ML15181A456

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Transcript of the Public Meeting on the Shine Draft EIS Evening Session. Pages 1-22
ML15181A456
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Issue date: 06/10/2015
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Official Transcript of Proceedings NUCLEAR REGULATORY COMMISSION

Title:

Public Meeting for the Construction Permit for the Proposed SHINE Medical Radioisotope Production Facility: Evening Session Docket Number: 50-608 Location: Janesville, Wisconsin Date: Wednesday, June 10, 2015 Work Order No.: NRC-1625 Pages 1-22 NEAL R. GROSS AND CO., INC.

Court Reporters and Transcribers 1323 Rhode Island Avenue, N.W.

Washington, D.C. 20005 (202) 234-4433

1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

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DRAFT ENVIRONMENTAL IMPACT STATEMENT Construction Permit for the Proposed SHINE Medical Radioisotope Production Facility

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WEDNESDAY, JUNE 10, 2015

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ROTARY BOTANICAL GARDENS 1455 PALMER DRIVE JANESVILLE, WISCONSIN 53545

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The above-entitled matter commenced pursuant to Notice before Alison Rivera, Facilitator, at 7:00 p.m.

PRESENT:

NRC STAFF:

Alison Rivera, Facilitator, NRC Mirela Gavrilas, Deputy Director Division of Policy & Rulemaking Michelle Moser, Environmental Project Manager Division of License Renewal ALSO PRESENT:

Randy Howell, Department of Energy NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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2 1 P R O C E E D I N G S 2 (7:00 p.m.)

3 MS. RIVERA: Good evening, everyone. My 4 name is Alison Rivera, and I will be the facilitator 5 for this evening's meeting, which is to provide 6 comments on the draft environmental impact statement 7 prepared by the NRC staff as part of its review of 8 potential environmental impacts for a proposed medical 9 radioisotope production facility here in Janesville, 10 Wisconsin.

11 You may recall, or even have attended, the 12 NRC scoping meeting held about two years ago. The 13 purpose of that meeting was to collect input on what 14 should be analyzed as the staff prepared this draft 15 environmental impact statement, or EIS.

16 Hopefully, everyone has had a chance to 17 sign in, and for those who wish to speak during the 18 public comment period of tonights meeting, you have 19 had the opportunity to turn in a yellow card. If you 20 haven't signed in, the sheets are near the entrance, 21 and I have blank cards that I can bring around to anybody 22 who would like one. We also have written comment forms 23 out there if you prefer to write your comment, and those 24 comments will be treated the same as anything received 25 orally today.

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3 1 For some logistical information, the 2 restrooms are located out these side doors to my left, 3 and to the right. You can see the exits lighting the 4 door, or lighting the side, or the way you came in. The 5 agenda for this meeting includes introductory remarks 6 by Mirela Gavrilas, deputy director of the division of 7 policy and rulemaking in the office of nuclear reactor 8 regulation at the NRC, followed by Randy Howell from 9 the Department of Energy.

10 Following this, the NRC staff will present 11 the preliminary conclusions from the draft EIS. When 12 the presentations conclude, we will move right into the 13 public comment period. First, before turning it over 14 to Mirela, I would like to go over a few ground rules 15 for this meeting. First and foremost, please be 16 respectful of others, and we'll ensure that all 17 participants who wish to have a chance to comment have 18 an opportunity to do so.

19 Also, please turn off all electronic 20 devices or put them on vibrate. We certainly 21 understand if you need to take a phone call, but if that 22 happens please step out into the lobby. In addition, 23 you may have noticed that this meeting is being 24 recorded, and minimizing the background noise and side 25 conversations will help the court reporter produce an NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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4 1 accurate recording of the meeting.

2 In that same vein, when speaking we do ask 3 that you use the microphone. Unfortunately we only 4 have this one, so we'll bring it around to you.

5 Finally, the NRC is always looking to improve our 6 meetings, and your feedback is important to us. We 7 have some postage-paid public meeting feedback forms 8 on the literature table, and you can fill them out and 9 give it to an NRC staff member, or drop it in the mail.

10 With that, I would like to turn the meeting 11 over to Mirela Gavrilas.

12 MS. GAVRILAS: Thank you, Alison. Good 13 evening. On behalf of the staff, it's my pleasure to 14 welcome you to this public meeting. I want to express 15 my thanks for bringing us out here on such a beautiful 16 day in this gorgeous setting. As Alison mentioned, we 17 are here tonight to talk about the draft environmental 18 impact statement for SHINE.

