[Federal Register Volume 89, Number 82 (Friday, April 26, 2024)]
[Notices]
[Pages 32462-32464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08964]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-611 and 50-612; NRC-2023-0138]


Kairos Power, LLC; Hermes 2; Draft Environmental Assessment and 
Draft Finding of No Significant Impact

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of availability and request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment a draft environmental assessment (EA) and draft finding 
of no significant impact (FONSI) for proposed issuance of construction 
permits (CP) to Kairos Power, LLC (Kairos). The CPs would authorize the 
construction of two non-power test reactors termed Hermes 2, adjacent 
to the Hermes test reactor (Hermes), on a 185-acre site located in Oak 
Ridge, Tennessee. Kairos was issued a CP for Hermes, Construction 
Permit No. CPTR-6, on December 14, 2023. The Hermes 2 test reactors 
would demonstrate additional 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 (TRISO) particle 
fuel in pebble form combined with a low-pressure fluoride salt coolant. 
The NRC has prepared a draft EA and draft FONSI that consider the 
environmental impacts associated with issuing the CPs.

DATES: Submit comments by May 28, 2024. Comments received after this 
date will be considered if it is practicable to do so, but the NRC is 
able to ensure consideration only for comments received before this 
date.

ADDRESSES: You may submit comments by using any of the following 
methods; however, the NRC encourages electronic comment submission 
through the Federal rulemaking website:
     Federal Rulemaking Website: Go to https://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.
     Email: Comments may be submitted to the NRC electronically 
using the email address: [email protected].
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Peyton Doub, telephone: 301-415-6703, 
email: [email protected] and Mary Richmond, telephone: 301-415-7218, 
email: [email protected]. Both are staff of the Office of Nuclear 
Material Safety and Safeguards at the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0138 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to https://regulations.gov 
and search for Docket ID NRC-2023-0138.
     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

[[Page 32463]]

time (ET), Monday through Friday, except Federal holidays.
     NRC's Public Project Website: The draft EA and draft FONSI 
can be accessed online at the Hermes 2--Kairos project specific web 
page at https://www.nrc.gov/reactors/non-power/new-facility-licensing/hermes2-kairos.html.

B. Submitting Comments

    The NRC encourages electronic comment submission through any of the 
methods outlined in ADDRESSES section of this document. Please include 
Docket ID NRC-2023-0138 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. 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,'' an application for CPs for the 
Hermes 2 test reactor facility (a ``testing facility'' as defined in 10 
CFR 50.2), that would consist of two fluoride salt-cooled test reactor 
units at the East Tennessee Technology Park in Oak Ridge, Tennessee. A 
notice of receipt and availability of the application was published in 
the Federal Register on August 4, 2023 (88 FR 51876). The Hermes 2 
site, adjacent to the Hermes test reactor, is situated in the Heritage 
Center Industrial Park of the East Tennessee Technology Park that was 
established by the City of Oak Ridge on land formerly owned by the U.S. 
Department of Energy (DOE) for the Oak Ridge Gaseous Diffusion Plant 
(ORGDP). The site was occupied by DOE Buildings K-31 and K-33, both of 
which were part of the ORGDP.
    The NRC staff determined that Kairos submitted the application in 
accordance with 10 CFR 2.101(a)(5), and a notice of the acceptability 
of docketing of Kairos's CP application was published in the Federal 
Register on September 15, 2023 (88 FR 63632). The docket numbers 
established for this application are 50-611 and 50-612 for Units 1 and 
2, respectively. A notice of opportunity to request a hearing and 
petition for leave to intervene (88 FR 81439) was published in the 
Federal Register on November 22, 2023.
    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 the National 
Environmental Policy Act of 1969 (NEPA). The NRC's environmental 
protection regulations that implement NEPA in 10 CFR part 51 identify 
actions for which the NRC prepares an environmental impact statement 
(EIS). CPs for test reactors are an action identified as requiring an 
EIS.
    However, based on a review of the environmental report (ER) 
submitted as part of the CP application for Hermes 2 and the results of 
the EIS recently issued for the Hermes test reactor, the NRC staff 
concluded that it would be prudent to first prepare a draft 
environmental assessment (EA) to determine whether preparation of an 
EIS would be necessary or whether a finding of no significant impact 
(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, (2) the proposed siting of Hermes 2 
within a few hundred feet of Hermes, (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 final EIS for Hermes, 
and (5) the staff's final EIS for Hermes covering the same site as 
Hermes 2 and documenting all impacts as SMALL.
    The NRC staff has prepared a draft EA and draft FONSI documenting 
its environmental review of the Hermes 2 CP application. Based on the 
environmental review, the NRC staff has made a preliminary 
determination that the proposed action would not significantly affect 
the quality of the human environment. Therefore, the NRC staff has made 
a preliminary determination that it will not prepare an EIS and that a 
draft FONSI appears warranted.
    The staff will consider comments received on the draft EA and draft 
FONSI over a 30-day public comment period from Federal, State, local, 
and Tribal officials, and members of the public. After consideration of 
these public comments, the NRC staff will make a final determination as 
to whether preparation of an EIS is necessary or whether a FONSI can be 
issued for the Hermes 2 CP application. However, exemptions from 
certain regulations in 10 CFR part 51 would be necessary to issue a 
final EA and final FONSI to support issuance of the Hermes 2 CPs. In 
accordance with 10 CFR 51.6, the NRC may grant exemptions from the 
requirements of 10 CFR part 51 if it determines that the exemptions are 
authorized by law and are otherwise in the public interest.

