ML23318A516
| ML23318A516 | |
| Person / Time | |
|---|---|
| Site: | Hermes |
| Issue date: | 11/30/2023 |
| From: | Tami Dozier NRC/NMSS/DREFS/ENRB |
| To: | Christopher Regan NRC/NMSS/DREFS |
| References | |
| Download: ML23318A516 (1) | |
Text
November 30, 2023 MEMORANDUM TO: Christopher M. Regan Federal Preservation Officer Director, Division of Rulemaking, Environmental and Financial Support Office of Nuclear Material Safety and Safeguards Signed by Dozier, Tamsen FROM: Tamsen Dozier, Project Manager on 11/30/23 Environmental Project Management Branch 3 Division of Rulemaking, Environmental and Financial Support Office of Nuclear Material Safety and Safeguards
SUBJECT:
IMPLEMENTATION OF PROVISIONS FROM CONSULTATIONSUNDER SECTION 106 OF THE NATIONAL HISTORIC PRESERVATION ACT ON THE KAIROS HERMES TEST REACTOR CONSTRUCTION PERMIT REVIEW By letter dated October 25, 2023 (Agencywide Document Access and Management System (ADAMS) Package ML23304A252), the U.S. Nuclear Regulatory Commission (NRC) staff provided a summary of the government-to-government consultation interactions for review and concurrence by the Federally Recognized Tribe with whom the agency has been consulting under Section 106 of the National Historic Preservation Act (NHPA). This letter also provided to the Tribe the Geoarchaeological Reconnaissance Survey Report prepared by Kairos Power LLC (Kairos) and Kaiross Archaeological Resources Monitoring and Unanticipated Discovery Plan (monitoring plan), which incorporated input from the consulting Tribes Tribal Historic Preservation Officer (THPO) during the consultation process. By letter dated November 7, 2023 (ML23332A001), the consulting Tribes THPO responded that the Tribe does not object to the project proceeding, provided the NRC observe two provisions discussed below.
In addition, the NRC issued a consultation summary letter to the Tennessee Historical Commission (THC) on November 2, 2023 (ML23310A059). By email dated November 6, 2023 (ML23317A368), the THC responded that it does not object to the project proceeding as proposed.
CONTACTS: Tamsen Dozier, NMSS/REFS 301-415-2272 Peyton Doub, NMSS/REFS 301-415-6703
C. Regan 2 Based on these two letters and previous consultation activities, the NRC considers consultation under NHPA Section 106 to be complete for the proposed undertaking. Below describes how NRC would adhere to the two stipulations discussed in the public summary of the November 7, 2023, response from the consulting Tribes THPO (ML23332A001).
Stipulation 1: Project activities will be halted and the consulting Tribes THPO will be notified immediately for further consultation if items of cultural significance are discovered during the course of the project, in accordance with the monitoring plan.
Implementation: Specific provisions in the monitoring plan provide for the immediate halt to construction/excavation activities in the immediate area of an unanticipated discovery and provide for protection of the discovery. In the monitoring plan, Kairos also commits to notifying the NRC, the THC, and any affiliated Federally Recognized Tribes who have requested notification.
The NRC has assigned responsibility to receive these and all notifications to the NRC, as described in the monitoring plan or provided in Section 106 of the NHPA, to Environmental Technical Review (ETR) Branch 1 within the Division of Rulemaking, Environmental and Financial Support of the Office of Nuclear Material Safety and Safeguards. ETR Branch 1 will forward to the consulting tribe all notifications it receives related to this action. The Branchs responsibility also includes the THC request that a brief report be submitted to their office at the conclusion of monitoring activities (ML23317A368). As such, Stipulation 1, which requests Tribal notification in the event of an unanticipated discovery, will be met.
Stipulation 2: The THPO will be notified if there are changes to the scope of the area of potential effect (APE) or changes to the activities authorized to occur within the APE that have the potential to affect historic and cultural resources.
Implementation: Item 3C of the draft Construction Permit (CP) (ML23317A422) authorizes construction of the Kairos Hermes facility as described in the application and the hearing record, in accordance withenvironmental protection commitments set forth therein. Item 2.4 of appendix A to the draft CP requires the implementation of the monitoring plan (which has been reviewed by and incorporates all input from the consulting Tribes THPO). Proposed changes to the scope of the APE or to project activities (i.e., changes to the project requiring ground disturbance not previously assessed) would require Kairos to submit a license amendment request, and NRC approval would be needed. If historic and cultural resources would potentially be affected by the licensing action, the staff would initiate NHPA Section 106 consultation and notify all potentially interested Tribal parties, as appropriate. As such, Stipulation 2, which requests Tribal notification of changes in the scope of the APE or project activities on the site that have the potential to affect historic and cultural resources, will be met.
The NRC staff has updated the draft Record of Decision to reflect the interactions and documentation described above (ML23317A007).
Docket No. 50-7513
ML23318A516 OFFICE REFS/EPM3:PM REFS/EPM2:LA REFS/EPM3:BC OGC NAME TDozier AWalker-Smith PDoub MWright DATE 11/15/2023 11/15/2023 11/16/2023 11/30/2023 OFFICE REFS: DD NAME CRegan DATE 11/30/2023