Kairos Power, LLC; Hermes 2; Environmental Assessment, Finding of No Significant Impact, and Exemptions, 72433-72438 [2024-19914]
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Notices
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[FR Doc. 2024–19897 Filed 9–4–24; 8:45 am]
BILLING CODE 7036–01–P
NEIGHBORHOOD REINVESTMENT
CORPORATION
Sunshine Act Meetings
1:00 p.m., Friday,
September 13, 2024.
TIME AND DATE:
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via ZOOM.
Parts of this meeting will be
open to the public. The rest of the
meeting will be closed to the public.
MATTERS TO BE CONSIDERED: Special
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The General Counsel of the
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permit closure of the following
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• Executive (Closed) Session
PLACE:
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II. Sunshine Act Approval of Executive
(Closed) Session
III. Executive Session: Special Topic
IV. Action Item: Approval of Special
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V. Discussion Item: Overview of
Strategic Planning Process and
Discussion Questions
VI. Discussion Item: Key Themes from
Market Research and Internal Scan
VII. Discussion Item: Emerging Strategic
Focus Areas
VIII. Discussion Item: Next Steps
PORTIONS OPEN TO THE PUBLIC:
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(Closed) Session.
PORTIONS CLOSED TO THE PUBLIC:
Executive (Closed) Session.
CONTACT PERSON FOR MORE INFORMATION:
Jenna Sylvester, Paralegal, (202) 568–
2560; jsylvester@nw.org.
Jenna Sylvester,
Paralegal.
[FR Doc. 2024–20117 Filed 9–3–24; 4:15 pm]
BILLING CODE 7570–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket Nos. 50–611 and 50–612; NRC–
2023–0138]
Kairos Power, LLC; Hermes 2;
Environmental Assessment, Finding of
No Significant Impact, and Exemptions
Nuclear Regulatory
Commission.
ACTION: Notice; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
environmental assessment (EA) and
finding of no significant impact (FONSI)
regarding the NRC’s consideration of
issuance of a construction permit (CP) to
Kairos Power, LLC (Kairos, the
applicant) for the proposed Hermes 2
test reactor facility located in Oak Ridge,
Tennessee. If approved, the CP would
SUMMARY:
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Notices
authorize the construction of two
fluoride-salt cooled, high-temperature
reactors that use solid tri-structural
isotropic fuel in pebble form,
intermediate liquid-sodium loops, and a
common power conversion unit. In
addition, the NRC is issuing exemptions
from certain NRC requirements which
state that the NRC staff shall prepare
and issue an environmental impact
statement (EIS) to support the issuance
of a CP for a testing facility. The NRC
is granting the exemptions and issuing
the EA and FONSI concurrently to
satisfy its obligations under the National
Environmental Policy Act of 1969
(NEPA) and requirements under NRC
regulations, related to the proposed
action.
The EA and FONSI referenced in
this document were available on August
30, 2024. The exemption was issued on
August 30, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2023–0138 when contacting the
NRC about the availability of
information regarding this document.
You may obtain publicly available
information related to this document
using any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2023–0138. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individual listed
in the FOR FURTHER INFORMATION
CONTACT section of this document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, at
301–415–4737, or by email to
PDR.Resource@nrc.gov. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
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except Federal holidays.
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FOR FURTHER INFORMATION CONTACT:
Cayetano Santos Jr., Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
7270; email: Cayetano.Santos@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
On July 14, 2023, Kairos submitted,
pursuant to part 50 of title 10 of the
Code of Federal Regulations (10 CFR),
‘‘Domestic Licensing of Production and
Utilization Facilities,’’ a CP application
for the Hermes 2 test reactor facility (a
‘‘testing facility’’ as defined in 10 CFR
50.2, ‘‘Definitions’’). The application
included an environmental report (ER),
as required by 10 CFR 50.30(f). On
September 11, 2023, the NRC staff
determined that the application was
acceptable for docketing under Docket
Nos. 50–611 and 50–612 (88 FR 63632).
If approved, the Hermes 2 test reactor
facility would be located in Oak Ridge,
Tennessee, and would contain two
fluoride-salt cooled, high-temperature
reactors that use solid tri-structural
isotropic fuel in pebble form,
intermediate liquid-sodium loops, and a
common power conversion unit. The
facility would be collocated on the same
site as the Hermes 1 test reactor, which
was approved for construction on
December 14, 2023. The staff issued the
EIS for the Kairos Hermes 1 CP
application in August 2023, which
determined that the action would result
in SMALL (i.e., not detectable or so
minor that they will neither destabilize
nor noticeably alter any important
attribute of an environmental resource)
impacts for all resource areas.
Section 104 of the Atomic Energy Act
of 1954, as amended, and its
implementing regulations authorize the
NRC to issue CPs for testing facilities.
To issue a CP, the NRC is required to
consider the environmental impacts of
the proposed action under NEPA. The
NRC’s environmental protection
regulations that implement NEPA in 10
CFR part 51 identify actions for which
the NRC prepares an EIS. CPs for test
reactors are an action identified as
requiring an EIS.
However, based on a review of the ER
submitted as part of the CP application
for Hermes 2 and the results of the EIS
issued for Hermes 1, the NRC staff
concluded that it would be prudent to
first prepare a draft EA to determine
whether preparation of an EIS would be
necessary or whether a FONSI could be
issued for the Hermes 2 CP based on
factors unique to the Hermes 2 CP
application. These factors include: (1)
the similar design of Hermes 2 and
Hermes 1, (2) the proposed siting of
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Hermes 2 within a few hundred feet of
Hermes 1, (3) the industrial nature and
heavy prior disturbance of the site, (4)
the recent thorough NEPA review
performed by the staff as published in
its EIS for Hermes 1, and (5) the staff’s
final EIS for Hermes 1 covering the same
site as Hermes 2 and documenting all
impacts as SMALL.
The NRC staff prepared a draft EA for
the Hermes 2 CP application in
accordance with the requirements in 10
CFR 51.30, ‘‘Environmental
assessment.’’ In the draft EA, the NRC
staff analyzed the environmental
impacts of the CP application and
alternatives, as appropriate, and
concluded ‘‘that the potential impacts
from Hermes 2 would be SMALL for
each potentially affected environmental
resource.’’ Based on these results, the
NRC staff prepared a draft FONSI for
public review and comment in
accordance with 10 CFR 51.33, ‘‘Draft
finding of no significant impact;
distribution.’’ The draft FONSI stated
that ‘‘the NRC staff has preliminarily
determined that the proposed action
would not have a significant effect on
the quality of the human environment.’’
The NRC staff issued the draft EA and
draft FONSI in the Federal Register and
offered a 30-day public comment period
(89 FR 32462).
After appropriate consideration of the
public comments, the NRC staff
finalized the EA for the Hermes 2 CP
application, which is summarized in
Section II of this document. Based on
this final EA and in accordance with 10
CFR 51.31(a), ‘‘Determinations based on
environmental assessment,’’ the NRC
has determined that preparation of an
EIS is not necessary for the Hermes 2 CP
application and has prepared a FONSI
in accordance with 10 CFR 51.32,
‘‘Finding of no significant impact.’’ The
FONSI is detailed in Section III of this
document.
As described in Section V of this
document, the NRC staff determined
that exemptions from the regulations in
10 CFR 51.20(b)(1), 10 CFR 51.25, and
10 CFR 51.75(a) are necessary to issue
a final EA and FONSI instead of an EIS
to meet the staff’s obligations under
NEPA and the NRC’s regulations for the
environmental review of the Hermes 2
CP application.1 Pursuant to 10 CFR
51.6, the NRC staff concluded that the
exemptions are authorized by law and
otherwise in the public interest.
