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U.S. DEPARTMENT OF ENERGY ORDER National Nuclear Security Administration DOE O 410.2 Office of Nuclear Materials Integration Approved 8-17-09 MANAGEMENT OF NUCLEAR MATERIALS 1. PURPOSE. To establish requirements for the life-cycle management of DOE-owned and/or - managed accountable nuclear materials. 2. CANCELLATION. DOE O 5660.1B, Management of Nuclear Materials, dated 05-26-94. Cancellation of a directive does not, by itself, modify or otherwise affect any contractual obligation to comply with the directive. Contractor requirements documents (CRDs) that have been incorporated into or attached to a contract remain in effect until the contract is modified to either eliminate requirements that are no longer applicable or to substitute a new set of requirements. 3. APPLICABILITY. a. DOE Elements. Except for the exclusions in paragraph 3c, this Order applies to all DOE elements, including the National Nuclear Security Administration (NNSA), involved in the oversight, use, and/or life cycle management of accountable nuclear materials, comprising americium-241, americium-243, californium, curium, deuterium, enriched lithium, neptunium-237, plutonium-238, plutonium-239-241, plutonium-242, thorium, tritium, depleted uranium, normal uranium, enriched uranium, and uranium-233. (Go to http://www.directives.doe.gov/pdfs/reftools/org-list.pd f for the most current listing of Departmental elements.) The Administrator of the NNSA will assure that NNSA employees and contractors comply with their respective responsibilities under this Order. Nothing in this Order will be construed to interfere with the NNSA Administrator’s authority under section 3212(d) of Public Law (P.L.) 106-65 to establish Administration-specific policies, unless disapproved by the Secretary. In accordance with the responsibilities and authorities assigned by Executive Order 12344, codified at 50 USC Sections 2406 and 2511 and to ensure consistency throughout the joint Navy/DOE Naval Nuclear Propulsion Program, the Deputy Administrator for Naval Reactors (Director) will implement and oversee requirements and practices pertaining to this Directive for activities under the Director’s cognizance, as deemed appropriate. b. DOE Contractors. Except for the exclusions in paragraph 3c, the CRD, Attachment 1, sets forth requirements that are intended to apply to facilities management contracts. The CRD must be included in contracts that have responsibility for the oversight, use, and/or life cycle management of accountable nuclear materials listed in paragraph 3.a. above. c. Exclusions. The following organizations are excluded from the scope of this order to avoid duplicative or conflicting requirements. (1) Department of Defense or foreign entities that manage DOE-owned materials located at non-DOE facilities. (2) Organizations managing DOE non-accountable nuclear materials in accordance with DOE waste regulations. (3) Nuclear Regulatory Commission (NRC) licensees with DOE-owned materials located at NRC licensed facilities. (4) DOE Power Marketing Administrations. 4. REQUIREMENTS. This Order outlines procedural requirements and responsibilities that apply to all DOE elements involved in the oversight, use, and/or lifecycle management of accountable nuclear materials as defined in paragraph 3a. Nuclear materials management must be performed in compliance with this Order. a. Material Forecast and Allotment Reporting. (1) Material Allotment Forecasts. Material allotment five-year forecasts must be provided for applicable nuclear material quantities related to programmatic requirements; transfers related to material ownership, material disposition, mutual defense agreements, research reactors and foreign and domestic customers, or to a commercial processor for recovery or down-blending; changes in status related to down-blending of national security highly enriched uranium (HEU) or isotopic down-blending of weapons-grade plutonium; consumption of any very highly enriched uranium (VHEU) or very low tritium content heavy water; or other materials as identified in the allotment forecast guidance. The Office of Nuclear Materials Integration (ONMI) is authorized to amend or exempt this requirement for specific nuclear materials or DOE sites as appropriate. (2) Material Allotments. Based on the forecast, material allotments must be issued by the ONMI to provide approval for a specific quantity of nuclear material for a specific purpose for the designated fiscal year. The following four-year projections of programmatic requirements must be provided to facilitate planning and material preparation activities. b. Nuclear Materials Management Plans (NMMPs). DOE field elements must prepare annual NMMPs for all applicable nuclear materials unless otherwise amended or exempted in the annual guidance provided by the ONMI. As requested by the ONMI, lead material management organizations (LMMOs) must prepare material-specific management plans for their designated nuclear materials. c. Inventory Assessments. Each DOE field element responsible for nuclear materials defined in paragraph 3a of this Order must prepare an annual Nuclear Material Inventory Assessment (NMIA) Report unless otherwise amended or exempted in the annual guidance provided by the ONMI. d. Inventory Management. All DOE headquarters organizations and field elements engaged in the management of nuclear material inventories must facilitate the establishment of project numbers, provide for safe and secure packaging, storage, stabilization, and consolidation or disposition of the materials, categorize materials as Defined Use/No Defined Use, and effectively manage Restricted Use and National Asset materials under their jurisdiction. e. National Strategic Plan for Management of DOE Nuclear Materials. The ONMI must coordinate with the Nuclear Materials Advisory Board to prepare a national strategic plan for nuclear materials management every three years. The national strategic plan must identify the availability of nuclear materials to meet DOE and customer requirements; identify excess nuclear materials and associated consolidation or disposition plans; identify facility and material requirements and consolidation or disposition strategies; identify technologies and core competencies; describe facility and resource management utilization and/or replacement, including end-of-life and capital equipment requirements; and describe the status of compliance with applicable requirements, as well as plans for achieving compliance, as appropriate. 5. RESPONSIBILITIES. a. DOE Headquarters Organizations, including NNSA, that Manage Any of the Specified Nuclear Materials. (1) Oversee nuclear materials management activities under their control with the support and cooperation of the Office of Nuclear Materials Integration (ONMI), and DOE field elements. (2) Approve designation of the DOE headquarters organization, or of a DOE field element for which it is responsible, as the lead materials management organization (LMMO) for specific nuclear material(s). Approval will be the responsibility of the Program Secretarial Officer. (3) Identify and provide to appropriate DOE field elements programmatic requirements for the use of nuclear materials to meet DOE goals and objectives and conserve strategic or unique nuclear materials resources. (4) Ensure that nuclear materials inventories are justified, optimized, and available to meet programmatic needs. (5) Ensure accurate characterization and safe and secure packaging, storage, stabilization, and consolidation or disposition of nuclear materials in accordance with programmatic requirements and consistent with DOE policy and guidance. (6) Coordinate management and consolidation or disposition plans with the