ML24143A018
| ML24143A018 | |
| Person / Time | |
|---|---|
| Site: | Kemmerer File:TerraPower icon.png |
| Issue date: | 05/29/2024 |
| From: | Carrie Safford NRC/SECY |
| To: | |
| References | |
| NRC-2024-0078 | |
| Download: ML24143A018 (1) | |
Text
[7590- 01-P]
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-613; NRC- 2024- 0078]
US SFR Owner, LLC.;
Kemmerer Power Station, Unit 1;
Construction Permit Application
AGENCY: Nuclear Regulatory Commission.
ACTION: Acceptance for docketing, opportunity to request a hearing and petition for
leave to intervene; order imposing procedures.
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC) has accepted for review
and docketed an application from US SFR Owner, LLC (USO) for a construction permit
for the Kemmerer Power Station, Unit 1 reactor to be built in Lincoln County , Wyoming.
In addition, the NRC is providing notice that an uncontested hearing will be held on the
USO construction permit application at a time and place to be set in the future by the
presiding officer for the uncontested hearing. This notice also provides the public an
opportunity to request a hearing and petition for leave to intervene (i.e., contested
hearing) with respect to that application. The NRC staff is currently conducting a detailed
technical review of the construction permit application. If the NRC issues a construction
permit, the applicant, USO, would be authorized to construct its proposed reactor in
accordance with the provisions of the construction permit. Because the application
contains Sensitive Unclassified Non- Safeguards Information (SUNSI), this notice
includes an order that imposes procedures to obtain access to SUNSI for contention
preparation.
DATES: The application was docketed on May 21, 2024. A request for a hearing or
petition for leave to intervene must be filed by August 5, 2024 . Any potential party as
defined in sec tion 2.4 of title 10 of the Code of Federal Regulations (10 CFR) who
believes ac cess to SUNSI is necessary to respond to this notice must request document
access by J une 14, 2024.
ADDRESSES: Please refer to Docket ID NRC-2 024-0 078 when contac ting the NRC
about the availability of information for this action. You may obtain publicly available
information related to this action by any of the following methods:
- Federal Rulemaking Website: Go to https://www.regulations.gov and
search for Docket ID NRC-2024- 0078. Address questions about Docket IDs in
Regulations.gov to Stacy Schumann; telephone: 301- 415- 0624; email:
Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the
For Further Information Contact section of this document.
- NRCs 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 Web- based ADAMS Search. For problems with ADAMS, please
contact the NRCs Public Document Room (PDR) reference staff at 1- 800-397- 4209, at
301- 415- 4737, or by email to PDR.Resource@nrc.gov. 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.
- NRCs 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 PDR.Resource@nrc.gov or call 1- 800-397- 4209 or 301-415-
2 4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
- NRCs Public Website: The construction permit application is available
under the NRCs Kemmerer Power Station, Unit 1 , Construction Permit Application
public website at https://www.nrc.gov/reactors/new-reactors/advanced/who- were-
working-with/applicant-projects/terrapower.html.
FOR FURTHER INFORMATION CONTACT: Mallecia Sutton, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
telephone: 301-415- 0673, email: Mallecia.Sutton@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion
By letter dated March 28, 2024 (ADAMS Package Accession No.
ML24088A059), TerraPower, LLC (TerraPower), on behalf of US SFR Owner, LLC
(USO), a wholly owned subsidiary of TerraPower, submitted, pursuant to 10 CFR part
50, Domestic Licensing of Production and Utilization Facilities, a construction permit
application that proposes to construct a non- light water reac tor (a non-light water
reactor as defined in 10 CFR 50.2). A notice of receipt and availability of USOs
application was published in the Federal Register on May 14, 2024 (89 FR 42004).
Along with other documents, the ADAMS package includes the transmittal letter
(ADAMS Accession No. ML24088A060), the preliminary safety analysis report (ADAMS
Accession No. ML24088A065), and the environmental report (ADAMS Accession No.
ML24088A072). The application was supplemented on May 2, 2024 (ADAMS Accession
Nos. ML24123A242 and ML24123A243) and May 9, 2024 ( ADAMS Accession No.
3 The NRC is considering issuance of a construction permit to USO that would
authorize construction of the proposed reactor, identified as Kemmerer Power Station
Unit 1, to be located in Lincoln County , Wyoming. The reactor would be a metal fueled,
pool-type Sodium Fast Reactor (SFR).
