[Federal Register Volume 91, Number 54 (Friday, March 20, 2026)]
[Notices]
[Pages 13641-13643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-05487]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 05200051, 05200052, 05200053, and 05200054; NRC-2026-0100]
Fermi America LLC (dba Fermi America); Project Matador Advanced
Energy and Intelligence Campus AP1000 Units 1-4, Project Matador
Nuclear Units 1-4; Notice of Intent To Conduct Scoping Process and
Prepare an Environmental Impact Statement
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; request for comment.
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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of
1969, the U.S. Nuclear Regulatory Commission (NRC) announces its intent
to prepare an environmental impact statement (EIS) to evaluate the
potential environmental impacts associated with Fermi America's
Combined License (COL) application for the proposed construction and
operation of four AP1000 advanced passive pressurized-water reactors--
designated as Project Matador Nuclear (PMN) Units 1-4 (PMN Units 1-4).
PMN Units 1-4 would be located at the Project Matador Advanced Energy
and Intelligence Campus (Project Matador campus). The NRC is initiating
a 30-day public scoping period to gather input on the scope of the EIS.
The NRC invites public comments to identify potential alternatives,
environmental concerns, relevant information and analyses, and specific
issues to be addressed in the EIS. The NRC encourages the public to
provide feedback related to the scope of the proposed Federal action,
whether to issue combined licenses to Fermi America for the
construction and operation of four AP1000 reactors, PMN Units 1-4, at
the Project Matador campus.
DATES: The public may submit comments on the scope of the EIS by April
20, 2026. Comments received after this date will be considered if it is
practical to do so, but the NRC is able to ensure consideration only
for comments received on or before this date. Further information
regarding the proposed applications can be found in Section V of this
notice, ``Virtual Project Information and Engagement.''
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website:
Federal rulemaking website: Go to https://regulations.gov
and search for Docket ID NRC-2026-0100. 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.
Email comments to: [email protected].
Mail comments to: Office of Administration, Mail Stop:
TWFN-5-A85, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Lance Rakovan, Office of Nuclear
Material Safety and Safeguards at the U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001; telephone: 301-415-2589; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2026-0100 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://regulations.gov
and search for Docket ID NRC-2026-0100.
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]. 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 (ET), Monday through Friday, except
Federal holidays.
NRC Public Project Website: Information regarding the
project and engagement opportunities, is available at https://www.nrc.gov/reactors/new-reactors/large-lwr/col/fermi-energy-intel-campus.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2026-0100 in your comment submission in order to
ensure that the NRC is able to make your comment submission available
to the public in this docket.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
[[Page 13642]]
II. Background
On June 17, 2025, Fermi America submitted the initial portion of
its COL application for four AP1000 reactors, PMN Units 1-4 (ADAMS
Package Accession No. ML25169A395). The proposed reactors would be
located at the Project Matador campus in Carson County, Texas, adjacent
to the U.S. Department of Energy's Pantex Plant.
The initial submittal included general, financial, and
environmental information. The NRC acknowledged receipt of the initial
submittal in a letter dated July 7, 2025 (ADAMS Accession No.
ML25182A087).
On August 20, 2025, Fermi America provided a second submittal of
the COL application (ADAMS Accession No. ML25232A199), which included
non-site-specific technical chapters of the Final Safety Analysis
Report. In an acceptance letter dated September 5, 2025 (ADAMS
Accession No. ML25240A918), the NRC acknowledged, among other things,
Fermi America's commitment to participate in the pilot program for
environmental review under the NEPA. This pilot involves the
preparation of an applicant-prepared draft EIS, under NRC supervision.
In accordance with NEPA, as amended, and 42 U.S.C. 4336a(f),
project sponsors (applicants) may prepare environmental documents under
the supervision of a lead agency. The lead agency is required to
independently evaluate the environmental document, which for this
action will be a draft EIS, and assume responsibility for its content.
In compliance with NRC regulations under part 51 of title 10 of the
Code of Federal Regulations (10 CFR), ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions,''
the applicant-prepared draft EIS and supporting documents will include
all information required by 10 CFR 51.45, ``Environmental report.''
III. Discussion
Proposed Action
The proposed Federal action is NRC's decision on whether to issue
COLs to Fermi America, under the provisions of 10 CFR part 52, for the
construction and operation of four AP1000 reactors, PMN Units 1-4,
located at the Project Matador campus, in Carson County, Texas. The
infrastructure at the Project Matador campus may include up to 30
million square feet of hyperscale computing space and approximately 11
gigawatts (GWs) of total energy generation capacity. PMN Units 1-4
would provide a baseload power source directly integrated into Project
Matador's behind-the-meter data infrastructure.
