[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Notices]
[Pages 41308-41312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17645]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2011-0148; Docket No. 040-09091, NRC-2011-0148]


Strata Energy, Inc., Ross In Situ Recovery Uranium Project, Crook 
County, WY; Notice of Materials License Application, Opportunity To 
Request a Hearing and To Petition for Leave To Intervene, and 
Commission Order Imposing Procedures for Document Access to Sensitive 
Unclassified Non-Safeguards Information for Contention Preparation

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of license application, opportunity to request a hearing 
and to petition for leave to intervene, and Commission order.

-----------------------------------------------------------------------

DATES: Requests for a hearing or leave to intervene must be filed by 
September 12, 2011. Any potential party as defined in Title 10 of the 
Code of Federal Regulations (CFR) 2.4, who believes access to sensitive 
unclassified non-safeguards information (SUNSI) is necessary to respond 
to this notice must request document access by July 25, 2011.

ADDRESSES: You can access publicly available documents related to this 
notice using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Room O1 
F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 
20852.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available online in the NRC's Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS, which 
provides text and image files of NRC's public documents. If you do not 
have access to ADAMS or if there are problems in accessing the 
documents located in ADAMS, contact the NRC's PDR reference staff at 1-
800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. The 
Ross In Situ Recovery Uranium Project License Application is available 
electronically under ADAMS Accession Number ML110120063.

FOR FURTHER INFORMATION CONTACT: John L. Saxton, Project Manager, 
Uranium Recovery Licensing Branch, Division of Waste Management and 
Environmental Protection, Office of Federal and State

[[Page 41309]]

Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555. Telephone: 301-415-0697; 
fax number: 301-415-5369; e-mail: john.saxton@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC or the Commission) has 
received, by letter dated January 4, 2011, a license application from 
Peninsula Minerals, Ltd., doing business as Strata Energy, Inc., 
requesting a new source and byproduct materials license at its Ross In 
Situ Recovery Uranium Project site located in Crook County, Wyoming. 
The application can be found in ADAMS under Accession Number 
ML110120063. Documents related to the application can be found in ADAMS 
under Docket Number 04009091. Specifically, the application requests 
the construction and operation of a uranium recovery and processing 
facility, which involves the extraction of uranium by in situ recovery 
methods and on-site processing to yellowcake.
    An NRC administrative completeness review found the application 
acceptable for a technical review (ADAMS Accession No. ML111721948). 
Prior to approving the application, the NRC will need to make the 
findings required by the Atomic Energy Act of 1954 as amended (the 
Act), and NRC's regulations. The NRC's findings will be documented in a 
safety evaluation report and a supplemental environmental impact 
statement. The supplemental environmental impact statement will be the 
subject of a subsequent notice in the Federal Register.

II. Opportunity To Request a Hearing

    The NRC hereby provides note that this is a proceeding on 
application for a new source and byproduct materials license regarding 
Strata Energy, Inc.'s proposal to construct and operate a uranium 
recovery and processing facility in Crook County, Wyoming. Requirements 
for hearing requests and petitions for leave to intervene are found in 
10 CFR 2.309, ``Hearing Requests, Petitions To Intervene, Requirements 
for Standing, and Contentions.'' Interested persons should consult 10 
CFR 2.309, which is available at the NRC's PDR, Room O1-F21, One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852 (or call the PDR 
at 1-800-397-4209 or 301-415-4737). NRC regulations are also accessible 
online in the NRC's Library at http://www.nrc.gov/reading-rm/adams.html.

