[Federal Register Volume 90, Number 244 (Tuesday, December 23, 2025)]
[Notices]
[Pages 60132-60133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-23678]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-613; NRC-2024-0078]
US SFR Owner, LLC; Notice of Hearing
AGENCY: Nuclear Regulatory Commission.
ACTION: Construction permit application; Notice of uncontested hearing.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission)
will commence an uncontested hearing, in which the Commission will
receive written evidence in the form of testimony and exhibits
regarding the application submitted by TerraPower, LLC (TerraPower), on
behalf of US SFR Owner, LLC (USO), for a construction permit to
construct a nuclear-powered generating plant termed Kemmerer Power
Station Unit 1 in Lincoln County, Wyoming.
DATES: The Commission may issue written questions to the parties (the
NRC staff and the applicant) no later than January 12, 2026. For the
full schedule for submitting documents in this hearing, see Sections V
and VI of the SUPPLEMENTARY INFORMATION section of this document.
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 Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individuals 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, 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 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, Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Wesley W. Held, Office of the
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-287-3591; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Commission hereby gives notice that, pursuant to Section 189a
of the Atomic Energy Act (AEA) of 1954, as amended, it will commence an
uncontested hearing, in which the Commission will receive written
evidence in the form of testimony and exhibits regarding the
application submitted by TerraPower, on behalf of USO, for a
construction permit to construct a nuclear-powered generating plant
termed Kemmerer Power Station Unit 1 in Lincoln County, Wyoming.
TerraPower's application was submitted by letter on March 28, 2024
(Agencywide Documents Access and Management System (ADAMS) Accession
No. ML24088A060).
The NRC staff's Final Environmental Impact Statement and Safety
Evaluation Report may be viewed at ADAMS Accession Nos. ML25287A017 and
ML25329A252, respectively. This mandatory hearing will concern safety
and environmental matters relating to the requested construction permit
application, as more fully described below.
II. Evidentiary Uncontested Hearing
The Commission will conduct this hearing using written materials
only. The schedule and process for submitting written materials to the
Commission is detailed in Sections V and VI below. The parties to this
proceeding are TerraPower and the NRC staff.
III. Presiding Officer
The Commission is the presiding officer for this proceeding.
IV. Matters To Be Considered
The matter at issue in this proceeding is whether the review of the
TerraPower Kemmerer Power Station Unit 1 construction permit
application by the Commission's staff has been adequate to support the
findings found in 10 CFR 50.35, 50.40, 50.50, and 10 CFR 51.105. Those
findings are as follows:
Issues Pursuant to the Atomic Energy Act of 1954, as Amended
With respect to the construction permit: (1) whether the applicant
has described the proposed design of the facility, including, but not
limited to, the principal architectural and engineering criteria for
the design, and has identified the major features or components
incorporated therein for the protection of the health and safety of the
[[Page 60133]]
public; (2) whether such further technical or design information as may
be required to complete the safety analysis, and which can reasonably
be left for later consideration, will be supplied in the final safety
analysis report; (3) whether safety features or components, if any,
which require research and development have been described by the
applicant and the applicant has identified, and there will be
conducted, a research and development program reasonably designed to
resolve any safety questions associated with such features or
components; (4) whether on the basis of the foregoing, there is
reasonable assurance that (i) such safety questions will be
satisfactorily resolved at or before the latest date stated in the
application for completion of construction of the proposed facility,
and (ii) taking into consideration the site criteria contained in 10
CFR part 100, the proposed facility can be constructed and operated at
the proposed location without undue risk to the health and safety of
the public; (5) whether there is reasonable assurance (i) that the
construction of the facility will not endanger the health and safety of
the public, and (ii) that construction activities can be conducted in
compliance with the Commission's regulations; (6) whether the applicant
is technically and financially qualified to engage in the proposed
activities in accordance with the Commission's regulations in chapter I
of title 10 of the CFR; (7) whether the issuance of a permit for the
construction of the facility to the applicant will not, in the opinion
of the Commission, be inimical to the common defense and security or to
the health and safety of the public; and (8) whether the application
meets the standards and requirements of the AEA and the Commission's
regulations, and that notifications, if any, to other agencies or
bodies have been duly made.