19 In spring of 2013, SHINE submitted to the 20 NRC an application for a facility that will produce 21 Molybdenum-99, and we've been reviewing that 22 application ever since. Our review consists of two 23 parts. The first thing that we do is we review the 24 application for a construction permit, and our 25 environmental impact statement is being prepared as NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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5 1 part of that review. The next step is a review of the 2 operating license, and that's going to follow the 3 issuance of the construction permit.

4 So the environmental impact statement, the 5 draft that's being presented to you tonight, is the 6 staff's work. We will take your comments, and comments 7 we receive from all other sources, and work them into 8 the document, and release the final impact statement.

9 A bit of background on the environmental 10 impact statement. We, the NRC, are required to 11 complete it under the National Environmental Policy 12 Act. In addition to that, because we are working with 13 the Department of Energy, who is also a stakeholder in 14 the process, and that was mandated by the American 15 Medical Isotope Production Act.

16 One more remark about the environmental 17 impact statement. Even though it's done now before we 18 issue a construction permit, it looks at the entire life 19 cycle of the facility. So it looks at the 20 construction, the operation and the decommissioning of 21 the facility. You'll hear much more about that from 22 Michelle in a few minutes.

23 I'll take a moment and introduce the NRC 24 staff. The review of SHINE, because it's novel 25 technology and because it's quite complex, engages all NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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6 1 practically all of the offices in the Nuclear 2 Regulatory Commission. We have a few experts 3 throughout the room that are here to assist with this 4 presentation.

5 Let me start with, you already met Alison.

6 I have Al Adams, who is the chief of the research and 7 test reactor licensing branch. Michelle Moser, who 8 has spearheaded the environmental review for SHINE.

9 Kevin Folk, a specialist in water resources and had a 10 major part in the development of the report that we'll 11 discuss tonight. Steve Lynch is the project manager 12 for SHINE, in general, and he coordinates all 13 activities related to SHINE, and he is in charge of the 14 safety review.

15 Alex Sapountzis is a senior project 16 manager and security specialist. Victoria Mitlyng, 17 public affairs officer from our offices in Chicago, and 18 Chuck Teal, who's also from NSIR. That's the staff 19 from the NRC here tonight.

20 With that, I'm going to ask Randy Howell 21 from DOE to come and make a couple of remarks. As I 22 said, they're our partners in the development of the 23 environmental impact statement. After that, Michelle 24 will walk you through it.

25 MR. HOWELL: Thank you. So, as she NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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7 1 mentioned, I'm Randy Howell from the Department of 2 Energy, National Nuclear Security Administration's 3 Moly-99 program, where I support the domestic projects.

4 Our agency, under the American Medical Isotopes 5 Production Act, has a mandate to support the 6 acceleration of projects in the U.S. to establish 7 Moly-99 production without the use of highly enriched 8 uranium.

9 So, to do that, we are working with SHINE, 10 among others, to support their project providing some 11 matching funding and some technical development 12 support. I'm also here with my colleague, Tom, who 13 manages the technical development side of things.

14 Since we provide funding, DOE is also mandated under 15 the National Environmental Policy Act to perform an 16 assessment like this, but in order to avoid 17 duplication, the NRC is leading it, effectively.

18 So I'm here to cover the DOE 19 responsibilities on our side of the house and, in 20 theory, we'll adopt the same document once it's 21 complete. Trying to be streamlined government here.

22 But I don't have a major role in this forum, but if you 23 have any questions on our side of the house, I'm 24 obviously willing to chat with you. I'll turn it over 25 to Michelle Moser who is the, well, she can tell you NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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8 1 who she is.

2 MS. MOSER: Thanks, Randy. I am Michelle 3 Moser. I'm the environmental project manager for the 4 SHINE project. I want to thank you all, again, for 5 coming out here during your busy evening. I hope the 6 information we provide to you today will help you 7 understand what we've done so far, and also, what part 8 you can play as we finalize this document.

9 I'd like to start off by briefly going over 10 the agenda and purpose of the presentation. Today I'm 11 going to discuss the NRC's regulatory role. I'll 12 provide a brief summary of the construction permit 13 review process. I'll provide an overview of the draft 14 environmental impact statement, which you might hear 15 me refer to as an EIS.

16 I'll also discuss the preliminary findings 17 of our environmental review, which addresses the 18 impacts associated with construction, operations and 19 decommissioning. Lastly, I'll describe how you can 20 submit comments. As Alison mentioned, after my 21 presentation is the most important part of the evening, 22 and that is when you all will have the opportunity to 23 provide comments.

