ML23047A540

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Comment (23) E-mail Regarding TRISO-X EIS Scoping
ML23047A540
Person / Time
Site: Triso-X
Issue date: 02/16/2023
From: Public Commenter
Public Commenter
To:
NRC/NMSS/DREFS
NRC/NMSS/DREFS
References
87FR77146
Download: ML23047A540 (10)
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Text

From: O'NEILL, Martin <mjo@nei.org>

Sent: Thursday, February 16, 2023 4:38 PM To: TRISOX-EIS Resource Cc: Jill Caverly; Robert Sun

Subject:

[External_Sender] Docket No. 70-7027; NRC-2022-0201 -- NEI Comments Regarding the Scope of the Environmental Review for the TRISO-X Fuel Fabrication Facility Attachments: NEI Comments on Scope of Environmental Review for TRISO-X FFF (2 2023).pdf Please find attached to this email the Nuclear Energy Institutes (NEI) Comments Regarding the Scope of the Environmental Review for the TRISO-X Fuel Fabrication Facility in Oak Ridge, Tennessee [87 Fed. Reg.

77,146 (Dec. 16, 2022)]. NEI appreciates the opportunity to submit comments in this matter.

Please feel free to contact me with any questions regarding this submittal.

Best regards, Marty ONeill Martin J. ONeill l Associate General Counsel Nuclear Energy Institute 1201 F Street NW, Suite 1100 l Washington, DC 20004 T: 202.739.8139 l mjo@nei.org l www.nei.org This electronic message transmission contains information from the Nuclear Energy Institute, Inc. The information is intended solely for the use of the addressee and its use by any other person is not authorized. If you are not the intended recipient, you have received this communication in error, and any review, use, disclosure, copying or distribution of the contents of this communication is strictly prohibited. If you have received this electronic transmission in error, please notify the sender immediately by telephone or by electronic mail and permanently delete the original message. IRS Circular 230 disclosure:

To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

Federal Register Notice: 87FR77146 Comment Number: 23 Mail Envelope Properties (BYAPR03MB41511DF957A22BA73D0BF55CA4A09)

Subject:

[External_Sender] Docket No. 70-7027; NRC-2022-0201 -- NEI Comments Regarding the Scope of the Environmental Review for the TRISO-X Fuel Fabrication Facility Sent Date: 2/16/2023 4:37:46 PM Received Date: 2/16/2023 4:38:08 PM From: O'NEILL, Martin Created By: mjo@nei.org Recipients:

"Jill Caverly" <Jill.Caverly@nrc.gov>

Tracking Status: None "Robert Sun" <Robert.Sun@nrc.gov>

Tracking Status: None "TRISOX-EIS Resource" <TRISOX-EIS.Resource@nrc.gov>

Tracking Status: None Post Office: BYAPR03MB4151.namprd03.prod.outlook.com Files Size Date & Time MESSAGE 1728 2/16/2023 4:38:08 PM image001.gif 627831 NEI Comments on Scope of Environmental Review for TRISO-X FFF (2-16-2023).pdf 198146 Options Priority: Normal Return Notification: No Reply Requested: No Sensitivity: Normal Expiration Date:

Martin J. ONeill 202.739.8139 Associate General Counsel mjo@nei.org 1201 F Street NW, Suite 1100 Washington, DC 20004 nei.org

[Docket No. 70-7027; NRC-2022-0201]

February 16, 2023 Office of Administration Mail Stop TWFN-7-A60M U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ATTN: Program Management, Announcements and Editing Staff Submitted electronically via TRISOX-EIS@nrc.gov

Subject:

NEI Comments Regarding the Scope of the Environmental Review for the TRISO-X Fuel Fabrication Facility in Oak Ridge, Tennessee [87 Fed. Reg. 77,146 (Dec. 16, 2022)]

The Nuclear Energy Institute (NEI) 1 appreciates the opportunity to provide comments as part of the scoping process for the NRCs environmental review of TRISO-X LLCs application for an initial 40-year 10 CFR Part 70 license to possess and use special nuclear material for the manufacture of high-assay low-enriched uranium (HALEU)-based fuel at a fuel fabrication facility (FFF). The proposed TRISO-X FFF would use uranium enriched to less than 20 percent to produce Tri-structural Isotropic (TRISO) particle fuel products for use in certain advanced reactors. The facility would be located at the Horizon Center Industrial Park in Oak Ridge, Roane County, Tennessee.