Purpose and Need for the Proposed Action
The purpose of PMN Units 1-4 would be to provide onsite energy
generation for the Project Matador campus. The units would provide 4
GWs of reliable carbon-free baseload power directly used to support the
Project Matador campus. The proposed construction and operation of four
AP1000 nuclear reactors at the Project Matador campus would enable the
deployment of advanced nuclear energy technology to meet the growing
demand for hyperscale data center-aligned, non-interruptible, and
scalable power in the United States.
The need for the proposed action is driven by increasing national
demand for highly reliable and resilient energy to support large-scale
digital infrastructure, including Artificial Intelligence (AI) and data
center operations. In addition to addressing critical energy
reliability and scalability requirements, the proposed facility is
expected to contribute to regional economic development and workforce
expansion. The proposed Federal action would support Federal policy
objectives related to grid decarbonization, the expansion of AI
infrastructure, and the enhancement of national energy security.
As part of its review, the NRC will evaluate the reasonably
foreseeable environmental effects associated with the construction,
operation, and decommissioning of the proposed AP1000 reactors, in
accordance with the NEPA and applicable NRC regulations.
Preliminary Alternatives
The EIS will evaluate a range of reasonable alternatives that are
technically and economically feasible and that meet the purpose and
need of the proposed action. The NRC staff is currently evaluating
potential alternatives for the Fermi America pilot project to determine
which alternatives will be carried forward for detailed evaluation.
At a minimum, the No-Action Alternative will be carried forward for
full analysis. Reasonable alternatives that are technically and
economically feasible and that demonstrate the potential to meet the
project's purpose and need will be identified for further evaluation.
Under the No-Action Alternative, the NRC would not approve the COL
application submitted by Fermi America for the construction and
operation of PMN Units 1-4 located at the Project Matador campus.
Summary of Expected Impacts
The draft EIS will identify, describe and analyze the potential
environmental effects of the proposed action and reasonable
alternatives. Environmental resources that are determined to be
potentially affected will be carried forward for full analysis.
Potential impacts on resources include reasonably foreseeable
environmental effects (whether beneficial or adverse; short term or
long term) on air quality; geology; water resources, including surface
and groundwater; ecological resources, including terrestrial and
aquatic; land use; socioeconomics; radiological and nonradiological
health and waste; uranium fuel cycle; decommissioning; cultural
resources; and transportation. The analysis will consider past, present
and reasonably foreseeable actions that have been identified as
potentially impacting the project baseline environment.
Once the NRC completes its review of the applicant-prepared draft
EIS, it will publish the draft EIS in a future Federal Register notice
for governmental agency and public review and comment. Persons
submitting comments during this scoping process will receive a copy of
the draft EIS. Others who would like to receive a copy when it is
issued should notify the NRC per the FOR FURTHER INFORMATION CONTACT
section.
NEPA Lead and Cooperating Agency Roles
The NRC is the lead Federal agency for the NEPA of 1969, as amended
(42 U.S.C. 4321, et seq.), process for the proposed action. The NRC may
invite other Federal agencies, or State, Tribal, or local agencies of
similar qualifications to become cooperating agencies in the
preparation of the EIS for the proposed action. For purposes of NEPA, a
cooperating agency means any Federal agency (and a State, Tribal, or
local agency with agreement of the lead agency) that has jurisdiction
by law or special expertise with respect to any environmental impact
involved in a proposal or a reasonable alternative.
Anticipated Permits, Authorizations, and Consultations
Federal permits, authorizations, or consultations may be required
for the proposed actions, including consultation or review under the
Endangered Species Act, 16 U.S.C. 1531 et seq.; National Historic
Preservation Act (NHPA), 54 U.S.C. 300101 et seq.; Executive Order
13175 (Consultation
[[Page 13643]]
and Coordination With Indian Tribal Governments); consistency review
under the Coastal Zone Management Act, 16 U.S.C. 1451 et seq.; and
possibly reviews under other laws and regulations determined to be
applicable to the proposed action. To the extent possible, the draft
EIS will concurrently integrate analyses required by other Federal
environmental review requirements. The draft EIS will list all Federal
permits, licenses, and other authorizations that must be obtained in
implementing the proposed action.
