81_FR_1416 81 FR 1409 - Excess Uranium Management: Secretarial Determination of No Adverse Impact on the Domestic Uranium Mining, Conversion, and Enrichment Industries

81 FR 1409 - Excess Uranium Management: Secretarial Determination of No Adverse Impact on the Domestic Uranium Mining, Conversion, and Enrichment Industries

DEPARTMENT OF ENERGY
National Nuclear Security Administration

Federal Register Volume 81, Issue 7 (January 12, 2016)

Page Range1409-1411
FR Document2016-00388

On December 18, 2015, the Secretary of Energy issued a determination (``Secretarial Determination'') covering the lease of high-assay low enriched uranium for medical isotope production projects through the Department's Uranium Lease and Take-Back Program (ULTB). The Secretarial Determination covers transfers of up to 500 kilograms uranium (kgU) per year of low enriched uranium (LEU) at up to 19.75 percent uranium-235 in the two years following approval of the determination to support molybdenum-99 production. For the reasons set forth in the Department's ``Analysis of Potential Impacts of Uranium Transfers on the Domestic Uranium Mining, Conversion, and Enrichment Industries,'' which is incorporated into the Determination, the Secretary determined that these transfers will not have an adverse material impact on the domestic uranium mining, conversion, or enrichment industry.

Federal Register, Volume 81 Issue 7 (Tuesday, January 12, 2016)
[Federal Register Volume 81, Number 7 (Tuesday, January 12, 2016)]
[Notices]
[Pages 1409-1411]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00388]


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DEPARTMENT OF ENERGY

National Nuclear Security Administration


Excess Uranium Management: Secretarial Determination of No 
Adverse Impact on the Domestic Uranium Mining, Conversion, and 
Enrichment Industries

AGENCY: National Nuclear Security Administration, Department of Energy.

ACTION: Notice.

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SUMMARY: On December 18, 2015, the Secretary of Energy issued a 
determination (``Secretarial Determination'') covering the lease of 
high-assay low enriched uranium for medical isotope production projects 
through the Department's Uranium Lease and Take-Back Program (ULTB). 
The Secretarial Determination covers transfers of up to 500 kilograms 
uranium (kgU) per year of low enriched uranium (LEU) at up to 19.75 
percent uranium-235 in the two years following approval of the 
determination to support molybdenum-99 production. For the reasons set 
forth in the Department's ``Analysis of Potential Impacts of Uranium 
Transfers on the Domestic Uranium Mining, Conversion, and Enrichment 
Industries,'' which is incorporated into the Determination, the 
Secretary determined that these transfers will not have an adverse 
material impact on the domestic uranium mining, conversion, or 
enrichment industry.

FOR FURTHER INFORMATION CONTACT: Mr. Peter Karcz, ULTB Program Manager, 
U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 
20585, telephone 202-586-0488, or email [email protected].

SUPPLEMENTARY INFORMATION: The Department of Energy (DOE) holds 
inventories of uranium in various forms and quantities--including low-
enriched uranium (LEU) and natural uranium--that have been declared as 
excess and are not dedicated to U.S. national security missions. Within 
DOE, the Office of Nuclear Energy (NE), the Office of Environmental 
Management (EM), and the National Nuclear Security Administration 
(NNSA) coordinate the management of these excess uranium inventories. 
NNSA down-blends excess highly-enriched uranium to high-assay low-
enriched uranium--above the commercial level of 5 wt-% and up to about 
19.75 wt-% of the isotope U-235--in support of its nonproliferation 
objectives and missions. Common applications of such high-assay 
materials are as fuels for domestic and foreign research reactors and 
as target materials for the production of medical isotopes.
    This notice involves high-assay LEU transfers of this type to 
support molybdenum-99 producers in such applications. These transfers 
fulfill a directive in the American Medical Isotope Production Act of 
2012 (Pub. L. 112-239, Division C, Title XXXI, Subtitle F, 42 U.S.C. 
2065) for the Department to establish a program to make low enriched 
uranium available, through lease contracts, for irradiation for the 
production of molybdenum-99 for medical uses. These transfers also 
support U.S. nuclear nonproliferation initiatives, by providing a path 
for down-blended highly enriched uranium (HEU) and encouraging the use 
of LEU in civil applications in lieu of HEU.
    These transfers are conducted in accordance with the Atomic Energy 
Act of 1954 (42 U.S.C. 2011 et seq., ``AEA''), as amended, and other 
applicable law. Specifically, Title I, Chapters 6 and 14 of the AEA 
authorize DOE to transfer special nuclear material; LEU is a type of 
special nuclear material. The USEC Privatization Act (Pub. L. 104-134, 
42 U.S.C. 2297h et seq.) places certain limitations on DOE's authority 
to transfer uranium from its excess uranium inventory. Specifically, 
under section 3112(d) of the USEC Privatization Act (42 U.S.C. 2297h-
10(d)), 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 Russian Highly Enriched Uranium Agreement and the Suspension 
Agreement.''
    On December 18, 2015, the Secretary of Energy issued a 
determination (``Secretarial Determination'') covering the lease of 
high-assay low enriched uranium for medical isotope production. The 
Secretarial Determination covers leases of up to the equivalent of 500 
kilograms of LEU at up to 19.75 percent uranium-235 per year for two 
years following approval of the determination to support molybdenum-99 
producers. The Secretary based his conclusion on the Department's 
``Analysis of Potential Impacts of Uranium Transfers on the Domestic 
Uranium Mining, Conversion, and Enrichment Industries,'' which is 
incorporated into the determination. The Secretary considered, inter 
alia, the requirements of the USEC Privatization Act of 1996 (42 U.S.C. 
2297h et seq.), the nature of uranium markets, and the current status 
of the domestic uranium industries, as well as sales of uranium under 
the Russian HEU Agreement and the Suspension Agreement.

