[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Notices]
[Pages 60724-60725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19006]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-7513; NRC-2021-0193]


Kairos Power LLC; Notice of Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Construction permit application; notice of hearing.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
will convene an evidentiary session to receive testimony and exhibits 
in the uncontested proceeding regarding the application from Kairos 
Power LLC (Kairos) for a construction permit (CP) to construct a non-
power test reactor termed Hermes in Oak Ridge, Tennessee. This 
mandatory hearing will consider safety and environmental matters 
relating to the requested CP.

DATES: The hearing will be held on October 19, 2023, beginning at 9:00 
a.m. Eastern Time (ET). For the schedule for submitting pre-filed 
documents and deadlines affecting Interested Government Participants, 
see Section VI of the SUPPLEMENTARY INFORMATION section of this 
document.

ADDRESSES: Please refer to Docket ID NRC-2021-0193 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly available information related to this document 
using any of the following methods:
    <bullet> Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0193. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: <a href="/cdn-cgi/l/email-protection#0f5c7b6e6c76215c6c677a626e61614f617d6c21686079"><span class="__cf_email__" data-cfemail="82d1f6e3e1fbacd1e1eaf7efe3ececc2ecf0e1ace5edf4">[email protected]</span></a>. For technical 
questions, contact the individuals listed in the ``For Further 
Information Contact'' section of this document.
    <bullet> NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to <a href="/cdn-cgi/l/email-protection#8edecadca0dcebfde1fbfcedebcee0fceda0e9e1f8"><span class="__cf_email__" data-cfemail="b0e0f4e29ee2d5c3dfc5c2d3d5f0dec2d39ed7dfc6">[email protected]</span></a>. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document.
    <bullet> NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
<a href="/cdn-cgi/l/email-protection#ffafbbadd1ad9a8c908a8d9c9abf918d9cd1989089"><span class="__cf_email__" data-cfemail="80d0c4d2aed2e5f3eff5f2e3e5c0eef2e3aee7eff6">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. ET, Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Wesley W. Held, Office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-287-3591; email: <a href="/cdn-cgi/l/email-protection#3562504659504c1b7d505951755b47561b525a43"><span class="__cf_email__" data-cfemail="3a6d5f49565f4314725f565e7a544859145d554c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Commission hereby gives notice that, pursuant to Section 189a 
of the Atomic Energy Act (AEA) of 1954, as amended (the Act), it will 
convene an evidentiary session to receive testimony and exhibits in the 
proceeding regarding the Kairos application for a CP under part 50 of 
title 10 of the Code of Federal Regulations (10 CFR), to construct a 
non-power test reactor termed Hermes in Oak Ridge, Tennessee.
    Kairos's application was submitted in two parts by letters dated 
September 29, 2021, (Agencywide Documents Access and Management System 
(ADAMS) Accession No. ML21272A375) and October 31, 2021, (ML21306A131).
    The NRC staff's Environmental Impact Statement and Safety 
Evaluation Report may be viewed at ADAMS Accession Nos. ML23214A269 and 
ML23158A268, respectively. This mandatory hearing will concern safety 
and environmental matters relating to the requested construction permit 
application, as more fully described below.

II. Evidentiary Uncontested Hearing

    The Commission will conduct this hearing beginning at 9:00 a.m. ET 
on October 19, 2023, at the Commission's headquarters in Rockville, 
Maryland. The hearing will continue on subsequent days, if necessary.

III. Presiding Officer

    The Commission is the presiding officer for this proceeding.

IV. Matters To Be Considered

    The matter at issue in this proceeding is whether the review of the 
Kairos CP application by the Commission's staff has been adequate to 
support the findings found in 10 CFR 50.35, 50.40, 50.50, and 10 CFR 
51.105. Those findings are as follows:

Issues Pursuant to the Atomic Energy Act of 1954, as Amended

    With respect to the CP: (1) whether the applicant has described the 
proposed design of the facility, including, but not limited to, the 
principal architectural and engineering criteria for the design, and 
has identified the major features or components incorporated therein 
for the protection of the health and safety of the public; (2) whether 
such further technical or design information as may be required to 
complete the safety analysis, and which can reasonably be left for 
later consideration, will be supplied in the final safety analysis 
report; (3) whether safety features or components, if any, which 
require research and development have been described by the applicant 
and the applicant has identified, and there will be conducted, a 
research and development program reasonably designed to resolve any 
safety questions associated with such features or components; (4) 
whether on the basis of the foregoing, there is reasonable assurance 
that--(i) such safety questions

[[Page 60725]]

will be satisfactorily resolved at or before the latest date stated in 
the application for completion of construction of the proposed 
facility, and (ii) taking into consideration the site criteria 
contained in 10 CFR part 100, the proposed facility can be constructed 
and operated at the proposed location without undue risk to the health 
and safety of the public; (5) whether there is reasonable assurance (i) 
that the construction of the facility will not endanger the health and 
safety of the public, and (ii) that construction activities can be 
conducted in compliance with the Commission's regulations; (6) whether 
the applicant is technically and financially qualified to engage in the 
proposed activities in accordance with the Commission's regulations in 
chapter I of title 10 of the CFR; (7) whether the issuance of a permit 
for the construction of the facility to the applicant will not, in the 
opinion of the Commission, be inimical to the common defense and 
security or to the health and safety of the public; and (8) whether the 
application meets the standards and requirements of the AEA and the 
Commission's regulations, and that notifications, if any, to other 
agencies or bodies have been duly made.

