[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Pages 9394-9396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03537]


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NUCLEAR REGULATORY COMMISSION

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


Notice of Intent To Conduct Scoping Process and Prepare 
Environmental Impact Statement; Kairos Energy, LLC, Kairos Test Reactor

AGENCY: Nuclear Regulatory Commission.

ACTION: Intent to conduct scoping process and prepare environmental 
impact statement; public scoping meeting and request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) will conduct a 
scoping process to gather information necessary to prepare an 
environmental impact statement (EIS) to evaluate the environmental 
impacts for a construction permit (CP) requested by Kairos Power, LLC. 
The NRC is seeking public comment on this action and has scheduled a 
joint public outreach and public scoping meeting.

DATES: The NRC will hold a joint public outreach and public scoping 
meeting on March 23, 2022. Meeting details will be available by March 
11, 2022 at https://www.nrc.gov/reactors/non-power/kairos-hermes.html 
or at the NRC's Public Meeting Schedule website at https://www.nrc.gov/pmns/mtg. Members of the public are invited to submit comments on the 
scope of the EIS by April 19, 2022. Comments received after this date 
will be considered if it is practical to do so, but the NRC is able to 
ensure consideration only for comments received on or before this date.

ADDRESSES: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website:
    <bullet> Email: Comments may be submitted to the NRC electronically 
using the email address <a href="/cdn-cgi/l/email-protection#aae1cbc3d8c5d9e2cfd8c7cfd987e9faefe3f9eac4d8c984cdc5dc"><span class="__cf_email__" data-cfemail="367d575f4459457e53445b53451b7566737f657658445518515940">[email protected]</span></a>.
    <bullet> Federal Rulemaking Website: Go to https://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#1043647173693e437378657d717e7e507e62733e777f66"><span class="__cf_email__" data-cfemail="d685a2b7b5aff885b5bea3bbb7b8b896b8a4b5f8b1b9a0">[email protected]</span></a>. For technical questions, contact the 
individual listed in the For Further Information Contact section of 
this document.
    <bullet> Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Tamsen Dozier, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-2272, email: 
<a href="/cdn-cgi/l/email-protection#3662575b4553581872594c5f53447658445518515940"><span class="__cf_email__" data-cfemail="d286b3bfa1b7bcfc96bda8bbb7a092bca0b1fcb5bda4">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    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://regulations.gov 
and search for Docket ID NRC-2021-0193.
    <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#f1a1b5a3df8394829e84839294b19f8392df969e87"><span class="__cf_email__" data-cfemail="e1b1a5b3cf9384928e94938284a18f9382cf868e97">[email protected]</span></a>. The ADAMS accession number for each 
document referenced in this document (if it is available in ADAMS) is 
provided the first time that it is referenced.
    <bullet> NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville,

[[Page 9395]]

Maryland 20852. To make an appointment to visit the PDR, please send an 
email to <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="8bdbcfd9a5d9eef8e4fef9e8eecbe5f9e8a5ece4fd">[email protected]</a> or call 1-800-397-4209 or 301-415-4737, 
between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except 
Federal holidays
    <bullet> Public Library: A copy of the CP application, including 
the environmental report (ER), is available for public review at the 
Oak Ridge Public Library, 1401 Oak Ridge Turnpike, Oak Ridge, 
Tennessee.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2021-0193 in the subject line of your comment 
submission in order to ensure that the NRC is able to make your comment 
submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Discussion

    By letter dated September 29, 2021 (ADAMS Package Accession No. 
ML21272A375), Kairos Power, LLC (Kairos) submitted to the NRC pursuant 
to Section 104 of the Atomic Energy Act and part 50 of title 10 of the 
Code of Federal Regulations (10 CFR), ``Domestic Licensing of 
Production and Utilization Facilities,'' an application for a CP for 
the Hermes test reactor (aka a ``testing facility'' as defined in 10 
CFR 50.2), which would be located in Oak Ridge, Tennessee. The Hermes 
test reactor is a high-temperature thermal reactor using solid tri-
structural isotropic fuel in pebble form and a molten fluoride salt 
coolant. This submission initiated the NRC's proposed action of 
determining whether to grant the CP. A notice of receipt and 
availability of the portion of the application submitted on September 
29, 2021 was published in the Federal Register on October 29, 2021 (86 
FR 60077).
    On October 31, 2021, Kairos filed the second part of its 
application (ADAMS Package Accession No. ML21306A131) for a CP, which 
consisted of the ER required by 10 CFR 50.30(f) and Subpart A of part 
51. Submission of the ER completed the application for a CP.
    The NRC staff determined that Kairos submitted a two-part 
application in accordance with 10 CFR 2.101(a)(5) and 10 CFR part 50, 
and that the application is acceptable for docketing under Docket No. 
50-7513. The NRC sent a letter of acceptance and docketing to Kairos on 
November 29, 2021 (ADAMS Accession No. ML21319A354). A notice of 
acceptance for docketing of the application was published in the 
Federal Register on December 1, 2021 (86 FR 68290) and a notice of 
opportunity for hearing was published on February 9, 2022 (87 FR 7503). 
These notices are available on the Federal rulemaking website (https://www.regulations.gov) by searching for Docket ID NRC-2021-0193 and NRC-
2022-0033.

