80_FR_42689 80 FR 42552 - 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)

80 FR 42552 - 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)

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 137 (July 17, 2015)

Page Range42552-42554
FR Document2015-17593

Federal Register, Volume 80 Issue 137 (Friday, July 17, 2015) 
[Federal Register Volume 80, Number 137 (Friday, July 17, 2015)]
[Notices]
[Pages 42552-42554]
From the Federal Register Online  [www.thefederalregister.org]
[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

[[Page 42553]]

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


[[Page 42554]]


    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: hearingdocket@nrc.gov.

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: Nicholas.Sciretta@nrc.gov & Sachin.Desai@nrc.gov.

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 
pdr.resource@nrc.gov.
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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]
 BILLING CODE 7590-01-P

42552 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices DATES: See Supplementary Information Teachers, submitted to the Division of Time: 8:30 a.m. to 5:00 p.m. section for meeting dates. Research Programs. Room: P003. ADDRESSES: The meetings will be held at 7. Date: August 06, 2014. This meeting will discuss Constitution Center at 400 7th Street Time: 8:30 a.m. to 5:00 p.m. applications on the subject of American SW., Washington, DC 20506. See Room: P003. Studies for Fellowships for University Supplementary Information for meeting This meeting will discuss Teachers, submitted to the Division of room numbers. applications on the subject of European Research Programs. History for Fellowships for University 16. Date: August 14, 2014. FOR FURTHER INFORMATION CONTACT: Teachers, submitted to the Division of Time: 8:30 a.m. to 5:00 p.m. Lisette Voyatzis, Committee Research Programs. Room: Education Team Room. Management Officer, 400 7th Street 8. Date: August 10, 2014. This meeting will discuss SW., Room, 4060, Washington, DC Time: 8:30 a.m. to 5:00 p.m. applications on the subjects of Social 20506; (202) 606–8322; evoyatzis@ Room: P002. neh.gov. Hearing-impaired individuals Sciences and the History of Science for This meeting will discuss Fellowships for University Teachers, who prefer to contact us by phone may applications on the subjects of African use NEH’s TDD terminal at (202) 606– submitted to the Division of Research and Middle Eastern Studies for Programs. 8282. Fellowships for University Teachers, 17. Date: August 27, 2014. SUPPLEMENTARY INFORMATION: Pursuant submitted to the Division of Research Time: 8:30 a.m. to 5:00 p.m. to section 10(a)(2) of the Federal Programs. Room: 4002. Advisory Committee Act (5 U.S.C. 9. Date: August 11, 2014. This meeting will discuss App.), notice is hereby given of the Time: 8:30 a.m. to 5:00 p.m. applications for the Preservation and following meetings: Room: P002. Access Education and Training grant 1. Date: August 03, 2015. This meeting will discuss program, submitted to the Division of Time: 8:30 a.m. to 5:00 p.m. applications on the subject of Latin Preservation and Access. Room: P002. American Studies for Fellowships for Because these meetings will include This meeting will discuss University Teachers, submitted to the review of personal and/or proprietary applications on the subject of Asian Division of Research Programs. financial and commercial information Studies for Fellowships for University 10. Date: August 11, 2014. given in confidence to the agency by Teachers, submitted to the Division of Time: 8:30 a.m. to 5:00 p.m. grant applicants, the meetings will be Research Programs. Room: P003. 2. Date: August 04, 2014. closed to the public pursuant to sections This meeting will discuss Time: 8:30 a.m. to 5:00 p.m. 552b(c)(4) and 552b(c)(6) of Title 5, applications on the subject of Latin Room: P002. U.S.C., as amended. I have made this American Studies for Fellowships for This meeting will discuss determination pursuant to the authority University Teachers, submitted to the applications on the subjects of granted me by the Chairman’s Division of Research Programs. Anthropology and New World Delegation of Authority to Close 11. Date: August 11, 2014. Archaeology for Fellowships for Advisory Committee Meetings dated Time: 8:30 a.m. to 5:00 p.m. University Teachers, submitted to the July 19, 1993. Room: 2002. Division of Research Programs. This meeting will discuss Dated: July 8, 2015. 3. Date: August 04, 2014. applications for the Humanities Open Elizabeth Voyatzis, Time: 8:30 a.m. to 5:00 p.m. Book grant program, submitted to the Committee Management Officer. Room: P003. Office of Digital Humanities. [FR Doc. 2015–17555 Filed 7–16–15; 8:45 am] This meeting will discuss 12. Date: August 12, 2014. BILLING CODE 7536–01–P applications on the subject of American Time: 8:30 a.m. to 5:00 p.m. Literature for Fellowships for University Room: P002. Teachers, submitted to the Division of This meeting will discuss Research Programs. NUCLEAR REGULATORY applications on the subjects of 4. Date: August 05, 2014. COMMISSION Ethnomusicology and Anthropology for Time: 8:30 a.m. to 5:00 p.m. Fellowships for University Teachers, [Docket No. 40–8943; ASLBP No. 08–867– Room: P002. submitted to the Division of Research 02–OLA–BD01] This meeting will discuss Programs. applications on the subjects of Romance 13. Date: August 12, 2014. Atomic Safety And Licensing Board; Literature and Studies for Fellowships Time: 8:30 a.m. to 5:00 p.m. Before Administrative Judges: Michael for University Teachers, submitted to Room: P003. M. Gibson, Chair, Dr. Richard E. the Division of Research Programs. This meeting will discuss Wardwell, Brian K. Hajek, Alan S. 5. Date: August 05, 2014. applications on the subjects of Medieval Rosenthal (Special Assistant to the Time: 8:30 a.m. to 5:00 p.m. and Renaissance Studies for Board); In the Matter of Crow Butte Room: P003. Fellowships for University Teachers, Resources, Inc. (License Renewal for This meeting will discuss submitted to the Division of Research the In Situ Leach Facility, Crawford, applications on the subject of Asian Programs. Nebraska) Studies for Fellowships for University 14. Date: August 13, 2014. July 13, 2015. Teachers, submitted to the Division of Time: 8:30 a.m. to 5:00 p.m. srobinson on DSK5SPTVN1PROD with NOTICES Research Programs. Room: P002. Notice of Hearing 6. Date: August 06, 2014. This meeting will discuss Time: 8:30 a.m. to 5:00 p.m. applications on the subject of American (Notice of Evidentiary Hearing and Room: P002. History for Fellowships for University Opportunity To Provide Written Limited This meeting will discuss Teachers, submitted to the Division of Appearance Statements) applications on the subject of European Research Programs. The Atomic Safety and Licensing History for Fellowships for University 15. Date: August 13, 2014. Board (Board) hereby gives notice that it VerDate Sep<11>2014 20:59 Jul 16, 2015 Jkt 235001 PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1

Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices 42553 will convene an evidentiary hearing to standing,10 and affirmed the contentions based on the United States receive testimony and exhibits regarding admissibility of four of the ten Environmental Protection Agency’s the contested application of Crow Butte contentions.11 The Oglala Sioux Tribe proposed rulemaking on uranium ISL,18 Resources, Inc. (Crow Butte) before the and Consolidated Intervenors sought but the Board denied admission of these U.S. Nuclear Regulatory Commission review of the Commission’s contentions.19 (NRC) seeking a renewal of its license to determination by the Court of Appeals Starting on August 24, 2015, the operate an in-situ uranium leach for the Eighth Circuit, but their petition Board will hold an evidentiary hearing recovery (ISL) facility near Crawford, for review was dismissed.12 under 10 CFR part 2, subpart L Nebraska.1 The Board also hereby gives On October 27, 2014, approximately procedures to receive testimony and notice that it will accept written limited six and a half years after the License exhibits on the admitted contentions in appearance statements from members of Renewal Application was made this proceeding. The parties to this the public regarding the License available to the public, the NRC Staff proceeding (Crow Butte, the NRC Staff, Renewal Application. notified the Board of the public the Oglala Sioux Tribe, and availability of its Environmental Consolidated Intervenors) have I. Background of Proceeding Assessment.13 Ten days later, the Staff previously filed written narrative On May 27, 2008, notice of the Crow notified the Board that it had issued a testimony and exhibits they intend to Butte License Renewal Application was renewed license to Crow Butte with an offer on the merits of the nine admitted published in the Federal Register.2 expiration date of November 5, 2024.14 contentions. Three groups petitioned to intervene as The Oglala Sioux Tribe and Consolidated Intervenors requested a II. Matters To Be Considered parties in the proceeding and requested that an evidentiary hearing be held on stay of the license, but the Board denied The evidentiary hearing will concern the application.3 After oral argument, on to issue a stay.15 the admitted contentions in this November 21, 2008, the Board granted On January 5, 2015, the Oglala Sioux proceeding, Contentions A, C, D, F, 1, 6, two of the petitions,4 admitting the Tribe and Consolidated Intervenors 9, 12, and 14. These contentions Oglala Sioux Tribe and Consolidated moved to admit several new contentions generally challenge the adequacy of (1) Intervenors 5 as parties.6 At that time, that were based on the Environmental the evaluation and protection of the Board admitted nine contentions Assessment.16 After oral argument, the historical and cultural resources on the proposed by the intervenors.7 Shortly Board admitted five new contentions, site, and (2) the agency’s analysis of the thereafter, on December 10, 2008, the and supplemented one of the four project’s impacts on surface water, Board admitted a tenth contention.8 previously-admitted contentions.17 On groundwater, and the ecosystem of the March 16, 2015, Consolidated surrounding area. Appendix A, which The NRC Staff and Crow Butte Intervenors moved to admit additional follows this Notice, contains the appealed the Board’s admission of the contentions.9 On appeal, the 10 The Commission provided an opportunity for statements of the contentions. Commission affirmed the intervenors’ Owe Aku/Bring Back the Way, and the Western III. Date, Time, and Location of Nebraska Resources Council to correct technical Evidentiary Hearing 1 Application for 2007 License Renewal USNRC deficiencies with their standing affidavits. See CLI– Source Materials License SUA–1534 Crow Butte 09–9, 69 NRC 331, 366 (2009); Intervenors’ The hearing will commence on Submission of Anders Affidavit (June 17, 2009) License Area (Nov. 2007) (ADAMS Accession No. (ADAMS Accession No. ML091690486); Affidavit of Monday, August 24, 2015, at 9:30 a.m., ML073480264) [hereinafter License Renewal MDT and continue daily through David Alan House in Support of Owe Aku (July 17, Application]. ‘‘ADAMS’’ refers to the NRC’s public document management system, and is discussed 2009) (ADAMS Accession No. ML092300005). Friday, August 28, 2014 at 6:00 p.m., more below. 