ONMI and other DOE headquarters organizations to which this Order is applicable, including plans for loan/lease materials under its control. (7) Integrate nuclear materials production and utilization programs and activities and coordinate requirements with the ONMI and other DOE headquarters organizations to which this Order applies to ensure a consistent approach to managing nuclear materials. (8) Provide guidance to DOE field elements to facilitate the effective management of DOE nuclear materials for which the DOE headquarters organization is responsible. (9) Coordinate changes in program ownership of nuclear materials with other DOE headquarters organizations and the ONMI. (10) Identify nuclear materials liabilities and assets, and acknowledge them on the DOE’s financial statements. (11) Coordinate the development and reporting of nuclear materials integration and consolidation or disposition performance metrics to the ONMI. (12) Provide programmatic requirements to the DOE field elements to support timely preparation of material allotment forecasts. (13) Support the ONMI in the review of the DOE field elements’ nuclear materials allotment forecasts, and resolve any issues between programs and sites by September 1 each year. (14) Provide programmatic requirements to the DOE field element to support timely preparation of NMMPs. (15) As requested by the ONMI, review site-specific NMMPs, material-specific management plans, and the national strategic plan for nuclear materials management as they relate to materials under the control of the DOE headquarters organization. (16) Communicate restrictions regarding the use of nuclear materials governed by agreements or obligations to the ONMI and the DOE field elements. (17) Approve requests for change of designation of Restricted Use materials in coordination with the ONMI and applicable DOE field elements. (18) Oversee the management and storage of National Asset materials assigned by the Office of the Secretary and the Administrator of NNSA. (19) Identify and recommend analytical studies to the ONMI. Review analytical study results as appropriate and provide comments to the ONMI. Authorize implementation of analytical study recommendations as appropriate. Analytical studies of interest only to a specific program would be identified and performed by the appropriate DOE headquarters organization. (20) Serve as the Lead Material Management Organization (LMMO) for designated nuclear materials if requested by the ONMI to ensure that integrated processes and procedures are developed and implemented for management and consolidation or disposition of each designed nuclear material. b. DOE Headquarters Organization Senior Representative for Nuclear Materials Management Issues. (1) Serves as primary point of contact on nuclear materials management issues. (2) Facilitates the performance of the organization’s nuclear materials management responsibilities. (3) Serve on a Nuclear Materials Advisory Board to coordinate nuclear materials management activities with the ONMI and other DOE headquarters organizations. c. Office of Nuclear Materials Integration (ONMI). The ONMI is established to facilitate greater integration of nuclear material management activities within DOE/NNSA. In carrying out its mission the ONMI must coordinate with other DOE headquarters organizations. That coordination will primarily be implemented through the Nuclear Materials Advisory Board (NMAB), which includes senior level representative from each of the DOE headquarters organizations that manage any of the specified nuclear materials. With the advice and council of the NMAB, ONMI must: (1) Develops and issues nuclear materials management policy and guidance. (2) Designate a DOE headquarters organization or field element as the Lead Materials Management Organization (LMMO) for specific nuclear material(s), as warranted, in coordination with other appropriate DOE headquarters organizations and field elements. (3) Supports and integrates DOE activities for consolidation or disposition of nuclear materials. (4) Maintains and reports materials consolidation or disposition planning and performance data. (5) Develops Department-wide policy and guidance regarding nuclear materials management, safe and secure packaging, storage, stabilization, and consolidation or disposition to conserve resources and optimize operational effectiveness. (6) Assesses the adequacy of facilities and processes on a DOE complex-wide level to support nuclear materials management, storage, and consolidation or disposition objectives and makes recommendations for improvements as warranted. (7) Integrates anticipated needs for nuclear materials across the DOE complex as reported to the ONMI by the DOE headquarters organizations and monitors the availability and inventory of nuclear materials relative to the need. (8) Evaluates resources and facility capabilities, as necessary, to identify integration opportunities and recommends changes in nuclear materials management policy and plans to the Office of the Secretary and senior management. (9) Organizes and leads the Nuclear Materials Advisory Board. (10) Supports the integration of planning for nuclear materials management and compliance with the National Environmental Policy Act (NEPA). (11) Identifies the need for NEPA reviews regarding nuclear materials management initiatives and coordinates related NEPA compliance activities with the Office of the General Counsel. (12) Provides NMMP guidance by March 31 each year or provides guidance for special NMMP requests in sufficient time to facilitate preparation of the NMMP. Provides guidance to the LMMOs for material- specific management plans. (13) Reviews and integrates the site NMMPs and material- specific management plans. (14) Identifies issues from the NMMPs and the material- specific management plans, evaluates alternatives, and makes recommendations to the DOE headquarters organizations. (15) Every three years (or more frequently, as warranted), coordinates with DOE headquarters organizations the development of a national strategic plan for the management of DOE nuclear materials. (16) Identifies, prioritizes, and commissions analytical studies, as needed, on issues that impact multiple sites or organizations or that impact the coordination and integration of nuclear materials management on a complex-wide level. (a) Provides guidance and instructions for performing analytical studies. (b) Reviews and comments on analytical studies prepared by the DOE field elements, contractors, and DOE headquarters organizations and coordinates review by the Nuclear Materials Advisory Board and others as appropriate. (c) Provides results of analytical studies to appropriate DOE headquarters organizations and field elements. (d) Recommends implementation of study results as appropriate. (17) Identifies and recommends designation of National Asset materials to enable retention and continued availability of items that have no immediate programmatic use and no DOE headquarters organization owner, but that may have future use and are unique or costly to replace. (18) Submits National Asset materials designations to the Office of the Secretary or the Administrator of NNSA for approval and assignment to an appropriate DOE headquarters organization. (19) Develops and maintains an integrated Department level nuclear materials consolidation or disposition plan that optimizes Department resources, provides meaningful performance metrics, and supports the Department’s budget and planning processes. (20) Manages the Nuclear Materials Inventory Assessment (NMIA) process by issuing detailed guidance for the DOE field elements’ submissions of NMIA data by August 31 each year, collects and consolidates the data, maintains and