81 FR 46917 - Excess Uranium Management: Effects of DOE Transfers of Excess Uranium on Domestic Uranium Mining, Conversion, and Enrichment Industries; Request for Information

DEPARTMENT OF ENERGY

Federal Register Volume 81, Issue 138 (July 19, 2016)

Page Range		46917-46918
FR Document		2016-17024

The U.S. Department of Energy (DOE) is preparing for a potential new Secretarial Determination covering transfers of uranium for cleanup services at the Portsmouth Gaseous Diffusion Plant and for down-blending of highly-enriched uranium to low-enriched uranium (LEU). This RFI solicits information from the public about the uranium markets and domestic uranium industries, and the potential effects of DOE transfers in the uranium markets and possible consequences for the domestic uranium mining, conversion and enrichment industries. DOE will consider this information as part of its analysis to determine whether its transfers would have an adverse material impact on the domestic uranium mining, conversion, or enrichment industry.

Federal Register, Volume 81 Issue 138 (Tuesday, July 19, 2016)

[Federal Register Volume 81, Number 138 (Tuesday, July 19, 2016)]
[Notices]
[Pages 46917-46918]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17024]


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DEPARTMENT OF ENERGY


Excess Uranium Management: Effects of DOE Transfers of Excess 
Uranium on Domestic Uranium Mining, Conversion, and Enrichment 
Industries; Request for Information

AGENCY: Office of Nuclear Energy, Department of Energy.

ACTION: Request for information (RFI).

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SUMMARY: The U.S. Department of Energy (DOE) is preparing for a 
potential new Secretarial Determination covering transfers of uranium 
for cleanup services at the Portsmouth Gaseous Diffusion Plant and for 
down-blending of highly-enriched uranium to low-enriched uranium (LEU). 
This RFI solicits information from the public about the uranium markets 
and domestic uranium industries, and the potential effects of DOE 
transfers in the uranium markets and possible consequences for the 
domestic uranium mining, conversion and enrichment industries. DOE will 
consider this information as part of its analysis to determine whether 
its transfers would have an adverse material impact on the domestic 
uranium mining, conversion, or enrichment industry.

DATES: DOE will accept comments, data, and information responding to 
this RFI submitted on or before August 18, 2016.

ADDRESSES: Interested persons may submit comments by any of the 
following methods.
    1. Email: [email protected]. Submit electronic 
comments in Microsoft Word, or PDF file format and avoid the use of 
special characters or any form of encryption.
    2. Postal Mail: Ms. Cheryl Moss Herman, U.S. Department of Energy, 
Office of Nuclear Energy, Mailstop B-409, 19901 Germantown Rd., 
Germantown, MD 20874-1290. If possible, please submit all items on a 
compact disk (CD), in which case it is not necessary to include printed 
copies.
    3. Hand Delivery/Courier: Ms. Cheryl Moss Herman, U.S. Department 
of Energy, Office of Nuclear Energy, Mailstop B-409, 19901 Germantown 
Rd., Germantown, MD 20874-1290. Phone: (301) 903-1788. If possible, 
please submit all items on a CD, in which case it is not necessary to 
include printed copies.
    Instructions: All submissions received must include the agency name 
for this request for information. No facsimiles (faxes) will be 
accepted.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
may be sent to: Ms. Cheryl Moss Herman, U.S. Department of Energy, 
Office of Nuclear Energy, Mailstop B-409, 19901 Germantown Rd., 
Germantown, MD 20874-1290. Phone: (301) 903-1788. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
II. Issues on Which DOE Seeks Comment and Information
III. Submission of Comments
IV. Confidential Business Information

I. Authority and Background

    Title I, Chapters 6-7, 14, of the Atomic Energy Act of 1954 (42 
U.S.C. 2011 et seq., ``AEA'') authorizes the Department of Energy to 
transfer special nuclear material and source material. Enriched uranium 
and natural uranium are types of special nuclear material and source 
material, respectively. In 1996, Congress enacted the USEC 
Privatization Act (Public Law 104-134, 42 U.S.C. 2297h et seq.), which 
places certain limitations on DOE's authority to transfer uranium from 
its excess uranium inventory. Specifically, under section 3112(d)(2)(B) 
of the USEC Privatization Act (42 U.S.C. 2297h-10(d)(2)(B)), DOE may 
make certain transfers of natural or low-enriched uranium if the 
Secretary determines that the transfers ``will not have an adverse 
material impact on the domestic uranium mining, conversion or 
enrichment industry, taking into account the sales of uranium under the