24 NRC regulates the commercial use of 25 nuclear materials and facilities. For example, NRC NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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9 1 conducts environmental and safety reviews for nuclear 2 power reactors, research and test reactors, and medical 3 isotope production facilities. In all aspects of 4 NRC's regulation, our mission is threefold: To ensure 5 adequate protection of public health and safety; to 6 promote common defense and security, and to protect the 7 environment. Next slide.

8 The National Environmental Policy Act is 9 the regulation that is the basis for why we are 10 conducting this environmental review. This act 11 establishes a national policy for considering 12 environmental impacts, informing federal decision 13 makers, and disclosing environmental impacts to the 14 public. The NRC's environmental regulations, 15 implementing the requirements of National 16 Environmental Policy Act, are contained in 10CFR Part 17 51.

18 Within 10 CFR Part 51 describes the 19 environmental review process, such as when to prepare 20 an environmental impact statement. I will now briefly 21 describe the construction permit review process. This 22 flowchart highlights the two parallel reviews 23 associated with a construction permit application.

24 One is the safety review, which Steve Lynch 25 is in charge of, and the other is the environmental NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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10 1 review, which we'll be talking about in more depth 2 today. In addition to the safety and environmental 3 reviews, an independent review is performed by the 4 advisory committee on reactor safeguards, commonly 5 referred to as ACRS.

6 The ACRS is an independent group of 7 scientists and nuclear safety experts who serve as a 8 consulting body to the Commission. The ACRS reviews 9 the construction permit application and the NRC staff's 10 safety evaluation report. The ACRS reports their 11 findings and recommendations to the Commission.

12 Typically, these meetings are open to the public, and 13 I'll talk about them in a little more detail in a moment 14 in terms of how they relate to the SHINE review.

15 Additionally, a mandatory hearing will be 16 conducted by the Atomic Safety and Licensing Board, an 17 adjudicatory panel, in support of the review of the 18 construction permit application. The Commission 19 considers the outcome of the hearing process in its 20 decision on whether or not to issue the construction 21 permit. I'm now going to go over some important 22 milestones for the safety review process. As Mirela 23 mentioned, SHINE submitted the construction permit 24 application in 2013, and NRC published notices of 25 acceptance shortly afterwards.

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11 1 The NRC staff has been reviewing the 2 application since 2013. As part of this review, the 3 NRC staff has issued requests for additional 4 information in cases where the staff is seeking 5 clarification on the information that was submitted, 6 or additional details of information that was not 7 included in the application.

8 The NRC staff will begin publishing 9 portions of the safety evaluation report later this 10 month, and will be presenting to the ACRS throughout 11 the summer. Meeting notices will be posted to the NRC 12 website, and we encourage you all to continue to check 13 the website in order to participate in these meetings.

14 The NRC staff expects to publish the final safety 15 evaluation report in October of 2015.

16 As described on the previously slide, part 17 one of the SHINE construction permit application was 18 received in March, 2013, and that's the part that 19 included SHINE's environmental report. A public 20 meeting was held here about two years ago, on July 17th, 21 as part of the environmental scoping process. Some of 22 you may have attended that meeting, which the purpose 23 of that meeting was to gather comments from the public, 24 and local, State and Federal agencies in order to 25 determine what important issues we should look at NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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12 1 within the environmental impact statement.

2 We responded to all the comments received, 3 and any of the comments that were within the scope of 4 the environmental review, are responded to within 5 Appendix A in the draft EIS. The draft EIS was 6 published on May 11th, and we are currently accepting 7 public comments through July 6th. Today's meeting is 8 being transcribed, and the comments provided here will 9 be considered in the same way as any written comments 10 that are received, whether we receive the written 11 comment tonight, through the mail, or through 12 regulations.gov.

13 Once the comment period closes, we will 14 develop the final environmental impact statement, 15 which we expect to publish in October 2015. The final 16 environmental impact statement will include responses 17 to all comments received, and will update the analyses 18 as appropriate.

19 I'm now going to go over an overview of the 20 environmental impact statement, which includes a 21 purpose and need section, a description of the affected 22 environment, the environmental impacts of the proposed 23 action, as well as alternatives to the proposed action, 24 and the NRC staff's preliminary recommendations.

25 As Randy previously mentioned, there are NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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13 1 two agencies, both the NRC and DOE that are preparing 2 this EIS. Therefore, there are also two federal 3 actions. The proposed federal action for the NRC is 4 to decide whether to issue a construction permit, under 5 10 CFR Part 50, that would allow construction of a 6 medical radioisotope facility.

