[Federal Register Volume 91, Number 39 (Friday, February 27, 2026)]
[Notices]
[Pages 9892-9895]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03943]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 50-616 and 50-617; NRC-2026-0265]
SMR, LLC; Pioneer Units 1 and 2; Phased Construction Permit
Application--Limited Work Authorization
AGENCY: Nuclear Regulatory Commission.
ACTION: Acceptance for docketing; opportunity to request a hearing and
petition for leave to intervene; request for comment; order imposing
procedures.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has accepted for
review and docketed the first part of a phased construction permit (CP)
application, including a limited work authorization (LWA) request,
submitted by SMR, LLC (SMR), a Holtec International Company, for a
dual-unit SMR-300 plant located at the Palisades Energy Center (PEC) in
Covert, Michigan. The units are individually named Pioneer Unit 1 and
Pioneer Unit 2. In addition, the NRC is providing notice that an
uncontested hearing will be held on SMR's 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 with an
opportunity to request a hearing and petition for leave to intervene
(i.e., contested hearing) with respect to that application. If the NRC
issues an LWA, the applicant, SMR, would be authorized to conduct
certain early construction activities of a dual-unit SMR-300 plant at
the PEC site. 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: A request for a hearing or petition for leave to intervene must
be filed by April 28, 2026. 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 March 9, 2026.
ADDRESSES: Please refer to Docket ID NRC-2026-0265 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-2026-0265. 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 ADAMS Public 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]. Part 1 of the Pioneer Units 1 and 2 phased
construction permit application, including the Limited Work
Authorization request, is available in ADAMS under Package Accession
No. ML25365A983.
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.
NRC's Public Website: Part 1 of the phased construction
permit application, including the Limited Work Authorization request,
is available under the NRC's Pioneer Units 1 and 2 Limited Work
Authorization Application public website https://www.nrc.gov/reactors/new-reactors/advanced/who-were-working-with/applicant-projects/pioneer.
FOR FURTHER INFORMATION CONTACT: Victoria Huckabay, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-5183; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Discussion
On December 31, 2025, SMR, on behalf of Palisades SMR, LLC, filed
with the NRC the first part (Part 1) of a phased CP application for a
utilization facility pursuant to Section 103 of the Atomic Energy Act
and title 10 of the Code Federal Regulations (10 CFR) part 50,
``Domestic Licensing of Production and Utilization Facilities.'' Part 1
of the application includes a limited work authorization request
pursuant to 10 CFR 50.10(d), ``Request for limited work
authorization''; three exemption requests; and a comprehensive
environmental report. The submittal is the first part of a CP
application for a dual-unit SMR-300 nuclear power plant, consisting of
two individual SMR-300 small modular reactors individually named
Pioneer 1 and Pioneer 2, respectively, at the PEC in Covert, Michigan.
SMR plans to submit Part 2 the phased CP application no later than 18
months after this Part 1 submittal. Consistent with the Atomic Energy
Act of 1954, as amended, and NRC regulations, the NRC is not publishing
a notice of opportunity for hearing on the exemption requests.
A notice of receipt and availability of this application was
previously published in the Federal Register on January 22, 2026 (91 FR
2803). In accordance with the requirements of 10 CFR 50.43(a)(3),
additional notices of receipt and availability are planned to be
published for four consecutive weeks.
The NRC staff has determined that Part 1 of SMR's phased CP
application, including the LWA request, is acceptable for docketing in
accordance
[[Page 9893]]
with 10 CFR 2.101(a) and 10 CFR part 50, and assigned docket numbers
``50-616'' and ``50-617'' for Pioneer Units 1 and 2, respectively. The
NRC staff provided SMR notice of the staff's determination that Part 1
of the phased CP application was acceptable for docketing by letter
dated February 13, 2026 (ADAMS Accession No. ML26041A223).
The NRC staff will perform a detailed technical review of Part 1 of
the phased CP application and document its safety and environmental
findings in a safety evaluation report and an environmental document,
respectively. As Part 1 of the phased CP application for the proposed
Pioneer Units 1 and 2 contains a comprehensive Environmental Report,
the staff's environmental review will address the environmental impacts
associated with the LWA activities (including the requested
exemptions), the remainder of construction to complete the plant, and
plant operations.
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 Commission will conduct a hearing in accordance
with Subpart L, ``Simplified Hearing Procedures for NRC
Adjudications,'' of 10 CFR part 2. Only after competition of the
staff's safety and environmental reviews, and if the Commission finds
that the application meets the applicable standards of the Atomic
Energy Act and the Commission's regulations, and that required
notifications to other agencies and bodies have been made, the
Commission will issue an LWA, 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. A
hearing, if requested, will relate only to matters related to 10 CFR
50.33(a) through (f), and the issues under review for Part 1 of the
phased CP application.
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 designated 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.
IV. Opportunity To Comment
The NRC staff requests comments on Part 1 of the phased
construction permit application, including the limited work
authorization request, from Federal, State, and local agencies and
interested persons, consistent with 10 CFR 2.643. Comments should be
submitted by April 28, 2026, as described in the ADDRESSES section of
this document.
V. 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
(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 (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 (https://www.nrc.gov/site-help/electronic-sub-ref-mat). 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 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
[[Page 9894]]
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 (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, except Federal 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 on the
NRC's public website (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 5 days of receipt of that
determination with: (a) the presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
[[Page 9895]]
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 he or
she 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: February 25, 2026.
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) with 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
containing: (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 shows 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 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 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. 2026-03943 Filed 2-26-26; 8:45 am]
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