[[Page 46918]]

Russian Highly Enriched Uranium Agreement and the Suspension 
Agreement.'' Section 306(a) of Division D, Title III of the 
Consolidated and Further Continuing Appropriations Act, 2015 (Public 
Law 113-235), limits the validity of any determination by the Secretary 
under section 3112(d)(2)(B) of the USEC Privatization Act to no more 
than two calendar years subsequent to the determination.
    In recent years, DOE has transferred uranium for cleanup services 
at the Portsmouth Gaseous Diffusion Plant and for down-blending of 
highly-enriched uranium to low-enriched uranium (LEU). In May 2015, the 
Secretary determined that certain transfers, described in the 
determination, would not have an adverse material impact on the 
domestic uranium mining, conversion, or enrichment industry (the ``2015 
Secretarial Determination'').\1\ The 2015 Determination covers 
transfers to contractors for cleanup services at the Portsmouth Gaseous 
Diffusion Plant of up to 2,000 metric tons of natural uranium 
equivalent (MTU) contained in natural uranium hexafluoride in calendar 
year 2015, as well as transfers of up to 1,600 MTU per calendar year 
contained in natural uranium hexafluoride in calendar year 2016 and 
thereafter. The 2015 Secretarial Determination also covers an amount of 
LEU equivalent to up to 500 MTU of natural uranium per calendar year in 
calendar year 2015 and thereafter, transferred to contractors for down-
blending highly-enriched uranium to LEU.
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    \1\ Excess Uranium Management: Secretarial Determination of No 
Adverse Impact on the Domestic Uranium Mining, Conversion, and 
Enrichment Industries, 80 FR 26366 (May 7, 2015).
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    DOE is preparing for a new Secretarial Determination that would 
cover further transfers of uranium for cleanup services at the 
Portsmouth Gaseous Diffusion Plant and for down-blending of highly-
enriched uranium to LEU upon expiration of the 2015 Secretarial 
Determination. DOE is initiating this process by publishing this RFI 
seeking information on the uranium markets and domestic uranium 
industries. DOE will evaluate comments received in response to this 
RFI, along with other information and analysis, to determine whether 
its future transfers would have an adverse material impact on the 
domestic uranium mining, conversion, or enrichment industry.

II. Issues on Which DOE Seeks Comment and Information

    This RFI seeks information from interested parties on the uranium 
markets and domestic uranium industries, and the potential effects of 
DOE's transfers on the uranium markets and possible consequences for 
domestic uranium industries. DOE will use that information to help 
analyze and determine whether its transfers would have an adverse 
material impact on the domestic uranium mining, conversion, or 
enrichment industry. For all comments, DOE requests that interested 
parties fully explain any assumptions that underlie their reasoning. 
DOE also requests that commenters provide underlying data or other 
information sufficient to allow DOE to review and verify any of the 
assumptions, calculations or views expressed by the commenters.
    DOE specifically invites public comment on the following questions:
    (1) What are current and projected conditions in the uranium 
markets, and the domestic uranium mining, conversion and enrichment 
industries?
    (2) What market effects and industry consequences could DOE expect 
from continued transfers at annual rates comparable to the transfers 
described in the 2015 Secretarial Determination?
    (3) Would transfers at a lower annual rate or a higher annual rate 
significantly change these effects, and if so, how?
    (4) Are there any anticipated changes in these markets that may 
significantly change how DOE transfers affect the domestic uranium 
industries?
    Although comment is particularly welcome on the issues discussed 
above, DOE also requests comments on other topics that commenters 
consider significant in preparing for a potential new Secretarial 
Determination.

