[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Notices]
[Pages 44471-44472]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18051]



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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-9091-MLA; ASLBP No. 12-915-01-MLA-BD01]


Atomic Safety and Licensing Board Panel; In the Matter of Strata 
Energy, Inc. (Ross In Situ Recovery Uranium Project); Before the 
Licensing Board: G. Paul Bollwerk, III, Chairman, Dr. Richard F. Cole, 
Dr. Craig M. White; Notice of Hearing (Notice of Evidentiary Hearing 
and Opportunity To Provide Oral and Written Limited Appearance 
Statements)

July 25, 2014.
    The Atomic Safety and Licensing Board hereby gives notice that it 
will convene an evidentiary hearing to receive testimony and exhibits 
in this proceeding regarding the January 2011 application of Strata 
Energy, Inc., (SEI) for authorization to possess and use Atomic Energy 
Act section 11.z source and AEA section 11.e(2) byproduct materials 
pursuant to 10 CFR part 40 in the operation of SEI's proposed Ross In 
Situ Recovery Uranium Project site in Crook County, Wyoming.\1\ The 
evidentiary hearing will concern environmental matters relating to the 
proposed issuance of the requested license. In addition, the Board 
gives notice that, in accordance with 10 CFR 2.315(a), it will 
entertain oral and written limited appearance statements from members 
of the public in connection with this proceeding.
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    \1\ As outlined by the Commission in its decision in Sequoyah 
Fuels Corp. (Gore, Oklahoma Site), CLI-03-15, 58 NRC 349 (2003), 
section 11.e(2) byproduct material is that material, as defined by 
AEA section 11.e(2), 42 U.S.C. 2014e(2), that is ``the tailings or 
wastes produced by the extraction or concentration of uranium or 
thorium from any ore processed primarily for its source material 
content.'' This byproduct material category was created in 1978 by 
the Uranium Mill Tailings and Reclamation Act to afford the NRC 
regulatory jurisdiction over mill tailings at active and inactive 
uranium milling sites. See Sequoyah Fuels, CLI-03-15, 58 NRC at 353-
54.
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A. Matters To Be Considered

    As set forth by the Licensing Board in its May 2014 issuance ruling 
on a motion by the Joint Intervenors \2\ to admit new and amended 
contentions following the Nuclear Regulatory Commission (NRC) staff's 
February 2014 issuance of its final supplement to the agency's generic 
environmental impact statement (FEIS) on in situ recovery (ISR) 
projects intended to provide the staff's National Environmental Policy 
Act (NEPA)-mandated assessment of the SEI license application,\3\ the 
three contentions currently admitted in this proceeding are as follows:
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    \2\ Joint Intervenors are the Natural Resources Defense Council 
and the Powder River Basin Resource Council.
    \3\ See Licensing Board Memorandum and Order (Ruling on Motion 
to Migrate/Amend Existing Contentions and Admit New Contentions 
Regarding Final Supplement to Generic Environmental Impact 
Statement) (May 23, 2014) (unpublished); see also Office of Federal 
and State Materials and Environmental Management Programs, NRC, 
[EIS] for the Ross ISR Project in Crook County, Wyoming; Supplement 
to the Generic [EIS] for In-Situ Leach Uranium Milling Facilities, 
NUREG-1910 (supp. 5 Feb. 2014) (ADAMS Accession No. ML14056A096).

    Environmental Contention 1: The FSEIS fails to adequately 
characterize baseline (i.e., original or pre-mining) groundwater 
quality.
    Environmental Contention 2: The FSEIS fails to analyze the 
environmental impacts that will occur if the applicant cannot 
restore groundwater to primary or secondary limits.
    Environmental Contention 3: The FSEIS fails to include adequate 
hydrological information to demonstrate SEI's ability to contain 
groundwater fluid migration.

    Subject to the outcome of a pending party dispositive motion 
regarding environmental contention 1,\4\ these issue statements will be 
the subject matter of the evidentiary hearing and should be the focus 
of any limited appearance statements.\5\
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    \4\ [Joint Intervenors'] Motion for Summary Disposition on 
Environmental Contention 1 (June 13, 2014).
    \5\ Although a fourth issue statement, environmental contention 
4/5A, was admitted into this proceeding, in a July 25, 2014 ruling 
the Board dismissed that contention. See Licensing Board Memorandum 
and Order (Ruling on Summary Disposition Motion Regarding 
Environmental Contention 4/5A) (July 25, 2014) at 2 (unpublished).
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B. Date, Time, and Location of Evidentiary Hearing

    The Board will convene a simplified evidentiary hearing conducted 
in accord with the procedures set forth in 10 CFR part 2, Subpart L, 
regarding the environmental matters set specified in section A above on 
the following date at the specified location and time:
    Date: Tuesday, September 30, 2014.
    Time: 9:30 a.m. Mountain Time (MT).
    Location: Wyoming Meeting Room, Energy Hall, Cam-Plex Multi-Event 
Facilities, 1635 Reata Dr., Gillette, Wyoming.

The hearing will continue from day-to-day until concluded. SEI, the NRC 
staff, and Joint Intervenors will be parties to the hearing and will 
sponsor witnesses and evidentiary material.

    Any member of the public who plans to attend the hearing is advised 
that security measures may be employed at the entrance to the room 
housing the hearing, including searches of hand-carried items such as 
briefcases or backpacks, and is reminded to arrive in sufficient time 
to allow for security screening. Items that could readily be used as 
weapons will not be permitted in the room where the evidentiary hearing 
sessions will be held. Also, during the evidentiary hearing sessions, 
no signs will be permitted in the hearing room.

