[Federal Register Volume 67, Number 77 (Monday, April 22, 2002)]
[Page 19598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9733]



Notice of Denial--Completion of Ground-Water Restoration in Unit 
1 Wellfield, Crow Butte Resources, Dawes County, NE

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of denial.


SUMMARY: On March 29, 2002, the U.S. Nuclear Regulatory Commission 
(NRC) denied the requested approval of ground-water restoration 
completion in the Unit 1 wellfield at the Crow Butte Resources, 
Incorporated, In Situ Leach (ISL) uranium extraction facility located 
near the town of Crawford, Dawes County, Nebraska. The facility is 
licensed to process and possess natural uranium by Materials License 
Number SUA-1534, issued in accordance with Title 10 Code of Federal 
Regulations (CFR) part 40.
    Crow Butte Resources, Incorporated, (the licensee) requested 
approval for completing ground-water restoration in its Unit 1 
wellfield, upon concluding activities that resulted in contaminant 
concentrations within the uranium ore zone of the Chadron Aquifer 
reaching acceptable levels, determined to be protective of public 
health and the environment. NRC denied the licensee's request for 
approval, based on a finding that the licensee did not demonstrate that 
Unit 1 restoration activities would result in future constituent levels 
remaining at levels protective of human health and the environment, in 
accordance with 10 CFR 40.31(h) and Criterion 5F, 10 CFR part 40, 
Appendix A. In addition, the licensee is required to immediately 
restart stabilization ground-water monitoring in Unit 1 at the 
monitoring locations described in the January 10, 2000, Restoration 
Report. The ground-water shall be sampled and analyzed for the 
constituents listed in License Condition 10.3B, SUA-1534, on a schedule 
of at least 14 days apart. The wellfield restoration shall be 
considered stable if four consecutive sampling episodes show no 
strongly increasing concentration trends for all monitored 
constituents, on a wellfield average, as described in Section 6.1.3, 
``Standard Review Plan for In Situ Leach Uranium Extraction License 
Applications,'' NUREG-1569.
    At that time, the licensee shall submit a written report for NRC 
review and approval, which provides a tabulation of all stability 
monitoring data for Unit 1, graphics showing time versus concentration 
of each monitored constituent, and analyses that demonstrate the 
restored constituent concentrations are within license limits and are 
stable. Stability monitoring should continue until four consecutive 
sampling episodes show no strongly increasing concentration trends. 
Wellfield restoration activities should be immediately re-initiated in 
Unit 1 if the concentration of any monitored constituent exceeds its 
license limit. The licensee should also revise its ground-water 
restoration plan to reflect a stability monitoring period which will 
allow all constituents to reach stability before ceasing the 
monitoring. This revision should be submitted for NRC review and 
approval in the form of an amendment to License Condition 10.3C, SUA-
    In accordance with 10 CFR 2.790 of the NRC's ``Rules of Practice,'' 
a copy of NRC's Denial letter and the accompanying Technical Evaluation 
Report (Accession Number ML020930087) is available electronically for 
public inspection in the NRC Public Document Room or from the Publicly 
Available Records (PARS) component of NRC's document system (ADAMS). 
ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm.html (the Public Electronic Reading Room).
    Pursuant to 10 CFR 2.108(b) the licensee shall have 30 days from 
the date of this Notice of Denial to file a petition, requesting a 
hearing before the Atomic Safety Licensing Board Panel on this denial.

FOR FURTHER INFORMATION CONTACT: Michael Layton @ 301 415 6676 or 
[email protected].

    Dated at Rockville, Maryland, this 15th day of April, 2002.

    For the Nuclear Regulatory Commission.
Robert Pierson,
Director, Division of Fuel Cycle Safety and Safeguards, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 02-9733 Filed 4-19-02; 8:45 am]