ML26057A149
| ML26057A149 | |
| Person / Time | |
|---|---|
| Site: | 05000615 |
| Issue date: | 02/12/2026 |
| From: | Gordon E State of TN, Dept of Environment & Conservation, Div of Water Resources |
| To: | Jacks S Office of Nuclear Material Safety and Safeguards, Tennessee Valley Authority |
| References | |
| Download: ML26057A149 (0) | |
Text
STATE OF TENNESSEE Department of Environment and Conservation Division of Water Resources, Natural Resources Unit Davy Crockett Tower, 9th Floor 500 James Robertson Parkway Nashville, Tennessee 37243 February 12, 2026 Susan Jacks Senior Manager Tennessee Valley Authority 1101 Market Street, BR 2C Chattanooga, Tennessee 37402
Subject:
Tennessee Valley Authority (TVA)- Clinch River Nuclear (CRN) Site
Dear Ms. Jacks:
The Tennessee Valley Authority (TVA) has requested that the Tennessee Department of Environment and Conservation (TDEC) waive its authority to act on the request for Section 401 Water Quality Certification (WQC) for the Nuclear Regulatory Commissions (NRC) issuance of a federal Construction Permit (CP) for the Clinch River Nuclear (CRN) Site Small Modular Reactor Project in Roane County, Tennessee.
Under Section 401 of the Clean Water Act (33 U.S.C. § 1341; 40 CFR Part 121), state WQC is required prior to issuance of a federal permit. The NRCs issuance of a CP would authorize construction of a nuclear power facility but would not authorize impacts to waters of the United States. All actions involving dredge, fill, or discharge to regulated waters will remain subject to TDECs 401 WQC authority under any future U.S. Army Corps of Engineers Section 404 permit.
Additionally, TVA will comply with Clean Water Act Section 402 through TDECs National Pollutant Discharge Elimination System (NPDES) permitting stormwater construction, industrial stormwater, and process water discharges.
Because the NRCs CP does not authorize direct impacts to regulated aquatic resources and TVA has committed to obtaining all necessary permits for future activities, the State of Tennessee hereby expressly waives its authority to act on the request for 401 WQC for the NRCs issuance of the CP for the Clinch River Nuclear Site.
This waiver does not replace or supersede requirements of other local, state, federal, or Tribal laws, nor eliminate the need to obtain Aquatic Resource Alteration Permits or other authorizations as required under The Tennessee Water Quality Control Act of 1977.
Sincerely, Eddie Gordon, Environmental Program Manager Natural Resource Unit, Division of Water Resources