ML17331B445
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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON , D.C. 20555-0001 November 22 , 2017 Governor Bill Anoatubby Governor, Chickasaw Nation P.O. Box 1548 Ada, OK 74821
Dear Governor Anoatubby:
I am writing to notify you that the Commission is convening an evidentiary hearing on January 23 , 2018 , for the construction permit application associated with the proposed Northwest Medical Isotopes facility in Columbia, Missouri. Enclosed is a Notice of Hearing regarding the mandatory hearing that has been sent to the Office of the Federal Register for publication .
The Commission 's procedures allow any interested State , local government body, or federally recognized Indian Tribe to file with the Commission a statement of any issues or questions that the State, local government body, or Indian Tribe wishes the Commission to consider as part of the mandatory hearing. Written statements from interested governmental or Tribal participants are due by December 18, 2017.
As provided in the enclosed Notice of Hearing, written statements and supporting documentation (if any) should be submitted to the Commission using the agency's E-filing system. If practicable , we request that written statements be filed using the Electronic Information Exchange (EIE). If your staff does not already have a digital certificate for EIE , they will need to visit the NRC website and use the following hyperlink https://pki.nrc.gov/ecs/apps/eie/dcc-eie-adj.html, titled "External Credential Service for the Electronic Submittals - Adjudicatory." If your staff requires assistance in navigating the agency's E-filing system , they should contact the NRC's Electronic Submittals Help Desk by email at Meta System Help Desk.Resource@nrc.gov or by telephone toll free at (866) 672-7640 from 9:00 a.m. to 6:00 p.m. Eastern Time, Monday through Friday, with the exception of government holidays. Participants who are unable to use the EIE , or who will have difficulty complying with the EIE requirements in the time frame provided , may submit their statements by electronic mail to hearingdocket@nrc.gov.
In addition , the staff has recently provided the Commission a paper regarding this matter entitled "SECY-17-0130, Staff Statement in Support of the Uncontested Hearing for Issuance of a Construction Permit for the Northwest Medical Isotopes, LLC Production Facility," dated , November 16, 2017. The paper may be found on the NRC public website at http://www.nrc.gov/reading-rm/doc-collections/commission/secy/2017/.
Sincerely,
~~-~Annette L. Vietti-Cook
Enclosure:
Federal Register Notice
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-609; NRC-2013-0235]
Northwest Medical Isotopes, LLC; Notice of Hearing AGENCY: Nuclear Regulatory Commission.
ACTION: Construction permit application; Notice of hearing .
SUMMARY
- The U.S. Nuclear Regulatory Commission (NRC or the Commission) will convene an evidentiary session to receive testimony and exhibits in the uncontested proceeding regarding the application from Northwest Medical Isotopes, LLC (NWMI), for a construction permit (CP) to construct a medical radioisotope production facility in Columbia , Missouri. This mandatory hearing will consider safety and environmental matters relating to the requested CP.
DATES: The hearing will be held on January 23, 2018, beginning at 9:00 a.m. Eastern Time.
For the schedule for submitting pre-filed documents and deadlines affecting Interested Government Participants, see Section VI of the SUPPLEMENTARY INFORMATION section of this document.
ADDRESSES: Please refer to Docket ID 50-609 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:
- NRC's Electronic Hearing Docket: You may obtain publicly available documents related to this hearing on line at http:llwww.nrc.gov/about-nrclregulatoryladiudicatory.html.
- NRC's Agencywide Documents Access and Management System (ADAMS):
You may obtain publicly available documents online in the ADAMS Public Documents collection at http:llwww.nrc.gov/reading-rmladams.html. To begin the search , select "ADAMS Public Documents," and then 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 e-mail to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced (if that document is available in ADAMS) is provided the first time that a document is referenced .
- NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR , Room 01-F21, One White Flint North, 11555 Rockville Pike, Rockville , Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Denise McGovern , Office of the Secretary, U.S.
Nuclear Regulatory Commission , Washington , DC 20555-0001 , telephone : 301-415-0681 ;
e-mail: Denise.McGovern@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. BACKGROUND The Commission hereby gives notice that, pursuant to Section 189a of the Atomic Energy Act (AEA) of 1954, as amended (the Act) , it will convene an evidentiary session to receive testimony and exhibits in the proceeding regarding the NWMI application for a CP under part 50 of title 10 of the Code of Federal Regulations (10 CFR), to construct a medical radioisotope production facility in Columbia, Missouri.
Part one of NWMl's two-part application was submitted by letter dated February 5, 2015 (ADAMS Accession No. ML15086A261), and by letter dated July 20, 2015 (ADAMS Accession No. ML 1521 OA 182), NWMI submitted the second part of its application. Revision 3 of the application may be viewed at ADAMS Accession No. ML17257A019.
