ML25119A331
| ML25119A331 | |
| Person / Time | |
|---|---|
| Site: | Kemmerer File:TerraPower icon.png |
| Issue date: | 05/07/2025 |
| From: | Mallecia Sutton NRC/NRR/DANU/UAL1 |
| To: | George Wilson TerraPower |
| References | |
| EPID L-2024-LLE-0027 | |
| Download: ML25119A331 (1) | |
Text
May 7, 2025 George Wilson Senior Vice President, Regulatory Affairs TerraPower, LLC.
15800 Northup Way Bellevue, WA 98008
SUBJECT:
US SFR OWNER, LLC. - NOTIFICATION OF THE ISSUANCE OF THE EXEMPTION FROM CERTAIN REQUIREMENTS IN TITLE 10 OF THE CODE OF FEDERAL REGULATIONS 50.10(a) (EPID: L-2024-LLE-0027)
Dear George Wilson:
By letter dated September 9, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24253A023), TerraPower submitted, on behalf of US SFR Owner, LLC. (USO), an exemption request to the U.S. Nuclear Regulatory Commission (NRC), for the proposed Kemmerer Power Station Unit 1 (Kemmerer 1) associated with the construction of the proposed Natrium Energy Island. The requested exemptions were from the definitions of construction in Title 10 of the Code of Federal Regulations (10CFR) 50.10(a), Definitions, and 10 CFR 51.4, Definitions, and would have excluded all non-safety-related with no special treatment (NST) structures, systems, and components (SSCs) located on the energy island (EI) from the scope of construction as defined in these regulations. On February 28, 2025, (ML25059A093), TerraPower submitted, on behalf of USO, a new request that superseded the September 9, 2024 letter and requested an exemption with a more limited scope. TerraPower, on behalf of USO, further supplemented this request via letters dated April 7, 2025 (ML25097A132), and April 29, 2025 (ML25119A205). In particular, the supplement dated April 29, 2025, withdrew the exemption it had requested from 10 CFR 51.4.
In the review documented in the enclosed exemption, the NRC staff determined that the exemption is authorized by law, will not present an undue risk to the public health and safety, and is consistent with the common defense and security. Also, special circumstances are present.
The NRC staff prepared an environmental assessment (EA) and finding of no significant impact (FONSI). The EA and FONSI were published in the Federal Register on May 7, 2025 (90 FR 19322). The NRC staff is granting the enclosed exemption from specific requirements of 10 CFR. This exemption modifies the definition of construction in 10 CFR 50.10(a)(1)(iv) from SSCs whose failure could cause a reactor scram or actuation of a safety-related system to SSCs whose failure could cause a reactor scram or actuation of a safety-related system, excluding Natrium EI SSCs classified as non-safety-related with no special treatment (NST).
This specific exemption allows USO to proceed with the driving of piles, subsurface preparation, placement of backfill, concrete, or permanent retaining walls within an excavation, installation of foundations, or the inplace assembly, erection, fabrication, or testing of SSCs classified as
NST; the failure of which could cause the reactor to scram or actuation of a safety-related system that are located on the proposed EI without a limited work authorization while the NRC staff continues its construction permit (CP) application review. Issuing this exemption does not constitute a commitment by the NRC staff to issue a CP for Kemmerer 1. USO would install the SSCs assuming the risk that its CP application may later be denied. The exemption is effective immediately.
A copy of the exemption is enclosed. The exemption has been forwarded to the Office of the Federal Register for publication.
If you have questions regarding this matter, please contact Mallecia Sutton at (301) 4150673 or via email at Mallecia.Sutton@nrc.gov.
Sincerely,
/RA/
Mallecia Sutton, Senior Project Manager Advanced Reactor Licensing Branch 1 Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Docket No.: 500613
Enclosure:
As stated cc: TerraPower Natrium via Gov Delivery
Package: ML25119A329 Letter: ML25119A331
Enclosure:
ML25119A333 NRR-106 OFFICE NRR/DANU/UAL1:PM NRR/DANU/UAL1:PM NRR/DANU/UAL2:LA NRR/DANU/UAL1:BC NAME MSutton CSantos CSmith JBorromeo DATE 04/29/2025 04/29/2025 05/01/2025 05/01/2025 OFFICE OGC NRR/DANU:D NRR/DANU/UAL1:PM NAME NMertz JBowen MSutton DATE 04/29/2025 05/ 01/2025 05/ 07/2025