1 Memorandum from Daniel H. Dorman,
Executive Director for Operations, to the
Commissioners, dated September 13, 2023,
described the NRC staff’s intent to consider granting
exemptions to implement this environmental
review approach for the Kairos Hermes 2
construction permit application.
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Accordingly, the NRC staff is granting
exemptions from the requirements in 10
CFR 51.20(b)(1), 10 CFR 51.25, and 10
CFR 51.75(a). The exemptions are
discussed in Section V of this
document.
and operation of Hermes 2 also would
provide validation and qualification
data to support potential future
commercial reactors using the Kairos
Power Fluoride Salt-Cooled, High
Temperature Reactor technology.
II. Summary of Environmental
Assessment
Environmental Impacts of the Proposed
Action
In the final EA, the NRC staff assessed
the potential direct and indirect
environmental impacts from the
proposed action associated with the
following relevant resource areas: land
use and visual resources; air quality and
noise; hydrogeology and water
resources; ecological resources; historic
and cultural resources; socioeconomics
and environmental justice; human
health; nonradiological waste
management; uranium fuel cycle and
radiological waste management;
transportation of radioactive material;
and postulated accidents. The NRC staff
also considered the cumulative impacts
from past, present, and reasonably
foreseeable future actions when
combined with the proposed action.
In the final EA, the NRC staff
determined that the environmental
impacts of the proposed action would
be SMALL for each potentially affected
environmental resource, meaning that
the environmental effects are not
detectable or are so minor that they will
neither destabilize nor noticeably alter
any important attribute of the resource.
In addition, the NRC staff determined
that the projected effects of climate
change would not alter any of the
impact determinations described in the
EA. Furthermore, the NRC staff found
that there would be no significant
cumulative impact to any resource area
from the proposed action when added to
other past, present, and reasonably
foreseeable future actions. The NRC staff
also determined that there would be no
additional environmental impacts
resulting from the issuance of the
exemptions.
Description of the Proposed Action and
Need
The proposed action is for the NRC to
issue CPs to Kairos authorizing
construction of the two proposed
Hermes 2 reactors. The NRC issuance of
CPs would constitute authorization for
Kairos to proceed with the construction
of the two Hermes 2 fluoride salt-cooled
test reactors at a site within the East
Tennessee Technology Park in Oak
Ridge, Tennessee. The proposed action
also includes the granting of exemptions
from the requirements in 10 CFR
51.20(b)(1), 10 CFR 51.25, and 10 CFR
51.75(a).
The issuance of a CP is a separate
licensing action from the issuance of an
operating license (OL). If the NRC issues
CPs for Hermes 2 and Kairos were to
seek NRC approval to operate Hermes 2,
then Kairos would have to submit a
separate application for OLs pursuant to
the NRC’s regulations, and Kairos would
have to obtain NRC approval before it
could operate the Hermes 2 test reactors.
The NRC staff would review any
application for an OL for Hermes 2 for
new and significant information related
to the environmental impacts of
operating and decommissioning Hermes
2 that might alter the staff’s conclusions
made in the EA for the CP application.
The need for Hermes 2 is to
demonstrate key elements of the Kairos
Power Fluoride Salt-Cooled, High
Temperature Reactor technology for
possible future commercial deployment.
The technology is an advanced nuclear
reactor technology that leverages tristructural isotropic particle fuel in
pebble form combined with a lowpressure fluoride salt coolant. Hermes 2
would support Kairos’s reactor
development program, which relies on
learning and risk reduction by
narrowing the design space through
progressive test cycles. Construction
Environmental Impacts of the
Alternatives to the Proposed Action
The NRC staff identified a range of
reasonable alternatives to the proposed
action and the environmental impacts of
the alternatives as appropriate. The NRC
staff identified and analyzed the
reasonable alternatives to authorizing
the exemptions as well. The NRC staff
determined that there are no alternatives
that meet the purpose and need for the
proposed action and exemptions that
are environmentally preferrable to the
proposed action and exemptions.
III. Finding of No Significant Impact
The proposed action before the NRC
is whether to issue CPs (one for each
unit) to Kairos to authorize construction
of the two proposed reactors making up
the Hermes 2 project. The proposed
action also includes whether to grant
exemptions from the requirements in 10
CFR 51.20(b)(1), 10 CFR 51.25, and 10
CFR 51.75(a). The NRC has conducted
an environmental review of the Kairos
application for the CPs for the Hermes
2 project as well as the proposed
exemptions and prepared an EA. This
FONSI incorporates by reference the EA
summarized in Section II of this notice
and referenced in Section IV of this
notice. Based on the NRC staff’s
determinations in the EA that the
environmental impacts would be
SMALL for each potentially affected
resource area and there would be no
additional environmental impacts
resulting from the issuance of the
exemptions, the NRC staff has
determined, after consideration of
public comments, that the proposed
action would not have a significant
effect on the quality of the human
environment. Accordingly, the NRC
staff has made a determination that
preparation of an EIS is not required for
the proposed action and that a FONSI is
warranted. This finding and the related
environmental documents referenced
throughout the EA are available for
public inspection as discussed in the EA
and Section IV of this notice.
IV. Availability of Documents
The EA, FONSI, and other related
documents are accessible online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. The documents identified
in the following table are available to
interested persons through ADAMS, as
indicated.
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Document description
ADAMS accession No.
Environmental Assessment and Finding of No Significant Impact for the Construction Permits
and Environmental Review Exemptions for the Kairos Hermes 2 Test Reactors, Final Report,
dated August 2024.
Environmental Assessment and Finding of No Significant Impact for the Construction Permits
for the Kairos Hermes 2 Test Reactors, Draft Report for Comment, dated April 2024.
Kairos Power, LLC—Issuance of Construction Permit for Hermes 1 Test Reactor, dated December 14, 2023.
Kairos Power, LLC, Submittal of the Construction Permit Application for the Hermes 2 Kairos
Power Fluoride Salt-Cooled, High Temperature Non-Power Reactor, dated July 14, 2023.
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Document description
ADAMS accession No.
Kairos Power, LLC, Hermes 2 Non-Power Reactor Environmental Report, dated July 14, 2023
SECY–23–0080, ‘‘Environmental Review Approach for the Kairos Power, LLC, Hermes 2 Construction Permit Application,’’ dated September 13, 2023.
NUREG–2263, ‘‘Environmental Impact Statement for the Construction Permit for the Kairos
Hermes [1] Test Reactor,’’ Final Report, dated August 2023.
V. Exemptions
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Background
In 2021 Kairos submitted a CP
application and ER for the Hermes 1 test
reactor facility in Oak Ridge, Tennessee.
The NRC’s regulations in 10 CFR part 51
implement NEPA, and in accordance
with 10 CFR 51.20(b)(1), the NRC staff
is required to develop an EIS for the
issuance of the CP for a testing facility.
As a result, the NRC staff issued an EIS
for the Kairos Hermes 1 CP application
in August 2023, which determined that
the action would result in SMALL (i.e.,
not detectable or so minor that they will
neither destabilize nor noticeably alter
any important attribute of an
environmental resource) impacts for all
resource areas. On December 14, 2023,
the NRC issued a CP to Kairos for the
Hermes 1 facility.