    Issued in Washington, DC.
Anne M. Harrington,
Deputy Administrator for Defense Nuclear Nonproliferation, National 
Nuclear Security Administration.

    Set forth below is the full text of the Secretarial Determination.
SECRETARIAL DETERMINATION FOR THE SALE OR TRANSFER OF URANIUM
    I determine that the lease of up to the equivalent of 500 kgU of 
19.75%-assay low enriched uranium per calendar year to support the 
development and establishment of molybdenum-99 production capabilities 
will not have an adverse material impact on the domestic uranium 
mining, conversion, or enrichment industry. I base my conclusions on 
the Department's ``Analysis of Potential Impacts of Uranium Transfers 
on the Domestic Uranium Mining, Conversion, and Enrichment 
Industries,'' which is incorporated herein. As explained in that 
document, I have considered, inter alia, the requirements of the USEC 
Privatization Act of 1996 (42 U.S.C. 2297h et seq.), the nature of 
uranium markets, and the current status of the domestic uranium 
industries. I have also taken into account the sales of uranium under 
the Russian HEU Agreement and the Suspension Agreement.

Date: December 18, 2015.
Ernest J. Moniz,
Secretary of Energy

Analysis of Potential Impacts of Uranium Transfers on the Domestic 
Uranium Mining, Conversion, and Enrichment Industries

I. Introduction

A. Legal Authority

    DOE manages its excess uranium inventory in accordance with the 
Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq., ``AEA''), as 
amended, and other applicable law. Specifically, Title I, Chapters 6 
and 14 of the AEA authorize DOE to transfer special

[[Page 1410]]

nuclear material. Low enriched uranium (LEU) is a type of special 
nuclear material.
    The USEC Privatization Act (Pub. L. 104-134, 42 U.S.C. 2297h et 
seq.) places certain limitations on DOE's authority to transfer uranium 
from its excess uranium inventory. Specifically, under section 3112(d) 
of the USEC Privatization Act (42 U.S.C. 2297h-10(d)), 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 Russian 
Highly Enriched Uranium Agreement and the Suspension Agreement.'' (42 
U.S.C. 2297h-10(d)(2)(B)). The validity of any determination under this 
section is limited to no more than two calendar years subsequent to the 
determination (see Section 306(a) of Division D, Title III of the 
Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 
113-235)).

B. Transactions Considered in This Determination

    The American Medical Isotopes Production Act of 2012 (Pub. L. 112-
239, Division C, Title XXXI, Subtitle F, 42 U.S.C. 2065, ``AMIPA'') 
directs the Department to establish a program to lease LEU for 
irradiation to produce molybdenum-99 in the United States without the 
use of highly enriched uranium (HEU). This Uranium Lease and Take Back 
(ULTB) program will involve providing high-assay LEU (LEU enriched 
above 5 wt-%, but below 20 wt-% of U-235) to parties engaged in 
commercial production of molybdenum-99 in the United States for medical 
uses. As directed in AMIPA, the leased material will be used as either 
driver fuel for reactors employed in medical isotope production, as 
target material for irradiation and extraction of molybdenum-99, or 
both. The exact uses and designs vary by producer, but fission-based 
production usually involves fabrication of uranium targets for 
irradiation in a reactor, followed by chemical processing to extract 
the Mo-99 for packaging into a generator and delivery to a 
radiopharmacy.
    The materials considered in this analysis will be provided during 
calendar years 2016 and 2017 and will consist of no more than 500 kgU 
enriched over 5 and up to 19.75 wt-% of the isotope U-235 in any 
calendar year.\1\ Assuming a tails assay of 0.20 wt-% U-235, it would 
require approximately 19,100 kgU of natural uranium hexafluoride and 
approximately 22,600 separative work units (``SWU'') to produce that 
quantity of 19.75 wt-% LEU.
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    \1\ If any leases include material at an assay other than 19.75 
wt-%, the amount will be converted so that the total amount in any 
calendar year is equivalent to no more than 500 kgU at 19.75 wt-%.
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II. Analytical Approach

    This analysis evaluates two forecasts: One reflecting the state of 
the domestic uranium industries if DOE goes forward with these 
transactions, and one reflecting the state of the domestic uranium 
industries if DOE does not go forward with them. DOE compares these two 
forecasts to determine the relevant impacts on the domestic uranium 
industries. In conducting this comparison, DOE has developed a set of 
factors that this analysis considers in assessing whether DOE's uranium 
transfers will have an ``adverse material impact'' on the domestic 
uranium mining, conversion, or enrichment industry:
1. Prices
2. Production at existing facilities
3. Employment levels in the industry
4. Changes in capital improvement plans and development of future 
facilities
5. Long-term viability and health of the industry
6. Russian HEU Agreement and Suspension Agreement
    While no single factor is dispositive of the issue, DOE believes 
that these factors are representative of the types of impacts that the 
proposed leases may have on the domestic uranium industries. Not every 
factor will necessarily be relevant on a given occasion or to a 
particular industry; DOE intends this list of factors only as a guide 
to its analysis.

