SUPPLEMENTARY INFORMATION:

I. Introduction

By application dated November 30, 2023, (ADAMS Accession No. ML23335A100), TVA submitted a request for an exemption from section 50.10 of title 10 of the Code of Federal Regulations (10 CFR) “License required; limited work authorization.” By letter dated January 31, 2024 (ADAMS Accession No. ML24009A168), the NRC staff informed TVA of its determination that the TVA exemption request was acceptable for docketing under Docket No. 99902056.

The NRC has prepared an EA (ADAMS Accession No. ML24312A321) as part of its review of the exemption request in accordance with the requirements of 10 CFR 51.21, “Criteria for and identification of licensing and regulatory actions requiring environmental assessments.” Based on the results of the EA, the NRC has determined not to prepare an environmental impact statement (EIS) and is issuing a FONSI pursuant to 10 CFR 51.31.

In accordance with 36 CFR 800.8(c), the NRC used the National Environmental Policy Act of 1969, as amended (NEPA) process to comply with section 106 of the National Historic Preservation Act of 1966, as amended (NHPA), in lieu of the procedures set forth in 36 CFR 800.3 through 800.6. ( printed page 90320)

II. Discussion

The proposed action is for the NRC to issue an exemption authorizing the early excavation activities prior to the submittal of the construction permit (CP) application. The NRC issuance of the exemption would allow TVA to install and leave in place components of the initial ground support system for the reactor building (RB) excavation, such as rock bolts to secure unstable rock blocks, wire mesh and non-structural sprayed concrete linings to stabilize exposed rock walls, horizontal gravity drains to manage groundwater, and pressurized grout to seal water entry. The initial ground support system could also include steel soldier beams with timber lagging, rock bolts to secure soldier beams, and reinforced concrete compression rings to support the soldier beams. The exemption is needed due to the timing of initial ground support system installation, which serves no function with respect to structural RB support or radiological health or safety but is needed for construction worker safety during RB excavation. If excavation for the RB is delayed until after the issuance of the CP, the construction schedule and commercial operation could undergo a delay of 12-24 months. TVA anticipates that the cost of any delay of the commercial operation of Clinch River Nuclear Unit 1 would be substantial.

In the EA, the NRC staff assessed the potential direct and indirect environmental impacts from the proposed action associated with the following relevant resource areas: land use and visual resources, air quality and noise, hydrogeology and water resources, ecological resources, historic and cultural resources, socioeconomics and environmental justice, human health, and nonradiological waste management. The NRC staff determined that the environmental impacts of the proposed action would be SMALL for each potentially affected environmental resource, meaning that the environmental effects are not detectable or are so minor that they will neither destabilize nor noticeably alter any important attribute of the resource.

The NRC staff identified alternatives to the proposed action and the environmental impacts of the alternatives, as appropriate. The NRC staff determined that there are no alternatives that meet the need for the proposed action and that are environmentally preferrable to the proposed action.

III. Finding of No Significant Impact

The proposed action before the NRC is whether to issue the exemption request authorizing early excavation at the CRN Site. As required by 10 CFR 51.21, the NRC prepared the EA. This FONSI incorporates by reference the EA summarized in Section II of this notice. Based on the NRC staff's determination in the EA that the environmental impacts would be SMALL for each potentially affected resource area, the NRC staff has determined that the proposed action will not have a significant impact on the quality of the human environment. Accordingly, the NRC staff has made a determination that the preparation of an EIS is not required for the proposed action and that a FONSI is warranted.

89 FR 90319