The USO construction permit application consists of the following information:
- The general information required by 10 CFR 50.33;
- The Preliminary Safety Analysis Report required by 10 CFR 50.34(a);
- The Environmental Report required by 10 CFR 51.50; and
- Exemption requests to support issuance of a construction permit.
The NRC staff determined that the USO application is complete and acceptable
for docketing in accordance with 10 CFR 2.101(a) and 10 CFR p art 50 and assigned the
Docket Number 50- 613. The NRC staff provided USO notice of the acceptance and
docketing determination by letter dated May 21, 2024 (ADAMS Accession No.
The NRC staff will perform a detailed technical review of the construction permit
application and document its safety findings in a safety evaluation report. Also, in
accordance with 10 CFR p art 51, Environmental Protection Regulations for Domestic
Licensing and Related Regulatory Functions, the NRC staff will complete an
environmental review for the proposed action.
Docketing of the application does not preclude the NRC staff from requesting
additional information from the applicant as the review proceeds, nor does it predict
whether the Commission will grant or deny the application. The construction permit
application will be referred to the Advisory Committee on Reactor Safeguards for review
and report consistent with 10 CFR 50.58, Hearings and report of the Advisory
Committee on Reactor Safeguards. If the Commission finds that the construction permit
4 application meets the applicable standards of the Atomic Energy Act of 1954, as
amended and the Commissions regulations, and that any required notifications to other
agencies and bodies have been made, the Commission will issue a construction permit,
in the form and containing conditions and limitations that the Commission finds
appropriate and necessary.
II. Hearing
Pursuant to the Atomic Energy Act of 1954, as amended, 10 CFR part 2,
Agency Rules of Practice and Procedure, and 10 CFR part 50, notice is hereby given
that an uncontested (i.e., mandatory) hearing will be held, at a time and place to be set
in the future by the presiding officer for the uncontested hearing.
III. Opportunity to Request a Hearing and Petition for Leave to Intervene
Within 60 days after the date of publication of this notice, any person (petitioner)
whose interest may be affected by this action may file a request for a hearing and
petition for leave to intervene (petition) with respect to the action. Petitions shall be filed
in accordance with the Commissions Agency Rules of Practice and Procedure in
10 CFR part 2. Interested persons should consult 10 CFR 2.309. If a petition is filed, the
presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be
issued.
Petitions must be filed no later than 60 days from the date of publication of this
notice in accordance with the filing instructions in the Electronic Submissions (E -Filing)
section of this document. Petitions and motions for leave to file new or amended
contentions that are filed after the 60- day deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates good cause by
satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).
5 A State, local governmental body, Federally recognized Indian Tribe, or
designated agency thereof, may submit a petition to the Commission to participate as a
party under 10 CFR 2.309(h) no later than 60 days from the date of publication of this
notice. Alternatively, a State, local governmental body, Federally recognized Indian
Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).
For information about filing a petition and about participation by a person not a
party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053
(https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A
053) and on the NRCs public website at https://www.nrc.gov/about-
nrc/regulatory/adjudicatory/hearing.html#participate.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including documents filed
by an interested State, local governmental body, Federally recognized Indian Tribe, or
designated agency thereof that requests to participate under 10 CFR 2.315(c), must be
filed in accordance with 10 CFR 2.302. The E-Filing process requires participants to
submit and serve all adjudicatory documents over the internet, or in some cases, to mail
copies on electronic storage media, unless an exemption permitting an alternative filing
method, as further discussed, is granted. Detailed guidance on electronic submissions is
located in the Guidance for Electronic Submissions to the NRC (ADAMS Accession
No. ML13031A056) and on the NRCs public website at https://www.nrc.gov/site-
help/esubmittals.html.
To comply with the procedural requirements of E-Filing, at least 10 days prior to
the filing deadline, the participant should contact the Office of the Secretary by email at
Hearing.Docket@nrc.gov, or by telephone at 301-415- 1677, to: (1) request a digital
identification (ID) certificate, which allows the participant (or its counsel or
6 representative) to digitally sign submissions and access the E-Filing system for any
proceeding in which it is participating; and (2) advise the Secretary that the participant
will be submitting a petition or other adjudicatory document (even in instances in which
the participant, or its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish an electronic docket
for the proceeding if the Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is available on the NRCs
public website at https://www.nrc.gov/site-help/e- submittals/getting- started.html. After a
digital ID certificate is obtained and a docket created, the participant must submit
adjudicatory documents in Portable Document Format. Guidance on submissions is
available on the NRCs public website at https://www.nrc.gov/site-help/electronic-sub-
refmat.html. A filing is considered complete at the time the document is submitted
through the NRCs E-Filing system. To be timely, an electronic filing must be submitted
to the E-Filing system no later than 11:59 p.m. ET on the due date. Upon receipt of a
transmission, the E-Filing system timestamps the document and sends the submitter an
email confirming receipt of the document. The E-Filing system also distributes an email
that provides access to the document to the NRCs Office of the General Counsel and
any others who have advised the Office of the Secretary that they wish to participate in
the proceeding, so that the filer need not serve the document on those participants
separately. Therefore, applicants and other participants (or their counsel or
representative) must apply for and receive a digital ID certificate before adjudicatory
documents are filed to obtain access to the documents via the E-Filing system.
