81_FR_69748 81 FR 69554 - Strata Energy, Inc.; Ross Uranium In-Situ Recovery Facility; Source and Byproduct Materials License

81 FR 69554 - Strata Energy, Inc.; Ross Uranium In-Situ Recovery Facility; Source and Byproduct Materials License

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 194 (October 6, 2016)

Page Range69554-69555
FR Document2016-24196

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.

Federal Register, Volume 81 Issue 194 (Thursday, October 6, 2016)
[Federal Register Volume 81, Number 194 (Thursday, October 6, 2016)]
[Notices]
[Pages 69554-69555]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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.

------------------------------------------------------------------------
                                                               ADAMS
    Item No.                  Document title               Accession No.
------------------------------------------------------------------------
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.
------------------------------------------------------------------------


    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



                                                69554                        Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Notices

                                                determination is in the ITAAC Closure                   Vogtle Electric Generating Plant Unit 4,              email: Carol.Gallagher@nrc.gov. For
                                                Verification Evaluation Form (VEF) for                  Docket No. 5200026                                    technical questions, contact the
                                                each ITAAC. The VEF is a form that                        A complete list of the review status                individual listed in the FOR FURTHER
                                                represents the NRC staff’s structured                   for VEGP Unit 4 ITAAC, including the                  INFORMATION CONTACT section of this
                                                process for reviewing ICNs. Each ICN                    submission date and ADAMS Accession                   document.
                                                presents a narrative description of how                 Number for each ICN received, the                        • NRC’s Agencywide Documents
                                                the ITAAC was completed. The NRC’s                      ADAMS Accession Number for each                       Access and Management System
                                                ICN review process involves a                           VEF, and the ADAMS Accession                          (ADAMS): You may obtain publicly-
                                                determination on whether, among other                   Numbers for the inspection reports                    available documents online in the
                                                things: (1) Each ICN provides sufficient                associated with these specific ITAAC,                 ADAMS Public Documents collection at
                                                information, including a summary of the                 can be found on the NRC’s Web site at                 http://www.nrc.gov/reading-rm/
                                                methodology used to perform the                         http://www.nrc.gov/reactors/new-                      adams.html. To begin the search, select
                                                ITAAC, to demonstrate that the                          reactors/new-licensing-files/vog4-                    ‘‘ADAMS Public Documents’’ and then
                                                inspections, tests, and analyses have                   icnsr.pdf.                                            select ‘‘Begin WBA Search.’’ For
                                                been successfully completed; (2) each                                                                         problems with ADAMS, please contact
                                                ICN provides sufficient information to                    Dated at Rockville, Maryland, this 29th day         the NRC’s Public Document Room (PDR)
                                                demonstrate that the acceptance criteria                of September 2016.                                    reference staff at 1–800–397–4209, 301–
                                                of the ITAAC are met; and (3) any NRC                     For the Nuclear Regulatory Commission.              415–4737, or by email to pdr.resource@
                                                inspections for the ITAAC have been                     Jennifer Dixon-Herrity,                               nrc.gov. For the convenience of the
                                                completed and any ITAAC findings                        Acting Chief, Licensing Branch 4, Division            reader, the ADAMS accession numbers
                                                associated with that ITAAC have been                    of New Reactor Licensing, Office of New               are provided in a table in the
                                                closed.                                                 Reactors.                                             ‘‘Availability of Documents’’ section of
                                                   The NRC staff’s determination of the                 [FR Doc. 2016–24192 Filed 10–5–16; 8:45 am]           this document.
                                                successful completion of these ITAAC is                 BILLING CODE 7590–01–P                                   • NRC’s PDR: You may examine and
                                                based on information available at this                                                                        purchase copies of public documents at
                                                time and is subject to the licensee’s                                                                         the NRC’s PDR, Room O1–F21, One
                                                ability to maintain the condition that                  NUCLEAR REGULATORY                                    White Flint North, 11555 Rockville
                                                the acceptance criteria are met. If the                 COMMISSION                                            Pike, Rockville, Maryland 20852.
                                                staff receives new information that                     [Docket No. 40–09091; NRC–2011–0148]                  FOR FURTHER INFORMATION CONTACT:
                                                suggests the staff’s determination on any                                                                     Jessie Muir-Quintero, Office of Nuclear
                                                of these ITAAC is incorrect, then the                   Strata Energy, Inc.; Ross Uranium In-                 Material Safety and Safeguards, U.S.
                                                staff will determine whether to reopen                  Situ Recovery Facility; Source and                    Nuclear Regulatory Commission,
                                                that ITAAC (including withdrawing the                   Byproduct Materials License                           Washington DC 20555–0001; telephone:
                                                staff’s determination on that ITAAC).                                                                         301–415–7476; email: Jessie.Muir-
                                                The NRC staff’s determination will be                   AGENCY:  Nuclear Regulatory                           Quintero@nrc.gov.
                                                used to support a subsequent finding,                   Commission.
                                                                                                                                                              SUPPLEMENTARY INFORMATION:
                                                pursuant to 10 CFR 52.103(g), at the end                ACTION: Record of decision; update.
                                                of construction that all acceptance                                                                           I. Discussion
                                                criteria in the combined license are met.               SUMMARY:   The U.S. Nuclear Regulatory                   The NRC issued a license to Strata for
                                                The ITAAC closure process is not                        Commission (NRC) has issued an                        its Ross ISR Facility in Crook County,
                                                finalized for these ITAAC until the NRC                 updated Record of Decision (ROD)                      Wyoming in April 2014. Along with the
                                                makes an affirmative finding under 10                   related to the license for Strata Energy,             issuance of the license, the NRC
                                                CFR 52.103(g). Any future updates to                    Inc. (Strata), Ross Uranium In-Situ                   published a ROD that supported its
                                                the status of these ITAAC will be                       Recovery (ISR) Facility in Crook County,              decision to approve Strata’s license
                                                reflected on the NRC’s Web site at                      Wyoming. Strata’s request for a source                application for the Ross ISR Facility.
                                                http://www.nrc.gov/reactors/new-                        and byproduct materials license for the                  After the license was issued, the
                                                reactors/oversight/itaac.html.                          Ross ISR facility was contested through               NRC’s ASLB, an independent, trial-level
                                                   This notice fulfills the staff’s                     the NRC’s adjudicatory process. On June               adjudicatory body, granted a hearing
                                                obligations under 10 CFR 52.99(e)(1) to                 29, 2016, the Commission denied a                     request from joint intervenors, the
                                                publish a notice in the Federal Register                petition for review of the Atomic Safety              Natural Resources Defense Council and
                                                of the NRC staff’s determination of the                 and Licensing Board’s (ASLB) decision.                the Powder River Basin Resource
                                                successful completion of inspections,                   The ROD has been updated to account                   Council. The ASLB held an evidentiary
                                                tests and analyses.                                     for the ASLB’s decision and the                       hearing from September 30, 2014,
                                                                                                        Commission’s ruling.                                  through October 1, 2014, for three
                                                Vogtle Electric Generating Plant Unit 3,                DATES: The ROD was updated as of                      admitted contentions on environmental
                                                Docket No. 5200025                                      September 28, 2016.                                   matters related to the licensing of the
                                                  A complete list of the review status                  ADDRESSES: Please refer to Docket ID                  Ross ISR Facility. In its initial decision
                                                for VEGP Unit 3 ITAAC, including the                    NRC–2011–0148 when contacting the                     following the hearing, the ASLB ruled
                                                submission date and ADAMS Accession                     NRC about the availability of                         in favor of Strata and the NRC on all
                                                Number for each ICN received, the                       information regarding this document.                  three contentions. In doing so, the ASLB
                                                ADAMS Accession Number for each                         You may access publicly-available                     supplemented the ROD to include a
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                                                VEF, and the ADAMS Accession                            information related to this document                  revised license condition (10.12) and
                                                Numbers for the inspection reports                      using any of the following methods:                   additional analyses that were placed on
                                                associated with these specific ITAAC,                     • Federal Rulemaking Web site: Go to                the record by various parties. In June
                                                can be found on the NRC’s Web site at                   http://www.regulations.gov and search                 2016, the Commission denied a petition
                                                http://www.nrc.gov/reactors/new-                        for Docket ID NRC–2011–0148. Address                  for review of the ASLB’s decision. The
                                                reactors/new-licensing-files/vog3-                      questions about NRC dockets to Carol                  NRC’s initial ROD was published on
                                                icnsr.pdf.                                              Gallagher; telephone: 301–415–3463;                   April 24, 2014. The updated ROD


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                                                                                    Federal Register / Vol. 81, No. 194 / Thursday, October 6, 2016 / Notices                                                                               69555

                                                accounts for the ASLB’s decision and                                 II. Availability of Documents
                                                the Commission’s ruling.                                                The documents identified in the
                                                                                                                     following table are available to
                                                                                                                     interested persons as indicated.