7 If the NRC issues the required permits and 8 licenses, the proposed federal action for the 9 Department of Energy is to decide whether to provide 10 additional cost-sharing financial support to SHINE 11 under a cooperative agreement to accelerate the 12 commercial production of medical radioisotopes without 13 the use of highly enriched uranium.

14 The purpose of and need for this proposed 15 federal action is to provide a medical radioisotope 16 production option that could help fulfill the need for 17 a domestic supply source of medical isotopes. For the 18 past two decades, the U.S. has relied on imported 19 medical radioisotopes. Global shortages of medical 20 radioisotopes in 2009 and 2010 have highlighted the 21 need to ensure a reliable domestic supply. The NRC, 22 however, does not have a role in the planning decisions 23 as to whether a particular radioisotope production 24 facility should be constructed and operated.

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14 1 existing environment on and surrounding the proposed 2 SHINE site. For example, in Chapter 3 of the EIS, the 3 NRC staff describes the existing land uses on and near 4 the proposed site, which includes agricultural fields, 5 open spaces and developed areas. Some environmental 6 impacts could occur beyond the proposed facility, such 7 as air emissions. Therefore, the NRC staff also 8 described the existing environment within five miles 9 of the proposed site.

10 Chapter 4 of the environmental impact 11 statement describes the potential impacts from 12 construction, operations and decommissioning. The 13 NRC established three levels of significance for 14 potential impacts: small, moderate and large. Small 15 impacts occur when the effects are not detectable, or 16 are so minor that they do not noticeably alter any 17 important attributes of the resource.

18 For example, the NRC staff determined that 19 the proposed action would result in small impacts on 20 ecological resources because although construction 21 activities may disturb some wildlife and birds, there 22 is adequate similar habitats nearby, such as other 23 agricultural fields. In addition, once construction 24 activities are complete, birds and wildlife could 25 return to the site.

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15 1 A moderate impact occurs when the effects 2 are sufficient to noticeably alter, but not to 3 destabilize important attributes of the resource. For 4 example, the NRC staff determined that there could be 5 noticeable delays during peak hour traffic at 6 intersections along U.S. Highway 51.

7 A large impact occurs when the effects are 8 clearly noticeable, and are sufficient to destabilize 9 important attributes of the resource. As I will show 10 you on the next slide, the NRC staff did not identify 11 any large impacts associated with the SHINE project.

12 As you can see on this slide, the NRC staff 13 determined that the impacts would be small for all 14 resource areas except for transportation. For 15 transportation, we determined that the impacts could 16 be moderate during construction, mostly due to the 11 17 percent increase in traffic on U.S. Highway 51. During 18 operation, the impacts would be small to moderate due 19 to a slight degradation of service at the intersections 20 of State Trunk Highway 11 and U.S. Highway 51. During 21 decommissioning, the impacts would be moderate due to 22 the additional vehicles from workers, truck deliveries 23 and waste shipments. This could noticeably increase 24 traffic along U.S. Highway 51.

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16 1 Policy Act, the NRC may address other regulatory 2 requirements within its environmental impact 3 statement. For example, the NRC staff conducted a 4 review of potential impacts to threatened and 5 endangered species, as required under the Endangered 6 Species Act. Under this act, the NRC must determine 7 whether threatened and endangered species could occur 8 on the proposed site and, if so, how the proposed action 9 could affect these species.

10 Under the National Historic Preservation 11 Act, the NRC staff first determines whether historic 12 properties would be affected by the proposed action 13 and, if so, if the effects would be adverse. For the 14 staff's review of environmental justice, the NRC staff 15 examines whether the proposed action could have 16 disproportionately high and adverse impacts on 17 minority or low-income populations.

18 The NRC staff determined that the proposed 19 action would have no effect on threatened and 20 endangered species. This determination was made, in 21 part, because the proposed site does not provide 22 suitable habitat for any threatened or endangered 23 species. The NRC staff also determined that the 24 proposed action would have no adverse effects on 25 historic resources, and no disproportionately high and NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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17 1 adverse impacts on minority or low-income populations.

2 Next slide.

3 The NRC staff also considered cumulative 4 impacts. Cumulative impacts are the overlapping 5 impacts of the proposed action, and other past, present 6 and reasonably foreseeable activities. These 7 activities are unrelated to SHINE, such as climate 8 change or future urbanization. For this review, the 9 NRC staff determined that the potential cumulative 10 impacts would be moderate for ecological resources.

11 This is primarily due other activities unrelated to 12 SHINE, such as the impacts from climate change on 13 ecological resources and agricultural runoff.

