[Federal Register Volume 79, Number 141 (Wednesday, July 23, 2014)]
[Pages 42836-42837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17219]



[Docket No. 40-9075-MLA ASLBP No. 10-898-02-MLA-BD01]

Atomic Safety and Licensing Board; Before Administrative Judges: 
William J. Froehlich, Chairman; Dr. Richard F. Cole; Dr. Mark O. 
Barnett; In the Matter of Powertech Usa, Inc. (Dewey-Burdock In Situ 
Uranium Recovery Facility); Notice of Evidentiary Hearing

July 16, 2014.
    This proceeding arises from an application submitted by Powertech 
(USA), Inc. (Powertech) to the U.S. Nuclear Regulatory Commission (NRC) 
requesting a license to construct and operate a proposed In-Situ 
Uranium Recovery (ISR) facility in Custer and Fall River Counties, 
South Dakota.\1\ This facility is to be known as the Dewey-Burdock ISR 
facility. Notice of the Powertech license application (Application) was 
published in the Federal Register on January 5, 2010.\2\ That 
publication provided interested parties notice of the Application and 
the opportunity to request a hearing. On August 5, 2010, this Licensing 
Board granted two petitions to intervene and requests for hearing.\3\ 
The Board admitted the Oglala Sioux Tribe and the Consolidated 
Intervenors \4\ as

[[Page 42837]]

intervenors in this proceeding. The Board also admitted a total of 
seven contentions proposed by the Oglala Sioux Tribe and the 
Consolidated Intervenors.\5\ On November 15, 2012, the Nuclear 
Regulatory Commission Staff (NRC Staff) notified the Board of the 
public availability of its Draft Supplemental Environmental Impact 
Statement (DSEIS) prepared pursuant to the National Environmental 
Policy Act (NEPA), 42 U.S.C. 4332, and the agency's implementing 
regulations, 10 CFR part 51.\6\ On January 25, 2013, both the Oglala 
Sioux Tribe and the Consolidated Intervenors filed additional proposed 
contentions relating to the DSEIS.\7\ On July 22, 2013, the Board 
admitted three contentions proposed by the Oglala Sioux Tribe in 
response to the DSEIS.\8\ On January 29, 2014, the NRC Staff issued the 
Final Supplemental Environmental Impact Statement (FSEIS).\9\ On April 
8, 2014 the NRC Staff issued NRC Source Materials License No. SUA-1600 
to Powertech.\10\ On June 20, 2014, the Oglala Sioux Tribe voluntarily 
withdrew two of its admitted contentions.\11\

    \1\ Powertech (USA) Inc.'s Submission of an Application for a 
Nuclear Regulatory Commission
    Uranium Recovery License for its Proposed Dewey-Burdock In Situ 
Leach Uranium Recovery
    Facility in the State of South Dakota (Feb. 25, 2009) (ADAMS 
Accession No. ML091030707).
    \2\ Notice of Opportunity for Hearing, License Application 
Request of Powertech (USA) Inc. Dewey-Burdock In Situ Uranium 
Recovery Facility in Fall River and Custer Counties, SD, and Order 
Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) for Contention Preparation, 75 FR 467 
(Jan. 5, 2010).
    \3\ See LBP-10-16, 72 NRC 361 (2010).
    \4\ Although originally called the Consolidated Petitioners, the 
Board now refers to Susan Henderson, Dayton Hyde, and Aligning for 
Responsible Mining (ARM) as the Consolidated Intervenors.
    \5\ 72 NRC at 443-44.
    \6\ Letter to Administrative Judges Froehlich, Cole, and 
Barnett, from Patricia Jehle, Counsel for NRC Staff (Nov. 15, 2012) 
(ADAMS Accession No. ML12320A623); see Supplement to the Generic 
Environmental Impact Statement for In-Situ Leach Uranium Milling 
Facilities, NUREG-1910 (Supp. 4, Nov. 2012) (ADAMS Accession Nos. 
ML12312A040 and ML12312A040) [hereinafter DSEIS].
    \7\ See List of Contentions of the Oglala Sioux Tribe Based on 
the [DSEIS] (Jan. 25, 2013); Consolidated Intervenors' New 
Contentions Based on DSEIS (Jan. 25, 2013).
    \8\ See LBP-13-09, 78 NRC 37, 114 (2013).
    \9\ Supplement to the Generic Environmental Impact Statement for 
In-Situ Leach Uranium Milling Facilities, Final Report, NUREG-1910 
(Supp. 4 Jan. 2014) (ADAMS Accession Nos. ML14024A477 (Chapters 1-5) 
and ML14024A478 (Chapters 6-11 and Appendices)) [hereinafter FSEIS].
    \10\ Materials License, NRC Form 374 (Apr. 8, 2014) (ADAMS 
Accession No. ML14043A392). See also ADAMS Accession Package Number 
ML14043A052, which includes the license transmittal letter, the 
license, and the Final Safety Evaluation Report. The NRC Staff also 
issued its Record of Decision for the Dewey-Burdock Uranium In-Situ 
Recovery (ISR) Project at ADAMS Accession No. ML14066A466. The Final 
Programmatic Agreement was executed April 7, 2014 and is available 
in ADAMS Accession Package No. ML14066A344.
    \11\ See Order (Granting Request to Withdraw and Motion to 
Dismiss Contentions 14A and 14B) (July 15, 2014) (unpublished).