III. Petitions for Leave To Intervene

    Any person whose interest may be affected by this proceeding and 
who wishes to participate as a party in the proceeding must file a 
written petition for leave to intervene in accordance with the filing 
instructions in Section IV of this document. As required by 10 CFR 
2.309, a petition for leave to intervene shall set forth with 
particularity the interest of the petitioner in the proceeding and how 
that interest may be affected by the results of the proceeding. The 
petition must provide the name, address, and telephone number of the 
petitioner and specifically explain the reasons why intervention should 
be permitted with particular reference to the following factors: (1) 
The nature of the petitioner's right under the Act to be made a party 
to the proceeding; (2) the nature and extent of the petitioner's 
property, financial, or other interest in the proceeding; and (3) the 
possible effect of any order that may be entered in the proceeding on 
the petitioner's interest.
    A petition for leave to intervene must also include a specification 
of the contentions that the petitioner seeks to have litigated in the 
hearing. For each contention, the petitioner must provide a specific 
statement of the issue of law or fact to be raised or controverted, as 
well as a brief explanation of the basis for the contention. 
Additionally, the petitioner must demonstrate that the issue raised by 
each contention is within the scope of the proceeding and is material 
to the findings the NRC must make to support the granting of a license 
in response to the application. The petition must also include a 
concise statement of the alleged facts or expert opinions that support 
the position of the petitioner and on which the petitioner intends to 
rely at hearing, together with references to the specific sources and 
documents on which the petitioner intends to rely. Finally, the 
petition must provide sufficient information to show that a genuine 
dispute exists with the applicant on a material issue of law or fact, 
including references to specific portions of the application that the 
petitioner disputes and the supporting reasons for each dispute, or, if 
the petitioner believes that 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 petitioner's belief. 
Each contention must be one that, if proven, would entitle the 
petitioner to relief.
    A State, county, municipality, Federally-recognized Indian Tribe, 
or designated representative thereof, may submit a petition to the 
Commission to participate as a party under 10 CFR 2.309(d)(2). The 
petition should state the nature and extent of the petitioner's 
interest in the proceeding. The petition should be submitted to the 
Commission by September 12, 2011. The petition must be filed in 
accordance with the filing instructions in Section IV of this document, 
and should meet the requirements for petitions for leave to intervene 
set forth in this section, except State and Federally-recognized Indian 
Tribes do not need to address the standing requirements in 10 CFR 
2.309(d)(1) if the facility is located within its boundaries. The 
entities listed above could also seek to participate in the proceeding 
pursuant to 10 CFR 2.315(c).
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene, 
and have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that person's admitted 
contentions, including the opportunity to present evidence and to 
submit a cross-examination plan for cross-examination of witnesses, 
consistent with NRC regulations, policies, and procedures. The 
presiding officer will set the time and place for any prehearing 
conferences and evidentiary hearings, and the appropriate notices will 
be provided.
    Non-timely petitions for leave to intervene and contentions, 
amended petitions, and supplemental petitions will not be entertained 
absent a determination by the presiding officer that the petition 
should be granted and/or the contentions should be admitted based upon 
a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)-(viii).
    Any person who does not wish, or is not qualified, to become a 
party to this proceeding may request permission to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
position on the issues, but may not otherwise participate in the 
proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to the discretion of 
the presiding officer, including such limits and conditions as may be 
imposed in exercise of that discretion upon the making of limited 
appearance statements. Persons desiring to make a limited appearance 
are requested to inform the Secretary of the Commission by September 
12, 2011.

[[Page 41310]]

IV. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing, a petition for leave to intervene, any motion or 
other document filed in the proceeding prior to the submission of a 
request for hearing or petition to intervene, and documents filed by 
interested governmental entities participating under 10 CFR 2.315(c), 
must be filed in accordance with the NRC E-Filing rule (72 FR 49139, 
August 28, 2007). The E-Filing process requires participants to submit 
and serve all adjudicatory 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 an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by e-mail at hearing.docket@nrc.gov, or by 
telephone at 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 (2) advise 
the Secretary that the participant will be submitting a request or 
petition for hearing (even in instances in which the participant, or 
its counsel or representative, already holds an NRC-issued digital ID 
certificate). Based upon this information, the Secretary will establish 
an electronic docket for the hearing in this proceeding if the 
Secretary has not already established an electronic docket.
    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. System requirements for accessing 
the E-Submittal server are detailed in NRC's ``Guidance for Electronic 
Submission,'' which is available on the agency's public Web site at 
http://www.nrc.gov/site-help/e-submittals.html. Participants may 
attempt to use other software not listed on the Web site, but should 
note that the NRC's E-Filing system does not support unlisted software, 
and the NRC Meta System Help Desk will not be able to offer assistance 
in using unlisted software.
    If a participant is electronically submitting a document to the NRC 
in accordance with the E-Filing rule, the participant must file the 
document using the NRC's online, Web-based submission form. In order to 
serve documents through the Electronic Information Exchange System, 
users will be required to install a Web browser plug-in from the NRC 
Web site. Further information on the Web-based submission form, 
including the installation of the Web browser plug-in, is available on 
the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html.
    Once a participant has obtained a digital ID certificate and a 
docket has been created, the participant 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 
documents are submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing 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 
E-Filing 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 using the agency's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System 
Help Desk through the ``Contact Us'' link located on the NRC Web site 
at http://www.nrc.gov/site-help/e-submittals.html, by e-mail at 
MSHD.Resource@nrc.gov, or by a toll-free call at 1-866-672-7640. The 
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m., 
Eastern Time, Monday through Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, 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. A presiding officer, having 
granted an exemption request from using E-Filing, may require a 
participant or party to use E-Filing if the presiding officer 
subsequently determines that the reason for granting the exemption from 
use of E-Filing no longer exists.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd1.nrc.gov/EHD/, unless excluded pursuant to an order of the 
Commission, or the presiding officer. Participants are requested not to 
include personal privacy information, such as social security numbers, 
home addresses, or home phone numbers in their filings, unless an NRC 
regulation or other law requires submission of such information. 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 submission.