III. Assessment of Potential Impacts

    There is currently no commercial supplier of high-assay LEU on the 
open market. Modern enrichment facilities are technologically able to 
produce such materials. However, due to the economics of enrichment, 
owners and operators of such enrichment facilities have chosen not to 
pursue enrichment of high-assay LEU. Doing so would entail investment 
both for tooling up for higher enrichment and for regulatory licensing 
(chiefly from the Nuclear Regulatory Commission). Commercial power 
market projections of demand in the nuclear medicine industry for LEU 
in future years range from tens to hundreds of kilograms. Compared to 
the demand of the commercial power market, which requires thousands of 
metric tons of enriched uranium and associated conversion services, the 
production of small amounts of high-assay material is not likely to be 
economically viable for private industry. Additionally, with the 
closing of the Paducah Gaseous Diffusion Plant in 2013, the only 
remaining operational uranium enrichment facility in the U.S. is that 
operated by Louisiana Energy Services, LLC, which is licensed by the 
Nuclear Regulatory Commission to possess uranium only up to 5 wt-% U-
235,\2\ meaning no domestic commercial uranium enrichment facility is 
currently licensed to possess the high-assay LEU contemplated for 
lease.
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    \2\ U.S. Nuclear Regulatory Commission, Materials License. 
License Number SNM-2010, Amendment 57, Docket Number 70-3103.
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    There is currently no foreign commercial producer or supplier of 
high-assay low enriched uranium for use in domestic research reactors 
or medical isotope production applications. The high-assay LEU that is 
produced internationally, for example to convert Russian-supplied 
reactors from highly enriched uranium (HEU) cores, is noncommercially 
produced by state-owned enterprises for official purposes via 
downblending excess HEU.
    It is also not feasible for commercial molybdenum-99 producers to 
use commercial available assays of LEU (i.e. LEU enriched to 5 wt-% U-
235 or less) instead of high-assay LEU. Given the specialized uses, 
designs, and regulatory requirements of the fuels and targets used for 
these isotope production purposes, it would be technologically and 
financially infeasible for reactor operators to replace DOE-sourced 
high-assay LEU by converting the reactors to use commercial-assay LEU; 
likewise fabricating targets using commercial-assay LEU would limit 
their effectiveness sufficiently to make them uneconomical. Therefore, 
low-assay LEU use would prevent the reactor or target from achieving 
the same performance or efficiency and thus from being used for their 
intended purposes.
    Given the lack of domestic commercial production or supply of such 
materials and challenges to using or finding an alternative supply, an 
analysis of the impact of the proposed leases based on an assessment of 
the six factors listed in Section II is straightforward. Since the DOE 
material would not supplant material available on the commercial 
market, it would not displace primary production of uranium 
concentrates, conversion services, or

[[Page 1411]]

enrichment services. Thus, there will be no meaningful impact on the 
domestic uranium industries with respect to any of the factors.
    Even if the DOE leases would displace production among the domestic 
uranium mining, conversion, or enrichment industry, the amount would be 
so small that the effects would be minimal. With respect to the three 
uranium industries, to produce the amount of LEU in the proposed leases 
from primary production would require about 50,000 pounds of uranium 
concentrates (U3O8), 19,100 kgU of conversion 
services, and approximately 22,600 SWU of enrichment services. By 
comparison, the entire global fleet of nuclear reactors is expected to 
need in 2015 approximately 160 million pounds 
U3O8, 56 million kgU of conversion services, and 
about 45 million SWU.\3\ For further comparison, the U.S. uranium 
mining industry produced approximately 4.9 million pounds of 
U3O8 in 2014.\4\ The domestic conversion industry 
consists of only one facility. In recent years, that facility has 
produced between 11 and 12 million kgU. As mentioned above, there is 
only one currently operating enrichment facility in the U.S. The total 
capacity of that facility is currently about 3.7 million SWU. The 
Suspension Agreement with the Russian Federation allows for the sale of 
Russian natural uranium and SWU into the United States with 
restrictions ranging between 11.9 and 13.4 million pounds 
U3O8 equivalent per year between 2014 and 2020 
(73 FR 7705 at 7706, Feb. 11, 2008).\5\
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    \3\ These estimates of global requirements come from an analysis 
prepared by Energy Resources International, Inc. (ERI). This report 
is available at http://www.energy.gov/ne/downloads/excess-uranium-management. DOE tasked ERI to prepare this analysis to assess the 
potential effects on the domestic uranium mining, conversion, and 
enrichment industries of the introduction into the market of uranium 
transfers that are not the subject of this assessment. ERI develops 
its requirements forecasts for various customers. Because of ERI's 
general expertise in the uranium markets and contacts with market 
participants, DOE believes ERI's general market information is 
reliable.
    \4\ EIA, Domestic Uranium Production Report Q3 2015, 2 (October 
2015). Based on data from the first three quarters of 2015, uranium 
concentrate production is down in the United States compared to the 
corresponding quarters of 2014. Even accounting for this decrease, 
the effect of an additional 50,000 pounds U3O8 
would be minimal. In just the first three quarters of 2015, the 
domestic uranium mining industry produced over 2.7 million pounds 
U3O8. Id
    \5\ The Russian HEU Agreement allowed for the sale of LEU 
derived from Russian downblended HEU. This agreement ended in 
December 2013.
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    Given how small these DOE leases would be compared to global 
reactor requirements, domestic production, and imports from the Russian 
Federation under the Suspension Agreement, DOE concludes that leases at 
this level would have almost no impact on the domestic uranium mining, 
conversion, or enrichment industry with respect to any of the six 
factors listed in Section II.
    DOE recently issued a determination that certain transfers of 
natural uranium in exchange for cleanup services at the Portsmouth 
Gaseous Diffusion Plant and of LEU in exchange for downblending 
services will not have an adverse material impact on the domestic 
uranium industries. The analysis supporting that determination also 
considered various other past transfers, the uranium from which may 
still be affecting markets, and the impacts of the Russian HEU 
Agreement and Suspension Agreement (80 FR 26,366 at 26,385). DOE also 
issued a determination that the transfer of up to the equivalent of 25 
kgU of 19.75% assay LEU per calendar year to support the development 
and demonstration of molybdenum-99 production capabilities will not 
have an adverse material impact on the domestic uranium industries (80 
FR 65,727). In reaching the conclusion that leases of up to 500 kgU per 
year of high-assay LEU will have a minimal impact on the domestic 
uranium industries, DOE takes account of the various transfers assessed 
for its recent determinations.