protects data integrity, and provides selected data to authorized users in consultation with the other DOE headquarters organizations or field elements. (21) Reviews site NMIA submissions for consistency and accuracy and provides feedback to the DOE field elements by June 30 each year. Provides material-specific NMIA data to applicable DOE headquarters organizations and LMMOs by June 30 each year. (22) Provides detailed guidance for site preparation of other inventory reports to the appropriate DOE field elements as required. (23) Reconciles issues regarding other inventory reports within 90 days after receipt and communicates to the appropriate DOE headquarters organizations and field elements. (24) Manages the declared excess and the Surplus Fissile Materials Baseline (SFMB) and associated change control processes in coordination with the Office of Defense Nuclear Nonproliferation (NN), Office of Defense Programs (DP), Office of Environmental Management (EM), and other DOE offices. (25) Issues guidance to all applicable DOE field elements no later than April 15 each year for the preparation of nuclear materials allotment forecasts, with a copy to applicable DOE headquarters organizations. (26) Coordinates review of all DOE field elements’ nuclear materials allotment forecasts with appropriate DOE headquarters organizations, LMMOs, or other DOE customers, as necessary, and resolves any issues by September 1 each year. (27) Issues material allotments to DOE field elements by September 15 each year by formal written letters identifying the materials, quantities, and justification for use during the designated year. (28) Provides four-year projections of programmatic requirements to the DOE field elements to facilitate planning and material preparation activities. (29) Coordinates with the Office of Health, Safety and Security or their designee [for example, the Nuclear Materials Management and Safeguards System (NMMSS) operating contractor] and the appropriate DOE headquarters organizations to designate project numbers for DOE-owned or DOE-managed nuclear materials. (30) Assists the Office of Health, Safety and Security in establishing and maintaining a process to assign project numbers consistently throughout the DOE complex. (31) Annually (or more frequently, as warranted) reports the status of nuclear materials consolidation or disposition activities, including planning period milestones, compliance with applicable requirements, and current integration issues, to the DOE Under Secretaries and others, as appropriate. (32) Reviews and evaluates the justification for retention of materials designated as Defined Use and the disposition plans for materials designated as No Defined Use. (33) Provides guidance to DOE field elements as required for Defined Use and No Defined Use materials. (34) Implements change control procedures for Restricted Use materials through DOE field elements in coordination with the appropriate DOE headquarters organization and in compliance with applicable agreements or obligations. (35) Coordinates management and disposition of Restricted Use materials with the appropriate DOE headquarters organization. (36) Provides guidance to DOE field elements regarding nuclear material discard limits in coordination with appropriate DOE headquarters organizations. d. Office of Defense Nuclear Nonproliferation. In addition to the responsibilities identified in paragraph 5a, must: (1) Oversee the disposition of declared surplus fissile materials (make them “non-weapons-usable”) in support of U.S. nonproliferation goals, assisted by other DOE headquarters organizations, as appropriate. (2) Coordinate with international organizations regarding safeguards and other verification protocols and policies for the disposition of declared surplus fissile material. (3) Coordinate with the ONMI and other DOE headquarters organizations, as appropriate, regarding activities related to declared surplus fissile materials to ensure consistency in management plans and disposition activities. (4) Coordinate DOE receipt and management of nuclear materials that are removed from domestic or international custody for security or nonproliferation purposes. e. Office of Naval Reactors. In addition to the responsibilities identified in paragraph 5a, must oversee all policies and practices pertaining to this Order for activities under its cognizance, in accordance with the responsibilities and authorities assigned by Executive Order 12344, codified at 50 USC Sections 2406 and 2511 and to ensure consistency throughout the joint Navy/DOE Naval Nuclear Propulsion Program, the Deputy Administrator for Naval Reactors (Director) will implement and oversee requirements and practices pertaining to this Directive for activities under the Director’s cognizance, as deemed appropriate. f. Office of Nuclear Energy. In addition to the responsibilities identified in paragraph 5a, must assess the impact of a sale or transfer of DOE natural or low-enriched uranium on the domestic uranium mining, conversion or enrichment industries consistent with applicable law. g. Office of Science. In addition to the responsibilities identified in paragraph 5a, must designate the Office of Nuclear Physics to provide management functions and interfaces to DOE programs and offices for Isotope Development and Production for Research and Applications Program. h. Office of Health, Safety and Security. In addition to the responsibilities identified in paragraph 5a, must: (1) Establish and maintain a process to assign project numbers consistently throughout the DOE complex including a change process to ensure that project numbers in NMMSS are consistent with valid budget and reporting (B&R) codes established by the DOE Chief Financial Officer. (2) Update project numbers requested by the DOE field elements for the upcoming fiscal year effective October 1 each year. (3) In consultation with the ONMI and pertinent DOE headquarters organizations and field elements, provide DOE-accountable nuclear materials inventory data to internal and external stakeholders to support nuclear materials management program objectives. i. Nuclear Materials Advisory Board. Consists of a senior representative from each DOE headquarters organization that manages nuclear materials and functional experts from other DOE organizations as determined by the Director of ONMI and must: (1) Serve as the primary working-level interface between the ONMI and DOE headquarters organizations. (2) Provide advice and counsel to the ONMI regarding nuclear materials management policy guidance, planning, integration, and consolidation or disposition. (3) Provide advice and counsel to the ONMI in the performance of its mission. (4) Review, evaluate, and advise on nuclear materials management policy and guidance developed by the ONMI to supplement this Order. (5) Support integrated program planning activities by the ONMI, including development of a national strategic plan every three years (or more frequently, as warranted), performance and/or review of analytical studies, and other planning activities as appropriate. (6) Review, evaluate, and advise on annual nuclear materials management plans and reports submitted to or managed by the ONMI, including NMMPs, allotment forecasts and allotments, and NMIA reports as appropriate. j. DOE Field Elements that Manage Nuclear Materials. With the support of site/facility contractors, must: (1) Designate DOE field element senior representatives to serve as primary points of contact on nuclear materials issues, facilitate the performance of nuclear materials management responsibilities, and coordinate nuclear materials management activities with the ONMI and appropriate DOE headquarters organizations. (2) Implement management activities under