ML22249A084

Letter to Alabama-Coushatta Tribe of Texas, Notification of the Availability of the Deis for the Construction Permit for Kairos Hermes Test Reactor in Oak Ridge, Tn

ML22249A084
Person / Time
Site:	Hermes
Issue date:	09/26/2022
From:	Kenneth Erwin NRC/NMSS/DREFS/ERMB
To:	Sylestine R Alabama-Coushatta Tribe of Texas
Doub/Barnhurst NMSS/REFS/ENRB
References
Download: ML22249A084 (3)

Text

September 26, 2022 Rick Sylestine Tribal Council Chairman Alabama-Coushatta Tribe of Texas 571 State Park Road 56 Livingston, TX 77351

SUBJECT:

SECTION 106 CONSULTATION AND NOTIFICATION OF THE ISSUANCE OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT FOR THE CONSTRUCTION PERMIT FOR THE KAIROS HERMES TEST REACTOR IN OAK RIDGE, TENNESSEE (DOCKET NUMBER: 50-7513)

Dear Chairman Rick Sylestine:

The U.S. Nuclear Regulatory Commission (NRC) staff is conducting an environmental review for a construction permit (CP) application submitted by Kairos Power, LLC (Kairos) pursuant to title 10 of the Code of Federal Regulations part 50, that would allow construction of a non-power test reactor termed Hermes on a 185-acre site located in Oak Ridge, Tennessee. As part of the review, the NRC staff has completed a draft environmental impact statement (EIS). The draft EIS, NUREG-2263, Environmental Impact Statement for the Construction Permit for the Kairos Hermes Test Reactor, is publicly available from the NRCs Agencywide Documents Access and Management System (ADAMS) as ML22259A126. ADAMS is accessible from the NRC website at https://www.nrc.gov/reading-rm/adams.html.

The draft EIS includes analyses of relevant environmental issues and documents the NRC staffs determination regarding effects of constructing the Kairos Hermes test reactor. As discussed in chapter 5 of the draft EIS, the NRC staffs preliminary recommendation, unless safety issues mandate otherwise, is that the CP be issued as proposed. This recommendation is based on: (1) the analysis and findings of the staffs independent environmental review documented in the draft EIS; (2) consultation with Federal, State, Tribal, and local agencies; (3) the environmental report submitted by the applicant; and (4) the consideration of public comments. If a CP were granted, it would not authorize operation of the reactor. Should Kairos choose to proceed with its proposed project, they would need to apply for, and receive, a separate operating license from the NRC. This authorization would constitute a separate NRC undertaking and would require the NRC to prepare a supplement to the CP final EIS.

In a letter dated March 4, 2022 (ML22031A289), the NRC staff notified you that in accordance with title 36 Code of Federal Regulations (36 CFR) section 800, Protection of Historic Properties section 800.8(c), the NRC is using the National Environmental Policy Act process to comply with section 106 of the National Historic Preservation Act of 1966, as amended (NHPA), in lieu of the procedures set forth in 36 CFR 800.3 through 800.6. The purpose of this letter is to continue NRCs NHPA section 106 government-to-government consultation with the Alabama Coushatta Tribe of Texas and to invite you to review and comment on the draft EIS. Chapter 3.5 of the draft EIS contains a discussion of historic and cultural resources and historic properties identified in the direct and indirect area of

R. Sylestine potential effects, discusses impacts to historic and cultural resources from construction and operation as well as the NRC staffs preliminary determination of no adverse effect to historic properties. It also addresses cumulative impacts to historic and cultural resources and provides a summary of the results of NRCs ongoing NHPA section 106 consultation process. The historic and cultural resources analysis is based on a virtual environmental audit conducted by NRC staff with Kairos staff, a review of historic and archaeological records at the Tennessee Historic Commission and the Tennessee Division of Archaeology offices, and NRC's ongoing consultation.

The NRC staff plans to hold a public meeting to discuss the analyses and results in the draft EIS and provide a presentation on the contents of the draft EIS on Wednesday, November 16, 2022, at the Hilton DoubleTree, 215 S. Illinois Avenue in Oak Ridge, Tennessee. The meeting will convene at 7:00p.m. and will continue until 9:00p.m. EST, as necessary. Those unable to attend in person may view and participate in the meeting virtually and should monitor the NRCs Public Meeting Schedule website at https://www.nrc.gov/pmns/mtg for access information. Meeting details will also be available by November 1, 2022, at https://www.nrc.gov/reactors/non-power/kairos-hermes.html. The meeting will be transcribed and will include: (1) a presentation of the contents of the draft EIS; and (2) the opportunity for interested government agencies, organizations, and individuals to provide comments on the draft EIS. Additionally, the NRC staff will host an open house one hour before the start of the meeting during which members of the public may meet with NRC staff. You and your staff are invited to attend.

Pursuant to 36 CFR 800.8 (c), the NRC invites your office to submit any comments or concerns you feel are appropriate on the draft EIS during the 60-day comment period, which ends on December 6, 2022. Comments can be submitted: (1) by email to KairosHermes-CPEIS@nrc.gov; or (2) in person during the public meetings. After consideration of public comments received, as well as information received through consultation, the NRC will prepare a final EIS, which is scheduled to be published in September 2023.

If you have any questions concerning the NRC staffs environmental review of this CP application, please contact Peyton Doub via phone at (301) 415-6703 or via email at Peyton.Doub@nrc.gov or Tamsen Dozier via phone at (301) 415-2272 or via email at Tamsen.Dozier@nrc.gov.

Sincerely, Signed by Erwin, Kenneth on 09/26/22 Kenneth Erwin, Chief Environmental Review New Reactors Branch Division of Rulemaking, Environment, and Financial Support Office of Nuclear Material Safety and Safeguards Docket No: 50-7513 cc: Bryant Celestine, THPO

ML22249A084 OFFICE PM:REFS LA:REFS NAME PDoub AWalker-Smith DATE 09/13/2022 09/13/2022 OFFICE OGC (NLO) BC:REFS NAME MWright KErwin DATE 09/22/2022 09/26/2022