ML25105A045
| ML25105A045 | |
| Person / Time | |
|---|---|
| Site: | 99902069 |
| Issue date: | 05/16/2025 |
| From: | Cayetano Santos NRC/NRR/DANU/UAL1 |
| To: | Joshua Borromeo NRC/NRR/DANU/UAL1 |
| References | |
| Download: ML25105A045 (1) | |
Text
May 16, 2025 MEMORANDUM TO:
Josh Borromeo, Chief Advanced Reactor Licensing Branch 1 Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation FROM:
Cayetano Santos Jr., Senior Project Manager Advanced Reactor Licensing Branch 1 Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation
SUBJECT:
SUMMARY
OF APRIL 18, 2025, MEETING WITH KAIROS ON THE APPLICABILITY OF 10 CFR PART 21 AND 10 CFR 50.55(e)
REPORTING REQUIREMENTS TO THE HERMES NON-POWER TEST REACTORS Meeting Information:
Applicant: Kairos Power, LLC (Kairos)
Project No.: 99902069 Meeting Type: Virtual Observation Meeting Public Meeting Notice: Agencywide Documents Access and Management System (ADAMS)
Accession No.: ML25087A055 Applicant Presentation Slides: ML25099A314
Contact:
Cayetano Santos, NRR/DANU (301) 415-7270 CAYETAN O SANTOS Digitally signed by CAYETANO SANTOS Date: 2025.05.16 08:31:41 -04'00'
J. Borromeo 2
Background:
In a letter dated April 1, 2024, Kairos Power, LLC (Kairos) requested the U.S. Nuclear Regulatory Commission (NRC) staff review and provide written feedback on a white paper (WP) titled, Basic Component Definition for Kairos Power Non-Power Test Reactors. The purpose of the WP was to confirm Kaiross understanding of the definitions of the term basic component as it applies to the Hermes non-power test reactors considering their vertically-integrated strategy of performing most safety-related design and manufacturing work internally. On August 9, 2024, the NRC staff provided Kairos with draft feedback and observations on this WP (ML24214A165). By letter dated February 27, 2025, the NRC staff provided is final assessment of this WP (ML24250A124).
Meeting Summary:
On April 18, 2025, a public meeting was held between the NRC staff and representatives of Kairos to discuss Kairos approach to implementing the Title 10 of the Code of Federal Regulations (10 CFR) Part 21 and 10 CFR 50.55(e) reporting requirements considering the NRC staffs feedback on the WP.
Below is a summary of the comments and discussions:
The NRC staff asked for clarification regarding the sub-bullet on Slide 4 which states Kairos Power does not agree with this conclusion because [Nuclear Energy Institute 14-09, Guidelines for Implementation of 10 CFR Part 21 Reporting of Defects and Noncompliance, Revision 1] does not analyze the impact of the differences in regulatory applicability and regulatory definitions for non-power reactors on the concept of delivery.
The NRC staff also noted that the definitions in 10 CFR Part 21 are the same for power and non-power reactors. Kairos staff stated that the concept of delivery is the same, but the point of delivery differs between power and non-power reactors. For non-power reactors delivery only occurs between the first-tier supplier and the licensee while for power reactors deliveries occur throughout the supply chain.
The NRC staff asked if the licensee and first-tier supplier as described in Slide 5 would be formal and separate organizations. Kairos staff stated that these are artificial distinctions that would be made within the same organization to facilitate the more traditional approach to procurement and delivery. Kairos does not plan to create a formal separation between these groups.
The NRC staff asked what is meant by the phrase, quality-affecting requirements, used in Kairos definition of procurement document (equivalent) and whether this would include technical requirements. Kairos staff stated that this term would include technical requirements. Quality-affecting requirements are those key requirements needed to meet safety functions, but Kairos wanted to avoid using the term safety-related in the definition.
The NRC staff noted that some of the descriptions of key terms are yet to be defined and asked when these would be further defined and in what documents. Kairos staff stated that this has not yet been determined.
J. Borromeo 3
As stated in the WP feedback, [t]he NRC staffs position is that for basic components manufactured by the licensee, Kairos should establish the point of delivery consistent with the point of delivery for components received from an external supplier. In all cases, the point of delivery for SSCs is when the organization authorized to use it as a basic component has taken control over the item. During the meeting, the NRC staff observed that Slide 6 appears to incorporate that feedback by defining delivery and the trigger point for the applicability of 10 CFR Part 21 and 10 CFR 50.55(e) reporting requirements.
Kairos staff asked if the NRC staff had identified any fatal flaws with the approach described. While the staff could not make definitive statements regarding the adequacy of the approach at the public meeting, considering the discussion and the slides presented at the meeting, the staff has not identified any fatal flaws with Kaiross proposed approach to implementing the reporting requirements.
The adequacy of Kaiross approach will be evaluated during the NRCs oversight and inspection of the implementation of reporting requirements at the Hermes testing facilities, as appropriate. Staff from the Office of Nuclear Reactor Regulation will provide guidance to inspectors to ensure that the point of delivery is appropriately considered when assessing compliance.
There were no comments from members of the public.
Enclosure:
List of Attendees cc: Kairos Power Hermes via GovDelivery
J. Borromeo 4
SUBJECT:
SUMMARY
OF APRIL 18, 2025, MEETING WITH KAIROS ON THE APPLICABILITY OF 10 CFR PART 21 AND 10 CFR 50.55(e) REPORTING REQUIREMENTS TO THE HERMES NON-POWER TEST REACTORS DATED:
MAY 16, 2025 DISTRIBUTION:
PUBLIC RidsACRS_MailCTR Resource RidsNrrDanuUal1 Resource RidsNrrDanu Resource JBorromeo, NRR CSantos, NRR DGreene, NRR MOrenak, NRR MHiser, NRR DHardesty, NRR YDiaz-Castillo, NRR KKavanagh, NRR EHelveston, NRR TBrown, NRR APonko, RII LMcKown, RII AGhosh Naber, OGC MWright, OGC ADAMS Accession Number: ML25105A045 NRR-109 OFFICE NRR/DANU/UAL1:PM NRR/DANU/UAL1:LA NRR/DANU/UAL1:BC NRR/DANU/UAL1:PM NAME CSantos DGreene JBorromeo CSantos DATE 4/18/2025 4/21/2025 5/15/2025 5/16/2025 OFFICIAL RECORD COPY
Enclosure List of Attendees Summary of Meeting with Kairos Power on the Applicability of 10 CFR Part 21 and 10 CFR 50.55(e) Reporting Requirements to the Hermes Non-Power Test Reactors April 18, 2025 Name Organization Cayetano Santos U.S. Nuclear Regulatory Commission (NRC)
Michael Orenak NRC Matthew Hiser NRC Tony Brown NRC Kerri Kavanagh NRC Lou McKown NRC Anthony Ponko NRC Ed Helvenston NRC Anita Ghosh Naber NRC Megan Wright NRC Christina Antonescu NRC Darrell Gardner Kairos Power, LLC (Kairos)
Peter Hastings Kairos Michael Ellett Kairos Rachel Lynch Kairos Jordan Hagaman Kairos Marty Bryan Kairos Mike Montecalvo Member of the Public Joy Jiang Member of the Public Lara Chern Member of the Public