IV. Conclusion

    For the reasons discussed above, these leases will not have an 
adverse material impact on the domestic uranium mining, conversion, or 
enrichment industry, taking into account the Russian HEU Agreement and 
Suspension Agreement.

[FR Doc. 2016-00388 Filed 1-11-16; 8:45 am]
BILLING CODE 6450-01-P



                                                                            Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices                                                1409

                                                Issued in Washington, DC, on January 6,               management of these excess uranium                     Secretary based his conclusion on the
                                              2016.                                                   inventories. NNSA down-blends excess                   Department’s ‘‘Analysis of Potential
                                              Andrew Richards,                                        highly-enriched uranium to high-assay                  Impacts of Uranium Transfers on the
                                              Chief of Staff, Office of Nuclear Energy,               low-enriched uranium—above the                         Domestic Uranium Mining, Conversion,
                                              Department of Energy.                                   commercial level of 5 wt-% and up to                   and Enrichment Industries,’’ which is
                                              [FR Doc. 2016–00389 Filed 1–11–16; 8:45 am]             about 19.75 wt-% of the isotope U–                     incorporated into the determination.
                                              BILLING CODE 6450–01–P                                  235—in support of its nonproliferation                 The Secretary considered, inter alia, the
                                                                                                      objectives and missions. Common                        requirements of the USEC Privatization
                                                                                                      applications of such high-assay                        Act of 1996 (42 U.S.C. 2297h et seq.),
                                              DEPARTMENT OF ENERGY                                    materials are as fuels for domestic and                the nature of uranium markets, and the
                                                                                                      foreign research reactors and as target                current status of the domestic uranium
                                              National Nuclear Security                               materials for the production of medical                industries, as well as sales of uranium
                                              Administration                                          isotopes.                                              under the Russian HEU Agreement and
                                                                                                         This notice involves high-assay LEU                 the Suspension Agreement.
                                              Excess Uranium Management:                              transfers of this type to support
                                              Secretarial Determination of No                                                                                  Issued in Washington, DC.
                                                                                                      molybdenum-99 producers in such
                                              Adverse Impact on the Domestic                          applications. These transfers fulfill a                Anne M. Harrington,
                                              Uranium Mining, Conversion, and                         directive in the American Medical                      Deputy Administrator for Defense Nuclear
                                              Enrichment Industries                                   Isotope Production Act of 2012 (Pub. L.                Nonproliferation, National Nuclear Security
                                                                                                                                                             Administration.
                                              AGENCY: National Nuclear Security                       112–239, Division C, Title XXXI,
                                              Administration, Department of Energy.                   Subtitle F, 42 U.S.C. 2065) for the                      Set forth below is the full text of the
                                                                                                      Department to establish a program to                   Secretarial Determination.
                                              ACTION: Notice.
                                                                                                      make low enriched uranium available,                   SECRETARIAL DETERMINATION FOR
                                              SUMMARY:   On December 18, 2015, the                    through lease contracts, for irradiation               THE SALE OR TRANSFER OF
                                              Secretary of Energy issued a                            for the production of molybdenum-99                    URANIUM
                                              determination (‘‘Secretarial                            for medical uses. These transfers also
                                              Determination’’) covering the lease of                  support U.S. nuclear nonproliferation                     I determine that the lease of up to the
                                              high-assay low enriched uranium for                     initiatives, by providing a path for                   equivalent of 500 kgU of 19.75%-assay
                                              medical isotope production projects                     down-blended highly enriched uranium                   low enriched uranium per calendar year
                                              through the Department’s Uranium                        (HEU) and encouraging the use of LEU                   to support the development and
                                              Lease and Take-Back Program (ULTB).                     in civil applications in lieu of HEU.                  establishment of molybdenum-99
                                              The Secretarial Determination covers                       These transfers are conducted in                    production capabilities will not have an
                                              transfers of up to 500 kilograms                        accordance with the Atomic Energy Act                  adverse material impact on the domestic
                                              uranium (kgU) per year of low enriched                  of 1954 (42 U.S.C. 2011 et seq., ‘‘AEA’’),             uranium mining, conversion, or
