[Federal Register Volume 90, Number 133 (Tuesday, July 15, 2025)]
[Notices]
[Pages 31709-31712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-13174]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-615; NRC-2024-0146]
Tennessee Valley Authority; Clinch River Nuclear Site, Unit 1;
Construction Permit Application
AGENCY: Nuclear Regulatory Commission.
ACTION: Acceptance for docketing, opportunity to request a hearing and
petition for leave to intervene; order imposing procedures.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has accepted for
review and docketed an application from Tennessee Valley Authority
(TVA) for a construction permit for the Clinch River Nuclear Site, Unit
1 reactor to be built in Roane County, Tennessee. In addition, the NRC
is providing notice that an uncontested hearing will be held on the TVA
construction permit application at a time and place to be set in the
future by the presiding officer for the uncontested hearing. This
notice also provides the public an opportunity to request a hearing and
petition for leave to intervene (i.e., contested hearing) with respect
to that application. The NRC staff is currently conducting a detailed
technical review of the construction permit application. If the NRC
issues a construction permit, the applicant, TVA, would be authorized
to construct its proposed reactor in accordance with the provisions of
the construction permit. Because the application contains Sensitive
Unclassified Non-Safeguards Information (SUNSI), this notice includes
an order that imposes procedures to obtain access to SUNSI for
contention preparation.
DATES: The application was docketed on July 9, 2025. A request for a
hearing or petition for leave to intervene must be filed by September
15, 2025. Any potential party as defined in section 2.4 of title 10 of
the Code of Federal Regulations (10 CFR) who believes access to SUNSI
is necessary to respond to this notice must request document access by
July 25, 2025.
ADDRESSES: Please refer to Docket ID NRC-2024-0146 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://www.regulations.gov and search for Docket ID NRC-2024-0146. 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]. The ADAMS accession number for
each document referenced (if it is available in ADAMS) is provided the
first time that it is mentioned in this document.
NRC's PDR: The PDR, where you may examine and purchase
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.
NRC's Public Website: The construction permit application
is available under the NRC's Clinch River Nuclear Site, Unit 1,
Construction Permit Application public website https://www.nrc.gov/reactors/new-reactors/advanced/who-were-working-with/applicant-projects/clinch-river.html.
FOR FURTHER INFORMATION CONTACT: Allen Fetter, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-8556; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Discussion
On April 28, 2025 (NNP-25-003, ADAMS Accession No. ML25118A209),
and May 20, 2025, (NNP-25-004, ADAMS Accession No. ML25140A063), TVA
filed with the NRC pursuant to Section 103 of the Atomic Energy Act,
and 10 CFR part 50, ``Domestic Licensing of Production and Utilization
Facilities,'' its application for a construction permit for a nuclear
plant, based on the GEH BWRX-300 reactor, at the Clinch River Nuclear
Site in Roane County, Tennessee. A notice of receipt and availability
of TVA's application was published in the Federal Register on June 10,
2025 (90 FR 24425).
The information submitted by the applicant includes, among other
[[Page 31710]]
documents, the transmittal letters (ADAMS Accession Nos. ML25118A209
and ML25140A063), the preliminary safety analysis report (ADAMS
Accession No. ML25140A064), and the environmental report (ADAMS
Accession No. ML25118A209). The NRC is considering issuing a
construction permit to TVA that would authorize construction of the
proposed GEH BWRX-300 reactor, identified as Unit 1 at the Clinch River
Nuclear Site in Roane County, Tennessee.
The TVA construction permit application consists of the following
information:
The general information required by 10 CFR 50.33;
The Preliminary Safety Analysis Report required by 10 CFR 50.34(a);
The Environmental Report required by 10 CFR 51.50; and
Exemption requests to support issuance of a construction permit.
The NRC staff determined that the TVA application is complete and
acceptable for docketing in accordance with 10 CFR 2.101(a) and 10 CFR
part 50 and assigned Docket No. 50-615. The NRC staff provided TVA a
notice of the acceptance and docketing determination by letter dated
July 9, 2025 (ADAMS Accession No. ML25182A151).