On July 14, 2023, Kairos filed another
CP application and ER for the Hermes
2 test reactor facility also located in Oak
Ridge, Tennessee. On September 11,
2023, the NRC staff determined that the
Hermes 2 CP application was acceptable
for docketing. If approved, the Hermes
2 test reactor facility would also be
located in Oak Ridge, Tennessee within
a few hundred feet of the site for the
previously approved CP for the Hermes
1 test reactor facility. Hermes 1 is a
single unit test reactor facility while
Hermes 2 is a two-unit facility. Both
Hermes 1 and Hermes 2 would employ
Kairos’s fluoride-salt cooled, hightemperature reactor technology that uses
solid tri-structural isotropic fuel in
pebble form. Hermes 2 would also
include intermediate salt loops and a
common power generation system. The
Hermes 2 facility includes most of the
same structures, systems, and
components as the Hermes 1 facility and
large portions of the Hermes 2
preliminary safety analysis report are
identical to that for Hermes 1.
Action
The regulations in 10 CFR part 51
implement NEPA in a manner that is
consistent with NRC’s domestic
licensing and related regulatory
authority under the Atomic Energy Act
of 1954, as amended, and the Energy
Reorganization Act of 1974, as
amended. The NRC’s environmental
protection regulations that implement
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NEPA in 10 CFR part 51 identify actions
for which the NRC prepares an EIS. CPs
for test reactors are an action identified
as requiring an EIS.
However, based on a review of the ER
submitted as part of the CP application
for Hermes 2 and the results of the EIS
issued for Hermes 1, the NRC staff
concluded that it would be prudent to
first prepare an EA to determine
whether preparation of an EIS would be
necessary or whether a FONSI could be
issued for the Hermes 2 CP based on
factors unique to the Hermes 2 CP
application. On April 26, 2024 (89 FR
32462), the NRC staff issued a draft EA
and draft FONSI and offered a 30-day
public comment period. The NRC staff
finalized the EA for the Hermes 2 CP
application, which is summarized in
Section II of this document. Based on
this final EA and consideration of
public comments, the NRC has
determined that preparation of an EIS is
not necessary for the Hermes 2 CP
application and has prepared a FONSI,
which is detailed in Section III of this
document.
The NRC staff determined that
exemptions from the regulations in 10
CFR 51.20(b)(1), 10 CFR 51.25, and 10
CFR 51.75(a) are necessary to issue a
final EA and FONSI instead of an EIS to
meet the staff’s obligations under NEPA
and the NRC’s regulations for the
environmental review of the Hermes 2
CP application. The regulation in 10
CFR 51.20(b)(1) requires an EIS or a
supplement to an EIS for the issuance of
a permit to construct a testing facility.
Based on the final EA, which is
summarized in Section II of this
document, and in accordance with 10
CFR 51.31(a), the NRC staff has
determined that preparation of an EIS is
not necessary for the Hermes 2 CP
application and has prepared a FONSI,
which is detailed in Section III of this
document. Since the NRC staff is issuing
a FONSI instead of an EIS for the
Hermes 2 CP environmental review, an
exemption from 10 CFR 51.20(b)(1) is
needed.
The regulation in 10 CFR 51.25
requires that the appropriate NRC staff
director determine on the basis of the
criteria and classifications of types of
actions in 10 CFR 51.20, ‘‘Criteria for
and identification of licensing and
regulatory actions requiring
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environmental impact statements,’’
whether an EIS or EA should be
prepared. The NRC staff did not use the
criteria in 10 CFR 51.20 to determine
whether an EIS or EA should be
prepared for the Hermes 2 CP
environmental review. Instead, based on
factors unique to the Hermes 2 CP
application, the NRC staff prepared an
EA to determine whether preparation of
an EIS would be necessary or whether
a FONSI could be issued. Therefore, an
exemption from 10 CFR 51.25 is needed.
The regulation in 10 CFR 51.75(a)
requires preparation of a draft EIS
related to the issuance of a CP for a
production or utilization facility. The
NRC staff prepared an EA for the
Hermes 2 CP environmental review to
determine whether preparation of an
EIS would be necessary or whether a
FONSI could be issued. Since no draft
EIS related to the Hermes 2 CP
environmental review was prepared, an
exemption from 10 CFR 51.75(a) is
needed.
Discussion
Pursuant to 10 CFR 51.6, ‘‘Specific
exemptions,’’ the Commission may,
upon application of any interested
person, or upon its own initiative, grant
exemptions from the requirements of 10
CFR part 51 that it determines are (1)
authorized by law and (2) otherwise in
the public interest.
Exemptions Are Authorized by Law
As discussed as follows, the
exemptions allowing the NRC staff to
issue a final EA and FONSI instead of
an EIS are authorized by law because
the NRC will satisfy its NEPA
obligations by issuing a final EA and
FONSI for the Hermes 2 testing facility,
and the issuance of this final EA and
FONSI will not violate any other
applicable statute or NRC regulation.
NEPA provides flexibility for how the
NRC can satisfy its statutory obligations.
Section 102(2)(C) of NEPA, as amended
by the Fiscal Responsibility Act of 2023,
states that agencies must provide a
‘‘detailed statement’’ for ‘‘major Federal
actions significantly affecting the
quality of the human environment.’’
Section 106(b)(1) of NEPA states that
any agency shall issue an EIS for an
action ‘‘that has a reasonably foreseeable
significant effect on the quality of the
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Notices
human environment.’’ Section 106(b)(2)
states that an agency shall prepare an
EA for an action ‘‘that does not have a
reasonably foreseeable significant effect
on the quality of the human
environment, or if the significance of
such effect is unknown,’’ unless the
agency finds that the proposed action is
excluded pursuant to, among other
things, another provision of law.
Further, Section 106(b)(2) provides that
the EA shall be a concise public
document prepared by a Federal agency
to set forth the basis of such agency’s
finding of no significant impact or
determination that an environmental
impact statement is necessary.
The draft EA for Hermes 2 evaluated
the potential impacts to 11
environmental resources relevant to the
construction, operation, and
decommissioning of the Hermes 2 test
reactor facility. In the draft EA, the NRC
staff incorporated by reference
significant portions of the final EIS for
Hermes 1 based on the following
considerations: (1) the staff’s final EIS
for Hermes 1, which covered the same
site as Hermes 2; (2) the recent
publication of the Hermes 1 final EIS in
2023; and (3) the significant design
similarities between Hermes 2 and
Hermes 1. The draft EA concluded that
the environmental impacts would be
SMALL for each of the 11 potentially
affected resource areas, and that the
proposed action would not have a
significant effect on the quality of the
human environment.
The draft EA and draft FONSI were
issued for public comment over a 30day period beginning on April 26, 2024
(89 FR 32462). The NRC received
comments from multiple Federal, state,
and local agencies, other stakeholders,
and the public. The NRC staff prepared
responses to each comment and
presented the comments and responses
in an appendix to the EA. After
consideration of these public comments,
the NRC staff finalized the EA for the
Hermes 2 CP application. Based on this
final EA and in accordance with 10 CFR
51.31(a), the NRC has determined that
preparation of an EIS is not necessary
for the Hermes 2 CP application and has
prepared a FONSI in accordance with
10 CFR 51.32. The final EA and FONSI
are detailed in Section II and III of this
document, respectively. As such, the
NRC staff concludes that its statutory
obligations under NEPA will be satisfied
by issuance of the final EA and FONSI.
