[Federal Register Volume 91, Number 97 (Wednesday, May 20, 2026)]
[Notices]
[Pages 29515-29518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-10073]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-614; NRC-2025-0079]
Long Mott Energy, LLC; Long Mott Generating Station;
Environmental Assessment, Finding of No Significant Impact, and
Exemptions
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
environmental assessment (EA) and finding of no significant impact
(FONSI) regarding the NRC's consideration of issuance of a construction
permit (CP) to Long Mott Energy, LLC (LME) for the proposed Long Mott
Generating Station (LMGS) located in Calhoun County, Texas. If
approved, the CP would authorize the construction of four Xe-100 small
modular, high-temperature reactors that use solid tri-structural
isotropic fuel and a helium gas cooling system. In addition, the NRC is
issuing exemptions from certain NRC requirements which state that the
NRC staff shall prepare and issue an environmental impact statement
(EIS) to support the issuance of a CP for a nuclear power reactor
facility. The NRC is granting the exemptions, and issuing the
environmental assessment (EA) and FONSI concurrently to satisfy its
obligations under the National Environmental Policy Act of 1969 (NEPA)
and requirements under NRC regulations, related to the proposed action.
DATES: The EA and FONSI referenced in this document were available on
May 18, 2026. The exemption was issued on May 18, 2026.
ADDRESSES: Please refer to Docket ID NRC-2025-0079 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-2025-0079. 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]. 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: Adrian Mu[ntilde]iz, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-4093; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
On March 31, 2025, LME submitted, pursuant to part 50 of title 10
of the Code of Federal Regulations (10 CFR), ``Domestic Licensing of
Production and Utilization Facilities,'' a CP application for a reactor
facility. The application included an environmental report (ER), as
required by 10 CFR 50.30(f) and 51.50(a). On May 12, 2025, the NRC
staff determined that the application was acceptable for docketing
under Docket No. 50-614 (90 FR 24428).
If approved, the LMGS reactor facility would be located in
Seadrift, Texas, and would contain four Xe-100 small modular, helium
gas cooled, high-temperature reactors that use solid tri-structural
isotropic fuel. The LMGS site is adjacent to an industrial facility,
known as Seadrift Operations (SDO). SDO produces various chemical
products.
Section 103 of the Atomic Energy Act of 1954, as amended, and its
implementing regulations authorize the NRC to issue CPs for commercial
power facilities. To issue a CP, the NRC is required to consider the
environmental impacts of the proposed action under NEPA. The NRC's
environmental protection regulations that implement NEPA in 10 CFR part
51 identify actions for which the NRC prepares an EIS. CPs for
commercial nuclear power reactors are an action identified as requiring
an EIS.
Based on an initial review of the ER submitted as part of the CP
application for LMGS, the NRC staff concluded that it would be prudent
to prepare an EA to determine whether preparation of an EIS would be
necessary or whether a FONSI could be issued. The decision to consider
an EA was based upon the staff's initial evaluation of the
environmental impacts described in the ER, which indicated that a FONSI
was possible and that preparation of an EA was appropriate.
The NRC staff has prepared an EA for the LMGS CP application in
accordance with the requirements in 10 CFR 51.30, ``Environmental
assessment.'' In the EA, the NRC staff analyzed the environmental
impacts of the requested CP and alternatives, as appropriate, and
concluded ``that the potential impacts from Long Mott Generating
Station would be SMALL for each potentially affected environmental
resource.''
Based on this EA and in accordance with 10 CFR 51.31(a),
``Determinations based on environmental assessment,'' the NRC staff has
determined that preparation of an EIS is not necessary for the Long
Mott Generating Station CP application and has prepared a FONSI in
accordance with 10 CFR 51.32, ``Finding of no significant impact.'' The
FONSI is detailed in Section III of this document.
The NRC staff determined that exemptions from the regulations in 10
CFR 51.20(b)(1), 10 CFR 51.25, and 10 CFR 51.75(a) are necessary to
issue an EA and FONSI instead of an EIS to meet the staff's obligations
under NEPA and the NRC's regulations for the environmental review of
the LMGS CP application. Pursuant to 10 CFR 51.6, the NRC staff
concluded that the exemptions are authorized by law and are otherwise
in the public interest. Accordingly, the NRC is issuing exemptions from
the requirements in 10 CFR 51.20(b)(1), 10 CFR 51.25, and 10 CFR
51.75(a). The exemptions are discussed in Section V of this document.
