[Federal Register Volume 61, Number 65 (Wednesday, April 3, 1996)]
[Notices]
[Pages 14839-14840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8099]



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NUCLEAR REGULATORY COMMISSION
[Docket Number 40-6622]


Pathfinder Mines Corporation

AGENCY: U.S. Nuclear Regulatory Commission.

ACTION: Final Finding of No Significant Impact of Mill Decommissioning; 
Notice of Opportunity for Hearing.

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SUMMARY: Notice is hereby given that the U.S. Nuclear Regulatory 
Commission has amended Pathfinder Mines Corporation's (PMC's) Source 
Material License SUA-442 for the Shirley Basin facility on finding of 
no significant impact due to mill decommissioning. The Mill 
Decommissioning Plan, its Supplemental Environmental Report, and a 
license amendment request were submitted by PMC's letters dated July 1, 
1992, February 3, 1993, and November 30, 1994, respectively. An 
Environmental Assessment was performed by the NRC staff in accordance 
with the requirements of 10 CFR Part 51. The conclusion of the 
Environmental Assessment is a Finding of No Significant Impact (FONSI) 
for the proposed licensing action.

SUPPLEMENTARY INFORMATION:

Background

    PMC's Shirley Basin Mill is wholly owned by Cogema, Inc. The mill 
is located at Shirley Basin in Carbon County, Wyoming. The mill started 
operation in early 1971, and the last ore feed to the plant occurred in 
May 1992.
    An environmental statement for the uranium milling facility was 
prepared in December 1974, by the United States Atomic Energy 
Commission. Subsequent to this statement, the mill was operated and the 
environment was monitored. In consideration of PMC's application dated 
August 19, 1982, for renewal of Source Material License SUA-442, the 
NRC staff issued a detailed Environmental Assessment (EA) on September 
14, 1984.
    The decommissioning plan discusses the processes involved in 
dismantling and disposing of the mill and associated buildings at the 
Shirley Basin mill. Details of the final disposal of the dismantled 
mill are included as part of the site reclamation plan. The 
decommissioning plan also includes PMC's plan to survey areas around 
the mill site for contamination by areal gamma scan and soil sampling.
    Included in the plan's description of dismantling the site 
facilities is a discussion of the radiation safety program to be used 
during the decommissioning. In general, the in-place radiation program 
was to be relied on with minor changes focusing on the problems 
associated with decommissioning and dismantling. The plan maintains 
emphasis on occupational health physics, even though the problems 
related to daughter products of uranium during operation will be 
reduced. The plan indicates that the decommissioning will be completed 
such that personnel exposures are as low as reasonably achievable 
(ALARA) by including pre-decommissioning cleaning of the facility, use 
of standard operating procedures and radiation work permits, and 
establishment of administrative dose limits.

Review Scope

    The environmental review of PMC's request for approval of its 
decommissioning at the Shirley Basin Mill site included evaluation of 
the Mill Decommissioning Plan dated June 1992, and the accompanying 
Mill Decommissioning Environmental Report Supplement dated February 
1993. In addition, PMC submitted a letter dated May 19, 1994, 
clarifying that materials and spare equipment parts in the salvage 
yard, which were radioactively contaminated and could not be cleaned to 
meet releasable limits, would be buried at the mill site or in the 
tailings ponds. This clarification is in agreement with the 1992 
Decommissioning Plan which states on page 3-1 ``Equipment and materials 
that can not be decontaminated for release for unrestricted use will be 
disposed of by burial at the mill site or within the tailings 
impoundment* * *''

Environmental Assessment

    The staff evaluated the decommissioning plan submitted by PMC. The 
plan satisfies the needs of 10 CFR Part 20 and 10 CFR Part 40 and is 
similar to other decommissioning plans for mill facilities. The plan 
appropriately focuses on the implementation of the ALARA program during 
decommissioning and demolition of the mill buildings. Environmental 
monitoring plans for contamination on the property satisfy the 
requirements to identify areas that require clean-up. PMC intends to 
dispose of the concrete floor of the mill building in place, after 
survey for unrestricted release, and will fracture the floor before 
final cover placement. The fracturing of the concrete floor is intended 
to eliminate ponding in the two-foot cover. The contaminated equipment 
and buildings are to be disposed of in an interim burial pit; final 
disposal will occur during future reclamation activities.
    The environmental impacts associated with this licensing action are 
within the scope of the detailed EA issued by the NRC staff, dated 
September 14, 1984. No further assessment of this decommissioning 
action is necessary.