The NRC staff's Environmental Impact Statement and Safety Evaluation Report may be viewed at ADAMS Accession Nos. ML17130A862 and ML17310A365, respectively. This mandatory hearing will concern safety and environmental matters relating to the requested construction permit application, as more fully described below.
- 11. EVIDENTIARY UNCONTESTED HEARING The Commission will conduct this hearing beginning at 9:00 a.m., Eastern Time on January 23, 2018, at the Commission 's headquarters in Rockville, Maryland. The hearing will continue on subsequent days, if necessary.
Ill. PRESIDING OFFICER The Commission is the presiding officer for this proceeding .
IV. MATTERS TO BE CONSIDERED The matter at issue in this proceeding is whether the review of the NWMI CP application by the Commission 's staff has been adequate to support the findings found in 10 CFR 50.35, 50.40, 50.50, and 10 CFR 51 .105. Those findings are as follows:
Issues Pursuant to the Atomic Energy Act of 1954, as Amended With respect to the CP: ( 1) whether the applicant has described the proposed design of the facility, including , but not limited to , the principal architectural and engineering criteria for the design , and has identified the major features or components incorporated therein for the protection of the health and safety of the public; (2) whether such further technical or design information as may be required to complete the safety analysis, and which can reasonably be left for later consideration , will be supplied in the final safety analysis report (3) whether safety features or components , if any, which require research and development have been described by the applicant and the applicant has identified, and there will be conducted , a research and development program reasonably designed to resolve any safety questions associated with such features or components ; (4) whether on the basis of the foregoing , there is reasonable assurance that, (i) such safety questions will be satisfactorily resolved at or before the latest date stated in the application for completion of construction of the proposed facility, and (ii) taking into consideration the site criteria contained in 10 CFR part 100, the proposed facility can be constructed and operated at the proposed location without undue risk to the health and safety of the public; (5) whether there is reasonable assurance (i) that the construction of the facility will not endanger the health and safety of the public, and (ii) that construction activities can be conducted in compliance with the Commission's regulations ; (6) whether the applicant is technically and financially qualified to engage in the proposed activities in accordance with the Commission 's regulations in chapter I of title 10 of the CFR; (7) whether the issuance of a permit for the construction of the facility to the applicant will not, in the opinion of the Commission , be inimical to the common defense and security or to the health and safety of the public; and (8) whether the application meets the standards and requirements of the AEA and the Commission 's regulations , and that notifications, if any, to other agencies or bodies have been duly made.
Issues Pursuant to the National Environmental Policy Act (NEPA) of 1969 With respect to the CP: (1) determine whether the requirements of Sections 102(2)(A),
(C), and (E) of NEPA and the applicable regulations in 10 CFR part 51 have been met; (2) independently consider the final balance among conflicting factors contained in the record of the proceeding with a view to determining the appropriate action to be taken ; (3) determine, after weighing the environmental, economic, technical , and other benefits against environmental and other costs, and considering reasonable alternatives, whether the construction permit should be issued , denied , or appropriately conditioned to protect environmental values ; and (4) determine whether the NEPA review conducted by the NRC staff has been adequate.
V. SCHEDULE FOR SUBMITTAL OF PRE-FILED DOCUMENTS No later than January 2, 2018, unless the Commission directs otherwise, the NRC staff and the applicant shall submit a list of its anticipated witnesses for the hearing.
No later than January 2, 2018, unless the Commission directs otherwise, the applicant shall submit its pre-filed written testimony. The NRC staff submitted its pre-filed testimony on November 16, 2017.
The Commission may issue written questions to the applicant or the NRC staff before the hearing. If such questions are issued , an order containing such questions will be issued no later than December 20, 2017 . Responses to such questions are due January 2, 2018, unless the Commission directs otherwise.
VI. INTERESTED GOVERNMENT PARTICIPANTS No later than December 18, 2017, any interested State, local government body, or Federally-recognized Indian Tribe may file with the Commission a statement of any issues or questions that the State, local government body, or Indian Tribe wishes the Commission to give particular attention as part of the uncontested hearing process. Such statement may be accompanied by any supporting documentation that the State, local government body, or Indian Tribe sees fit to provide. Any statements and supporting documentation (if any) received by the Commission using the agency's E-filing system 1 by the deadline indicated above will be made part of the record of the proceeding . The Commission will use such statements and documents as appropriate to inform its pre-hearing questions to the NRC staff and applicant, its inquiries at the oral hearing , and its decision following the hearing. The Commission may also request, no later than December 20, 2017, that one or more particular States, local government bodies, or Indian Tribes send one representative each to the evidentiary hearing to answer Commission questions and/or make a statement for the purpose of assisting the Commission's exploration of one or more of the issues raised by the State, local government body, or Indian Tribe , in the pre-hearing filings described above. The decision whether to request the presence of a representative of a State, local government body, or Indian Tribe at the evidentiary hearing to make a statement and/or answer Commission questions is solely at the Commission's discretion. The Commission's request will specify the issue or issues that each representative should be prepared to address.
