ML24311A168
| ML24311A168 | |
| Person / Time | |
|---|---|
| Site: | Kemmerer File:TerraPower icon.png |
| Issue date: | 11/06/2024 |
| From: | NRC |
| To: | NRC/NMSS/DREFS |
| References | |
| Download: ML24311A168 (10) | |
Text
From:
Joe OHara Sent:
Wednesday, November 6, 2024 2:28 PM To:
Nick Kellenberger; Beth Dalick; NRCmailbox@terrapower.com; TerraPower-NSFREnvDocsPUBLICem Resource Cc:
Daniel Barnhurst; Patricia Vokoun; Madelyn Nagel; Jackson, Jim; Miracle, Ann L
Subject:
SUBJECT:
TERRAPOWER, LLC, REQUEST FOR SUPPLEMENTAL INFORMATION FOR KEMMERER UNIT 1 ENVIRONMENTAL REPORT BATCH #1, BATCH #2 AND BATCH #3 INFORMATION NEEDS AND REQUESTS FOR ADDITIONAL INFORMATION (RAI)
Attachments:
Attachment for Supplemental Information Requests and RAIs.docx
SUBJECT:
TERRAPOWER LLC, REQUEST FOR SUPPLEMENTAL INFORMATION FOR KEMMERER UNIT 1 ENVIRONMENTAL REPORT BATCH #1, BATCH #2, AND BATCH #3 INFORMATION NEEDS AND REQUESTS FOR ADDITIONAL INFORMATION (RAI)
Dear Mr. Kellenberger:
By letter dated July 31, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24213A268), to TerraPower, LLC (TerraPower) the NRC issued its plan for conducting an environmental audit related to the TerraPower, LLC (TerraPower) CP application for its Kemmerer Unit 1 reactor. On August 5, 2024, staff issued batch #1 Information Needs request (ML24285A043) via e-mail (ML24285A044). On September 18, 2024, staff issued batch #2 Information Needs request (ML24289A121) via e-mail (ML24289A120). The staff reviewed responses and documents on the applicant electronic information portal, CERTREC and held discussions with applicant staff related to these audit items. On October 24, 2024, NRC forwarded a Request for Confirmation (RCI) (ML24298A114).
On October 30, 2024, NRC forwarded batch #3 Information Needs request (ML24304B068) and discussed them with you on November 6, 2024. Based on subsequent discussions with you, the staff agreed to supersede the draft RCI request with one document describing supplemental information needs. The staff requests that TerraPower submit supplemental information on the docket to address Information Needs Requests and the two Requests for Additional Information (RAI) which are in the attachment. The NRC requests a response in 30 days.
Regulatory Basis:
Construction permit (CP) requirements are specified in Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Domestic Licensing of Production and Utilization Facilities.
TerraPower submitted an Environmental Report (ER) as part of its CP application in accordance with 10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions. The Nuclear Regulatory Commissions (NRC) regulations at 10 CFR Part 51, which implement Section 102(2) of the National Environmental Policy Act (NEPA) of 1969, include requirements for applicants to provide information as may be useful in aiding the NRC staff in complying with NEPA. Review guidance for the staff is provided in the Final Interim Staff Guidance for Augmenting NUREG-1537, Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors, Parts 1 and 2 (ML12156A069 and ML12156A075).
Accessing ADAMS:
The Agencywide Documents Access and Management Systems (ADAMS) Public Electronic Reading Room is accessible at http://www.nrc.gov/reading-rm/adams.html on the NRC Website.
Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRCs Public Document Room reference staff by phone at 1-800-397-4737 or via email at pdr@nrc.gov.
If you have any questions whatsoever, please contact me at Joe.OHara@nrc.gov or Patricia Vokoun at Patricia.Vokoun@nrc.gov.
