[Federal Register Volume 79, Number 132 (Thursday, July 10, 2014)]
[Notices]
[Pages 39413-39415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16171]


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NUCLEAR REGULATORY COMMISSION

Atomic Safety and Licensing Board Hearing

[Docket No. 40-9075-MLA; ASLBP No. 10-898-02-MLA-BD01]


In The Matter of Powertech USA, INC. (Dewey-Burdock In Situ 
Uranium Recovery Facility)

July 3, 2014.

    Before Administrative Judges: William J. Froehlich, Chairman, 
Dr. Richard F. Cole, Dr. Mark O. Barnett.

Notice of Opportunity To Make Oral and Written Limited Appearance 
Statements

    This Atomic Safety and Licensing Board hereby gives notice that it 
will accept oral and written limited appearance statements from members 
of the public regarding the application of Powertech, USA, Inc. 
(Powertech) to the United States Nuclear Regulatory Commission (NRC) 
for a license to construct and operate an in-situ leach uranium 
recovery facility in Custer and Fall River Counties, South Dakota. Two 
sessions to hear oral limited appearance statements will be held on 
August 18, 2014, in Hot Springs, South Dakota.

I. Background and Scope of Proceeding

    On January 5, 2010, the NRC published a notice in the Federal 
Register that any interested person could file a challenge to 
Powertech's application to construct and operate an in-situ leach 
uranium recovery facility and could request an adjudicatory hearing 
thereon.\1\ In response to that Notice, two groups, the Oglala Sioux 
Tribe and the Consolidated Intervenors, challenged Powertech's 
application and requested a hearing.\2\ On March 12, 2010, this Board 
was established to handle the matter and to preside over

[[Page 39414]]

any contested adjudicatory proceeding relating to the Powertech 
application.\3\ On August 5, 2010, this Board granted the Intervenors' 
requests, ruling that they had shown standing and had raised at least 
one admissible contention.\4\ The scope of this contested adjudicatory 
proceeding, and thus the appropriate scope of any limited appearance 
statements, is defined by the contentions that have been raised by the 
Intervenors and that have been admitted, i.e., have been ruled to 
satisfy the requirements set forth in the relevant NRC regulation, 10 
CFR 2.309(f)(1).
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    \1\ 75 FR 467 (January 5, 2010) (ADAMS Accession No. 
ML100060051).
    \2\ Consolidated Request for Hearing and Petition for Leave to 
Intervene (March 8, 2010) (ADAMS Accession No. ML100680010); 
Petition to Intervene and Request for Hearing of the Oglala Sioux 
Tribe (Apr. 6, 2010) (ADAMS Accession No. ML100960645).
    \3\ Establishment of Atomic Safety and Licensing Board (March 
12, 2010) (unpublished) ADAMS Accession No. ML100710413); see also 
Powertech (USA) Inc.; Establishment of Atomic Safety and Licensing 
Board, 75 FR 13141 (March 18, 2010).
    \4\ See LBP-10-16, 72 NRC 361 (2010) (ADAMS Accession No. 
ML102170300).
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II. Matters To Be Considered

    Contentions 1A, 1B, 2, 3, 4, 6, 9, 14A, and 14B have been admitted 
and will be at issue in the evidentiary hearing. These contentions 
generally concern the adequacy of (1) the project's protection of 
historical and cultural resources, and (2) the agency's Final 
Supplemental Environmental Impact Statement (FSEIS) analysis of the 
project's impacts on the water and ecosystem of the surrounding area. 
The Board seeks public input on these issues, specifically:
    Contention 1A: Failure to Meet Applicable Legal Requirements 
Regarding Protection of Historical and Cultural Resources.
    Contention 1B: Failure to Involve or Consult All Interested Tribes 
as Required by Federal Law.
    Contention 2: The FSEIS Fails to Include Necessary Information for 
Adequate Determination of Baseline Ground Water Quality.
    Contention 3: The FSEIS Fails to Include Adequate Hydrogeological 
Information to Demonstrate Ability to Contain Fluid Migration and 
Assess Potential Impacts to Groundwater.
    Contention 4: The FSEIS Fails to Adequately Analyze Ground Water 
Quantity Impacts.
    Contention 6: The FSEIS Fails to Adequately Describe or Analyze 
Proposed Mitigation Measures.
    Contention 9: The FSEIS Fails to Consider Connected Actions.
    Contention 14A: Whether an appropriate consultation was conducted 
pursuant to the Endangered Species Act and implementing regulations.
    Contention 14B: Whether the FSEIS's impact analyses relevant to the 
greater sage grouse, the whooping crane, and the black-footed ferret 
are sufficient.
    As specified below, members of the public are invited to submit 
oral or written statements, referred to as ``limited appearance 
statements'' related to the contentions listed above.\5\
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    \5\ 10 CFR 2.315(a).
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III. Date, Time, and Location of Oral Limited Appearance Statement 
Sessions