                                              uranium (LEU) at up to 19.75 percent                    as amended, and other applicable law.                  enrichment industry. I base my
                                              uranium-235 in the two years following                  Specifically, Title I, Chapters 6 and 14               conclusions on the Department’s
                                              approval of the determination to                        of the AEA authorize DOE to transfer                   ‘‘Analysis of Potential Impacts of
                                              support molybdenum-99 production.                       special nuclear material; LEU is a type                Uranium Transfers on the Domestic
                                              For the reasons set forth in the                        of special nuclear material. The USEC                  Uranium Mining, Conversion, and
                                              Department’s ‘‘Analysis of Potential                    Privatization Act (Pub. L. 104–134, 42                 Enrichment Industries,’’ which is
                                              Impacts of Uranium Transfers on the                     U.S.C. 2297h et seq.) places certain                   incorporated herein. As explained in
                                              Domestic Uranium Mining, Conversion,                    limitations on DOE’s authority to                      that document, I have considered, inter
                                              and Enrichment Industries,’’ which is                   transfer uranium from its excess                       alia, the requirements of the USEC
                                              incorporated into the Determination, the                uranium inventory. Specifically, under                 Privatization Act of 1996 (42 U.S.C.
                                              Secretary determined that these                         section 3112(d) of the USEC                            2297h et seq.), the nature of uranium
                                              transfers will not have an adverse                      Privatization Act (42 U.S.C. 2297h–                    markets, and the current status of the
                                              material impact on the domestic                         10(d)), DOE may make certain transfers                 domestic uranium industries. I have
                                              uranium mining, conversion, or                          of natural or low-enriched uranium if                  also taken into account the sales of
                                              enrichment industry.                                    the Secretary determines that the                      uranium under the Russian HEU
                                                                                                      transfers ‘‘will not have an adverse                   Agreement and the Suspension
                                              FOR FURTHER INFORMATION CONTACT: Mr.
                                                                                                      material impact on the domestic                        Agreement.
                                              Peter Karcz, ULTB Program Manager,
                                                                                                      uranium mining, conversion or                          Date: December 18, 2015.
                                              U.S. Department of Energy, 1000
                                                                                                      enrichment industry, taking into                       Ernest J. Moniz,
                                              Independence Avenue SW.,                                account the sales of uranium under the
                                              Washington, DC 20585, telephone 202–                                                                           Secretary of Energy
                                                                                                      Russian Highly Enriched Uranium
                                              586–0488, or email peter.karcz@                         Agreement and the Suspension                           Analysis of Potential Impacts of
                                              nnsa.doe.gov.                                           Agreement.’’                                           Uranium Transfers on the Domestic
                                              SUPPLEMENTARY INFORMATION: The                             On December 18, 2015, the Secretary                 Uranium Mining, Conversion, and
                                              Department of Energy (DOE) holds                        of Energy issued a determination                       Enrichment Industries
                                              inventories of uranium in various forms                 (‘‘Secretarial Determination’’) covering               I. Introduction
                                              and quantities—including low-enriched                   the lease of high-assay low enriched
                                              uranium (LEU) and natural uranium—                      uranium for medical isotope                            A. Legal Authority
tkelley on DSK3SPTVN1PROD with NOTICES




                                              that have been declared as excess and                   production. The Secretarial                               DOE manages its excess uranium
                                              are not dedicated to U.S. national                      Determination covers leases of up to the               inventory in accordance with the
                                              security missions. Within DOE, the                      equivalent of 500 kilograms of LEU at                  Atomic Energy Act of 1954 (42 U.S.C.
                                              Office of Nuclear Energy (NE), the Office               up to 19.75 percent uranium-235 per                    2011 et seq., ‘‘AEA’’), as amended, and
                                              of Environmental Management (EM),                       year for two years following approval of               other applicable law. Specifically, Title
                                              and the National Nuclear Security                       the determination to support                           I, Chapters 6 and 14 of the AEA
                                              Administration (NNSA) coordinate the                    molybdenum-99 producers. The                           authorize DOE to transfer special


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                                              1410                          Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices

