<NOTICE>
NUCLEAR REGULATORY COMMISSION
<DEPDOC>[Docket No. 50-613; NRC-2024-0078]</DEPDOC>
<SUBJECT>US SFR Owner, LLC.; Kemmerer Power Station, Unit 1; Construction Permit Application</SUBJECT>
<HD SOURCE="HED">AGENCY:</HD>
Nuclear Regulatory Commission.
<HD SOURCE="HED">ACTION:</HD>
Acceptance for docketing, opportunity to request a hearing and petition for leave to intervene; order imposing procedures.
<SUM>
<HD SOURCE="HED">SUMMARY:</HD>
The U.S. Nuclear Regulatory Commission (NRC) has accepted for review and docketed an application from US SFR Owner, LLC (USO) for a construction permit for the Kemmerer Power Station, Unit 1 reactor to be built in Lincoln County, Wyoming. In addition, the NRC is providing notice that an uncontested hearing will be held on the USO construction permit application at a time and place to be set in the future by the presiding officer for the uncontested hearing. This notice also provides the public an opportunity to request a hearing and petition for leave to intervene (
<E T="03">i.e.,</E>
contested hearing) with respect to that application. The NRC staff is currently conducting a detailed technical review of the construction permit application. If the NRC issues a construction permit, the applicant, USO, would be authorized to construct its proposed reactor in accordance with the provisions of the construction permit. Because the application contains Sensitive Unclassified Non-Safeguards Information (SUNSI), this notice includes an order that imposes procedures to obtain access to SUNSI for contention preparation.
</SUM>
<DATES>
<HD SOURCE="HED">DATES:</HD>
The application was docketed on May 21, 2024. A request for a hearing or petition for leave to intervene must be filed by August 5, 2024. Any potential party as defined in section 2.4 of title 10 of the
<E T="03">Code of Federal Regulations</E>
(10 CFR) who believes access to SUNSI is necessary to respond to this notice must request document access by June 14, 2024.
</DATES>
<HD SOURCE="HED">ADDRESSES:</HD>
Please refer to Docket ID NRC-2024-0078 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods:
•
<E T="03">Federal Rulemaking Website:</E>
Go to
<E T="03">https://www.regulations.gov</E>
and search for Docket ID NRC-2024-0078. Address questions about Docket IDs in
<E T="03">Regulations.gov</E>
to Stacy Schumann; telephone: 301-415-0624; email:
<E T="03">Stacy.Schumann@nrc.gov.</E>
For technical questions, contact the individual listed in the
<E T="02">For Further Information Contact</E>
section of this document.
•
<E T="03">NRC's Agencywide Documents Access and Management System (ADAMS):</E>
You may obtain publicly available documents online in the ADAMS Public Documents collection at
<E T="03">https://www.nrc.gov/reading-rm/adams.html.</E>
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, at 301-415-4737, or by email to
<E T="03">PDR.Resource@nrc.gov.</E>
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.
•
<E T="03">NRC's PDR:</E>
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
<E T="03">PDR.Resource@nrc.gov</E>
or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.
•
<E T="03">NRC's Public Website:</E>
The construction permit application is available under the NRC's Kemmerer Power Station, Unit 1, Construction Permit Application public website at
<E T="03">https://www.nrc.gov/reactors/new-reactors/advanced/who-were-working-with/applicant-projects/terrapower.html.</E>
<FURINF>
<HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD>
Mallecia Sutton, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-0673, email:
<E T="03">Mallecia.Sutton@nrc.gov.</E>
</FURINF>
<SUPLINF>
<HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD>
<HD SOURCE="HD1">I. Discussion</HD>
By letter dated March 28, 2024 (ADAMS Package Accession No. ML24088A059), TerraPower, LLC (TerraPower), on behalf of US SFR Owner, LLC (USO), a wholly owned subsidiary of TerraPower, submitted, pursuant to 10 CFR part 50, “Domestic Licensing of Production and Utilization Facilities,” a construction permit application that proposes to construct a non-light water reactor (a “non-light water reactor” as defined in 10 CFR 50.2). A notice of receipt and availability of USO's application was published in the
<E T="04">Federal Register</E>
on May 14, 2024 (89 FR 42004). Along with other documents, the ADAMS package includes the transmittal letter (ADAMS Accession No. ML24088A060), the preliminary safety analysis report (ADAMS Accession No. ML24088A065), and the environmental report (ADAMS Accession No. ML24088A072). The application was supplemented on May 2, 2024 (ADAMS Accession Nos. ML24123A242 and ML24123A243) and May 9, 2024 (ADAMS Accession No. ML24130A181).