Many of the procedures and rights applicable to the inherently adversarial nature of NRC's contested hearing process are not available in this uncontested hearing . Participation in the NRC's contested hearing process is governed by 10 CFR 2.309 (for persons or entities, including a State, local government, or Indian Tribe seeking to file contentions of their own) and 10 CFR 2.315(c) (for an interested State, local government, or Federally-recognized Indian Tribe seeking to participate with respect to COr)tentions filed by others). Participation in this 1
The process for accessing and using the agency's E-filing system is described in the May 24, 2016, notice of hearing (81 FR 32793) that was issued by the Commission for this proceeding. Participants who are unable to use the electronic information exchange (EIE), or who will have difficulty complying with EIE requirements in the time frame provided for submission of written statements, may provide their statements by electronic mail to hearingdocket@nrc.gov.
uncontested hearing does not affect the right of a State, a local government, or an Indian Tribe to participate in the separate contested hearing process.
Dated at Rockville , Maryland , this 21st day of November, 2017.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook, Secretary of the Commission .
Identical letters sent to :
Governor Bill Anoatubby Chairman Robert Flying Hawk Chickasaw Nation Yankton Sioux Tribe of South Dakota P.O. Box 1548 P.O. Box 1153 Ada , OK 74821 Wagner, SD 57380 Principal Chief Bill John Baker President Deborah Dotson Cherokee Nation Delaware Nation , Oklahoma P.O. Box 948 P.O. Box 825 Tahlequah , OK 74465 Anadarko , OK 73005 Chairman John "Rocky" Barrett Chairman Earl S. Howe Ill Citizen Potawatomi Nation , Oklahoma Ponca Tribe of Indians of Oklahoma 1601 South Gordon Cooper Drive 20 White Eagle Drive Shawnee , OK 74801 Ponca City, OK 74601 Governor Edwina Butler-Wolfe Chair Jacque Secondine Hensley Absentee-Shawnee Tribe of Indians of Kaw Nation, Oklahoma Oklahoma Drawer 50 , 698 Grandview Drive 2025 South Gordon Cooper Drive Kaw City, OK 74641 Shawnee , OK 74801 Chief Douglas G. Lankford Chairperson Tamara Francis Miami Tribe of Oklahoma Caddo Nation of Oklahoma P.O. Box 1326 P.O. Box 487 Miami , OK 74355 Binger, OK 73009 Chairman Frank White Chief Billy Friend Winnebago Tribe of Nebraska Wyandotte Nation P.O . Box 687 64700 East Highway 60 Winnebago , NE 68071 Wyandotte , OK 74370 Chairman Michael D. Wolfe Chief John P. Froman Omaha Tribe of Nebraska Peoria Tribe of Indians of Oklahoma P.O. Box 368 P.O. Box 1527 Macy, NE 68039 Miami , OK 74355 Chairperson Liana Onnen Chairperson Tiauna Carnes Prairie Band Potawatomi Nation Sac and Fox Nation of Missouri in 16281 Q Road Kansas and Nebraska Mayetta, KS 66509 305 North Main Street Reserve , KS 66434
Principal Chief Kay Rhoades Chairman Anthony Waseskuk Sac and Fox Nation , Oklahoma Sac and Fox Tribe of the Mississippi in 920883 South Highway 99 , Building A Iowa Stroud , OK 74079 349 Meskwaki Road Tama, IA 52339-9629 Ch ief Ron Sparkman Shawnee Tribe P.O. Box 189 Miami , OK 74355 Principal Chief Geoffrey Standing Bear The Osage Nation P.O. Box 779 Pawhuska, OK 74056 John Fox The Osage Nation P.O. Box 779 Pawhuska, OK 74056 Chairman John R. Shotton Otoe-Missouria Tribe of Indians, Oklahoma 8151 Highway177 Red Rock, OK 74651 Chairman Tim Rhodd Iowa Tribe of Kansas and Nebraska 3345 B. Thrasher Road White Cloud , KS 66094 Chairman Bobby Walkup Iowa Tribe of Oklahoma 335588 East 750 Road Perkins, OK 74059 Chief Glenna J. Wallace Eastern Shawnee Tribe of Oklahoma 12755 S. 705 Rd.
Wyandotte , OK 74370 Chairman Larry Wright Jr.
Ponca Tribe of Nebraska 2521 Spruce Avenue P.O. Box 288 Niobrara, NE 68760