[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42552-42554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17593]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-8943; ASLBP No. 08-867-02-OLA-BD01]
Atomic Safety And Licensing Board; Before Administrative Judges:
Michael M. Gibson, Chair, Dr. Richard E. Wardwell, Brian K. Hajek, Alan
S. Rosenthal (Special Assistant to the Board); In the Matter of Crow
Butte Resources, Inc. (License Renewal for the In Situ Leach Facility,
Crawford, Nebraska)
July 13, 2015.
Notice of Hearing
(Notice of Evidentiary Hearing and Opportunity To Provide Written
Limited Appearance Statements)
The Atomic Safety and Licensing Board (Board) hereby gives notice
that it
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will convene an evidentiary hearing to receive testimony and exhibits
regarding the contested application of Crow Butte Resources, Inc. (Crow
Butte) before the U.S. Nuclear Regulatory Commission (NRC) seeking a
renewal of its license to operate an in-situ uranium leach recovery
(ISL) facility near Crawford, Nebraska.\1\ The Board also hereby gives
notice that it will accept written limited appearance statements from
members of the public regarding the License Renewal Application.
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\1\ Application for 2007 License Renewal USNRC Source Materials
License SUA-1534 Crow Butte License Area (Nov. 2007) (ADAMS
Accession No. ML073480264) [hereinafter License Renewal
Application]. ``ADAMS'' refers to the NRC's public document
management system, and is discussed more below.
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I. Background of Proceeding
On May 27, 2008, notice of the Crow Butte License Renewal
Application was published in the Federal Register.\2\ Three groups
petitioned to intervene as parties in the proceeding and requested that
an evidentiary hearing be held on the application.\3\ After oral
argument, on November 21, 2008, the Board granted two of the
petitions,\4\ admitting the Oglala Sioux Tribe and Consolidated
Intervenors \5\ as parties.\6\ At that time, the Board admitted nine
contentions proposed by the intervenors.\7\ Shortly thereafter, on
December 10, 2008, the Board admitted a tenth contention.\8\
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\2\ Notice of Opportunity for Hearing, Crow Butte Resources,
Inc., Crawford, NE., In Situ Leach Recovery Facility, 73 FR 30,426
(May 27, 2008).
\3\ Oglala Delegation of the Great Sioux Nation Treaty Council
Request for Hearing and Petition for Leave to Intervene (July 30,
2008) (ADAMS Accession No. ML082170263); Oglala Sioux Tribe Request
for Hearing and/or Petition to Intervene (July 29, 2008) (ADAMS
Accession No. ML082170264); Consolidated Request for Hearing and
Petition for Leave to Intervene (July 28, 2008) (ADAMS Accession No.
ML082170525).
\4\ See LBP-08-24, 68 NRC 691, 760 (2008).
\5\ Id. Although originally named ``Consolidated Petitioners,''
the Board now refers to Beatrice Long Visitor Holy Dance, Debra
White Plume, Thomas Kanatakeniate Cook, Loretta Afraid of Bear Cook,
Afraid of Bear/Cook Tiwahe, Joe American Horse, Sr., American Horse
Tiospaye, Owe Aku/Bring Back the Way, and the Western Nebraska
Resources Council as ``Consolidated Intervenors.''
\6\ The Board denied a request to intervene by the Oglala
Delegation of the Great Sioux Nation Treaty Council, but admitted
the delegation as an interested local government body. Id.
\7\ Id. at 760-61.
\8\ See LBP-08-27, 68 NRC 951, 957 (2008).
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The NRC Staff and Crow Butte appealed the Board's admission of the
contentions.\9\ On appeal, the Commission affirmed the intervenors'
standing,\10\ and affirmed the admissibility of four of the ten
contentions.\11\ The Oglala Sioux Tribe and Consolidated Intervenors
sought review of the Commission's determination by the Court of Appeals
for the Eighth Circuit, but their petition for review was
dismissed.\12\
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\9\ NRC Staff's Notice of Appeal of LBP-08-24, Licensing Board's
Order of November 21, 2008, and Accompanying Brief (Dec. 10, 2008)
(ADAMS Accession No. ML083450781); Crow Butte Resources' Notice of
Appeal of LBP-08-24 (Dec. 10, 2008) (ADAMS Accession No.
ML083450359).
\10\ The Commission provided an opportunity for Owe Aku/Bring
Back the Way, and the Western Nebraska Resources Council to correct
technical deficiencies with their standing affidavits. See CLI-09-9,
69 NRC 331, 366 (2009); Intervenors' Submission of Anders Affidavit
(June 17, 2009) (ADAMS Accession No. ML091690486); Affidavit of
David Alan House in Support of Owe Aku (July 17, 2009) (ADAMS
Accession No. ML092300005).
\11\ CLI-09-9, 69 NRC at 366; see also Licensing Board Order
(Canceling Oral Argument, Ruling on Summary Disposition of
Consolidated Petitioners' Miscellaneous Contention G, Requiring
Filing of Affidavits) (May 27, 2009) (unpublished) (ADAMS Accession
No. ML091470499).