their jurisdiction in conformance with the requirements of this Order to ensure safe and secure packaging, storage, stabilization, and consolidation or disposition of nuclear materials. (3) Document and maintain characterization data to support management of nuclear materials under their jurisdiction. Request guidance and support, as appropriate, from the ONMI and/or the designated LMMO for consolidation or disposition of nuclear materials. (4) Approve discard limits established or recommended by the contractor for disposal of low equity or waste nuclear materials based on guidance from the ONMI. (For government-owned nuclear material at Nuclear Regulatory Commission-licensee facilities, the approval of discard limits is the responsibility of the Nuclear Regulatory Commission.) (5) Prepare and submit Nuclear Materials Allotment Forecast Reports by June 15 each year for their respective sites in response to guidance from the ONMI and in accordance with programmatic requirements from applicable DOE headquarters organizations. (6) Receive material allotments from the ONMI prior to utilization of nuclear materials. DOE field elements may approve material allotments for limited quantities of nuclear material based on guidance from the ONMI. (7) Prepare and submit NMIA data by January 31 each year in response to guidance from the ONMI. (8) Prepare and submit other inventory reports as requested by the ONMI. (9) Prepare and submit NMMPs at their respective sites by June 30, using the prior fiscal year NMIA data, in response to guidance from the ONMI. (10) As requested by the ONMI, review materials-specific management plans, and the national strategic plan regarding nuclear materials under their control. (11) Approve Defined Use or No Defined Use designation for all materials at sites under the field element’s control. Provide justification in the NMMP for materials designated as Defined Use at sites under the field element’s control. Develop disposition plans or options for materials designated as No Defined Use and provide recommendations to the ONMI. (12) Ensure transfer of nuclear materials as directed by the responsible DOE program office for production, research and development, consolidation or disposition, and other purposes. (13) Serve as the Lead Materials Management Organization (LMMO) for designated nuclear materials if requested by the ONMI to ensure that integrated processes and procedures are developed and implemented for management and consolidation or disposition of each designated nuclear material. (14) Conduct or contribute to complex-wide analytical studies and plans in response to guidance from the ONMI and DOE headquarters organizations. (15) In coordination with the cognizant DOE headquarters organizations and the Office of Health, Safety and Security, provide site-specific nuclear materials inventory data to authorized external stakeholders. (16) Evaluate nuclear material liabilities and assets for acknowledgement on the Department’s financial statements. (17) Provide facility landlord and infrastructure support to materials management activities located at sites under the DOE field element’s control. (18) Coordinate with the ONMI and appropriate DOE headquarters organizations to ensure that project numbers for nuclear materials are established, reported, and deactivated in accordance with guidance from the ONMI. (19) Annually review and direct the update of project numbers to reflect budget and reporting (B&R) code changes for the upcoming fiscal year by October 1 each year. (20) Coordinate operation of isotope production, distribution, and sales program for designated nuclear materials in cooperation with the Office of Science. (21) In coordination with appropriate DOE headquarters organizations, support the development and reporting of nuclear materials integration and consolidation or disposition performance metrics to ONMI. k. Lead Materials Management Organization (LMMO). A DOE Headquarters organization or field element designated by the ONMI in coordination with other appropriate DOE headquarters organizations and field elements to integrate and coordinate the management of a designated nuclear material(s), as assigned. For its assigned nuclear material(s) the LMMO, consistent with guidance and direction from the ONMI, must: (1) Implement and administer a program to integrate and coordinate planning for the production, stabilization, recovery, management, storage, consolidation, or disposition of designated nuclear material(s). (2) Review DOE field elements’ material allotment forecasts, validate programmatic requirements with responsible DOE headquarters organizations, and coordinate with the ONMI to resolve any issues. Provide consolidated material allotment forecast report for their designated materials to the ONMI by July 31. (3) Prepare material-specific management plans if requested by the ONMI. Review site NMMPs for assigned material(s). If requested by the ONMI, review national strategic plan with respect to assigned material(s). (4) Evaluate storage and disposition options for technical feasibility, cost-effectiveness, and support of programmatic requirements. (5) Develop storage and disposition recommendations for materials with no defined use in coordination with the appropriate DOE field elements, headquarters organizations, and the ONMI. (6) Facilitate review of site plans for acceptance, retention, use, or disposition of Defined Use and No Defined Use materials. (7) Coordinate evaluation of disposition opportunities for No Defined Use materials prepared by sites and programs. (8) Execute sales contracts and loan/lease agreements. (9) Facilitate the recovery, storage, and consolidation or disposition of nuclear material from U.S. colleges/universities and other domestic and foreign private entities or government agencies that possess DOE-owned or U.S.-origin nuclear materials obtained under DOE contract or loan/lease agreement. Likewise, facilitate the recovery, storage, and consolidation or disposition of non-U.S.-origin nuclear materials provided to DOE by mutual agreement for management or disposition. (10) Conduct or review and evaluate analytical studies related to their assigned material(s) and prepare plans for implementation of results as appropriate. (11) Coordinate, procure, and make settlement for non-DOE-owned nuclear materials that are required to meet DOE’s programmatic needs or mission. (12) Monitor and ensure that DOE-owned nuclear material inventories are effectively utilized, including Restricted Use and National Asset materials. (13) Supplement DOE’s requirements for programmatic nuclear material by coordinating the recovery of excess or scrap nuclear material. Execute contracts for commercial processing as required. l. Chief Financial Officer must: (1) Acknowledge assets and liabilities of nuclear materials on the Department’s financial statements. The CFO will consult with the Office of Nuclear Energy regarding the market value of nuclear materials. (2) Provide the ONMI, DOE headquarters organizations, and DOE field elements a listing of B&R code changes for the upcoming fiscal year. m. Contracting Officer. Once notified that this Order is applicable, incorporates the CRD (Attachment 1) into affected contracts. 