A person filing electronically using the NRCs adjudicatory E-Filing system may
seek assistance by contacting the NRCs Electronic Filing Help Desk through the
Contact Us link located on the NRCs public website at https://www.nrc.gov/site-
7 help/esubmittals.html, by email to MSHD.Resource@nrc.gov, or by a toll-free call at
1-866- 672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and
6 p.m., ET, Monday through Friday, excluding government holidays.
Participants who believe that they have good cause for not submitting documents
electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with
their initial paper filing stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper format. Such filings
must be submitted in accordance with 10 CFR 2.302(b)-(d). Participants filing
adjudicatory documents in this manner are responsible for serving their documents on all
other participants. Participants granted an exemption under 10 CFR 2.302(g)(2) must
still meet the electronic formatting requirement in 10 CFR 2.302(g)(1), unless the
participant also seeks and is granted an exemption from 10 CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the NRCs
electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd,
unless excluded pursuant to an order of the presiding officer. If you do not have an
NRC- issued digital ID certificate as described above, click cancel when the link
requests certificates and you will be automatically directed to the NRCs electronic
hearing dockets where you will be able to access any publicly available documents in a
particular hearing docket. Participants are requested not to include personal privacy
information such as social security numbers, home addresses, or personal phone
numbers in their filings unless an NRC regulation or other law requires submission of
such information. With respect to copyrighted works, except for limited excerpts that
serve the purpose of the adjudicatory filings and would constitute a Fair Use application,
participants should not include copyrighted materials in their submission.
8 Order Imposing Procedures for Access to Sensitive Unclassified Non- Safeguards
Information for Contention Preparation
A. This Order contains instructions regarding how potential parties to this
proceeding may request access to documents containing Sensitive Unclassified Non-
Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing and opportunity
to petition for leave to intervene, any potential party who believes access to SUNSI is
necessary to respond to this notice may request access to SUNSI. A potential party is
any person who intends to participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI submitted
later than 10 days after publication of this notice will not be considered absent a showing
of good cause for the late filing, addressing why the request could not have been filed
earlier.
C. The requestor shall submit a letter requesting permission to access
SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff, and
provide a copy to the Deputy General Counsel for Licensing, Hearings, and
Enforcement, Office of the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001. The expedited delivery or courier mail address for both
offices is: U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville,
Maryland 20852. The email addresses for the Office of the Secretary and the Office of
the General Counsel are Hearing.Docket@nrc.gov and
9 RidsOgcMailCenter.Resource@nrc.gov0F1 respectively. The request must include the
following information:
(1) A description of the licensing action with a citation to this Federal Register
notice;
(2) The name and address of the potential party and a description of the
potential partys particularized interest that could be harmed by the action identified in
C.(1); and
(3) The identity of the individual or entity requesting access to SUNSI and the
requestors basis for the need for the information in order to meaningfully participate in
this adjudicatory proceeding. In particular, the request must explain why publicly
available versions of the information requested would not be sufficient to provide the
basis and specificity for a proffered contention.
D. Based on an evaluation of the information submitted under paragraph C,
the NRC staff will determine within 10 days of receipt of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely to establish
standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to SUNSI.
E. If the NRC staff determines that the requestor satisfies both D.(1) and
D.(2), the NRC staff will notify the requestor in writing that access to SUNSI has been
granted. The written notification will contain instructions on how the requestor may
obtain copies of the requested documents, and any other conditions that may apply to
access to those documents. These conditions may include, but are not limited to, the
1 While a request for hearing or petition to intervene in this proceeding must comply with the filing requirements of the NRCs E-Filing Rule, the initial request to access SUNSI under these procedures should be submitted as described in this paragraph.
