[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Notices]
[Pages 69554-69555]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24196]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-09091; NRC-2011-0148]


Strata Energy, Inc.; Ross Uranium In-Situ Recovery Facility; 
Source and Byproduct Materials License

AGENCY: Nuclear Regulatory Commission.

ACTION: Record of decision; update.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has issued an 
updated Record of Decision (ROD) related to the license for Strata 
Energy, Inc. (Strata), Ross Uranium In-Situ Recovery (ISR) Facility in 
Crook County, Wyoming. Strata's request for a source and byproduct 
materials license for the Ross ISR facility was contested through the 
NRC's adjudicatory process. On June 29, 2016, the Commission denied a 
petition for review of the Atomic Safety and Licensing Board's (ASLB) 
decision. The ROD has been updated to account for the ASLB's decision 
and the Commission's ruling.

DATES: The ROD was updated as of September 28, 2016.

ADDRESSES: Please refer to Docket ID NRC-2011-0148 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0148. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin WBA 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]. For the 
convenience of the reader, the ADAMS accession numbers are provided in 
a table in the ``Availability of Documents'' section of this document.
     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: Jessie Muir-Quintero, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington DC 20555-0001; telephone: 301-415-7476; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Discussion

    The NRC issued a license to Strata for its Ross ISR Facility in 
Crook County, Wyoming in April 2014. Along with the issuance of the 
license, the NRC published a ROD that supported its decision to approve 
Strata's license application for the Ross ISR Facility.
    After the license was issued, the NRC's ASLB, an independent, 
trial-level adjudicatory body, granted a hearing request from joint 
intervenors, the Natural Resources Defense Council and the Powder River 
Basin Resource Council. The ASLB held an evidentiary hearing from 
September 30, 2014, through October 1, 2014, for three admitted 
contentions on environmental matters related to the licensing of the 
Ross ISR Facility. In its initial decision following the hearing, the 
ASLB ruled in favor of Strata and the NRC on all three contentions. In 
doing so, the ASLB supplemented the ROD to include a revised license 
condition (10.12) and additional analyses that were placed on the 
record by various parties. In June 2016, the Commission denied a 
petition for review of the ASLB's decision. The NRC's initial ROD was 
published on April 24, 2014. The updated ROD

[[Page 69555]]

accounts for the ASLB's decision and the Commission's ruling.

II. Availability of Documents

    The documents identified in the following table are available to 
interested persons as indicated.

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                                                               ADAMS
    Item No.                  Document title               Accession No.
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1...............  Generic Environmental Impact Statement     ML091530075
                   for In-Situ Leach Uranium Milling
                   Facilities, May 2009.
2...............  Strata Energy, Inc., Materials License     ML110120063
                   Application, January 4, 2011.
3...............  Supplemental Information, February 28,     ML110800187
                   2011.
4...............  ASLB Decision, February 10, 2012......     ML12041A295
5...............  Response to Request for Additional         ML121030404
                   Information, March 30, 2012.
6...............  Response to Request for Additional         ML121020343
                   Information, April 6, 2012.
7...............  Clarification to RAI Responses, August     ML12227A369
                   10, 2012.
8...............  Technical Report Replacement Pages,        ML130370654
                   January 18, 2013.
9...............  Containment Barrier Wall Construction      ML13295A230
                   Update, October 14, 2013.
10..............  Safety Evaluation Report Suggested         ML13296A026
                   Corrections, October 17, 2013.
11..............  Technical Report Replacement Pages,        ML14051A020
                   February 19, 2014.
12..............  Environmental Impact Statement for the     ML13078A036
                   Ross ISR Project in Crook County,
                   Wyoming, Supplement to the Generic
                   Environmental Impact Statement for In-
                   Situ Leach Uranium Milling
                   Facilities, Draft Report for Public
                   Comments, March 31, 2013.
13..............  Environmental Impact Statement for the     ML14056A096
                   Ross ISR Project in Crook County,
                   Wyoming, Supplement to the Generic
                   Environmental Impact Statement for In-
                   Situ Leach Uranium Milling
                   Facilities, Final Report, February
                   28, 2014.
14..............  Programmatic Agreement for Protection      ML14111A346
                   of Cultural Resources, April 2014.
15..............  NRC Safety Evaluation Report, April        ML14108A088
                   18, 2014.
16..............  Source and Byproduct Materials License     ML14069A315
                   SUA-1601, April 24, 2014.
17..............  NRC Staff's Record of Decision, April      ML14073A107
                   24, 2014.
18..............  Natural Resource Defense Council's         ML15048A103
                   Powder River Basin Resource Council's
                   Petition for Review of Atomic Safety
                   and Licensing Board's January 23,
                   2015 Initial Decision Denying
                   Environmental Contentions 1 Through
                   3, and Interlocutory Decisions
                   Denying Environmental Contentions \4/
                   5\ and \6/7\, February 17, 2015.
19..............  ASLB Decision, January 23, 2015.......     ML15023A566
20..............  Commission Decision, CLI-16-13             ML16181A107
                   Memorandum and Order, June 29, 2016.
21..............  NRC Staff's Updated Record of              ML16230A021
                   Decision, September 28, 2016.
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    Dated at Rockville, Maryland, this 28th day of September 2016.

    For the Nuclear Regulatory Commission.

Craig G. Erlanger,
Director, Division of Fuel Cycle Safety, Safeguards and Environmental 
Review, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2016-24196 Filed 10-5-16; 8:45 am]
 BILLING CODE 7590-01-P