As previously noted, 10 CFR 51.6
allows the NRC to grant exemptions
from the requirements of 10 CFR part
51. The NRC has determined that
granting the proposed exemptions will
not result in a violation of the Atomic
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22:19 Sep 04, 2024
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Energy Act of 1954, as amended, NEPA,
other applicable statutes, or the NRC’s
regulations. Accordingly, the NRC finds
that the exemptions are authorized by
law.
Exemptions Are Otherwise in the Public
Interest
The NRC staff has determined that the
exemptions are in the public interest
because they allow the Commission to
regulate with efficiency and openness in
accordance with the NRC’s ‘‘Principles
of Good Regulation’’ 2 while still
allowing adequate opportunity for
public involvement. Specifically, the
exemptions are in the public interest
because they enhance public confidence
in the NRC by demonstrating the NRC’s
commitment to efficiency and openness
as principles of good regulation. The
NRC’s mission is to regulate the nation’s
civilian use of radioactive materials to
provide reasonable assurance of
adequate protection of public health and
safety and to promote common defense
and security and to protect the
environment. The NRC adheres to its
Principles of Good Regulation in
carrying out this mission. These
principles focus on ensuring safety and
security while appropriately balancing
the interests of NRC’s stakeholders,
including the public interest.
The NRC describes the ‘‘Efficiency’’
principle, in part, as follows:
‘‘Regulatory activities should be
consistent with the degree of risk
reduction they achieve. Where several
effective alternatives are available, the
option, which minimizes the use of
resources should be adopted. Regulatory
decisions should be made without
undue delay.’’ Consistent with the
NRC’s ‘‘Efficiency’’ principle, granting
these exemptions, allows the NRC staff
to ‘‘minimize the use of resources’’ and
make its regulatory decision as
efficiently as possible while still
fulfilling its NEPA obligations through
the issuance of an EA and FONSI. The
NRC staff estimates that the duration of
the Hermes 2 CP environmental review
was reduced by 3 to 6 months compared
to doing an EIS. The time and resource
savings on the environmental review for
the Hermes 2 CP allows the NRC staff
to allocate those resources to
environmental reviews of other
proposed projects, thereby helping the
agency to better fulfill its mission of
protecting people and the environment
in a timely manner.
The exemptions are also in the public
interest because preparation of a draft
EA and draft FONSI for the Hermes 2 CP
in accordance with 10 CFR 51.33 and
2 https://www.nrc.gov/about-nrc/values.html.
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
72437
consideration of public comments
provided adequate opportunity for
public involvement consistent with the
NRC’s ‘‘Openness’’ principle of good
regulation. This principle is described,
in part, as follows: ‘‘Nuclear regulation
is the public’s business, and it must be
transacted publicly and candidly. The
public must be informed about and have
the opportunity to participate in the
regulatory processes as required by
law.’’ The staff determined that a 30-day
public comment period on the draft EA
offered stakeholders an adequate
opportunity to comment on a project on
a site and reactor technology with
which they have recently become
familiarized through the NRC’s
environmental review for Hermes 1.
In accordance with the NRC
regulations in 10 CFR part 51 that
implement NEPA, the NRC staff
considered the environmental impacts
of the construction of the Hermes 1 test
reactor facility by preparing an EIS. The
NRC staff conducted a thorough
environmental review which included
scoping, consultation with Federal
agencies and Tribal officials, an
environmental audit, public meetings,
and a public comment period. These
public involvement opportunities were
used by the staff to support
development of an EIS. In August 2023
the NRC staff issued the EIS for the
Hermes 1 CP application which
determined that the action would result
in SMALL impacts for all resource
areas.
Since the Hermes 1 and Hermes 2 test
reactor facilities are of similar design
and will be located at the same site, the
NRC staff’s decision to prepare an EA
and FONSI for Hermes 2 was informed
by the EIS for Hermes 1, including
public and other stakeholder comments
used to scope the EIS and to finalize the
draft EIS. Substantial portions of the
Hermes 1 EIS, reflecting scoping
comments and comments received on
the draft EIS, were incorporated by
reference into the EA for Hermes 2.
Since the final EIS for Hermes 1 was
issued recently (in August 2023) and
significant portions of it were
incorporated by reference into the EA
for Hermes 2, public involvement in the
Hermes 1 EIS is pertinent to and
reflected in the Hermes 2 EA. The NRC
staff also published the draft EA and
draft FONSI for the Hermes 2 CP
application in the Federal Register in
accordance with 10 CFR 51.33 and
offered a 30-day period for the public to
comment (89 FR 32462, April 26, 2024).
By doing this, the NRC staff preserved
ample opportunity for the public to
remain informed and raise any
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Federal Register / Vol. 89, No. 172 / Thursday, September 5, 2024 / Notices
additional environmental concerns
specific to Hermes 2.
Accordingly, for the previously stated
reasons, the NRC finds that the
exemptions are otherwise in the public
interest.
Environmental Considerations for
Exemptions
In accordance with 10 CFR 51.31(a),
the Commission has determined that the
granting of these exemptions will not
have a significant effect on the quality
of the human environment, as discussed
in the NRC staff’s final EA and FONSI.
A summary of the EA and the detailed
FONSI are located in Sections II and III
of this document, respectively.
khammond on DSKJM1Z7X2PROD with NOTICES
Exemption Conclusion
Accordingly, the NRC has determined
that pursuant to 10 CFR 51.6, that the
exemptions are authorized by law and
otherwise in the public interest.
Therefore, the NRC hereby grants onetime exemptions from the requirements
in 10 CFR 51.20(b)(1), 10 CFR 51.25,
and 10 CFR 51.75(a) to allow the NRC
to issue a final EA and FONSI instead
of an EIS to meet its obligations under
NEPA and the NRC’s regulations for the
environmental review of the Hermes 2
CP application.
The exemptions are effective on
August 30, 2024.
DATES:
Comments are due: September 9,
2024.
Submit comments
electronically via the Commission’s
Filing Online system at https://
www.prc.gov. Those who cannot submit
comments electronically should contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section by
telephone for advice on filing
alternatives.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6820.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Table of Contents
I. Introduction
II. Docketed Proceeding(s)
I. Introduction
The Commission gives notice that the
Postal Service filed request(s) for the
Commission to consider matters related
to negotiated service agreement(s). The
request(s) may propose the addition or
removal of a negotiated service
agreement from the Market Dominant or
the Competitive product list, or the
modification of an existing product
currently appearing on the Market
Dominant or the Competitive product
list.
Section II identifies the docket
number(s) associated with each Postal
Dated: August 30, 2024.
Service request, the title of each Postal
For the Nuclear Regulatory Commission.
Service request, the request’s acceptance
Jeremy Bowen,
date, and the authority cited by the
Director, Division of Advanced Reactors and
Postal Service for each request. For each
Non-power Production and Utilization
request, the Commission appoints an
Facilities, Office of Nuclear Reactor
officer of the Commission to represent
Regulation.
the interests of the general public in the
[FR Doc. 2024–19914 Filed 9–4–24; 8:45 am]
proceeding, pursuant to 39 U.S.C. 505
BILLING CODE 7590–01–P
(Public Representative). Section II also
establishes comment deadline(s)
pertaining to each request.
