Fact gov-002
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.
- Implementing Voluntary Agreements Under the Defense Production Act (FR Doc. 2026-13486, 91 FR 40991) (U.S. Department of Energy (Federal Register, via GPO govinfo), 2026-07-06) primary government “The list of Participants will be published annually in the Federal Register.”
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