[Federal Register Volume 77, Number 110 (Thursday, June 7, 2012)]
[Notices]
[Pages 33782-33786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13809]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 040-08502; NRC-2012-0120]
License Amendment To Construct and Operate New In Situ Leach
Uranium Recovery Facility; Uranium One Americas; Ludeman
AGENCY: Nuclear Regulatory Commission.
ACTION: License amendment request; opportunity to request a hearing and
to petition for leave to intervene, and Commission order.
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DATES: Requests for a hearing or leave to intervene must be filed by
August 6, 2012. Any potential party as defined in Title 10 of the Code
of Federal Regulations (10 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 June 18, 2012.
ADDRESSES: Please refer to Docket ID NRC-2012-0120 when contacting the
NRC about the availability of information regarding this document. You
may access information related to this document, which the NRC
possesses and are publicly available, using any of the following
methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0120. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
NRC's Agencywide Documents Access and Management System (ADAMS):
You may access publicly available documents online in the NRC Library
at http://www.nrc.gov/reading-rm/adams.html. To begin the search,
select ``ADAMS Public Documents'' and then select ``Begin Web-based
ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected]. The ADAMS accession number
for each document referenced in this notice (if that document is
available in ADAMS) is provided the first time that a document is
referenced. The Ludeman facility In Situ Leach Uranium Recovery Project
License Amendment Request is available electronically under ADAMS
Accession No. ML120120182. The license amendment request and additional
supporting documents can be found in ADAMS under Accession Nos.
ML120120182, ML120880043, ML120870451, and ML12128A244. Documents
related to the application can be found in ADAMS under Docket No.
04008502.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: John T. Buckley, Senior Project
Manager, Reactor Decommissioning 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 20555-0001; telephone: 301-415-6607; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC or the Commission) has
received, by letter dated December 5, 2011, a request to amend Source
Material License SUA-1341 to construct and operate a new in situ leach
uranium recovery (ISL) facility at its Ludeman facility in Converse
County, Wyoming.
An NRC administrative completeness review found the application
acceptable for a technical review (ADAMS Accession No. ML12131A322).
Prior to approving the license amendment request, the NRC will need to
make the findings required by the Atomic Energy Act of 1954, as amended
(the Act), and the NRC's regulations. The NRC's findings will be
documented in a safety evaluation report and an environmental review
report. The environmental review report will be the subject of a
subsequent notice in the Federal Register.
II. Opportunity To Request a Hearing and Petitions for Leave To
Intervene
The NRC hereby provides note that this is a proceeding on an
amendment to Source Material License SUA-1341 to construct and operate
a new ISL uranium recovery facility at its Ludeman facility in Converse
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, Maryland 20852 (or call the PDR at 1-800-397-4209 or
301-415-4737). The NRC's regulations are also accessible online in the
NRC's Library at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
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 III 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
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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 which, if proven, would entitle the
petitioner to relief.
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).
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 August 6, 2012. Non-timely filings will not be
entertained absent a determination by the presiding officer that the
petition or request should be granted or the contentions should be
admitted, based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii). The petition must be filed in accordance with
the filing instructions in Section III 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).
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 such limits and
conditions as may be imposed by the Atomic Safety and Licensing Board.
Persons desiring to make a limited appearance are requested to inform
the Secretary of the Commission by August 6, 2012.
III. Electronic Submissions (E-Filing)
All documents filed in the 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 email at [email protected], 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 the 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 the 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's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in,
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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's public Web site at http://www.nrc.gov/site-help/e-submittals.htm. 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 email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's 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 email at
[email protected], 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 the
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
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 email
address for the Office of the Secretary and the Office of the General
Counsel are [email protected] and [email protected],
respectively.\1\ The request must include the following information:
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\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.
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(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); and
(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
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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.
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\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.
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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, 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\
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\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.
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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.
For the Nuclear Regulatory Commission.
Dated at Rockville, Maryland, this 31st day of May, 2012.
Annette L. Vietti-Cook,
Secretary of the Commission.
Attachment--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/activity
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0................... Publication of Federal Register notice of hearing
and opportunity to petition for leave to
intervene, 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.
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.
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[FR Doc. 2012-13809 Filed 6-6-12; 8:45 am]
BILLING CODE 7590-01-P