POSTAL REGULATORY COMMISSION
The public portions of the Postal
[Docket Nos. MC2024–582 and CP2024–590; Service’s request(s) can be accessed via
MC2024–583 and CP2024–591; MC2024–586 the Commission’s website (https://
and CP2024–594; MC2024–587 and CP2024– www.prc.gov). Non-public portions of
595; MC2024–588 and CP2024–596;
the Postal Service’s request(s), if any,
MC2024–589 and CP2024–597; MC2024–590 can be accessed through compliance
and CP2024–598; MC2024–591 and CP2024– with the requirements of 39 CFR
599; MC2024–592 and CP2024–600;
3011.301.1
MC2024–593 and CP2024–601; MC2024–594
The Commission invites comments on
and CP2024–602; MC2024–595 and CP2024–
whether the Postal Service’s request(s)
603; MC2024–596 and CP2024–604]
in the captioned docket(s) are consistent
with the policies of title 39. For
New Postal Products
request(s) that the Postal Service states
AGENCY: Postal Regulatory Commission.
concern Market Dominant product(s),
ACTION: Notice.
applicable statutory and regulatory
requirements include 39 U.S.C. 3622, 39
SUMMARY: The Commission is noticing a
U.S.C. 3642, 39 CFR part 3030, and 39
recent Postal Service filing for the
Commission’s consideration concerning CFR part 3040, subpart B. For request(s)
a negotiated service agreement. This
1 See Docket No. RM2018–3, Order Adopting
notice informs the public of the filing,
Final Rules Relating to Non-Public Information,
invites public comment, and takes other June 27, 2018, Attachment A at 19–22 (Order No.
4679).
administrative steps.
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22:19 Sep 04, 2024
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that the Postal Service states concern
Competitive product(s), applicable
statutory and regulatory requirements
include 39 U.S.C. 3632, 39 U.S.C. 3633,
39 U.S.C. 3642, 39 CFR part 3035, and
39 CFR part 3040, subpart B. Comment
deadline(s) for each request appear in
section II.
II. Docketed Proceeding(s)
1. Docket No(s).: MC2024–582 and
CP2024–590; Filing Title: USPS Request
to Add Priority Mail Express
International, Priority Mail International
& First-Class Package International
Service Contract 44 to Competitive
Product List and Notice of Filing
Materials Under Seal; Filing Acceptance
Date: August 29, 2024; Filing Authority:
39 U.S.C. 3642, 39 CFR 3040.130
through 3040.135, and 39 CFR 3035.105;
Public Representative: Arif Hafiz;
Comments Due: September 9, 2024.
2. Docket No(s).: MC2024–583 and
CP2024–591; Filing Title: USPS Request
to Add Priority Mail Express
International, Priority Mail International
& First-Class Package International
Service Contract 45 to Competitive
Product List and Notice of Filing
Materials Under Seal; Filing Acceptance
Date: August 29, 2024; Filing Authority:
39 U.S.C. 3642, 39 CFR 3040.130
through 3040.135, and 39 CFR 3035.105;
Public Representative: Arif Hafiz;
Comments Due: September 9, 2024.
3. Docket No(s).: MC2024–586 and
CP2024–594; Filing Title: USPS Request
to Add Priority Mail Express, Priority
Mail & USPS Ground Advantage
Contract 273 to Competitive Product
List and Notice of Filing Materials
Under Seal; Filing Acceptance Date:
August 29, 2024; Filing Authority: 39
U.S.C. 3642, 39 CFR 3040.130 through
3040.135, and 39 CFR 3035.105; Public
Representative: Arif Hafiz; Comments
Due: September 9, 2024.
4. Docket No(s).: MC2024–587 and
CP2024–595; Filing Title: USPS Request
to Add Priority Mail Express, Priority
Mail & USPS Ground Advantage
Contract 274 to Competitive Product
List and Notice of Filing Materials
Under Seal; Filing Acceptance Date:
August 29, 2024; Filing Authority: 39
U.S.C. 3642, 39 CFR 3040.130 through
3040.135, and 39 CFR 3035.105; Public
Representative: Almaroof Agoro;
Comments Due: September 9, 2024.
5. Docket No(s).: MC2024–588 and
CP2024–596; Filing Title: USPS Request
to Add Priority Mail Express, Priority
Mail & USPS Ground Advantage
Contract 275 to Competitive Product
List and Notice of Filing Materials
Under Seal; Filing Acceptance Date:
August 29, 2024; Filing Authority: 39
U.S.C. 3642, 39 CFR 3040.130 through
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]]>Agencies
[Federal Register Volume 89, Number 172 (Thursday, September 5, 2024)]
[Notices]
[Pages 72433-72438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19914]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-611 and 50-612; NRC-2023-0138]
Kairos Power, LLC; Hermes 2; Environmental Assessment, Finding of
No Significant Impact, and Exemptions
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
environmental assessment (EA) and finding of no significant impact
(FONSI) regarding the NRC's consideration of issuance of a construction
permit (CP) to Kairos Power, LLC (Kairos, the applicant) for the
proposed Hermes 2 test reactor facility located in Oak Ridge,
Tennessee. If approved, the CP would
[[Page 72434]]
authorize the construction of two fluoride-salt cooled, high-
temperature reactors that use solid tri-structural isotropic fuel in
pebble form, intermediate liquid-sodium loops, and a common power
conversion unit. In addition, the NRC is issuing exemptions from
certain NRC requirements which state that the NRC staff shall prepare
and issue an environmental impact statement (EIS) to support the
issuance of a CP for a testing facility. The NRC is granting the
exemptions and issuing the EA and FONSI concurrently to satisfy its
obligations under the National Environmental Policy Act of 1969 (NEPA)
and requirements under NRC regulations, related to the proposed action.
DATES: The EA and FONSI referenced in this document were available on
August 30, 2024. The exemption was issued on August 30, 2024.
ADDRESSES: Please refer to Docket ID NRC-2023-0138 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0138. Address
questions about Docket IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737,
or by email to [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Cayetano Santos Jr., Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-7270; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
On July 14, 2023, Kairos submitted, pursuant to part 50 of title 10
of the Code of Federal Regulations (10 CFR), ``Domestic Licensing of
Production and Utilization Facilities,'' a CP application for the
Hermes 2 test reactor facility (a ``testing facility'' as defined in 10
CFR 50.2, ``Definitions''). The application included an environmental
report (ER), as required by 10 CFR 50.30(f). On September 11, 2023, the
NRC staff determined that the application was acceptable for docketing
under Docket Nos. 50-611 and 50-612 (88 FR 63632). If approved, the
Hermes 2 test reactor facility would be located in Oak Ridge,
Tennessee, and would contain two fluoride-salt cooled, high-temperature
reactors that use solid tri-structural isotropic fuel in pebble form,
intermediate liquid-sodium loops, and a common power conversion unit.
The facility would be collocated on the same site as the Hermes 1 test
reactor, which was approved for construction on December 14, 2023. The
staff issued the EIS for the Kairos Hermes 1 CP application in August
2023, which determined that the action would result in SMALL (i.e., not
detectable or so minor that they will neither destabilize nor
noticeably alter any important attribute of an environmental resource)
impacts for all resource areas.
Section 104 of the Atomic Energy Act of 1954, as amended, and its
implementing regulations authorize the NRC to issue CPs for testing
facilities. To issue a CP, the NRC is required to consider the
environmental impacts of the proposed action under NEPA. The NRC's
environmental protection regulations that implement NEPA in 10 CFR part
51 identify actions for which the NRC prepares an EIS. CPs for test
reactors are an action identified as requiring an EIS.
