In the Matter of SHINE Medical Technologies, LLC; SHINE Medical Isotope Production Facility, 75297-75299 [2022-26666]
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75297
Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
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B. Submitting Comments
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to https://www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under Review—
Open for Public Comments’’ or by using
the search function.
The NRC cautions you not to include
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed in your
comment submission. All comment
submissions are posted at https://
www.regulations.gov and entered into
ADAMS. Comment submissions are not
routinely edited to remove identifying
or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the OMB, 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 comment submissions are not
routinely edited to remove such
information before making the comment
submissions available to the public or
entering the comment into ADAMS.
II. Background
Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the NRC recently
submitted a proposed collection of
information to OMB for review entitled
‘‘Equal Employment Opportunity
Electronic Complaint System.’’ The NRC
hereby informs potential respondents
that an agency may not conduct or
sponsor, and that a person is not
required to respond to, a collection of
information unless it displays a
currently valid OMB control number.
The NRC published a Federal
Register notice with a 60-day comment
period on this information collection on
May 19, 2022, 87 FR 30518.
1. The title of the information
collection: Equal Employment
Opportunity Electronic Complaint
System.
2. OMB approval number: An OMB
control Number has not yet been
assigned to this proposed information
collection.
3. Type of submission: New.
4. The form number, if applicable:
Not applicable.
5. How often the collection is required
or requested: Once.
6. Who will be required or asked to
respond: Former NRC employees,
applicants for employment, contractors.
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7. The estimated number of annual
responses: 20.
8. The estimated number of annual
respondents: 10.
9. The estimated number of hours
needed annually to comply with the
information collection requirement or
request: 5.33.
10. Abstract: As set forth under 29
CFR 1614, the Equal Employment
Opportunity (EEO) complaint process
prescribes that when an aggrieved
individual believes that they have been
discriminated against on the basis of
their race, color, religion, sex (including
sexual orientation, gender identity and
expressions, and pregnancy), national
origin, age, disability, genetic
information (including family medical
history), marital status, parental status,
political affiliation, military service, and
reprisal, the aggrieved individual must
consult a Counselor prior to filing a
complaint in order to try to informally
resolve the matter. NRC employees
(current and former) and job applicants
can use the NRC’s EEO eFile portal to
initiate a request for EEO counseling,
submit information about their informal
EEO complaint, and view the status of
their EEO case(s). The information
collected includes the aggrieved persons
Personal Identifiable Information,
claims of alleged discriminatory
behavior, and documentation to support
claims.
Dated: December 2, 2022.
For the Nuclear Regulatory Commission.
David C. Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2022–26624 Filed 12–7–22; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–608; NRC–2022–0180]
In the Matter of SHINE Medical
Technologies, LLC; SHINE Medical
Isotope Production Facility
Nuclear Regulatory
Commission.
ACTION: Order; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has approved the
SHINE Medical Technologies, LLC
(SHINE) request to amend Construction
Permit No. CPMIF–001 for the SHINE
Medical Isotope Production Facility
(SHINE facility) in Rock County,
Wisconsin. The approved amendments
extend the latest date for completion of
the construction of the SHINE facility
from December 31, 2022, to December
SUMMARY:
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31, 2025, and administratively change
the name of the construction permit
holder from SHINE Medical
Technologies, LLC to SHINE
Technologies, LLC.
The Order was issued on
November 30, 2022.
DATES:
Please refer to Docket ID
NRC–2022–0180 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–2022–0180. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. 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
PDR.Resource@nrc.gov. The SHINE
request to amend Construction Permit
No. CPMIF–001 is available in ADAMS
under Accession No. ML22091A093.
• 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 PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
Eastern Time, Monday through Friday,
except Federal holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Holly Cruz, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–1053; email:
Holly.Cruz@nrc.gov.
SUPPLEMENTARY INFORMATION:
the Order is attached.
Dated: December 5, 2022.