    The purpose of limited appearance statements is to allow members of 
the public who are not parties to the adjudication to provide the Board 
with statements setting forth their positions on matters related to the 
admitted contentions. Such statements may be presented orally during 
the limited appearance sessions or may be submitted in writing. As 
suggested by the parties,\6\ two oral limited appearance statement 
sessions will be held. Both will take place on Monday, August 18, 2014 
at the Mueller Civic Center, 801 S. 6th Street, Hot Springs, South 
Dakota. The first limited appearance session will be held from 11:00 
a.m. to 2:00 p.m. MDT and the second limited appearance session will be 
held from 5:00 p.m. to 8:00 p.m. MDT.
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    \6\ Joint Report on Limited Appearance Statement Sessions (June 
11, 2014) at 1.
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IV. Participation Guidelines for Oral Limited Appearance Statements

    Any person not a party, representative of a party, counsel to a 
party or witness who has filed testimony in this evidentiary hearing 
will be permitted to make a brief oral statement of his or her position 
on a matter of concern relating to the proceeding. Speakers should be 
aware, however, that the jurisdiction of this Board and the scope of 
this proceeding are limited to the Powertech application, and, more 
particularly, to the admitted contentions.\7\
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    \7\ The scope of this proceeding is the admitted contentions. 
The admitted contentions are attached to this order as Appendix A.
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    Limited appearance statements enable members of the public to alert 
the Board to areas relating to the Powertech application and the 
admitted contentions where evidence may need to be adduced, and to 
assist the Board in its consideration of these issues. Oral limited 
appearance statements will be transcribed but are not under oath or 
affirmation and do not constitute formal testimony or evidence. Though 
these statements do not constitute testimony or evidence, they 
nonetheless may aid the Board and the parties in their consideration of 
the issues involved in this evidentiary hearing.
    Oral limited appearance statements will be entertained during the 
hours specified above. In the event that all scheduled and unscheduled 
speakers present at the session have made a presentation, the Board 
reserves the right to terminate a session prior to the ending time 
listed above. The Board also reserves the right to extend a session if 
it determines this is required by the number of speakers present.
    The time allotted for each limited appearance statement will be 
five minutes, but may be further limited depending on the number of 
written requests to make an oral statement or the number of persons 
present at the designated time, in order to ensure that everyone will 
have an opportunity to speak.

V. Submitting a Request To Make an Oral Limited Appearance Statement

    A request to make an oral limited appearance statement may be 
submitted either prior to or at the limited appearance sessions. Those 
who have submitted timely written requests prior to the limited 
appearance sessions will be given priority over those who have not 
filed such requests. To be considered timely, a written request to make 
an oral limited appearance statement must be mailed, faxed or sent by 
email so as to be received before 5:00 p.m. EDT on Friday, August 8, 
2014. The request should specify the session (afternoon or evening) 
during which the requester wishes to make an oral statement.
    Written requests to make an oral statement should be submitted by 
one of the following methods:
    Mail: Office of the Secretary, Rulemakings and Adjudications Staff, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax: (301) 415-1101 (verification (301) 415-1966).
    Email: hearingdocket@nrc.gov.
    In addition, using the same method of service, a copy of the 
written request to make an oral statement should be sent to the 
Chairman of this Licensing Board as follows:
    Mail: Administrative Judge William J. Froehlich, Chairman, c/o 
Nicholas Sciretta, Law Clerk, Atomic Safety and Licensing Board Panel, 
Mail Stop T-3F23, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.
    Fax: (301) 415-5599 (verification (301) 415-4128).
    Email: Nicholas.Sciretta@nrc.gov and Twana.Ellis@nrc.gov.

