ML24145A117
| ML24145A117 | |
| Person / Time | |
|---|---|
| Site: | Hermes File:Kairos Power icon.png |
| Issue date: | 05/23/2024 |
| From: | Houghtalen N ClearPath |
| To: | Office of Administration |
| References | |
| NRC-2023-0138, 89FR32462 00003 | |
| Download: ML24145A117 (1) | |
Text
PUBLIC SUBMISSION As of: 5/24/24, 7:03 AM Received: May 23, 2024 Status: Pending_Post Tracking No. lwj-rx9d-2k3k Comments Due: May 28, 2024 Submission Type: Web Docket: NRC-2023-0138 Kairos Power, LLC Receipt of Construction Permit Application Comment On: NRC-2023-0138-0005 Kairos Power, LLC; Hermes 2; Draft Environmental Assessment and Draft Finding of No Significant Impact Document: NRC-2023-0138-DRAFT-0003 Comment on FR Doc # 2024-08964 Submitter Information Email:houghtalen@clearpath.org Organization:ClearPath General Comment Please see the attached comment on behalf of ClearPath.
Attachments FINAL_Docket ID NRC-2023-0138_ClearPath_Kairos Hermes2 Draft EA 5/24/24, 7:03 AM blob:https://www.fdms.gov/dd682bde-6681-4098-99bf-ff6510edebb3 blob:https://www.fdms.gov/dd682bde-6681-4098-99bf-ff6510edebb3 1/1 SUNSI Review Complete Template=ADM-013 E-RIDS=ADM-03 ADD: Antoinette Walker-Smith, Peyton Doub, Mary Neely Comment (3)
Publication Date:4/26/2024 Citation: 89 FR 32462
May 23, 2024 Peyton Doub and Mary Richmond U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 ClearPath Comments on the Draft Environmental Assessment and Draft Finding of No Significant Impact for the Construction Permits for the Kairos Power Hermes 2 Test Reactors
[Docket ID NRC-2023-0138]
Dear U.S. Nuclear Regulatory Commission Staff:
ClearPath appreciates the opportunity to express support for the Kairos Hermes 2 test reactors.
Our mission is to develop and advance policies that accelerate innovations to reduce and remove global energy emissions. To advance that mission, we develop cutting-edge policy solutions on clean energy and industrial innovation. An entrepreneurial, strategic nonprofit, ClearPath (501(c)(3)) collaborates with public and private sector stakeholders on innovations in nuclear energy, carbon capture, hydropower, natural gas, geothermal, energy storage, and heavy industry to enable private-sector deployment of critical technologies.
Nuclear energy has important benefits for communities and the climate. New technologies such as the Kairos Power Fluoride Salt-Cooled, High Temperature Reactor can play a key role in reducing emissions in both the electricity and industrial sectors. The Hermes 2 test reactors will help demonstrate the feasibility of a possible future commercial deployment by testing and validating aspects of the Kairos Power commercial reactor design.
ClearPath agrees with the Nuclear Regulatory Commission (NRC) staffs recommendation that the NRC issue Construction Permits (CPs) to Kairos Power authorizing the construction of the two Hermes 2 non-power test reactors in Oak Ridge, Tennessee.
Furthermore, ClearPath commends the NRC staffs approach to issue a draft environmental assessment (EA) and draft finding of no significant impact (FONSI) in lieu of an Environmental Impact Statement (EIS). By leveraging the results of the EIS submitted for the initial Hermes test reactor, as well as the applicants Environmental Report, the staff were able to consider unique factors about the Hermes 2 reactor, such as1 (1) the similar design of Hermes 2 and Hermes, (2) the proposed siting of Hermes 2 within a few hundred feet of Hermes, 1
https://www.federalregister.gov/documents/2024/04/26/2024-08964/kairos-power-llc-hermes-2-draft-envir onmental-assessment-and-draft-finding-of-no-significant-impact
(3) the industrial nature and heavy prior disturbance of the site, (4) the recent thorough NEPA review performed by the staff as published in its final EIS for Hermes, and (5) the staff's final EIS for Hermes covering the same site as Hermes 2 and documenting all impacts as SMALL.
By considering these factors, and finding that the environmental effects of issuing the two CPs would not significantly affect the quality of the human environment, the staff were able to prepare a draft EA and draft FONSI. This is unique as the staff have historically prepared an EIS for the issuance of a testing facility CP in accordance with 10 CFR 51.20(b)(1). As the draft EA notes, exemptions from certain regulations in 10 CFR Part 51 would be necessary to issue a final EA and final FONSI to support issuance of the Hermes 2 CPs.
This innovative approach is in accordance with the NRCs regulations.2 10 CFR 51.6 allows the NRC to grant exemptions from the requirements of 10 CFR Part 51 if the exemptions are authorized by law and are otherwise in the public interest. The recent environmental review of the Hermes 2 CPs is also within the NRCs current statutory authority. The National Environmental Policy Act (NEPA) requires that the NRC assess the environmental impacts of a proposed action, and that proposed action can include an EA and FONSI. Furthermore, the recently enacted Fiscal Responsibility Act directs an agency to, in part, prepare an environmental assessment with respect to a proposed agency action that does not have a reasonably foreseeable significant effect on the quality of the human environment.3 As the NRC begins to implement the new requirements in the FRA,4 the Hermes 2 EA and FONSI can serve as a model for preparing an EA (or Categorical Exclusion, as appropriate) for the licensing and regulatory actions listed in 10 CFR 51.20 that currently require an EIS. ClearPath believes that timely and efficient NRC environmental reviews for first-of-a-kind nuclear projects like the Hermes 2 are critically important and in the public interest.
Thank you for the opportunity to respond. Please do not hesitate to reach out for additional information.
Sincerely, Natalie Houghtalen Policy Advisor, ClearPath
Contact:
info@clearpath.org ClearPath 518 C St NE Suite 300 Washington, DC 20002 4 https://www.nrc.gov/docs/ML2325/ML23254A021.html 3 https://www.congress.gov/bill/118th-congress/house-bill/3746 2 https://www.nrc.gov/docs/ML2321/ML23214A165.pdf