ML26028A259
| ML26028A259 | |
| Person / Time | |
|---|---|
| Site: | 07007040 |
| Issue date: | 01/08/2026 |
| From: | Bridges A General Matter |
| To: | NRC/NMSS/DFM/FFLB |
| Shared Package | |
| ML26028A254 | List: |
| References | |
| GEM-LIC-2026-001 | |
| Download: ML26028A259 (0) | |
Text
January 08, 2026 GEM-LIC-2026-001 Docket Number: 07007040 From:
Ashby Bridges General Matter, Inc.
1 Letterman Dr., Bldg D 5th Floor San Francisco, CA 94129-1494 USA To:
U.S. Nuclear Regulatory Commission Attn: Document Control Desk Director, Office of Nuclear Material Safety and Safeguards Washington, D.C. 20555-0001
Subject:
Enabling safe, effective, and efficient construction for General Matters planned Paducah Enrichment Facility by modernizing the interpretation of 10 CFR Part 70.4 definition, Construction.
General Matter, Inc. (GM) requests that the definition, Construction, in 10 CFR 70.4, be interpreted to enable additional (compared to past practice) pre-construction activities at the Paducah Enrichment Facility prior to licensing provided (a) there is essentially equivalent reasonable assurance of safety and security, (b) the underlying purpose of the regulation is still achieved, and (c) the activities are not contrary to law (including Section 193 of the Atomic Energy Act (AEA), 42 U.S.C. § 2243). This recommended approach would benefit the entire nuclear industry, including GM, by enabling all enrichment companies to perform expanded preconstruction activities in parallel with the development of the license application to construct and operate uranium enrichment facilities.
As described in SECY-25-0074, Expedited Construction of Certain Structures, Systems, and Components, NRC has discretion under the AEA to define activities that do not constitute construction, for example, activities that lack a direct nexus to safety can be performed without prior NRC authorization. Although that recent paper was reactor-focused, GM proposes that NRC apply similar logic to the Paducah Enrichment Facility, especially given the comparatively lower-risk profile of enrichment facilities. Specifically, GM proposes that if a structure, system, or component is not reasonably expected to be an item relied on for safety (IROFS) and not needed for compliance with 10 CFR Part 73, then building or installing it should not be considered construction requiring prior NRC approval.
GM believes the approach described in the Enclosure presents both a reasonable reading of the plain language of the current regulatory requirement and provides an opportunity to reduce resources among alternatives that are effective. GM believes significant project duration reduction can be achieved with a new Construction interpretation, while preserving reasonable assurance of adequate protection of safety and security.
GM believes an earlier, application-specific action for the Paducah Enrichment Facility is warranted, as described in the Enclosure. Timely completion of the GM facility (a) directly supports national security priorities to reduce dependence on foreign-enriched uranium as described in EO 14302, Reinvigorating the Nuclear Industrial Base, (b) supports the timelines to phase out imports by 2028 set forth in the Prohibiting Russian Uranium Imports Act (P.L. 118-62), and (c) helps ensure sufficient enriched uranium is available to support national priorities to deploy additional nuclear power reactors to meet the challenges of rising energy demand. Further, demonstrated progress in the form of construction of the GM facility will convey essential confidence to industry, investors, and the public, that domestic uranium fuel cycle needs are on track to be met.
We are prepared to discuss our proposal at the hybrid meeting scheduled for January 14th.
We look forward to the NRC staffs response providing increased regulatory clarity and reliability, which is important to enable GMs continued compliance with 10 CFR 70.23(a)(7), while sustaining progress to meet national priorities. If you have additional questions, please contact me at Ashby@GeneralMatter.com.
Sincerely, Ashby Bridges
Enclosures:
- 1. GEM-LIC-2026-001 Enclosure 1, Justification for Certain Additional Pre-Construction Activities
- 2. GEM-LIC-2026-001 Enclosure 2, Affidavit Supporting Request for Withholding from Public Disclosure (10 CFR 2.390) cc:
Jonathan Rowley, NMSS Robert Mathis, NMSS Tekia Govan, NMSS Andrea Kock, NMSS Samantha Lav, NMSS Shana Helton, NMSS