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July 27, 2022, Shine Draft Supplemental Environmental Impact Statement Public Meeting - Transcript
ML22258A314
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Issue date: 07/27/2022
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Official Transcript of Proceedings

NUCLEAR REGULATORY COMMISSION

Title:

SHINE Draft Supplemental Environmental Impact Statement Public Environmental Scoping Meeting

Docket Number: 05000608 - SHINE Medical Technologies, Inc.

Location: teleconference

Date: Wednesday, July 27, 2022

Work Order No.: NRC-2055 Pages 1-16

NEAL R. GROSS AND CO., INC.

Court Reporters and Transcribers 1716 14th Street, N.W.

Washington, D.C. 20009 (202) 234-4433 1

UNITED STATES OF AMERICA

NUCLEAR REGULATORY COMMISSION

+ + + + +

SHINE DRAFT SUPPLEMENTAL ENVIRONMENTAL IMPACT

STATEMENT PUBLIC ENVIRONMENTAL SCOPING MEETING

+ + + + +

WEDNESDAY,

JULY 27, 2022

+ + + + +

The Public Meeting met via

Videoconference, at 7:05 p.m. EDT, Lance Rakovan,

Environmental PM, presiding.

PRESENT:

LANCE RAKOVAN, Environmental Project Manager, NRC

MIKE BALAZIK, Safety Project Manager, NRC

JOHN MOSES, Deputy Director, Division of Rulemaking,

Environmental, and Financial Support, NRC

MIKE O'NEILL, Public Commenter

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P R O C E E D I N G S

(4:05 p.m.)

MR. RAKOVAN: My name is Lance Rakovan, I

am the Project Manager for the SHINE isotope production

facility, and I will be giving the presentation

tonight.

Just a few things before we get started.

I want to go through kind of what to expect tonight in

terms of the presentation. And then of course we would

like to get to the point where we can open the floor

to receiving public comments, which is the real reason

for being here tonight.

Again, we're looking for comments on NUREG

2183 Supplement 1 by the NRC's numbering. That would

be the draft Environmental Impact Statement, or EIS,

related to the operating license for the SHINE medical

isotope production facility. I wanted to go ahead and

read that because it is quite a mouthful.

So our agenda for tonight, really I'll be

going over a presentation, then I'll provide a bit on

the NRC's regulatory role, some background on SHINE,

go through some details on our environmental review

including our preliminary findings, talk about our path

forward in terms of environmental review milestones,

and then of course, as I said, open up the floor to

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public comments.

At this point, everyone is more or less

muted, and so once we get to that point where it's time

to take public comments, we'll go ahead and ask folks

to raise your hand or do something to get our attention,

and we'll allow folks to unmute at that time.

I would like to point out the fact that we

do have John Moses on the line tonight. John is the

Deputy Director of the NMSS Division of Rulemaking

Environmental and Financial Support. That is the part

of the NRC that has the lead for the environmental

review for the SHINE facility. So we appreciate John

joining us tonight.

We also have several other NRC staff that

are with us that can -- that are here to listen to

comments that have been involved in the environmental

review. And if there's any clarifying comments or if

there's confusion on my presentation, then they can

pitch in and help me with that as well.

So let's go ahead get started with the

presentation. Just a little bit on NRC's regulatory

rule. Our governing statutes come from the Atomic

Energy Act and the Energy Reorganization Act. What

helps direct how we conducted this environmental review

comes from the National Environmental Policy Act, or

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NEPA, as you'll hear it mentioned tonight.

Our mission is to protect public health and

safety, promote the common defense and security, and

of course, as we'll be speaking of tonight, to protect

the environment.

A little bit of background on SHINE. In

2015, the NRC and the U.S. Department of Energy,

National Nuclear Security Administration, issued NUREG

2183. Again, that's NRC numbering, which was the

Environmental Impact Statement for the construction

permit for theSHINE medical radioisotope production

facility.

Now, this discusses the environmental

impacts of construction, operating and decommissioning

of a medical radioisotope production facility that

could help meet the need for a domestic source for

molybdenum-99. At the conclusion of the safety

environmental reviews, the NRC issued a construction

permit for SHINE on February 29, 2016.

In July of 2019, SHINE Medical

Technologies LLC submitted an application for an

operating license for the SHINE facility and commenced

NRC-authorized construction. And then in October

2019, SHINE commenced --oh, I'm sorry. In 20 --in

October 2019, they commenced NRC-authorized

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construction of the SHINE facility.

So in construction --inconnection with

SHINE's operating license application, the NRC has

referred -- there are supplements to NUREG 2183, which

I'll also refer to as the final Environmental Impact

Statement, or F-E-I-S, or FEIS.

The purpose of the supplement is to

evaluate the environmental impact of the SHINE facility

with respect to any changes in the facility design, the

radioisotope production process, or the environment

since the publication of the -- of the Final

Environmental Impact Statement.

I know that terminology is a bit confusing,

given that is a -- that was a final Environmental Impact

Statement, and we are now supplementing it. But thats

the terms that we use, I apologize if that's confusing.