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The text of
75298
Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
For the Nuclear Regulatory Commission.
Joshua M. Borromeo,
Chief, Non-Power Production and Utilization
Facilities Licensing Branch, Division of
Advanced Reactors and Non-Power
Production and Utilization Facilities, Office
of Nuclear Reactor Regulation.
United States of America
Nuclear Regulatory Commission
In the Matter of: SHINE Medical
Technologies, LLC (SHINE Medical Isotope
Production Facility)
Docket No. 50–608
Construction Permit No. CPMIF–001
Order
I.
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SHINE Medical Technologies, LLC (SHINE,
licensee, permit holder) is the holder of
Construction Permit (CP) No. CPMIF–001,
which the U.S. Nuclear Regulatory
Commission (NRC, the Commission) issued
on February 29, 2016 (Agencywide
Documents Access and Management System
(ADAMS) Package Accession No.
ML16041A473), for the construction of the
SHINE Medical Isotope Production Facility
(SHINE facility) in Rock County, Wisconsin.
CP No. CPMIF–001 includes December 31,
2022 as the latest date for completion of the
construction of the SHINE facility and
expires on the latest date of completion. The
SHINE facility is currently under
construction.
By letter dated April 1, 2022
(ML22091A093), SHINE submitted to the
NRC a license amendment request in
accordance with section 50.90, ‘‘Application
for amendment of license, construction
permit, or early site permit,’’ of title 10 of the
Code of Federal Regulations (10 CFR) and 10
CFR 50.55(b). The license amendment
request seeks to extend the latest date for
completion of the construction of the SHINE
facility from December 31, 2022, to December
31, 2025, and to change the name of the CP
holder from SHINE Medical Technologies,
LLC to SHINE Technologies, LLC. SHINE
stated that the proposed name change is
administrative because it does not involve
any transfer of control of the CP or a change
to ownership, organization, rights, or
liabilities of SHINE.
II.
Upon review of the license amendment
request, the NRC staff determined that SHINE
had shown good cause for extending the
latest date for completion of the construction
of the SHINE facility from December 31,
2022, to December 31, 2025 and that the
name change of the CP holder from SHINE
Medical Technologies, LLC to SHINE
Technologies, LLC is administrative in
nature. The staff also determined that the
license amendment request involves no
significant hazards consideration. The staff
prepared an environmental assessment and
finding of no significant impact for the
requested extension of the latest date for
completion of construction and published it
in the Federal Register on November 10,
2022 (87 FR 67965). On the basis of the
environmental assessment, the staff
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concluded that the requested extension will
not have a significant effect on the quality of
the human environment. The findings set
forth above are supported by an NRC staff
safety evaluation dated November 30, 2022,
which is available at ML22292A319.
III.
Within 60 days after the date of publication
of this notice, any persons (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. The scope of this order extending
the latest date for completion of construction
and administratively changing the name of
the CP holder and any proceeding hereunder
is limited to direct challenges to the CP
holder’s asserted reasons that show good
cause for the extension and to the name
change. 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 a current
copy of 10 CFR 2.309. The NRC’s regulations
are accessible electronically from the NRC
Library on the NRC’s website at https://
www.nrc.gov/reading-rm/doccollections/cfr/.
Alternatively, a copy of the regulations is
available at the NRC’s Public Document
Room, located at One White Flint North,
Room P1 B35, 11555 Rockville Pike,
Rockville, Maryland 20852. If a petition is
filed, the Commission or a presiding officer
will rule on the petition and, if appropriate,
a notice of a hearing will be issued.
As required by 10 CFR 2.309(d), the
petition should specifically explain the
reasons why intervention should be
permitted with particular reference to the
following general requirements for standing:
(1) the name, address, and telephone number
of the petitioner; (2) the nature of the
petitioner’s right to be made a party to the
proceeding; (3) the nature and extent of the
petitioner’s property, financial, or other
interest in the proceeding; and (4) the
possible effect of any decision or order which
may be entered in the proceeding on the
petitioner’s interest.
