Notice of License Application of Lost Creek ISR, LLC, for a New In Situ Leach Uranium Recovery Facility at the Lost Creek Site, Sweetwater County, Wyoming, and Opportunity to Request a Hearing and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information (SUNSI) for Contention Preparation, 39728-39731 [E8-15695]
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Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices
document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
Comments and questions should be
directed to the OMB reviewer listed
below by August 11, 2008. Comments
received after this date will be
considered if it is practical to do so, but
assurance of consideration cannot be
given to comments received after this
date.
Nathan J. Frey, Office of Information
and Regulatory Affairs (3150–0107),
NEOB–10202, Office of Management
and Budget, Washington, DC 20503.
Comments can also be e-mailed to
Nathan_J._Frey@omb.eop.gov or
submitted by telephone at (202) 395–
7345.
The NRC Clearance Officer is
Margaret A. Janney, (301) 415–7245.
I. Introduction
Dated at Rockville, Maryland, this 2nd day
of July, 2008.
For the Nuclear Regulatory Commission.
Gregory Trussell,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. E8–15678 Filed 7–9–08; 8:45 am]
By letter dated October 30, 2007, Lost
Creek ISR, LLC (LCI) submitted a Source
Materials License Application to the
Nuclear Regulatory Commission (NRC)
for a new in situ leach (ISL) uranium
recovery facility at its Lost Creek site in
Sweetwater County, Wyoming. The Lost
Creek facility would involve the
recovery of uranium by ISL extraction
techniques. By letter dated February 29,
2008, LCI withdrew the application to
revise its radiation protection program;
the application was resubmitted on
March 31, 2008. An NRC administrative
review, documented in a letter dated
June 10, 2008, found the application
acceptable to begin a detailed technical
and environmental review. Before
approving the license application, the
NRC will need to make the findings
required by the Atomic Energy Act of
1954, as amended, and NRC’s
regulations. These findings will be
documented in a Safety Evaluation
Report (SER) and a site-specific
environmental review consistent with
the provisions of 10 CFR Part 51.
BILLING CODE 7590–01–P
II. Opportunity To Request a Hearing
NUCLEAR REGULATORY
COMMISSION
[Docket No. 040–09068]
Notice of License Application of Lost
Creek ISR, LLC, for a New In Situ
Leach Uranium Recovery Facility at the
Lost Creek Site, Sweetwater County,
Wyoming, and Opportunity to Request
a Hearing and Order Imposing
Procedures for Access to Sensitive
Unclassified Non-Safeguards
Information (SUNSI) for Contention
Preparation
Nuclear Regulatory
Commission.
ACTION: Notice of license application for
a new uranium recovery facility, and
opportunity to request a hearing.
AGENCY:
A request for a hearing must be
filed by September 8, 2008.
FOR FURTHER INFORMATION CONTACT:
Stephen J. Cohen, Project Manager,
Uranium Recovery Licensing Branch,
Division of Waste Management and
Environmental Protection, Office of
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone:
(301) 415–7182; fax number: (301) 415–
5369; e-mail: stephen.cohen@nrc.gov.
SUPPLEMENTARY INFORMATION:
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The NRC hereby provides notice that
this is a proceeding on an application
for a source materials license regarding
LCI’s proposal to construct and operate
the Lost Creek ISL uranium recovery
facility in Sweetwater County,
Wyoming. Any person whose interest
may be affected by this proceeding, and
who desires to participate as a party,
must file a request for a hearing and a
specification of the contentions which
the person seeks to have litigated in the
hearing, in accordance with the NRC EFiling rule, which the NRC promulgated
in August 2007, 72 Federal Register
49139 (August 28, 2007). The E-Filing
rule requires participants to submit and
serve documents over the internet or in
some cases to mail copies on electronic
storage media. Participants may not
submit paper copies of their filings
unless they seek a waiver in accordance
with the procedures described below.
To comply with the procedural
requirements of E-Filing, at least ten
(10) days prior to the filing deadline, the
petitioner/requester must contact the
Office of the Secretary by e-mail at
hearingdocket@nrc.gov, or by calling
(301) 415–1677, to request (1) a digital
identification (ID) certificate, which
allows the participant (or its counsel or
representative) to digitally sign
documents and access the E-Submittal
server for any proceeding in which it is
participating; and/or (2) creation of an
electronic docket for the proceeding
(even in instances in which the
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petitioner/requester (or its counsel or
representative) already holds an NRCissued digital ID certificate). Each
petitioner/requester will need to
download the Workplace Forms
ViewerTM to access the Electronic
Information Exchange (EIE), a
component of the E-Filing system. The
Workplace Forms ViewerTM is free and
is available at https://www.nrc.gov/sitehelp/e-submittals/install-viewer.html.
Information about applying for a digital
ID certificate is available on NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals/applycertificates.html.
Once a petitioner/requester has
obtained a digital ID certificate, has a
docket created, and downloaded the EIE
viewer, the petitioner/requester can
then submit a request for hearing or
petition for leave to intervene.