                                              nuclear material. Low enriched uranium                  year.1 Assuming a tails assay of 0.20 wt-              hundreds of kilograms. Compared to the
                                              (LEU) is a type of special nuclear                      % U–235, it would require                              demand of the commercial power
                                              material.                                               approximately 19,100 kgU of natural                    market, which requires thousands of
                                                 The USEC Privatization Act (Pub. L.                  uranium hexafluoride and                               metric tons of enriched uranium and
                                              104–134, 42 U.S.C. 2297h et seq.) places                approximately 22,600 separative work                   associated conversion services, the
                                                                                                      units (‘‘SWU’’) to produce that quantity               production of small amounts of high-
                                              certain limitations on DOE’s authority to
                                                                                                      of 19.75 wt-% LEU.                                     assay material is not likely to be
                                              transfer uranium from its excess
                                                                                                                                                             economically viable for private
                                              uranium inventory. Specifically, under                  II. Analytical Approach                                industry. Additionally, with the closing
                                              section 3112(d) of the USEC                                This analysis evaluates two forecasts:              of the Paducah Gaseous Diffusion Plant
                                              Privatization Act (42 U.S.C. 2297h–                     One reflecting the state of the domestic               in 2013, the only remaining operational
                                              10(d)), DOE may make certain transfers                  uranium industries if DOE goes forward                 uranium enrichment facility in the U.S.
                                              of natural or low-enriched uranium if                   with these transactions, and one                       is that operated by Louisiana Energy
                                              the Secretary determines that the                       reflecting the state of the domestic                   Services, LLC, which is licensed by the
                                              transfers ‘‘will not have an adverse                    uranium industries if DOE does not go                  Nuclear Regulatory Commission to
                                              material impact on the domestic                         forward with them. DOE compares these                  possess uranium only up to 5 wt-% U–
                                              uranium mining, conversion or                           two forecasts to determine the relevant                235,2 meaning no domestic commercial
                                              enrichment industry, taking into                        impacts on the domestic uranium                        uranium enrichment facility is currently
                                              account the sales of uranium under the                  industries. In conducting this                         licensed to possess the high-assay LEU
                                              Russian Highly Enriched Uranium                         comparison, DOE has developed a set of                 contemplated for lease.
                                              Agreement and the Suspension                            factors that this analysis considers in                   There is currently no foreign
                                              Agreement.’’ (42 U.S.C. 2297h–                          assessing whether DOE’s uranium                        commercial producer or supplier of
                                              10(d)(2)(B)). The validity of any                       transfers will have an ‘‘adverse material              high-assay low enriched uranium for
                                              determination under this section is                     impact’’ on the domestic uranium                       use in domestic research reactors or
                                              limited to no more than two calendar                    mining, conversion, or enrichment                      medical isotope production
                                              years subsequent to the determination                   industry:                                              applications. The high-assay LEU that is
                                              (see Section 306(a) of Division D, Title                1. Prices                                              produced internationally, for example to
                                              III of the Consolidated and Further                     2. Production at existing facilities                   convert Russian-supplied reactors from
                                              Continuing Appropriations Act, 2015                     3. Employment levels in the industry                   highly enriched uranium (HEU) cores, is
                                              (Pub. L. 113–235)).                                     4. Changes in capital improvement                      noncommercially produced by state-
                                                                                                           plans and development of future                   owned enterprises for official purposes
                                              B. Transactions Considered in This                           facilities                                        via downblending excess HEU.
                                              Determination                                           5. Long-term viability and health of the                  It is also not feasible for commercial
                                                                                                           industry                                          molybdenum-99 producers to use
                                                 The American Medical Isotopes                        6. Russian HEU Agreement and                           commercial available assays of LEU (i.e.
                                              Production Act of 2012 (Pub. L. 112–                         Suspension Agreement                              LEU enriched to 5 wt-% U–235 or less)
                                              239, Division C, Title XXXI, Subtitle F,                   While no single factor is dispositive of
                                                                                                                                                             instead of high-assay LEU. Given the
                                              42 U.S.C. 2065, ‘‘AMIPA’’) directs the                  the issue, DOE believes that these
                                                                                                                                                             specialized uses, designs, and regulatory
                                              Department to establish a program to                    factors are representative of the types of
                                                                                                                                                             requirements of the fuels and targets
                                              lease LEU for irradiation to produce                    impacts that the proposed leases may
                                                                                                                                                             used for these isotope production
                                              molybdenum-99 in the United States                      have on the domestic uranium
                                                                                                                                                             purposes, it would be technologically
                                              without the use of highly enriched                      industries. Not every factor will
                                                                                                                                                             and financially infeasible for reactor
                                              uranium (HEU). This Uranium Lease                       necessarily be relevant on a given
                                                                                                                                                             operators to replace DOE-sourced high-
                                              and Take Back (ULTB) program will                       occasion or to a particular industry;
                                                                                                                                                             assay LEU by converting the reactors to
                                              involve providing high-assay LEU (LEU                   DOE intends this list of factors only as
                                                                                                                                                             use commercial-assay LEU; likewise
                                              enriched above 5 wt-%, but below 20                     a guide to its analysis.
                                                                                                                                                             fabricating targets using commercial-
                                              wt-% of U–235) to parties engaged in                    III. Assessment of Potential Impacts                   assay LEU would limit their
                                              commercial production of molybdenum-                                                                           effectiveness sufficiently to make them
                                              99 in the United States for medical uses.                  There is currently no commercial
                                                                                                      supplier of high-assay LEU on the open                 uneconomical. Therefore, low-assay
                                              As directed in AMIPA, the leased                                                                               LEU use would prevent the reactor or
                                              material will be used as either driver                  market. Modern enrichment facilities
                                                                                                      are technologically able to produce such               target from achieving the same
                                              fuel for reactors employed in medical                                                                          performance or efficiency and thus from
                                                                                                      materials. However, due to the
                                              isotope production, as target material for                                                                     being used for their intended purposes.
                                                                                                      economics of enrichment, owners and
                                              irradiation and extraction of                                                                                     Given the lack of domestic
                                                                                                      operators of such enrichment facilities
                                              molybdenum-99, or both. The exact uses                                                                         commercial production or supply of
                                                                                                      have chosen not to pursue enrichment
                                              and designs vary by producer, but                                                                              such materials and challenges to using
                                                                                                      of high-assay LEU. Doing so would
                                              fission-based production usually                                                                               or finding an alternative supply, an
                                                                                                      entail investment both for tooling up for
                                              involves fabrication of uranium targets                                                                        analysis of the impact of the proposed
                                                                                                      higher enrichment and for regulatory
                                              for irradiation in a reactor, followed by                                                                      leases based on an assessment of the six
                                                                                                      licensing (chiefly from the Nuclear
                                              chemical processing to extract the Mo-                  Regulatory Commission). Commercial                     factors listed in Section II is
                                              99 for packaging into a generator and                   power market projections of demand in                  straightforward. Since the DOE material
                                              delivery to a radiopharmacy.                                                                                   would not supplant material available
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                                                                                                      the nuclear medicine industry for LEU
                                                 The materials considered in this                     in future years range from tens to                     on the commercial market, it would not
                                              analysis will be provided during                                                                               displace primary production of uranium
                                              calendar years 2016 and 2017 and will                     1 If any leases include material at an assay other   concentrates, conversion services, or
                                              consist of no more than 500 kgU                         than 19.75 wt-%, the amount will be converted so
                                                                                                      that the total amount in any calendar year is            2 U.S. Nuclear Regulatory Commission, Materials
                                              enriched over 5 and up to 19.75 wt-%                    equivalent to no more than 500 kgU at 19.75 wt-        License. License Number SNM–2010, Amendment
                                              of the isotope U–235 in any calendar                    %.                                                     57, Docket Number 70–3103.