C. Date, Time, and Location of Oral Limited Appearance Statement 
Session

    A 10 CFR 2.315(a) oral limited appearance session regarding the 
Ross ISR facility proceeding will be held on the following date at the 
specified location and time:
    Date: Sunday, September 28, 2014 (if there is sufficient interest).
    Time: 3:00 p.m. to 6:00 p.m. MT.
    Location: Sundance Community Meeting Room, Crook County Courthouse 
Basement, 309 Cleveland St., Sundance, Wyoming.

D. Participation Guidelines for Oral Limited Appearance Statements

    Any person not a party, or the representative of a party, to this 
proceeding will be permitted to make an oral statement setting forth 
his or her position on matters of concern relating to the proceeding. 
Although these statements do not constitute testimony or evidence, they 
nonetheless may help the Licensing Board and/or the parties in their 
consideration of the issues in this proceeding.
    Oral limited appearance statements will be entertained during the 
hours specified in section C above, or such lesser time as may be 
necessary to accommodate the speakers who are present. In this regard, 
if all scheduled and unscheduled speakers present at a session have 
made a presentation, the Licensing Board reserves the right to 
terminate the session before the ending time listed in section C above. 
The Board also reserves the right to cancel the Sunday afternoon 
session scheduled above if there has not been a sufficient showing of 
public interest as reflected by the number of preregistered speakers.
    Any member of the public who plans to attend the limited appearance 
session is strongly advised to arrive early to allow time to pass 
through any security measures that may be employed. Attendees are also 
requested not to

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bring any unnecessary hand-carried items, such as packages, briefcases, 
backpacks, or other items that might need to be examined individually. 
Items that could readily be used as weapons will not be permitted in 
the room where this session will be held. Also, during the oral limited 
appearance session, signs no larger than 18 inches by 18 inches will be 
permitted, but may not be attached to sticks, held over one's head, or 
moved about in the room.
    The time allotted for each limited appearance statement normally 
will be no more than five minutes, but to ensure everyone will have an 
opportunity to speak, may be further limited depending on the number of 
written requests to make an oral statement that are submitted in 
accordance with section E below and/or the number of persons present at 
the designated times.

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

    A person wishing to make an oral statement who has submitted a 
timely written request to do so will be given priority over those who 
have not filed such a request. To be considered timely, a written 
request to make an oral statement must either be mailed, faxed, or sent 
by email so as to be received by 5:00 p.m. Eastern Time (ET) on Friday, 
September 5, 2014. Based on its review of the requests received by 
September 5, the Licensing Board may decide that the Sunday afternoon 
session will not be held due to a lack of adequate interest in that 
session.
    Written requests to make an oral statement should be submitted to:
    Mail: Administrative Judge G. Paul Bollwerk, III, 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) 415-6094).
    Email: kathleen.schroeder@nrc.gov and paul.bollwerk@nrc.gov.

F. Submitting Written Limited Appearance Statements

    As provided in 10 CFR 2.315(a), any person not a party, or the 
representative of a party, to the proceeding may submit a written 
statement setting forth his or her position on matters of concern 
relating to this proceeding. Although these statements do not 
constitute testimony or evidence, they nonetheless may help the Board 
or the parties in their consideration of the issues in this proceeding.
    A written limited appearance statement may be submitted at any time 
and should be sent to the Office of the Secretary using one of the 
methods prescribed below:
    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 limited appearance statement should be sent to the Chairman of 
this Licensing Board as follows:
    Mail: Administrative Judge G. Paul Bollwerk, III, 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) 415-6094).
    Email: paul.bollwerk@nrc.gov.

G. Availability of Documentary Information Regarding the Proceeding

    The SEI license \6\ and various staff documents relating to the 
application are available on the NRC Web site at http://www.nrc.gov/info-finder/materials/uranium/licensed-facilities/ross.html. These and 
other documents relating to this proceeding are available for public 
inspection at the Commission's Public Document Room (PDR), located at 
One White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland, or electronically from the publicly-available records 
component of NRC's document system (ADAMS). ADAMS is accessible from 
the NRC Web site at www.nrc.gov/reading-rm/adams.html (the Public 
Electronic Reading Room). 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 at (800) 397-
4209 or (301) 415-4737 (available between 8:00 a.m. and 4:00 p.m., ET, 
Monday through Friday except federal holidays), or by email to 
pdr@nrc.gov.
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    \6\ On April 25, 2014, the staff notified the Board that, in 
accord with 10 CFR 2.1202(a), the SEI license had been issued, 
effective immediately. See Letter from Christopher C. Hair, NRC 
Staff Counsel, to Licensing Board (Apr. 25, 2014) at 1-2. Although 
section 2.1213(a) afforded Joint Intervenors the opportunity to seek 
a stay of this staff action, no such request was filed. Nonetheless, 
the SEI license is subject to any merits determination the Board 
might make relative to each of Joint Intervenors' pending 
contentions.
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H. Information Updates to Schedule

    Any updates or revisions to the evidentiary hearing schedule or the 
schedule for limited appearance sessions can be found on the NRC Web 
site at www.nrc.gov/public-involve/public-meetings/index.cfm, or by 
calling (800) 368-5642, extension 5036 (available between 7:00 a.m. and 
9:00 p.m. ET, Monday through Friday, except federal holidays), or by 
calling (301) 415-5036 (available seven days a week, twenty-four hours 
a day).
    It is so ordered.

    For the Atomic Safety and Licensing Board.

    Rockville, Maryland.

    Dated: July 25, 2014.
G. Paul Bollwerk, III,
Chairman, Administrative Judge.
[FR Doc. 2014-18051 Filed 7-30-14; 8:45 am]
BILLING CODE 7590-01-P