In accordance with 10 CFR 2.309(f), the
petition must also set forth the specific
contentions which the petitioner seeks to
have litigated in the proceeding. Each
contention must consist of a specific
statement of the issue of law or fact to be
raised or controverted. In addition, the
petitioner must provide a brief explanation of
the bases for the contention and a concise
statement of the alleged facts or expert
opinion which support the contention and on
which the petitioner intends to rely in
proving the contention at the hearing. The
petitioner must also provide references to the
specific sources and documents on which the
petitioner intends to rely to support its
position on the issue. The petition must
include sufficient information to show that a
genuine dispute exists with the applicant or
licensee on a material issue of law or fact.
Contentions must be limited to matters
within the scope of the proceeding. The
contention must be one which, if proven,
would entitle the petitioner to relief. A
petitioner who fails to satisfy the
requirements at 10 CFR 2.309(f) with respect
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to at least one contention will not be
permitted to participate as a party.
Those permitted to intervene become
parties to the proceeding, subject to any
limitations in the order granting leave to
intervene. Parties have the opportunity to
participate fully in the conduct of the hearing
with respect to resolution of that party’s
admitted contentions, including the
opportunity to present evidence, consistent
with the NRC’s regulations, policies, and
procedures.
Petitions must be filed no later than 60
days from the date of publication of this
notice. 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). The petition
must be filed in accordance with the filing
instructions in the section of this document
discussing electronic submissions (E-Filing).
If a hearing is requested, and the
Commission has not made a final
determination on the issue of no significant
hazards consideration, the Commission will
make a final determination on the issue of no
significant hazards consideration. The final
determination will serve to establish when
the hearing is held. If the final determination
is that the amendment request involves no
significant hazards consideration, the
Commission may issue the amendment and
make it immediately effective,
notwithstanding the request for a hearing.
Any hearing would take place after issuance
of the amendment. If the final determination
is that the amendment request involves a
significant hazards consideration, then any
hearing held would take place before the
issuance of the amendment unless the
Commission finds an imminent danger to the
health or safety of the public, in which case
it will issue an appropriate order or rule
under 10 CFR part 2.
A State, local governmental body,
Federally recognized Indian Tribe, or agency
thereof, may submit a petition to the
Commission to participate as a party under
10 CFR 2.309(h)(1). The petition should state
the nature and extent of the petitioner’s
interest in the proceeding. The petition
should be submitted to the Commission no
later than 60 days from the date of
publication of this notice. The petition must
be filed in accordance with the filing
instructions in the section of this document
discussing electronic submissions (E-Filing),
and should meet the requirements for
petitions set forth in this section, except that
under 10 CFR 2.309(h)(2) a State, local
governmental body, or Federally recognized
Indian Tribe, or agency thereof does not need
to address the standing requirements in 10
CFR 2.309(d) if the facility is located within
its boundaries. Alternatively, a State, local
governmental body, Federally recognized
Indian Tribe, or agency thereof may
participate as a non-party under 10 CFR
2.315(c).
If a hearing is granted, any person who is
not a party to the proceeding and is not
affiliated with or represented by a party may,
at the discretion of the presiding officer, be
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Federal Register / Vol. 87, No. 235 / Thursday, December 8, 2022 / Notices
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permitted to make a limited appearance
pursuant to the provisions of 10 CFR
2.315(a). A person making a limited
appearance may make an oral or written
statement of his or her position on the issues
but may not otherwise participate in the
proceeding. A limited appearance may be
made at any session of the hearing or at any
prehearing conference, subject to the limits
and conditions as may be imposed by the
presiding officer. Details regarding the
opportunity to make a limited appearance
will be provided by the presiding officer if
such sessions are scheduled.
IV.
