[Federal Register Volume 91, Number 25 (Friday, February 6, 2026)]
[Notices]
[Pages 5518-5521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-02322]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-9086; NRC-2026-0595]
International Isotopes Fluorine Products; Consideration of
Approval of Transfer of Control of License
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for direct and indirect transfer of licenses;
opportunity to comment, request a hearing, and petition for leave to
intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC, the Commission)
received and is considering approval of an application filed by
International Isotopes Fluorine Products (IIFP) on October 1, 2025, as
supplemented by letter dated October 1, 2025. The application seeks NRC
consent to the direct transfer of control of the materials license SUB-
1011, held by International Isotopes Fluorine Products to Green Salt
Products, LLC (GSP). The application contains sensitive unclassified
non-safeguards information (SUNSI).
DATES: Submit comments by March 9, 2026. A request for a hearing or
petition for leave to intervene must be filed by February 26, 2026. Any
potential party as defined in section 2.4 of title 10 of the Code of
Federal Regulations (10 CFR), who believes access to SUNSI is necessary
to respond to this notice must follow the instructions in Section VI of
the SUPPLEMENTARY INFORMATION section of this notice.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal rulemaking website:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2026-0595. Address
questions about Docket IDs in Regulations.gov to Bridget Curran;
telephone: 301-415-1003; email: [email protected]. For technical
questions, contact the individual listed in the For Further Information
Contact section of this document.
Email comments to: [email protected]. If you do not
receive an automatic email reply confirming receipt, then contact us at
301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. eastern time (ET)
Federal workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Diana Woodyatt, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-1245; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2026-0595 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:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2026-0595.
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. To begin the search, select ``Begin ADAMS Public Search.'' For
problems with ADAMS, please contact the NRC's
[[Page 5519]]
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.
B. Submitting Comments
The NRC encourages electronic comment submission through the
Federal Rulemaking website (https://www.regulations.gov). Please
include Docket ID NRC-2026-0595 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at
https://www.regulations.gov as well as enter the comment submissions
into ADAMS. The NRC does not routinely edit comment submissions to
remove identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Introduction
The NRC is considering the issuance of an order pursuant to 10 CFR
40.46, ``Inalienability of licenses,'' 10 CFR 110.50, ``Terms,'' and 10
CFR 110.51, ``Amendment and renewal of licenses,'' approving the direct
transfer of control of NRC license number SUB-1011, (Docket No. 40-
9086) from IIFP to GSP. International Isotopes, Inc. (INIS) holds the
license to a depleted uranium deconversion and fluorine processing
venture.
On October 1, 2025, IIFP and GSP submitted an application (ADAMS
Accession No. ML25273A381) via the NRC's Electronic Information
Exchange requesting NRC consent to the direct transfer of control. The
request arises from an Asset Purchase Agreement dated February 8, 2024,
under which INIS and its wholly owned subsidiary IIFP would sell INIS's
assets related to its depleted uranium deconversion and fluorine
processing venture--including license SUB-1011--to GSP, a wholly owned
American Fuel Resources (AFR) subsidiary. GSP would become the licensee
and operations company for the facility.
As part of the proposed action, the licensee name would change from
``International Isotopes Fluoride Products, Inc.'' to ``Green Salt
Products, LLC,'' and the facility name would change from ``IIFP
Fluorine Extraction and Depleted Uranium Deconversion Plant'' to
``Green Salt Products Depleted Uranium Deconversion Plant.'' The
applicants state no changes are proposed to the use, possession,
locations, storage, facilities, equipment, or procedures associated
with licensed activities. The licensed site near Hobbs/Lea County, New
Mexico remains undeveloped; no construction has begun, and no licensed
material has ever been received under SUB-1011.
The proposed transfer (collectively, ``The Transaction'') will
occur in one step. This step involves the direct transfer of control of
IIFP's NRC materials license SUB-1011 ownership of the relevant assets
and operations related to GSP. As a result of this step, GSP will
become the new licensee for SUB-1011.
With respect to management and qualifications, the applicants
identify two personnel substitutions associated with the license: GSP's
President/CEO would replace IIFP's President/CEO and GSP's Radiation
Safety Officer (RSO) would replace IIFP's RSO; all other positions
identified in the license are currently unfilled, and no other changes
in operations or licensed activities are anticipated.
