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| author name = Rankin J | | author name = Rankin J | ||
| author affiliation = NRC/NRO/DLSE | | author affiliation = NRC/NRO/DLSE | ||
| addressee name = | | addressee name = Mcintyre E | ||
| addressee affiliation = State of TN, Tennessee Historical Commission | | addressee affiliation = State of TN, Tennessee Historical Commission | ||
| docket = 05200047 | | docket = 05200047 | ||
| license number = | | license number = | ||
| contact person = Fetter A | | contact person = Fetter A | ||
| document type = Letter | | document type = Letter | ||
| page count = 4 | | page count = 4 | ||
| Line 15: | Line 15: | ||
=Text= | =Text= | ||
{{#Wiki_filter:Code of Federal Regulations}} | {{#Wiki_filter:Mr. McIntyre November 13, 2018 Mr. E. Patrick McIntyre, Jr. | ||
Executive Director and State Historic Preservation Officer Tennessee Historical Commission State Historic Preservation Office 2941 Lebanon Pike Nashville, TN 37214 | |||
==SUBJECT:== | |||
DOCUMENTATION OF COMPLETION OF U.S. NUCLEAR REGULATORY COMMISSIONS NATIONAL HISTORIC PRESERVATION ACT SECTION 106 CONSULTATION FOR THE EARLY SITE PERMIT FOR THE CLINCH RIVER NUCLEAR SITE IN ROANE COUNTY, TENNESSEE | |||
==Dear Mr. McIntyre:== | |||
Thank you for your comments that you provided to us on May 16, 2018, regarding the U.S. | |||
Nuclear Regulatory Commissions (NRCs) draft environmental impact statement (EIS) for an Early Site Permit (ESP) at the Clinch River Nuclear (CRN) Site in Oak Ridge, Roane County, Tennessee. On October 3, 2018, NRC staff held a teleconference with Ms. Jennifer Barnett of the Tennessee Division of Archaeology, to discuss the results of the NRCs National Historic Preservation Act (NHPA) Section 106 consultation for the ESP. The purpose of this letter is to formally respond to your letter dated May 15, 2018, and to document the results of NRCs NHPA Section 106 consultation for the ESP. The NRC is coordinating its Section 106 consultations for the ESP through the National Environmental Policy Act (NEPA) process per Title 36 of the Code of Federal Regulations 800.8(c). The staff will document the results of its consultation with the Tennessee Historical Commission (THC) in the final environmental impact statement (FEIS) for the purposes of the administrative record. | |||
As discussed during the teleconference, the NRCs undertaking is to issue an ESP which is an approval of a site as suitable for future deployment of two or more small modular reactors (SMRs), and does not authorize construction and operation of a nuclear power plant. The Tennessee Valley Authority (TVA) would need to apply for and receive a separate authorization (such as a combined license) to the NRC in order to construct and operate a nuclear power plant. | |||
Issuance of a combined license would be a separate NRC undertaking requiring NRC to prepare a supplemental EIS and complete a separate NHPA Section 106 review and consultation. | |||
Mr. McIntyre TVAs future undertaking is to construct and operate two or more SMRs, and it has initiated its own NHPA Section 106 review and consultation. In addition to its separate review and consultation under Section 106 of the NHPA, TVA is also obligated to complete a NEPA analysis independent of the one conducted by the NRC. TVA has not initiated a NEPA review at this time. | |||
As part of TVAs NHPA Section 106 compliance responsibilities for its proposed project, TVA conducted five historic and cultural resource investigations between 2011 and 2015. These investigations resulted in an updated and complete inventory of archaeological and architectural resources located within the onsite direct- and indirect-effects areas of potential effect (APE). | |||
Between 2015 and 2016, TVA developed and executed a programmatic agreement (PA) in consultation with the THC and American Indian Tribes (Tribes) to address how TVA would comply with the ongoing NHPA Section 106 requirements associated with its proposed project. The PA outlines how TVA would resolve adverse effects to historic properties located within the APE. | |||
In response to your comment regarding future consultations to resolve adverse effects, it is expected that TVA will have consulted with your office and Tribes to resolve potential adverse effects prior to TVA moving forward with the project and applying for combined license application. TVA has committed to keep the NRC informed of any updates concerning its NHPA Section 106 consultations. Should TVA choose to move forward with a combined license application, the NRC will complete a separate NHPA Section 106 review and consultation at that time. The results of TVAs NHPA Section 106 review and consultations will inform the NRCs future review. | |||
