ML25288A102
| ML25288A102 | |
| Person / Time | |
|---|---|
| Site: | 07007033 |
| Issue date: | 10/22/2025 |
| From: | Barnhust D NRC/NMSS/DREFS/EPMB2 |
| To: | Reusch E US Dept of the Army, Corps of Engineers, Louisville District |
| References | |
| Download: ML25288A102 (1) | |
Text
Eric G. Reusch U.S. Army Corps of Engineers Louisville District Attention: CELRL-RD P.O. Box 59 Louisville, KY 40401-0059
SUBJECT:
INVITATION TO PARTICIPATE AS A COOPERATING AGENCY IN PREPARATION OF AN ENVIRONMENTAL IMPACT STATEMENT FOR THE GLOBAL LASER ENRICHMENT SPECIAL NUCLEAR MATERIAL LICENSE APPLICATION AT THE PADUCAH LASER ENRICHMENT FACILITY IN MCCRACKEN COUNTY, KENTUCKY (DOCKET NUMBER: 70-7033)
Dear Eric Reusch:
The purpose of this letter is to invite the Louisville District, U.S. Army Corps of Engineers (Corps) to participate as a cooperating agency in the U.S. Nuclear Regulatory Commission (NRC) staffs preparation of an environmental impact statement (EIS) issued for Global Laser Enrichments (GLE) special nuclear materials (SNM) license. GLE has requested an SNM license to construct and operate a uranium enrichment facility adjacent to the Paducah Gaseous Diffusion Plant in McCracken County, Kentucky. The NRC staff is developing an EIS to address the environmental impacts associated with GLEs license request, pursuant to the National Environmental Policy Act (NEPA), as amended. The NRC published a Federal Register Notice of Intent to prepare an EIS for the application on September 5, 2025 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML25239A015).
Pursuant to section 107(a)(3) of the Fiscal Responsibility Act of 2023, a Federal agency may request another Federal agency having either jurisdiction by law or possessing special expertise regarding any environmental issue to participate as a cooperating agency. Because of the Louisville Districts (District) regulatory authority over the discharge of dredged or fill material (e.g., soil, rock, debris) at the GLE Paducah Laser Enrichment Facility including aquatic resources under section 404 of the Clean Water Act (CWA), we are requesting the District to be a cooperating agency. In addition, the District has special expertise in evaluating whether aspects of this project comply with the CWA § 404(b)(1) guidelines.
On September 12, 2008, the NRC and the Corps signed a Memorandum of Understanding (MOU) on Environmental Reviews Related to Requests to Construct and Operate New Nuclear Power Plants (ML082540354). The purpose of the MOU is to establish a framework for early coordination and participation between the two agencies to ensure the timely review of the proposed nuclear power plant applications. Though this cooperating agency effort would be for the licensing of an enrichment facility rather than a power plant, the MOU stands as a baseline for coordination between the NRC and the Corps and provides an example of the general roles and responsibilities of the NRC (as lead agency) and the Corps (as cooperating agency) in developing the EIS. The NRCs consultations will be conducted to the extent of NRCs October 22, 2025
E. Reusch 2
regulatory authority for the proposed action. The NRC has designated GLE as a non-Federal representative for consultation under Section 7 of the Endangered Species Act of 1973, as amended (ML25028A228).
The NRC estimates issuance of the EIS in approximately 14 months from the issuance of acceptance on August 4, 2025, in accordance with timeframes listed in the Fiscal Responsibility Act of 2023. Table 1 provides a summary of milestones establishing a schedule to develop documentation to meet both agencies disclosure and decision-making obligations.
Each agency may develop additional guidance to ensure that the Corps permit documentation is prepared concurrently with the NEPA process to the maximum extent practicable. Advance copies of the NRCs NEPA document will be provided to the Corps, including the purpose, need, and alternatives sections for additional Corps input, as well as advance copies of the draft and final NEPA documents. The Corps may review the NEPA document and provide written comments and generate specific sections related to the Corps regulatory requirements, as appropriate, and as agreed upon to support the relevant milestone deadline in table 1. If at any point during the NEPA process the Corps or the NRC anticipates an inability to comply with this schedule, it should communicate the reason for this inability as soon as possible. The agencies will then work together to help avoid anticipated delays when appropriate.
If you have any questions or would like to discuss this project in more detail, please contact Amy Minor, Environmental Project Manager, by phone at 817-200-1454 or via email at Amy.HesterMinor@nrc.gov.
Sincerely, Daniel Barnhust, Chief Environmental Project Management Branch 3 Division of Rulemaking, Environment, and Financial Support Office of Nuclear Material Safety and Safeguards Docket No. 70-7033 Signed by Barnhurst, Daniel on 10/22/25
E. Reusch 3
Table 1. Review Milestones for the Global Laser Enrichment Special Nuclear Material License Application at the Paducah Laser Enrichment Facility Review Milestones Responsible Agency Estimated Completion EIS Public Scoping Period and Comment U.S. Nuclear Regulatory Commission September 2025 Issue Approved Jurisdictional Determination U.S. Army Corps of Engineers November 2025 Initiate National Historic Preservation Act Section 106 Consultation U.S. Nuclear Regulatory Commission November 2025 Issue Initial Environmental Requests for Additional Information U.S. Nuclear Regulatory Commission October 2025 Issue draft EIS U.S. Nuclear Regulatory Commission March 2026 Final EIS Issue Federal Register Notice, Prepare Record of Decision U.S. Nuclear Regulatory Commission September 2026 Corps Section 404 Permit Decision U.S. Army Corps of Engineers To be determined
Ltr ML25288A102 OFFICE NMSS/REFS/EPMB2 NMSS/REFS/EPMB2 NMSS/REFS/ERNRB NAME AMinor AWalker-Smith DBarnhurst DATE Oct 15, 2025 Oct 16, 2025 Oct 22, 2025