6. REFERENCES. a. DOE O 470.4A, Safeguards and Security Program, dated 5-25-07, which establishes the roles and responsibilities for Safeguards and Security for nuclear materials. b. DOE M 470.4-6 Chg 1, Nuclear Material Control and Accountability, dated 8-26-05, which prescribes requirements and procedures for the Nuclear Material Control and Accountability Program. c. DOE M 441.1-1, Nuclear Material Packaging Manual, dated 3-7-08, which provides criteria for packaging nuclear materials. d. DOE O 534.1B, Accounting, dated 1-6-03, which prescribes the requirements and responsibilities for accounting and financial management. e. Memorandum of Agreement for Control of Surplus Highly Enriched Uranium (HEU) and Plutonium (Pu), May 18, 2000. [Authorized by Nuclear Weapons Council, approved by the President, concurrence by DP, NN, the Office of Nuclear Energy and Technology (NE), and EM.] f. Memorandum of Agreement for Implementation and Control of Surplus Highly Enriched Uranium (HEU) Removed from Use of Fissile Material for Nuclear Weapons, March 1, 2006. (Concurrence by NN, DP, NR, and NE.) g. P.L. 83-703, Atomic Energy Act of 1954, as amended codified at 42U.S.C. §§ 2011-2286i, 2297f-2297g-4. h. DOE N 234.1, Reporting of Radioactive Sealed Sources, which establishes DOE requirements for inventory reporting of sealed sources that contain nuclear materials. 7. DEFINITIONS. Definitions of commonly used terms are provided in Attachment 6. 8. NECESSITY FINDING STATEMENT. DOE hereby finds that this Order is necessary for the protection of human health and the environment or safety, fulfillment of current legal requirements, and conduct of critical administrative functions. 9. CONTACT. Questions concerning this Order should be addressed to the Office of Nuclear Materials Integration (OMNI), 202- 586-5272. BY ORDER OF THE SECRETARY OF ENERGY: DANIEL PONEMAN Deputy Secretary ATTACHMENT 1. CONTRACTOR REQUIREMENTS DOCUMENT DOE O 410.2, MANAGEMENT OF NUCLEAR MATERIALS This contractor requirements document (CRD) establishes the requirements for Department of Energy (DOE) and National Nuclear Security Administration (NNSA) contractors awarded contracts involving the management of nuclear materials. Regardless of the performer of the work, the contractor is responsible for complying with the requirements of this CRD and flowing down CRD requirements to subcontractors at any tier to the extent necessary to ensure contractor compliance. As directed by the contracting officer, the contractor must meet the following requirements: 1. Designate a senior representative to serve as the contractor’s primary point of contact on nuclear materials issues, facilitate the performance of nuclear materials management responsibilities, and coordinate nuclear materials management activities with their responsible DOE field element, the Office of Nuclear Materials Integration (ONMI), and appropriate DOE headquarters organizations. 2. Conduct nuclear materials management activities in such a manner as to ensure the safe and secure packaging, storage, stabilization, and consolidation or disposition of nuclear materials as directed by the responsible DOE field element. 3. Prepare and submit Nuclear Materials Allotment Forecast Reports for their site by June 15 each year, in accordance with Section 2 of Attachment 3 and guidance from their responsible DOE field element and the ONMI. 4. Receive material allotments from the ONMI through the DOE field element prior to utilization of nuclear materials. DOE field elements may approve material allotments for limited quantities of nuclear materials based on guidance from the ONMI. 5. Prepare NMMP for materials under their control in accordance with Section 2 of Attachment 4 and programmatic requirements from applicable DOE headquarters organizations. Submit to the ONMI through the responsible DOE field element by June 30 each year using the prior fiscal year’s Nuclear Material Inventory Assessment (NMIA) data. 6. Through the responsible DOE field element, submit to the ONMI by January 31 each year, an NMIA based on inventories as of September 30 of the prior year. 7. Submit data for other inventory reports as requested by the responsible DOE field element and the ONMI. 8. Transfer nuclear materials as provided in the DOE programmatic guidance for production, research and development, consolidation or disposition, and other purposes. 9. Support their responsible DOE field element in the operation and management of Lead Materials Management Organizations (LMMOs) as may be assigned for designated nuclear materials to ensure that integrated processes and procedures are developed and implemented for management and consolidation or disposition of each designated nuclear material. 10. Conduct or contribute to analytical studies and plans in response to guidance from their responsible DOE field element, the ONMI, and DOE headquarters organizations. 11. As directed by their responsible DOE field element and in coordination with the cognizant DOE headquarters organizations and the Office of Health, Safety and Security, provide site-specific nuclear materials inventory data to authorized external stakeholders. 12. As directed by their responsible DOE field element, evaluate nuclear material liabilities and assets for acknowledgment on the Department’s financial statements. 13. As directed by their responsible DOE field element, coordinate with appropriate DOE headquarters organizations to ensure that project numbers for nuclear materials are established, reported, and deactivated in accordance with guidance from the ONMI. Update project numbers to reflect B&R code changes for the upcoming fiscal year by October 1. 14. As directed by their responsible DOE field element and in coordination with appropriate DOE headquarters organizations, support the development and reporting of nuclear materials integration and consolidation or disposition performance metrics to the ONMI. 15. Document and maintain characterization data to support safe management, storage, consolidation, and disposition of nuclear materials. Request guidance and support, as appropriate, from the responsible DOE field element for consolidation or disposition of nuclear materials. 16. Recommend Defined Use or No Defined Use designations for all materials under its control. Provide justification in the Nuclear Materials Management Plan (NMMP) for materials designated as Defined Use under its control. Develop disposition plans or options for materials designated as No Defined Use and provide recommendations to the responsible DOE field element and the ONMI. 17. Manage Restricted Use materials according to the restrictions in governing agreements or obligations. 18. Manage and store National Asset materials, as assigned. ATTACHMENT 2. CALENDAR OF EVENTS FOR SIGNIFICANT ACTIONS Projected Action Month-Day 1-31 DOE field elements provide NMIA report to the ONMI. 3-31 The ONMI provides guidance to the DOE field elements for NMMP preparation. 4-15 The ONMI provides guidance to the DOE field elements for preparation of the nuclear materials allotment forecast. 6-15 DOE field elements provide allotment forecast report to the appropriate LMMOs and to the ONMI. 6-30 The ONMI completes the NMIA and provides feedback to the DOE field elements and material specific data to appropriate DOE headquarters organizations and LMMOs. 6-30 DOE field elements provide NMMP to the ONMI. 7-31 LMMOs, as designated, provide consolidated allotment forecast report for their assigned materials to the ONMI and appropriate DOE headquarters organizations. 8-31 The ONMI provides guidance to the DOE field elements for NMIA preparation. 9-1 DOE headquarters organizations and the ONMI review the DOE field element allotment forecasts and resolve any issues between programs and sites regarding the Forecast. 9-15 The ONMI issues Allotments to the DOE field elements prior to the utilization of nuclear materials. 