[Federal Register Volume 90, Number 87 (Wednesday, May 7, 2025)]
[Notices]
[Pages 19322-19325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-07960]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-613; NRC-2024-0078]
US SFR Owner, LLC.; Kemmerer Power Station, Unit 1; Environmental
Assessment and Finding of No Significant Impact
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) staff is making a
finding of no significant impact (FONSI) for a proposed issuance of an
exemption in response to a February 28, 2025 request, as supplemented
by letters dated April 7, and April 29, 2025, for the proposed Kemmerer
Power Station Unit 1 (Kemmerer 1) facility. Specifically, TerraPower,
LLC (TerraPower), on behalf of its wholly-owned subsidiary US SFR
Owner, LLC (USO), requested an exemption that would modify a portion of
the definition of construction applicable to the prohibition on
construction of production and utilization facilities without an NRC
license for the proposed Kemmerer 1. If granted, this exemption would
allow the driving of piles, subsurface preparation, placement of
backfill, concrete, or permanent retaining walls within an excavation,
installation of foundations, or in-place assembly, erection,
fabrication or testing, which are for structures, systems, and
components (SSCs) classified as non-safety-related with no special
treatment (NST) the failure of which could cause a reactor scram or
actuation of a safety-related system that are located on the proposed
Kemmerer 1 energy island prior to receipt of a construction permit (CP)
and without a limited work authorization. The NRC staff is issuing a
final Environmental Assessment (EA) and FONSI associated with the
proposed exemption request.
DATES: The EA and FONSI referenced in this document are available on
May 7, 2025.
ADDRESSES: Please refer to Docket ID NRC-2024-0078 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-2024-0078. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; 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: Mallecia Sutton, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-0673; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated March 28, 2024, TerraPower, LLC (TerraPower), on
behalf of its wholly-owned subsidiary
[[Page 19323]]
US SFR Owner, LLC (USO), submitted a construction permit (CP)
application, including an environmental report to the NRC staff for a
reactor facility pursuant to part 50 of title 10 of the Code of Federal
Regulations (10 CFR), ``Domestic Licensing of Production and
Utilization Facilities,'' and section 103 of the Atomic Energy Act of
1954, as amended. The proposed facility, referred to as Kemmerer Power
Station Unit 1 (Kemmerer 1), if approved, would be built in Lincoln
County, Wyoming and utilize TerraPower and General Electric-Hitachi
Natrium sodium fast reactor technology. Supplements to the application
were submitted on May 2, 2024, and May 9, 2024. On May 21, 2024, the
NRC staff accepted the CP application for docketing (89 FR 47997). This
CP application is undergoing a separate review by the NRC staff. As
part of that review, the NRC is preparing a detailed review of the
environmental impact associated with the CP application, which proposes
to construct a non-light water Natrium reactor for Kemmerer 1, in an
environmental impact statement.
By letter dated September 9, 2024, TerraPower submitted, on behalf
of USO, an exemption request for the proposed Kemmerer 1. The requested
exemptions were from the definitions of construction in 10 CFR
50.10(a), ``Definitions,'' and 10 CFR 51.4, ``Definitions,'' and would
have excluded all non-safety-related with no special treatment (NST)
structures, systems, and components (SSCs) located on the energy island
(EI) from the scope of construction as defined in these regulations. By
letter dated February 28, 2025, TerraPower submitted, on behalf of USO,
a new request that superseded the September 9, 2024 request and
requested an exemption with a more limited scope. TerraPower, on behalf
of USO, supplemented this request with letters dated April 7, and April
29, 2025. In particular, the supplement dated April 29, 2025, withdrew
the requested exemption from 10 CFR 51.4.
As modified by the superseding exemption request and subsequent
supplements, the NRC is considering issuance of an exemption that would
modify the definition of construction in 10 CFR 50.10(a)(1)(iv) from
``SSCs whose failure could cause a reactor scram or actuation of a
safety-related system'' to ``SSCs whose failure could cause a reactor
scram or actuation of a safety-related system, excluding Natrium EI
SSCs classified as non-safety-related with no special treatment
(NST).'' This specific exemption would allow USO to proceed with the
driving of piles, subsurface preparation, placement of backfill,
concrete, or permanent retaining walls within an excavation,
installation of foundations, or the in-place assembly, erection,
fabrication, or testing of SSCs classified as NST the failure of which
could cause the reactor to scram or actuation of a safety-related
system that are located on the proposed energy island (EI) without a
limited work authorization while the NRC staff continues its review of
the Kemmerer 1 CP application. If the NRC determines that approval of
the exemption request is appropriate, the exemption would be issued to
USO for the proposed Kemmerer 1.