III. Request for Comment

    This notice informs the public of the NRC's intent to conduct 
environmental scoping and prepare an EIS related to the CP application 
for Kairos Hermes test reactor. This notice also to provides the public 
an opportunity to participate in the environmental scoping process, in 
accordance with 10 CFR 51.29 and 10 CFR 51.116.
    The regulations in 36 CFR 800.8, ``Coordination with the National 
Environmental Policy Act,'' allow agencies to use their National 
Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) (NEPA) 
process to fulfill the requirements of Section 106 of the National 
Historic Preservation Act of 1966 (54 U.S.C. 300101, et seq.) (NHPA). 
Therefore, pursuant to 36 CFR 800.8(c), the NRC intends to use its 
process and documentation required for the preparation of the EIS on 
the proposed action to comply with Section 106 of the NHPA in lieu of 
the procedures set forth at 36 CFR 800.3 through 800.6.
    In accordance with 10 CFR 51.50(a), Kairos submitted an ER as part 
of the CP application. The ER was prepared pursuant to 10 CFR part 51 
and is publicly available at ADAMS Package Accession No. ML21306A131. 
The ER will also be available for viewing at https://www.nrc.gov/reactors/non-power/kairos-hermes.html. In addition, the ER is available 
for public review at the Oak Ridge Public Library, 1401 Oak Ridge 
Turnpike, Oak Ridge, Tennessee.
    The NRC intends to gather the information necessary to prepare an 
EIS related to the CP application for the Kairos Hermes test reactor. 
The NRC is required by 10 CFR 51.20(b) to prepare an EIS in connection 
with the issuance of a CP for a test reactor. This notice is being 
published in accordance with NEPA and the NRC's regulations at 10 CFR 
part 51.
    The EIS will evaluate the environmental impacts of construction, 
operation and decommissioning of the Kairos Hermes test reactor, and 
reasonable alternatives thereto. Possible alternatives to the proposed 
action include the no action alternative and alternative sites.
    As part of its environmental review, the NRC will first conduct a 
scoping process and, as soon as practicable thereafter, will prepare a 
draft EIS for public comment. Participation in this scoping process by 
members of the public and local, State, Tribal, and Federal government 
agencies is encouraged. The scoping process for the draft EIS will be 
used to accomplish the following:
    a. Define the proposed action that is to be the subject of the EIS;
    b. Determine the scope of the EIS and identify the significant 
issues to be analyzed in depth;
    c. Identify and eliminate from detailed study those issues that are 
peripheral or are not significant or that have been covered by prior 
environmental review;
    d. Identify any environmental assessments and other ElSs that are 
being or will be prepared that are related to, but are not part of, the 
scope of the EIS under consideration;
    e. Identify other environmental review and consultation 
requirements related to the proposed action;
    f. Indicate the relationship between the timing of the preparation 
of the environmental analyses and the NRC's tentative planning and 
decision-making schedule;
    g. Identify any cooperating agencies and, as appropriate, allocate 
assignments for preparation and schedules for completing the EIS to the 
NRC and any cooperating agencies; and
    h. Describe how the EIS will be prepared, including any contractor 
assistance to be used.
    The NRC invites the following entities to participate in scoping:
    a. The applicant, Kairos Power, LLC.;
    b. Any Federal agency that has jurisdiction by law or special 
expertise

[[Page 9396]]

with respect to any environmental impact involved or that is authorized 
to develop and enforce relevant environmental standards;
    c. Affected State and local government agencies, including those 
authorized to develop and enforce relevant environmental standards;
    d. Any affected Indian Tribe;
    e. Any person who requests or has requested an opportunity to 
participate in the scoping process; and
    f. Any person who has petitioned or intends to petition for leave 
to intervene under 10 CFR 2.309.

IV. Public Scoping Meeting

    In accordance with 10 CFR 51.26(b), the scoping process for an EIS 
may include a public scoping meeting, which may help identify 
significant issues related to the proposed action and to determine the 
scope of issues to be addressed in the EIS.
    The NRC is planning to conduct a public outreach and scoping 
meeting for the Kairos Hermes EIS. The meeting is currently expected to 
be held on March 23, 2022. Meeting details will be available by March 
11, 2022 at https://www.nrc.gov/reactors/non-power/kairos-hermes.html 
or at the NRC's Public Meeting Schedule website at https://www.nrc.gov/pmns/mtg. A court reporter will transcribe all comments received during 
the public meeting. To be considered, comments must be provided either 
at the transcribed public meeting or in writing, as discussed in the 
Addresses section of this document. Please contact Ms. Tamsen Dozier no 
later than March 14, 2022, if accommodations or special equipment is 
needed to participate or to provide comments, so that the NRC staff can 
determine whether the request can be accommodated.
    The public outreach and scoping meeting will include: (1) An 
overview by the NRC staff of the safety and environmental review 
processes, the proposed scope of the EIS, and the proposed review 
schedule; and (2) the opportunity for interested government agencies, 
organizations, and individuals to submit comments or suggestions on 
environmental issues or the proposed scope of the Kairos Hermes EIS.
    Participation in the scoping process for the Kairos Hermes EIS does 
not entitle participants to become parties to the proceeding to which 
the EIS relates. Matters related to participation in any hearing are 
outside the scope of matters to be discussed at this public meeting.

    Dated: February 15, 2022.

    For the Nuclear Regulatory Commission.
Kenneth T. Erwin,
Chief, Environmental Review New Reactor Branch, Division of Rulemaking, 
Environment, and Financial Support, Office of Nuclear Material Safety 
and Safeguards.
[FR Doc. 2022-03537 Filed 2-17-22; 8:45 am]
BILLING CODE 7590-01-P


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