[Federal Register Volume 77, Number 182 (Wednesday, September 19, 2012)]
[Notices]
[Pages 58181-58185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-23064]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 04008964, NRC-2012-0214]
Power Resources, Inc., Smith Ranch Highland Uranium Project;
License Renewal Request, Opportunity To Request a Hearing and To
Petition for Leave To Intervene, and Commission Order Imposing
Procedures for Document Access
AGENCY: U.S. Nuclear Regulatory Commission.
ACTION: Notice of license renewal request; opportunity to request a
hearing and to petition for leave to intervene, and Commission order.
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DATES: Requests for a hearing or leave to intervene must be filed by
November 19, 2012. Any potential party as defined in 10 CFR 2.4 who
believes access to Sensitive Unclassified Non-Safeguards Information
and/or Safeguards Information is necessary to respond to this notice
must request document access by October 1, 2012.
ADDRESSES: Please refer to Docket ID NRC-2012-0214 when contacting the
NRC about the availability of information regarding this document. You
may access information related to this document, which the NRC
possesses and is publicly available, using any of the following
methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2012-0214. Address questions about NRC dockets to Carol Gallagher 301-
492-3668; email [email protected].
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at http://www.nrc.gov/reading-rm/adams.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 email to [email protected]. The ADAMS accession number
for each document referenced in this notice (if that document is
available in ADAMS) is provided the first time that a document is
referenced. The Smith Ranch Highland Uranium Project license renewal
request is available electronically in ADAMS: Accession No. ML12234A537
(Smith Ranch Technical Report); Accession No. ML12234A539 (Smith Ranch
Environmental Report). In addition to the technical report and
environmental report, PRI submitted copies of its Wyoming Department of
Environmental Quality (WDEQ) reports. These are available in ADAMS
under Accession No. ML12234A545 (Smith Ranch WDEQ Permit); Accession
No. ML12234A547 (North Butte WDEQ Permit); Accession No. ML12234A548
(Gas Hills WDEQ Permit); Accession No. ML12234A554 (Ruth WDEQ Permit).
Documents related to the application can be found in ADAMS under Docket
No. 04008964.
NRC's PDR: The public may examine and have copied for a
fee publicly available documents at the NRC's PDR, Room O1 F21, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Douglas T. Mandeville, Senior Project
Manager, Uranium Recovery Licensing Branch, Division of Waste
Management and Environmental Protection, Office of Federal and State
Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001. Telephone: 301-415-
0724; fax number: 301-415-5369; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated February 1, 2012, Power Resources Inc. (PRI)
submitted a request to renew Source Material License SUA-1548 to the
U.S. Nuclear Regulatory Commission (NRC). License SUA-1548 authorizes
uranium in-situ recovery (ISR) operations at the Smith Ranch Highland
Uranium Project and its related satellite facilities at Gas Hills,
Ruth, and North Butte. The Smith Ranch Highland Uranium Project is
located in Converse County, Wyoming. The Gas Hills satellite facility
is located in Fremont and Natrona Counties, Wyoming. The Ruth satellite
is located in Johnson County, Wyoming. The North Butte satellite is
located in Campbell County, Wyoming. PRI has requested that License
SUA-1548 be renewed as a performance-based license for an additional
10-year period. The renewal, if granted, would allow for continued
operations and the recovery of uranium using ISR techniques as
previously licensed by the NRC.
An NRC administrative review, documented in a letter to PRI dated
July 5, 2012, found the application acceptable to begin a technical
review (ADAMS Accession No. ML12159A511). Prior to approving the
renewal request, the NRC will need to make the findings required by the
Atomic Energy Act of 1954, as amended (the Act), and the NRC's
regulations. The NRC's findings will be documented in a safety
evaluation report and an environmental review report (Environmental
Assessment or an Environmental Impact Statement). The environmental
review report will be the subject of a subsequent notice in the Federal
Register.