During the teleconference, the NRC also summarized comments received from Tribes on the draft EIS. As discussed, many of the comments provided by Tribes are pertinent to TVAs undertaking and its ongoing NHPA Section 106 consultation considerations. NRC has made TVA aware of these comments and concerns and anticipates that they will be addressed as part of TVAs ongoing NHPA Section 106 consultation. In response to Tribal comments, NRC held teleconferences with each Tribe to discuss their concerns and comments and formally responded to Tribes via letter to document the results of NRCs NHPA Section 106 consultation for the ESP. | |||
The NRC will summarize input received from Tribes and the THC (i.e., e-mails, letters, and teleconferences) in the FEIS to document NRCs completion of the NHPA Section 106 consultation process for the ESP, for the administrative record. | |||
Mr. McIntyre If you have any questions concerning the NRC staffs environmental review of this ESP application, please contact Ms. Tamsen Dozier, NRC Environmental Project Manager for the CRN ESP project, at (301) 415-2272 or by e-mail at Tamsen.Dozier@nrc.gov, or in her absence, please contact Ms. Jennifer Davis at 301-415-3835 or by e-mail at Jennifer.Davis@nrc.gov. | |||
Sincerely, | |||
/RA/ | |||
Jennivine Rankin, Acting Chief Licensing Branch 3 Division of Licensing, Siting and Environmental Analysis Office of New Reactors Docket No.: 52-047 cc: Marianne M. Shuler, TVA ( ) | |||
Ray Schiele, TVA, ( ) | |||
Daniel Stout, TVA ( ) | |||
Justin Heskew, Historic Preservation Specialist State Historic Preservation Office 2941 Lebanon Pike Nashville, TN 37214 Jennifer Barnett, Federal Programs Archaeologist Tennessee Division of Archaeology 1216 Foster Ave Cole Building 3 Nashville, TN 37243 Mr. E. Patrick McIntyre, Jr. | |||
Executive Director and State Historic Preservation Officer Tennessee Historical Commission State Historic Preservation Office 2941 Lebanon Pike Nashville, TN 37214 Mr. Daniel P. Stout Senior Manager Tennessee Valley Authority Small Modular Reactors 1101 Market Street, LP 4B Chattanooga, TN 37402 | |||
ML18267A315 via e-mail NRO-002 OFFICE PM:DLSE LA:DLSE PM:DLSE NAME AFetter SGreen JDavis DATE 10/24/2018 11/06/2018 10/19/2018 OFFICE BC:DLSE (Acting) OGC DD:DLSE (Acting) | |||
NAME JRankin (signed) OMikula MMcCoppin DATE 11/13/20108 10/30/2018 11/02/2018}} | |||
Latest revision as of 15:17, 20 October 2019
| ML18267A315 | |
| Person / Time | |
|---|---|
| Site: | Clinch River |
| Issue date: | 11/13/2018 |
| From: | Jennivine Rankin NRC/NRO/DLSE |
| To: | Mcintyre E State of TN, Tennessee Historical Commission |
| Fetter A | |
| References | |
| Download: ML18267A315 (4) | |
Text
Mr. McIntyre November 13, 2018 Mr. E. Patrick McIntyre, Jr.
Executive Director and State Historic Preservation Officer Tennessee Historical Commission State Historic Preservation Office 2941 Lebanon Pike Nashville, TN 37214
SUBJECT:
DOCUMENTATION OF COMPLETION OF U.S. NUCLEAR REGULATORY COMMISSIONS NATIONAL HISTORIC PRESERVATION ACT SECTION 106 CONSULTATION FOR THE EARLY SITE PERMIT FOR THE CLINCH RIVER NUCLEAR SITE IN ROANE COUNTY, TENNESSEE
Dear Mr. McIntyre:
Thank you for your comments that you provided to us on May 16, 2018, regarding the U.S.
Nuclear Regulatory Commissions (NRCs) draft environmental impact statement (EIS) for an Early Site Permit (ESP) at the Clinch River Nuclear (CRN) Site in Oak Ridge, Roane County, Tennessee. On October 3, 2018, NRC staff held a teleconference with Ms. Jennifer Barnett of the Tennessee Division of Archaeology, to discuss the results of the NRCs National Historic Preservation Act (NHPA) Section 106 consultation for the ESP. The purpose of this letter is to formally respond to your letter dated May 15, 2018, and to document the results of NRCs NHPA Section 106 consultation for the ESP. The NRC is coordinating its Section 106 consultations for the ESP through the National Environmental Policy Act (NEPA) process per Title 36 of the Code of Federal Regulations 800.8(c). The staff will document the results of its consultation with the Tennessee Historical Commission (THC) in the final environmental impact statement (FEIS) for the purposes of the administrative record.