                                                  Item                                                                                                                                                                                    ADAMS
                                                                                                                                      Document title
                                                   No.                                                                                                                                                                                 Accession No.

                                                1 .......    Generic Environmental Impact Statement for In-Situ Leach Uranium Milling Facilities, May 2009 ....................................                                        ML091530075
                                                2 .......    Strata Energy, Inc., Materials License Application, January 4, 2011 ..................................................................................                    ML110120063
                                                3 .......    Supplemental Information, February 28, 2011 .....................................................................................................................         ML110800187
                                                4 .......    ASLB Decision, February 10, 2012 ......................................................................................................................................   ML12041A295
                                                5 .......    Response to Request for Additional Information, March 30, 2012 ......................................................................................                     ML121030404
                                                6 .......    Response to Request for Additional Information, April 6, 2012 ...........................................................................................                 ML121020343
                                                7 .......    Clarification to RAI Responses, August 10, 2012 ................................................................................................................          ML12227A369
                                                8 .......    Technical Report Replacement Pages, January 18, 2013 ...................................................................................................                  ML130370654
                                                9 .......    Containment Barrier Wall Construction Update, October 14, 2013 .....................................................................................                      ML13295A230
                                                10 .....     Safety Evaluation Report Suggested Corrections, October 17, 2013 .................................................................................                        ML13296A026
                                                11 .....     Technical Report Replacement Pages, February 19, 2014 .................................................................................................                   ML14051A020
                                                12 .....     Environmental Impact Statement for the Ross ISR Project in Crook County, Wyoming, Supplement to the Generic En-                                                           ML13078A036
                                                               vironmental Impact Statement for In-Situ Leach Uranium Milling Facilities, Draft Report for Public Comments, March
                                                               31, 2013.
                                                13 .....     Environmental Impact Statement for the Ross ISR Project in Crook County, Wyoming, Supplement to the Generic En-                                                           ML14056A096
                                                               vironmental Impact Statement for In-Situ Leach Uranium Milling Facilities, Final Report, February 28, 2014.
                                                14   .....   Programmatic Agreement for Protection of Cultural Resources, April 2014 .......................................................................                           ML14111A346
                                                15   .....   NRC Safety Evaluation Report, April 18, 2014 ....................................................................................................................         ML14108A088
                                                16   .....   Source and Byproduct Materials License SUA–1601, April 24, 2014 .................................................................................                         ML14069A315
                                                17   .....   NRC Staff’s Record of Decision, April 24, 2014 ..................................................................................................................         ML14073A107
                                                18   .....   Natural Resource Defense Council’s Powder River Basin Resource Council’s Petition for Review of Atomic Safety and                                                         ML15048A103
                                                               Licensing Board’s January 23, 2015 Initial Decision Denying Environmental Contentions 1 Through 3, and Interlocu-
                                                               tory 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 Memorandum and Order, June 29, 2016 .....................................................................                                  ML16181A107
                                                21 .....     NRC Staff’s Updated Record of Decision, September 28, 2016 .........................................................................................                      ML16230A021



                                                  Dated at Rockville, Maryland, this 28th day                        www.prc.gov. Those who cannot submit                                 request, the Commission appoints an
                                                of September 2016.                                                   comments electronically should contact                               officer of the Commission to represent
                                                  For the Nuclear Regulatory Commission.                             the person identified in the FOR FURTHER                             the interests of the general public in the
                                                Craig G. Erlanger,                                                   INFORMATION CONTACT section by                                       proceeding, pursuant to 39 U.S.C. 505
                                                Director, Division of Fuel Cycle Safety,                             telephone for advice on filing                                       (Public Representative). Section II also
                                                Safeguards and Environmental Review, Office                          alternatives.                                                        establishes comment deadline(s)
                                                of Nuclear Material Safety and Safeguards.                           FOR FURTHER INFORMATION CONTACT:                                     pertaining to each request.
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Document Created: 2016-10-06 02:38:33
Document Modified: 2016-10-06 02:38:33
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
ActionRecord of decision; update.
DatesThe ROD was updated as of September 28, 2016.
ContactJessie 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]
FR Citation81 FR 69554 

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