The supplement updates information and

only covers matters that differ from the initial Final

Environmental Impact Statement, or that reflect

significant new information. So that was the focus of

our review, when it came to the production of this

supplement document.

So the way that the impacts are defined for

the most part would be small, moderate, and large. And

again, you know, we're looking to kind of characterize

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what we see as the impacts of the operation of this

facility in terms of either being not detectable, or

they're so minor that they'll neither stabilize nor

noticeably alter any important attribute of a

particular resource being small.

Sufficient to alter noticeably but not

destabilize in terms of moderate. And clearly

noticeable and sufficiently to destabilize a core

attribute of a particular resource would be

characterized as large.

A few special ones to focus on would be

involving the Endangered Species Act. So these would

be federally listed species and critical habitats. So

these would be characterized as no effect, may affect

but is not likely to adversely affect, or may affect

and is likely to adversely affect or adversely modify.

Again, it's similar to the previous, but it's just a

little bit different.

We also have environmental justice. And

in terms of that the label would be that it would

disproportionately hide adverse human health and

environmental effects. So that's, again, just a

special label that we'll be discussing.

So in terms of the preliminary results, it

is really where we came out on all the applicable

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categories that you can see here are all small. So

again, we would expect to see little to no impact to

these particular environmental aspects as part of the

changes or the updates from what we saw from the

original Environmental Impact Statement, given the new

information thatwas provided to us.

So about the positive, there was one

change. There was initial, or there was a change in

terms of I believe transportation that came down to

small, again, due to a change between the initial NUREG

document and this supplement. So again, when it comes

to all these categories, we're looking at a small

impact.

Now, for a couple of the other cases for

the federally listed species and critical habitat,

there's no effect expect. None of the four evaluated,

threatened, and endangered species are present in the

action area. So again, we don't expect an impact

there.

In terms of environmental justice,

minority and low income populations are not expected

to experience any disproportionately high and adverse

human health or environmental effects. So again,

that's a positive.

And cumulative impacts, which I will

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discuss. Cumulative impacts are the impacts on the

environment that result from incremental impacts of an

action. So when you're adding these to other past,

present, and reasonably foreseeable future actions,

regardless of which agency, federal, non-federal, or

person would do such an action.

So it's an attempt to make sure that when

you add the construction and operation of this facility

onto whatever else is going on in the area, that it

doesn't create some sort of, you know, unforeseen

impact if we were just narrowly focusing on the facility

itself.

And again, these are -- these are unchanged

from the -- from the original NUREG 2183 from the Final

Environmental Impact Statement. So there's no change

from that, which, again, was originally positive.

So here's our preliminary recommendation.

After weighing the environmental, economic, technical,

and other benefits against environmental and other

costs, the NRC staff's preliminary recommendation,

unless, safetyissues mandate otherwise, is that the

operating license be issued as proposed.

So we're basing our recommendation on the

application, including SHINE's supplemental impact --

environmental report; consultation with federal;

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state; tribal; and local agencies; staff independent

review, which is documented in the supplement; and

consideration of public comments that were received in

production of that document.

So again, unless there is some safety issue

that comes up, from an environmental standpoint we

recommend that the operating license be issued as it

was --as proposed.

In terms of moving forward, the SEIS, the

supplement to the Environmental Impact Statement, was

issued in June. The public comment period started on

July 8 and will end on August 22, for which this meeting

of course is part of that commenting period. And we're

looking to issue the final supplement by the end of the

year.

So in terms of availability, there is a

hard copy of the draft supplement to the Environmental

Impact Statement at the Hedberg Public Library. You

can also find it on the SHINE website, or you can find

it in ADAMS, which is our Agency-wide Documents Access

and Management System.

I believe that there was an error in the

slides that were originally posted for this meeting.

That 9 that I have there in red was omitted. But I

believe the correction has been made, so the file that

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you find in ADAMS with these slides should have the

correct number and correct link in it.

But again, just in case you saw a previous

version of the slide, this was an error, and so I wanted

to make sure that I brought attention to that.

So in terms of how to submit comments,

there is numerous ways that you can do so. We're

looking at the docket ID NRC 2022-0135. So if you send

us comments, that will help us kind of trace it back

to this action. You can go to the regulations.gov

website, which is a great way to do it, and again, search

for that docket number, which is NRC-2022-0135.

If you wish to provide your comments in

hard copy, you can mail them to our Office of

Administration, and that is at Washington, DC 20555.

We have set up an email account to provide comments to,

so that's SHINEEnvironmental. So just smashing SHINE

and Environmental together @NRC.gov.

And again, if you came in late, my name is

Lance Rakovan, I'm the environmental PM for this

project. So you can reach me at (301)415-2589 if you

have any questions. Or you can send me an email at

lance.rakovan, that's R-A-K-O-V as in Victor, A-N as

in Nancy, @NRC.gov. Again, if you have any questions,

or you can send me your comments as well.

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Again, the public commenting period is

open until August 22. Any comments that we receive

after that time we will attempt to address, but we

cannot guarantee that we'll be able to do so.

All right, so before we open things to

comments, actually, I'd like to pause for a moment to

see if anyone has any questions, any clarifying

questions about my presentation. I know I covered a

lot of information at a very high level. And if you

look at the draft supplement document, we go into a lot

more detail, as you'll quickly see.