However, based on a review of the ER submitted as part of the CP
application for Hermes 2 and the results of the EIS issued for Hermes
1, the NRC staff concluded that it would be prudent to first prepare a
draft EA to determine whether preparation of an EIS would be necessary
or whether a FONSI could be issued for the Hermes 2 CP based on factors
unique to the Hermes 2 CP application. These factors include: (1) the
similar design of Hermes 2 and Hermes 1, (2) the proposed siting of
Hermes 2 within a few hundred feet of Hermes 1, (3) the industrial
nature and heavy prior disturbance of the site, (4) the recent thorough
NEPA review performed by the staff as published in its EIS for Hermes
1, and (5) the staff's final EIS for Hermes 1 covering the same site as
Hermes 2 and documenting all impacts as SMALL.
The NRC staff prepared a draft EA for the Hermes 2 CP application
in accordance with the requirements in 10 CFR 51.30, ``Environmental
assessment.'' In the draft EA, the NRC staff analyzed the environmental
impacts of the CP application and alternatives, as appropriate, and
concluded ``that the potential impacts from Hermes 2 would be SMALL for
each potentially affected environmental resource.'' Based on these
results, the NRC staff prepared a draft FONSI for public review and
comment in accordance with 10 CFR 51.33, ``Draft finding of no
significant impact; distribution.'' The draft FONSI stated that ``the
NRC staff has preliminarily determined that the proposed action would
not have a significant effect on the quality of the human
environment.'' The NRC staff issued the draft EA and draft FONSI in the
Federal Register and offered a 30-day public comment period (89 FR
32462).
After appropriate consideration of the public comments, the NRC
staff finalized the EA for the Hermes 2 CP application, which is
summarized in Section II of this document. Based on this final EA and
in accordance with 10 CFR 51.31(a), ``Determinations based on
environmental assessment,'' the NRC has determined that preparation of
an EIS is not necessary for the Hermes 2 CP application and has
prepared a FONSI in accordance with 10 CFR 51.32, ``Finding of no
significant impact.'' The FONSI is detailed in Section III of this
document.
As described in Section V of this document, the NRC staff
determined that exemptions from the regulations in 10 CFR 51.20(b)(1),
10 CFR 51.25, and 10 CFR 51.75(a) are necessary to issue a final EA and
FONSI instead of an EIS to meet the staff's obligations under NEPA and
the NRC's regulations for the environmental review of the Hermes 2 CP
application.\1\ Pursuant to 10 CFR 51.6, the NRC staff concluded that
the exemptions are authorized by law and otherwise in the public
interest.
[[Page 72435]]
Accordingly, the NRC staff is granting exemptions from the requirements
in 10 CFR 51.20(b)(1), 10 CFR 51.25, and 10 CFR 51.75(a). The
exemptions are discussed in Section V of this document.
---------------------------------------------------------------------------
\1\ Memorandum from Daniel H. Dorman, Executive Director for
Operations, to the Commissioners, dated September 13, 2023,
described the NRC staff's intent to consider granting exemptions to
implement this environmental review approach for the Kairos Hermes 2
construction permit application.
---------------------------------------------------------------------------
II. Summary of Environmental Assessment
Description of the Proposed Action and Need
The proposed action is for the NRC to issue CPs to Kairos
authorizing construction of the two proposed Hermes 2 reactors. The NRC
issuance of CPs would constitute authorization for Kairos to proceed
with the construction of the two Hermes 2 fluoride salt-cooled test
reactors at a site within the East Tennessee Technology Park in Oak
Ridge, Tennessee. The proposed action also includes the granting of
exemptions from the requirements in 10 CFR 51.20(b)(1), 10 CFR 51.25,
and 10 CFR 51.75(a).
The issuance of a CP is a separate licensing action from the
issuance of an operating license (OL). If the NRC issues CPs for Hermes
2 and Kairos were to seek NRC approval to operate Hermes 2, then Kairos
would have to submit a separate application for OLs pursuant to the
NRC's regulations, and Kairos would have to obtain NRC approval before
it could operate the Hermes 2 test reactors. The NRC staff would review
any application for an OL for Hermes 2 for new and significant
information related to the environmental impacts of operating and
decommissioning Hermes 2 that might alter the staff's conclusions made
in the EA for the CP application.
The need for Hermes 2 is to demonstrate key elements of the Kairos
Power Fluoride Salt-Cooled, High Temperature Reactor technology for
possible future commercial deployment. The technology is an advanced
nuclear reactor technology that leverages tri-structural isotropic
particle fuel in pebble form combined with a low-pressure fluoride salt
coolant. Hermes 2 would support Kairos's reactor development program,
which relies on learning and risk reduction by narrowing the design
space through progressive test cycles. Construction and operation of
Hermes 2 also would provide validation and qualification data to
support potential future commercial reactors using the Kairos Power
Fluoride Salt-Cooled, High Temperature Reactor technology.
Environmental Impacts of the Proposed Action
In the final EA, the NRC staff assessed the potential direct and
indirect environmental impacts from the proposed action associated with
the following relevant resource areas: land use and visual resources;
air quality and noise; hydrogeology and water resources; ecological
resources; historic and cultural resources; socioeconomics and
environmental justice; human health; nonradiological waste management;
uranium fuel cycle and radiological waste management; transportation of
radioactive material; and postulated accidents. The NRC staff also
considered the cumulative impacts from past, present, and reasonably
foreseeable future actions when combined with the proposed action.
In the final EA, the NRC staff determined that the environmental
impacts of the proposed action would be SMALL for each potentially
affected environmental resource, meaning that the environmental effects
are not detectable or are so minor that they will neither destabilize
nor noticeably alter any important attribute of the resource. In
addition, the NRC staff determined that the projected effects of
climate change would not alter any of the impact determinations
described in the EA. Furthermore, the NRC staff found that there would
be no significant cumulative impact to any resource area from the
proposed action when added to other past, present, and reasonably
foreseeable future actions. The NRC staff also determined that there
would be no additional environmental impacts resulting from the
issuance of the exemptions.
Environmental Impacts of the Alternatives to the Proposed Action
The NRC staff identified a range of reasonable alternatives to the
proposed action and the environmental impacts of the alternatives as
appropriate. The NRC staff identified and analyzed the reasonable
alternatives to authorizing the exemptions as well. The NRC staff
determined that there are no alternatives that meet the purpose and
need for the proposed action and exemptions that are environmentally
preferrable to the proposed action and exemptions.
III. Finding of No Significant Impact
The proposed action before the NRC is whether to issue CPs (one for
each unit) to Kairos to authorize construction of the two proposed
reactors making up the Hermes 2 project. The proposed action also
includes whether to grant exemptions from the requirements in 10 CFR
51.20(b)(1), 10 CFR 51.25, and 10 CFR 51.75(a). The NRC has conducted
an environmental review of the Kairos application for the CPs for the
Hermes 2 project as well as the proposed exemptions and prepared an EA.
This FONSI incorporates by reference the EA summarized in Section II of
this notice and referenced in Section IV of this notice. Based on the
NRC staff's determinations in the EA that the environmental impacts
would be SMALL for each potentially affected resource area and there
would be no additional environmental impacts resulting from the
issuance of the exemptions, the NRC staff has determined, after
consideration of public comments, that the proposed action would not
have a significant effect on the quality of the human environment.
Accordingly, the NRC staff has made a determination that preparation of
an EIS is not required for the proposed action and that a FONSI is
warranted. This finding and the related environmental documents
referenced throughout the EA are available for public inspection as
discussed in the EA and Section IV of this notice.
IV. Availability of Documents
The EA, FONSI, and other related documents are accessible online in
the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. The documents identified in the following table are
available to interested persons through ADAMS, as indicated.