Specific to NHPA, the regulations in 36 CFR 800.8, ``Coordination
with the National Environmental Policy Act,'' allow agencies to use the
NEPA process to fulfill the requirements of Section 106 of the NHPA, as
amended (54 U.S.C. 300101, et seq.). Therefore, pursuant to 36 CFR
800.8(c), the NRC intends to use its NEPA process and documentation
required for the preparation of the EIS on the proposed action to
comply with Section 106 of the NHPA in lieu of the procedures set forth
at 36 CFR 800.3 through 800.6.
IV. Request for Comment
This notice informs the public of the NRC's intention to conduct
environmental scoping and prepare an EIS related to the Fermi America
COL application and provides the public with an opportunity to
participate in the environmental scoping process. The NRC considers
stakeholder engagement and transparency in its activities to be
cornerstones for effective regulation.
The NRC intends to gather the information necessary to prepare an
EIS related to the Fermi America COL applications. This notice is being
published in accordance with NEPA and the NRC's regulations at 10 CFR
part 51.
As part of its environmental review, the NRC will first conduct a
scoping process for the EIS and, as soon as practicable thereafter,
will publish a draft EIS for public comment. Participation in this
scoping process by members of the public and local, State, Tribal, and
Federal government agencies is encouraged. The scoping process for the
draft EIS will be used to accomplish the following:
a. Define the proposed action that is to be the subject of the EIS;
b. Determine the scope of the EIS and identify the significant
issues to be analyzed in depth;
c. Identify and eliminate from detailed study those issues that are
peripheral or are not significant or that have been covered by prior
environmental review;
d. Identify any other environmental assessments and EISs that have
been, are being, or will be prepared that are related to, but are not
part of, the scope of the proposed action;
e. Identify other environmental review and consultation
requirements related to the proposed action;
f. Identify parties consulting with the NRC under the NHPA, as set
forth in 36 CFR 800.8(c)(1)(i);
g. Identify any cooperating agencies and, as appropriate, allocate
assignments for preparation and schedules for completing the EIS to the
NRC and any cooperating agencies; and
h. Describe how the EIS will be prepared, including applicant and
contractor participation.
In accordance with 10 CFR 51.28, ``Scoping--participants,'' the NRC
invites the following entities to participate in scoping:
a. The applicant, Fermi America;
b. Any Federal agency that has jurisdiction by law or special
expertise with respect to any environmental impact involved or that is
authorized to develop and enforce relevant environmental standards;
c. Affected State and local government agencies, including those
authorized to develop and enforce relevant environmental standards;
d. Any affected Native American Indian Tribe;
e. Any person who requests or has requested an opportunity to
participate in the scoping process; and
f. Any person who has petitioned or intends to petition for leave
to intervene under 10 CFR 2.309.
Comments may be broad in nature or focused on specific areas of
concern but should be directly relevant to the proposed Federal action,
the NEPA process, or expected resource impacts. The scoping process
allows the public and interested parties to shape the EIS impact
analysis, focusing on the areas of greatest importance and identifying
areas requiring less attention. Comments on the proposed action will be
accepted and considered at any time during the EIS process and may be
directed to the NRC as described under the ADDRESSES section. However,
commenters should be aware that their comments should be timely for
them to be fully considered (e.g., scoping comments received well after
the close of the scoping period would be considered but would be
received too late to be useful for scoping purposes).
V. Virtual Project Information and Engagement
The NRC is announcing that it will maintain project information and
engagement opportunities for the Fermi America COL application located
at the NRC project website (https://www.nrc.gov/reactors/new-reactors/large-lwr/col/fermi-energy-intel-campus). Project information and
engagement will include: (1) information including an overview by the
NRC of the environmental review process, the proposed scope of Fermi
America's COL application, and the proposed environmental review
schedule; and (2) information regarding the opportunity for interested
government agencies, organizations, and individuals to submit comments
or suggestions on environmental issues or the proposed scope of the
EIS.
Participation in the scoping process for the PMN Units 1-4 EIS does
not entitle participants to become parties to the proceeding to which
the EIS relates. Matters related to participation in any hearing are
outside the scope of matters to be discussed as part of the EIS
process.
Dated: March 17, 2026.
For the Nuclear Regulatory Commission.
Daniel Barnhurst,
Chief, Environmental Project Management Branch 3, Division of
Rulemaking, Environmental, and Financial Support, Office of Nuclear
Material Safety and Safeguards.
[FR Doc. 2026-05487 Filed 3-19-26; 8:45 am]
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