[Federal Register Volume 91, Number 163 (Tuesday, August 25, 2026)]
[Notices]
[Pages 54890-54892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-17253]
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NUCLEAR REGULATORY COMMISSION
[Docket Nos. 050-616 and 050-617; NRC-2026-0265]
SMR, LLC; Palisades SMR, LLC; Pioneer Units 1 and 2;
Environmental Assessment and Finding of No Significant Impact
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) for an exemption requested by SMR, LLC on behalf of Palisades
SMR, LLC (Palisades SMR), associated with certain excavation support
activities for the proposed dual-unit SMR-300 plant, Pioneer Units 1
and 2, at the Palisades Energy Center in Covert, Michigan.
Specifically, Palisades SMR is requesting an exemption, pursuant to NRC
regulations, to allow for construction of support of excavation (SOE)
walls during SMR-300 excavation and prior to issuance of a Limited Work
Authorization (LWA), if approved. Based on the analyses presented in
the EA, the NRC staff determined that there would be no significant
environmental impacts associated with granting the requested exemption.
DATES: The EA and FONSI referenced in this document are available on
August 24, 2026.
ADDRESSES: Please refer to Docket ID NRC-2026-0265 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-2026-0265. Address
questions about Docket IDs in Regulations.govto 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]. 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.
FOR FURTHER INFORMATION CONTACT: Robert Hoffman, Office of Advanced
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1107; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated December 31, 2025 (ADAMS Package Accession No.
ML25365A983), SMR, LLC, submitted the first part (Part 1) of a phased
construction permit (CP) application to the NRC on behalf of Palisades
SMR for a dual-unit SMR-300 plant, Pioneer Units 1 and 2, which would
be co-located with the Palisades Nuclear Plant at the Palisades Energy
Center in Covert, MI. The NRC determined that Part 1 of the phased
construction permit CP application was acceptable for docketing on
February 13, 2026 (ADAMS Accession No. ML26041A223).
Part 1 of the phased CP application includes a LWA request pursuant
to paragraph 50.10(d) of title 10 of the Code of Federal Regulations
(10 CFR), ``Request for limited work authorization,'' three exemption
requests, and a comprehensive environmental report. The NRC is
currently developing an environmental impact statement (EIS) to address
the environmental impacts of construction, operation, and
decommissioning of Pioneer Units 1 and 2, and expects to publish the
draft EIS for public comment in the fall of 2026.
Part 1 of the phased CP application includes an exemption request
from 10 CFR 50.10(c) to allow for construction of SOE walls, which
would remain in place after construction is complete. The proposed
exemption would allow Palisades SMR to proceed, prior to issuance of an
LWA, if approved, with this limited construction activity. Palisades
SMR has requested that the NRC consider and approve the exemption
independently of, and prior to, completion of the NRC's review of the
remainder of Part 1 of the phased CP application. Granting this
exemption request would not constitute a commitment by the NRC to issue
an LWA or CP for Pioneer Units 1 and 2, and Palisades SMR would perform
the excavation support activities assuming the risk that its CP
application may later be denied.
The NRC has prepared an EA (ADAMS Accession No. ML26230A249) as
part of its review of the exemption request in accordance with the
requirements of 10 CFR 51.21, ``Criteria for and identification of
licensing and regulatory actions requiring environmental assessments.''
Based on the results of the EA, the NRC has determined not to prepare
an EIS and is issuing a FONSI pursuant to 10 CFR 51.31.
II. Discussion
The proposed Federal action is NRC approval of Palisades SMR's
request for an exemption from the NRC regulations at 10 CFR 50.10(c),
which would allow construction of SOE walls during SMR-300 excavation
and prior to issuance of an LWA, if approved by the NRC. Palisades SMR
plans to install three different permanent retaining wall designs:
diaphragm walls, soldier pile soil mixed walls, and perimeter cutoff
walls. Tieback anchors would be used, as necessary, to support the
differing wall designs. To accomplish the proposed Federal action, the
reinforced concrete panel diaphragm walls, soldier pile soil mixed
walls, and perimeter cutoff walls (all part of the SOE walls) would be
installed using traditional construction techniques.
SOE walls would remain in place after construction is complete.
Issuance of the exemption would allow Palisades SMR to proceed with SOE
wall installation, prior to issuance of an LWA, if approved. Palisades
SMR asserts that the SOE wall installation serves no function with
respect to structural components of the containment structures (CS),
reactor auxiliary building (RAB), or intermediate building (IB) support
or radiological health or safety but is needed for construction worker
safety during excavation. If excavation is delayed until after the
issuance of the LWA, if approved by the NRC, activities for the below
grade portions of the CS, RAB, IB and portions of select systems,
structures, and components could add a significant time delay and
construction costs to the Pioneer Units 1 and 2 project. Delaying the
construction of Pioneer Units 1 and 2 could also delay the addition of
680 megawatts of energy and a reliable lower cost energy supply in the
State of Michigan. Palisades SMR anticipates that the cost of any delay
of the commercial operation of Pioneer Units 1 and 2 would be
substantial.
In the EA, the NRC staff evaluated the proposed action to identify
resource areas that could be affected and the potential for
environmental impacts. This evaluation considered the nature and scope
of the proposed activities and site-specific information. Based on this
review, the NRC staff determined that the proposed action would not
result in significant impacts to land use,
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terrestrial resources, aquatic resources, threatened and endangered
species, air quality, nonradiological health, nonradioactive waste,
socioeconomics, surface water, groundwater, historic and cultural
resources, radiological human health and radiological waste management.
Additionally, the NRC staff conducted consultation pursuant to Section
106 of the National Historic Preservation Act of 1966, as amended,
independent of the NRC staff's National Environmental Policy Act
environmental review. The NRC staff determined that the proposed action
would result in No Historic Properties Affected, as defined in 36 CFR
800.4(d)(1).
The NRC staff also considered the alternative of denying the
exemption request and determined that denial of the exemption request
would avoid the environmental impacts discussed in this EA unless the
NRC grants the applicant's request for an LWA in Part 1 of the phased
CP application, in which case the impacts would then be delayed and
incurred during LWA activities, if approved. A denial of this exemption
and subsequent delay of the excavation-related activities, if the LWA
is approved, could result in project costs and schedule delays to the
Pioneer Units 1 and 2 project. Accordingly, the NRC staff determined
that there are no alternatives that meet the need for the proposed
action and that are environmentally preferable to the proposed action.
III. Finding of No Significant Impact
The proposed action before the NRC is whether to issue the
exemption authorizing the construction of permanent SOE walls during
excavation activities and prior to issuance of an LWA, if approved. As
required by 10 CFR 51.21, the NRC prepared the EA. This FONSI
incorporates by reference the EA summarized in Section II of this
notice. Based on the analysis presented in the EA, the NRC staff has
determined that the proposed action will not have a significant impact
on the quality of the human environment. Accordingly, the NRC staff has
determined that the preparation of an EIS is not required for the
proposed Federal action and that a FONSI is warranted. This finding and
the related environmental documents referenced throughout the EA are
available for public review as discussed in the EA and above under
ADDRESSES.
Authority: 42 U.S.C. 2011 et seq.
For the Nuclear Regulatory Commission.
Dated: August 20, 2026.
Nathan Sanfilippo,
Director, Division of Advanced Reactor Programs, Office of Advanced
Reactors.
[FR Doc. 2026-17253 Filed 8-24-26; 8:45 am]
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