[Federal Register Volume 90, Number 39 (Friday, February 28, 2025)]
[Notices]
[Pages 10956-10957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03287]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 40-9075-LR; ASLBP No. 25-987-01-LR-BD01]
Atomic Safety and Licensing Board Panel; Before Administrative
Judges: Jeremy A. Mercer, Chair; Nicholas G. Trikouros; Dr. Gary S.
Arnold; In the Matter of: Powertech (USA) Inc., (Dewey-Burdock In Situ
Uranium Recovery Facility) Order (Notice of Hearing)
February 25, 2025.
This proceeding concerns the March 4, 2024 license renewal
application (``LRA'') of Powertech (USA) Inc. for a 20-year renewal of
its operating license for a yet-to-be constructed in-situ uranium
recovery facility (``Dewey-Burdock Project'') in western South
[[Page 10957]]
Dakota.\1\ In response to a Notice in the Federal Register setting
October 8, 2024, as the deadline for interested persons to submit
petitions to intervene,\2\ the Oglala Sioux Tribe, the Black Hills
Clean Water Alliance, and the NDN Collective (together, the
``Organizational Petitioners'') timely filed a Petition to Intervene
and Request for Hearing.\3\
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\1\ 89 FR 65401 (Aug. 9, 2024); Letter from Peter Luthiger,
Chief Operating Officer, Powertech, to Director, Office of Nuclear
Materials Safety and Safeguards (NMSS) (Mar. 4, 2024) (ADAMS
Accession No. ML24081A103). One of the enclosures to the LRA is a
combined technical/environmental report. See id. unnumbered encl.,
Powertech, Dewey-Burdock Project, [LRA] for SUA-1600 Fall River and
Custer Counties, South Dakota, Combined Technical Report/
Environmental Report (Mar. 2024) (ADAMS Accession No. ML24082A062).
\2\ 89 FR 65401 (Aug. 9, 2024).
\3\ Powertech (USA) Inc. (Dewey-Burdock In Situ Uranium Recovery
Facility), LBP-25-03, 101 NRC __, __ (slip op. at 3) (Jan. 31, 2025)
(ADAMS Accession No. ML25031A411).
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On October 15, 2024, this three-member Atomic Safety and Licensing
Board (``Board'') was established to preside over this Proceeding.\4\
Thereafter, in a January 31, 2025 issuance, the Board determined that
the Organizational Petitioners had standing and had submitted three
admissible contentions, as reformulated by the Board, and so admitted
the Organizational Petitioners as parties to this proceeding.\5\ The
Nuclear Regulatory Commission (``NRC'') Staff filed a Notice of Intent
to Participate as a Party on February 12, 2025.
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\4\ Establishment of Atomic Safety and Licensing Board, 89 FR
84206 (Oct. 21, 2024) (ADAMS Accession No. ML24289A135).
\5\ Powertech, LBP-25-03, 101 NRC at __ (slip op. at 8-16, 19-
50, 62). Ms. Susan Henderson also timely filed a Petition for Leave
to Intervene. Id. (slip op. at 2 & n.6). The Board determined that
Ms. Henderson had standing but failed to submit an admissible
contention. Id. (slip op. at 16-18, 57-62). Accordingly, the Board
denied Ms. Henderson's Petition. Id. (slip op. at 62).
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In light of the foregoing, and pursuant to 10 CFR 2.312, please
take notice that a hearing will be held in this proceeding at a time
and place to be fixed by subsequent Order. The hearing will be
conducted using the procedures set forth in 10 CFR part 2, subparts C
and L.
During the course of this proceeding, the Board may conduct oral
argument, hold pre-hearing conferences, and conduct evidentiary
hearings.\6\ Unless otherwise ordered, the public is invited to attend
any oral argument, prehearing conference, or evidentiary hearing.\7\
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,
Rockville, Maryland,\8\ and through the NRC website, www.nrc.gov.
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\6\ See 10 CFR 2.327-2.329, 2.331, 2.1206-2.1208.
\7\ 10 CFR 2.328.
\8\ Information on accessing the PDR can be found at https://www.nrc.gov/reading-rm/pdr.html (last accessed February 20, 2025).
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Additionally, as provided in 10 CFR 2.315(a) and in the Board's
Initial Pre-hearing Order,\9\ 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 (i.e.,
they are available to the public), provide members of the public with
an opportunity to make the Board and/or the participants (now parties)
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, must
identify clearly this proceeding (preferably at least by use of the
docket number 40-9075-LR), and should be sent to the Office of the
Secretary using one of the methods prescribed below:
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\9\ Licensing Board Memorandum and Order (Initial Prehearing
Order) (Oct. 17, 2024) (unpublished) (ADAMS Accession No.
ML24291A098).
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) 415-1677).
Email to: [email protected].
Additionally, whoever submits a written limited appearance
statement should send a copy of it to the Board Chair, using the same
method, at the address below:
Mail to: Administrative Judge Jeremy A. Mercer, Atomic Safety and
Licensing Board Panel, Mail Stop T3 A02, 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 In Situ Recovery proceeding at a
location, or locations, in the vicinity of the Dewey-Burdock Project.
If one or more oral limited appearance session is/are scheduled, notice
will be published in the Federal Register and/or made available to the
public at the PDR and on the NRC website, www.nrc.gov.
Documents relating to this proceeding are available for public
inspection at the PDR or can be obtained 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 website at https://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS, or who encounter
problems in accessing the documents located in ADAMS, should contact
the PDR reference staff by telephone at 1-800-397-4209 or by email to
[email protected].
It is so ordered.
For the Atomic Safety and Licensing Board.
Dated: February 25, 2025. Rockville, Maryland.
Jeremy Mercer,
Chair, Administrative Judge.
[FR Doc. 2025-03287 Filed 2-27-25; 8:45 am]
BILLING CODE 7590-01-P