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

    A. This Order contains instructions regarding how potential parties 
to this proceeding may request access to documents containing Sensitive 
Unclassified Non-Safeguards Information (SUNSI).
    B. Within 10 days after publication of this notice of hearing and 
opportunity to petition for leave to intervene, any potential party who 
believes access to SUNSI is necessary to respond to this notice may 
request such access. A ``potential party'' is any person who intends to 
participate as a party by demonstrating standing and filing an

[[Page 41311]]

admissible contention under 10 CFR 2.309. Requests for access to SUNSI 
submitted later than 10 days after publication will not be considered 
absent a showing of good cause for the late filing, addressing why the 
request could not have been filed earlier.
    C. 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, Maryland 20852. The e-mail 
address for the Office of the Secretary and the Office of the General 
Counsel are Hearing.Docket@nrc.gov and OGCmailcenter@nrc.gov, 
respectively.\1\ The request must include the following information:
---------------------------------------------------------------------------

    \1\ 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.
---------------------------------------------------------------------------

    (1) A description of the licensing action with a citation to this 
Federal Register notice;
    (2) The name and address of the potential party and a description 
of the potential party's particularized interest that could be harmed 
by the action identified in C.(1);
    (3) The identity of the individual or entity requesting access to 
SUNSI and the requester's basis for the need for the information in 
order to meaningfully participate in this adjudicatory proceeding. In 
particular, the request must explain why publicly-available versions of 
the information requested would not be sufficient to provide the basis 
and specificity for a proffered contention;
    D. Based on an evaluation of the information submitted under 
paragraph C.(3) the NRC staff will determine within 10 days of receipt 
of the 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) The requestor has established a legitimate need for access to 
SUNSI.
    E. If the NRC staff determines that the requestor satisfies both 
D.(1) and D.(2) above, the NRC staff will notify the requestor in 
writing that access to SUNSI has been granted. The written notification 
will contain instructions on how the requestor may obtain copies of the 
requested documents, and any other conditions that may apply to access 
those documents. These conditions may include, but are not limited to, 
the signing of a Non-Disclosure Agreement or Affidavit, or Protective 
Order \2\ setting forth terms and conditions to prevent the 
unauthorized or inadvertent disclosure of SUNSI by each individual who 
will be granted access to SUNSI.
---------------------------------------------------------------------------

    \2\ Any motion for Protective Order or draft Non-Disclosure 
Affidavit or Agreement for SUNSI must be filed with the presiding 
officer or the Chief Administrative Judge if the presiding officer 
has not yet been designated, within 30 days of the deadline for the 
receipt of the written access request.
---------------------------------------------------------------------------

    F. Filing of Contentions. Any contentions in these proceedings that 
are based upon the information received as a result of the request made 
for SUNSI must be filed by the requestor no later than 25 days after 
the requestor is granted access to that information. However, if more 
than 25 days remain between the date the petitioner is granted 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.
    G. Review of Denials of Access.
    (1) If the request for access to SUNSI is denied by the NRC staff 
either after a determination on standing and need for access, or after 
a determination on trustworthiness and reliability, the NRC staff shall 
immediately notify the requestor in writing, briefly stating the reason 
or reasons for the denial.
    (2) The requester may challenge the NRC staff's adverse 
determination by filing a challenge within 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.
    H. Review of Grants of Access. 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 with the Chief Administrative Judge 
within 5 days of the notification by the NRC staff of its grant of 
access.
    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.\3\
---------------------------------------------------------------------------

    \3\ Requesters should note that the filing requirements of the 
NRC's E-Filing Rule (72 FR 49139; August 28, 2007) 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 request submitted to the NRC staff under these 
procedures.
---------------------------------------------------------------------------

    I. 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. 
Attachment 1 to this Order summarizes the general target schedule for 
processing and resolving requests under these procedures.
    It is so ordered.

    Dated at Rockville, Maryland, this 7th day of July 2011.

    For the Commission.
Andrew L. Bates,
Acting 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
------------------------------------------------------------------------
          Day                             Event/Activity
------------------------------------------------------------------------
0......................  Publication of Federal Register notice of
                          hearing and opportunity to petition for leave
                          to intervene, including order with
                          instructions for access requests.

[[Page 41312]]

 
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.
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.....................  Nuclear Regulatory Commission (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'' or no 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.
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.
>A + 60................  Decision on contention admission.
------------------------------------------------------------------------

[FR Doc. 2011-17645 Filed 7-12-11; 8:45 am]
BILLING CODE 7590-01-P