ML24226A025
| ML24226A025 | |
| Person / Time | |
|---|---|
| Site: | Kemmerer File:TerraPower icon.png |
| Issue date: | 08/12/2024 |
| From: | Public Commenter Public Commenter |
| To: | NRC/NMSS/DREFS |
| NRC/NMSS/DREFS | |
| References | |
| 89FR49917 | |
| Download: ML24226A025 (8) | |
Text
From: Danielle R. Bettencourt <DBettencourt@fwlaw.com>
Sent: Monday, August 12, 2024 10:20 PM To: TerraPowerEnvironmental Resource
Subject:
[External_Sender] Comments on Scoping Notice for Kemmerer Unit 1 Attachments: CLG Comments re TerraPower Environmental Analysis Scoping Notice_081224.pdf
Good evening,
Attached please find the Coalition of Local Governments comments on the notice of scoping for the environmental analysis of TerraPowers proposed Kemmerer Unit 1 facility. Thank you for the consideration of these comments.
- Regards,
Danielle
Danielle R. Bettencourt
Director 303-894-4431
DBettencourt@fwlaw.com l fwlaw.com
1801 California Street, Suite 2600
Denver, CO 80202
Member of MERITAS Law Firms Worldwide
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Federal Register Notice: 89FR49917 Comment Number: 964
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Subject:
[External_Sender] Comments on Scoping Notice for Kemmerer Unit 1 Sent Date: 8/12/2024 10:19:35 PM Received Date: 8/12/2024 10:20:00 PM From: Danielle R. Bettencourt
Created By: DBettencourt@fwlaw.com
Recipients:
"TerraPowerEnvironmental Resource" <TerraPowerEnvironmental.Resource@nrc.gov>
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Files Size Date & Time MESSAGE 1356 8/12/2024 10:20:00 PM image001.png 5724 CLG Comments re TerraPower Environmental Analysis Scoping Notice_081224.pdf 185000
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COALITION OF LOCAL GOVERNMENTS
1689 COUNTY ROAD 263 FORT BRIDGER, WY 82933
COUNTY COMMISSIONS FOR LINCOLN, SWEETWATER, AND UINTA - WYOMING, AND DAGGETT-UTAH; AND CONSERVATION DISTRICTS FOR LINCOLN, LITTLE SNAKE, STAR VALLEY, SUBLETTE, SWEETWATER, AND UINTA - WYOMING
August 12, 2024
V IA EMAIL: TerraPowerEnvironmental@nrc.gov
Patricia Vokoun Joe OHara Office of Administration Mail Stop TWFN A60M U.S. Nuclear Regulatory Commission Washington, DC 20555- 001
Re: Coalition of Local Governments Comments on the Scoping Notice for the Environmental Analysis of the Proposed Kemmerer Unit 1 Facility
Dear Ms. Vokoun and Mr. OHara,
The Wyoming Coalition of Local Governments (Coalition) submits these comments on the U.S. Nuclear Regulatory Commissions (NRC) scoping notice for the environmental analysis of the proposed Kemmerer Unit 1 facility. TerraPower, LLC is developing the Natrium reactor through a public-private partnership with the Department of Energy (DOE) Advanced Reactor Demonstration Program. In May of 2024, t he DOE completed the environmental analysis associated with its proposal to provide TerraPower with federal funding in support of the construction and operation of the Sodium Test and Fill Facility (TFF), which will support the Kemmerer Unit 1. The TFF and Kemmerer Unit 1 will be located in Lincoln County.
The Coalition continues to support the advancement of nuclear energy in the State of Wyoming, including specifically the TFF Project and Kemmerer Unit 1. As coal-plant facilities are being shut-down or scheduled for early retirement, it is imperative that additional reliable sources of energy are added to the system. The TFF Project and associated Kemmerer Unit 1 will also help support the local economies in Lincoln County, Uinta County, and Sweetwater County, and provide much needed jobs as the Naughton Plant and associated coal mines face closure.
I. Statement of Interest
The Coalition is a voluntary association of local governments organized under the laws of their respective States to educate, guide, and develop public land policy in the Patricia Vokoun and Joe OHara August 12, 2024 Page 2
affected counties and to protect the natural resources within the respected counties. Wyo.
