[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Notices]
[Pages 65401-65403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17583]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-9075; NRC-2024-0129]
Powertech (USA) Inc.; Dewey-Burdock In-Situ Uranium Recovery
Facility; License Renewal Application
AGENCY: Nuclear Regulatory Commission.
ACTION: Opportunity to request a hearing and to petition for leave to
intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering an
application for the renewal of Source and Byproduct Materials License
No. SUA-1600, which authorizes Powertech (USA) Inc. to operate the
Dewey-Burdock Uranium In-Situ Recovery Facility (Dewey-Burdock
Project)--a facility that has not been constructed. The applicant
requests a renewed license that, if granted, would authorize it to
operate the Dewey-Burdock Project for 20 years beyond the period
specified in the current license.
DATES: A request for a hearing or petition for leave to intervene must
be filed by October 8, 2024.
ADDRESSES: Please refer to Docket ID NRC-2024-0129 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly available information related to this document
using any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0129. Address
questions about Docket IDs in regulations.gov to Stacy Schumann;
telephone: 301-415-0624; 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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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, at 301-415-4737,
or by email to [email protected]. The ADAMS accession number for
each document referenced (if it is available in ADAMS) is provided the
first time that it is mentioned in this document.
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
For additional direction on obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Thomas Lancaster, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6563; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC received a license renewal application (LRA) from Powertech
(USA) Inc., dated March 4, 2024, (ADAMS Package Accession No.
ML24081A108) requesting renewal of Source and Byproduct Materials
License No. SUA-1600. This license authorizes Powertech (USA) Inc. to
operate the Dewey-Burdock Project, which is a uranium recovery facility
that has not been constructed. The Dewey-Burdock Project is located in
Fall River and Custer Counties, South Dakota. Powertech (USA) Inc.
submitted the application, pursuant to part 2 and part 40 of title 10
of the Code of Federal Regulations (10 CFR).
The NRC's staff has determined that Powertech (USA) Inc. has
submitted sufficient information to enable the staff to undertake a
review of the application, and that the application is, therefore,
acceptable for docketing. The current docket number, 40-9075, for
license SUA-1600, will be retained. The determination to accept the LRA
for docketing does not constitute a determination that a renewed
license should be issued and does not preclude the NRC staff from
requesting additional information as the review proceeds.
Before issuance of the requested renewed license, the NRC will have
made the findings required by the Atomic Energy Act of 1954, as amended
(the Act), and the Commission's rules
[[Page 65402]]
and regulations. The NRC may issue a renewed license on the basis of
its review if it finds there is reasonable assurance that the
activities authorized by the renewed license will continue to meet the
requirements for the issuance of a license under the Act and the
Commission's regulations. The license SUA-1600 will not be deemed to
have expired until the application has been finally determined.
Additionally, in accordance with 10 CFR part 51, the NRC will
prepare a National Environmental Policy Act environmental document for
the site. In considering the LRA, the NRC must find that the applicable
requirements of 10 CFR part 51 have been satisfied.
II. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 60 days after the date of publication of this notice, any
person (petitioner) whose interest may be affected by this action may
file a request for a hearing and petition for leave to intervene
(petition) with respect to the action. Petitions shall be filed in
accordance with the Commission's ``Agency Rules of Practice and
Procedure'' in 10 CFR part 2. Interested persons should consult a
current copy of 10 CFR 2.309. If a petition is filed, the presiding
officer will rule on the petition and, if appropriate, a notice of a
hearing will be issued.
Petitions must be filed no later than 60 days from the date of
publication of this notice in accordance with the filing instructions
in the ``Electronic Submissions (E-Filing)'' section of this document.
Petitions and motions for leave to file new or amended contentions that
are filed after the deadline will not be entertained absent a
determination by the presiding officer that the filing demonstrates
good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i)
through (iii).
A State, local governmental body, federally recognized Indian
Tribe, or designated agency thereof, may submit a petition to the
Commission to participate as a party under 10 CFR 2.309(h) no later
than 60 days from the date of publication of this notice.