[[Page 29516]]
II. Summary of Environmental Assessment
Description of the Proposed Action and Need
The proposed action is for the NRC to issue a CP to LME authorizing
construction of four Xe-100 modular reactors. The NRC issuance of a CP
would constitute authorization for LME to proceed with the construction
of the four Xe-100 reactors at a site at Seadrift Operations in
Seadrift, Texas. The proposed action also includes the granting of
exemptions from the requirements in 10 CFR 51.20(b)(1), 10 CFR 51.25,
and 10 CFR 51.75(a).
The issuance of a CP is a separate licensing action from the
issuance of an operating license (OL). If the NRC issues the CP, LME
would have to submit a separate application to operate the facility
pursuant to the NRC's regulations, and obtain NRC approval before it
could operate the LMGS reactors. The NRC staff would review any
application for an OL for LMGS for new and significant information
related to the environmental impacts of operating and decommissioning
LMGS that might alter the staff's conclusions made in the EA for the CP
application.
LME stated that the need for the LMGS is to replace the existing
fossil fuel facility which provides steam and electricity to SDO.
Electrical power and steam for SDO is currently provided by an adjacent
natural-gas fired cogeneration plant and associated gas turbines and
heat generators, which are reaching the end of their operational life.
LME also stated there is a need to demonstrate the Xe-100 reactor in
support of the U.S. Department of Energy's Advanced Reactor
Demonstration Program.
Environmental Impacts of the Proposed Action
In the EA, the NRC staff assessed the potential environmental
impacts from the proposed action associated with the following relevant
resource areas: land use and visual resources; air quality and noise;
hydrogeology and water resources; ecological resources; historic and
cultural resources; socioeconomics and human health; nonradiological
waste management; uranium fuel cycle and radiological waste management;
transportation of radioactive material; and postulated accidents.
In the EA, the NRC staff determined that the environmental impacts
of the proposed action would be SMALL for each potentially affected
environmental resource, meaning that the environmental effects are not
detectable or are so minor that they will neither destabilize nor
noticeably alter any important attribute of the resource. In addition,
the NRC staff determined that the projected effects of climate change
would not alter any of the impact determinations described in the EA.
The NRC staff also determined that there would be no additional
environmental impacts resulting from the issuance of the exemptions.
Environmental Impacts of the Alternatives to the Proposed Action
The NRC staff identified a range of reasonable alternatives to the
proposed action and the environmental impacts of the alternatives as
appropriate. Because part of the purpose and need for the proposed
Federal action is to demonstrate the Xe-100 reactor, the NRC did not
consider energy alternatives to the proposed action. The NRC staff did
consider three alternative sites adjacent to or near the SDO meeting
the purpose and need, but determined that none of these sites would
substantially differ with respect to environmental impacts. In
addition, the NRC staff's EA analyzed the impacts of the no-action
alternative in which the NRC would not issue a CP to LME.
III. Finding of No Significant Impact
The proposed action before the NRC is whether to issue a CP to LME
to authorize construction of the four modular reactors making up the
LMGS. The proposed action also includes whether to grant exemptions
from the requirements in 10CFR 51.20(b)(1), 10 CFR 51.25, and 10 CFR
51.75(a). The NRC has conducted an environmental review of the
application for the CP for the LMGS project as well as the proposed
exemptions and prepared an EA. This FONSI incorporates by reference the
EA summarized in Section II of this notice and referenced in Section IV
of this notice. Based on the NRC staff's determinations in the EA that
the environmental impacts would be SMALL for each potentially affected
resource area and there would be no additional environmental impacts
resulting from the issuance of the exemptions, the NRC staff has
determined that the proposed action would not have a significant effect
on the quality of the human environment. Accordingly, the NRC staff has
made a determination that preparation of an EIS is not required for the
proposed action and that a FONSI is warranted. This finding and the
related environmental documents referenced throughout the EA are
available for public inspection as discussed in the EA and Section IV
of this notice.
IV. Availability of Documents
The EA, FONSI, and other related documents are accessible online in
the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. The documents identified in the following table are
available to interested persons through ADAMS, as indicated.
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Document title ADAMS accession No.
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Environmental Assessment and Finding of No Significant ML26112A016.
Impact for the Construction Permit and Environmental
Review Exemptions for the Long Mott Generating Station.
Long Mott Energy, LLC, Construction Permit Application for ML25090A057 (Package).
Long Mott Generating Station, dated March 31, 2025.
Long Mott Energy, LLC, Construction Permit Application Part ML25090A063.
III Environmental Report, dated March 31, 2025.
Long Mott Generating Station Construction Permit ML25155B841.
Application Review Schedule and Resource Estimate, dated
June 10, 2025.