In accordance with 10 CFR 51.21, the NRC has prepared an EA that
analyzes the environmental effects of the proposed action. Based on the
results of the EA and in accordance with 10 CFR 51.31(a), the NRC has
prepared a FONSI for the proposed exemption. Consistent with 10 CFR
51.33, ``Draft finding of no significant impact; distribution,'' the
NRC staff did not prepare a draft finding of no significant impact in
this instance.
II. Environmental Assessment
Description of the Proposed Action
The proposed action would modify the definition of construction in
10 CFR 50.10(a)(1)(iv) from ``SSCs whose failure could cause a reactor
scram or actuation of a safety-related system'' to ``SSCs whose failure
could cause a reactor scram or actuation of a safety-related system,
excluding Natrium EI SSCs classified as non-safety-related with no
special treatment (NST).'' This specific exemption would allow USO to
proceed with the driving of piles, subsurface preparation, placement of
backfill, concrete, or permanent retaining walls within an excavation,
installation of foundations, or the in-place assembly, erection,
fabrication, or testing of SSCs classified as NST the failure of which
could cause the reactor to scram or actuation of a safety-related
system that are located on the proposed EI without a limited work
authorization while the NRC staff continues its review of the Kemmerer
1 CP application.
Separate from this EA, the NRC staff is evaluating the proposed
action against the relevant exemption criteria in 10 CFR 50.12,
``Specific exemptions.'' The results of this review will be documented
in a separate Federal Register notice. The NRC staff's review will
determine whether the criteria in 10 CFR 50.12 are met. Further, the
NRC staff is separately reviewing the submitted CP application and the
environmental effects associated with approval, if appropriate, of the
CP application. Issuing this exemption, if appropriate, would not
constitute a commitment by the NRC to issue a CP for Kemmerer 1. If
approved, USO would install the SSCs assuming the risk that its CP
application may later be denied.
Need for the Proposed Action
Issuance of the exemption would allow USO to begin the driving of
piles, subsurface preparation, placement of backfill, concrete, or
permanent retaining walls within an excavation, installation of
foundations, or the in-place assembly, erection, fabrication, or
testing of SSCs classified as NST the failure of which could cause the
reactor to scram or actuation of a safety-related system that are
located on the proposed EI without a limited work authorization while
the NRC staff continues its review of the Kemmerer 1 CP application. As
that work falls under the definition of construction in 10 CFR
50.10(a), without this exemption, 10 CFR 50.10(c) would prohibit USO
from performing that work under until the NRC staff issued it a CP or a
limited work authorization, should that be appropriate.
TerraPower, on behalf of USO, has indicated that if this work is
delayed until issuance of the CP, it would result in substantial
schedule delays for the proposed Kemmerer 1. TerraPower, on behalf of
USO, also stated that, although the exact costs of delayed operation of
Kemmerer 1 would depend on a number of uncertain factors, they are
expected to be substantial.
Environmental Impacts of the Proposed Action
In February 2025, the Department of Energy (DOE) Office of Clean
Energy Demonstrations issued DOE/EA-2264, ``Final Environmental
Assessment Kemmerer Power Station Unit 1 Preliminary Activities
Kemmerer, Lincoln County, Wyoming,'' \1\ for the proposed action of
authorizing the expenditure of Federal funding to conduct preliminary
activities for the proposed Kemmerer 1. According to the DOE EA, the
proposed action addresses preliminary activities that would occur prior
to the NRC issuance of a CP for the Kemmerer 1 site. These preliminary
activities are described in section 2.1, ``Proposed Action,'' of the
DOE EA and include, among other things, the following:
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\1\ https://www.energy.gov/sites/default/files/2025-02/final-ea-fonsi-appendices-2264-terrapower-kemmerer-unit-1-2024-10_1.pdf.
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Earthwork activities, including site clearing and grubbing
to remove the top layer of topsoil and organic material and
[[Page 19324]]
store it in a stockpile area for possible use as backfill.
Dewatering activities, including establishing temporary
dewatering systems to maintain dry working conditions for preliminary
activities.