All documents filed in NRC adjudicatory
proceedings, including a request for hearing
and petition for leave to intervene (petition),
any motion or other document filed in the
proceeding prior to the submission of a
request for hearing or petition to intervene,
and documents filed by interested
governmental entities that request to
participate under 10 CFR 2.315(c), must be
filed in accordance with the NRC’s E-Filing
rule (72 FR 49139; August 28, 2007, as
amended at 77 FR 46562; August 3, 2012).
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. Detailed
guidance on making electronic submissions
may be found in the Guidance for Electronic
Submissions to the NRC and on the NRC
website at https://www.nrc.gov/site-help/
esubmittals.html. Participants may not
submit paper copies of their filings unless
they seek an exemption in accordance with
the procedures described below.
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 hearing.docket@nrc.gov, 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 hearing in this
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/esubmittals/getting-started.html. Once a
participant has obtained a digital ID
certificate and a docket has been created, the
participant can then submit adjudicatory
documents. Submissions must be in Portable
Document Format (PDF). Additional
guidance on PDF 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
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17:36 Dec 07, 2022
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electronic filing must be submitted to the EFiling system no later than 11:59 p.m.
Eastern Time on the due date. Upon receipt
of a transmission, the E-Filing system timestamps the document and sends the
submitter an email notice confirming receipt
of the document. The E-Filing system also
distributes an email notice 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 so that they
can 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
MSHD.Resource@nrc.gov, 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., Eastern Time, Monday through
Friday, excluding government holidays.
Participants who believe that they have a
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 by: (1)
first class mail addressed to the Office of the
Secretary of the Commission, U.S. Nuclear
Regulatory Commission, Washington, DC
20555–0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express
mail, or expedited delivery service to the
Office of the Secretary, 11555 Rockville Pike,
Rockville, Maryland 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing adjudicatory documents in
this manner are responsible for serving the
document on all other participants. Filing is
considered complete by first-class mail as of
the time of deposit in the mail, or by courier,
express mail, or expedited delivery service
upon depositing the document with the
provider of the service. A presiding officer,
having granted an exemption request from
using E-Filing, may require a participant or
party to use E-Filing if the presiding officer
subsequently determines that the reason for
granting the exemption from use of E-Filing
no longer exists.
Documents submitted in adjudicatory
proceedings will appear in the NRC’s
electronic hearing docket which is available
to the public at https://adams.nrc.gov/ehd,
unless excluded pursuant to an order of the
Commission or the presiding officer. If you
do not have an NRC-issued digital ID
certificate as described above, 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
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75299
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. For
example, in some instances, individuals
provide home addresses in order to
demonstrate proximity to a facility or site.
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 are
requested not to include copyrighted
materials in their submission.
The attorney for the CP holder is Nathan
Schleifer, General Counsel, SHINE
Technologies, LLC, 3400 Innovation Court,
Janesville, WI 53546.
V.
Accordingly, pursuant to Sections 161b
and 161i of the Atomic Energy Act of 1954,
as amended; 42 U.S.C. Sections 2201(b) and
2201(i); and 10 CFR 50.90 and 10 CFR
50.55(b), it is hereby ordered that CP No.
CPMIF–001 is amended to extend the latest
date for completion of the construction of the
SHINE facility from December 31, 2022, to
December 31, 2025, and to change the name
of the CP holder from SHINE Medical
Technologies, LLC to SHINE Technologies,
LLC.
This order is effective upon issuance.
Dated: November 30, 2022.
For the Nuclear Regulatory Commission.
/RA/
Caroline Carusone,
Deputy Director, Division of Advanced
Reactors and Non-Power Production and
Utilization Facilities, Office of Nuclear
Reactor Regulation.
[FR Doc. 2022–26666 Filed 12–7–22; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–607; NRC–2022–0114]
Regents of the University of California,
University of California-Davis
McClellan Nuclear Research Center,
Training, Research, Isotopes, General
Atomics Reactor
Nuclear Regulatory
Commission.