So if youhave a question about anything

that I covered, if you are on the Teams, if you could

use your -- the raise-your-hand feature, I can notice

that you would like to get some attention and I can allow

you to unmute your mic. I cannot directly unmute your

mic because that could be awkward if you weren't

prepared for me to unmute your mic at the time that I

did so, all I can do is allow your mic, and then you

will have to unmute yourself.

If you are on the phone line, you can raise

your hand by hitting star-5, that's star-5. And then

when I have allowed your microphone, you can hit star-6

to unmute yourself.

So I'll just pause for a moment. If,

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again, if anyone has any clarifying questions about my

presentation. All right, I do have a hand.

All right, Mr. O'Neill, I allowed your

microphone, if you would like to unmute yourself.

MR. O'NEILL: Thanks a lot for this

presentation. I really appreciate the information.

My question is one about process.

In your preliminary recommendation, you

note that the -- the staff's preliminary conclusion is

subject to safety considerations. I'm wondering where

in the process is there a determination on safety

considerations. Kind of where does that fit in to the,

you know, vis-a-vis the NEPA analysis here? Thanks a

lot.

MR. RAKOVAN: Sure, of course. We do have

the Safety Project Manager on the line tonight. If he

is willing to speak up. Mike?

MR. BALAZIK: Hi, yeah. Hi, my name's

Mike Balazik, I'm the NRC project manager for the SHINE

review. Right now we are actively reviewing the

application from a safety standpoint. We're engaged

right now with the Advisory Committee on Reactor

Safeguards, where they review the SHINE application and

the staff's review.

So it's actively --the safety review is

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actively going on right now, if that answers your

question.

MR. RAKOVAN: Great, thank you very much.

Sorry about that. Any other clarifying questions

about the presentation at this time?

Okay, seeing no hands, let's go ahead and

open it up to any comments that you may have on the draft

Environmental Impact Statement supplement.

Again, if you are on Teams, you can use the

raise-your-hand feature, which would be under

Reactions. And then I will allow your microphone so

you can unmute yourself. If you are on the phone, hit

star-5, and that will essentially be the same for me

as seeing your hand raised. And once I allow your

microphone, you can unmute yourself and provide a

comment.

So we'll go ahead and pause now to see if

anyone has any comments they'd like to share.

All right, so while we're waiting, I will

go ahead and go back. Just in case you don't feel like

providing your comments through this forum, which is

fine, I'll go back and go through how to submit your

comments through other means.

Again, we have the federal rulemaking

website, regulations.gov, which is a great way to

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submit your comments. You can search a docket ID,

NRC-2022-0135. If you wish to provide your comments

through snail mail, you can send them to our Office of

Administration at the NRC, Washington, DC 20555.

The email account that we have set up to

receive comments is SHINEEnvironmental. So it's one

word, SHINE and Environmental shoved together,

@NRC.gov. And again, if you have any questions about

any of this, you can reach out to me, Lance Rakovan,

at (301)415-2589, or by email, lance.rakovan,

R-A-K-O-V-A-N @NRC.gov.

So just to let folks know, I'm going to be

online for -- until eight o'clock Central Time just in

case folks pop up. So I'm going to be here. If anyone

has a comment that they would like to make during this

time, by all means. Again, I'll be monitoring the

line, so you can raise your hand, get my attention. And

I'll go ahead and allow your microphone.

I don't know if all of the NRC staff who

are currently on the line are going to stick on or not,

that's up to them.

But I do note that there a few external

attendees, so I will ask one more time before we do kind

of a soft closure of the meeting, I don't know, before

we go into an extended time, if anyone has any comments

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that they would like to make. And if not, we'll go

ahead and kind of go into hibernation mode, if you will,

but I intend to stay on the line.

All right, I'm not seeing any hands. All

right, so I'm going to go into what I'm kind of calling

the extended meeting commenting period. Again, kind

of doing a soft closure to the meeting at this point.

I'm probably going to drop off video. But I intend to

stay on board.

You are welcome to stay on boardwith me

if you are on this line until nine o'clock. If anybody

-- I'll probably come on every, you know, ten minutes

or so just to check to make sure that nobody has a

comment if folks are on the line. But at this point,

I'm going to go off camera.

And again, if you wish to make a comment,

I will be here. But we're going to kind of, you know,

more or less wrap up the meeting at this point. So if

you have a comment, or you know, wish to raise your hand,

happy to unmute your mic -- or allow your microphone.

But at this point, I think we've covered

everything and no one seems to have any comments. So

if you wish to drop off, thank you for your time tonight.

If you wish to stay on board, you're certainly welcome

to. I will be here until eight o'clock Central.

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Okay, thank you, everyone. Again, you're

welcome to stay on the line.

(Whereupon, the above-entitled matter

went off the record at 7:28 p.m.)

NEAL R. GROSS COURT REPORTERS AND TRANSCRIBERS 1716 14th STREET, N.W., SUITE 200 (202) 234-4433 WASHINGTON, D.C. 20009-4309 www.nealrgross.com