[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]
BILLING CODE 7590-01-P