Excavation and backfill activities, including the
importation and placement of common and structural backfill, general
excavation of the site, general backfill, development of spoil and
laydown areas, placement of common fill, and construction of stormwater
management ponds.
Supporting infrastructure activities, including
construction of buildings, temporary utilities, plant roads and
parking, walkways, and storm drainage. Preliminary activities include
the erection of buildings on the EI. Section 2.1.4.4, ``Buildings on
the Energy Island,'' of the DOE EA states ``[t]hese activities would
consist of excavation and backfill of the foundations, installation of
mud mats, formwork, rebar and embeds, and placement of concrete.
Embedded pipes and electrical conduit and grounding would be installed
during foundation construction. Steel and superstructure would be
installed after completion of the foundations.''
The DOE EA determined that the environmental impacts of these
activities on ecological resources; cultural resources; hydrology;
socioeconomics; geological resources; and infrastructure, traffic, and
transportation are minor. Based on this conclusion, DOE issued a
finding of no significant impact.\2\ Although the DOE EA stated that it
was considering activities that would occur before the NRC's issuance
of the construction permit, it captured certain activities which
require NRC authorization. Issuance of this exemption would allow the
construction of buildings on the EI, which as described in section
2.1.4.4 of the DOE EA, was included in the activities DOE considered.
This includes the subsurface preparation, placement of backfill, and
concrete, within an excavation, installation of foundations, and the
in-place assembly or erection or fabrication of buildings classified as
NST the failure of which could result in a reactor scram or actuation
of a safety-related system located on the proposed Kemmerer 1 EI. The
NRC staff reviewed the analysis in the DOE EA and determined that,
because it already considered work that this exemption would approve,
despite the different proposed actions, the DOE EA bounds those aspects
of the work. Therefore, the NRC incorporates the DOE EA by reference
into this EA.
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\2\ https://www.energy.gov/sites/default/files/2025-02/final-ea-fonsi-2264-terrapower-kemmerer-unit-1-2024-10_0.pdf.
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The NRC staff then considered the work that was not covered by the
DOE EA. This work consists of the in-place assembly, erection,
fabrication or testing of SSCs, apart from the buildings, classified as
NST that are located within buildings on the proposed EI the failure of
which could cause the reactor to scram or actuation of a safety-related
system. As an initial matter, neither TerraPower nor USO are licensed
to possess or use radiological materials. Since the proposed action
does not involve operating the facility and there are no radiological
materials on site, it would result in no significant changes in the
types or amounts of radiological effluents that may be released
offsite.
Further, the work authorized by this exemption would occur in the
same area of the site as the work considered by the DOE EA. Thus, the
environment in that area will have already been disturbed by the pre-
construction work the DOE EA considered, which is not part of the NRC
proposed action, and by the work requiring NRC authorization but that
the DOE EA considered. Some of the work encompassed by the NRC proposed
action is not considered by the DOE EA, but the staff finds is similar
in nature to work considered by the DOE EA. To the extent that the
nature of the work is similar to the work considered in the DOE EA, the
NRC staff determined that the effects determination from the DOE EA
would bound this work. With regard to the work not considered by the
DOE EA which is dissimilar to work the DOE EA considered (e.g. the
installation of an SSC within a building as opposed to the construction
of the building), the NRC staff determined that this work would not
involve any ground disturbing activities. Further, any impacts from
hydrologic alteration of groundwater or surface water during the
authorized activities would be short-term and minor because the major
hydrological impacts would be expected during the conduct of earthwork,
dewatering, excavation and backfill, and supporting infrastructure
activities analyzed in the DOE EA, not the installation components
within buildings. Therefore, due to the nature of the work and the fact
that the area would be previously disturbed by the work considered in
the DOE EA, the NRC staff finds the effects on the environment by the
work that would be authorized by this exemption, if approved, bounded
by the analysis in the DOE EA and, therefore, minor.
In conclusion, the NRC staff has determined that the impacts of the
proposed exemption on the environment would be minor. Finally, the NRC
staff notes that although the DOE EA sometimes describes what it
analyzed using different words than the NRC typically uses, its
analysis captured the resource areas that the NRC usually considers in
its EAs. Therefore, there are no significant non-radiologic
environmental impacts associated with the proposed action.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the NRC staff considered
denial of the proposed action (i.e., the ``no-action'' alternative). If
the NRC were to deny the exemption request, USO would not be allowed to
perform the activities covered by this exemption before the CP is
issued, if appropriate. TerraPower, on behalf of USO, has already
submitted a CP application for the proposed Kemmerer 1 facility. Should
the NRC staff approve the CP, this work would still occur, just later
in the future.
