ML24233A278

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Hermes 2 SHPO Final EA and S106 Completion 240820
ML24233A278
Person / Time
Site: Hermes  File:Kairos Power icon.png
Issue date: 09/11/2024
From: Rome M
NRC/NMSS/DREFS/ETRB1
To: Mcintyre E
State Of TN, Historical Commission
Shared Package
ML24233A275 List:
References
Download: ML24233A278 (1)


Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 E. Patrick McIntyre, Jr.

Executive Director and State Historic Preservation Officer Tennessee Historical Commission State Historic Preservation Office 2941 Lebanon Pike Nashville, TN 37214

SUBJECT:

CONCLUSION OF SECTION 106 CONSULTATION AND NOTICE OF AVAILABILITY OF THE FINAL ENVIRONMENTAL ASSESSMENT AND FINDING OF NO SIGNFICANT IMPACT FOR KAIROS POWER LLC PROPOSED NON-POWER TEST REACTORS (HERMES 2) CONSTRUCTION PERMIT REVIEW IN ROANE COUNTY, TENNESSEE (DOCKET NUMBERS:

50-611 AND 50-612)

Dear E. Patrick McIntyre,

Jr.:

The U.S. Nuclear Regulatory Commission (NRC) staff has completed its environmental review for an application for construction permits (CPs) submitted by Kairos Power, LLC (Kairos) for two proposed non-power test reactors, referred to collectively as Hermes 2. The application was submitted by Kairos in a letter dated July 14, 2023 (Agencywide Documents Access and Management System (ADAMS) (ML23195A121)), pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 50. The Hermes 2 reactors, if licensed, would be constructed on a site within the East Tennessee Technology Park in Oak Ridge, Roane County, Tennessee.

By letters dated January 31, 2024, and February 2, 2024, the NRC initiated Section 106 consultation with the Advisory Council on Historic Preservation (ACHP), Tennessee State Historic Preservation Officer (TN SHPO), National Park Service (NPS), which manages the nearby Manhattan Project National Historical Park site, and sixteen Indian Tribes. These letters also provided notification of the NRC staffs decision to use the National Environmental Policy Act of 1969 (NEPA), as amended, process to comply with its obligations under Section 106 of the National Historic Preservation Act of 1966 (NHPA), as amended, in accordance with Title 36 of the Code of Federal Regulations (36 CFR) 800.8(c).

In April 2024, NRC sent a second letter to the TN SHPO, NPS, and sixteen Indian Tribes to announce the availability of a Draft Environmental Assessment (EA) and Draft Finding of No Significant Impact (FONSI) and preliminary determination of no adverse effect to historic properties. Information regarding the direct and indirect Areas of Potential Effects (APEs),

historic and cultural resources, and historic properties were made publicly available within Section 3.5 of the Draft EA (ML24103A002).

The purpose of this third letter is to provide final project details, provide publication information for the Final EA and FONSI, and to conclude Section 106 consultation.

September 11, 2024

E. P McIntyre, Jr 2

In addition to the ACHP, NPS, and TN SHPO, the NRC sent the following Indian Tribes Section 106 consultation correspondence (including Section 106 initiation in February 2024; availability of the Draft EA and Draft FONSI for review in April 2024), inviting input on the APEs, identification and evaluation efforts, information on resources of traditional or religious importance, and the NRC staffs determination of effect:

Absentee Shawnee Tribe Alabama-Coushatta Tribe of Texas Alabama-Quassarte Tribal Town Cherokee Nation Eastern Band of Cherokee Indians Coushatta Tribe of Louisiana Eastern Shawnee Tribe of Oklahoma Jena Band of Choctaw Indians Kialegee Tribal Town Muscogee (Creek) Nation Poarch Band of Creek Indians Seminole Nation of Oklahoma Seminole Tribe of Florida Shawnee Tribe Thlopthlocco Tribal Town United Keetoowah Band of Cherokee Indians Cherokee Nation The NRC received the following responses, ordered by date:

February 7, 2024 o

TN SHPO (ML24206A087) o finding of no adverse effect March 8, 2024 o

Indian Tribe (ML24206A083) o No objection to project proceeding March 20, 2024 o

NPS (ML24206A085) o Commented on public access to Manhattan Project National Historical Park May 6, 2024 o

TN SHPO (ML24206A086) o Concurred with the NRC staffs determination of no adverse effect June 11, 2024 o

NPS (ML24206A084) o Concurred with the NRC staffs determination of no adverse effect The TN SHPO agreed with the NRC staffs finding of no adverse effect on May 6, 2024, and no consulting party has objected. Therefore, consistent with 36 CFR 800.5(c)(1), NRC can conduct the undertaking (issuance of CPs for Hermes 2) consistent with 36 CFR 800.5(d)(1).

The NRC staff published the Final EA and FONSI in August 2024. You may access all public documents, including the Final EA and FONSI at ML24240A034, or through 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

E. P McIntyre, Jr 3

NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, or by email to PDR.Resource@nrc.gov. You may also find information concerning Hermes 2 activities at the following link https://www.nrc.gov/reactors/non-power/new-facility-licensing/hermes2-kairos.html.

Thank you for your participation; the NRC staff looks forward to working with you on future projects.

Sincerely, Michelle Rome, Chief Environmental Review Technical Branch 1 Division of Rulemaking, Environmental, and Financial Support Office of Nuclear Material Safety and Safeguards Docket Nos. 50-611 and 50-612 cc: Kelley Reid Section 106 Review State Historic Preservation Office 2941 Lebanon Pike Nashville, TN 37214 Jennifer Barnett, Federal Programs Archaeologist Tennessee Division of Archaeology 1216 Foster Ave Cole Building 3 Nashville, TN 37243 Tennessee e106 portal Signed by Rome, Michelle on 09/11/24

ML24433A278 (Letter)

OFFICE NMSS/REFS NMSS/REFS NMSS/REFS NMSS/REFS NMSS/REFS NAME BGoldstien AWalker-Smith PDoub MRome BGoldstien DATE 8/21/ 2024 8/ 21 / 2024 8/ 21 / 2024 8/ 22 / 2024 9/ 28 / 2024 OFFICE OGC NMSS/REFS NMSS/REFS NAME A.Ghosh BGoldstien MRome DATE 9 / 9 / 2024 9/ 10 / 2024 9 /11/ 2024

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