[Federal Register Volume 74, Number 25 (Monday, February 9, 2009)]
[Notices]
[Pages 6436-6440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-2619]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-08502; NRC-2009-0036]


Notice of Request To Renew Source Materials License SUA-1341, 
COGEMA Mining, Inc., Christensen and Irigaray Ranch Facilities, Johnson 
and Campbell Counties, WY, and Opportunity To Request a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license renewal request and opportunity to request a 
hearing.

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DATES: A request for a hearing must be filed by April 10, 2009.

FOR FURTHER INFORMATION CONTACT: Ron C. Linton, 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. Telephone: (301) 415-7777; fax number: (301) 415-
5369; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    By letter dated May 30, 2008, COGEMA Mining, Inc. (COGEMA), 
submitted a License Renewal Application to the U.S. Nuclear Regulatory 
Commission (NRC) to renew Source Materials License SUA-1341 for the 
Christensen and Irigaray Ranch Facilities in Johnson and Campbell 
Counties, Wyoming (ADAMS Accession Package No. ML081850689). COGEMA has 
requested that the license be renewed as a performance-based license, 
which is its current form. COGEMA also requested that the renewal be 
for ten (10) years, consistent with the last renewal. The renewal, if 
granted, would allow for continued uranium production operations and 
the recovery of uranium by in situ recovery (ISR) extraction techniques 
as previously licensed by the NRC. An NRC administrative review, 
documented in a letter to COGEMA dated December 29, 2008 (ADAMS 
Accession No. ML082760265), found the amendment request acceptable to 
begin a technical review. Before approving the license amendment, the

[[Page 6437]]

NRC findings required by the Atomic Energy Act of 1954, the National 
Environmental Policy Act (NEPA) and NRC's regulations, will have been 
made. These findings will be documented in a Safety Evaluation Report 
and a site-specific environmental review consistent with the provisions 
in 10 CFR part 51.

II. Opportunity To Request a Hearing

    The May 30, 2008 renewal request pertains to COGEMA's 10 CFR part 
40 source materials license, and is COGEMA's proposal to continue 
uranium production operations at its facilities in Johnson and Campbell 
Counties, Wyoming. Any person whose interest may be affected by this 
proposal, and who desires to participate as a party in an NRC 
adjudicatory proceeding, must file a request for a hearing. The hearing 
request must include a specification of the contentions which the 
person seeks to have litigated, and must be filed in accordance with 
the NRC E-Filing rule, which the NRC promulgated on August 28, 2007 (72 
FR 49139). The E-Filing rule requires participants to submit and serve 
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 a waiver 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 petitioner/requester 
must contact the Office of the Secretary by e-mail at 
[email protected], or by calling (301) 415-1677, to request (1) a 
digital identification (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/or (2) creation of an electronic docket for the 
proceeding (even in instances in which the petitioner/requester (or its 
counsel or representative) already holds an NRC-issued digital ID 
certificate). Each petitioner/requester will need to download the 
Workplace Forms Viewer(tm) to access the Electronic Information 
Exchange (EIE), a component of the E-Filing system. The Workplace Forms 
Viewer(tm) is free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. 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.
    Once a petitioner/requester has obtained a digital ID certificate, 
has a docket created, and downloaded the EIE viewer, the petitioner/
requester 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 filer submits its documents through EIE. To be 
timely, an electronic filing must be submitted to the EIE system no 
later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a 
transmission, the E-Filing system time-stamps the document and sends 
the submitter an e-mail notice confirming receipt of the document. The 
EIE system also distributes an e-mail 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 may seek assistance through the 
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC Meta-System Help 
Desk, which is available between 8 a.m. and 8 p.m., Eastern Time, 
Monday through Friday. The Meta-System Help Desk can be contacted by 
telephone at 1-866-672-7640 or by e-mail at [email protected].
    Participants who believe that they have good cause for not 
submitting documents electronically must file a motion, 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.
    Non-timely requests and/or petitions and contentions will not be 
entertained absent a determination by the Commission, the presiding 
officer, or the Atomic Safety and Licensing Board that the petition 
and/or request should be granted and/or the contentions should be 
admitted based on a balancing of the factors specified in 10 CFR 
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later 
than 11:59 p.m. Eastern Time on the due date.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant 
to an order of the Commission, an Atomic Safety and Licensing Board, or 
a Presiding Officer. Participants are requested not to include social 
security numbers in their filings. 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 submissions.
    The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in 
accordance with 10 CFR 2.302(g)(3), then the requirements for paper 
documents, set forth in 10 CFR 2.304(b) must be met.
    In accordance with 10 CFR 2.309(b), a request for a hearing must be 
filed by April 10, 2009.
    In addition to meeting other applicable requirements of 10 CFR 
2.309, a request for a hearing filed by a person other than an 
applicant or licensee must state:
    1. The name, address, and telephone number of the requester;
    2. The nature of the requester's right under the Act to be made a 
party to the proceeding;
    3. The nature and extent of the requester's property, financial, or 
other interest in the proceeding;
    4. The possible effect of any decision or order that may be issued 
in the proceeding on the requester's interest; and
    5. The circumstances establishing that the request for a hearing is 
timely in accordance with 10 CFR 2.309(b).
    In accordance with 10 CFR 2.309(f)(1), a request for hearing or 
petitions for