Submissions should be in Portable
Document Format in accordance with
NRC guidance available on the NRC
public Web site at https://www.nrc.gov/
site-help/e-submittals.html. A filing is
considered complete at the time the filer
submits its documents through EIE. To
be timely, an electronic filing must be
submitted to the EIE system no later
than 11:59 p.m. Eastern Time on the due
date. Upon receipt of a transmission, the
E-Filing system time-stamps the
document and sends the submitter an email notice confirming receipt of the
document. The EIE system also
distributes an e-mail notice that
provides access to the document to the
NRC 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 documents on
those participants separately. Therefore,
applicants and other participants (or
their counsel or representative) must
apply for and receive a digital ID
certificate before a hearing request/
petition to intervene is filed so that they
can obtain access to the document via
the E-Filing system.
A person filing electronically may
seek assistance through the ‘‘Contact
Us’’ link located on the NRC website at
https://www.nrc.gov/site-help/esubmittals.html, or by calling the NRC
technical help line, which is available
between 8:30 a.m. and 4:15 p.m.,
Eastern Time, Monday through Friday.
The help line number is (800) 397–4209
or locally, (301) 415–4737.
Participants who believe that they
have a good cause for not submitting
documents electronically must file a
motion, in accordance with 10 CFR
2.302(g), with their initial paper filing
requesting authorization to continue to
submit documents in paper format.
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Such filings must be submitted by: (1)
First class mail addressed to the Office
of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemaking and Adjudications Staff; or
(2) courier, express mail, or expedited
delivery service to the Office of the
Secretary, Sixteenth Floor, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland, 20852, Attention:
Rulemaking and Adjudications Staff.
Participants filing a document in this
manner are responsible for serving the
document on all other participants.
Filing is considered complete by firstclass mail as of the time of deposit in
the mail, or by courier, express mail, or
expedited delivery service upon
depositing the document with the
provider of the service.
Non-timely requests and/or petitions
and contentions will not be entertained
absent a determination by the
Commission, the presiding officer, or
the Atomic Safety and Licensing Board
that the petition and/or request should
be granted and/or the contentions
should be admitted based on a
balancing of the factors specified in 10
CFR 2.309(c)(1)(i)–(viii). To be timely,
filings must be submitted no later than
11:59 p.m. Eastern Time on the due
date.
Documents submitted in adjudicatory
proceedings will appear in NRC’s
electronic hearing docket which is
available to the public at https://
ehd.nrc.gov/EHD_Proceeding/home.asp,
unless excluded pursuant to an order of
the Commission, an Atomic Safety and
Licensing Board, or a Presiding Officer.
Participants are requested not to include
social security numbers in their filings.
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 are requested
not to include copyrighted materials in
their submissions.
The formal requirements for
documents contained in 10 CFR
2.304(c)–(e) must be met. If the NRC
grants an electronic document
exemption in accordance with 10 CFR
2.302(g)(3), then the requirements for
paper documents, set forth in 10 CFR
2.304(b) must be met.
In accordance with 10 CFR 2.309(b),
a request for a hearing must be filed by
September 8, 2008.
In addition to meeting other
applicable requirements of 10 CFR
2.309, a request for a hearing filed by a
person other than an applicant must
state:
1. The name, address, and telephone
number of the requester;
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2. The nature of the requester’s right
under the Act to be made a party to the
proceeding;
3. The nature and extent of the
requester’s property, financial, or other
interest in the proceeding;
4. The possible effect of any decision
or order that may be issued in the
proceeding on the requester’s interest;
and
5. The circumstances establishing that
the request for a hearing is timely in
accordance with 10 CFR 2.309(b).
In accordance with 10 CFR 2.309(f)(1),
a request for hearing or petitions for
leave to intervene must set forth with
particularity the contentions sought to
be raised. For each contention, the
request or petition must:
1. Provide a specific statement of the
issue of law or fact to be raised or
controverted;
2. Provide a brief explanation of the
basis for the contention;
3. Demonstrate that the issue raised in
the contention is within the scope of the
proceeding;
4. Demonstrate that the issue raised in
the contention is material to the
findings that the NRC must make to
support the action that is involved in
the proceeding;
5. Provide a concise statement of the
alleged facts or expert opinions which
support the requester’s/petitioner’s
position on the issue and on which the
requester/petitioner intends to rely to
support its position on the issue; and
6. Provide sufficient information to
show that a genuine dispute exists with
the applicant on a material issue of law
or fact. This information must include
references to specific portions of the
application (including the applicant’s
environmental report and technical
report) that the requester/petitioner
disputes and the supporting reasons for
each dispute, or, if the requester/
petitioner believes the application fails
to contain information on a relevant
matter as required by law, the
identification of each failure and the
supporting reasons for the requester’s/
petitioner’s belief.
In addition, in accordance with 10
CFR 2.309(f)(2), contentions must be
based on documents or other
information available at the time the
petition is to be filed, such as the
application, supporting technical (i.e.,
safety analysis) report, environmental
report or other supporting document
filed by an applicant or licensee, or
otherwise available to the petitioner. On
issues arising under the National
Environmental Policy Act, the
requester/petitioner shall file
contentions based on the applicant’s
environmental report. The requester/
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39729
petitioner may amend those contentions
or file new contentions if there are data
or conclusions in the NRC draft, or final
environmental impact statement,
environmental assessment, or any
supplements relating thereto, that differ
significantly from the data or
conclusions in the applicant’s
documents. Otherwise, contentions may
be amended or new contentions filed
after the initial filing only with leave of
the presiding officer.
