[Federal Register Volume 78, Number 102 (Tuesday, May 28, 2013)]
[Notices]
[Pages 31985-31986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12494]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8943-MLA-2; ASLBP No. 13-926-01-MLA-BD01]
Atomic Safety and Licensing Board Panel; Before the Licensing
Board: G. Paul Bollwerk, III, Chairman, Dr. Richard E. Wardwell, Dr.
Thomas J. Hirons; Crow Butte Resources, Inc. (Marsland Expansion Area);
Memorandum and Order (Notice of Hearing)
May 16, 2013.
This proceeding concerns the May 16, 2012 application of Crow Butte
Resources, Inc., (CBR) to amend its 10 CFR part 40 source materials
license that authorizes the operation of CBR's existing in situ uranium
recovery (ISR) facility near Crawford, Nebraska. If issued by the
Nuclear Regulatory Commission (NRC), the requested amendment would
permit CBR to operate a satellite ISR facility, the Marsland Expansion
Area (MEA) site, which is located in Dawes County, Nebraska, some
eleven miles to the southeast of CBR's Crawford central processing
facility. In response to a November 26, 2012 NRC hearing opportunity
notice regarding this application, see [CBR], License SUA-1534, License
Amendment to Construct and Operate [MEA], 77 FR 71,454 (Nov. 30, 2012),
petitioner Oglala Sioux Tribe (OST) and petitioners Antonia Loretta
Afraid of Bear Cook, Bruce McIntosh, Debra White Plume, Western
Nebraska Resources Council, and Aligning for Responsible Mining,
referred to jointly as the Consolidated Petitioners, filed timely
requests for hearing/petitions for leave to intervene contesting the
CBR ISR amendment application. On
[[Page 31986]]
February 6, 2013, this three-member Atomic Safety and Licensing Board
was established to preside over this proceeding. See [CBR],
Establishment of Atomic Safety and Licensing Board, 78 FR 9945 (Feb.
12, 2013). Thereafter, in a May 10, 2013 issuance, while concluding
that none of the Consolidated Petitioners had established the requisite
standing to intervene in this proceeding, the Board also found that OST
had demonstrated its standing and had submitted two admissible
contentions concerning the CBR application and so admitted OST as a
party to this proceeding. See LBP-13-6, 77 NRC ---- (May 10, 2013).
In light of the foregoing, please take notice that a hearing will
be conducted in this proceeding. The hearing will be governed by the
simplified hearing procedures set forth in 10 CFR part 2, subparts C
and L, 10 CFR 2.300-2.390, 2.1200-2.1213.
During the course of this proceeding, the Board may conduct an oral
argument, as provided in 10 CFR 2.331; may hold additional prehearing
conferences pursuant to 10 CFR 2.329; and may conduct evidentiary
hearings in accordance with 10 CFR 2.327-2.328, 2.1206-2.1208. The
public is invited to attend any oral argument, prehearing conference,
or evidentiary hearing. Notices of those sessions will be published in
the Federal Register and/or made available to the public at the NRC
Public Document Room (PDR), located at One White Flint North, 11555
Rockville Pike (first floor), Rockville, Maryland, and through the NRC
Web site, www.nrc.gov.
Additionally, as provided in 10 CFR 2.315(a), any person not a
party to the proceeding may submit a written limited appearance
statement. Limited appearance statements, which are placed in the
docket for this proceeding, provide members of the public with an
opportunity to make the Board and/or the participants aware of their
concerns about any matters at issue in the proceeding, particularly any
concerns associated with the admitted contentions. A written limited
appearance statement can be submitted at any time and should be sent to
the Office of the Secretary using one of the methods prescribed below:
Mail to: Office of the Secretary, Rulemakings and Adjudications
Staff, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax to: (301) 415-1101 (verification (301) 415-1966).
Email to: [email protected].
In addition, a copy of the limited appearance statement should be
sent to the Licensing Board Chairman using the same method at the
address below:
Mail to: Administrative Judge G. Paul Bollwerk, III, Atomic Safety
and Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
Fax to: (301) 415-5599 (verification (301) 415-7550).
Email to: [email protected].
Further, at a later date, the Board may conduct oral limited
appearance sessions regarding this ISR proceeding at a location, or
locations, in the vicinity of the MEA site. If one or more limited
appearance sessions are scheduled, notice will be published in the
Federal Register and/or made available to the public at the NRC PDR and
on the NRC Web site, www.nrc.gov.
Documents relating to this proceeding are available for public
inspection at the Commission's PDR or electronically from the publicly
available records component of NRC's Agencywide Documents Access and
Management System (ADAMS). ADAMS, including its adjudicatory
proceeding-related Electronic Hearing Docket, is accessible from the
NRC Web site at www.nrc.gov/reading-rm/adams.html (the Public
Electronic Reading Room). Persons who do not have access to ADAMS, or
who encounter problems in accessing the documents located in ADAMS,
should contact the NRC PDR reference staff by telephone at 1-800-397-
4209, 301-415-4737, or by email to [email protected].
It is so ordered.
Dated: May 16, 2013, Rockville, Maryland.
For the Atomic Safety and Licensing Board.
G. Paul Bollwerk, III,
Chairman, Administrative Judge.
[FR Doc. 2013-12494 Filed 5-24-13; 8:45 am]
BILLING CODE 7590-01-P