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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices enrichment, and fuel fabrication services that produce uranium products for export from the United States. A U.S.
milling, conversion, enrichment, or fuel fabricator seeking to import uranium from an SOE country for use to produce uranium products for export would need to file appropriate documentation with the Department to obtain a waiver for the import of such uranium for export.
The Secretary believes that this option to impose a zero quota for imports of uranium from SOE countries, while continuing to allow unrestricted importation of uranium from Canada, Australia, and EURATOM member countries based on their security and economic relationships with the United States, should address the threatened impairment of U.S. national security.
This would be accomplished by promoting the economic revival of the U.S. uranium industry, so long as there is not significant transshipment or reprocessing of SOE country uranium through these unrestricted countries.
The Department will monitor these unrestricted imports to ensure there is not significant transshipment, reprocessing, or book transfers from SOE countries to unrestricted countries in an attempt to circumvent and undermine the U.S. uranium producers ability to provide 25 percent of U.S.
annual U308 concentrate consumption.
Many companies in unrestricted countries supply uranium sourced from SOE countries. Consequently, up to onethird of the materials delivered to U.S.
nuclear power utilities, at this time, are
not sourced directly from the country of import.
Imports of uranium from Russia under a waiver would also be subjected to the Russian Suspension Agreement. This option assumes that such agreement will continue to be in effect over the relevant time period and would apply to any Russian uranium imports by U.S.
nuclear power utilities, thus holding Russian uranium imports to their current level of approximately 20
percent of U.S. enrichment demand. In the event that the Russian Suspension Agreement is not extended and terminates, then the Secretary recommends that a quota on uranium imports under a waiver of Russian Uranium Products as defined in the Russian Suspension Agreement of up to 15 percent of U.S. enrichment demand be imposed. If adopted this quota would be administered by the Department in the same manner as the Russian Suspension Agreement is presently administered.
The adjustment of imports proposed under this option would be in addition to any applicable antidumping or countervailing duties collections.
To complement the proposed trade action, the Secretary recommends that the Federal Energy Regulatory Commission FERC act promptly to ensure that regulated wholesale power market regulations adequately compensate nuclear and other fuelsecure generation resources.
Specifically, FERC should determine whether current market rules, which discriminate against secure nuclear fuel
generation resources in favor of intermittent resources, such as natural gas, solar, and wind, result in unjust, unreasonable, and unduly discriminatory rates that distort energy markets, harm consumers, and undermine electric reliability. If so, FERC should consider taking appropriate action to ensure that rates are just and reasonable.
The Department of Commerce, in consultation with other appropriate departments and agencies, will monitor the status of the U.S. uranium industry and the effectiveness of this remedy and will make recommendations to the President regarding whether it should be modified, extended, or terminated.
Option 2Global Zero Quota This option would establish a zero quota on imports of uranium from all countries until specific conditions are met to enable U.S. producers to supply 25 percent of U.S. nuclear power utilities annual consumption of uranium U308 concentrate. A U.S.
nuclear power utility or other domestic user would be eligible for a waiver to import uranium from any country after submitting appropriate documentation to the Department. In the case of a U.S.
nuclear power utility, the documentation must show that such utility has a contract or contracts to purchase for their consumption on an annual basis not less than the percentage of U.S. produced uranium U308 concentrate shown in the phasein table below.

PERCENT OF ANNUAL U308 CONCENTRATE CONSUMPTION REQUIRED TO BE SOURCED FROM THE U.S.
Year
2020

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Percent of Annual U308 Concentrate Consumption Required to be Sourced from the U.S.

Phased-in incrementally over five years, this option will help facilitate the reopening and expansion of U.S.
uranium mining, milling, and conversion facilities, and will ensure that U.S. uranium producers can make investments required for future financial viability. This option avoids undue financial harm to U.S. nuclear power utilities by affording them sufficient time to adjust their fuel procurement strategies.
The zero quota on uranium imports would not apply to uranium imports for use by U.S. milling, conversion, enrichment, and fuel fabrication services that produce uranium products for export from the United States. A U.S.
milling, conversion, enrichment, or fuel
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fabricator seeking to import uranium for use to produce uranium products for export would need to file appropriate documentation with the Department to obtain a waiver for the import of uranium for export.
The Department will provide adequate time for U.S. industry to receive a waiver prior to a zero quota being implemented globally. Based on information received during the investigation, the Department believes that this option will not cause undue burdens.
The Secretary believes that this option to impose a zero quota for imports of uranium will address the threatened impairment of U.S. national security by promoting the economic revival of the
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2021
5

10

2022
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2023
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U.S. uranium industry. This option also prevents the possibility of transshipment of SOE overproduction through third countries and avoids undue harm to U.S. enrichment and fuel fabrication export operations. These domestic export operations rely on an ability to access working uranium stock regardless of the specific mining origin of a given uranium-based material.
Tennessee Valley Authority TVA
purchases of Canadian UO3 natural uranium diluent in its execution of the National Nuclear Security Administrations current highlyenriched uranium HEU down-blending campaign would be excluded from the zero quota on imports of uranium. In addition, any transfer pursuant to a
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