Issues Pursuant to the National Environmental Policy Act (NEPA) of 1969
With respect to the construction permit: (1) determine whether the
requirements of Sections 102(2)(A), (C), and (E) of NEPA and the
applicable regulations in 10 CFR part 51 have been met; (2)
independently consider the final balance among conflicting factors
contained in the record of the proceeding with a view to determining
the appropriate action to be taken; (3) determine, after weighing the
environmental, economic, technical, and other benefits against
environmental and other costs, and considering reasonable alternatives,
whether the construction permit should be issued, denied, or
appropriately conditioned to protect environmental values; and (4)
determine whether the NEPA review conducted by the NRC staff has been
adequate.
V. Schedule for Submittal of Written Evidence
All documents to be filed by the parties as described below should
be filed in accordance with the requirements of our E-filing rules at
10 CFR 2.304(g) and will be considered exhibits in this proceeding once
filed.
No later than December 16, 2025, the NRC staff should E-file the
following documents to add them to the docket for this hearing: (1)
SECY-25-0102, which will serve as the NRC staff's primary written
testimony in this hearing, (2) the construction permit application,\1\
(3) the draft construction permit, (4) the safety evaluation, (5) the
environmental impact statement, (6) the draft record of decision, and
(7) any report submitted by the Advisory Committee on Reactor
Safeguards in compliance with Sec. 182(b) of the AEA and 10 CFR
50.58(a) regarding the Kemmerer Power Station Unit 1 construction
permit and any NRC staff response thereto. If any of these documents
are non-public, then the NRC staff should also file a public version,
if practicable.
---------------------------------------------------------------------------
\1\ If, due to its size, the application is too large to file
through the E-filing system, the NRC staff may file a document that
lists the ADAMS accession number for the package of each part of the
application.
---------------------------------------------------------------------------
No later than January 12, 2026, the Commission may issue written
questions to one or both of the parties (the NRC staff and the
applicant). If such questions are issued, party testimony responding to
such questions, and associated exhibits (if any), are due January 26,
2026, unless the Commission directs otherwise. The applicant may also
file additional written testimony by January 26, 2026.
VI. Interested Government Participants
No later than January 2, 2026, any interested State, local
government body, or Federally recognized Indian Tribe may file with the
Commission a statement of any issues or questions that the State, local
government body, or Indian Tribe wishes the Commission to give
particular attention to as part of the uncontested hearing process.
Such statement may be accompanied by any supporting documentation that
the State, local government body, or Indian Tribe sees fit to provide.
Any statements and supporting documentation (if any) received by the
Commission using the agency's
E-filing system \2\ by the deadline indicated above will be made
part of the record of the proceeding. The Commission will use such
statements and documents as appropriate to inform its questions to the
NRC staff and applicant and its hearing decision.
---------------------------------------------------------------------------
\2\ The process for accessing and using the agency's E-filing
system is described in the June 4, 2024, notice of hearing (89 FR
47997) that was issued by the Commission for this proceeding.
Participants who are unable to use the electronic information
exchange (EIE), or who will have difficulty complying with EIE
requirements in the time frame provided for submission of written
statements, may provide their statements by electronic mail to
[email protected].
---------------------------------------------------------------------------
Many of the procedures and rights applicable to the inherently
adversarial nature of NRC's contested hearing process are not available
in this uncontested hearing. Participation in the NRC's contested
hearing process is governed by 10 CFR 2.309 (for persons or entities,
including a State, local government, or Indian Tribe seeking to file
contentions of their own) and 10 CFR 2.315(c) (for an interested State,
local government, or Federally recognized Indian Tribe seeking to
participate with respect to contentions filed by others). Participation
in this uncontested hearing does not affect the right of a State, a
local government, or an Indian Tribe to participate in a separate
contested hearing process.
Dated at Rockville, Maryland, this 18th day of December, 2025.
For the Nuclear Regulatory Commission.
Carrie Safford,
Secretary of the Commission.
[FR Doc. 2025-23678 Filed 12-22-25; 8:45 am]
BILLING CODE 7590-01-P