14 As previously mentioned on the last slide, 15 the impacts from just the SHINE project would be small 16 on ecological resources. For traffic, the NRC staff 17 determined that the cumulative impacts would be small 18 to moderate primarily based on the impacts from the 19 proposed SHINE project. The NRC staff determined that 20 the cumulative impacts to all other resource areas 21 would be small.

22 Chapter 5 of the environmental impact 23 statement compares the environmental impacts of the 24 proposed action with various alternatives. For this 25 analysis, the NRC staff examined two alternative sites, NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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18 1 Chippewa Falls and Stevens Point. Both of these sites 2 were considered in SHINE's environmental report as part 3 of its site selection process.

4 The NRC staff found slightly higher 5 environmental impacts at both alternative sites. At 6 Chippewa Falls, the staff determined that the impacts 7 could be small to moderate for noise and 8 transportation, and small for all other resource areas.

9 At Stevens Point, the NRC staff determined that the 10 impacts could be small to moderate for visual 11 resources, noise and transportation, and small for all 12 other resource areas. If you remember, at the SHINE 13 site, the impacts were small for all resource areas, 14 except for transportation.

15 The NRC staff also examined one 16 alternative technology, which was linear 17 accelerator-based. For the purpose of this analysis, 18 the NRC staff used the environmental parameters in 19 DOE's environmental assessment for the NorthStar 20 radioisotope production facility because this 21 commercial entity was awarded a cooperative agreement 22 by DOE, and because sufficient environmental data 23 exists for this proposed technology.

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19 1 accelerator-based technology was constructed at the 2 proposed SHINE site. We determined that the impacts 3 would be the same as what we find for the proposed SHINE 4 facility.

5 Lastly, the NRC staff evaluated the 6 no-action alternative, or the impacts if the NRC staff 7 denied the construction permit application. The staff 8 found that the impacts would be small for all resource 9 areas. This alternative, however, does not fill the 10 stated purpose and need.

11 The NRC staff's preliminary 12 recommendation is that, after weighing the 13 environmental, economic, technical and other benefits 14 against environmental and other costs, and considering 15 reasonable alternatives the NRC staff recommends the 16 issuance of the construction permit to SHINE, unless 17 safety issues mandate otherwise. Next slide.

18 I would like to emphasize that the 19 environmental review is not yet complete. Your 20 comments received today, and all comments received by 21 July 6th, will be considered as we develop the final 22 EIS. These comments, and any comments that are within 23 the scope of the environmental review, can help to 24 change the staff's findings.

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20 1 final recommendation on the acceptability of issuing 2 the construction permit based on the work we've already 3 performed and any new information that we receive in 4 the form of comments or otherwise during the comment 5 period. The NRC staff will address written comments 6 in the same way we address spoken comments that are 7 received today.

8 You can submit your written comments 9 either online, sending it to us by mail or writing it 10 down on the paper that we have outside. As we mentioned 11 before, I'm the primary contact for the environmental 12 review, so please feel free to contact me if you have 13 any questions regarding the environmental review.

14 Steve Lynch is the primary contact for all other aspects 15 of the review.

16 A paper copy of the draft EIS is currently 17 at the Hedberg Public Library. I believe we have a few 18 extra copies outside if you would like one. You can 19 also find electronic copies of the draft EIS online, 20 and we have a few CDs outside. This concludes my 21 presentation, and I'm now going to turn it back over 22 to Alison.

23 MS. RIVERA: Thank you, Michelle, and 24 thank you everyone for your thoughtful attention during 25 the presentation. We're now going to move into the NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1323 RHODE ISLAND AVE., N.W.

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21 1 public comment period. But, as I did not receive any 2 yellow cards for pre-registered speakers, before I go 3 over the instructions for speakers, I wanted to see if 4 anyone had decided to speak.

5 I'm seeing none, so I will remind you that 6 there is opportunity, if you don't wish to speak, for 7 writing your comments outside or through submissions 8 of any of the ways that were listed on the slides.

9 Again, we appreciate your time and attention, and 10 coming out here to the public meeting on the draft 11 environmental impact statement for the proposed SHINE 12 medical radioisotope production facility.

13 Comments will continue to be accepted 14 through July 6th, and if anyone did not receive a copy 15 of the draft environmental impact statement, and would 16 like to be added to the distribution, please see 17 Michelle after the meeting, and NRC staff may be around 18 for a few minutes afterwards. I'm now going to turn 19 over the meeting to Mirela for some closing remarks.

20 MS. GAVRILAS: I would like to thank 21 everybody for being here, and you know where to reach 22 us. If we can answer any questions, feel free to 23 contact Michelle 24 (Whereupon at 7:20 p.m. the 25 meeting was concluded.)

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