Stat. Ann. §§ 11-16-103, 11-16-122, 18 201; Utah Code § 17 -27a-102(1)(a). Coalition members include Lincoln County, Sweetwater County, Uinta County, Daggett County, Lincoln Conservation District, Sweetwater County Conservation District, Uinta County Conservation District, Sublette County Conservation District, Little Snake River Conservation District, and Star Valley Conservation District. The Coalition serves many purposes for its members, including helping to develop local government plans and policies, the protection of vested rights of individuals and industries dependent on utilizing and conserving existing resources and public lands, the promotion and support of fish and wildlife habitat improvement, the support and funding of scientific studies addressing federal land use plans and projects, and providing comments on behalf of members for the educational benefit of those proposing federal land use plans and land use projects.
Both Counties and Conservation Districts have authority to protect the public health and welfare of th eir citizens while promoting and protecting public lands and water resources. Wyo. Stat. §§ 11-16-122, 18-5- 208; Utah Code § 17-27a-102(1)(a).
Districts have statutory authority to develop and implement comprehensive resource use and management plans for range improvement and stabilization, conservation of soil, water and vegetative resources, control and prevention of soil erosion, and for flood prevention. Wyo. Stat. § 11-16-122(xvi). Districts jurisdiction includes matters pertaining to the acquisition, construction, operation or administration of any land utilization, soil conservation, erosion control, erosion prevention, flood prevention projects, conservation of water, water utilization, disposal of water in watershed areas, and other water projects. Wyo. Stat. § 11-16-122(xix). In carrying out this statutory authority, Districts are working to stabilize ranching and farming operations, to preserve natural resources, protect the tax base, control floods, prevent impairment of dams and reservoirs, preserve wildlife, protect public lands, and protect and promote the health, safety and general welfare of the people of this state. Wyo. Stat. § 11 103(b).
Districts also work cooperatively with federal agencies in the development and implementation of federal land use plans to ensure consistency with local land and resource plans. Wyo. Stat. § 11-16-122(viii).
By statute, the Wyoming Counties are deemed to have special expertise on all subject matters for which it has statutory responsibility, including but not limited to, all subject matters directly or indirectly related to the health, safety, welfare, custom, culture and socio-economic viability of a county. Wyo. Stat. Ann. § 18-5- 208. As such, Counties may regulate and restrict... the use, condition of use or occupancy of lands for residence, recreation, agriculture, industry, commerce, public use and other purposes in the unincorporated area of the county. Wyo. Stat. Ann. § 18-5- 201. Daggett County also possesses the general land use authority to protect the tax base, foster the states agricultural and other industries, facilitate growth, and provide for the health, safety, and welfare of its citizens. Utah Code § 17-27a-102(1)(a)(i)-(ii), (iv), (vi).
Patricia Vokoun and Joe OHara August 12, 2024 Page 3
II. Cooperating Agency Request
The Council on Environmental Quality (CEQ) regulations and guidance requires the inclusion of non-federal government agents when they have jurisdiction by law and or special expertise with respect to reasonable alternatives or significant environmental, social or economic impacts associat[ed] with a proposed action. CEQ Memorandum, Designation of Non-Federal Agencies to be Cooperating Agencies in Implementing the Procedure of the NEPA, at 1 (July 28, 1999); 40 C.F.R. §§ 1501.8(a),
1508.1(e). The regulations addressing cooperating agencies status implement the NEPA mandate that federal agencies conduct the NEPA process in cooperation with State and local governments. 42 U.S.C. §§ 4331(a), 4332(2).
The CEQ regulations define special expertise as a statutory responsibility, agency mission, or related program experience. 40 C.F.R. § 1508.1(ee). The CEQ guidance also looks to whether a non-federal agency has expertise as to the alternatives in the EIS or the significant environmental, social, or economic impacts associated with the proposed action. CEQ Memorandum, Cooperating Agencies in Implementing the Procedural Requirements of the NEPA, at 2, 4 (Jan. 30, 2002). A non-federal agency that has expertise regarding the proposed actions relationship to the objectives of regional, State and local land use plans, policies, and controls (1502.16(c)) would be allowed cooperating agency status. Id. at 4.
