Market Fuel Use Plan Gets DOE Nod Under DPA
Published Date: 8/10/2026
Notice
Summary
On October 23, 2025, the Department of Energy held a public meeting to discuss the development of voluntary agreements and plans of action under the Defense Production Act. As part of that meeting, a draft voluntary agreement was released to the accompanying docket and published in the Federal Register for comment. This notice publishes the plan of action for the Market-Integrated Fuel Utilization Committee under the "Nuclear Fuel Cycle Consortium" Voluntary Agreement, approved by the Secretary of Energy, after consultation by the Attorney General and Chairman of the Federal Trade Commission.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Antitrust Defense for Plan Participants
If your company joins this Plan, you may use the antitrust defense in Defense Production Act (DPA) subsection 708(j) for actions taken in the course of developing or carrying out this Plan, provided you fully comply with DPA section 708 and act under DOE direction and active supervision. That defense is not available for actions after the Plan ends or for actions beyond the Plan's scope, and the participant must be able to prove the defense elements.
60-Day Reports on Funding and AFAP
Within 60 days, the Committee must submit a report to DOE that includes a quantitative roadmap for a federal value-based compensation model and may outline an "Advanced Fuel Availability Program" (AFAP). The report will evaluate funding approaches, including possible use of Nuclear Waste Fund accrued interest or congressional appropriations to capitalize the program.
Protection and Limits for Competitively Sensitive Info
Information you provide that is labeled Competitively Sensitive Information (CSI) is treated as CSI under the Voluntary Agreement, with exceptions for information that is publicly available, already in DOE's lawful possession from another source, or independently developed without using the CSI. If CSI must be disclosed by law, the CSI label remains attached to portions not made public.
Membership Participation Rules and Penalties
Committee members must meet participation requirements defined as attendance at no less than 75% of scheduled meetings and timely submission of accepted deliverables. Failure to meet these requirements may lead to suspension of membership privileges, loss of voting rights, and removal from the Committee.
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Key Dates
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Previous / Next Documents
Previous: 2026-16224, Plan of Action Under the Defense Production Act (Human Mobilization Committee)
On October 23, 2025, the Department of Energy held a public meeting to discuss the development of voluntary agreements and plans of action under the Defense Production Act. As part of that meeting, a draft voluntary agreement was released to the accompanying docket and published in the Federal Register for comment. This notice publishes the plan of action for the Human Mobilization Committee under the "Nuclear Fuel Cycle Consortium" Voluntary Agreement, approved by the Secretary of Energy, after consultation by the Attorney General and Chairman of the Federal Trade Commission.
Next: 2026-16226, Plan of Action Under the Defense Production Act (Material Sufficiency Committee)
On October 23, 2025, the Department of Energy held a public meeting to discuss the development of voluntary agreements and plans of action under the Defense Production Act. As part of that meeting, a draft voluntary agreement was released to the accompanying docket and published in the Federal Register for comment. This notice publishes the plan of action for the Material Sufficiency Committee under the "Nuclear Fuel Cycle Consortium" Voluntary Agreement, approved by the Secretary of Energy, after consultation by the Attorney General and Chairman of the Federal Trade Commission.