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Federal Register / Vol. 86, No. 145 / Monday, August 2, 2021 / Notices impair the national security as defined in Section 232. An economically viable and secure supply of U.S.-sourced uranium is required for national defense needs. International obligations, including agreements with foreign partners under Section 123 of the Atomic Energy Act of 1954, govern the use of most imported uranium and generally restrict it to peaceful, nonexplosive uses. As a result, uranium used for military purposes must generally be domestically produced from mining through the fuel fabrication process. Furthermore, the predictable maintenance and support of U.S. critical infrastructure, especially the electric power grid, depends on a diverse supply of uranium, which includes U.S.-sourced uranium products and services.

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The Secretary further recognizes that the U.S. uranium industrys financial and production posture has significantly deteriorated since the Departments 1989 Report. That investigation noted that U.S. nuclear power utilities imported 51.1 percent of their uranium requirements in 1987. By 2018, imports had increased to 93.3 percent of those utilities annual requirements. Based on comprehensive 2019 industry data provided by U.S. uranium producers and U.S. nuclear electric power utilities to the Department in response to a mandatory survey, U.S. utilities usage of U.S. mined uranium has dropped to nearly zero. TEXT REDACTED Based on the current and projected state of the U.S. uranium industry, the Department has concluded that the U.S. uranium industry is unable to satisfy existing or future national security needs or respond to a national security emergency requiring a significant
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increase in domestic uranium production.
Absent immediate action, closures of the few remaining U.S. uranium mining, milling, and conversion facilities are anticipated within the next few years.
Further decreases in U.S. uranium production and capacity, including domestic fuel fabrication, will cause even higher levels of U.S. dependence on imports, especially from Russia, Kazakhstan, Uzbekistan, and China.
Increased imports from SOEs in those countries, and in particular Russia and China, which the 2017 National Security Strategy noted present a direct challenge to U.S. influence, are detrimental to the national security.154
The high risk of loss of the remaining U.S. domestic uranium industry, if the present excessive level of imports continue, threatens to impair the national security as defined by Section 232.
The Secretary has determined that to remove the threat of impairment to national security, it is necessary to reduce imports of uranium to a level that enables U.S. uranium producers to return to an economically competitive and financially viable position. This will allow the industry to sustain production capacity, hire and maintain a skilled workforce, make needed capital expenditures, and perform necessary research and development activities. A modest reduction of uranium imports will allow for the revival of U.S. uranium mining and milling, the restart of the sole U.S.
uranium converter, and a reduction in 154 U.S. White House Office. National Security Strategy of the United States of America.
Washington, DC: 2017, 2 https
www.whitehouse.gov/wp-content/uploads/2017/12/
NSS-Final-12-18-2017-0905-2.pdf.

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import challenges to fuel fabricators, while also recognizing the market and pricing challenges confronting the U.S.
nuclear power utilities.
Recommendation Due to the threat to the national security, as defined in Section 232, from excessive uranium imports, the Secretary recommends that the President take immediate action by adjusting the level of these imports through implementation of an import waiver to achieve a phased-in reduction of uranium imports. The reduction in imports of uranium should be sufficient to enable U.S. producers to recapture and sustain a market share of U.S.
uranium consumption that will allow for financial viability, and enable the maintenance of a skilled workforce and the production capacity and uranium output needed for national defense and critical infrastructure requirements. The reduction imposed should be sufficient to enable U.S. producers to eventually supply 25 percent of U.S. utilities uranium needs based on 2018 U.S. U308
concentrate annual consumption requirements.
Based on the survey responses, the Department has determined that U.S.
uranium producers require an amount equivalent to 25 percent of U.S. nuclear power utilities 2018 annual U308
concentrate consumption to ensure financial viability. Based on the Departments analysis, if U.S.-mined uranium supplied 25 percent of U.S.
nuclear power utilities annual U308
concentrate consumption, U.S. uranium prices will increase to approximately $55 per pound see Figure 71. The current spot price is low due to distortions from SOEs.

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