-59582]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-23443]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the Defense Production Act of 1950

AGENCY: Antitrust Division, U.S. Department of Justice.

ACTION: Notice of review of voluntary agreement.

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

SUMMARY: Notice is hereby given pursuant to section 708 of the Defense 
Production Act of 1950 (``DPA''), that the Assistant Attorney General 
finds, with respect to the Implementing Voluntary Agreements Under the 
Defense Production Act (``Voluntary Agreement'') proposed by the 
Department of Energy (``DOE''), that the purposes of section 708(c)(1) 
of the DPA may not reasonably be achieved through a voluntary agreement 
having less anticompetitive effects or without any voluntary agreement. 
Given this finding, the proposed Voluntary Agreement may become 
effective following the publication of this notice.

SUPPLEMENTARY INFORMATION: Under the DPA, DOE may enter into plans with 
representatives of private industry for the purpose of improving the 
efficiency with which private firms contribute to the national defense 
when conditions exist that may pose a direct threat to the national 
defense or its preparedness. Such arrangements are generally known as 
``voluntary agreements.'' Participants in an existing voluntary 
agreement may adopt documented methods, known as ``plans of action,'' 
to implement that voluntary agreement. A defense to actions brought 
under the antitrust laws is available to each participant acting within 
the scope of a voluntary agreement and plan of action that has come 
into force under the DPA.
    The DPA requires that each proposed plan of action be reviewed by 
the Attorney General prior to becoming effective. If, after consulting 
with the Chair of the Federal Trade Commission, the Attorney General 
finds that the purposes of the DPA's plans of action provision ``may 
not reasonably be achieved through a . . . voluntary agreement having 
less anticompetitive effects or without any . . . voluntary 
agreement,'' the voluntary agreement may become effective. 50 U.S.C. 
4558(f)(1)(B). All functions which the

[[Page 59582]]

Attorney General is required or authorized to perform by section 708 of 
the DPA have been delegated to the Assistant Attorney General, 
Antitrust Division. 28 CFR 0.40(l).
    Executive Order 14,302 ``Reinvigorating the Nuclear Fuel Base'', 90 
FR 22595 (``E.O. 14,302'') required the Secretary of Energy, in 
coordination with the Attorney General and the Chairman of the Federal 
Trade Commission, to utilize authority provided to the President in 
section 708(c)(1) of the Defense Production Act to seek voluntary 
agreements with domestic nuclear energy companies to provide for the 
national defense. The purpose of the proposed Voluntary Agreement is to 
establish a consortium and plans of action to ensure that the domestic 
nuclear fuel supply chain capacity is available to enable the continued 
reliable operation of the Nation's existing and future nuclear 
reactors. The phases of the domestic nuclear fuel supply chain that 
will be addressed in the consortium and plans of action include 
milling, conversion, enrichment, deconversion, fabrication, recycling 
and reprocessing, end users, and Uranium Fuel Infrastructure Resilience 
Mechanism (``UFIRM''). The consortium will allow for consultation with 
domestic nuclear energy companies to discuss and implement methods to 
enhance the capability to manage spent nuclear fuel to ensure the 
continued reliable operation of domestic nuclear reactors. DOE has 
certified that the proposed Voluntary Agreement is necessary to carry 
out its purpose, as specified in E.O. 14,302.
    DOE requested that the Assistant Attorney General, Antitrust 
Division, pursuant to the Attorney General's delegation of authority 
under 28 CFR 0.40(i), issue a finding that the proposed Voluntary 
Agreement satisfies the statutory criteria set forth in 50 U.S.C. 
4558(f)(1)(B). The Assistant Attorney General, Antitrust Division, 
reviewed the proposed Voluntary Agreement and consulted with the Chair 
of the Federal Trade Commission. On December 12, 2025, by letter to 
Assistant Secretary for Nuclear Energy Thedore J. Garrish, Gail Slater, 
Assistant Attorney General, Antitrust Division, issued a finding, 
pursuant to 50 U.S.C. 4558(f)(1)(B), that the purposes of the DPA's 
plans of action provision ``may not reasonably be achieved through a . 
. . plan of action having less anticompetitive effects or without any . 
. . plan of action.''

    Dated: December 16, 2025.
David G.B. Lawrence,
Policy Director, Antitrust Division.
[FR Doc. 2025-23443 Filed 12-18-25; 8:45 am]
BILLING CODE 4410-11-P