Joe OHara Project Manager U.S. Nuclear Regulatory Commission Office of Nuclear Materials Safety and Safeguards Division of Rulemaking, Environmental, and Financial Support (301) 415-6854; T5-A68 Ora et labora acta non verba
Hearing Identifier:
TerraPower_NSFREnvDocs_Public Email Number:
5 Mail Envelope Properties (DM8PR09MB6487BBF46A824848DE234EB2EE532)
Subject:
SUBJECT TERRAPOWER, LLC, REQUEST FOR SUPPLEMENTAL INFORMATION FOR KEMMERER UNIT 1 ENVIRONMENTAL REPORT BATCH #1, BATCH #2 AND BATCH #3 INFORMATION NEEDS AND REQUESTS FOR ADDITIONAL INFORMATION (RAI)
Sent Date:
11/6/2024 2:28:12 PM Received Date:
11/6/2024 2:28:17 PM From:
Joe OHara Created By:
Joe.OHara@nrc.gov Recipients:
"Daniel Barnhurst" <Daniel.Barnhurst@nrc.gov>
Tracking Status: None "Patricia Vokoun" <Patricia.Vokoun@nrc.gov>
Tracking Status: None "Madelyn Nagel" <Madelyn.Nagel@nrc.gov>
Tracking Status: None "Jackson, Jim" <james.jackson@pnnl.gov>
Tracking Status: None "Miracle, Ann L" <Ann.Miracle@pnnl.gov>
Tracking Status: None "Nick Kellenberger" <nkellenberger@terrapower.com>
Tracking Status: None "Beth Dalick" <bdalick@terrapower.com>
Tracking Status: None "NRCmailbox@terrapower.com" <NRCmailbox@terrapower.com>
Tracking Status: None "TerraPower-NSFREnvDocsPUBLICem Resource"
<TerraPower-NSFREnvDocsPUBLICem.Resource@nrc.gov>
Tracking Status: None Post Office:
DM8PR09MB6487.namprd09.prod.outlook.com Files Size Date & Time MESSAGE 3430 11/6/2024 2:28:17 PM image001.png 22883 Attachment for Supplemental Information Requests and RAIs.docx 49993 Options Priority:
Normal Return Notification:
No Reply Requested:
No Sensitivity:
Normal Expiration Date:
REQUEST FOR SUPPLEMENTAL INFORMATION KEMMERER UNIT 1 ENVIRONMENTAL REPORT DOCKET NO. 50-0613 EPID L-2024-LNE-0002 Please submit the following Audit items in a supplemental information document:
Air Quality AQN - 1 Hydrology HYD - 01 HYD - 02 HYD - 03 HYD - 06 HYD - 10 HYD - 11 HYD - 13 HYD - 14 HYD - 15 HYD - 16 HYD - 17 HYD - 18 HYD - 19 HYD - 20 Aquatic Ecology AECO - 3 AECO - 4 AECO - 7 AECO - 8 AECO - 10 AECO - 11
Terrestrial Ecology TECO - 1 TECO - 2 TECO - 4 TER - 6 Historic and Cultural Resources HCR - 2 HCR - 3 HCR - 4 HCR - 6 HCR - 9 HCR - 13 HCR - 15 Human Health HHR - 1 Fuel Cycle and Radiological Waste Management FCRW - 2 FCRW - 3 Transportation TR - 1 TR - 3 TR - 4 Accidents ACC - 1 ACC - 2
Site and Technical Overview STO - 2 STO - 3 Cumulative CMLT - 3 The following documents are requested to be submitted on the docket:
- 1. HYD - 05; Provide PSAR Reference 2.5-102.
- 2. HYD - 08; PacifiCorp Permit #22297, State of Wyoming Certificate of Appropriation of Water.
- 3. HYD - 09; Digital copies of ER Figures 3.1-3, 3.1-4, 3.2-1, and 3.2-2
- 4. HYD - 10; Bechtel 2023, NAT-7267, Groundwater Flow Model Calculation Report
- 5. HYD - 12; Provide the PacificCorp 2018 NPDES/WYPDES permit WY0020311.