The NRC staff will perform a detailed technical review of the
construction permit application and document its safety findings in a
safety evaluation report. Also, in accordance with 10 CFR part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions,'' the NRC staff will complete an
environmental review for the proposed action.
Docketing of the application does not preclude the NRC staff from
requesting additional information from the applicant as the review
proceeds, nor does it predict whether the Commission will grant or deny
the application. The construction permit application will be referred
to the Advisory Committee on Reactor Safeguards for review and report
consistent with 10 CFR 50.58, ``Hearings and report of the Advisory
Committee on Reactor Safeguards.'' If the Commission finds that the
construction permit application meets the applicable standards of the
Atomic Energy Act of 1954, as amended and the Commission's regulations,
and that any required notifications to other agencies and bodies have
been made, the Commission will issue a construction permit, in the form
and containing conditions and limitations that the Commission finds
appropriate and necessary.
II. Hearing
Pursuant to the Atomic Energy Act of 1954, as amended, 10 CFR part
2, ``Agency Rules of Practice and Procedure,'' and 10 CFR part 50,
notice is hereby given that an uncontested (i.e., mandatory) hearing
will be held, at a time and place to be set in the future by the
presiding officer for the uncontested hearing.
III. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
person (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult 10 CFR
2.309. If a petition is filed, the presiding officer will rule on the
petition and, if appropriate, a notice of a hearing will be issued.
Petitions must be filed no later than 60 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
Petitions and motions for leave to file new or amended contentions that
are filed after the 60-day deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)
through (iii).
A State, local governmental body, Federally recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 60 days from the date of publication of this notice.
Alternatively, a State, local governmental body, Federally recognized
Indian Tribe, or agency thereof may participate as a non-party under 10
CFR 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. The E-Filing process requires
participants to submit and serve all adjudicatory documents over the
internet, or in some cases, to mail copies on electronic storage media,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to: (1) request a digital identification
(ID) certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email that provides access to the document
to the NRC's Office of the General Counsel and any others who have
advised the Office
[[Page 31711]]
of the Secretary that they wish to participate in the proceeding, so
that the filer need not serve the document on those participants
separately. Therefore, applicants and other participants (or their
counsel or representative) must apply for and receive a digital ID
certificate before adjudicatory documents are filed to obtain access to
the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., ET, Monday through Friday, excluding government holidays.
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as described above, click ``cancel'' when the link requests
certificates and you will be automatically directed to the NRC's
electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal phone
numbers in their filings unless an NRC regulation or other law requires
submission of such information. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants
should not include copyrighted materials in their submission.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing or
opportunity for hearing, any potential party who believes access to
SUNSI is necessary to respond to this notice may request access to
SUNSI. A ``potential party'' is any person who intends to participate
as a party by demonstrating standing and filing an admissible
contention under 10 CFR 2.309. Requests for access to SUNSI submitted
later than 10 days after publication of this notice will not be
considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
C. The requestor shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Deputy General Counsel
for Licensing, Hearings, and Enforcement, Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
The expedited delivery or courier mail address for both offices is:
U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville,
Maryland 20852. The email addresses for the Office of the Secretary and
the Office of the General Counsel are [email protected] and
[email protected], respectively.\1\ The request must
include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1); and
(3) The identity of the individual or entity requesting access to
SUNSI and the requestor's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under
paragraph C, the NRC staff will determine within 10 days of receipt of
the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2), the NRC staff will notify the requestor in writing
that access to SUNSI has been granted. The written notification will
contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
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\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
receipt of (or access to) that information. However, if more than 25
days remain between the petitioner's receipt of (or access to) the
information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the
petitioner may file its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
after a determination on standing and requisite need, the NRC staff
shall immediately notify the requestor in writing, briefly stating the
reason or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within five days of
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receipt of that determination with: (a) the presiding officer
designated in this proceeding; (b) if no presiding officer has been
appointed, the Chief Administrative Judge, or if this individual is
unavailable, another administrative judge, or an Administrative Law
Judge with jurisdiction pursuant to 10 CFR 2.318(a); or (c) if another
officer has been designated to rule on information access issues, with
that officer.