Both Counties and Conservation Districts meet the criteria set out in the rules.
Under Wyoming law, a board of county commissioners shall be deemed to have special expertise on all subject matters for which it has statutory responsibility, including but not limited to, all subject matters directly or indirectly related to the health, safety, welfare, custom, culture and socio-economic viability of a county. Wyo. Stat. § 18-5- 208(a).
Because Lincoln, Uinta, and Sweetwater Count ies have officially adopted a comprehensive plan pursuant to Wyo. Stat. § 18-5- 202(b), the Counties may participate in efforts to coordinate the plan with federal agencies as provided in the Federal Land Policy and Management Act of 1976,... and any other federal statute which provides for coordination with local governments and federal regulations adopted pursuant to those acts. Wyo. Stat.§ 18-5- 208(b).
Lincoln Conservation District also has substantial background in the conservation of soil, water, and vegetative resources, range management, and grazing practices. The District works closely with other conservation districts, the State of Wyoming, and federal agencies routinely on soil, vegetation, grazing, and water resource projects on public lands. The District has been a cooperating agency on various other resource development projects and site-specific projects; and, therefore, has substantial background in ensuring that proposed actions are consistent with local and federal land use plans and policies. See40 C.F.R. § 1502.16(a)(5).
Patricia Vokoun and Joe OHara August 12, 2024 Page 4
Therefore, the Coalition members - Lincoln County, Uinta County, Sweetwater County, and Lincoln Conservation District - all request cooperating agency status for this environmental analysis of impacts associated with the Kemmerer Unit 1 facility.
III. Incorporation of Environmental Analysis Already Completed
TerraPower submitted an Environmental Report as part of its construction permit application to the NRC in accordance with 10 C.F.R. Part 51. The Environmental Report provides a very detailed discussion of the proposed site and the affected environment, as well as the potential environmental impacts from the construction of the proposed project. It addresses the relevant issues of impacts to land uses, water resources, ecological resources, air resources, historic and cultural resources, socioeconomics, and environmental justice concerns. This analysis should provide a major starting point and otherwise be incorporated into the environmental impact statement now being developed.
In addition, the DOE has already completed the environmental assessment on the TFF Project that will neighbor and support the Kemmerer Unit 1. The NRC may have the ability to tier this environmental impact statement to some or all of analysis already completed in the DOEs environmental assessment for the T FF Project. See 40 C.F.R. § 1501.11(b)(2)(ii).
IV. Access Road to the Kemmerer Unit 1
During the environmental review of the T FF Project, DOE and the Wyoming State Historic Preservation Office determined that the existing access road should be abandoned in place and replaced with a new access road about 1,400 feet south of the intersection of CR 325 and US-189 to protect a historical site. It appears that t his same existing access road and historic site was mentioned in TerraPowers Environment Report. Since the DOE has already addressed this issue by deciding to relocat e the access road, the Coalition is assuming that this same access road will be used to access the Kemmerer Unit 1. This is another reason for potentially tiering the environmental analysis of this project to the environmental assessment for the T FF Project.
V. Potential Impacts on Water Resources
TerraPowers Environmental Report has already addressed potential impacts to surface and groundwater resources. The Coalition would just emphasize the importance of addressing any impacts to water resources in this environmental impact statement. The proposed Kemmerer Unit 1 will be constructed next to, and the associated transmission line and pipelines will be crossing, the North Fork Little Muddy Creek, which is a tributary of the Green River. Any potential impacts to this Creek must be analyzed and mitigated. In addition, the environmental impact statement must address how this project Patricia Vokoun and Joe OHara August 12, 2024 Page 5
will impact any groundwater resources in and near the project boundaries. TerraPower has stated that it will use groundwater for dust suppression during construction.
The Coalition appreciates the NRCs consideration of these comments, and its members look forward to working with NRC and TerraPower in the development of the environmental impact statement for the proposed Kemmerer Unit 1 facility.
Sincerely,
Eric South, Chairman Coalition of Local Governments