- 6. AECO - 1; BIO-WEST, Natrium Project Aquatic Surveys Final Report, January 2024.
- 7. AECO - 2 and - 5; Construction map showing the aerial extent and location of construction activities and water discharge, expected December 2024
- 8. AECO - 9; Provide the document, Hargett, E.G. and J.R. ZumBerge. Redevelopment of the Wyoming Stream Integrity Index (WSII) for assessing the biological condition of wadeable streams in Wyoming. Wyoming Department of Environmental Quality, Water Quality Division.
Cheyenne and Sheridan, WY.
- 9. AECO-12; Provide WGFD aquatic resources recommendations letter, dated 4/27/23.
- 10. SOCIOEJ - 1; Jorgensen Associates, Test and Fill Facility & Natrium Demonstration Project Traffic Impact Study, February 6, 2024.
- 11. TECO - 3; Natrium Project, Wetland and Other Waters of the U.S. Delineation Report Lincoln County, WY, January 2023, and all metadata files such as GIS layers.
Natrium Demonstration Project, UTE Ladies-Tresses Survey Lincoln County, WY, Rev.2, January 2024, and all metadata files such as GIS layers.
Natrium Demonstration Project, UTE Ladies-Tresses Survey Lincoln County, WY, Rev.3, Date TBD, and all metadata files such as GIS layers.
Natrium Demonstration Project, UTE Ladies-Tresses Survey Lincoln County, WY, November 2023.
- 12. TECO - 4;
Natrium Project, General Terrestrial Visual Encounter Surveys Lincoln County, WY, January 2023, all metadata files such as GIS layers.
Natrium Project, General Terrestrial Visual Encounter Surveys Lincoln County, WY, July 2023, all metadata files such as GIS layers.
- 13. TECO - 5; The Avian Pre-Construction Nest Clearance Survey and Monitoring Plan, May 2024.
NPDES Large Construction General Permit that details SWPPP, SPCC, Erosion Controls, Revegetation Plans, and Ecological Monitoring, Expected December 2024.
- 14. TER - 6; Provide Figure F-8 Raptor Nest Locations.
- 15. STO - 2; Provide the higher resolution figure 3.1-4.
REQUEST FOR ADDITIONAL INFORMATION KEMMERER UNIT 1 ENVIRONMENTAL REPORT DOCKET NO. 50-0613 EPID L-2024-LNE-0002 Requests for Additional Information (RAI):
RAI - 1 REQUIREMENT: Section 106 of the National Historic Preservation Act (NHPA) directs Federal agencies to identify historic properties within the area of potential effect (APE) and assess the effects of the undertaking to identified historic properties within the APE.
Specifically, 36 CFR 800.4(b) states that, in consultation with the State Historic Preservation Office (SHPO) and Indian Tribes, the Federal agency shall take the steps necessary to identify historic properties within the APE based on:
- 1. a review of existing information on historic properties within the APE, including any data concerning possible historic properties not yet identified (36 CFR 800.4(a)(2)), and
- 2. information gathered from consulting parties (SHPO, Tribal Historic Preservation Officer, Indian Tribes) likely to have knowledge of, or concerns with, historic properties within the APE (36 CFR 800.4(a)(3)).
The level of effort (36 CFR 800.4(b)(1)) required for identifying historic properties is determined by the agency official and is required to be a reasonable and good faith effort for the APE and undertaking as a whole, and may include, background research, consultation, oral history interviews, sample field investigation, and field survey. Identification of cultural resources may also occur through a phased identification and evaluation approach (36 CFR 800.4(b)(2)) where memoranda or agreements, programmatic agreements, or other agreement documents and processes are followed, agreed to, and established through consultation.
In accordance with 36 CFR 800.2(c)(2)(ii), Federal agencies must consult with any Indian Tribe
that attaches religious and cultural significance to historic properties that may be affected by an undertaking. The agency official shall ensure that consultation in the Section 106 process provides Indian Tribes a reasonable opportunity to identify its concerns about historic properties; advise on the identification and evaluation of historic properties, including those of traditional religious and cultural importance; articulate its views on the undertaking's effects on such properties; and participate in the resolution of adverse effects. This requirement applies regardless of the location of the historic property.