As discussed below, the TRISO-X FFF is integral to the nations creation of the domestic fuel supply needed to support next-generation carbon-free nuclear energy and will substantially benefit the commercial nuclear industry, the local community and region, and the broader public interest. We therefore urge the NRC to give due consideration to the urgent need for and benefits of the TRISO-X FFF in its environmental impact statement (EIS). We also encourage the NRC to apply the various review tools and best practices it has developed in recent years and applied in other licensing actions to ensure a thorough and efficient NEPA review of this project.

1 The Nuclear Energy Institute (NEI) is the organization responsible for establishing unified industry policy on matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEIs members include entities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect/engineering firms, fuel cycle facilities, nuclear materials licensees, and other organizations and entities involved in the nuclear energy industry.

Program Management, Announcements and Editing Staff February 16, 2023 Deploying Advanced Reactors and Establishing a Secure and Reliable Domestic Nuclear Fuel Supply Are National Priorities NEI supports the TRISO-X FFF - a critically important, first-of-a-kind project - and the NRCs ongoing review of the license application. The urgent need to deploy advanced nuclear reactors and establish the capacity for a secure and reliable domestic fuel supply for such reactors cannot be overstated. Nuclear power, through both the operating light-water reactor (LWR) fleet and the deployment of advanced reactors, is poised to become an increasingly vital contributor to carbon-free energy in the U.S. and abroad. The United States leads the world in technology innovation with more developers of advanced reactors than any other country. Within the last six years, the Federal Government has enacted significant legislation supporting the development and deployment of advanced reactors: the Nuclear Energy Innovation and Capabilities Act, the Nuclear Energy Innovation and Modernization Act, the Energy Act of 2020, the Infrastructure Investment and Jobs Act, and the Inflation Reduction Act. 2 Many states are also taking actions to facilitate the deployment of advanced nuclear technologies. 3 Congress also has established and funded the Advanced Reactor Demonstration Program (ARDP), 4 which provides a framework for public-private cost-sharing in demonstration projects that will yield reliable, cost effective, licensable, and commercially operational designs. 5 Under the ARDP, the Department of Energy (DOE) will invest a total of $3.2 billion over seven years with industry partners providing matching funds. In 2020, under ARDP Pathway 1, DOE selected X-energy, LLC, the parent company of TRISO-X, to deliver a commercial TRISO fuel fabrication facility and a four-module version of its Xe-100 high-temperature, gas-cooled reactor before the end of this decade. 6 As members of Congress have noted, [m]eeting that target will require that all stakeholders - the ARDP awardees, DOE, NRC, and other project partners -

advance swiftly through the project development and regulatory milestones. 7 2 See, e.g., Atlantic Council, The Inflation Reduction Act reinforces nuclear energys role as a climate solution (Aug. 10, 2022), https://www.atlanticcouncil.org/blogs/energysource/the-inflation-reduction-act-reinforces-nuclear-energys-role-as-a-climate-solution/.

3 See, e.g., NEI, From Alaska to Maine: State Nuclear Energy Policy Action Is Booming (Feb. 9, 2023),

https://www.nei.org/news/2023/alaska-to-maine-state-nuclear-energy-policy-action.

4 Section 9005 of the Energy Act of 2020 formally authorized the ARDP, the primary purpose of which is to demonstrate a variety of advanced nuclear reactor technologies, including those that could be used to produce safer, emissions-free power at a competitive cost of electricity compared to other new energy generation technologies; heat for community heating, industrial purposes, heat storage, or synthetic fuel production; remote or off-grid energy supply; or backup or mission-critical power supplies. 42 USC 16279a(b)(1)(A)-(D).

5 DOE, U.S. Department of Energy Advanced Reactor Demonstration Program, www.id.energy.gov/NEWS/ARDFO/ARDFOOpportunities/ARDFO.htm.