[[Page 6438]]

leave to intervene must set forth with particularity the contentions 
sought to be raised. For each contention, the request or petition must:
    1. Provide a specific statement of the issue of law or fact to be 
raised or controverted;
    2. Provide a brief explanation of the basis for the contention;
    3. Demonstrate that the issue raised in the contention is within 
the scope of the proceeding;
    4. Demonstrate that the issue raised in the contention is material 
to the findings that the NRC must make to support the action that is 
involved in the proceeding;
    5. Provide a concise statement of the alleged facts or expert 
opinions which support the requester's/petitioner's position on the 
issue and on which the requester/petitioner intends to rely to support 
its position on the issue; and
    6. Provide sufficient information to show that a genuine dispute 
exists with the applicant or licensee on a material issue of law or 
fact. This information must include references to specific portions of 
the amendment request that the requester/petitioner disputes and the 
supporting reasons for each dispute, or, if the requester/petitioner 
believes the application fails to contain information on a relevant 
matter as required by law, the identification of each failure and the 
supporting reasons for the requester's/petitioner's belief.
    In addition, in accordance with 10 CFR 2.309(f)(2), contentions 
must be based on documents or other information available at the time 
the petition is to be filed, such as the amendment request, other 
supporting documents filed by an applicant or licensee, or otherwise 
available to the petitioner. On issues arising under NEPA, the 
requester/petitioner must file contentions based on environmental 
information supplied by the licensee or previous environmental 
analysis. The requester/petitioner may amend those contentions or file 
new contentions if there are data or conclusions in the NRC draft, or 
final environmental impact statement, environmental assessment, or any 
supplements relating thereto, that differ significantly from the data 
or conclusions in the applicant's or licensee's documents. Otherwise, 
contentions may be amended or new contentions filed after the initial 
filing only with leave of the presiding officer.
    Requesters/petitioners should, when possible, consult with each 
other in preparing contentions and combine similar subject matter 
concerns into a joint contention, for which one of the co-sponsoring 
requesters/petitioners is designated the lead representative. Further, 
in accordance with 10 CFR 2.309(f)(3), any requester/petitioner that 
wishes to adopt a contention proposed by another requester/petitioner 
must do so, in accordance with the E-Filing rule, within ten (10) days 
of the date the contention is filed, and designate a representative who 
shall have the authority to act for the requester/petitioner.
    In accordance with 10 CFR 2.309(g), a request for hearing and/or 
petition for leave to intervene may also address the selection of the 
hearing procedures, taking into account the provisions of 10 CFR 2.310.

III. Further Information

    Documents related to this action are available electronically at 
the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the NRC's Agencywide 
Document Access and Management System (ADAMS), which provides text and 
image files of NRC's public documents. The ADAMS package accession 
number for the documents related to this Notice is ML081850689, COGEMA 
Mining, Inc., Irigaray and Christensen Ranch Projects, Licensing 
Renewal Application. If you do not have access to ADAMS or if there are 
problems in accessing the documents located in ADAMS, contact the NRC 
Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-
4737, or by e-mail to [email protected]. These documents may also be 
viewed electronically on the public computers located at the NRC's PDR, 
O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 
20852. The PDR reproduction contractor will copy documents for a fee.

Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information for Contention Preparation