Each contention shall be given a
separate numeric or alpha designation
within one of the following groups:
1. Technical—primarily concerns
issues relating to matters discussed or
referenced in the Technical Report for
the proposed action.
2. Environmental—primarily concerns
issues relating to matters discussed or
referenced in the Environmental Report
for the proposed action.
3. Miscellaneous—does not fall into
one of the categories outlined above.
If the requester/petitioner believes a
contention raises issues that cannot be
classified as primarily falling into one of
these categories, the requester/petitioner
must set forth the contention and
supporting bases, in full, separately for
each category into which the requester/
petitioner asserts the contention belongs
with a separate designation for that
category.
Requesters/petitioners should, when
possible, consult with each other in
preparing contentions and combine
similar subject matter concerns into a
joint contention, for which one of the
co-sponsoring requesters/petitioners is
designated the lead representative.
Further, in accordance with 10 CFR
2.309(f)(3), any requester/petitioner that
wishes to adopt a contention proposed
by another requester/petitioner must do
so, in accordance with the E-Filing rule,
within ten (10) days of the date the
contention is filed, and designate a
representative who shall have the
authority to act for the requester/
petitioner.
In accordance with 10 CFR 2.309(g),
a request for hearing and/or petition for
leave to intervene may also address the
selection of the hearing procedures,
taking into account the provisions of 10
CFR 2.310.
III. Further Information
Documents related to this action,
including the March 31, 2008, license
application and its supporting
documentation (i.e., Technical Report
and Environmental Report), are
available electronically at the NRC’s
Electronic Reading Room at https://
www.nrc.gov/reading-rm/adams.html.
From this site, you can access the NRC’s
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Federal Register / Vol. 73, No. 133 / Thursday, July 10, 2008 / Notices
jlentini on PROD1PC65 with NOTICES
Agencywide Document Access and
Management System (ADAMS), which
provides text and image files of NRC’s
public documents. The ADAMS
accession number for the documents
related to this Notice is ML081060525
Lost Creek ISR, LLC, Submittal of
Source Materials License Application to
Construct and Operate the Lost Creek
ISL uranium recovery facility in
Sweetwater County, Wyoming. The
ADAMS accession number for the NRC
staff’s administrative review letter,
dated June 10, 2008, is ML081570711. If
you do not have access to ADAMS or if
there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to
pdr.resource@nrc.gov. These documents
may also be viewed electronically on
the public computers located at the
NRC’s PDR, O 1 F21, One White Flint
North, 11555 Rockville Pike, Rockville,
MD 20852. The PDR reproduction
contractor will copy documents for a
fee.
Order Imposing Procedures for Access
to Sensitive Unclassified NonSafeguards Information (SUNSI) for
Contention Preparation
1. This order contains instructions
regarding how potential parties to this
proceeding may request access to
documents containing sensitive
unclassified information. A suggested
schedule is provided as Attachment 1 to
this order.
2. Within ten (10) days after
publication of this notice of opportunity
for hearing any potential party as
defined in 10 CFR 2.4 who believes
access to SUNSI is necessary for a
response to the notice may request
access to such information. A ‘‘potential
party’’ is any person who intends or
may intend to participate as a party by
demonstrating standing and the filing of
an admissible contention under 10 CFR
2.309. Requests submitted later than ten
(10) days will not be considered absent
a showing of good cause for the late
filing, addressing why the request could
not have been filed earlier.
3. The requester shall submit a letter
requesting permission to access SUNSI
to the Office of the Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff,
and provide a copy to the Associate
General Counsel for Hearings,
Enforcement and Administration, Office
of the General Counsel, Washington, DC
20555–0001. The expedited delivery or
courier mail address for both offices is
U.S. Nuclear Regulatory Commission,
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11555 Rockville Pike, Rockville, MD
20852. The e-mail address for the Office
of the Secretary and the Office of the
General Counsel are
HearingDocket@nrc.gov and
OGCmail@nrc.gov, respectively.1
The request must include the
following information:
a. A description of the licensing
action with a citation to this Federal
Register notice of opportunity for
hearing;
b. The name and address of the
potential party and a description of the
potential party’s particularized interest
that could be harmed, if the licensing
action is taken;
c. The identity of the individual
requesting access to SUNSI and the
requester’s need for the information in
order to meaningfully participate in this
adjudicatory proceeding, particularly
why publicly available versions of the
application would not be sufficient to
provide the basis and specificity for a
proffered contention;
4. Based on an evaluation of the
information submitted under items 2
and 3.a through 3.c, above, the NRC staff
will determine within ten (10) days of
receipt of the written access request
whether (1) there is a reasonable basis
to believe the petitioner is likely to
establish standing to participate in this
NRC proceeding, and (2) there is a
legitimate need for access to SUNSI.