Alternative Use of Resources
There are no unresolved conflicts concerning alternative uses of
available resources under the proposed action.
Agencies and Persons Consulted
The NRC staff did not enter into consultation with any Federal
agency or with the State of Wyoming regarding the environmental impact
of the proposed action. The NRC and DOE have a Memorandum of
Understanding (MOU) related to implementation of the National
Environmental Policy Act (NEPA) for reactor demonstration projects,
including the proposed Kemmerer 1. Although the MOU lays out certain
roles and responsibilities for NRC and DOE, it also acknowledges that
circumstances may arise where both agencies would be better served by a
different form of coordination and notes that it does not preclude such
arrangements. In this instance, DOE has already consulted with relevant
entities. As discussed in this notice, the NRC staff determined that
the effects considered in the DOE EA bound the effects of this proposed
action. The NRC staff independently reviewed the DOE's consultation of
Federal and state agencies for the proposed action. Based on that
review and the determination that the DOE EA bounds this proposed
action, the NRC staff determined there was no need for additional
consultation. Therefore, the NRC staff relied on the consultation
activities conducted by DOE documented in its EA, which it
[[Page 19325]]
incorporated by reference earlier in this EA.
III. Finding of No Significant Impact
TerraPower, on behalf of USO, has requested an exemption that, if
granted, would modify the definition of construction in 10 CFR
50.10(a)(1)(iv) to allow USO to proceed with the driving of piles,
subsurface preparation, placement of backfill, concrete, or permanent
retaining walls within an excavation, installation of foundations, or
the in-place assembly, erection, fabrication, or testing of NST SSCs
the failure of which could cause a reactor scram or actuation of a
safety-related system that are located on the proposed EI without a
limited work authorization while the NRC staff continues its review of
the Kemmerer 1 CP application. The proposed action would not have
significant adverse radiological or non-radiological impacts. This
FONSI incorporates by reference the EA in Section II of this notice.
Based on the EA, the NRC concludes that the proposed action will not
have a significant effect on the quality of the human environment.
Accordingly, the NRC has determined not to prepare an environmental
impact statement for the proposed action.
IV. Availability of Documents
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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Submittal of the Construction Permit ML24088A059 (package).
Application for the Natrium Reactor Plant,
Kemmerer Power Staton Unit 1, dated March
28, 2024.
Supplement to Construction Permit ML24123A242.
Application for the Natrium Reactor Plant,
Kemmerer Power Staton Unit 1 Regarding
Agreement between US SFR Owner, LLC and
TerraPower, LLC, dated May 2, 2024.
Supplement to Construction Permit ML24123A243.
Application for the Natrium Reactor Plant,
Kemmerer Power Staton Unit 1 Regarding
Fitness-for-Duty and Security Clarifying
Information, dated May 2, 2024.
Supplement to Construction Permit ML24130A181.
Application for the Natrium Reactor Plant,
Kemmerer Power Staton Unit 1 Regarding
Materials of Construction Clarifying
Information, dated May 9, 2024.
Acceptance for Docketing of Kemmerer Power ML24135A109.
Station Unit 1 Construction Permit
Application by US SFR Owner, LLC, dated
May 21, 2024.
Exemption Request Associated with ML24253A023.
Construction of the Natrium Energy Island
dated, September 9, 2024.
Exemption Request and Application of ML25059A093.
Topical Report NATD-LIC-RPRT-0001-A for
Construction of the Natrium Energy Island
at Kemmerer Unit 1, dated February 28,
2025.
Supplement to Exemption Request and ML25097A132.
Application of Topical Report NATD-LIC-
RPRT-0001-A for Construction of the
Natrium Energy Island at Kemmerer Unit 1,
dated April 7, 2025.
Withdrawal of Exemption Request from 10 CFR ML25119A205.
51.4 Definition of Construction for
Construction of the Natrium Energy Island
at Kemmerer Unit 1, dated April 29, 2025.
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Dated: May 2, 2025.
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. 2025-07960 Filed 5-6-25; 8:45 am]
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