9-30 Applicable LMMOs, as designated, issue Material-Specific Management Plans for their assigned materials upon request by the ONMI. 10-1 DOE field elements ensure all project numbers are updated to reflect valid B&R codes. ATTACHMENT 3. MATERIAL FORECAST AND ALLOTMENT REPORTING 1. GENERAL. The utilization of nuclear materials involves major expenditures and long lead times. The objective of the material allotment forecast is to document anticipated programmatic actions related to nuclear materials, and to request DOE headquarters’ allotment for the utilization of a quantity of nuclear materials in DOE programs and for other DOE customers. The five-year material allotment forecast report complements, but does not replace the need for shipping and receiving projections, the supply and demand analyses included in NMMPs, or other longer-range studies of nuclear materials requirements. The objective of material allotments is to provide approval for the DOE field element’s use of nuclear materials for a specific purpose. The material allotments will provide approval for the designated fiscal year. The following four- year projections of programmatic requirements will be provided for the purpose of facilitating planning and material preparation activities. 2. PREPARATION OF MATERIAL ALLOTMENT FORECASTS. Material allotment forecasts will be submitted in a format provided in annual guidance and will include projections for the next five years (the upcoming fiscal year plus four). Unless otherwise amended or exempted in the ONMI’s annual guidance, material allotment forecasts must include the following: a. Requests for a quantity of material to support programmatic requirements. b. Transfers of nuclear materials that must be forecast are: (1) Transfers of material ownership between DOE programs (both intra-site and inter-site), such as transfers from DP to naval reactors (NR). (2) Transfers of material into a material disposition program or project. (3) Transfers related to mutual defense agreements between the U.S. and other countries. (4) Transfers related to research reactors and foreign and domestic customers. (5) Transfers of material to a commercial processor for recovery or down-blending. c. Procurements of nuclear materials. d. Changes in status of nuclear materials that must be forecast are: (1) Down-blending of national security HEU. (2) Isotopic blending of weapons-grade plutonium to produce a non-weapons grade assay. (3) Consumption of any VHEU (>94% U-235). (4) Consumption of any very low tritium content heavy water (<0.00005 microcuries tritium/milliliter). 3. ISSUANCE OF MATERIAL ALLOTMENTS. The ONMI will provide written approval to the DOE field elements for transfers related to mutual defense, research reactors, and foreign and domestic customers, down-blending of national security HEU and conversion of plutonium to a non-weapons usable form, consumption of VHEU or low tritium content heavy water, or use of other materials as identified in the allotment forecast guidance for the designated fiscal year. The subsequent four year projections of programmatic requirements will be provided to facilitate planning and material preparation activities. An explanation will be provided by the ONMI when annual material allotments differ from the field element’s submitted material allotment forecast. Changes to material allotments for the designated year may be requested by the DOE field elements and formally approved by the ONMI if the quantities utilized, or projected to be utilized, exceed original material allotments. ATTACHMENT 4. MATERIALS MANAGEMENT PLANS (MMPS) 1. GENERAL. Materials management planning requires annual evaluations of current and projected mission needs; material characterization/identification; material packaging, storage, and disposition; and impacts on site and DOE operations and budgets. The efficient utilization of resources to meet DOE objectives requires an understanding of site-specific, materials-specific, and complex-wide perspectives. This attachment provides direction for the uniform preparation of the field NMMP, materials-specific management plans, and a national strategic plan for nuclear materials management. 2. SITE NUCLEAR MATERIALS MANAGEMENT PLANS (NMMPs). a. NMMPs will cover nuclear materials activities for the current year and a minimum of 15 years. b. Plans will address. (1) Site inventory, including projected shipments and receipts, and any off-site inventory for which the site is responsible. (2) Program requirements that reflect supply and demand analysis. (3) Justification for retention of Defined Use materials. (4) Status of disposition and processing plans for No Defined Use materials. (5) Identification of Restricted Use materials. (6) Technical considerations, including facility capabilities, utilization, and the need for new production, processing, and storage facilities. (7) Packaging and shipping projections and resources. (8) Barriers, issues, integration opportunities, accomplishments and recommendations. 3. MATERIAL-SPECIFIC MANAGEMENT PLANS. If requested by the ONMI, material-specific management plans will be developed for assigned nuclear materials by the applicable LMMO based on requirements determined by the ONMI in coordination with appropriate DOE headquarters organizations. These material-specific management plans may use information provided in the NMMPs. Unresolved issues will be addressed in the following year’s management plans. If requested, material-specific management plans will be required annually by September 30 for materials designated by the ONMI. 4. DOE NATIONAL STRATEGIC PLAN FOR MANAGEMENT OF NUCLEAR MATERIALS. The ONMI and the Nuclear Materials Advisory Board will coordinate the development of a national strategic plan for nuclear materials management. The national strategic plan will integrate key features of the site NMMPs and material-specific plans, as appropriate. It will identify material and infrastructure requirements, issues, and integration opportunities and recommend alternatives for future action. ATTACHMENT 5. INVENTORY MANAGEMENT 1. GENERAL. This attachment provides additional information related to the management of nuclear material inventories, including project numbers, storage and disposition, Defined Use/No Defined Use materials, Restricted Use materials, and National Asset materials. 2. PROJECT NUMBERS. Nuclear materials under the jurisdiction of this Order will be categorized using the assignment of an appropriate project number to each inventory record. DOE field elements will ensure project numbers are established for all DOE-owned nuclear materials under their control. Project numbers identify the DOE headquarters organizations and field elements with programmatic responsibility and allow sites to consistently manage nuclear materials based on material characteristics, programmatic requirements, classification, and other considerations such as budget and reporting (B&R) codes. Project numbers will be consistent with B&R codes found on the US DOE Office of the Chief Financial Officer web site, http://www.cfo.doe.gov/, to allow DOE headquarters organizations to identify and evaluate funding needs for nuclear materials management. 3. STORAGE AND DISPOSITION. Storage and disposition are major functions required to implement life cycle management of nuclear materials. At least annually, and consistent with guidance from ONMI, DOE headquarters organizations that manage any of the special nuclear materials the responsible DOE Field element, nuclear materials will be evaluated for future use, storage, or disposition. a. Storage methods and systems will comply with DOE Orders, standards, criteria, and facility-specific authorization bases. Storage consolidation for improved security and cost effectiveness will be considered in nuclear materials management planning. Characterization data will be linked to existing nuclear material packages to assure safe storage and/or shipment. Detailed packaging requirements are found in DOE M 441.1-1, Nuclear Material Packaging Manual. (Additional guidance may be provided by the ONMI.) b. Disposition is the process of preparing for and/or placing nuclear materials in their life-cycle end state. Disposition is essential for sites to support ongoing and future nuclear materials missions by removing unneeded materials. Disposition may include consumption in DOE or non-DOE programs, transfer or sale to domestic or foreign programs, or disposal as waste. 