5. A request for access to SUNSI will
be granted if:
a. The request has demonstrated that
there is a reasonable basis to believe that
a potential party is likely to establish
standing to intervene or to otherwise
participate as a party in this proceeding;
b. The proposed recipient of the
information has demonstrated a need for
SUNSI;
c. The proposed recipient of the
information has executed a NonDisclosure Agreement or Affidavit and
agrees to be bound by the terms of a
Protective Order setting forth terms and
conditions to prevent the unauthorized
or inadvertent disclosure of SUNSI; and
d. The presiding officer has issued a
protective order concerning the
information or documents requested.2
Any protective order issued shall
provide that the petitioner must file
SUNSI contentions 25 days after receipt
1 See footnote 4. While a request for hearing or
petition to intervene in this proceeding must
comply with the filing requirements of the NRC’s
‘‘E-Filing Rule,’’ the initial request to access SUNSI
under these procedures should be submitted as
described in this paragraph.
2 If a presiding officer has not yet been
designated, the Chief Administrative Judge will
issue such orders, or will appoint a presiding officer
to do so.
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of (or access to) that information.
However, if more than 25 days remain
between the petitioner’s receipt of (or
access to) the information and the
deadline for filing all other contentions
(as established in the notice of hearing
or opportunity for hearing), the
petitioner may file its SUNSI
contentions by that later deadline.
6. If the request for access to SUNSI
is granted, the terms and conditions for
access to such information will be set
forth in a draft protective order and
affidavit of non-disclosure appended to
a joint motion by the NRC staff, any
other affected parties to this
proceeding,3 and the petitioner(s). If the
diligent efforts by the relevant parties or
petitioner(s) fail to result in an
agreement on the terms and conditions
for a draft protective order or nondisclosure affidavit, the relevant parties
to the proceeding or the petitioner(s)
should notify the presiding officer
within five (5) days, describing the
obstacles to the agreement.
7. If the request for access to SUNSI
is denied by the NRC staff after a
determination on standing, the NRC
staff shall briefly state the reasons for
the denial. Before the Office of
Administration makes an adverse
determination regarding access, the
proposed recipient must be provided an
opportunity to correct or explain
information. The requester may
challenge the NRC staff’s adverse
determination with respect to access to
SUNSI or with respect to standing, by
filing a challenge within five (5) days of
receipt of that determination with (a)
the presiding officer designated in this
proceeding; (b) if no presiding officer
has been appointed, the Chief
Administrative Judge, or if he or she is
unavailable, another administrative
judge, or an administrative law judge
with jurisdiction pursuant to § 2.318(a);
or (c) if another officer has been
designated to rule on information access
issues, with that officer.
In the same manner, a party other
than the requester may challenge an
NRC staff determination granting access
to SUNSI whose release would harm
that party’s interest independent of the
proceeding. Such a challenge must be
filed within five (5) days of the
notification by the NRC staff of its grant
of such a request.
3 Parties/persons other than the requester and the
NRC staff will be notified by the NRC staff of a
favorable access determination (and may participate
in the development of such a motion and protective
order) if it concerns SUNSI and if the party/person’s
interest independent of the proceeding would be
harmed by the release of the information (e.g., as
with proprietary information).
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If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.4
8. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR Part 2.
39731
Dated at Rockville, Maryland, this 3rd day
of July 2008.
For the Nuclear Regulatory Commission.
Kenneth R. Hart,
Acting Secretary of the Commission.
Attachment 1—General Target
Schedule for Processing and Resolving
Requests for Access to Sensitive
Unclassified Non-Safeguards
Information (SUNSI)
Day
Event
0 ................................................................
Publication of [Federal Register notice/other notice of proposed action and opportunity for hearing],
including order with instructions for access requests.
Deadline for submitting requests for access to SUNSI with information: Supporting the standing of a
potential party identified by name and address; describing the need for the information in order for
the potential party to participate meaningfully in an adjudicatory proceeding; demonstrating that
access should be granted.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
NRC staff informs the requester of the staff’s determination whether the request for access provides
a reasonable basis to believe standing can be established and shows need for SUNSI. NRC staff
also informs any party to the proceeding whose interest independent of the proceeding would be
harmed by the release of the information. If NRC staff makes the finding of need for SUNSI and
likelihood of standing, NRC staff begins document processing (preparation of redactions or review
of redacted documents).
If NRC staff finds no ‘‘need,’’ ‘‘need to know,’’ or likelihood of standing, the deadline for petitioner/requester to file a motion seeking a ruling to reverse the NRC staff’s denial of access; NRC staff
files copy of access determination with the presiding officer (or Chief Administrative Judge or other
designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any party
to the proceeding whose interest independent of the proceeding would be harmed by the release
of the information to file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure Agreement for SUNSI.
(Receipt +180) If NRC staff finds standing and trustworthiness and reliability, deadline for NRC staff
to file motion for Protective Order and draft Non-disclosure Affidavit. Note: Before the Office of Administration makes an adverse determination regarding access, the proposed recipient must be
provided an opportunity to correct or explain information.
Deadline for petitioner to seek reversal of a final adverse NRC staff determination either before the
presiding officer or another designated officer.