------------------------------------------------------------------------
Document description ADAMS accession No.
------------------------------------------------------------------------
Environmental Assessment and Finding of No ML24240A034.
Significant Impact for the Construction
Permits and Environmental Review Exemptions
for the Kairos Hermes 2 Test Reactors, Final
Report, dated August 2024.
Environmental Assessment and Finding of No ML24103A002.
Significant Impact for the Construction
Permits for the Kairos Hermes 2 Test
Reactors, Draft Report for Comment, dated
April 2024.
Kairos Power, LLC--Issuance of Construction ML23338A260 (Package).
Permit for Hermes 1 Test Reactor, dated
December 14, 2023.
Kairos Power, LLC, Submittal of the ML23195A121 (Package).
Construction Permit Application for the
Hermes 2 Kairos Power Fluoride Salt-Cooled,
High Temperature Non-Power Reactor, dated
July 14, 2023.
[[Page 72436]]
Kairos Power, LLC, Hermes 2 Non-Power Reactor ML23195A125.
Environmental Report, dated July 14, 2023.
SECY-23-0080, ``Environmental Review Approach ML23214A165.
for the Kairos Power, LLC, Hermes 2
Construction Permit Application,'' dated
September 13, 2023.
NUREG-2263, ``Environmental Impact Statement ML23214A269.
for the Construction Permit for the Kairos
Hermes [1] Test Reactor,'' Final Report,
dated August 2023.
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V. Exemptions
Background
In 2021 Kairos submitted a CP application and ER for the Hermes 1
test reactor facility in Oak Ridge, Tennessee. The NRC's regulations in
10 CFR part 51 implement NEPA, and in accordance with 10 CFR
51.20(b)(1), the NRC staff is required to develop an EIS for the
issuance of the CP for a testing facility. As a result, the NRC staff
issued an EIS for the Kairos Hermes 1 CP application in August 2023,
which determined that the action would result in SMALL (i.e., not
detectable or so minor that they will neither destabilize nor
noticeably alter any important attribute of an environmental resource)
impacts for all resource areas. On December 14, 2023, the NRC issued a
CP to Kairos for the Hermes 1 facility.
On July 14, 2023, Kairos filed another CP application and ER for
the Hermes 2 test reactor facility also located in Oak Ridge,
Tennessee. On September 11, 2023, the NRC staff determined that the
Hermes 2 CP application was acceptable for docketing. If approved, the
Hermes 2 test reactor facility would also be located in Oak Ridge,
Tennessee within a few hundred feet of the site for the previously
approved CP for the Hermes 1 test reactor facility. Hermes 1 is a
single unit test reactor facility while Hermes 2 is a two-unit
facility. Both Hermes 1 and Hermes 2 would employ Kairos's fluoride-
salt cooled, high-temperature reactor technology that uses solid tri-
structural isotropic fuel in pebble form. Hermes 2 would also include
intermediate salt loops and a common power generation system. The
Hermes 2 facility includes most of the same structures, systems, and
components as the Hermes 1 facility and large portions of the Hermes 2
preliminary safety analysis report are identical to that for Hermes 1.
Action
The regulations in 10 CFR part 51 implement NEPA in a manner that
is consistent with NRC's domestic licensing and related regulatory
authority under the Atomic Energy Act of 1954, as amended, and the
Energy Reorganization Act of 1974, as amended. The NRC's environmental
protection regulations that implement NEPA in 10 CFR part 51 identify
actions for which the NRC prepares an EIS. CPs for test reactors are an
action identified as requiring an EIS.
However, based on a review of the ER submitted as part of the CP
application for Hermes 2 and the results of the EIS issued for Hermes
1, the NRC staff concluded that it would be prudent to first prepare an
EA to determine whether preparation of an EIS would be necessary or
whether a FONSI could be issued for the Hermes 2 CP based on factors
unique to the Hermes 2 CP application. On April 26, 2024 (89 FR 32462),
the NRC staff issued a draft EA and draft FONSI and offered a 30-day
public comment period. The NRC staff finalized the EA for the Hermes 2
CP application, which is summarized in Section II of this document.
Based on this final EA and consideration of public comments, the NRC
has determined that preparation of an EIS is not necessary for the
Hermes 2 CP application and has prepared a FONSI, which is detailed in
Section III of this document.
The NRC staff determined that exemptions from the regulations in 10
CFR 51.20(b)(1), 10 CFR 51.25, and 10 CFR 51.75(a) are necessary to
issue a final EA and FONSI instead of an EIS to meet the staff's
obligations under NEPA and the NRC's regulations for the environmental
review of the Hermes 2 CP application. The regulation in 10 CFR
51.20(b)(1) requires an EIS or a supplement to an EIS for the issuance
of a permit to construct a testing facility. Based on the final EA,
which is summarized in Section II of this document, and in accordance
with 10 CFR 51.31(a), the NRC staff has determined that preparation of
an EIS is not necessary for the Hermes 2 CP application and has
prepared a FONSI, which is detailed in Section III of this document.
Since the NRC staff is issuing a FONSI instead of an EIS for the Hermes
2 CP environmental review, an exemption from 10 CFR 51.20(b)(1) is
needed.
The regulation in 10 CFR 51.25 requires that the appropriate NRC
staff director determine on the basis of the criteria and
classifications of types of actions in 10 CFR 51.20, ``Criteria for and
identification of licensing and regulatory actions requiring
environmental impact statements,'' whether an EIS or EA should be
prepared. The NRC staff did not use the criteria in 10 CFR 51.20 to
determine whether an EIS or EA should be prepared for the Hermes 2 CP
environmental review. Instead, based on factors unique to the Hermes 2
CP application, the NRC staff prepared an EA to determine whether
preparation of an EIS would be necessary or whether a FONSI could be
issued. Therefore, an exemption from 10 CFR 51.25 is needed.
The regulation in 10 CFR 51.75(a) requires preparation of a draft
EIS related to the issuance of a CP for a production or utilization
facility. The NRC staff prepared an EA for the Hermes 2 CP
environmental review to determine whether preparation of an EIS would
be necessary or whether a FONSI could be issued. Since no draft EIS
related to the Hermes 2 CP environmental review was prepared, an
exemption from 10 CFR 51.75(a) is needed.
Discussion
Pursuant to 10 CFR 51.6, ``Specific exemptions,'' the Commission
may, upon application of any interested person, or upon its own
initiative, grant exemptions from the requirements of 10 CFR part 51
that it determines are (1) authorized by law and (2) otherwise in the
public interest.
Exemptions Are Authorized by Law
As discussed as follows, the exemptions allowing the NRC staff to
issue a final EA and FONSI instead of an EIS are authorized by law
because the NRC will satisfy its NEPA obligations by issuing a final EA
and FONSI for the Hermes 2 testing facility, and the issuance of this
final EA and FONSI will not violate any other applicable statute or NRC
regulation. NEPA provides flexibility for how the NRC can satisfy its
statutory obligations. Section 102(2)(C) of NEPA, as amended by the
Fiscal Responsibility Act of 2023, states that agencies must provide a
``detailed statement'' for ``major Federal actions significantly
affecting the quality of the human environment.'' Section 106(b)(1) of
NEPA states that any agency shall issue an EIS for an action ``that has
a reasonably foreseeable significant effect on the quality of the
[[Page 72437]]
human environment.'' Section 106(b)(2) states that an agency shall
prepare an EA for an action ``that does not have a reasonably
foreseeable significant effect on the quality of the human environment,
or if the significance of such effect is unknown,'' unless the agency
finds that the proposed action is excluded pursuant to, among other
things, another provision of law. Further, Section 106(b)(2) provides
that the EA shall be a concise public document prepared by a Federal
agency to set forth the basis of such agency's finding of no
significant impact or determination that an environmental impact
statement is necessary.