6 DOE, U.S. Department of Energy Announces $160 Million in First Awards under Advanced Reactor Demonstration Program (Oct. 13, 2020), https://www.energy.gov/ne/articles/us-department-energy-announces-160-million-first-awards-under-advanced-reactor.

7 Letter from U.S. Senator Shelley Moore Capito and U.S. Representative Cathy McMorris Rodgers, to The Honorable Gene L. Dodaro, Comptroller General, U.S. Government Accountability Office (Feb. 4, Nuclear Energy Institute 2

Program Management, Announcements and Editing Staff February 16, 2023 Congress has further recognized the urgency to deploy advanced reactors by establishing the Advanced Nuclear Fuel Availability Program to provide a secure and reliable domestic supply of HALEU for such reactors. As part of this program, Section 2001 of the Energy Act of 2020 requires the establishment and periodic updating of a HALEU Consortium to partner with DOE to support the availability of HALEU for civilian domestic demonstration and commercial use. 8 It further directs DOE to prioritiz[e] methods that would produce usable HA-LEU the quickest, and to ensure that the activities carried out under this section do not cause any delay in the progress of any HA-LEU project between private industry and the Department. 9 Through these federally-supported efforts and numerous privately-funded efforts, the U.S.

industry is working to deploy advanced reactors and build the domestic fuel cycle infrastructure (e.g., enrichment, conversion, and fuel fabrication facilities) necessary to support those advanced reactors. Doing so will support the expansion of carbon-free nuclear energy and better position the U.S. to advance nuclear safety and nonproliferation policies around the world, while ensuring a robust, reliable, and secure domestic commercial industry for decades to come. The NRC will play significant part in these efforts given its exclusive authority to license advanced reactors and fuel cycle facilities, including the proposed TRISO-X fuel fabrication facility.

The NRCs Purpose and Need Statement and Analysis of Alternatives Should Reflect These National Policy Considerations and the TRISO-X Technologys Unique Attributes In defining the purpose and need for the proposed action for purposes of its NEPA review, the NRC should consider the significant national policy considerations underlying the TRISO-X project and the unique attributes of the TRISO technology (e.g., multilayer encapsulation of uranium to provide increased safety, proliferation resistance, and functional containment). It is well-established that when reviewing a discrete license application filed by a private applicant, a federal agency may appropriately accord substantial weight to the preferences of the applicant and/or sponsor in the siting and design of the project, including the economic goals of the projects sponsor. 10 Moreover, when discussing the purpose and need for a project, an agency may consider other relevant factors, such as the public interest. Indeed, an agency should always consider the views of Congress, expressed, to the extent that the agency can determine them, in the agencys statutory authorization to act, as well as in other congressional directives. 11 In NRC licensing proceedings, such considerations may provide greater insights 2022), https://www.epw.senate.gov/public/index.cfm/2022/2/capito-mcmorris-rodgers-request-review-of-nrc-preparedness-on-advanced-reactors.

8 42 USC 16281(a)(2)(F).

9 42 USC 16281(a)(2)(D), (J).

10 Hydro Resources, Inc. (P.O. Box 15910, Rio Rancho, NM 87174), CLI-01-4, 53 NRC 31, 55-56 (2001)

(quoting Citizens Against Burlington, Inc. v. Busey, 938 F.2d 190, 197 (D.C. Cir. 1991); City of Grapevine v. Dept of Transp., 17 F.3d 1502, 1506 (D.C. Cir.), cert. denied, 513 US 1043 (1994)).

11 Citizens Against Burlington, 938 F.2d at 196 (D.C. Cir. 1991) (citing City of New York v. Dept of Transp., 715 F.2d 732, 743-45 (2d Cir. 1983)) (emphasis added).

Nuclear Energy Institute 3

Program Management, Announcements and Editing Staff February 16, 2023 into the broader public benefits of the project and assist the NRC in defining reasonable alternatives to the project.

