What is the difference between natural uranium and dirty laundry? The Laundromat throws the dirty water away while the enricher keeps the depleted uranium. That makes doing the laundry a service while EURODIF keeping the tails makes them a producer of LEU (as opposed to a provider of enrichment services, which I’ve always called them). Strangely enough, I agree with the ruling written by Justice Souter:

A customer who comes to a laundry with cash and dirty shirts is clearly purchasing cleaning services, not clean shirts. And a customer who provides cash and sand to a manufacturer of generic silicon processors is clearly buying chips rather than sand enhancement services. … But the line blurs when the facts get more complicated.

As I mentioned in my post on uranium enrichment, the customers of “enrichment service providers”—as they style themselves—don’t, in general, want the tails returned to them. It costs money to store and to convert back from UF6 to something more storable; neither of which do the nuclear power plants want to bother with. It seems from the Court ruling that if the enrichers dumped the tails down the drain they would be providing a service. Instead, they are taking ownership of the natural uranium, removing an enriched fraction from it, and selling that product to the nuclear power plant. As a final proof, URENCO, at least, has sold some its tails to Russia for further enrichment, demonstrating that the enrichers consider the natural uranium their own. (This, of course, begs the question why the nuclear power plants bear the total cost of supplying natural uranium to the enrichers, or at least that is my understanding. Anyone know for certain?)

Several readers of that post commented on the megatons to megawatts deal with Russia (which I will refer to as the “HEU deal”) and pointed out that as that deal comes to an end, there will be an increased demand for enrichment capability. That, of course, is absolutely true. But the HEU deal doesn’t really have to come to an end. USEC, however, is apparently using the details of the HEU deal to force Russia to sell them the blended down uranium at low prices. In fact, the US managed to word the deal so that they only pay Russia for the separative work units to make the equivalent amount of LEU. They are, in other words, getting the uranium for free. (TENEX, the Russian corporation set up to handle this deal is, by the Supreme Court’s ruling, clearly a service provider.) This is why Russia is not delirious about continuing the deal. So it seems a bit rich for USEC to be suing EURODIF about dumping on the US market.