Office of Public Affairs | Antitrust Division Approves Department of Energy Defense Production Act Consortium’s Updated Voluntary Agreement and Plans of Action

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Today, the Justice Department’s Antitrust Division, after consulting with the Federal Trade Commission (FTC), published approvals for the U.S. Department of Energy (DOE) Defense Production Act (DPA) Consortium’s updated Voluntary Agreement and related Plans of Action.

“The Defense Production Act is a powerful tool for addressing issues related to our nation’s defense and preparedness programs. We look forward to working with our DOE colleagues to achieve the DPA Consortium’s goals of energy independence and reliable access to fuel America’s energy dominance,” said Acting Assistant Attorney General Omeed A. Assefi of the Justice Department’s Antitrust Division. “We applaud the domestic nuclear energy companies involved in the DPA Consortium for their efforts to assist the United States in strengthening the nuclear industrial base while staying within the bounds of antitrust law.”

“The Consortium’s work comes at a pivotal time for nuclear energy growth in our country,” said Assistant Secretary of Nuclear Energy Ted Garrish. “I’m pleased with the dedication of the Committee and am looking forward to rapid progress on near term goals to achieve a robust American-made supply of nuclear fuel.”

In accordance with President Trump’s Executive Order, Reinvigorating the Nuclear Industrial Base, these agreements between U.S. nuclear energy companies take affirmative steps to increase domestic fuel availability, provide increased access to reliable power, and end America’s reliance on foreign sources of enriched uranium and critical materials. The agreements will allow America’s domestic industry to work together to ensure that the capacity for the nuclear fuel supply chain – including mining and milling, conversion, enrichment, deconversion, fabrication, recycling and reprocessing – is available to enable the continued reliable operation of the nation’s reactors.

DPA Section 708 authorizes industry to enter into agreements necessary to meet national defense requirements. There is a limited antitrust defense available for actions taken to develop or carry out these approved agreements. The Justice Department will be leading efforts with FTC and DOE to continue to monitor the DOE DPA Consortium in its implementation of the approved Voluntary Agreement and Plans of Action.

For more information, please visit DOE’s DPA Consortium project page.



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