III. Summary of Draft 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 Hermes 2 reactors, two fluoride salt-
cooled test reactor units, at the East Tennessee Technology Park in Oak 
Ridge, Tennessee.
    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

[[Page 32464]]

Power Fluoride Salt-Cooled, High Temperature Reactor technology.

Environmental Impacts of the Proposed Action

    In the draft 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.
    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 
negative cumulative impact to any resource area from the proposed 
action when added to other past, present, and reasonably foreseeable 
future actions.

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 determined that there are no alternatives 
that meet the need for the proposed action and that are environmentally 
preferrable to the proposed action.

IV. Draft 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 (units) making up the Hermes 2 project. The NRC has conducted 
an environmental review of a request for NRC issuance of CPs for the 
Hermes 2 project and prepared an EA. This draft FONSI incorporates by 
reference the EA summarized in Section II of this notice and referenced 
in Section V of this notice. On the basis of the EA, and its 
determination that the environmental impacts would be SMALL for each 
potentially affected resource area, the NRC staff has preliminarily 
determined that the proposed action would not have a significant effect 
on the quality of the human environment. Accordingly, the NRC staff has 
made a preliminary determination that preparation of an EIS is not 
required for the proposed action and that a FONSI is appears warranted.
    This finding and the related environmental documents referenced 
throughout the EA are available for public inspection as discussed in 
the EA and Section I of this notice. The NRC's staff's determination is 
tentative. Before making a final determination, the NRC staff also will 
consider comments received on the draft EA and draft FONSI over a 30-
day public comment period from Federal, State, local, and Tribal 
officials, and members of the public. Once NRC makes a final 
determination, it will publish the final EA and final FONSI or proceed 
to prepare an EIS.

V. Availability of Documents

    The documents identified in the following table are available to 
interested persons through one or more of the following methods, as 
indicated.

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                                             ADAMS accession No./Federal
            Document description                Register  notice (FRN)
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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.
Letter to NRC from Kairos, Responses to      ML24065A100 (Package).
 Requests for Confirmatory Information for
 the Environmental Report, dated March 4,
 2024.
Letters to NRC from Kairos, Responses to     ML23300A141 (Package) and
 General Audit Questions, dated October 27,   ML23300A144.
 2023.
FRN: Kairos Power LLC Hermes 2-              88 FR 81439.
 Construction Permit Application;
 Opportunity to Request a Hearing and
 Petition for Leave to Intervene, dated
 November 22, 2023.
FRN: Acceptance for docketing of the Kairos  88 FR 63632.
 Power LLC Hermes 2 Test Reactor
 Construction Permit, dated September 15,
 2023.
FRN: Receipt and Availability. Hermes 2      88 FR 51876.
 Receipt of Application, August 4, 2023.
Letter to NRC from Kairos, 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.
Kairos Power LLC--Construction Permit for    ML23338A258.
 Hermes Test Reactor, dated December 14,
 2023.
NUREG-2263, Environmental Impact Statement   ML23214A269.
 for the Construction Permit for the Kairos
 Hermes Test Reactor, Final Report, dated
 August 2023.
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    Dated: April 22, 2024.

    For the Nuclear Regulatory Commission.
Daniel Barnhurst,
Chief, Environmental Project Management Branch 3, Division of 
Rulemaking, Environmental, and Financial Support, Office of Nuclear 
Material Safety, and Safeguards.
[FR Doc. 2024-08964 Filed 4-25-24; 8:45 am]
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