As discussed during the teleconference, the NRCs undertaking is to issue an ESP which is an approval of a site as suitable for future deployment of two or more small modular reactors (SMRs), and does not authorize construction and operation of a nuclear power plant. The Tennessee Valley Authority (TVA) would need to apply for and receive a separate authorization (such as a combined license) to the NRC in order to construct and operate a nuclear power plant.
Issuance of a combined license would be a separate NRC undertaking requiring NRC to prepare a supplemental EIS and complete a separate NHPA Section 106 review and consultation.
Mr. McIntyre TVAs future undertaking is to construct and operate two or more SMRs, and it has initiated its own NHPA Section 106 review and consultation. In addition to its separate review and consultation under Section 106 of the NHPA, TVA is also obligated to complete a NEPA analysis independent of the one conducted by the NRC. TVA has not initiated a NEPA review at this time.
As part of TVAs NHPA Section 106 compliance responsibilities for its proposed project, TVA conducted five historic and cultural resource investigations between 2011 and 2015. These investigations resulted in an updated and complete inventory of archaeological and architectural resources located within the onsite direct- and indirect-effects areas of potential effect (APE).
Between 2015 and 2016, TVA developed and executed a programmatic agreement (PA) in consultation with the THC and American Indian Tribes (Tribes) to address how TVA would comply with the ongoing NHPA Section 106 requirements associated with its proposed project. The PA outlines how TVA would resolve adverse effects to historic properties located within the APE.
In response to your comment regarding future consultations to resolve adverse effects, it is expected that TVA will have consulted with your office and Tribes to resolve potential adverse effects prior to TVA moving forward with the project and applying for combined license application. TVA has committed to keep the NRC informed of any updates concerning its NHPA Section 106 consultations. Should TVA choose to move forward with a combined license application, the NRC will complete a separate NHPA Section 106 review and consultation at that time. The results of TVAs NHPA Section 106 review and consultations will inform the NRCs future review.
During the teleconference, the NRC also summarized comments received from Tribes on the draft EIS. As discussed, many of the comments provided by Tribes are pertinent to TVAs undertaking and its ongoing NHPA Section 106 consultation considerations. NRC has made TVA aware of these comments and concerns and anticipates that they will be addressed as part of TVAs ongoing NHPA Section 106 consultation. In response to Tribal comments, NRC held teleconferences with each Tribe to discuss their concerns and comments and formally responded to Tribes via letter to document the results of NRCs NHPA Section 106 consultation for the ESP.
The NRC will summarize input received from Tribes and the THC (i.e., e-mails, letters, and teleconferences) in the FEIS to document NRCs completion of the NHPA Section 106 consultation process for the ESP, for the administrative record.
Mr. McIntyre If you have any questions concerning the NRC staffs environmental review of this ESP application, please contact Ms. Tamsen Dozier, NRC Environmental Project Manager for the CRN ESP project, at (301) 415-2272 or by e-mail at Tamsen.Dozier@nrc.gov, or in her absence, please contact Ms. Jennifer Davis at 301-415-3835 or by e-mail at Jennifer.Davis@nrc.gov.
Sincerely,
/RA/
Jennivine Rankin, Acting Chief Licensing Branch 3 Division of Licensing, Siting and Environmental Analysis Office of New Reactors Docket No.: 52-047 cc: Marianne M. Shuler, TVA ( )
Ray Schiele, TVA, ( )
Daniel Stout, TVA ( )
Justin Heskew, Historic Preservation Specialist State Historic Preservation Office 2941 Lebanon Pike Nashville, TN 37214 Jennifer Barnett, Federal Programs Archaeologist Tennessee Division of Archaeology 1216 Foster Ave Cole Building 3 Nashville, TN 37243 Mr. E. Patrick McIntyre, Jr.
Executive Director and State Historic Preservation Officer Tennessee Historical Commission State Historic Preservation Office 2941 Lebanon Pike Nashville, TN 37214 Mr. Daniel P. Stout Senior Manager Tennessee Valley Authority Small Modular Reactors 1101 Market Street, LP 4B Chattanooga, TN 37402
ML18267A315 via e-mail NRO-002 OFFICE PM:DLSE LA:DLSE PM:DLSE NAME AFetter SGreen JDavis DATE 10/24/2018 11/06/2018 10/19/2018 OFFICE BC:DLSE (Acting) OGC DD:DLSE (Acting)
NAME JRankin (signed) OMikula MMcCoppin DATE 11/13/20108 10/30/2018 11/02/2018