[[Page 39415]]

VI. Submitting Written Limited Appearance Statements

    As provided in 10 CFR 2.315(a), any person not a party, or a 
representative of a party, to the proceeding may submit a written 
statement setting forth his or her position on matters of concern 
related to this proceeding. Although these statements do not constitute 
testimony or evidence, they nonetheless may assist the Board or the 
parties in their consideration of the issues in this proceeding. The 
Board encourages early submission of written limited appearance 
statements so that the Board members will be able to consider issues 
raised in such statements while addressing the issues in the 
evidentiary proceeding.
    Written limited appearance statements may be submitted at any time, 
and should be sent by mail, fax, or email both to the Chairman of this 
Licensing Board and also to the Office of the Secretary. This contact 
information is listed above.

VII. Availability of Documentary Information Regarding the Proceeding

    Documents relating to Powertech's application are available on the 
NRC Web site at http://www.nrc.gov/info-finder/materials/uranium/licensed-facilities/dewey-burdock.html (last visited July 2, 2014). 
These documents are also available for public inspection at the 
Commission's Public Document Room (PDR), located in One White Flint 
North, 11555 Rockville Pike, Rockville, Maryland 20852 and 
electronically on the publicly available records component of the NRC's 
document system (ADAMS). ADAMS is accessible from the NRC Web site at 
http://www.nrc.gov/reading-rm/adams.html (last visited July 2, 
2014).\8\ Persons who do not have access to ADAMS or who encounter 
problems in accessing the documents located in ADAMS should contact the 
NRC PDR reference staff by telephone between 8:00 a.m. and 4:00 p.m. 
Eastern Time, Monday through Friday except federal holidays at (800) 
397-4209 or (301) 415-4737 or by sending an email to 
pdr.resource@nrc.gov.
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    \8\ Documents which are determined to contain sensitive or 
proprietary information may only be available in redacted form. All 
non-sensitive documents are available in their complete form.
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VIII. Potential Updated/Revised Information

    Any updated/revised information regarding the limited appearance 
sessions can be found on the NRC Web site at http://www.nrc.gov/reading-rm/doc-collections/aslbp/proceedings/2014/ (last visited July 
2, 2014) or by calling the NRC's Public Affairs Office at (301) 415-
8200.
    It is so ordered.

    Dated: July 3, 2014.

    For the Atomic Safety and Licensing Board. Rockville, Maryland.
William J. Froehlich,
Chair, Administrative Judge.

Appendix A

Contention 1A: Failure to Meet Applicable Legal Requirements 
Regarding Protection of Historical and Cultural Resources.
Contention 1B: Failure to Involve or Consult All Interested Tribes 
as Required by Federal Law.
Contention 2: The FSEIS Fails to Include Necessary Information for 
Adequate Determination of Baseline Ground Water Quality.
Contention 3: The FSEIS Fails to Include Adequate Hydrogeological 
Information to Demonstrate Ability to Contain Fluid Migration and 
Assess Potential Impacts to Groundwater.
Contention 4: The FSEIS Fails to Adequately Analyze Ground Water 
Quantity Impacts.
Contention 6: The FSEIS Fails to Adequately Describe or Analyze 
Proposed Mitigation Measures.
Contention 9: The FSEIS Fails to Consider Connected Actions.
Contention 14A: Whether an appropriate consultation was conducted 
pursuant to the Endangered Species Act and implementing regulations.
Contention 14B: Whether the FSEIS's impact analyses relevant to the 
greater sage grouse, the whooping crane, and the black-footed ferret 
are sufficient.

[FR Doc. 2014-16171 Filed 7-9-14; 8:45 am]
BILLING CODE 7590-01-P