The NRC is considering issuance of a construction permit to USO that would authorize construction of the proposed reactor, identified as Kemmerer Power Station Unit 1, to be located in Lincoln County, Wyoming. The reactor would be a metal fueled, pool-type Sodium Fast Reactor (SFR).
The USO construction permit application consists of the following information:
• The general information required by 10 CFR 50.33;
• The Preliminary Safety Analysis Report required by 10 CFR 50.34(a);
• The Environmental Report required by 10 CFR 51.50; and
• Exemption requests to support issuance of a construction permit.
The NRC staff determined that the USO application is complete and acceptable for docketing in accordance with 10 CFR 2.101(a) and 10 CFR part 50 and assigned the Docket Number 50-613. The NRC staff provided USO notice of the acceptance and docketing determination by letter dated May 21, 2024 (ADAMS Accession No. ML24135A109).
The NRC staff will perform a detailed technical review of the construction permit application and document its safety findings in a safety evaluation report. Also, in accordance with 10 CFR part 51, “Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,” the NRC staff will complete an environmental review for the proposed action.
Docketing of the application does not preclude the NRC staff from requesting additional information from the applicant as the review proceeds, nor does it predict whether the Commission will grant or deny the application. The construction permit application will be referred to the Advisory Committee on Reactor Safeguards for review and report consistent with 10 CFR 50.58, “Hearings and report of the Advisory Committee on Reactor Safeguards.” If the Commission finds that the construction permit application meets the applicable standards of the Atomic Energy Act of 1954, as amended and the Commission's regulations, and that any required notifications to other agencies and bodies have been made, the Commission will issue a construction
permit, in the form and containing conditions and limitations that the Commission finds appropriate and necessary.
<HD SOURCE="HD1">II. Hearing</HD>
Pursuant to the Atomic Energy Act of 1954, as amended, 10 CFR part 2, “Agency Rules of Practice and Procedure,” and 10 CFR part 50, notice is hereby given that an uncontested (
<E T="03">i.e.,</E>
mandatory) hearing will be held, at a time and place to be set in the future by the presiding officer for the uncontested hearing.
<HD SOURCE="HD1">III. Opportunity To Request a Hearing and Petition for Leave To Intervene</HD>
Within 60 days after the date of publication of this notice, any person (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions shall be filed in accordance with the Commission's “Agency Rules of Practice and Procedure” in 10 CFR part 2. Interested persons should consult 10 CFR 2.309. If a petition is filed, the presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be issued.
Petitions must be filed no later than 60 days from the date of publication of this notice in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document. Petitions and motions for leave to file new or amended contentions that are filed after the 60-day deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii).
A State, local governmental body, Federally recognized Indian Tribe, or designated agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h) no later than 60 days from the date of publication of this notice. Alternatively, a State, local governmental body, Federally recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).
For information about filing a petition and about participation by a person not a party under 10 CFR 2.315, see ADAMS Accession No. ML20340A053 (
<E T="03">https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053</E>
) and on the NRC's public website at
<E T="03">https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.</E>
<HD SOURCE="HD1">IV. Electronic Submissions (E-Filing)</HD>
All documents filed i
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