If access granted: Issuance of presiding officer or other designated officer decision on motion for
protective order for access to sensitive information (including schedule for providing access and
submission of contentions) or decision reversing a final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days remain between the petitioner’s receipt of (or access to) the information
and the deadline for filing all other contentions (as established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later deadline.
Answers to contentions whose development depends upon access to SUNSI.
Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 ..............................................................
[20, 30 or 60] ............................................
20 ..............................................................
25 ..............................................................
30 ..............................................................
40 ..............................................................
190 ............................................................
205 ............................................................
A ................................................................
A+3 ............................................................
A+28 ..........................................................
A+53 (Contention receipt +25) .................
A+60 (Answer receipt +7) .........................
B ................................................................
[FR Doc. E8–15695 Filed 7–9–08; 8:45 am]
BILLING CODE 7590–01–P
Notice of Issuance and
Availability of Draft Regulatory Guide,
DG–1198.
ACTION:
NUCLEAR REGULATORY
COMMISSION
Draft Regulatory Guide: Issuance,
Availability
Nuclear Regulatory
Commission.
John
Burke, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: (301) 415–1529 or email to John.Burke@nrc.gov.
SUPPLEMENTARY INFORMATION:
Aug. 28, 2007). Requesters should note that the
filing requirements of that rule apply to appeals of
NRC staff determinations (because they must be
served on a presiding officer or the Commission, as
applicable), but not to the initial SUNSI requests
submitted to the NRC staff under these procedures.
jlentini on PROD1PC65 with NOTICES
AGENCY:
4 As of October 15, 2007, the NRC’s final ‘‘EFiling Rule’’ became effective. See Use of Electronic
Submissions in Agency Hearings (72 FR 49139;
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FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Pages 39728-39731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15695]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 040-09068]
Notice of License Application of Lost Creek ISR, LLC, for a New
In Situ Leach Uranium Recovery Facility at the Lost Creek Site,
Sweetwater County, Wyoming, and Opportunity to Request a Hearing and
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) for Contention Preparation
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of license application for a new uranium recovery
facility, and opportunity to request a hearing.
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DATES: A request for a hearing must be filed by September 8, 2008.
FOR FURTHER INFORMATION CONTACT: Stephen J. Cohen, Project Manager,
Uranium Recovery Licensing Branch, Division of Waste Management and
Environmental Protection, Office of Federal and State Materials and
Environmental Management Programs, U.S. Nuclear Regulatory Commission,
Washington, DC 20555. Telephone: (301) 415-7182; fax number: (301) 415-
5369; e-mail: stephen.cohen@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
By letter dated October 30, 2007, Lost Creek ISR, LLC (LCI)
submitted a Source Materials License Application to the Nuclear
Regulatory Commission (NRC) for a new in situ leach (ISL) uranium
recovery facility at its Lost Creek site in Sweetwater County, Wyoming.
The Lost Creek facility would involve the recovery of uranium by ISL
extraction techniques. By letter dated February 29, 2008, LCI withdrew
the application to revise its radiation protection program; the
application was resubmitted on March 31, 2008. An NRC administrative
review, documented in a letter dated June 10, 2008, found the
application acceptable to begin a detailed technical and environmental
review. Before approving the license application, the NRC will need to
make the findings required by the Atomic Energy Act of 1954, as
amended, and NRC's regulations. These findings will be documented in a
Safety Evaluation Report (SER) and a site-specific environmental review
consistent with the provisions of 10 CFR Part 51.
II. Opportunity To Request a Hearing
The NRC hereby provides notice that this is a proceeding on an
application for a source materials license regarding LCI's proposal to
construct and operate the Lost Creek ISL uranium recovery facility in
Sweetwater County, Wyoming. Any person whose interest may be affected
by this proceeding, and who desires to participate as a party, must
file a request for a hearing and a specification of the contentions
which the person seeks to have litigated in the hearing, in accordance
with the NRC E-Filing rule, which the NRC promulgated in August 2007,
72 Federal Register 49139 (August 28, 2007). The E-Filing rule requires
participants to submit and serve documents over the internet or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek a waiver in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten (10) days prior to the filing deadline, the petitioner/requester
must contact the Office of the Secretary by e-mail at
hearingdocket@nrc.gov, or by calling (301) 415-1677, to request (1) a
digital identification (ID) certificate, which allows the participant
(or its counsel or representative) to digitally sign documents and
access the E-Submittal server for any proceeding in which it is
participating; and/or (2) creation of an electronic docket for the
proceeding (even in instances in which the petitioner/requester (or its
counsel or representative) already holds an NRC-issued digital ID
certificate). Each petitioner/requester will need to download the
Workplace Forms ViewerTM to access the Electronic
Information Exchange (EIE), a component of the E-Filing system. The
Workplace Forms ViewerTM is free and is available at https://
www.nrc.gov/site-help/e-submittals/install-viewer.html. Information
about applying for a digital ID certificate is available on NRC's
public Web site at https://www.nrc.gov/site-help/e-submittals/apply-
certificates.html.
