[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27532-27534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09226]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-608; NRC-2023-0029]
SHINE Technologies, LLC; SHINE Medical Isotope Production
Facility
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment and finding of no significant impact;
issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
environmental assessment (EA) and finding of no significant impact
(FONSI) regarding the NRC's consideration of issuance of a proposed
amendment to the SHINE Technologies, LLC (SHINE, the licensee)
Construction Permit No. CPMIF-001, issued on February 29, 2016, as
amended. The permit authorizes the construction of the SHINE Medical
Isotope Production Facility (SHINE facility) in Rock County, Wisconsin.
If approved, the proposed amendment would authorize the receipt and
possession of contained special nuclear material (SNM) necessary for
the continued construction of the SHINE facility.
DATES: The EA and FONSI referenced in this document are available on
May 2, 2023.
ADDRESSES: Please refer to Docket ID NRC-2023-0029 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 https://www.regulations.gov and search for Docket ID NRC-2023-0029. Address
questions about Docket IDs in Regulations.gov 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, 301-415-4737, or
by email to [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
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, Maryland 20852. 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. eastern time (ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Michael Balazik, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-2856; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering issuance of an amendment to Construction
Permit No. CPMIF-001, issued to SHINE for the construction of the SHINE
facility in Rock County, Wisconsin. SHINE requested the amendment by
letter dated October 6, 2022, as supplemented by letter dated February
17, 2023, in accordance with section 50.90 of title 10 of the Code of
Federal Regulations (10 CFR), ``Application for amendment of license,
construction permit, or early site permit.'' The amendment would
authorize the receipt and possession of SNM (i.e., uranium-235)
contained in the form of neutron detectors (i.e., fission chambers)
necessary for the continued construction of the SHINE facility.
In accordance with 10 CFR 51.21, ``Criteria for and identification
of licensing and regulatory actions requiring environmental
assessments,'' the NRC prepared an EA, pursuant to 10 CFR 51.30,
``Environmental assessment,'' that analyzes the environmental impacts
of the proposed amendment and alternatives as appropriate. Based on the
results of this EA, which is set forth in section II in this document,
and in accordance with 10 CFR 51.31, ``Determinations based on
environmental assessment,'' paragraph (a), the NRC has determined not
to prepare an environmental impact statement for the proposed amendment
and is issuing a FONSI, which is set forth in section III in this
document.
II. Environmental Assessment
Description of the Proposed Action
The proposed action would amend Construction Permit No. CPMIF-001
to authorize SHINE to receive and possess the SNM contained in the form
of neutron detectors, which is necessary for the continued construction
of the SHINE facility in Rock County, Wisconsin. The proposed action is
requested in the licensee's application dated October 6, 2022, as
supplemented by letter dated February 17, 2023.
Need for the Proposed Action
The SNM described in the licensee's application is contained in the
form of neutron detectors, which are required for the continued
construction of the SHINE facility and would be installed within the
facility's neutron flux detection system (NFDS). The licensee's request
to receive and possess this SNM is in accordance with applicable
provisions in 10 CFR part 70, ``Domestic Licensing of Special Nuclear
Material.'' The SNM consisting of uranium-235 is contained in neutron
detectors, as described in section 7.8, ``Neutron Flux Detection
System,'' of the SHINE final safety analysis report, for installation
within the NFDS. The NFDS monitors variables important to the safety
functions of an irradiation unit that provide input to the facility's
target solution vessel reactivity protection system to perform its
safety functions.
The NRC regulations in 10 CFR part 70 contain requirements for the
receipt, possession, use, and transfer of SNM.
Environmental Impacts of the Proposed Action
The NRC has completed its environmental review of the proposed
action and concludes that there are no significant environmental
impacts associated with the proposed action.
As an initial matter, the proposed action would amend the SHINE
construction permit to authorize the receipt and possession of SNM
necessary for continued construction of the SHINE facility in
accordance with applicable provisions in 10 CFR part 70, which ensure
the safety of such receipt and possession. Thus, before the NRC could
approve the proposed action, it would have to conclude that the
applicable provisions in 10 CFR part 70 are satisfied.