Issues Pursuant to the National Environmental Policy Act (NEPA) of 1969

    With respect to the CP: (1) determine whether the requirements of 
Sections 102(2)(A), (C), and (E) of NEPA and the applicable regulations 
in 10 CFR part 51 have been met; (2) independently consider the final 
balance among conflicting factors contained in the record of the 
proceeding with a view to determining the appropriate action to be 
taken; (3) determine, after weighing the environmental, economic, 
technical, and other benefits against environmental and other costs, 
and considering reasonable alternatives, whether the construction 
permit should be issued, denied, or appropriately conditioned to 
protect environmental values; and (4) determine whether the NEPA review 
conducted by the NRC staff has been adequate.

V. Schedule for Submittal of Pre-Filed Documents

    No later than September 28, 2023, unless the Commission directs 
otherwise, the NRC staff and the applicant shall submit a list of its 
anticipated witnesses for the hearing.
    No later than September 28, 2023, unless the Commission directs 
otherwise, the applicant shall submit its pre-filed written testimony. 
The NRC staff submitted its pre-filed testimony on August 23, 2023.
    The Commission may issue written questions to the applicant or the 
NRC staff before the hearing. If such questions are issued, an order 
containing such questions will be issued no later than September 15, 
2023. Responses to such questions are due September 28, 2023, unless 
the Commission directs otherwise.

VI. Interested Government Participants

    No later than September 13, 2023, any interested State, local 
government body, or Federally recognized Indian Tribe may file with the 
Commission a statement of any issues or questions that the State, local 
government body, or Indian Tribe wishes the Commission to give 
particular attention as part of the uncontested hearing process. Such 
statement may be accompanied by any supporting documentation that the 
State, local government body, or Indian Tribe sees fit to provide. Any 
statements and supporting documentation (if any) received by the 
Commission using the agency's E-filing system \1\ by the deadline 
indicated above will be made part of the record of the proceeding. The 
Commission will use such statements and documents as appropriate to 
inform its pre-hearing questions to the NRC staff and applicant, its 
inquiries at the oral hearing, and its decision following the hearing. 
The Commission may also request, no later than September 15, 2023, that 
one or more particular States, local government bodies, or Indian 
Tribes send one representative each to the evidentiary hearing to 
answer Commission questions and/or make a statement for the purpose of 
assisting the Commission's exploration of one or more of the issues 
raised by the State, local government body, or Indian Tribe, in the 
pre-hearing filings described above. The decision whether to request 
the presence of a representative of a State, local government body, or 
Indian Tribe at the evidentiary hearing to make a statement and/or 
answer Commission questions is solely at the Commission's discretion. 
The Commission's request will specify the issue or issues that each 
representative should be prepared to address.
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    \1\ The process for accessing and using the agency's E-filing 
system is described in the February 9, 2022, notice of hearing (87 
FR 7503) that was issued by the Commission for this proceeding. 
Participants who are unable to use the electronic information 
exchange (EIE), or who will have difficulty complying with EIE 
requirements in the time frame provided for submission of written 
statements, may provide their statements by electronic mail to 
<a href="/cdn-cgi/l/email-protection#5038353122393e37343f333b3524103e22337e373f26"><span class="__cf_email__" data-cfemail="87efe2e6f5eee9e0e3e8e4ece2f3c7e9f5e4a9e0e8f1">[email protected]</span></a>.
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    Many of the procedures and rights applicable to the inherently 
adversarial nature of NRC's contested hearing process are not available 
in this uncontested hearing. Participation in the NRC's contested 
hearing process is governed by 10 CFR 2.309 (for persons or entities, 
including a State, local government, or Indian Tribe seeking to file 
contentions of their own) and 10 CFR 2.315(c) (for an interested State, 
local government, or Federally-recognized Indian Tribe seeking to 
participate with respect to contentions filed by others). Participation 
in this uncontested hearing does not affect the right of a State, a 
local government, or an Indian Tribe to participate in a separate 
contested hearing process.

    Dated at Rockville, Maryland, this 29th day of August, 2023.

    For the Nuclear Regulatory Commission.
Brooke P. Clark,
Secretary of the Commission.
[FR Doc. 2023-19006 Filed 9-1-23; 8:45 am]
BILLING CODE 7590-01-P


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