    1. This order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing sensitive 
unclassified information. A suggested schedule is provided as 
Attachment 1 to this order.
    2. Within ten (10) days after publication of this notice of 
opportunity for hearing any potential party as defined in 10 CFR 2.4 
who believes access to SUNSI is necessary for a response to the notice 
may request access to such information. A ``potential party'' is any 
person who intends or may intend to participate as a party by 
demonstrating standing and the filing of an admissible contention under 
10 CFR 2.309. Requests submitted later than ten (10) days will not be 
considered absent a showing of good cause for the late filing, 
addressing why the request could not have been filed earlier.
    3. 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, MD 20852. The e-mail 
address for the Office of the Secretary and the Office of the General 
Counsel are [email protected] and [email protected], respectively.\1\
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    \1\ See footnote 4. 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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    The request must include the following information:
    a. A description of the licensing action with a citation to this 
Federal Register notice of opportunity for hearing;
    b. The name and address of the potential party and a description of 
the potential party's particularized interest that could be harmed, if 
the licensing action is taken;
    c. The identity of the individual requesting access to Sensitive 
Unclassified Non-Sensitive Information (SUNSI) and the requester's need 
for the information in order to meaningfully participate in this 
adjudicatory proceeding, particularly why publicly available versions 
of the application would not be sufficient to provide the basis and 
specificity for a proffered contention;
    4. Based on an evaluation of the information submitted under items 
2 and 3.a through 3.c, above, the NRC staff will determine within ten 
(10) days of receipt of the written access 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) there is a 
legitimate need for access to SUNSI.
    5. A request for access to SUNSI will be granted if:
    a. The request has demonstrated that there is a reasonable basis to 
believe that a potential party is likely to establish standing to 
intervene or to otherwise participate as a party in this proceeding;

[[Page 6439]]

    b. The proposed recipient of the information has demonstrated a 
need for SUNSI;
    c. The proposed recipient of the information has executed a Non-
Disclosure Agreement or Affidavit and agrees to be bound by the terms 
of a Protective Order setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI; and
    d. The presiding officer has issued a protective order concerning 
the information or documents requested.\2\ Any protective order issued 
shall provide that the petitioner must file SUNSI contentions 25 days 
after receipt of (or access to) that information. 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.
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    \2\ If a presiding officer has not yet been designated, the 
Chief Administrative Judge will issue such orders, or will appoint a 
presiding officer to do so.
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    6. If the request for access to SUNSI is granted, the terms and 
conditions for access to such information will be set forth in a draft 
protective order and affidavit of non-disclosure appended to a joint 
motion by the NRC staff, any other affected parties to this 
proceeding,\3\ and the petitioner(s). If the diligent efforts by the 
relevant parties or petitioner(s) fail to result in an agreement on the 
terms and conditions for a draft protective order or non-disclosure 
affidavit, the relevant parties to the proceeding or the petitioner(s) 
should notify the presiding officer within five (5) days, describing 
the obstacles to the agreement.
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    \3\ Parties/persons other than the requester and the NRC staff 
will be notified by the NRC staff of a favorable access 
determination (and may participate in the development of such a 
motion and protective order) if it concerns SUNSI and if the party/
person's interest independent of the proceeding would be harmed by 
the release of the information (e.g., as with proprietary 
information).
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    7. If the request for access to SUNSI is denied by the NRC staff 
after a determination on standing, the NRC staff shall briefly state 
the reasons for the denial. Before the Office of Administration makes 
an adverse determination regarding access, the proposed recipient must 
be provided an opportunity to correct or explain information. The 
requester may challenge the NRC staff's adverse determination with 
respect to access to SUNSI or with respect to standing, by filing a 
challenge within five (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.
    In the same manner, a party other than the requester 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 within five (5) days of the notification by the 
NRC staff of its grant of such a request.
    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.\4\
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    \4\ As of October 15, 2007, the NRC's final ``E-Filing Rule'' 
became effective.  See Use of Electronic Submissions in Agency 
Hearings (72 FR 49139; Aug. 28, 2007). Requesters should note that 
the filing requirements of that rule 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 
requests submitted to the NRC staff under these procedures.
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    8. 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.

    Dated at Rockville, Maryland, this 3rd day of February 2009.

    For the Nuclear Regulatory 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
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0...................................................  Publication of [Federal Register notice/other notice of
                                                       proposed action and opportunity for hearing], 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;
                                                       demonstrating that access should be granted.
[20, 30 or 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..................................................  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,'' ``need to know,'' or
                                                       likelihood of standing, the deadline for petitioner/
                                                       requester 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.

[[Page 6440]]

 
190.................................................  (Receipt +180) If NRC staff finds standing and
                                                       trustworthiness and reliability, deadline for NRC staff
                                                       to file motion for Protective Order and draft Non-
                                                       disclosure Affidavit. Note: Before the Office of
                                                       Administration makes an adverse determination regarding
                                                       access, the proposed recipient must be provided an
                                                       opportunity to correct or explain information.
205.................................................  Deadline for petitioner to seek reversal of a final
                                                       adverse NRC staff determination either before the
                                                       presiding officer or another designated officer.
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.
B...................................................  Decision on contention admission.
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[FR Doc. E9-2619 Filed 2-6-09; 8:45 am]
BILLING CODE 7590-01-P