In accordance with 36 CFR 800.1(c), the NRC must complete the Section 106 process, prior to making a decision on the licensing action.
ISSUE: The NRC staff is preparing an environmental impact statement (EIS) in accordance with Title 10 of the Code of Federal Regulations (10CFR) Part50, Domestic Licensing of Production and Utilization Facilities. TerraPower submitted an Environmental Report (ER) as part of its CP application in accordance with 10CFR Part51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions. The Nuclear Regulatory Commissions (NRC) regulations at 10 CFR Part 51, which implement Section 102(2) of the National Environmental Policy Act (NEPA) of 1969, include requirements for applicants to provide information as may be useful in aiding the NRC staff in complying with NEPA, and other federal consultation obligations such as Section 106 of the NHPA.
REQUEST: Preliminary information for onsite and offsite construction activities was provided in the ER, Sections 4.6 and 5.6 and in response to Information Needs audit calls. However, final construction plans and designs have not been provided and a lack of information exists regarding impacts to historic properties. The NRC requests an updated Class III Report with the following information:
(a) Specific locations of all utility corridors and construction locations for installation of transmission features, pipelines, and locations of roads to be constructed.
(b) Details of utility corridor design with regard to height, structure type, and color of transmission features (c) Identification of cultural resources that would be disturbed by offsite construction activities.
(d) Provide and describe previous and ongoing Wyoming SHPO recommendations and concurrence.
(e) Assess the National Register of Historic Places eligibility of the Naughton Power Plant and the potential for adverse effects on the property from transmission, pipeline and other alterations required for the Kemmerer Unit 1 facility.
(f) Identify and describe the potential for offsite impacts to any PacifiCorp water delivery infrastructure necessary for Kemmerer Unit 1 and assess the National Register of Historic Places eligibility and any potential effects to this infrastructure.
(g) Describe specific construction and laydown plans for onsite and offsite construction activities relevant to 48LN740 and 48LN8940 and avoidance and mitigation recommendations for these sites.
RAI - 2 REQUIREMENT: 10 CFR 51.45(c) requires that the ER include a description of the affected environment including offsite activities that could result in cumulative impacts; hydrologic alterations; impacts to wetlands and historical properties; disturbances to terrestrial habitat; and changes to land use designations. Per NRC Regulatory Guidance 4.2, a description of the offsite affected environment should include, but not limited to, a description of offsite project elements (i.e., transmission lines), map showing the potential or planned routing (i.e., the specific route or a band encompassing the route) of new corridors, and location of related utilities, etc.
ISSUE: The NRC staff is preparing an environmental impact statement (EIS) in accordance with Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Domestic Licensing of Production and Utilization Facilities. TerraPower submitted an Environmental Report (ER) as part of its CP application in accordance with 10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions. The Nuclear Regulatory Commissions (NRC) regulations at 10 CFR Part 51, which implement Section 102(2) of the National Environmental Policy Act (NEPA) of 1969, include requirements for applicants to provide information as may be useful in aiding the NRC staff in complying with NEPA.
REQUEST: Please provide a description of the water pipeline and the transmission line connecting Naughton Power Plant and Kemmerer Unit 1 site along the offsite corridor. Include in the description processes for selecting the final route and service and/or access roads within the study area and/or ROWs, strategies for avoiding impacts to known resources (e.g., wetlands, streams, and historic properties), estimated size and density of utility structures (e.g.,
transmission towers and associated pads), and construction methods. Provide a map (including GIS shapefiles) of the proposed route(s) of the water pipeline and transmission lines from the Naughton Power Plant to Kemmerer Unit 1 (including any stream/wetland crossings and where the pipeline will run to at Kemmerer Unit 1 site).