\12\ Oglala Sioux Tribe v. NRC, No. 09-2262 & 09-2285, slip op.
(8th Cir. July 22, 2009).
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On October 27, 2014, approximately six and a half years after the
License Renewal Application was made available to the public, the NRC
Staff notified the Board of the public availability of its
Environmental Assessment.\13\ Ten days later, the Staff notified the
Board that it had issued a renewed license to Crow Butte with an
expiration date of November 5, 2024.\14\ The Oglala Sioux Tribe and
Consolidated Intervenors requested a stay of the license, but the Board
denied to issue a stay.\15\
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\13\ Environmental Assessment Availability Notification, Letter
from Marcia Simon, NRC Staff Counsel, to Administrative Judges and
Parties (Oct. 27, 2014) (ADAMS Accession No. ML14300A228). The
Environmental Assessment was prepared pursuant to the National
Environmental Policy Act, 42 U.S.C. 4321 et seq., and the agency's
implementing regulations, located in 10 CFR part 51.
\14\ License Renewal Notification, Letter from Marcia Simon, NRC
Staff Counsel, to Administrative Judges and Parties (Nov. 6, 2014)
(ADAMS Accession No. ML14310A434). The renewed license was issued
pursuant to 10 CFR 2.1202(a), which allows certain NRC license
applications to be granted despite the pendency of a hearing.
\15\ See LBP-15-2, 81 NRC 48 (2015).
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On January 5, 2015, the Oglala Sioux Tribe and Consolidated
Intervenors moved to admit several new contentions that were based on
the Environmental Assessment.\16\ After oral argument, the Board
admitted five new contentions, and supplemented one of the four
previously-admitted contentions.\17\ On March 16, 2015, Consolidated
Intervenors moved to admit additional contentions based on the United
States Environmental Protection Agency's proposed rulemaking on uranium
ISL,\18\ but the Board denied admission of these contentions.\19\
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\16\ The Oglala Sioux Tribe's Renewed and New Contentions Based
on the Final Environmental Assessment (October 2014) (Jan. 5, 2015)
(ADAMS Accession No. ML15005A541); Consolidated Intervenors' New
Contentions Based on the Final Environmental Assessment (October
2014) (Jan. 5, 2015) (ADAMS Accession No. ML15006A274).
\17\ LBP-15-11, 81 NRC __, __ (slip op. at 59-61) (Mar. 16,
2015).
\18\ Consolidated Intervenors' Motion For Additional Contentions
Based On [Environmental Protection Agency] Proposed Rules (Mar. 16,
2015) (ADAMS Accession No. ML15076A305).
\19\ See LBP-15-15, 81 NRC __, __ (slip op. at 24) (Apr. 28,
2015). The NRC Staff also made available its Safety Evaluation
Report of the License Renewal Application on January 2, 2013. See
Safety Evaluation Report Availability Notification, Letter from
Brett Michael Patrick Klukan, NRC Staff Counsel, to Administrative
Judges and Parties (Jan. 2, 2013) (ADAMS Accession No. ML13002A279).
A revised Safety Evaluation Report was made available on August 24,
2014. See Revised Safety Evaluation Report Availability
Notification, Letter from David M. Cylkowski, NRC Staff Counsel, to
Administrative Judges and Parties (Aug. 24, 2014) (ADAMS Accession
No. ML14232A141). No new contentions were proposed based on the
publication of these documents.
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Starting on August 24, 2015, the Board will hold an evidentiary
hearing under 10 CFR part 2, subpart L procedures to receive testimony
and exhibits on the admitted contentions in this proceeding. The
parties to this proceeding (Crow Butte, the NRC Staff, the Oglala Sioux
Tribe, and Consolidated Intervenors) have previously filed written
narrative testimony and exhibits they intend to offer on the merits of
the nine admitted contentions.
II. Matters To Be Considered
The evidentiary hearing will concern the admitted contentions in
this proceeding, Contentions A, C, D, F, 1, 6, 9, 12, and 14. These
contentions generally challenge the adequacy of (1) the evaluation and
protection of historical and cultural resources on the site, and (2)
the agency's analysis of the project's impacts on surface water,
groundwater, and the ecosystem of the surrounding area. Appendix A,
which follows this Notice, contains the statements of the contentions.
III. Date, Time, and Location of Evidentiary Hearing
The hearing will commence on Monday, August 24, 2015, at 9:30 a.m.,
MDT and continue daily through Friday, August 28, 2014 at 6:00 p.m.,
MDT, unless the parties conclude their cases earlier. The evidentiary
hearing will take place at the: Crawford Community Center, 1005 1st
Street, Crawford, Nebraska 69339.