Once a petitioner/requester has obtained a digital ID certificate,
has a docket created, and downloaded the EIE viewer, the petitioner/
requester can then submit a request for hearing or petition for leave
to intervene. Submissions should be in Portable Document Format in
accordance with NRC guidance available on the NRC public Web site at
https://www.nrc.gov/site-help/e-submittals.html. A filing is considered
complete at the time the filer submits its documents through EIE. To be
timely, an electronic filing must be submitted to the EIE system no
later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a
transmission, the E-Filing system time-stamps the document and sends
the submitter an e-mail notice confirming receipt of the document. The
EIE system also distributes an e-mail notice that provides access to
the document to the NRC 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
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically may seek assistance through the
``Contact Us'' link located on the NRC website at https://www.nrc.gov/
site-help/e-submittals.html, or by calling the NRC technical help line,
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time,
Monday through Friday. The help line number is (800) 397-4209 or
locally, (301) 415-4737.
Participants who believe that they have a good cause for not
submitting documents electronically must file a motion, in accordance
with 10 CFR 2.302(g), with their initial paper filing requesting
authorization to continue to submit documents in paper format.
[[Page 39729]]
Such filings must be submitted by: (1) First class mail addressed to
the Office of the Secretary of the Commission, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemaking and
Adjudications Staff; or (2) courier, express mail, or expedited
delivery service to the Office of the Secretary, Sixteenth Floor, One
White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852,
Attention: Rulemaking and Adjudications Staff. Participants filing a
document in this manner are responsible for serving the document on all
other participants. Filing is considered complete by first-class mail
as of the time of deposit in the mail, or by courier, express mail, or
expedited delivery service upon depositing the document with the
provider of the service.
Non-timely requests and/or petitions and contentions will not be
entertained absent a determination by the Commission, the presiding
officer, or the Atomic Safety and Licensing Board that the petition
and/or request should be granted and/or the contentions should be
admitted based on a balancing of the factors specified in 10 CFR
2.309(c)(1)(i)-(viii). To be timely, filings must be submitted no later
than 11:59 p.m. Eastern Time on the due date.
Documents submitted in adjudicatory proceedings will appear in
NRC's electronic hearing docket which is available to the public at
https://ehd.nrc.gov/EHD_Proceeding/home.asp, unless excluded pursuant
to an order of the Commission, an Atomic Safety and Licensing Board, or
a Presiding Officer. Participants are requested not to include social
security numbers in their filings. 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 are
requested not to include copyrighted materials in their submissions.
The formal requirements for documents contained in 10 CFR 2.304(c)-
(e) must be met. If the NRC grants an electronic document exemption in
accordance with 10 CFR 2.302(g)(3), then the requirements for paper
documents, set forth in 10 CFR 2.304(b) must be met.
In accordance with 10 CFR 2.309(b), a request for a hearing must be
filed by September 8, 2008.
In addition to meeting other applicable requirements of 10 CFR
2.309, a request for a hearing filed by a person other than an
applicant must state:
1. The name, address, and telephone number of the requester;
2. The nature of the requester's right under the Act to be made a
party to the proceeding;
3. The nature and extent of the requester's property, financial, or
other interest in the proceeding;
4. The possible effect of any decision or order that may be issued
in the proceeding on the requester's interest; and
5. The circumstances establishing that the request for a hearing is
timely in accordance with 10 CFR 2.309(b).
In accordance with 10 CFR 2.309(f)(1), a request for hearing or
petitions for leave to intervene must set forth with particularity the
contentions sought to be raised. For each contention, the request or
petition must:
1. Provide a specific statement of the issue of law or fact to be
raised or controverted;
2. Provide a brief explanation of the basis for the contention;
3. Demonstrate that the issue raised in the contention is within
the scope of the proceeding;
4. Demonstrate that the issue raised in the contention is material
to the findings that the NRC must make to support the action that is
involved in the proceeding;
5. Provide a concise statement of the alleged facts or expert
opinions which support the requester's/petitioner's position on the
issue and on which the requester/petitioner intends to rely to support
its position on the issue; and
6. Provide sufficient information to show that a genuine dispute
exists with the applicant on a material issue of law or fact. This
information must include references to specific portions of the
application (including the applicant's environmental report and
technical report) that the requester/petitioner disputes and the
supporting reasons for each dispute, or, if the requester/petitioner
believes the application fails to contain information on a relevant
matter as required by law, the identification of each failure and the
supporting reasons for the requester's/petitioner's belief.
In addition, in accordance with 10 CFR 2.309(f)(2), contentions
must be based on documents or other information available at the time
the petition is to be filed, such as the application, supporting
technical (i.e., safety analysis) report, environmental report or other
supporting document filed by an applicant or licensee, or otherwise
available to the petitioner. On issues arising under the National
Environmental Policy Act, the requester/petitioner shall file
contentions based on the applicant's environmental report. The
requester/petitioner may amend those contentions or file new
contentions if there are data or conclusions in the NRC draft, or final
environmental impact statement, environmental assessment, or any
supplements relating thereto, that differ significantly from the data
or conclusions in the applicant's documents. Otherwise, contentions may
be amended or new contentions filed after the initial filing only with
leave of the presiding officer.