II. Opportunity To Request a Hearing
The NRC hereby provides notice that this is a proceeding on a
renewal to Source Material License SUA-1548 to continue operation of
the Smith Ranch Highland Uranium Project. Requirements for hearing
requests and petitions for leave to intervene are found in 10 CFR
2.309, ``Hearing requests, petitions to intervene, requirements for
standing, and contentions.'' Interested persons should consult 10 CFR
Part 2, section 2.309, which is available at the NRC's PDR, located at
O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD
20852 (or call the PDR at 800-397-4209 or 301-415-4737). The NRC's
regulations are also accessible online in the NRC's Library at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
III. Petitions for Leave To Intervene
Any person whose interest may be affected by this proceeding and
who wishes to participate as a party in the proceeding must file a
written petition for leave to intervene. As required by 10 CFR 2.309, a
petition for leave to intervene shall set forth with particularity the
interest of the petitioner in the proceeding and how that interest may
be affected by the results of the proceeding. The petition must provide
the name, address, and telephone number of the petitioner and
specifically explain the reasons why intervention should be permitted
with particular reference to the following factors: (1) The nature of
the petitioner's right under the Act to be made a party to the
proceeding; (2) the nature and extent of the petitioner's property,
financial, or other interest in the proceeding; and (3) the possible
effect of any order that may be entered in the proceeding on the
petitioner's interest.
A petition for leave to intervene must also include a specification
of the
[[Page 58182]]
contentions that the petitioner seeks to have litigated in the hearing.
For each contention, the petitioner must provide a specific statement
of the issue of law or fact to be raised or controverted, as well as a
brief explanation of the basis for the contention. Additionally, the
petitioner must demonstrate that the issue raised by each contention is
within the scope of the proceeding and is material to the findings the
NRC must make to support the granting of a license amendment in
response to the application. The petition must also include a concise
statement of the alleged facts or expert opinions which support the
position of the petitioner and on which the petitioner intends to rely
at hearing, together with references to the specific sources and
documents on which the petitioner intends to rely. Finally, the
petition must provide sufficient information to show that a genuine
dispute exists with the applicant on a material issue of law or fact,
including references to specific portions of the application for
amendment that the petitioner disputes and the supporting reasons for
each dispute, or, if the petitioner believes that the application for
amendment fails to contain information on a relevant matter as required
by law, the identification of each failure and the supporting reasons
for the petitioner's belief. Each contention must be one that, if
proven, would entitle the petitioner to relief.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary hearings, and the appropriate
notices will be provided.
Requests for hearing, petitions for leave to intervene, and motions
for leave to file contentions that are filed after the deadline in 10
CFR 2.309(b) will not be entertained absent a determination by the
presiding officer that the new or amended filing demonstrates good
cause by satisfying the following three factors in 10 CFR 2.309(c)(1):
(i) The information upon which the filing is based was not previously
available; (ii) the information upon which the filing is based is
materially different from information previously available; and (iii)
the filing has been submitted in a timely fashion based on the
availability of the subsequent information.
A State, local governmental body, Federally-recognized Indian
Tribe, or agency thereof may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1) and (2). The petition
should state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by
November 19, 2012. The petition must be filed in accordance with the
filing instructions in section IV of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that under 2.309(h)(2) a State, local governmental
body, or Federally-recognized Indian tribe does not need to address the
standing requirements in 10 CFR 2.309(d) if the facility is located
within its boundaries. A State, local governmental body, Federally-
recognized Indian Tribe, or agency thereof may also have the
opportunity to participate under 10 CFR 2.315(c).
If a hearing is granted, any person who does not wish to become a
party to the proceeding may, in the discretion of the presiding
officer, be permitted to make a limited appearance under 10 CFR
2.315(a), by making an oral or written statement of his or her position
on the issues at any session of the hearing or at any pre-hearing
conference, within the limits and conditions fixed by the presiding
officer. However, that person may not otherwise participate in the
proceeding.
IV. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC E-Filing rule (72 FR 49139,
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the participant should
contact the Office of the Secretary by email at [email protected],
or by telephone at 301-415-1677, to request (1) a digital ID
certificate, which allows the participant (or its counsel or
representative) to digitally sign documents and access the E-Submittal
server for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a request or
petition for hearing (even in instances in which the participant, or
its counsel or representative, already holds an NRC-issued digital ID
certificate). Based upon this information, the Secretary will establish
an electronic docket for the hearing in this proceeding if the
Secretary has not already established an electronic docket.