III. Submission of Comments

    DOE invites all interested parties to submit, in writing by August 
18, 2016, comments and information on matters addressed in this RFI. 
Any information that may be confidential and exempt by law from public 
disclosure should be submitted as described in section IV. Confidential 
Business Information. After the close of the comment period, DOE will 
continue collecting data, conducting analyses, and reviewing the public 
comments, as needed.

IV. Confidential Business Information

    Pursuant to 10 CFR 1004.11, any person submitting information he or 
she believes to be confidential and exempt by law from public 
disclosure should submit via email, postal mail, or hand delivery/
courier two well-marked copies: One copy of the document marked 
``confidential'' including all the information believed to be 
confidential, and one copy of the document marked ``non-confidential'' 
with the information believed to be confidential deleted. Submit these 
documents via email. DOE will make its own determination about the 
confidential status of the information and treat it according to its 
determination. Factors of interest to DOE when evaluating requests to 
treat submitted information as confidential include: (1) A description 
of the items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.

    Issued in Washington, DC, on July 12, 2016.
Raymond Furstenau,
Associate Principal Deputy Assistant Secretary, Office of Nuclear 
Energy.
[FR Doc. 2016-17024 Filed 7-18-16; 8:45 am]
 BILLING CODE 6450-01-P

Federal Register / Vol. 81, No. 138 / Tuesday, July 19, 2016 / Notices 46917

Transcripts: Transcripts of the Public Participation: The meeting is 1. Email: RFI-UraniumTransfers@
meeting will be available by contacting open to the public. Written statements hq.doe.gov. Submit electronic comments
Ms. Johnson at the address above, or may be filed with the Board either in Microsoft Word, or PDF file format
info@npc.org. before or after the meeting. Members of and avoid the use of special characters
Issued at Washington, DC, on July 13, the public who wish to make oral or any form of encryption.
2016. statements pertaining to agenda items 2. Postal Mail: Ms. Cheryl Moss
LaTanya R. Butler, should contact Michael Li at the address Herman, U.S. Department of Energy,
or telephone number listed above. Office of Nuclear Energy, Mailstop B–
Deputy Committee Management Officer.
Requests to make oral comments must 409, 19901 Germantown Rd.,
[FR Doc. 2016–16953 Filed 7–18–16; 8:45 am] Germantown, MD 20874–1290. If
be received five days prior to the
BILLING CODE 6450–01–P
meeting; reasonable provision will be possible, please submit all items on a
made to include requested topic(s) on compact disk (CD), in which case it is
the agenda. The Chair of the Board is not necessary to include printed copies.
DEPARTMENT OF ENERGY 3. Hand Delivery/Courier: Ms. Cheryl
empowered to conduct the meeting in a
fashion that will facilitate the orderly Moss Herman, U.S. Department of
State Energy Advisory Board (STEAB)
conduct of business. Energy, Office of Nuclear Energy,
AGENCY: Department of Energy, Office of Minutes: The minutes of the meeting Mailstop B–409, 19901 Germantown
Energy Efficiency and Renewable will be available for public review and Rd., Germantown, MD 20874–1290.
Energy. copying within 60 days on the STEAB Phone: (301) 903–1788. If possible,
Web site at: http://www.energy.gov/eere/ please submit all items on a CD, in
ACTION: Notice of open teleconference.
steab/state-energy-advisory-board. which case it is not necessary to include
SUMMARY: This notice announces a printed copies.
Issued at Washington, DC, on July 13, Instructions: All submissions received
teleconference call of the State Energy 2016.
Advisory Board (STEAB). The Federal must include the agency name for this
LaTanya R. Butler, request for information. No facsimiles
Advisory Committee Act (Public Law Deputy Committee Management Officer.
92–463; 86 Stat.770) requires that public (faxes) will be accepted.
[FR Doc. 2016–16956 Filed 7–18–16; 8:45 am] FOR FURTHER INFORMATION CONTACT:
notice of these meetings be announced
in the Federal Register. BILLING CODE 6450–01–P Requests for additional information may
be sent to: Ms. Cheryl Moss Herman,
DATES: Thursday, August 18, 2016 from
U.S. Department of Energy, Office of