Conclusion

    The staff has no technical objections related to radiological 
safety for the submitted decommissioning plan for the Shirley Basin 
Mill. The plan provides for mill and site decommissioning that will be 
completed in accordance with the regulations of 10 CFR Part 20 and 10 
CFR Part 40. Inspection staff should be cognizant that the submitted 
plan referenced old Part 20, while the actual decommissioning of the 
mill was to be done under the current 10 CFR Part 20.

Alternatives to the Proposed Action

    Since the NRC staff has concluded that there are no significant 
environmental impacts associated with the proposed action, any 
alternatives with equal or greater environmental impacts need not be 
evaluated. The principal alternative to the proposed action would be to 
deny the requested action. Since the environmental impacts of the 
proposed cleanup action are

[[Page 14840]]
obviously less than this no-action alternative, there is no need to 
further evaluate alternatives to the proposed action.

Finding of No Significant Impact

    The conclusion of the Environmental Assessment is a Finding of No 
Significant Impact (FONSI) for this licensing action. Therefore, 
preparation of an Environmental Impact Statement is not warranted.
    PMC's amended License, and the Environmental Assessment prepared by 
NRC staff are being made available for public inspection at the 
Commission's Public Document Room at 2120 L Street, NW (Lower Level), 
Washington, DC 20555.

Notice of Opportunity for Hearing

    The NRC hereby provides notice of an opportunity for a hearing on 
the license amendment under the provisions of 10 CFR Part 2, Subpart L, 
``Informal Hearing Procedures for Adjudications in Materials and 
Operator Licensing Proceedings.'' Pursuant to Sec. 2.1205(a), any 
person whose interest may be affected by this proceeding may file a 
request for a hearing. In accordance with Sec. 2.1205(c), a request for 
hearing must be filed within 30 days of the publication of this notice 
in the Federal Register. The request for a hearing must be filed with 
the Office of the Secretary, either:
    (1) By delivery to the Docketing and Service Branch of the Office 
of the Secretary at One White Flint North, 11555 Rockville Pike, 
Rockville, MD 20852; or
    (2) By mail or telegram addressed to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, Attention: Docketing and 
Service Branch.
    In accordance with 10 CFR 2.1205(e), each request for a hearing 
must also be served, by delivering it personally or by mail, to:
    (1) The applicant, Pathfinder Mines Corporation, 935 Pendell 
Boulevard, P.O. Box 730, Mills, Wyoming 82644, Attention: Tom 
Hardgrove; and
    (2) The NRC staff, by delivery to the Executive Director for 
Operations, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852 or by mail addressed to the Executive Director for Operations, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555.
    In addition to meeting other applicable requirements of 10 CFR Part 
2 of the NRC's regulations, a request for a hearing filed by a person 
other than an applicant must describe in detail:
    (1) The interest of the requestor in the proceeding;
    (2) How that interest may be affected by the results of the 
proceeding, including the reasons why the requestor should be permitted 
a hearing, with particular reference to the factors set out in 
Sec. 2.1205(g);
    (3) The requestor's areas of concern about the licensing activity 
that is the subject matter of the proceeding; and
    (4) The circumstances establishing that the request for a hearing 
is timely in accordance with Sec. 2.1205(c).

The request must also set forth the specific aspect or aspects of the 
subject matter of the proceeding as to which petitioner wishes a 
hearing.

FOR FURTHER INFORMATION CONTACT: Mohammad W. Haque, Uranium Recovery 
Branch, Division of Waste Management, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555. Telephone (301) 415-6640.

    Dated at Rockville, Maryland, this 26th day of March 1996.
Joseph J. Holonich,
Chief, Uranium Recovery Branch Division of Waste Management Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 96-8099 Filed 4-2-96; 8:45 am]
BILLING CODE 7590-01-P