11 CLI–09–9, 69 NRC at 366; see also Licensing MDT, unless the parties conclude their 2 Notice of Opportunity for Hearing, Crow Butte Board Order (Canceling Oral Argument, Ruling on cases earlier. The evidentiary hearing Summary Disposition of Consolidated Petitioners’ Resources, Inc., Crawford, NE., In Situ Leach Miscellaneous Contention G, Requiring Filing of will take place at the: Crawford Recovery Facility, 73 FR 30,426 (May 27, 2008). Community Center, 1005 1st Street, 3 Oglala Delegation of the Great Sioux Nation Affidavits) (May 27, 2009) (unpublished) (ADAMS Treaty Council Request for Hearing and Petition for Accession No. ML091470499). Crawford, Nebraska 69339. 12 Oglala Sioux Tribe v. NRC, No. 09–2262 & 09– Leave to Intervene (July 30, 2008) (ADAMS The Board anticipates addressing the 2285, slip op. (8th Cir. July 22, 2009). Accession No. ML082170263); Oglala Sioux Tribe 13 Environmental Assessment Availability admitted contentions in the following Request for Hearing and/or Petition to Intervene order: Notification, Letter from Marcia Simon, NRC Staff (July 29, 2008) (ADAMS Accession No. Counsel, to Administrative Judges and Parties (Oct. Panel 1: Contentions A, C, D, F, 14 ML082170264); Consolidated Request for Hearing 27, 2014) (ADAMS Accession No. ML14300A228). and Petition for Leave to Intervene (July 28, 2008) The Environmental Assessment was prepared Panel 2: Contentions 6, 9, 12 (ADAMS Accession No. ML082170525). Panel 3: Contention 1 4 See LBP–08–24, 68 NRC 691, 760 (2008). pursuant to the National Environmental Policy Act, 42 U.S.C. 4321 et seq., and the agency’s 5 Id. Although originally named ‘‘Consolidated implementing regulations, located in 10 CFR part 18 Consolidated Intervenors’ Motion For Petitioners,’’ the Board now refers to Beatrice Long 51. Additional Contentions Based On [Environmental Visitor Holy Dance, Debra White Plume, Thomas 14 License Renewal Notification, Letter from Protection Agency] Proposed Rules (Mar. 16, 2015) Kanatakeniate Cook, Loretta Afraid of Bear Cook, Marcia Simon, NRC Staff Counsel, to (ADAMS Accession No. ML15076A305). Afraid of Bear/Cook Tiwahe, Joe American Horse, Administrative Judges and Parties (Nov. 6, 2014) 19 See LBP–15–15, 81 NRC __, __ (slip op. at 24) Sr., American Horse Tiospaye, Owe Aku/Bring Back (ADAMS Accession No. ML14310A434). The (Apr. 28, 2015). The NRC Staff also made available the Way, and the Western Nebraska Resources renewed license was issued pursuant to 10 CFR its Safety Evaluation Report of the License Renewal Council as ‘‘Consolidated Intervenors.’’ 2.1202(a), which allows certain NRC license 6 The Board denied a request to intervene by the Application on January 2, 2013. See Safety applications to be granted despite the pendency of Evaluation Report Availability Notification, Letter Oglala Delegation of the Great Sioux Nation Treaty a hearing. from Brett Michael Patrick Klukan, NRC Staff Council, but admitted the delegation as an 15 See LBP–15–2, 81 NRC 48 (2015). Counsel, to Administrative Judges and Parties (Jan. srobinson on DSK5SPTVN1PROD with NOTICES interested local government body. Id. 16 The Oglala Sioux Tribe’s Renewed and New 2, 2013) (ADAMS Accession No. ML13002A279). A 7 Id. at 760–61. Contentions Based on the Final Environmental revised Safety Evaluation Report was made 8 See LBP–08–27, 68 NRC 951, 957 (2008). Assessment (October 2014) (Jan. 5, 2015) (ADAMS available on August 24, 2014. See Revised Safety 9 NRC Staff’s Notice of Appeal of LBP–08–24, Accession No. ML15005A541); Consolidated Evaluation Report Availability Notification, Letter Licensing Board’s Order of November 21, 2008, and Intervenors’ New Contentions Based on the Final from David M. Cylkowski, NRC Staff Counsel, to Accompanying Brief (Dec. 10, 2008) (ADAMS Environmental Assessment (October 2014) (Jan. 5, Administrative Judges and Parties (Aug. 24, 2014) Accession No. ML083450781); Crow Butte 2015) (ADAMS Accession No. ML15006A274). (ADAMS Accession No. ML14232A141). No new Resources’ Notice of Appeal of LBP–08–24 (Dec. 10, 17 LBP–15–11, 81 NRC __, __ (slip op. at 59–61) contentions were proposed based on the 2008) (ADAMS Accession No. ML083450359). (Mar. 16, 2015). publication of these documents. VerDate Sep<11>2014 20:59 Jul 16, 2015 Jkt 235001 PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1

