[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83977-83978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26435]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 99902052; NRC-2023-0143]


NuScale Power, LLC; Carbon Free Power Project, LLC; Carbon Free 
Power Project

AGENCY: Nuclear Regulatory Commission.

ACTION: Limited work authorization application; withdrawal by 
applicant; cancellation of notice of hearing and opportunity to request 
a hearing.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has granted the 
request of Carbon Free Power Project, LLC (CFPP), and NuScale Power, 
LLC (NuScale), dated November 10, 2023, to withdraw a limited work 
authorization (LWA) application and an associated exemption request 
which had sought to conduct certain early construction activities at 
the CFPP site at the Idaho National Laboratory, near Idaho Falls, 
Idaho.

DATES: The effective date of the withdrawal of the LWA application is 
November 13, 2023.

ADDRESSES: Please refer to Docket ID NRC-2023-0143 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:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2023-0143. Address

[[Page 83978]]

questions about Docket IDs to Stacy Schumann; telephone: 301-415-0624; 
email: [email protected]. For technical questions, contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     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, at 301-415-4737, 
or by email to [email protected]. 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.
     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 
[email protected] 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: Omid Tabatabai, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-6616; email: [email protected].

SUPPLEMENTARY INFORMATION: On July 31, 2023, CFPP and NuScale submitted 
an LWA application and an exemption request, respectively, to obtain 
the NRC's approval to conduct certain early construction activities 
prior to their submittal of an application for and receipt of a 
combined license to construct and operate a 6-module nuclear power 
plant of NuScale's US460 design at the Idaho National Laboratory (ADAMS 
Package Accession No. ML23212A007 and ADAMS Accession No. ML23212A003).
    On September 6, 2023, upon acceptance and docketing of the LWA 
application, the NRC issued a Federal Register notice, ``Notice of 
Acceptance for Docketing; Request for Comment,'' (88 FR 62408; 
September 11, 2023), to request comments from members of the public on 
the LWA application. On October 3, 2023, the NRC issued a further 
Federal Register notice, ``Notice of Hearing; Opportunity to Request a 
Hearing and Petition for Leave to Intervene; Order Imposing 
Procedures,'' (88 FR 68167), which announced, in part, that a hearing 
will be held and providing an opportunity for members of the public to 
request a hearing and petition for leave to intervene on the LWA 
application by December 4, 2023.
    In a letter dated November 10, 2023, CFPP and NuScale, in 
accordance with section 2.107 of title 10 of the Code of Federal 
Regulations, requested termination of NRC's consideration of and the 
withdrawal of the LWA application and exemption request (ADAMS 
Accession No. ML23317A110). Additionally, NuScale requested to withdraw 
topical reports associated with the CFPP combined license application 
that had been submitted to the NRC for review. On November 16, 2023, 
NuScale submitted a follow-up letter requesting that the NRC staff 
suspend its review of an associated white paper and that the NRC staff 
provide the readiness assessment closure letter with a summary of the 
NRC staff's observations and feedback (ADAMS Accession No. 
ML23320A094).
    On November 17, 2023, the NRC staff informed NuScale and CFPP that 
the NRC staff has terminated its review of the LWA application and 
other referenced submittals associated with CFPP's combined license 
application (ADAMS Accession No. ML23319A056). In view of the CFPP's 
termination, the NRC has granted the applicant's request to withdraw 
its LWA application, exemption request, topical reports, and white 
paper referenced in the NuScale and CFPP's November 10 and 16 letters, 
and has terminated its review of those submittals. Accordingly, the NRC 
is canceling the Federal Register notice of hearing and opportunity to 
request a hearing and petition for leave to intervene, published at 88 
FR 68167, due to the withdrawal of the LWA application. No adjudicatory 
proceedings will be held by the NRC with respect to the withdrawn LWA 
application.

    Dated: November 28, 2023.

    For the Nuclear Regulatory Commission.
Omid Tabatabai-Yazdi,
Senior Project Manager, New Reactor Licensing Branch, Division of New 
and Renewed Licenses, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-26435 Filed 11-30-23; 8:45 am]
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