In its submittal, GSP will be financially qualified to engage in
NRC-licensed activities and that, prior to closing the Transaction,
and, upon the NRC providing its consent to the transfers of control of
the license, GSP will comply with the financial assurance and
decommissioning funding requirements in the license, including
providing final financial assurance instruments at least six months
before obtaining radioactive material and final executed instruments at
least 21 days before receiving material (License Conditions 14 and 15),
and submitting/updating the Decommissioning Funding Plan (DFP) and
Decommissioning Cost Estimate (DCE) as required.
Section 184, ``Inalienability of Licenses,'' of the Atomic Energy
Act of 1954, as amended, (the Act) states that ``[n]o license granted
hereunder and no right to utilize or produce special nuclear material
granted hereby shall be transferred, assigned or in any manner disposed
of, either voluntarily or involuntarily, directly or indirectly,
through transfer of control of any license to any person, unless the
Commission shall, after securing full information, find that the
transfer is in accordance with the provisions of this Act, and shall
give its consent in writing.'' The NRC's regulations at 10 CFR 50.80,
70.36, and 72.50 provide that no license, or any right thereunder,
shall be transferred, assigned, or in any manner disposed of, either
voluntarily or involuntarily, directly or indirectly, through transfer
of control of the license to any person, unless the Commission gives
its consent in writing. The Commission will approve an application for
the direct transfer of a license if the Commission determines that the
proposed transfer of control will not affect the qualifications of the
licensee to hold the license, and that the transfer is otherwise
consistent with applicable provisions of law, regulations, and orders
issued by the Commission.
III. Opportunity To Comment
Within 30 days from the date of publication of this notice, persons
may submit written comments regarding the license transfer application,
as provided for in 10 CFR 2.1305 and 10 CFR 110.81. The Commission will
consider and, if appropriate, respond to these comments, but such
comments will not otherwise constitute part of the decisional record.
Comments should be submitted as described in the ADDRESSES section of
this document.
IV. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 20 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 20 days from the date of
publication of this notice in accordance with the filing
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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 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 20 days from the date of publication of this notice.
Alternatively, a State, local governmental body, Federally recognized
Indian Tribe, or designated 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 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
V. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings including
documents filed by an interested State, local governmental body,
Federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. The E-Filing process requires
participants to submit and serve all adjudicatory documents over the
internet, or in some cases, to mail copies on electronic storage media,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
in the ``Guidance for Electronic Submissions to the NRC'' (ADAMS
Accession No. ML13031A056) and on the NRC's public website at https://www.nrc.gov/site-help/esubmittals.html.
To comply with the procedural requirements of E-Filing, at least 10
days prior to the filing deadline, the participant should contact the
Office of the Secretary by email at [email protected], or by
telephone at 301-415-1677, to (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on the NRC's public website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-refmat.html. A filing is considered complete at the time
the document is submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email that provides access to the document
to the NRC's Office of the General Counsel and any others who have
advised the Office of the Secretary that they wish to participate in
the proceeding, so that the filer need not serve the document on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before adjudicatory documents are filed to
obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/esubmittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, click ``cancel'' when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing dockets where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal phone
numbers in their filings unless an NRC regulation or other law requires
submission of such information. With respect to copyrighted works,
except for limited excerpts that serve the purpose of the adjudicatory
filings and would constitute a Fair Use application, participants
should not include copyrighted materials in their submission.
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
For further details with respect to this notice, see the
application dated October 1, 2025 (ADAMS Accession No. ML25273A381), as
supplement by letter dated October 1, 2025 (ADAMS Accession No.
ML25274A143).
VI. Access to Sensitive Unclassified Non-Safeguards Information for
Contention Preparation
Any person who desires access to proprietary, confidential
commercial information that has been redacted from the application
should contact the Applicant by emailing Jack Higginbotham, Director of
Licensing, Radiation Safety Officer, at
[email protected] for the purpose of negotiating
a confidentiality
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agreement or a proposed protective order with the Applicant. If no
agreement can be reached, persons who desire access to this information
may file a motion with the Secretary and addressed to the Commission
that requests the issuance of a protective order.
Dated: February 4, 2026.
For the Nuclear Regulatory Commission.
Tekia Govan,
Acting Chief, Fuel Facility Licensing Branch, Division of Fuel
Management, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2026-02322 Filed 2-5-26; 8:45 am]
BILLING CODE 7590-01-P