4. DEFINED USE/NO DEFINED USE MATERIALS. Sites will categorize all nuclear materials as Defined Use or No Defined Use based on programmatic requirements and guidance from DOE headquarters organizations to identify materials available to meet mission needs, determine storage requirements, and support disposition planning. This information is collected annually in the NMIA. a. Defined Use materials are nuclear materials that are actively being used by a program or being held for future programmatic use including strategic reserve and National Asset materials. Defined Use may also include materials that require processing or materials suitable for storage that are compatible with the site’s mission(s). b. No Defined Use materials are nuclear materials that are not actively being used by any program and not being held for future programmatic use. No Defined Use may include materials that are being stabilized for discard, materials that may require processing, or materials suitable for storage pending future disposition. 5. RESTRICTED USE MATERIALS. Restricted Use materials are nuclear materials that are governed by domestic or foreign agreements or obligations that restrict the reuse of the materials for specific purposes, most commonly restricting nuclear materials from utilization in nuclear weapons programs. Examples include, but are not limited to: a. Foreign Obligation Materials are nuclear materials received or returned from foreign entities that are governed by processing/use restrictions. Bulk Special Nuclear Material (SNM) or tritium may be governed by restrictions on the use of the materials in nuclear weapons programs. b. International Atomic Energy Agency (IAEA) Safeguarded Materials are specific nuclear materials that have been offered for safeguarding by the IAEA. In general, restrictions are imposed only on the total quantities declared by the U.S. for current or potential future safeguarding. c. Excess/Surplus Material Declarations are quantities of HEU and plutonium that the U.S. declared to be permanently unavailable for nuclear weapons programs. This includes the Surplus Fissile Materials Baseline for the 1994 Declarations and the 2005 Excess HEU Declaration. Future declarations of withdrawals from national security weapons programs will follow similar guidelines. 6. NATIONAL ASSET MATERIALS. The designation of National Asset materials will be recommended by the ONMI, approved by the Office of the Secretary and the Administrator of NNSA, and assigned to an appropriate DOE headquarters organization for management and storage. National Asset materials may be so designated even though they have no immediate programmatic use, because they are judged to have potential future use and because they are unique or costly to replace. This designation is established to enable retention and continued availability of such materials. ATTACHMENT 6. DEFINITIONS The following definitions are provided for the purpose of defining the use and meaning of certain words and terms as they apply to this Order and Attachments. 1. Accountable Nuclear Material. Nuclear materials as defined in DOE M 470.4-6, Nuclear Material Control and Accountability, Table I-1. 2. Canned Subassembly. Complete hermetically-sealed weapons component. 3. Consolidation. Reconfiguration of nuclear materials storage within the DOE Complex to improve security and cost-effectiveness, and for other appropriate reasons as determined by DOE. 4. Defined Use. Nuclear material that is actively being used by a DOE program or being held for future programmatic use including strategic reserve and National Asset materials. Defined Use may also include material that may require processing or material suitable for storage that is compatible with the site’s mission(s). 5. Depleted Uranium. Uranium containing less of the fissile isotope uranium-235 than the naturally occurring distribution of uranium isotopes (less than 0.71 percent by weight). 6. Discard Limit. A threshold quantity of nuclear material below which the material may be discarded as waste. The discard limit for a specific nuclear material may be a function of the material quantity, form, concentration, location, and other factors. 7. Disposal. Emplacement of waste in a manner that assures isolation from the biosphere with little or no maintenance and with little or no intent of retrieval, and which requires deliberate and detectable action to gain access after emplacement. 8. Disposition. The process of preparing for and/or placing nuclear materials in their life-cycle end state. Disposition may include consumption in DOE or non-DOE programs, transfer or sale to domestic or foreign programs, storage, or disposal as waste. 9. Down-blending. Intimate mixing of enriched uranium or plutonium with blend material to reduce the enrichment of the product material. 10. Enriched Uranium. Uranium containing a higher concentration of the fissile isotope 11. U-235 than normal uranium (i.e., higher than 0.71 percent U- 235). 12. Excess. Fissile materials that have been declared under U.S. policy to be permanently withdrawn from use in nuclear weapons, or nuclear materials that have been approved by a DOE headquarters organization to be withdrawn from use in national security weapons-related activities. 13. 2005 Excess Declaration – E05. Approximately 200 metric tons of HEU removed from any future use as fissile material for nuclear warheads in October 2005. This is in addition to the approximately 174.3 metric tons of HEU included in Surplus Fissile Material – S94. 14. Excess to National Security. Nuclear materials that are no longer needed to support current or future national security requirements. 15. Field Element. Includes all of the DOE-designated operations offices, site offices, and other offices such as the Naval Reactors Laboratory Field Offices. 16. Fissile Material. Material capable of undergoing fission by interaction with slow neutrons (uranium-233, uranium-235, plutonium-239, and plutonium-241). 17. Foreign Obligation. Nuclear materials from foreign entities that are governed by processing/use restrictions. 18. Headquarters Organization. Includes all DOE or NNSA headquarters organizations, whether programmatic or administrative. 19. Highly Enriched Uranium. Uranium enriched to at least 20 percent by weight in the fissile isotope uranium-235. 20. International Atomic Energy Agency (IAEA). A United Nations agency established in 1957 to promote the peaceful use of nuclear energy and to inhibit its use for military purposes. DOE interacts with IAEA on U.S. application of specific IAEA programs and initiatives. 21. Irradiated Nuclear Material. Nuclear material that has been subjected to a form of nuclear irradiation that consequently delivers an external radiation dose requiring special containment and handling. 22. Lead Materials Management Organization (LMMO). A DOE headquarters organization or field element designated by ONMI to develop plans, integrate, conduct special studies, and coordinate the management, safe and secure packaging, storage, stabilization, and consolidation or disposition of a specific nuclear material(s). 23. Life-cycle Management. All activities related to the acquisition/production, general characterization, utilization, recycle, storage, and disposition of DOE-owned or DOE-managed accountable nuclear materials. 24. Low Enriched Uranium. Uranium enriched to less than 20 percent by weight in the fissile isotope uranium-235. 