Long Mott Energy, LLC, Long Mott Generating Station Site ML25240B607.
Audit Plan, dated August 29, 2025.
Long Mott Energy, LLC, Long Mott Generating Station Site ML26075A148.
Audit Summary Report, dated March 30, 2026.
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V. Exemptions
Background
On March 31, 2025, LME submitted a CP application and ER for the
proposed LMGS reactor facility in Seadrift, Texas. On May 12, 2025, the
NRC staff determined that the application was acceptable for docketing.
The NRC's regulations in 10 CFR part 51 implement NEPA, and in
accordance with 10 CFR 51.20(b)(1), the NRC staff is required to
develop an EIS for the issuance of the CP for a nuclear power reactor.
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Action
The regulations in 10 CFR part 51 implement NEPA in a manner that
is consistent with NRC's domestic licensing and related regulatory
authority under the Atomic Energy Act of 1954, as amended, and the
Energy Reorganization Act of 1974, as amended. The NRC's environmental
protection regulations that implement NEPA in 10 CFR part 51 identify
actions for which the NRC prepares an EIS. Issuance of CPs for nuclear
power reactors are the type of action identified as requiring an EIS.
Based on a review of the ER submitted as part of the CP application
for LMGS, the NRC staff concluded that it would be prudent to prepare
an EA to determine whether preparation of an EIS would be necessary or
whether a FONSI could be issued. The NRC staff finalized the EA for the
LMGS CP application, which is summarized in Section II of this
document. Based on the EA, the NRC staff has determined that
preparation of an EIS is not necessary for the LMGS CP application and
has prepared a FONSI, which is detailed in Section III of this
document.
The NRC staff determined that exemptions from the regulations in 10
CFR 51.20(b)(1), 10 CFR 51.25, and 10 CFR 51.75(a) are necessary to
issue an EA and FONSI instead of an EIS to meet the staff's obligations
under NEPA and the NRC's regulations for the environmental review of
the LMGS CP application. The regulation in 10 CFR 51.20(b)(1) requires
an EIS or a supplement to an EIS for the issuance of a permit to
construct a nuclear power reactor. Based on the EA, which is summarized
in Section II of this document, and in accordance with 10 CFR 51.31(a),
the NRC staff has determined that preparation of an EIS is not
necessary for the LMGS CP application and has prepared a FONSI, which
is detailed in Section III of this document. Since the NRC staff is
issuing a FONSI instead of an EIS for the LMGS CP environmental review,
an exemption from 10 CFR 51.20(b)(1) is needed.
The regulation in 10 CFR 51.25 requires that the appropriate NRC
staff director determine on the basis of the criteria and
classifications of types of actions in 10 CFR 51.20, ``Criteria for and
identification of licensing and regulatory actions requiring
environmental impact statements,'' whether an EIS or EA should be
prepared. The NRC staff did not use the criteria in 10 CFR 51.20 to
determine whether an EIS or EA should be prepared for the LMGS CP
environmental review. Instead, based on factors unique to the LMGS CP
application, and in accordance with 10 CFR 51.31, the NRC staff
prepared an EA to determine whether preparation of an EIS would be
necessary or whether a FONSI could be issued. Therefore, an exemption
from 10 CFR 51.25 is needed.
The regulation in 10 CFR 51.75(a) requires preparation of an EIS
related to the issuance of a CP for a production or utilization
facility. The NRC staff prepared an EA for the LMGS CP environmental
review in accordance with 10 CFR 51.31, to determine whether
preparation of an EIS would be necessary or whether a FONSI could be
issued. Since the LMGS CP application is for a utilization facility, an
exemption from 10 CFR 51.75(a) is needed.
Discussion
Pursuant to 10 CFR 51.6, ``Specific exemptions,'' the Commission
may, upon application of any interested person, or upon its own
initiative, grant exemptions from the requirements of 10 CFR part 51
that it determines are (1) authorized by law and (2) otherwise in the
public interest.
Exemptions Are Authorized by Law
The exemptions allowing the NRC staff to issue an EA and FONSI
instead of an EIS are authorized by law because the NRC will satisfy
its NEPA obligations by issuing an EA and FONSI for the LMGS, and the
issuance of this EA and FONSI will not violate any other applicable
statute or NRC regulation. NEPA provides flexibility for how the NRC
can satisfy its statutory obligations. Section 102(2)(C) of NEPA, 42
U.S.C. 4332(2)(C), as amended by the Fiscal Responsibility Act of 2023,
states that agencies must provide a ``detailed statement'' for ``major
Federal actions significantly affecting the quality of the human
environment.'' Section 106(b)(1) of NEPA states that any agency shall
issue an EIS for an action ``that has a reasonably foreseeable
significant effect on the quality of the human environment.'' Section
106(b)(2) states that an agency shall prepare an EA for an action
``that does not have a reasonably foreseeable significant effect on the
quality of the human environment, or if the significance of such effect
is unknown,'' unless the agency finds that the proposed action is
excluded pursuant to, among other things, another provision of law.