Each contention shall be given a separate numeric or alpha
designation within one of the following groups:
1. Technical--primarily concerns issues relating to matters
discussed or referenced in the Technical Report for the proposed
action.
2. Environmental--primarily concerns issues relating to matters
discussed or referenced in the Environmental Report for the proposed
action.
3. Miscellaneous--does not fall into one of the categories outlined
above.
If the requester/petitioner believes a contention raises issues
that cannot be classified as primarily falling into one of these
categories, the requester/petitioner must set forth the contention and
supporting bases, in full, separately for each category into which the
requester/petitioner asserts the contention belongs with a separate
designation for that category.
Requesters/petitioners should, when possible, consult with each
other in preparing contentions and combine similar subject matter
concerns into a joint contention, for which one of the co-sponsoring
requesters/petitioners is designated the lead representative. Further,
in accordance with 10 CFR 2.309(f)(3), any requester/petitioner that
wishes to adopt a contention proposed by another requester/petitioner
must do so, in accordance with the E-Filing rule, within ten (10) days
of the date the contention is filed, and designate a representative who
shall have the authority to act for the requester/petitioner.
In accordance with 10 CFR 2.309(g), a request for hearing and/or
petition for leave to intervene may also address the selection of the
hearing procedures, taking into account the provisions of 10 CFR 2.310.
III. Further Information
Documents related to this action, including the March 31, 2008,
license application and its supporting documentation (i.e., Technical
Report and Environmental Report), are available electronically at the
NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/
adams.html. From this site, you can access the NRC's
[[Page 39730]]
Agencywide Document Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. The ADAMS
accession number for the documents related to this Notice is
ML081060525 Lost Creek ISR, LLC, Submittal of Source Materials License
Application to Construct and Operate the Lost Creek ISL uranium
recovery facility in Sweetwater County, Wyoming. The ADAMS accession
number for the NRC staff's administrative review letter, dated June 10,
2008, is ML081570711. If you do not have access to ADAMS or if there
are problems in accessing the documents located in ADAMS, contact the
NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-
415-4737, or by e-mail to pdr.resource@nrc.gov. These documents may
also be viewed electronically on the public computers located at the
NRC's PDR, O 1 F21, One White Flint North, 11555 Rockville Pike,
Rockville, MD 20852. The PDR reproduction contractor will copy
documents for a fee.
Order Imposing Procedures for Access to Sensitive Unclassified Non-
Safeguards Information (SUNSI) for Contention Preparation
1. This order contains instructions regarding how potential parties
to this proceeding may request access to documents containing sensitive
unclassified information. A suggested schedule is provided as
Attachment 1 to this order.
2. Within ten (10) days after publication of this notice of
opportunity for hearing any potential party as defined in 10 CFR 2.4
who believes access to SUNSI is necessary for a response to the notice
may request access to such information. A ``potential party'' is any
person who intends or may intend to participate as a party by
demonstrating standing and the filing of an admissible contention under
10 CFR 2.309. Requests submitted later than ten (10) days will not be
considered absent a showing of good cause for the late filing,
addressing why the request could not have been filed earlier.
3. The requester shall submit a letter requesting permission to
access SUNSI to the Office of the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff, and provide a copy to the Associate General
Counsel for Hearings, Enforcement and Administration, Office of the
General Counsel, Washington, DC 20555-0001. The expedited delivery or
courier mail address for both offices is U.S. Nuclear Regulatory
Commission, 11555 Rockville Pike, Rockville, MD 20852. The e-mail
address for the Office of the Secretary and the Office of the General
Counsel are HearingDocket@nrc.gov and OGCmail@nrc.gov, respectively.\1\
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\1\ See footnote 4. While a request for hearing or petition to
intervene in this proceeding must comply with the filing
requirements of the NRC's ``E-Filing Rule,'' the initial request to
access SUNSI under these procedures should be submitted as described
in this paragraph.
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The request must include the following information:
a. A description of the licensing action with a citation to this
Federal Register notice of opportunity for hearing;
b. The name and address of the potential party and a description of
the potential party's particularized interest that could be harmed, if
the licensing action is taken;
c. The identity of the individual requesting access to SUNSI and
the requester's need for the information in order to meaningfully
participate in this adjudicatory proceeding, particularly why publicly
available versions of the application would not be sufficient to
provide the basis and specificity for a proffered contention;
4. Based on an evaluation of the information submitted under items
2 and 3.a through 3.c, above, the NRC staff will determine within ten
(10) days of receipt of the written access request whether (1) there is
a reasonable basis to believe the petitioner is likely to establish
standing to participate in this NRC proceeding, and (2) there is a
legitimate need for access to SUNSI.
5. A request for access to SUNSI will be granted if:
a. The request has demonstrated that there is a reasonable basis to
believe that a potential party is likely to establish standing to
intervene or to otherwise participate as a party in this proceeding;
b. The proposed recipient of the information has demonstrated a
need for SUNSI;
c. The proposed recipient of the information has executed a Non-
Disclosure Agreement or Affidavit and agrees to be bound by the terms
of a Protective Order setting forth terms and conditions to prevent the
unauthorized or inadvertent disclosure of SUNSI; and
d. The presiding officer has issued a protective order concerning
the information or documents requested.\2\ Any protective order issued
shall provide that the petitioner must file SUNSI contentions 25 days
after receipt of (or access to) that information. However, if more than
25 days remain between the petitioner's receipt of (or access to) the
information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the
petitioner may file its SUNSI contentions by that later deadline.