Additionally, the NRC previously evaluated the environmental
impacts associated with constructing, operating, and decommissioning
the SHINE facility in NUREG-2183, ``Environmental Impact Statement for
the Construction Permit for the SHINE
[[Page 27533]]
Medical Radioisotope Production Facility'' (FEIS), dated October 2015,
and in NUREG-2183, Supplement 1, ``Environmental Impact Statement
Supplement Related to the Operating License for the SHINE Medical
Isotope Production Facility'' (FSEIS), dated January 2023. The FSEIS
updates the FEIS and only covers matters that differ from those or that
reflect significant new information relative to that discussed in the
FEIS. In the FSEIS, the NRC staff concluded that the impacts of SHINE
facility construction, operation, and decommissioning are either less
than or bounded by the analysis of impacts presented in the FEIS.
The licensee is also required to comply with occupational dose
limits in 10 CFR part 20, ``Standards for Protection Against
Radiation,'' subpart C, ``Occupational Dose Limits,'' and radiation
dose limits for individual members of the public in 10 CFR part 20,
subpart D, ``Radiation Dose Limits for Individual members of the
Public,'' at all times.
As provided in the application, the proposed amendment authorizing
the receipt and possession of contained SNM would not change the types
or amounts of radioactive materials in effluents, wastes, and products
of the SHINE facility, nor would it increase the probability of
accidents. The requested materials would be received and securely
stored in an access-controlled area prior to installation into the
NFDS. SHINE would inspect, inventory, and place the requested materials
into secure storage in accordance with the requirements of 10 CFR
20.1902, ``Posting requirements.'' Shielding would be used as
appropriate to minimize radiation exposure of personnel while the
requested materials are in storage in accordance with 10 CFR 20.1201,
``Occupational dose limits for adults.'' The requested materials would
be in solid form contained within enclosed components that do not
present contamination or accidental release hazards. Finally, the
application provided that the receipt and possession of the requested
materials would not result in the generation of radiological waste.
Additionally, the application provided that there would be no new
or substantially different radiological hazards resulting from the
receipt and possession of the contained SNM as compared to the
construction-related radiological hazards discussed in section 4.8.1.1,
``Radiological,'' of the FEIS. In the FEIS, the NRC staff determined
that SHINE has adequate controls in place to ensure that the dose to
workers and the public from radioactive materials is within the dose
limits of 10 CFR part 20, including a radiation protection program. In
the FSEIS, the NRC staff identified no differing or significant new
information related to radiological impacts beyond the information in
the FEIS.
The transportation of the requested materials would be required to
adhere to the applicable regulatory packaging and transportation
requirements in NRC regulations (10 CFR parts 20 and 71), the State of
Wisconsin Administrative Code Chapter 326, ``Transportation,'' and
Department of Transportation requirements (49 CFR parts 172 and 173).
Based on the above, the NRC staff concludes that the proposed
action would not have significant radiological human health impacts.
Nonradiological impacts to human health of the construction,
operation, and decommissioning of the SHINE facility were previously
assessed in section 4.8.1.2, ``Nonradiological,'' of the FEIS. In the
FSEIS, the NRC staff identified no differing or significant new
information related to nonradiological impacts beyond the information
in the FEIS. The application provided that the proposed amendment would
not result in any new or substantially different nonradiological
hazards resulting from the receipt and possession of the requested
materials; therefore, the NRC staff concludes that nonradiological
impacts during construction would remain small.
The proposed action would result in no additional direct impacts on
land use or water resources, including terrestrial and aquatic biota,
because the proposed action involves no new construction or
modification of the SHINE facility operational systems previously
assessed in the FEIS and the FSEIS. For this same reason, there would
be no changes to the types or quantity of nonradiological effluents
previously assessed in the FEIS and the FSEIS and, therefore, no
changes to the facility's Wisconsin Pollutant Discharge Elimination
System permit are needed. Similarly, there would be no changes in
ambient air quality, no noticeable effect on socioeconomic conditions
in the region, no environmental justice impacts, and no impacts to
historic and cultural resources. Therefore, the NRC staff concludes
that there would be no significant nonradiological impacts associated
with the proposed action.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the NRC staff considered
denial of the proposed action (i.e., the ``no-action'' alternative).