3:30 p.m. to 4:30 p.m. (EDT). To receive DEPARTMENT OF ENERGY Nuclear Energy, Mailstop B–409, 19901
the call-in number and passcode, please Germantown Rd., Germantown, MD
contact the Board’s Designated Federal Excess Uranium Management: Effects
20874–1290. Phone: (301) 903–1788.
Officer at the address or phone number of DOE Transfers of Excess Uranium
Email: Cheryl.Moss_Herman@
listed below. on Domestic Uranium Mining,
Nuclear.Energy.Gov.
FOR FURTHER INFORMATION CONTACT: Conversion, and Enrichment
Industries; Request for Information SUPPLEMENTARY INFORMATION:
Michael Li, Office of Energy Efficiency
and Renewable Energy, US Department AGENCY: Office of Nuclear Energy, Table of Contents
of Energy, 1000 Independence Ave SW., Department of Energy. I. Authority and Background
Washington, DC 20585. Phone number II. Issues on Which DOE Seeks Comment and
ACTION: Request for information (RFI).
202–287–5718, and email michael.li@ Information
ee.doe.gov. SUMMARY: The U.S. Department of III. Submission of Comments
Energy (DOE) is preparing for a IV. Confidential Business Information
SUPPLEMENTARY INFORMATION:
Purpose of the Board: To make potential new Secretarial Determination I. Authority and Background
recommendations to the Assistant covering transfers of uranium for Title I, Chapters 6–7, 14, of the
Secretary for the Office of Energy cleanup services at the Portsmouth Atomic Energy Act of 1954 (42 U.S.C.
Efficiency and Renewable Energy Gaseous Diffusion Plant and for down- 2011 et seq., ‘‘AEA’’) authorizes the
regarding goals and objectives, blending of highly-enriched uranium to Department of Energy to transfer special
programmatic and administrative low-enriched uranium (LEU). This RFI nuclear material and source material.
policies, and to otherwise carry out the solicits information from the public Enriched uranium and natural uranium
Board’s responsibilities as designated in about the uranium markets and are types of special nuclear material and
the State Energy Efficiency Programs domestic uranium industries, and the source material, respectively. In 1996,
Improvement Act of 1990 (Pub. L. 101– potential effects of DOE transfers in the Congress enacted the USEC
440). uranium markets and possible Privatization Act (Public Law 104–134,
Tentative Agenda: Receive STEAB consequences for the domestic uranium 42 U.S.C. 2297h et seq.), which places
Task Force updates on action items and mining, conversion and enrichment certain limitations on DOE’s authority to
revised objectives for FY 2016, discuss industries. DOE will consider this transfer uranium from its excess
follow-up opportunities and information as part of its analysis to uranium inventory. Specifically, under
engagement with EERE and other DOE determine whether its transfers would section 3112(d)(2)(B) of the USEC
staff as needed to keep Task Force work have an adverse material impact on the Privatization Act (42 U.S.C. 2297h-
moving forward, continue engagement domestic uranium mining, conversion, 10(d)(2)(B)), DOE may make certain
mstockstill on DSK3G9T082PROD with NOTICES

with DOE, EERE and EPSA staff or enrichment industry. transfers of natural or low-enriched
regarding energy efficiency and DATES: DOE will accept comments, data, uranium if the Secretary determines that
renewable energy projects and and information responding to this RFI the transfers ‘‘will not have an adverse
initiatives, and receive updates on submitted on or before August 18, 2016. material impact on the domestic
member activities within their states. ADDRESSES: Interested persons may uranium mining, conversion or
Recap June meeting and follow-up on submit comments by any of the enrichment industry, taking into
action items from that meeting. following methods. account the sales of uranium under the

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Document Created: 2016-07-19 01:11:09
Document Modified: 2016-07-19 01:11:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Request for information (RFI).
Dates		DOE will accept comments, data, and information responding to this RFI submitted on or before August 18, 2016.
Contact		Requests for additional information may be sent to: Ms. Cheryl Moss Herman, U.S. Department of Energy, Office of Nuclear Energy, Mailstop B-409, 19901 Germantown Rd., Germantown, MD 20874-1290. Phone: (301) 903-1788. Email: [email protected]
FR Citation		81 FR 46917