ACTION: License renewal; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has issued a renewal
for Facility Operating License No. R–
130, held by the Regents of the
University of California (the licensee),
for the continued operation of the
University of California-Davis
McClellan Nuclear Research Center
(UCD, MNRC) Training, Research,
Isotopes, General Atomics (TRIGA)
reactor (the reactor, facility), for an
SUMMARY:
E:\FR\FM\08DEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 235 (Thursday, December 8, 2022)]
[Notices]
[Pages 75297-75299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26666]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-608; NRC-2022-0180]
In the Matter of SHINE Medical Technologies, LLC; SHINE Medical
Isotope Production Facility
AGENCY: Nuclear Regulatory Commission.
ACTION: Order; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has approved the
SHINE Medical Technologies, LLC (SHINE) request to amend Construction
Permit No. CPMIF-001 for the SHINE Medical Isotope Production Facility
(SHINE facility) in Rock County, Wisconsin. The approved amendments
extend the latest date for completion of the construction of the SHINE
facility from December 31, 2022, to December 31, 2025, and
administratively change the name of the construction permit holder from
SHINE Medical Technologies, LLC to SHINE Technologies, LLC.
DATES: The Order was issued on November 30, 2022.
ADDRESSES: Please refer to Docket ID NRC-2022-0180 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-2022-0180. 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]. The SHINE request to amend
Construction Permit No. CPMIF-001 is available in ADAMS under Accession
No. ML22091A093.
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
8:00 a.m. and 4:00 p.m. Eastern Time, Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Holly Cruz, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-1053; email: [email protected].
SUPPLEMENTARY INFORMATION: The text of the Order is attached.
Dated: December 5, 2022.
[[Page 75298]]
For the Nuclear Regulatory Commission.
Joshua M. Borromeo,
Chief, Non-Power Production and Utilization Facilities Licensing
Branch, Division of Advanced Reactors and Non-Power Production and
Utilization Facilities, Office of Nuclear Reactor Regulation.
United States of America
Nuclear Regulatory Commission
In the Matter of: SHINE Medical Technologies, LLC (SHINE Medical
Isotope Production Facility)
Docket No. 50-608
Construction Permit No. CPMIF-001
Order
I.
SHINE Medical Technologies, LLC (SHINE, licensee, permit holder)
is the holder of Construction Permit (CP) No. CPMIF-001, which the
U.S. Nuclear Regulatory Commission (NRC, the Commission) issued on
February 29, 2016 (Agencywide Documents Access and Management System
(ADAMS) Package Accession No. ML16041A473), for the construction of
the SHINE Medical Isotope Production Facility (SHINE facility) in
Rock County, Wisconsin. CP No. CPMIF-001 includes December 31, 2022
as the latest date for completion of the construction of the SHINE
facility and expires on the latest date of completion. The SHINE
facility is currently under construction.
By letter dated April 1, 2022 (ML22091A093), SHINE submitted to
the NRC a license amendment request in accordance with section
50.90, ``Application for amendment of license, construction permit,
or early site permit,'' of title 10 of the Code of Federal
Regulations (10 CFR) and 10 CFR 50.55(b). The license amendment
request seeks to extend the latest date for completion of the
construction of the SHINE facility from December 31, 2022, to
December 31, 2025, and to change the name of the CP holder from
SHINE Medical Technologies, LLC to SHINE Technologies, LLC. SHINE
stated that the proposed name change is administrative because it
does not involve any transfer of control of the CP or a change to
ownership, organization, rights, or liabilities of SHINE.
II.
Upon review of the license amendment request, the NRC staff
determined that SHINE had shown good cause for extending the latest
date for completion of the construction of the SHINE facility from
December 31, 2022, to December 31, 2025 and that the name change of
the CP holder from SHINE Medical Technologies, LLC to SHINE
Technologies, LLC is administrative in nature. The staff also
determined that the license amendment request involves no
significant hazards consideration. The staff prepared an
environmental assessment and finding of no significant impact for
the requested extension of the latest date for completion of
construction and published it in the Federal Register on November
10, 2022 (87 FR 67965). On the basis of the environmental
assessment, the staff concluded that the requested extension will
not have a significant effect on the quality of the human
environment. The findings set forth above are supported by an NRC
staff safety evaluation dated November 30, 2022, which is available
at ML22292A319.