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                                                                             Federal Register / Vol. 81, No. 7 / Tuesday, January 12, 2016 / Notices                                                  1411

                                              enrichment services. Thus, there will be                 concludes that leases at this level would             U.S.C. 808(a)(1), requires the
                                              no meaningful impact on the domestic                     have almost no impact on the domestic                 Commission, at the expiration of a
                                              uranium industries with respect to any                   uranium mining, conversion, or                        license term, to issue from year-to-year
                                              of the factors.                                          enrichment industry with respect to any               an annual license to the then licensee
                                                 Even if the DOE leases would displace                 of the six factors listed in Section II.              under the terms and conditions of the
                                              production among the domestic                               DOE recently issued a determination                prior license until a new license is
                                              uranium mining, conversion, or                           that certain transfers of natural uranium             issued, or the project is otherwise
                                              enrichment industry, the amount would                    in exchange for cleanup services at the               disposed of as provided in section 15 or
                                              be so small that the effects would be                    Portsmouth Gaseous Diffusion Plant and
                                                                                                                                                             any other applicable section of the FPA.
                                              minimal. With respect to the three                       of LEU in exchange for downblending
                                                                                                                                                             If the project’s prior license waived the
                                              uranium industries, to produce the                       services will not have an adverse
                                              amount of LEU in the proposed leases                                                                           applicability of section 15 of the FPA,
                                                                                                       material impact on the domestic
                                              from primary production would require                    uranium industries. The analysis                      then, based on section 9(b) of the
                                              about 50,000 pounds of uranium                           supporting that determination also                    Administrative Procedure Act, 5 U.S.C.
                                              concentrates (U3O8), 19,100 kgU of                       considered various other past transfers,              558(c), and as set forth at 18 CFR
                                              conversion services, and approximately                   the uranium from which may still be                   16.21(a), if the licensee of such project
                                              22,600 SWU of enrichment services. By                    affecting markets, and the impacts of the             has filed an application for a subsequent
                                              comparison, the entire global fleet of                   Russian HEU Agreement and                             license, the licensee may continue to
                                              nuclear reactors is expected to need in                  Suspension Agreement (80 FR 26,366 at                 operate the project in accordance with
                                              2015 approximately 160 million pounds                    26,385). DOE also issued a                            the terms and conditions of the license
                                              U3O8, 56 million kgU of conversion                       determination that the transfer of up to              after the minor or minor part license
                                              services, and about 45 million SWU.3                     the equivalent of 25 kgU of 19.75%                    expires, until the Commission acts on
                                              For further comparison, the U.S.                         assay LEU per calendar year to support                its application. If the licensee of such a
                                              uranium mining industry produced                         the development and demonstration of                  project has not filed an application for
                                              approximately 4.9 million pounds of                      molybdenum-99 production capabilities                 a subsequent license, then it may be
                                              U3O8 in 2014.4 The domestic conversion                   will not have an adverse material                     required, pursuant to 18 CFR 16.21(b),
                                              industry consists of only one facility. In               impact on the domestic uranium                        to continue project operations until the
                                              recent years, that facility has produced                 industries (80 FR 65,727). In reaching                Commission issues someone else a
                                              between 11 and 12 million kgU. As                        the conclusion that leases of up to 500               license for the project or otherwise
                                              mentioned above, there is only one                       kgU per year of high-assay LEU will                   orders disposition of the project.
                                              currently operating enrichment facility                  have a minimal impact on the domestic
                                              in the U.S. The total capacity of that                   uranium industries, DOE takes account                    If the project is subject to section 15
                                              facility is currently about 3.7 million                  of the various transfers assessed for its             of the FPA, notice is hereby given that
                                              SWU. The Suspension Agreement with                       recent determinations.                                an annual license for Project No. 2484
                                              the Russian Federation allows for the                                                                          is issued to the licensee for a period
                                              sale of Russian natural uranium and                      IV. Conclusion                                        effective January 1, 2016 through