    Pursuant to 10 CFR 2.312, the Atomic Safety and Licensing Board 
hereby provides notice that it will hold an evidentiary hearing under 
10 CFR part 2, Subpart L procedures to receive testimony and exhibits 
in this proceeding.\12\ Parties to this proceeding (including the NRC 
Staff) have begun to provide evidentiary submissions in support of or 
in opposition to the merits of the admitted contentions.\13\

    \12\ On July 3, 2014, in a separate Notice, the Board informed 
the parties and the public that, in accordance with 10 CFR 2.315(a), 
it will entertain oral and written limited appearance statements 
from members of the public in connection with this proceeding. 79 FR 
39,413 (July 3, 2014).
    \13\ Initial testimony and exhibits were filed on June 20, 2014 
and answering testimony and exhibits were filed on July 15, 2014. 
See Order (Providing Case Management Information) (June 2, 2014) 

I. Matters To Be Considered

    Contentions 1A, 1B, 2, 3, 4, 6, and 9 will be at issue in the 
evidentiary hearing. These contentions generally concern the adequacy 
of (1) the project's protection of historical and cultural resources, 
and (2) the agency's FSEIS analysis of the project's impacts on the 
water and ecosystem of the surrounding area. Appendix A, which follows 
this order, contains the substance of each contention.

II. Date, Time, and Location of Evidentiary Hearing

    The Board will take oral testimony beginning Tuesday, August 19, 
2014, at 9:00 a.m., MDT and continue daily through Thursday, August 21, 
2014 at 5:00 p.m., MDT.
    The evidentiary hearing will take place at the: Hotel Alex Johnson, 
523 Sixth Street, Rapid City, South Dakota 57701.
    We anticipate addressing the admitted contentions in the following 
    Panel 1: Contentions 1A and 1B;
    Panel 2: Contentions 2, 3 and 4;
    Panel 3: Contentions 6 and 9.
    Members of the public and media are welcome to attend and observe 
the evidentiary hearing, which will involve technical, scientific and 
regulatory questions and testimony. Participation in the hearing will 
be limited to the parties, their lawyers, and witnesses. Please be 
aware that security measures may be employed at the entrance to the 
facility, including searches of hand-carried items such as briefcases 
or backpacks. No signs, banners, posters, or other displays will be 
permitted in the courtroom.\14\

    \14\ See Procedures for Providing Security Support for NRC 
Public Meetings/Hearings, 66 FR 31,719 (June 12, 2001).

III. Availability of Documentary Information Regarding the Proceeding

    Documents relating to Powertech's application are available on the 
NRC Web site at http://www.nrc.gov/info-finder/materials/uranium/licensed-facilities/dewey-burdock.html (last visited July 16, 2014). 
These documents are also available for public inspection at the 
Commission's Public Document Room (PDR), located in One White Flint 
North, 11555 Rockville Pike, Rockville, Maryland 20852 or 
electronically on the publicly available records component of the NRC's 
document system (ADAMS). ADAMS is accessible from the NRC Web site at 
http://www.nrc.gov/reading-rm/adams.html (last visited July 16, 
2014).\15\ 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 between 8:00 a.m. and 4:00 p.m. 
Eastern Time, Monday through Friday except federal holidays at (800) 
397-4209 or (301) 415-4737 or by sending an email to 
[email protected].

    \15\ Documents which are determined to contain sensitive or 
proprietary information may only be available in redacted form. All 
non-sensitive documents are available in their complete form.

    It is so ordered.

    For the Atomic Safety and Licensing Board. Rockville, Maryland.

    Dated: July 16, 2014.
William J. Froehlich,
Chair, Administrative Judge.


Contention 1A: Failure to Meet Applicable Legal Requirements 
Regarding Protection of Historical and Cultural Resources.
Contention 1B: Failure to Involve or Consult All Interested Tribes 
as Required by Federal Law.
Contention 2: The FSEIS Fails to Include Necessary Information for 
Adequate Determination of Baseline Ground Water Quality.
Contention 3: The FSEIS Fails to Include Adequate Hydrogeological 
Information to Demonstrate Ability to Contain Fluid Migration and 
Assess Potential Impacts to Groundwater.
Contention 4: The FSEIS Fails to Adequately Analyze Ground Water 
Quantity Impacts.
Contention 6: The FSEIS Fails to Adequately Describe or Analyze 
Proposed Mitigation Measures.
Contention 9: The FSEIS Fails to Consider Connected Actions.

[FR Doc. 2014-17219 Filed 7-22-14; 8:45 am]