42554 Federal Register / Vol. 80, No. 137 / Friday, July 17, 2015 / Notices Members of the public and media are Regulatory Commission, Washington, of contamination of the potable water. Based welcome to attend and observe the DC 20555–0001. on this potential communication between the evidentiary hearing, which will involve Fax: (301) 415–5599 (verification aquifers, the EA’s environmental justice (301) 415–4128). analysis, including analysis of cumulative technical, scientific, and legal questions effects, should be expanded to consider and testimony. Participation in the Email: Nicholas.Sciretta@nrc.gov & potential impacts on the aquifer which hearing will be limited to the parties, Sachin.Desai@nrc.gov. provides drinking water to the Pine Ridge their lawyers, and witnesses. Please be V. Availability of Documentary Indian Reservation. aware that security measures will be Information Regarding the Proceeding Contention F: Failure to include recent employed at the entrance to the facility, research. including searches of hand-carried Documents relating to Crow Butte’s Contention 1 (Merged Contentions 1 & 2): items such as briefcases or backpacks. License Renewal Application are Whether the cultural surveys performed and available on the NRC Web site at http:// incorporated into the EA formed a sufficient No signs, banners, posters, or other basis on which to renew Crow Butte’s permit. displays will be permitted in the www.nrc.gov/info-finder/materials/ Contention 6: The Final EA violates the facility.20 No firearms or other weapons uranium/licensed-facilities/crow- National Environmental Policy Act in will be allowed in the facility.21 butte.html. These and other documents concluding that the short-term impacts from related to this proceeding are available consumptive ground water use during aquifer IV. Submitting Written Limited for public inspection at the restoration are MODERATE. Appearance Statements Commission’s Public Document Room, Contention 9: The Final EA violates 10 As provided in 10 CFR 2.315(a), any located in One White Flint North, 11555 CFR 51.10, 51.70 and 51.71, and the National Rockville Pike (first floor), Rockville, Environmental Policy Act and implementing person (other than a party or the regulations by failing to include the required representative of a party to this Maryland 20852 or electronically from discussion of ground water restoration proceeding) may submit a written the publicly available records mitigation measures. statement setting forth his or her component of the NRC’s document Contention 12: The Final EA omits a position on matters of concern related to system (ADAMS). ADAMS is accessible discussion of the impact of tornadoes on the this proceeding, known as a limited from the NRC Web site at http:// license renewal area, and inadequately appearance statement. Although these www.nrc.gov/reading-rm/adams.html.22 discusses the potential impacts from land statements do not constitute testimony Persons who do not have access to application of ISL mining wastewater. ADAMS or who encounter problems in Contention 14: The Final EA violates the or evidence, and are not treated as National Environmental Policy Act in its statements made under oath, they accessing the documents located in failure to provide an analysis of the impacts nonetheless may assist the Board or the ADAMS should contact the NRC Public on the project from earthquakes; especially as parties in their consideration of the Document Room reference staff by it concerns secondary porosity and adequate issues in this proceeding. Anyone who telephone between 8:00 a.m. and 4:00 confinement. These failings violate 10 CFR is considering submitting a limited p.m. Eastern Time, Monday through 51.10, 51.70 and 51.71, and the National