                                              SWU into the United States with                            For the reasons discussed above, these              December 31, 2016 or until the issuance
                                              restrictions ranging between 11.9 and                    leases will not have an adverse material              of a new license for the project or other
                                              13.4 million pounds U3O8 equivalent                      impact on the domestic uranium                        disposition under the FPA, whichever
                                              per year between 2014 and 2020 (73 FR                    mining, conversion, or enrichment                     comes first. If issuance of a new license
                                              7705 at 7706, Feb. 11, 2008).5                           industry, taking into account the                     (or other disposition) does not take
                                                Given how small these DOE leases                       Russian HEU Agreement and                             place on or before December 31, 2016,
                                              would be compared to global reactor                      Suspension Agreement.                                 notice is hereby given that, pursuant to
                                              requirements, domestic production, and                   [FR Doc. 2016–00388 Filed 1–11–16; 8:45 am]           18 CFR 16.18(c), an annual license
                                              imports from the Russian Federation
                                              under the Suspension Agreement, DOE
                                                                                                       BILLING CODE 6450–01–P                                under section 15(a)(1) of the FPA is
                                                                                                                                                             renewed automatically without further
                                                3 These estimates of global requirements come                                                                order or notice by the Commission,
                                              from an analysis prepared by Energy Resources
                                                                                                       DEPARTMENT OF ENERGY                                  unless the Commission orders
                                              International, Inc. (ERI). This report is available at                                                         otherwise.
                                              http://www.energy.gov/ne/downloads/excess-               Federal Energy Regulatory
                                              uranium-management. DOE tasked ERI to prepare            Commission                                               If the project is not subject to section
                                              this analysis to assess the potential effects on the                                                           15 of the FPA, notice is hereby given
                                              domestic uranium mining, conversion, and                 [Project No. 2484–000]
                                              enrichment industries of the introduction into the                                                             that the licensee, Gresham Municipal
                                              market of uranium transfers that are not the subject     Gresham Municipal Utilities; Notice of                Utilities is authorized to continue
                                              of this assessment. ERI develops its requirements        Authorization for Continued Project                   operation of the Gresham Hydroelectric
                                              forecasts for various customers. Because of ERI’s
                                              general expertise in the uranium markets and             Operation                                             Project, until such time as the
                                              contacts with market participants, DOE believes                                                                Commission acts on its application for
                                                                                                          On November 22, 2010, Gresham
                                              ERI’s general market information is reliable.                                                                  a subsequent license.
                                                4 EIA, Domestic Uranium Production Report Q3           Municipal Utilities, licensee for the
                                              2015, 2 (October 2015). Based on data from the first     Gresham Hydroelectric Project, filed an                 Dated: January 6, 2016.
                                              three quarters of 2015, uranium concentrate              Application for a New License pursuant                Nathaniel J. Davis, Sr.,
                                              production is down in the United States compared
                                              to the corresponding quarters of 2014. Even
                                                                                                       to the Federal Power Act (FPA) and the                Deputy Secretary.
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                                              accounting for this decrease, the effect of an           Commission’s regulations thereunder.                  [FR Doc. 2016–00404 Filed 1–11–16; 8:45 am]
                                              additional 50,000 pounds U3O8 would be minimal.          The Gresham Hydroelectric Project is
                                                                                                                                                             BILLING CODE 6717–01–P
                                              In just the first three quarters of 2015, the domestic   located on the Red River in Shawano
                                              uranium mining industry produced over 2.7 million
                                              pounds U3O8. Id
                                                                                                       County, Wisconsin.
                                                5 The Russian HEU Agreement allowed for the               The license for Project No. 2484 was
                                              sale of LEU derived from Russian downblended             issued for a period ending December 31,
                                              HEU. This agreement ended in December 2013.              2015. Section 15(a)(1) of the FPA, 16


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Document Created: 2016-01-12 01:23:21
Document Modified: 2016-01-12 01:23:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesDecember 18, 2015. Ernest J. Moniz, Secretary of Energy
ContactMr. Peter Karcz, ULTB Program Manager, U.S. Department of Energy, 1000 Independence Avenue SW., Washington, DC 20585, telephone 202-586-0488, or email [email protected]
FR Citation81 FR 1409 

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