ML23214A142

Ltr to Eastern Band of Cherokee Indians, Notification of Issuance of the Feis for the Construction Permit for the Kairos Hermes Test Reactor in Oak Ridge, Tn

ML23214A142
Person / Time
Site:	Hermes File:Kairos Power icon.png
Issue date:	08/17/2023
From:	Christopher Regan NRC/NMSS/DREFS
To:	Sneed R Eastern Band of Cherokee Indians
Shared Package
ML23214A134	List: ML23201A137 ML23214A138 ML23214A140 ML23214A141 ML23214A142 ML23214A149 ML23214A150 ML23214A151 ML23214A159 ML23214A160 ML23214A161 ML23214A162 ML23214A163 ML23214A169 ML23230A709
References
Download: ML23214A142 (3)

Text

R. Sneed Richard Sneed, Principal Chief Eastern Band of Cherokee Indians Qualla Boundary P.O. Box 1927 Cherokee, NC 28719

SUBJECT:

NOTIFICATION OF THE ISSUANCE OF THE FINAL ENVIRONMENTAL IMPACT STATEMENT FOR A CONSTRUCTION PERMIT FOR THE KAIROS HERMES TEST REACTOR IN OAK RIDGE, TENNESSEE (DOCKET NUMBER: 50-7513)

Dear Principal Chief Sneed:

The U.S. Nuclear Regulatory Commission (NRC) has completed the final environmental impact statement (FEIS) for the Kairos Power LLC (Kairos) construction permit (CP) application for the Hermes non-power test reactor. Kaiross application was submitted in two parts by letters dated September 29, 2021 (Agencywide Documents Access and Management System (ADAMS)

ML21272A375) and October 31, 2021 (ML21306A131). The FEIS, Environmental Impact Statement for a Construction Permit for the Kairos Hermes Test Reactor, Final Report, (NUREG-2263) is publicly available at ML23214A269. ADAMS is accessible from the NRC website at https://www.nrc.gov/reading-rm/adams.html. In addition, the FEIS can be found on the NRCs Website at: https://www.nrc.gov/reactors/non-power/new-facility-licensing/hermes-kairos.html.

The FEIS evaluates the impacts of building, operating, and decommissioning a non-power test reactor at a site in Oak Ridge, Tennessee. A CP does not, however, 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 conduct an environmental review of the operating license application.

By letter dated March 4, 2022, the NRC staff notified your office that, in accordance with 36 CFR 800.8(c), the staff is using the National Environmental Policy Act process to comply with its obligations under Section 106 of the National Historic Preservation Act (NHPA) of 1966, as amended, in lieu of the procedures set forth in 36 CFR 800.3 through 800.6.

As discussed in Section 5.4 of the FEIS, the NRC staffs recommendation is that the CP should be issued once the NHPA Section 106 process is complete. This recommendation is based on:

(1) the environmental report submitted by the applicant, as revised; (2) the consideration of public comments; (3) consultation with Federal, State, tribal, and local agencies; and (4) the NRC staffs independent environmental review and assessment summarized in the final EIS.

A notice of availability of the FEIS is anticipated to be published by the NRC on or before August 22, 2023, in the Federal Register. A separate notice regarding the FEIS will be placed in the Federal Register through the filing process with the U.S. Environmental Protection Agency and is anticipated to be published on August 25, 2023.

August 17, 2023

R. Sneed 2

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

Sincerely, Christopher M. Regan, Director Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards Docket No.: 50-7513 cc: Russell Townsend, THPO Signed by Regan, Christopher on 08/17/23

ML23214A142 OFFICE PM:REFS LA:REFS BC:REFS NAME TDozier AWalker-Smith KErwin DATE 07/18/2023 07/18/2023 07/19/2023 OFFICE OCG:(NLO)

DivDir:REFS NAME MWright CRegan DATE 07/27/2023 08/17/2023