Section 1.2 of TRISO-Xs Environmental Report (ER) notes that the proposed action is intended to satisfy the need for safe and reliable fuel for [advanced reactors], including the Xe-100 reactor being developed by X-energy. 12 As further detailed in the ER, meeting this need will benefit the public interest in multiple, significant respects. For example, it will help:

  • Increase the global competitiveness of the U.S. nuclear industry with adversarial State-Owned Entities in Russia and China by enabling the use of a superior and U.S.-

manufactured fuel form, i.e., uranium oxycarbide (UCO) TRISO.

  • Improve timelines for the deployment of advanced reactors, which require a stable fuel supply and a licensed Category 2 fuel fabrication facility.
  • Advance key U.S. climate, economic, and energy security goals, including bolstering clean energy production from nuclear power, the domestic nuclear fuel supply chain for reactors that use TRISO fuel, the U.S. nuclear workforce, and the nations energy independence. 13 The NRCs purpose and need statement for the proposed action should reflect these important commercial and national policy objectives. 14 This, in turn, will appropriately inform the agencys consideration of reasonable alternatives to the proposed action, as described in Chapter 2 of the TRISO-X FFF Environmental Report. Under NEPAs rule of reason, [t]he applicants stated purpose defines the correlating range of alternatives that should be considered: while different from the specific proposal, the alternatives that should be considered must still accomplish the underlying purpose of the proposed action. 15 Moreover, [t]he consideration of alternatives is bounded by a notion of feasibility, such that [a]lternatives that do not advance the purpose of the [project] will not be considered reasonable or appropriate. 16 The TRISO-X FFF Will Have Positive Economic Impacts on the Community and Region As the NRC weighs the environmental, economic, technical, and other benefits of the proposed action against its environmental and other costs under NEPA, it should consider the positive economic impact of bringing an innovative technology to a community and the exemplary safety record of the nuclear industry. As discussed throughout the ER (see, e.g., Chapters 4, 5, 7, and 12 ER, Rev. 0 (Sept. 2022) at 1-8.

13 Id. at 1-8 to 1-9.

14 See, e.g., Hydro Resources, CLI-01-4, 53 NRC at 55 (noting that the purpose of a proposed uranium mining project was to help maintain the viability of a dwindling domestic uranium mining industry, and that [t]he viability of the industry is a Federal concern, aimed at assuring a dependable, ongoing domestic source of uranium) (internal citations and quotation marks omitted).

15 Paina Hawaii, LLC (Materials License Application), CLI-10-18, 72 NRC 56, 59 (2010).

16 Id. at 78 (internal quotation marks and citations omitted).

Nuclear Energy Institute 4

Program Management, Announcements and Editing Staff February 16, 2023 8), any adverse environmental impacts of the proposed action are expected to be small, and the implementation of mitigation measures proposed by the applicant will further reduce the magnitude of those impacts. Section 4.2 of the ER discusses the positive impacts of the TRISO-X FFF in the region of interest on employment, income, and tax revenues during the facilitys full life cycle. Notably, during the NRCs January 25, 2023, public scoping meeting, local officials, residents, and community organizations expressed strong support for the TRISO-X FFF, which the applicant anticipates will create hundreds of new jobs in eastern Tennessee. 17 TRISO-X President Dr. Pete Pappano summed it up well: Were pleased to see the community so engaged and supportive of our efforts to create sustainable economic opportunities by building on the proud nuclear energy tradition that has existed in Oak Ridge for decades. This is a community and region that well understands the potential of advanced nuclear energy, and we look forward to ongoing engagement with the community and the NRC throughout the license application review process. 18 The NRC Has Proven Tools and Practices to Conduct a Thorough and Efficient Environmental Review of the TRISO-X FFF Project During the scoping process, the NRC should identify all available regulatory and administrative tools to optimize its environmental review of the TRISO-X license application. As demonstrated by the NRCs ongoing review of Kairos Powers construction permit application for the Hermes Test Reactor, for which the NRC issued its draft EIS ahead of schedule, the use of such tools increases the efficiency of the environmental review process. 19 These tools or practices include, for example:

  • an enhanced environmental audit process that includes more timely delivery of NRC questions/audit needs and results in comprehensive audit summary reports;
  • earlier and better-defined site tours;
  • increased use of requests for confirmation of information (RCI) in lieu of formal requests for additional information (RAI);
  • the use of electronic reading rooms or online portals through which applicants may share documents with the NRC staff;

19 See NRC, Hermes - Kairos Application, https://www.nrc.gov/reactors/non-power/new-facility-licensing/hermes-kairos.html.

