[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]
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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.
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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.
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\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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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.
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Document description ADAMS accession No.
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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]
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