[Federal Register Volume 91, Number 78 (Thursday, April 23, 2026)]
[Notices]
[Pages 21849-21850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-07892]
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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 revised voluntary agreement.
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SUMMARY: Notice is hereby given pursuant to section 708 of the Defense
Production Act of 1950 (``DPA''), that the Acting 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 revised 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 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'',
[[Page 21850]]
90 FR 22595 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 revised 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 revised Voluntary Agreement consolidates these phases
of the nuclear fuel cycle into three Plans of Action (``POA''). POA
Committee #1, Material Sufficiency, will consist of the Mining &
Milling, Conversion, and Enrichment subcommittees. POA Committee #2,
Market-Integrated Fuel Utilization, will consist of the Fabrication &
Deconversion, Recycling & Reprocessing, and Reactors subcommittees. POA
Committee #3, Human Mobilization, will consist of the Workforce
Development, Supply Chain, and Economics & Finance subcommittees.
Together, these Committees and Subcommittees will comprise a consortium
of domestic nuclear energy companies. This 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 revised 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 revised
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 revised Voluntary Agreement and
consulted with the Chair of the Federal Trade Commission. On April 17,
2026, by letter to Assistant Secretary for Nuclear Energy Thedore J.
Garrish, Omeed Assefi, Assistant Attorney General, Antitrust Division,
issued a finding, pursuant to 50 U.S.C. 4558(f)(1)(B), that the purpose
of the DPA's voluntary agreement provision ``may not reasonably be
achieved through a . . . plan of action having less anticompetitive
effects or without any . . . plan of action.''
Dated: April 20, 2026.
Dina Kallay,
Deputy Assistant Attorney General, Antitrust Division.
[FR Doc. 2026-07892 Filed 4-22-26; 8:45 am]
BILLING CODE 4410-11-P