[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Notices]
[Pages 22599-22600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11201]
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NUCLEAR REGULATORY COMMISSION
[NRC-2009-0138]
Proposed Generic Communication; Pre-Licensing Construction
Activities at Proposed, Unlicensed Uranium Recovery Facilities
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed generic communication: Reopening of public comment
period.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is reopening the
comment period specific to the information collection aspects of a
proposed regulatory issue summary (RIS) published on March 27, 2009 (74
FR 13483), which presents the NRC's interpretation of the regulations
governing the commencement of construction found in 10 CFR 40.32(e).
The comment period for this proposed RIS closed on April 27, 2009.
DATES: Comment period expires May 15, 2009. Comments submitted after
this date will be considered if it is practical to do so, but assurance
of consideration cannot be given except for comments received on or
before this date.
ADDRESSES: Submit written comments to the Chief, 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, Mail Stop T-
8F5, Washington, DC 20555-0001, and cite the publication date and page
number of this Federal Register notice. Written comments may also be
delivered to NRC Headquarters, 11545 Rockville Pike (Room T-8F5),
Rockville, Maryland, between 7:30 a.m. and 4:15 p.m. on Federal
workdays.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen J. Cohen at 301-415-7182
or by e-mail at [email protected].
ADDRESSES: All holders of operating licenses for uranium recovery
facilities and all companies that have submitted applications to
construct new uranium recovery facilities of all types (conventional
mills, heap leach, and in situ recovery (ISR) facilities) or letters of
intent to submit such applications.
Intent
The U.S. Nuclear Regulatory Commission (NRC) is issuing this
regulatory issue summary (RIS) to inform addressees of the NRC's policy
regarding the permissible construction activities at proposed,
unlicensed uranium recovery facilities. The NRC is issuing this RIS in
response to industry inquiries regarding the activities that applicants
may undertake prior to receiving a license.
SUPPLEMENTARY INFORMATION: In relation to the applications for new
uranium recovery facilities currently under review and those
applications expected over the next several years, the NRC has been
queried by the uranium recovery industry about those construction
activities that would be permissible at proposed uranium recovery
facilities before a license is granted. The industry has requested
information on permissible construction activities, including the
potential use of limited work authorizations (LWAs) as provided in the
reactor program, in the interest of minimizing the lead time from
receipt of a license to the initiation of uranium recovery operations.
The NRC's regulations in 10 CFR 40.32(e) prohibits the commencement
of construction of a uranium recovery facility until a license is
issued. Moreover, commencement of construction prior to the issuance of
a license would be grounds for denial of a license. ``Commencement of
construction'' includes any clearing of land, excavation, or other
substantial action that would adversely affect the environment of a
site. However, the rule does permit site exploration, construction of
roads necessary for site exploration, borings to determine foundation
conditions, or other preconstruction monitoring or testing to establish
background information related to the suitability of the site or the
protection of environmental values. These activities may be conducted
before a license is granted.
According to industry, ISR applicants, therefore, should be allowed
to build out most of the facilities without a license, utilizing a
tiered system of
[[Page 22600]]
activities. Tier 1 includes activities for which NRC would have no
jurisdiction. Tier 2 activities would include those requiring NRC
approval, but not a license. Tier 3 activities would not occur until a
license is issued and would include construction of the evaporation
ponds and actual operations.
Dated at Rockville, Maryland, this 29th day of April 2009.
For the Nuclear Regulatory Commission.
Keith I. McConnell,
Deputy Director, Decommissioning and Uranium Recovery Licensing
Directorate, Division of Waste Management and Environmental Protection,
Office of Federal and State Materials and Environmental Management
Programs.
[FR Doc. E9-11201 Filed 5-12-09; 8:45 am]
BILLING CODE 7590-01-P