Information about applying for a digital ID certificate is
available on NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. System requirements for accessing
the E-Submittal server are detailed in NRC's ``Guidance for Electronic
Submission,'' which is available on the agency's public Web site at
http://www.nrc.gov/site-help/e-submittals.html. Participants may
attempt to use other software not listed on the Web site, but should
note that the NRC's E-Filing system does not support unlisted software,
and the NRC Meta System Help Desk will not be able to offer assistance
in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through EIE, users will be required to install a Web
browser plug-in from the NRC Web site. Further information on the Web-
based submission form, including the installation of the Web browser
plug-in, is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system
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time-stamps the document and sends the submitter an email notice
confirming receipt of the document. The E-Filing system also
distributes an email notice that provides access to the document to the
NRC Office of the General Counsel and any others who have advised the
Office of the Secretary that they wish to participate in the
proceeding, so that the filer need not serve the documents on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before a hearing request/petition to intervene
is filed so that they can obtain access to the document via the E-
Filing system.
A person filing electronically using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC Web site
at http://www.nrc.gov/site-help/e-submittals.html, by email at
[email protected], or by a toll-free call at 866-672-7640. The NRC
Meta System Help Desk is available between 8 a.m. and 8 p.m., Eastern
Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland, 20852, Attention: Rulemaking and Adjudications Staff.
Participants filing a document in this manner are responsible for
serving the document on all other participants. Filing is considered
complete by first-class mail as of the time of deposit in the mail, or
by courier, express mail, or expedited delivery service upon depositing
the document with the provider of the service. A presiding officer,
having granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information. With
respect to copyrighted works, except for limited excerpts that serve
the purpose of the adjudicatory filings and would constitute a Fair Use
application, participants are requested not to include copyrighted
materials in their submission.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation
A. This Order contains instructions regarding how potential parties
to this proceeding may request access to documents containing Sensitive
Unclassified Non-Safeguards Information (SUNSI).
B. Within 10 days after publication of this notice of hearing and
opportunity to petition for leave to intervene, any potential party who
believes access to SUNSI is necessary to respond to this notice may
request such access. A ``potential party'' is any person who intends to
participate as a party by demonstrating standing and filing an
admissible contention under 10 CFR 2.309. Requests for access to SUNSI
submitted later than 10 days after publication will not be considered
absent a showing of good cause for the late filing, addressing why the
request could not have been filed earlier.
C. The requester shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is: U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, Maryland 20852. The email
address for the Office of the Secretary and the Office of the General
Counsel are [email protected] and [email protected],
respectively.\1\ The request must include the following information:
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\1\ While a request for hearing or petition to intervene in this
proceeding must comply with the filing requirements of the NRC's
``E-Filing Rule,'' the initial request to access SUNSI under these
procedures should be submitted as described in this paragraph.
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(1) A description of the licensing action with a citation to this
Federal Register notice;
(2) The name and address of the potential party and a description
of the potential party's particularized interest that could be harmed
by the action identified in C.(1);
(3) The identity of the individual or entity requesting access to
SUNSI and the requester's basis for the need for the information in
order to meaningfully participate in this adjudicatory proceeding. In
particular, the request must explain why publicly-available versions of
the information requested would not be sufficient to provide the basis
and specificity for a proffered contention;
D. Based on an evaluation of the information submitted under
paragraph C.(3) the NRC staff will determine within 10 days of receipt
of the request whether:
(1) There is a reasonable basis to believe the petitioner is likely
to establish standing to participate in this NRC proceeding; and
(2) The requestor has established a legitimate need for access to
SUNSI.
E. If the NRC staff determines that the requestor satisfies both
D.(1) and D.(2) above, the NRC staff will notify the requestor in
writing that access to SUNSI has been granted. The written notification
will contain instructions on how the requestor may obtain copies of the
requested documents, and any other conditions that may apply to access
to those documents. These conditions may include, but are not limited
to, the signing of a Non-Disclosure Agreement or Affidavit, or
Protective Order \2\ setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI by each individual who
will be granted access to SUNSI.
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\2\ Any motion for Protective Order or draft Non-Disclosure
Affidavit or Agreement for SUNSI must be filed with the presiding
officer or the Chief Administrative Judge if the presiding officer
has not yet been designated, within 30 days of the deadline for the
receipt of the written access request.
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F. Filing of Contentions. Any contentions in these proceedings that
are based upon the information received as a result of the request made
for SUNSI must be filed by the requestor no later than 25 days after
the requestor is granted access to that information. However, if more
than 25 days remain
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between the date the petitioner is granted access to the information
and the deadline for filing all other contentions (as established in
the notice of hearing or opportunity for hearing), the petitioner may
file its SUNSI contentions by that later deadline.