Denial of the license amendment request would result in the licensee
being unable to complete construction and begin operation of the SHINE
facility. However, because the direct impacts from construction have
largely already occurred and because the remaining construction,
operating, and decommissioning impacts would generally be small as
evaluated in the FEIS and the FSEIS, the environmental impacts of the
proposed action and the alternative action are similar.
Alternative Use of Resources
There are no unresolved conflicts concerning alternative uses of
available resources under the proposed action.
Agencies and Persons Consulted
No additional agencies or persons were consulted regarding the
environmental impact of the proposed action. On April 20, 2023, the NRC
notified the Wisconsin Department of Health Services of the EA and
FONSI. The state provided no comments. The NRC staff determined that
the proposed action would have no effect on Federally listed threatened
or endangered species or critical habitat that could occur on or near
the SHINE facility site and would have no effect on any historic
properties. Therefore, consultation was not required under section 7 of
the Endangered Species Act of 1973, as amended, or under section 106 of
the National Historic Preservation Act of 1966, as amended.
III. Finding of No Significant Impact
The proposed action is the issuance of an amendment to SHINE
Construction Permit No. CPMIF-001 to authorize SHINE to receive and
possess contained SNM necessary for the continued construction of the
SHINE facility in Rock County, Wisconsin.
Consistent with 10 CFR 51.21, the NRC prepared an EA to determine
the impacts of the proposed action. On the basis of the EA included in
section II in this document and incorporated by reference in this
finding, the NRC concludes that the proposed action would not have a
significant adverse effect on the probability of an accident occurring
and would not have any significant radiological or nonradiological
impacts. Therefore, the NRC concludes that the proposed action will not
have a significant effect on the quality of the human environment.
Accordingly, the NRC has determined not to prepare an environmental
impact statement for the proposed action.
Other than the application dated October 6, 2022, as supplemented
by letter dated February 17, 2023, the
[[Page 27534]]
related environmental documents are the FEIS and the FSEIS. The FSEIS
provides the latest environmental review of the construction,
operation, and decommissioning of the SHINE facility and description of
the environmental conditions at the SHINE facility.
This EA and FONSI and other related documents are accessible online
in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who
encounter problems in accessing the documents located in ADAMS should
contact the NRC's PDR reference staff at 1-800-397-4209, 301-415-4737,
or by email to [email protected].
IV. Availability of Documents
The documents identified in the following table are available to
interested persons through ADAMS, as indicated.
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Document ADAMS accession No.
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NUREG-2183, ``Environmental Impact Statement for ML15288A046.
the Construction Permit for the SHINE Medical
Radioisotope Production Facility,'' dated
October 2015 (FEIS).
NUREG-2183, Supplement 1, ``Environmental Impact ML23026A312.
Statement Related to the Operating License for
the SHINE Medical Isotope Production
Facility,'' dated January 2023 (FSEIS).
Construction Permit No. CPMIF-001 for the SHINE ML16041A473 (Package).
Medical Isotope Production Facility, dated ML19162A026 (Amendment
February 29, 2016, as amended. No. 1).
ML21320A224 (Amendment
No. 2).
ML22292A319 (Amendment
No. 3).
SHINE Technologies, LLC, Final Safety Analysis ML22249A136.
Report, Chapter 7, ``Instrumentation and
Control Systems,'' Rev. 2, dated August 31,
2022.
SHINE Technologies, LLC, ``Request to Amend ML22279A951.
Construction Permit No. CPMIF-001,'' dated
October 6, 2022.
SHINE Technologies, LLC, ``Request to Amend ML23048A244.
Construction Permit No. CPMIF-001 Response to
Request for Additional Information,'' dated
February 17, 2023.
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Dated: April 26, 2023.
For the Nuclear Regulatory Commission.
Joshua M. Borromeo,
Chief, Non-Power Production and Utilization Facility Licensing Branch,
Division of Advanced Reactors and Non-Power Production and Utilization
Facilities, Office of Nuclear Reactor Regulation.
[FR Doc. 2023-09226 Filed 5-1-23; 8:45 am]
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