The draft EA for Hermes 2 evaluated the potential impacts to 11
environmental resources relevant to the construction, operation, and
decommissioning of the Hermes 2 test reactor facility. In the draft EA,
the NRC staff incorporated by reference significant portions of the
final EIS for Hermes 1 based on the following considerations: (1) the
staff's final EIS for Hermes 1, which covered the same site as Hermes
2; (2) the recent publication of the Hermes 1 final EIS in 2023; and
(3) the significant design similarities between Hermes 2 and Hermes 1.
The draft EA concluded that the environmental impacts would be SMALL
for each of the 11 potentially affected resource areas, and that the
proposed action would not have a significant effect on the quality of
the human environment.
The draft EA and draft FONSI were issued for public comment over a
30-day period beginning on April 26, 2024 (89 FR 32462). The NRC
received comments from multiple Federal, state, and local agencies,
other stakeholders, and the public. The NRC staff prepared responses to
each comment and presented the comments and responses in an appendix to
the EA. After consideration of these public comments, the NRC staff
finalized the EA for the Hermes 2 CP application. Based on this final
EA and in accordance with 10 CFR 51.31(a), the NRC has determined that
preparation of an EIS is not necessary for the Hermes 2 CP application
and has prepared a FONSI in accordance with 10 CFR 51.32. The final EA
and FONSI are detailed in Section II and III of this document,
respectively. As such, the NRC staff concludes that its statutory
obligations under NEPA will be satisfied by issuance of the final EA
and FONSI.
As previously noted, 10 CFR 51.6 allows the NRC to grant exemptions
from the requirements of 10 CFR part 51. The NRC has determined that
granting the proposed exemptions will not result in a violation of the
Atomic Energy Act of 1954, as amended, NEPA, other applicable statutes,
or the NRC's regulations. Accordingly, the NRC finds that the
exemptions are authorized by law.
Exemptions Are Otherwise in the Public Interest
The NRC staff has determined that the exemptions are in the public
interest because they allow the Commission to regulate with efficiency
and openness in accordance with the NRC's ``Principles of Good
Regulation'' \2\ while still allowing adequate opportunity for public
involvement. Specifically, the exemptions are in the public interest
because they enhance public confidence in the NRC by demonstrating the
NRC's commitment to efficiency and openness as principles of good
regulation. The NRC's mission is to regulate the nation's civilian use
of radioactive materials to provide reasonable assurance of adequate
protection of public health and safety and to promote common defense
and security and to protect the environment. The NRC adheres to its
Principles of Good Regulation in carrying out this mission. These
principles focus on ensuring safety and security while appropriately
balancing the interests of NRC's stakeholders, including the public
interest.
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\2\ https://www.nrc.gov/about-nrc/values.html.
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The NRC describes the ``Efficiency'' principle, in part, as
follows: ``Regulatory activities should be consistent with the degree
of risk reduction they achieve. Where several effective alternatives
are available, the option, which minimizes the use of resources should
be adopted. Regulatory decisions should be made without undue delay.''
Consistent with the NRC's ``Efficiency'' principle, granting these
exemptions, allows the NRC staff to ``minimize the use of resources''
and make its regulatory decision as efficiently as possible while still
fulfilling its NEPA obligations through the issuance of an EA and
FONSI. The NRC staff estimates that the duration of the Hermes 2 CP
environmental review was reduced by 3 to 6 months compared to doing an
EIS. The time and resource savings on the environmental review for the
Hermes 2 CP allows the NRC staff to allocate those resources to
environmental reviews of other proposed projects, thereby helping the
agency to better fulfill its mission of protecting people and the
environment in a timely manner.
The exemptions are also in the public interest because preparation
of a draft EA and draft FONSI for the Hermes 2 CP in accordance with 10
CFR 51.33 and consideration of public comments provided adequate
opportunity for public involvement consistent with the NRC's
``Openness'' principle of good regulation. This principle is described,
in part, as follows: ``Nuclear regulation is the public's business, and
it must be transacted publicly and candidly. The public must be
informed about and have the opportunity to participate in the
regulatory processes as required by law.'' The staff determined that a
30-day public comment period on the draft EA offered stakeholders an
adequate opportunity to comment on a project on a site and reactor
technology with which they have recently become familiarized through
the NRC's environmental review for Hermes 1.
In accordance with the NRC regulations in 10 CFR part 51 that
implement NEPA, the NRC staff considered the environmental impacts of
the construction of the Hermes 1 test reactor facility by preparing an
EIS. The NRC staff conducted a thorough environmental review which
included scoping, consultation with Federal agencies and Tribal
officials, an environmental audit, public meetings, and a public
comment period. These public involvement opportunities were used by the
staff to support development of an EIS. In August 2023 the NRC staff
issued the EIS for the Hermes 1 CP application which determined that
the action would result in SMALL impacts for all resource areas.
Since the Hermes 1 and Hermes 2 test reactor facilities are of
similar design and will be located at the same site, the NRC staff's
decision to prepare an EA and FONSI for Hermes 2 was informed by the
EIS for Hermes 1, including public and other stakeholder comments used
to scope the EIS and to finalize the draft EIS. Substantial portions of
the Hermes 1 EIS, reflecting scoping comments and comments received on
the draft EIS, were incorporated by reference into the EA for Hermes 2.
Since the final EIS for Hermes 1 was issued recently (in August 2023)
and significant portions of it were incorporated by reference into the
EA for Hermes 2, public involvement in the Hermes 1 EIS is pertinent to
and reflected in the Hermes 2 EA. The NRC staff also published the
draft EA and draft FONSI for the Hermes 2 CP application in the Federal
Register in accordance with 10 CFR 51.33 and offered a 30-day period
for the public to comment (89 FR 32462, April 26, 2024). By doing this,
the NRC staff preserved ample opportunity for the public to remain
informed and raise any
[[Page 72438]]
additional environmental concerns specific to Hermes 2.
Accordingly, for the previously stated reasons, the NRC finds that
the exemptions are otherwise in the public interest.
Environmental Considerations for Exemptions
In accordance with 10 CFR 51.31(a), the Commission has determined
that the granting of these exemptions will not have a significant
effect on the quality of the human environment, as discussed in the NRC
staff's final EA and FONSI. A summary of the EA and the detailed FONSI
are located in Sections II and III of this document, respectively.
Exemption Conclusion
Accordingly, the NRC has determined that pursuant to 10 CFR 51.6,
that the exemptions are authorized by law and otherwise in the public
interest. Therefore, the NRC hereby grants one-time exemptions from the
requirements in 10 CFR 51.20(b)(1), 10 CFR 51.25, and 10 CFR 51.75(a)
to allow the NRC to issue a final EA and FONSI instead of an EIS to
meet its obligations under NEPA and the NRC's regulations for the
environmental review of the Hermes 2 CP application.
The exemptions are effective on August 30, 2024.
Dated: August 30, 2024.
For the Nuclear Regulatory Commission.
Jeremy Bowen,
Director, Division of Advanced Reactors and Non-power Production and
Utilization Facilities, Office of Nuclear Reactor Regulation.
[FR Doc. 2024-19914 Filed 9-4-24; 8:45 am]
BILLING CODE 7590-01-P