G. Review of Denials of Access.
(1) If the request for access to SUNSI is denied by the NRC staff
either after a determination on standing and need for access, or after
a determination on trustworthiness and reliability, the NRC staff shall
immediately notify the requestor in writing, briefly stating the reason
or reasons for the denial.
(2) The requestor may challenge the NRC staff's adverse
determination by filing a challenge within 5 days of receipt of that
determination with: (a) The presiding officer designated in this
proceeding; (b) if no presiding officer has been appointed, the Chief
Administrative Judge, or if he or she is unavailable, another
administrative judge, or an administrative law judge with jurisdiction
pursuant to 10 CFR 2.318(a); or (c) if another officer has been
designated to rule on information access issues, with that officer.
H. Review of Grants of Access. A party other than the requestor may
challenge an NRC staff determination granting access to SUNSI whose
release would harm that party's interest independent of the proceeding.
Such a challenge must be filed with the Chief Administrative Judge
within 5 days of the notification by the NRC staff of its grant of
access.
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\3\
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\3\ Requesters should note that the filing requirements of the
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) apply to appeals
of NRC staff determinations (because they must be served on a
presiding officer or the Commission, as applicable), but not to the
initial SUNSI request submitted to the NRC staff under these
procedures.
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I. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR Part 2.
Attachment 1 to this Order summarizes the general target schedule for
processing and resolving requests under these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 13th day of September 2012.
For the Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards Information
in this Proceeding
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Day Event/activity
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0............................. Publication of Federal Register notice
of hearing and opportunity to petition
for leave to intervene, including order
with instructions for access requests.
10............................ Deadline for submitting requests for
access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) with
information: supporting the standing of
a potential party identified by name
and address; describing the need for
the information in order for the
potential party to participate
meaningfully in an adjudicatory
proceeding.
60............................ Deadline for submitting petition for
intervention containing: (i)
Demonstration of standing; (ii) all
contentions whose formulation does not
require access to SUNSI (+25 Answers to
petition for intervention; +7
petitioner/requestor reply).
20............................ Nuclear Regulatory Commission (NRC)
staff informs the requester of the
staff's determination whether the
request for access provides a
reasonable basis to believe standing
can be established and shows need for
SUNSI. (NRC staff also informs any
party to the proceeding whose interest
independent of the proceeding would be
harmed by the release of the
information.) If NRC staff makes the
finding of need for SUNSI and
likelihood of standing, NRC staff
begins document processing (preparation
of redactions or review of redacted
documents).
25............................ If NRC staff finds no ``need'' or no
likelihood of standing, the deadline
for petitioner/requestor to file a
motion seeking a ruling to reverse the
NRC staff's denial of access; NRC staff
files copy of access determination with
the presiding officer (or Chief
Administrative Judge or other
designated officer, as appropriate). If
NRC staff finds ``need'' for SUNSI, the
deadline for any party to the
proceeding whose interest independent
of the proceeding would be harmed by
the release of the information to file
a motion seeking a ruling to reverse
the NRC staff's grant of access.
30............................ Deadline for NRC staff reply to motions
to reverse NRC staff determination(s).
40............................ (Receipt +30) If NRC staff finds
standing and need for SUNSI, deadline
for NRC staff to complete information
processing and file motion for
Protective Order and draft Non-
Disclosure Affidavit. Deadline for
applicant/licensee to file Non-
Disclosure Agreement for SUNSI.
A............................. If access granted: Issuance of presiding
officer or other designated officer
decision on motion for protective order
for access to sensitive information
(including schedule for providing
access and submission of contentions)
or decision reversing a final adverse
determination by the NRC staff.
A + 3......................... Deadline for filing executed Non-
Disclosure Affidavits. Access provided
to SUNSI consistent with decision
issuing the protective order.
A + 28........................ Deadline for submission of contentions
whose development depends upon access
to SUNSI. However, if more than 25 days
remain between the petitioner's receipt
of (or access to) the information and
the deadline for filing all other
contentions (as established in the
notice of hearing or opportunity for
hearing), the petitioner may file its
SUNSI contentions by that later
deadline.
A + 53........................ (Contention receipt +25) Answers to
contentions whose development depends
upon access to SUNSI.
A + 60........................ (Answer receipt +7) Petitioner/
Intervenor reply to answers.
>A + 60....................... Decision on contention admission.
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[FR Doc. 2012-23064 Filed 9-18-12; 8:45 am]
BILLING CODE 7590-01-P