(3) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed within 5 days of the notification by the
NRC staff of its grant of access and must be filed with: (a) the
presiding officer designated in this proceeding; (b) if no presiding
officer has been appointed, the Chief Administrative Judge, or if this
individual is unavailable, another administrative judge, or an
Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a);
or (c) if another officer has been designated to rule on information
access issues, with that officer.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requestors should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007, as amended at 77
FR 46562; August 3, 2012, 78 FR 34247, June 7, 2013) apply to
appeals of NRC staff determinations (because they must be served on
a presiding officer or the Commission, as applicable), but not to
the initial SUNSI request submitted to the NRC staff under these
procedures.
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I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR part 2. The
attachment to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated: July 10, 2025.
For the Nuclear Regulatory Commission.
Carrie Safford,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards
Information in This Proceeding
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Day Event/activity
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0................................. Publication of Federal Register
notice of hearing or opportunity
for hearing, including order with
instructions for access requests.
10................................ Deadline for submitting requests for
access to Sensitive Unclassified
Non-Safeguards Information (SUNSI)
which contains information: (i)
supporting the standing of a
potential party identified by name
and address; and (ii) describing
the need for the information in
order for the potential party to
participate meaningfully in an
adjudicatory proceeding.
60................................ Deadline for submitting petition for
intervention which contains: (i)
demonstration of standing; and (ii)
all contentions whose formulation
does not require access to SUNSI
(+25 Answers to petition for
intervention; +7 petitioner/
requestor reply).
20................................ U.S. Nuclear Regulatory Commission
(NRC) staff informs the requestor
of the staff's determination
whether the request for access
provides a reasonable basis to
believe standing can be established
and demonstrates the need for
SUNSI. (NRC staff also informs any
party to the proceeding whose
interest independent of the
proceeding would be harmed by the
release of the information.) If NRC
staff makes the finding of need for
SUNSI and likelihood of standing,
NRC staff begins document
processing (i.e., preparation of
redactions or review of redacted
documents).
25................................ If NRC staff finds no ``need'' or no
likelihood of standing, the
deadline for petitioner/requestor
to file a motion seeking a ruling
to reverse the NRC staff's denial
of access; NRC staff files copy of
access determination with the
presiding officer (or Chief
Administrative Judge or other
designated officer, as
appropriate). If NRC staff finds
``need'' for SUNSI, the deadline
for any party to the proceeding
whose interest independent of the
proceeding would be harmed by the
release of the information to file
a motion seeking a ruling to
reverse the NRC staff's grant of
access.
30................................ Deadline for NRC staff's reply to
motions to reverse NRC staff
determination(s).
40................................ (Receipt +30) If NRC staff finds
standing and need for SUNSI,
deadline for NRC staff to complete
information processing and file
motion for Protective Order and
draft Non-Disclosure Agreement or
Affidavit. Deadline for applicant/
licensee to file Non-Disclosure
Agreement or Affidavit for SUNSI.
A................................. If access is granted: issuance of
presiding officer or other
designated officer decision on
motion for protective order for
access to SUNSI (including schedule
for providing access and submission
of contentions) or decision
reversing a final adverse
determination by the NRC staff.
A + 3............................. Deadline for filing executed Non-
Disclosure Agreements or
Affidavits. Access provided to
SUNSI consistent with decision
issuing the Protective Order.
A + 28............................ Deadline for submission of
contentions whose development
depends upon access to SUNSI.
However, if more than 25 days
remain between the petitioner's
receipt of (or access to) the
information and the deadline for
filing all other contentions (as
established in the notice of
hearing or notice of opportunity
for hearing), the petitioner may
file its SUNSI contentions by that
later deadline.
A + 53............................ (Contention receipt +25) Answers to
contentions whose development
depends upon access to SUNSI.
A + 60............................ (Answer receipt +7) Petitioner/
Intervenor reply to answers.
>A + 60........................... Decision on contention admission.
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[FR Doc. 2025-13174 Filed 7-14-25; 8:45 am]
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