Nuclear Energy Institute 5

Program Management, Announcements and Editing Staff February 16, 2023

  • routine counterpart calls between the applicant and NRC at both the NRC management and PM/staff levels; and
  • streamlining the NRCs EIS through incorporation of prior studies or analyses by reference as well as consolidation of previously separate EIS sections. 20 Regarding the last item, there are significant opportunities for the staff to leverage previous evaluations done by the Tennessee Valley Authority (TVA) and the NRC given the location of the proposed facility in Oak Ridge and its proximity to the Clinch River Nuclear (CRN) Site. In 2019, the NRC issued a Final EIS for TVAs application for an early site permit for a small modular reactor project at the CRN Site, 21 and in 2022, TVA issued a Programmatic EIS to evaluate the environmental impacts associated with site preparation, construction, operation, and decommissioning of facilities at an advanced nuclear reactor technology park at the CRN Site. 22 As noted above, the NRC also has issued its Draft EIS for the Kairos Hermes Test Reactor, which Kairos plans to build on a site in the East Tennessee Technology Park, less than 3 miles from the proposed TRISO-X FFF site. 23 In addition, the NRC should consider whether it can leverage technical information and analysis contained in its draft Generic EIS for Advanced Nuclear Reactors (ANR GEIS), particularly as it relates to TRISO fuel fabrication (see, e.g.,

ANR GEIS Sections 3.14.2.4.1 and 3.14.2.4.4) or otherwise provides relevant, bounding analysis of the likely environmental impacts of TRISO-X FFF construction and operation. 24 Finally, we encourage the NRC to ensure optimal interagency coordination to avoid potential delays associated with environmental reviews and authorization decisions made by other federal and state agencies (e.g., under the Endangered Species Act, National Historic Preservation Act, and Clean Water Act). Furthermore, given the TRISO-X FFF projects nexus to the ARDP, we encourage the NRC to coordinate promptly with DOE insofar as the two agencies may deem any interagency coordination under NEPA necessary or appropriate.

20 For additional discussion of these various tools and practices, see NRC, Best Practices and Lessons Learned from Review of the Clinch River Nuclear Site Early Site Permit Application (Apr. 2021)

(ML19190A078); NEI, Recommendations for Streamlining Environmental Reviews for Advanced Reactors (Mar. 2020) (ML20065N155).

21 NRC, Environmental Impact Statement for an Early Site Permit (ESP) at the Clinch River Nuclear Site:

Final Report (NUREG-2226, Volume 1) (Apr. 2019) (ML19073A099).

22 TVA, Clinch River Nuclear Site Advanced Nuclear Reactor Technology Park - Final Programmatic Environmental Impact Statement (July 2022), https://www.tva.com/environment/environmental-stewardship/environmental-reviews/nepa-detail/clinch-river-nuclear-site-advanced-nuclear-reactor-technology-park.

23 Environmental Impact Statement for the Construction Permit for the Kairos Hermes Test Reactor -

Draft Report for Comment (NUREG-2263) (Sept. 2022) (ML22259A126).

24 NRC, Generic Environmental Impact Statement for Advanced Nuclear Reactors - Draft Report for Comment (NUREG-2249) (Nov. 2021) (ML21222A055).

Nuclear Energy Institute 6

Program Management, Announcements and Editing Staff February 16, 2023 NEI appreciates the opportunity to provide input to the NRCs NEPA review via the scoping process. We also thank the NRC staff in advance for your consideration of our comments, which we hope will contribute to a thorough and efficient environmental review of this vital fuel cycle infrastructure project. We also look forward to future opportunities for public participation in the NRCs NEPA review process, including the NRCs development of its draft EIS.

If you have questions concerning this letter, please contact me at mjo@nei.org or 202-739-8139.

Sincerely, Martin J. ONeill Martin J. ONeill Associate General Counsel Nuclear Energy Institute 7

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