10 signing of a Non- Disclosure Agreement or Affidavit, or Protective Order1F2 setting forth
terms and conditions to prevent the unauthorized or inadvertent disclosure of SUNSI by
each individual who will be granted access to SUNSI.
F. Filing of Contentions. Any contentions in these proceedings that are
based upon the information received as a result of the request made for SUNSI must be
filed by the requestor no later than 25 days after receipt of (or access to) that
information. However, if more than 25 days remain between the petitioners receipt of (or
access to) the information and the deadline for filing all other contentions (as established
in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI
contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff after a
determination on standing and requisite need, the NRC staff shall immediately notify the
requestor in writing, briefly stating the reason or reasons for the denial.
(2) The requestor may challenge the NRC staffs adverse determination by
filing a challenge within 5 days of receipt of that determination with: (a) the presiding
officer designated in this proceeding; (b) if no presiding officer has been appointed, the
Chief Administrative Judge, or if this individual is unavailable, another administrative
judge, or an Administrative Law Judge with jurisdiction pursuant to 10 CFR 2.318(a); or
(c) if another officer has been designated to rule on information access issues, with that
officer.
(3) Further appeals of decisions under this paragraph must be made
pursuant to 10 CFR 2.311.
2Any motion for Protective Order or draft Non-Disclosure Affidavit or Agreement for SUNSI must be filed with the presiding officer or the Chief Administrative Judge if the presiding officer has not yet been designated, within 30 days of the deadline for the receipt of the written access request.
11 H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose release would
harm that partys interest independent of the proceeding. Such a challenge must be filed
within 5 days of the notification by the NRC staff of its grant of access and must be filed
with: (a) the presiding officer designated in this proceeding; (b) if no presiding officer has
been appointed, the Chief Administrative Judge, or if he or she is unavailable, another
administrative judge, or an Administrative Law Judge with jurisdiction pursuant to
10 CFR 2.318(a) if another officer has been designated to rule on information access
issues, with that officer.
If challenges to the NRC staff determinations are filed, these procedures give
way to the normal process for litigating disputes concerning access to information. The
availability of interlocutory review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10 CFR 2.311.2F3
I. The Commission expects that the NRC staff and presiding officers (and
any other reviewing officers) will consider and resolve requests for access to SUNSI,
and motions for protective orders, in a timely fashion in order to minimize any
unnecessary delays in identifying those petitioners who have standing and who have
propounded contentions meeting the specificity and basis requirements in
3 Requestors should note that the filing requirements of the NRCs E -Filing Rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562; August 3, 2012) apply to appeals of NRC staff determinations (because they must be served on a presiding officer or the Commission, as applicable), but not to the initial SUNSI request submitted to the NRC staff under these procedures.
12 10 CFR part 2. The attachment to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
Dated: May 29, 2024.
For the Nuclear Regulatory Commission.
/RA/
Carrie Safford, Secretary of the Commission.
13 ATTACHMENT 1-General Target Schedule for Processing and Resolving Requests for Access to Sensitive Unclassified Non- Safeguards Information in this Proceeding
Day Event/Activity 0 Publication of Federal Register notice of hearing or opportunity for hearing, including order with instructions for access requests.
10 Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information: supporting the standing of a potential party identified by name and address; describing the need for the information in order for the potential party to participate meaningfully in an adjudicatory proceeding.
60 Deadline for submitting petition for intervention containing: (i) demonstration of standing; and (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
20 U.S. Nuclear Regulatory Commission (NRC) staff informs the requestor of the staffs determination whether the request for access provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing (preparation of redactions or review of redacted documents).
25 If NRC staff finds no need or no likelihood of standing, the deadline for petitioner/requestor to file a motion seeking a ruling to reverse the NRC staffs denial of access; NRC staff files copy of access determination with the presiding officer (or Chief Administrative Judge or other designated officer, as appropriate).
If NRC staff finds need for SUNSI, the deadline for any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information to file a motion seeking a ruling to reverse the NRC staffs grant of access.
30 Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
40 (Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non- Disclosure Agreement or Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement or Affidavit for SUNSI.
A If access granted: issuance of presiding officer or other designated officer decision on motion for protective order for access to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a final adverse determination by the NRC staff.
A + 3 Deadline for filing executed Non-Disclosure Agreements or Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
A + 28 Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioners receipt of (or access to) the information and the deadline for filing all other contentions (as established in the notice of hearing or notice of opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
14 Day Event/Activity A + 53 (Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
A + 60 (Answer receipt +7) Petitioner/Intervenor reply to answers.
>A + 60 Decision on contention admission.
15