appearance statement, however, should Friday except federal holidays at (800) Environmental Policy Act, and implementing be aware that the jurisdiction of this 397–4209 or (301) 415–4737, or by regulations. Board and the scope of this proceeding sending an email to pdr.resource@ [FR Doc. 2015–17593 Filed 7–16–15; 8:45 am] are limited to the Crow Butte License nrc.gov. BILLING CODE 7590–01–P Renewal Application, and, more It is so ordered. particularly, to the nine admitted For The Atomic Safety and Licensing contentions in Appendix A. Board. NUCLEAR REGULATORY Written limited appearance Rockville, Maryland, July 13, 2015. COMMISSION statements may be submitted by August Michael M. Gibson, [Docket No. 50–390; NRC–2015–0170] 28, 2015, and should be sent by mail, Chair, Administrative Judge. fax, or email both to the Office of the Tennessee Valley Authority, Watts Bar Appendix A Secretary and the Chairman of this Nuclear Plant, Unit 1 Licensing Board: Contentions To Be Heard at the Evidentiary Hearing AGENCY: Nuclear Regulatory Office of the Secretary Commission. Contention A: There is no evidence based science for the NRC Staff’s conclusion that ACTION: License amendment application; Mail: Office of the Secretary, Rulemakings and Adjudications Staff, ISL mining has ‘‘no non radiological health opportunity to comment, request a U.S. Nuclear Regulatory Commission, impacts,’’ or that non radiological impacts for hearing, and petition for leave to possible excursions or spills are ‘‘small.’’ intervene. Washington, DC 20555–0001. Contention C: The NRC Staff’s Fax: (301) 415–1101 (verification characterization that the impact of surface SUMMARY: The U.S. Nuclear Regulatory (301) 415–1966). waters from an accident is ‘‘minimal since Commission (NRC) is considering Email: hearingdocket@nrc.gov. there are no nearby surface water features,’’ issuance of an amendment to Facility does not accurately address the potential for Operating License No. NPF–90, issued Chairman of the Licensing Board environmental harm to the White River. Contention D (merged with EA Contention to the Tennessee Valley Authority, for Mail: Administrative Judge Michael operation of the Watts Bar Nuclear Plant 3 & 10): The NRC Staff incorrectly states M. Gibson, Chairman, c/o Nicholas there is no communication among the (WBN), Unit 1. The proposed Sciretta & Sachin Desai, Law Clerks, aquifers, when in fact, the Basal Chadron amendment modifies the technical Atomic Safety and Licensing Board aquifer, where mining occurs, and the specifications to define support systems srobinson on DSK5SPTVN1PROD with NOTICES Panel, Mail Stop T–3F23, U.S. Nuclear aquifer, which provides drinking water to the needed in the first 48 hours after a unit Pine Ridge Indian Reservation, communicate shutdown when steam generators are 20 See Procedures for Providing Security Support with each other, resulting in the possibility not available for heat removal. The for NRC Public Meetings/Hearings, 66 FR 31,719 proposed change is required to support (June 12, 2001). 22 Documents which are determined to contain 21 A Notice prohibiting the use of weapons at sensitive or proprietary information may only be dual unit operation of WBN (a licensing Atomic Safety and Licensing Board proceedings in available in redacted form. All non-sensitive decision for WBN, Unit 2 is currently Nebraska will be issued shortly. documents are available in their complete form. expected to be made in the fall of 2015). VerDate Sep<11>2014 20:59 Jul 16, 2015 Jkt 235001 PO 00000 Frm 00088 Fmt 4703 Sfmt 4703 E:\FR\FM\17JYN1.SGM 17JYN1


Document Created: 2018-02-23 09:21:05
Document Modified: 2018-02-23 09:21:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 42552 
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