III.
Within 60 days after the date of publication of this notice, any
persons (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. The scope of this order
extending the latest date for completion of construction and
administratively changing the name of the CP holder and any
proceeding hereunder is limited to direct challenges to the CP
holder's asserted reasons that show good cause for the extension and
to the name change. 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 a current copy of 10 CFR
2.309. The NRC's regulations are accessible electronically from the
NRC Library on the NRC's website at https://www.nrc.gov/reading-rm/doccollections/cfr/. Alternatively, a copy of the regulations is
available at the NRC's Public Document Room, located at One White
Flint North, Room P1 B35, 11555 Rockville Pike, Rockville, Maryland
20852. If a petition is filed, the Commission or a presiding officer
will rule on the petition and, if appropriate, a notice of a hearing
will be issued.
As required by 10 CFR 2.309(d), the petition should specifically
explain the reasons why intervention should be permitted with
particular reference to the following general requirements for
standing: (1) the name, address, and telephone number of the
petitioner; (2) the nature of the petitioner's right to be made a
party to the proceeding; (3) the nature and extent of the
petitioner's property, financial, or other interest in the
proceeding; and (4) the possible effect of any decision or order
which may be entered in the proceeding on the petitioner's interest.
In accordance with 10 CFR 2.309(f), the petition must also set
forth the specific contentions which the petitioner seeks to have
litigated in the proceeding. Each contention must consist of a
specific statement of the issue of law or fact to be raised or
controverted. In addition, the petitioner must provide a brief
explanation of the bases for the contention and a concise statement
of the alleged facts or expert opinion which support the contention
and on which the petitioner intends to rely in proving the
contention at the hearing. The petitioner must also provide
references to the specific sources and documents on which the
petitioner intends to rely to support its position on the issue. The
petition must include sufficient information to show that a genuine
dispute exists with the applicant or licensee on a material issue of
law or fact. Contentions must be limited to matters within the scope
of the proceeding. The contention must be one which, if proven,
would entitle the petitioner to relief. A petitioner who fails to
satisfy the requirements at 10 CFR 2.309(f) with respect to at least
one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene.
Parties have the opportunity to participate fully in the conduct of
the hearing with respect to resolution of that party's admitted
contentions, including the opportunity to present evidence,
consistent with the NRC's regulations, policies, and procedures.
Petitions must be filed no later than 60 days from the date of
publication of this notice. 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). The petition must be
filed in accordance with the filing instructions in the section of
this document discussing electronic submissions (E-Filing).
If a hearing is requested, and the Commission has not made a
final determination on the issue of no significant hazards
consideration, the Commission will make a final determination on the
issue of no significant hazards consideration. The final
determination will serve to establish when the hearing is held. If
the final determination is that the amendment request involves no
significant hazards consideration, the Commission may issue the
amendment and make it immediately effective, notwithstanding the
request for a hearing. Any hearing would take place after issuance
of the amendment. If the final determination is that the amendment
request involves a significant hazards consideration, then any
hearing held would take place before the issuance of the amendment
unless the Commission finds an imminent danger to the health or
safety of the public, in which case it will issue an appropriate
order or rule under 10 CFR part 2.
A State, local governmental body, Federally recognized Indian
Tribe, or agency thereof, may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission no
later than 60 days from the date of publication of this notice. The
petition must be filed in accordance with the filing instructions in
the section of this document discussing electronic submissions (E-
Filing), and should meet the requirements for petitions set forth in
this section, except that under 10 CFR 2.309(h)(2) a State, local
governmental body, or Federally recognized Indian Tribe, or agency
thereof does not need to address the standing requirements in 10 CFR
2.309(d) if the facility is located within its boundaries.