Alternatively, a State, local governmental body, federally recognized
Indian Tribe, or agency thereof may participate as a non-party under 10
CFR 2.315(c).
For information about filing a petition and about participation by
a person not a party under 10 CFR 2.315, see ADAMS Accession No.
ML20340A053 (https://adamswebsearch2.nrc.gov/webSearch2/main.jsp?AccessionNumber=ML20340A053) and on the NRC's public website
at https://www.nrc.gov/about-nrc/regulatory/adjudicatory/hearing.html#participate.
III. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including
documents filed by an interested State, local governmental body,
federally recognized Indian Tribe, or designated agency thereof that
requests to participate under 10 CFR 2.315(c), must be filed in
accordance with 10 CFR 2.302. 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,
unless an exemption permitting an alternative filing method, as further
discussed, is granted. Detailed guidance on electronic submissions is
located in the ``Guidance for Electronic Submissions to the NRC''
(ADAMS Accession No. ML13031A056) and on the NRC's public website at
https://www.nrc.gov/site-help/e-submittals.html.
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 (1) request a digital identification (ID)
certificate, which allows the participant (or its counsel or
representative) to digitally sign submissions and access the E-Filing
system for any proceeding in which it is participating; and (2) advise
the Secretary that the participant will be submitting a petition or
other adjudicatory document (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 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 website at https://www.nrc.gov/site-help/e-submittals/getting-started.html. After a digital ID certificate is
obtained and a docket created, the participant must submit adjudicatory
documents in Portable Document Format. Guidance on submissions is
available on the NRC's public website at https://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the
time the document is 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. ET on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an email confirming receipt of the document. The E-Filing
system also distributes an email 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 document on those
participants separately. Therefore, applicants and other participants
(or their counsel or representative) must apply for and receive a
digital ID certificate before adjudicatory documents are filed to
obtain access to the documents via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic
Filing Help Desk through the ``Contact Us'' link located on the NRC's
public website at https://www.nrc.gov/site-help/e-submittals.html, by
email to [email protected], or by a toll-free call at 1-866-672-
7640. The NRC Electronic Filing Help Desk is available between 9 a.m.
and 6 p.m., ET, Monday through Friday, except Federal holidays.
Participants who believe that they have 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
stating why there is good cause for not filing electronically and
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted in accordance with 10 CFR
2.302(b)-(d). Participants filing adjudicatory documents in this manner
are responsible for serving their documents on all other participants.
Participants granted an exemption under 10 CFR 2.302(g)(2) must still
meet the electronic formatting requirement in 10 CFR 2.302(g)(1),
unless the participant also seeks and is granted an exemption from 10
CFR 2.302(g)(1).
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket, which is publicly available at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the
presiding officer. If you do not have an NRC-issued digital ID
certificate as previously described, click ``cancel'' when the link
requests certificates and you will be automatically directed to the
NRC's electronic hearing docket where you will be able to access any
publicly available documents in a particular hearing docket.
Participants are requested not to include personal privacy information
such as social security numbers, home addresses, or personal phone
numbers in their filings
[[Page 65403]]
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 should not include
copyrighted materials in their submission.
Copies of the application to renew the operating license for the
Dewey-Burdock Project are available for public inspection at the NRC's
PDR, and on the NRC's public website at https://www.nrc.gov/reactors/operating/licensing/renewal/applications.html, while the application is
under review. The application may be accessed in ADAMS through the NRC
Library on the internet at https://www.nrc.gov/reading-rm/adams.html
under ADAMS Package Accession No. ML24081A108.
As previously stated in this document, persons who do not have
access to ADAMS or who encounter problems in accessing the documents
located in ADAMS may contact the NRC's PDR reference staff by telephone
at 1-800-397-4209 or 301-415-4737, or by email to
[email protected].
Dated: August 5, 2024.
For the Nuclear Regulatory Commission.
Randolph W. Von Till,
Chief, Uranium Recovery and Materials Decommissioning Branch, Division
of Decommissioning, Uranium Recovery and Waste Programs, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 2024-17583 Filed 8-8-24; 8:45 am]
BILLING CODE 7590-01-P