25. Material Allotments. Quantities of nuclear materials that have received DOE headquarters’ approval for a DOE field element to utilize such materials for a specific purpose or to dispose of such materials. 26. Material Allotment Forecasts. Projections of nuclear material requirements, transfers, or change in status for existing and planned project use or disposition. 27. Material Management Plans. Periodic evaluations of current and projected mission needs; material characterization/identification; material packaging, storage, and disposition; and impacts on site and DOE operations and budgets. The three levels of material management plans addressed in this Order include; Nuclear Material Management Plans to be prepared by the sites, Material – Specific Management Plans to be prepared by the applicable LMMO, and DOE National Strategic Plan for Management of Nuclear Material to be prepared by the ONMI and the NMAB. 28. National Asset Material. A nuclear material that has no current programmatic use but that is judged to be unique or difficult to reproduce, and that is set aside because of a significant chance that it will be required for future programmatic use. 29. National Environmental Policy Act (NEPA). A United States statute that was signed into law on January 1, 1970, to establish a national policy for the environment, to provide for the establishment of a Council on Environmental Quality, and for other purposes. This Act may be cited as the National Environmental Policy Act of 1969. 30. National Security Materials. Nuclear materials, including Strategic Reserves, which are designated for use by the NNSA for weapons-related or Naval Reactors support. [As a result of the 2005 Excess Declaration (E05), Naval Reactor support will come from excess (E05) material in the future.] 31. Natural Uranium. Uranium as found in nature containing about 0.71 percent of the fissile isotope U-235. 32. No Defined Use. Nuclear material that is not actively being used by a DOE program and not being held for future programmatic use. 33. Non-DOE-Owned. Nuclear material not owned by DOE; e.g., material owned by a commercial firm or another government agency. 34. Normal Uranium. Uranium containing about 0.71 percent of the fissile isotope uranium-235 by weight. Normal uranium may include uranium as found in nature (natural uranium) and uranium reconstituted to have the same uranium-235 concentration as natural uranium. 35. Nuclear Materials. A collective term for materials so designated in this Order. For information, these materials are americium-241, americium-243, californium, curium, deuterium, enriched lithium, neptunium-237, plutonium-238, plutonium-239-241, plutonium-242, thorium, tritium, depleted uranium, normal uranium, enriched uranium, and uranium-233. 36. Nuclear Materials Advisory Board. DOE headquarters-level board organized and led by the ONMI and consisting of a senior representative from each DOE headquarters organization that manages nuclear materials and other functional experts as determined by the Director of the ONMI. 37. Nuclear Materials Management and Safeguards System (NMMSS). The national database and information support system for nuclear materials regulated by the U.S. Government, created to support national safeguards and management objectives in the domestic and foreign utilization of nuclear resources. The system stores data on nuclear material transactions and inventories, and produces a wide range of reports. 38. Office of Nuclear Materials Integration. Newly established office in NNSA responsible for nuclear materials management policy, guidance, and integration of DOE complex-wide management, consolidation, and/or disposition of nuclear materials. 39. Pit. Complete hermetically-sealed weapons component. 40. Project Number. A 10-character alphanumeric description that identifies nuclear materials for tasks or phases of work assigned to a DOE headquarters organization and field element. 41. Reserve. A quantity of nuclear material set aside for a specific reason, such as a strategic reserve for defense applications or a programmatic reserve for an identified program use. 42. Restricted Use. Nuclear material governed by domestic or foreign agreements or obligations that restrict the use of the material to a specific purpose, most commonly restricting nuclear material from utilization in nuclear weapons. 43. Special Nuclear Material (SNM). Plutonium, uranium-233, uranium enriched in the isotope 235, and any other material, which pursuant to 42 U.S.C. 2071 (Section 51, as amended, of the Atomic Energy Act of 1954), has been determined to be special nuclear material, but does not include source material; or any material artificially enriched by any of the forgoing, not including source material. 44. Spent Nuclear Fuel (SNF). Fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by processing. 45. Storage. The operations by which nuclear material is retained and secured with the intent of retrieval for processing, use, or disposition. 46. Supply and Demand Analysis. Evaluation of current inventory quantity and characteristics against identified program needs, including material for reserves, over a given time frame. These analyses identify potential need for production or acquisition to meet programmatic requirements. 47. Surplus Nuclear Material. Nuclear materials that are excess to national security and have no DOE programmatic use. Surplus Fissile Materials Baseline. A process used to track U.S. policy for the removal of plutonium and HEU from potential use in weapons programs, based on materials quantities declared surplus by the Nuclear Weapons Council in 1994. A similar process is also applied to separate tracking and reconciliation for additional excess materials declared at later dates, including a 2005 declaration of additional HEU and future U.S. declarations. 48. Surplus Fissile Material – S94. Over 200 metric tons of fissile material declared surplus by the Nuclear Weapons Council in 1994. 49. Unirradiated Nuclear Material. Nuclear material that has not been irradiated in a nuclear reactor or accelerator, or if it has been irradiated, its contact dose does not exceed 10 millirem per hour. 50. Very Highly Enriched Uranium. Uranium enriched to more than 94 percent, by weight, in the fissile isotope uranium-235. 51. Waste. Radioactive solid, liquid, or gaseous material of negligible programmatic and/or economic value and having a documented waste declaration. 52. Weapons-Grade Plutonium. Plutonium containing less than 7 percent, by weight, of the isotope plutonium-240 and not qualifying for tracking as plutonium-238 or plutonium-242. A similar, but separate definition is used in certain international nonproliferation activities, where the boundary is raised to less than a ratio of 0.10 between isotopes plutonium-240 and plutonium-239. ATTACHMENT 7. ACRONYMS B&R budget and reporting CFO Chief Financial Officer CRD Contractor Requirements Document DP Office of Defense Programs DOE Department of Energy EM Office of Environmental Management HEU highly enriched uranium IAEA International Atomic Energy Agency LEU low enriched uranium LMMO Lead Materials Management Organization MMP Materials Management Plan NE Office of Nuclear Energy NEPA National Environmental Policy Act NN Office of Nuclear Nonproliferation NNSA National Nuclear Security Administration NMIA Nuclear Materials Inventory Assessment NMMP Nuclear Materials Management Plan NMMSS Nuclear Materials Management and Safeguards System NR Office of Naval Reactors NRC Nuclear Regulatory Commission ONMI Office of Nuclear Materials Integration SC Office of Science SFMB Surplus Fissile Materials Baseline SNF Spent Nuclear Fuel SNM special nuclear materials VHEU very highly enriched uranium