[Federal Register Volume 78, Number 102 (Tuesday, May 28, 2013)]
[Pages 31985-31986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12494]



[Docket No. 40-8943-MLA-2; ASLBP No. 13-926-01-MLA-BD01]

Atomic Safety and Licensing Board Panel; Before the Licensing 
Board: G. Paul Bollwerk, III, Chairman, Dr. Richard E. Wardwell, Dr. 
Thomas J. Hirons; Crow Butte Resources, Inc. (Marsland Expansion Area); 
Memorandum and Order (Notice of Hearing)

May 16, 2013.
    This proceeding concerns the May 16, 2012 application of Crow Butte 
Resources, Inc., (CBR) to amend its 10 CFR part 40 source materials 
license that authorizes the operation of CBR's existing in situ uranium 
recovery (ISR) facility near Crawford, Nebraska. If issued by the 
Nuclear Regulatory Commission (NRC), the requested amendment would 
permit CBR to operate a satellite ISR facility, the Marsland Expansion 
Area (MEA) site, which is located in Dawes County, Nebraska, some 
eleven miles to the southeast of CBR's Crawford central processing 
facility. In response to a November 26, 2012 NRC hearing opportunity 
notice regarding this application, see [CBR], License SUA-1534, License 
Amendment to Construct and Operate [MEA], 77 FR 71,454 (Nov. 30, 2012), 
petitioner Oglala Sioux Tribe (OST) and petitioners Antonia Loretta 
Afraid of Bear Cook, Bruce McIntosh, Debra White Plume, Western 
Nebraska Resources Council, and Aligning for Responsible Mining, 
referred to jointly as the Consolidated Petitioners, filed timely 
requests for hearing/petitions for leave to intervene contesting the 
CBR ISR amendment application. On

[[Page 31986]]

February 6, 2013, this three-member Atomic Safety and Licensing Board 
was established to preside over this proceeding. See [CBR], 
Establishment of Atomic Safety and Licensing Board, 78 FR 9945 (Feb. 
12, 2013). Thereafter, in a May 10, 2013 issuance, while concluding 
that none of the Consolidated Petitioners had established the requisite 
standing to intervene in this proceeding, the Board also found that OST 
had demonstrated its standing and had submitted two admissible 
contentions concerning the CBR application and so admitted OST as a 
party to this proceeding. See LBP-13-6, 77 NRC ---- (May 10, 2013).
    In light of the foregoing, please take notice that a hearing will 
be conducted in this proceeding. The hearing will be governed by the 
simplified hearing procedures set forth in 10 CFR part 2, subparts C 
and L, 10 CFR 2.300-2.390, 2.1200-2.1213.
    During the course of this proceeding, the Board may conduct an oral 
argument, as provided in 10 CFR 2.331; may hold additional prehearing 
conferences pursuant to 10 CFR 2.329; and may conduct evidentiary 
hearings in accordance with 10 CFR 2.327-2.328, 2.1206-2.1208. The 
public is invited to attend any oral argument, prehearing conference, 
or evidentiary hearing. Notices of those sessions will be published in 
the Federal Register and/or made available to the public at the NRC 
Public Document Room (PDR), located at One White Flint North, 11555 
Rockville Pike (first floor), Rockville, Maryland, and through the NRC 
Web site, www.nrc.gov.
    Additionally, as provided in 10 CFR 2.315(a), any person not a 
party to the proceeding may submit a written limited appearance 
statement. Limited appearance statements, which are placed in the 
docket for this proceeding, provide members of the public with an 
opportunity to make the Board and/or the participants aware of their 
concerns about any matters at issue in the proceeding, particularly any 
concerns associated with the admitted contentions. A written limited 
appearance statement can be submitted at any time and should be sent to 
the Office of the Secretary using one of the methods prescribed below:
    Mail to: Office of the Secretary, Rulemakings and Adjudications 
Staff, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax to: (301) 415-1101 (verification (301) 415-1966).
    Email to: hearing.docket@nrc.gov.
    In addition, a copy of the limited appearance statement should be 
sent to the Licensing Board Chairman using the same method at the 
address below:
    Mail to: 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 to: (301) 415-5599 (verification (301) 415-7550).
    Email to: paul.bollwerk@nrc.gov.
    Further, at a later date, the Board may conduct oral limited 
appearance sessions regarding this ISR proceeding at a location, or 
locations, in the vicinity of the MEA site. If one or more limited 
appearance sessions are scheduled, notice will be published in the 
Federal Register and/or made available to the public at the NRC PDR and 
on the NRC Web site, www.nrc.gov.
    Documents relating to this proceeding are available for public 
inspection at the Commission's PDR or electronically from the publicly 
available records component of NRC's Agencywide Documents Access and 
Management System (ADAMS). ADAMS, including its adjudicatory 
proceeding-related Electronic Hearing Docket, 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 1-800-397-
4209, 301-415-4737, or by email to pdr.resource@nrc.gov.
    It is so ordered.

    Dated: May 16, 2013, Rockville, Maryland.

    For the Atomic Safety and Licensing Board.
G. Paul Bollwerk, III,
Chairman, Administrative Judge.
[FR Doc. 2013-12494 Filed 5-24-13; 8:45 am]