The Board anticipates addressing the admitted contentions in the
following order:
Panel 1: Contentions A, C, D, F, 14
Panel 2: Contentions 6, 9, 12
Panel 3: Contention 1
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Members of the public and media are welcome to attend and observe
the evidentiary hearing, which will involve technical, scientific, and
legal questions and testimony. Participation in the hearing will be
limited to the parties, their lawyers, and witnesses. Please be aware
that security measures will 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 facility.\20\ No firearms or other weapons will be
allowed in the facility.\21\
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\20\ See Procedures for Providing Security Support for NRC
Public Meetings/Hearings, 66 FR 31,719 (June 12, 2001).
\21\ A Notice prohibiting the use of weapons at Atomic Safety
and Licensing Board proceedings in Nebraska will be issued shortly.
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IV. Submitting Written Limited Appearance Statements
As provided in 10 CFR 2.315(a), any person (other than a party or
the representative of a party to this proceeding) may submit a written
statement setting forth his or her position on matters of concern
related to this proceeding, known as a limited appearance statement.
Although these statements do not constitute testimony or evidence, and
are not treated as statements made under oath, they nonetheless may
assist the Board or the parties in their consideration of the issues in
this proceeding. Anyone who is considering submitting a limited
appearance statement, however, should be aware that the jurisdiction of
this Board and the scope of this proceeding are limited to the Crow
Butte License Renewal Application, and, more particularly, to the nine
admitted contentions in Appendix A.
Written limited appearance statements may be submitted by August
28, 2015, and should be sent by mail, fax, or email both to the Office
of the Secretary and the Chairman of this Licensing Board:
Office of the Secretary
Mail: Office of the Secretary, Rulemakings and Adjudications Staff,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax: (301) 415-1101 (verification (301) 415-1966).
Email: [email protected].
Chairman of the Licensing Board
Mail: Administrative Judge Michael M. Gibson, Chairman, c/o
Nicholas Sciretta & Sachin Desai, Law Clerks, Atomic Safety and
Licensing Board Panel, Mail Stop T-3F23, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
Fax: (301) 415-5599 (verification (301) 415-4128).
Email: [email protected] & [email protected].
V. Availability of Documentary Information Regarding the Proceeding
Documents relating to Crow Butte's License Renewal Application are
available on the NRC Web site at http://www.nrc.gov/info-finder/materials/uranium/licensed-facilities/crow-butte.html. These and other
documents related to this proceeding are available for public
inspection at the Commission's Public Document Room, located in One
White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland 20852 or electronically from 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.\22\
Persons who do not have access to ADAMS or who encounter problems in
accessing the documents located in ADAMS should contact the NRC Public
Document Room 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].
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\22\ 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.
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It is so ordered.
For The Atomic Safety and Licensing Board.
Rockville, Maryland, July 13, 2015.
Michael M. Gibson,
Chair, Administrative Judge.
Appendix A
Contentions To Be Heard at the Evidentiary Hearing
Contention A: There is no evidence based science for the NRC
Staff's conclusion that ISL mining has ``no non radiological health
impacts,'' or that non radiological impacts for possible excursions
or spills are ``small.''
Contention C: The NRC Staff's characterization that the impact
of surface waters from an accident is ``minimal since there are no
nearby surface water features,'' does not accurately address the
potential for environmental harm to the White River.
Contention D (merged with EA Contention 3 & 10): The NRC Staff
incorrectly states there is no communication among the aquifers,
when in fact, the Basal Chadron aquifer, where mining occurs, and
the aquifer, which provides drinking water to the Pine Ridge Indian
Reservation, communicate with each other, resulting in the
possibility of contamination of the potable water. Based on this
potential communication between the aquifers, the EA's environmental
justice analysis, including analysis of cumulative effects, should
be expanded to consider potential impacts on the aquifer which
provides drinking water to the Pine Ridge Indian Reservation.
Contention F: Failure to include recent research.
Contention 1 (Merged Contentions 1 & 2): Whether the cultural
surveys performed and incorporated into the EA formed a sufficient
basis on which to renew Crow Butte's permit.
Contention 6: The Final EA violates the National Environmental
Policy Act in concluding that the short-term impacts from
consumptive ground water use during aquifer restoration are
MODERATE.
Contention 9: The Final EA violates 10 CFR 51.10, 51.70 and
51.71, and the National Environmental Policy Act and implementing
regulations by failing to include the required discussion of ground
water restoration mitigation measures.
Contention 12: The Final EA omits a discussion of the impact of
tornadoes on the license renewal area, and inadequately discusses
the potential impacts from land application of ISL mining
wastewater.
Contention 14: The Final EA violates the National Environmental
Policy Act in its failure to provide an analysis of the impacts on
the project from earthquakes; especially as it concerns secondary
porosity and adequate confinement. These failings violate 10 CFR
51.10, 51.70 and 51.71, and the National Environmental Policy Act,
and implementing regulations.
[FR Doc. 2015-17593 Filed 7-16-15; 8:45 am]
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