Further, Section 106(b)(2) provides that the EA shall be a concise
public document prepared by a Federal agency to set forth the basis of
such agency's finding of no significant impact or determination that an
environmental impact statement is necessary.
The EA for LMGS evaluated the potential impacts to 16 environmental
resources relevant to the construction, operation, and decommissioning
of LMGS. The EA concluded that the environmental impacts would be SMALL
for each of the 16 potentially affected resource areas, and that the
proposed action would not have a significant effect on the quality of
the human environment.
Based on this EA and in accordance with 10 CFR 51.31(a), the NRC
staff has determined that preparation of an EIS is not necessary for
the LMGS CP application and has prepared a FONSI in accordance with 10
CFR 51.32. A summary of the EA and the detailed FONSI are located in
Section II and III of this document respectively. As such, the NRC
staff concludes that its statutory obligations under NEPA will be
satisfied by issuance of the EA and FONSI.
As previously noted, 10 CFR 51.6 allows the NRC to grant exemptions
from the requirements of 10 CFR part 51. The NRC has determined that
granting the proposed exemptions will not result in a violation of the
Atomic Energy Act of 1954, as amended, NEPA, other applicable statutes,
or the NRC's regulations. Accordingly, the NRC finds that the
exemptions are authorized by law.
Exemptions Are Otherwise in the Public Interest
The NRC staff has determined that the exemptions are in the public
interest because they allow the Commission to regulate with efficiency
in accordance with the NRC's ``Principles of Good Regulation.'' \1\ The
NRC's mission is to regulate the nation's civilian use of radioactive
materials to provide reasonable assurance of adequate protection of
public health and safety and to promote common defense and security and
to protect the environment. The NRC adheres to its Principles of Good
Regulation in carrying out this mission. These principles focus on
ensuring safety and security while appropriately balancing the
interests of NRC's stakeholders, including the public interest. The NRC
is enabling the safe and secure deployment of advanced nuclear
technologies for the benefit of the public.
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\1\ https://www.nrc.gov/about-nrc/values.html.
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The NRC describes the ``Efficiency'' principle, in part, as
follows: ``Regulatory activities should be consistent with the degree
of risk reduction they achieve. Where several effective alternatives
are available, the option which minimizes the use of
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resources should be adopted. Regulatory decisions should be made
without undue delay.'' Consistent with the NRC's ``Efficiency''
principle, granting these exemptions, allows the NRC to ``minimize the
use of resources'' and make its regulatory decision as efficiently as
possible while still fulfilling its NEPA obligations through its
evaluation of the environmental impacts of the proposed action and
alternatives, and the issuance of an EA and FONSI. By aligning the
level of NEPA review with the project's potential environmental
impacts, the NRC staff was able to conduct an efficient yet thorough
analysis. This approach maintained the quality and integrity of the
environmental review while supporting timely, informed decision-making.
Environmental Considerations for Exemptions
In accordance with 10 CFR 51.31(a), the Commission has determined
that the granting of these exemptions will not have a significant
effect on the quality of the human environment, as discussed in the NRC
staff's EA and FONSI. A summary of the EA and the detailed FONSI are
located in Sections II and III of this document, respectively.
Exemption Conclusion
Accordingly, the NRC has determined that pursuant to 10 CFR 51.6,
that the exemptions are authorized by law and are otherwise in the
public interest. Therefore, the NRC hereby grants one-time exemptions
from the requirements in 10 CFR 51.20(b)(1), 10 CFR 51.25, and 10 CFR
51.75(a) to allow the NRC to issue an EA and FONSI instead of an EIS to
meet its obligations under NEPA and the NRC's regulations for the
environmental review of the LMGS CP application.
The exemptions are effective on May 18, 2026.
(Authority: 42 U.S.C. 2011 et seq.)
For the Nuclear Regulatory Commission.
Dated: May 18, 2026.
Mehdi Reisi Fard,
Deputy Director, Division of Advanced Reactors and Non-power Production
and Utilization Facilities, Office of Nuclear Reactor Regulation.
[FR Doc. 2026-10073 Filed 5-19-26; 8:45 am]
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