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374 facts · 512 sources · updated 2026-09-30

Fact gov-002

newrecordconfirmed What the DPA pact means for public records: meetings noticed in the Federal Register, trade secrets withheld
2026-07-06 · gov-002 · U.S. Department of Energy, Valar Atomics

The same agreement (gov-001) sets its own openness rules. Records kept under DOE's rule for these agreements (10 CFR 821) are 'available for public inspection and copying' unless exempt as classified, statutorily protected or trade-secret/confidential business information, and DOE says it will withhold participants' trade secrets and confidential commercial information from FOIA and may restrict attendance at meetings to protect them. The Chairperson (the Assistant Secretary for Nuclear Energy) must publish a Federal Register notice of each Consortium meeting, in advance if open, or within 10 days with reasons if closed; public notice is promised as each participant joins or withdraws, and the participant list is to be published in the Federal Register every year. Each participant must keep all records of its dealings under the agreement for five years and produce them to DOE, the Attorney General and the FTC on request. Direct sharing of competitively sensitive information among companies is limited to 'Exigent Circumstances' and supervised by DOJ and FTC. The detailed work happens in committees, and the agreement says all committee-level meetings 'will be closed by default'; DOE says it will aim to publish monthly committee schedules, with summaries and participation reports, in the Federal Register.

In plain termsBecause this pact lets competitors talk to each other with a legal shield, the law requires some sunshine: meetings must be announced in the Federal Register, and the member list is published yearly. But the committee meetings where the detailed work is done are closed by default, and business secrets shared under the pact can be kept from the public. For anyone following Valar, this means its role in the fuel-supply group can be tracked through future Federal Register notices, while the details it hands DOE will mostly stay confidential.
verified 2026-09-29: Re-read 2026-09-29: records, FOIA, meeting-notice and five-year retention clauses hold. Fixed: added that committee-level meetings are closed by default, which the earlier wording left out and which limits the 'sunshine' the plain field described.

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