Alternatively, a State, local governmental body, Federally
recognized Indian Tribe, or agency thereof may participate as a non-
party under 10 CFR 2.315(c).
If a hearing is granted, any person who is not a party to the
proceeding and is not affiliated with or represented by a party may,
at the discretion of the presiding officer, be
[[Page 75299]]
permitted to make a limited appearance pursuant to the provisions of
10 CFR 2.315(a). A person making a limited appearance may make an
oral or written statement of his or her position on the issues but
may not otherwise participate in the proceeding. A limited
appearance may be made at any session of the hearing or at any
prehearing conference, subject to the limits and conditions as may
be imposed by the presiding officer. Details regarding the
opportunity to make a limited appearance will be provided by the
presiding officer if such sessions are scheduled.
IV.
All documents filed in NRC adjudicatory proceedings, including a
request for hearing and petition for leave to intervene (petition),
any motion or other document filed in the proceeding prior to the
submission of a request for hearing or petition to intervene, and
documents filed by interested governmental entities that request to
participate under 10 CFR 2.315(c), must be filed in accordance with
the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at
77 FR 46562; August 3, 2012). 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. Detailed guidance on making electronic submissions may be
found in the Guidance for Electronic Submissions to the NRC and on
the NRC website at https://www.nrc.gov/site-help/esubmittals.html.
Participants may not submit paper copies of their filings unless
they seek an exemption in accordance with the procedures described
below.
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 hearing in this 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. Once a participant has
obtained a digital ID certificate and a docket has been created, the
participant can then submit adjudicatory documents. Submissions must
be in Portable Document Format (PDF). Additional guidance on PDF
submissions is available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.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. Eastern
Time on the due date. Upon receipt of a transmission, the E-Filing
system time-stamps the document and sends the submitter an email
notice confirming receipt of the document. The E-Filing system also
distributes an email notice 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 so that they can 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/e-submittals.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., Eastern Time, Monday through
Friday, excluding government holidays.
Participants who believe that they have a 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 by: (1) first class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, 11555
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and
Adjudications Staff. Participants filing adjudicatory documents in
this manner are responsible for serving the document on all other
participants. Filing is considered complete by first-class mail as
of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service. A presiding officer, having granted an
exemption request from using E-Filing, may require a participant or
party to use E-Filing if the presiding officer subsequently
determines that the reason for granting the exemption from use of E-
Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
the NRC's electronic hearing docket which is available to the public
at https://adams.nrc.gov/ehd, unless excluded pursuant to an order
of the Commission or the presiding officer. If you do not have an
NRC-issued digital ID certificate as described above, 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. For
example, in some instances, individuals provide home addresses in
order to demonstrate proximity to a facility or site. 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 are requested not to include copyrighted
materials in their submission.
The attorney for the CP holder is Nathan Schleifer, General
Counsel, SHINE Technologies, LLC, 3400 Innovation Court, Janesville,
WI 53546.
V.
Accordingly, pursuant to Sections 161b and 161i of the Atomic
Energy Act of 1954, as amended; 42 U.S.C. Sections 2201(b) and
2201(i); and 10 CFR 50.90 and 10 CFR 50.55(b), it is hereby ordered
that CP No. CPMIF-001 is amended to extend the latest date for
completion of the construction of the SHINE facility from December
31, 2022, to December 31, 2025, and to change the name of the CP
holder from SHINE Medical Technologies, LLC to SHINE Technologies,
LLC.
This order is effective upon issuance.
Dated: November 30, 2022.
For the Nuclear Regulatory Commission.
/RA/
Caroline Carusone,
Deputy Director, Division of Advanced Reactors and Non-Power
Production and Utilization Facilities, Office of Nuclear Reactor
Regulation.
[FR Doc. 2022-26666 Filed 12-7-22; 8:45 am]
BILLING CODE 7590-01-P