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\2\ If a presiding officer has not yet been designated, the
Chief Administrative Judge will issue such orders, or will appoint a
presiding officer to do so.
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6. If the request for access to SUNSI is granted, the terms and
conditions for access to such information will be set forth in a draft
protective order and affidavit of non-disclosure appended to a joint
motion by the NRC staff, any other affected parties to this
proceeding,\3\ and the petitioner(s). If the diligent efforts by the
relevant parties or petitioner(s) fail to result in an agreement on the
terms and conditions for a draft protective order or non-disclosure
affidavit, the relevant parties to the proceeding or the petitioner(s)
should notify the presiding officer within five (5) days, describing
the obstacles to the agreement.
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\3\ Parties/persons other than the requester and the NRC staff
will be notified by the NRC staff of a favorable access
determination (and may participate in the development of such a
motion and protective order) if it concerns SUNSI and if the party/
person's interest independent of the proceeding would be harmed by
the release of the information (e.g., as with proprietary
information).
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7. If the request for access to SUNSI is denied by the NRC staff
after a determination on standing, the NRC staff shall briefly state
the reasons for the denial. Before the Office of Administration makes
an adverse determination regarding access, the proposed recipient must
be provided an opportunity to correct or explain information. The
requester may challenge the NRC staff's adverse determination with
respect to access to SUNSI or with respect to standing, by filing a
challenge within five (5) days of receipt of that determination with
(a) the presiding officer designated in this proceeding; (b) if no
presiding officer has been appointed, the Chief Administrative Judge,
or if he or she is unavailable, another administrative judge, or an
administrative law judge with jurisdiction pursuant to Sec. 2.318(a);
or (c) if another officer has been designated to rule on information
access issues, with that officer.
In the same manner, a party other than the requester may challenge
an NRC staff determination granting access to SUNSI whose release would
harm that party's interest independent of the proceeding. Such a
challenge must be filed within five (5) days of the notification by the
NRC staff of its grant of such a request.
[[Page 39731]]
If challenges to the NRC staff determinations are filed, these
procedures give way to the normal process for litigating disputes
concerning access to information. The availability of interlocutory
review by the Commission of orders ruling on such NRC staff
determinations (whether granting or denying access) is governed by 10
CFR 2.311.\4\
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\4\ As of October 15, 2007, the NRC's final ``E-Filing Rule''
became effective. See Use of Electronic Submissions in Agency
Hearings (72 FR 49139; Aug. 28, 2007). Requesters should note that
the filing requirements of that rule apply to appeals of NRC staff
determinations (because they must be served on a presiding officer
or the Commission, as applicable), but not to the initial SUNSI
requests submitted to the NRC staff under these procedures.
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8. The Commission expects that the NRC staff and presiding officers
(and any other reviewing officers) will consider and resolve requests
for access to SUNSI, and motions for protective orders, in a timely
fashion in order to minimize any unnecessary delays in identifying
those petitioners who have standing and who have propounded contentions
meeting the specificity and basis requirements in 10 CFR Part 2.
Dated at Rockville, Maryland, this 3rd day of July 2008.
For the Nuclear Regulatory Commission.
Kenneth R. Hart,
Acting Secretary of the Commission.
Attachment 1--General Target Schedule for Processing and Resolving
Requests for Access to Sensitive Unclassified Non-Safeguards
Information (SUNSI)
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Day Event
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0................................................. Publication of
[Federal Register
notice/other notice
of proposed action
and opportunity for
hearing], including
order with
instructions for
access requests.
10................................................ Deadline for
submitting requests
for access to SUNSI
with information:
Supporting the
standing of a
potential party
identified by name
and address;
describing the need
for the information
in order for the
potential party to
participate
meaningfully in an
adjudicatory
proceeding;
demonstrating that
access should be
granted.
[20, 30 or 60].................................... Deadline for
submitting petition
for intervention
containing: (i)
Demonstration of
standing; (ii) all
contentions whose
formulation does
not require access
to SUNSI (+25
Answers to petition
for intervention;
+7 petitioner/
requestor reply).
20................................................ NRC staff informs
the requester of
the staff's
determination
whether the request
for access provides
a reasonable basis
to believe standing
can be established
and shows need for
SUNSI. NRC staff
also informs any
party to the
proceeding whose
interest
independent of the
proceeding would be
harmed by the
release of the
information. If NRC
staff makes the
finding of need for
SUNSI and
likelihood of
standing, NRC staff
begins document
processing
(preparation of
redactions or
review of redacted
documents).
25................................................ If NRC staff finds
no ``need,'' ``need
to know,'' or
likelihood of
standing, the
deadline for
petitioner/
requester to file a
motion seeking a
ruling to reverse
the NRC staff's
denial of access;
NRC staff files
copy of access
determination with
the presiding
officer (or Chief
Administrative
Judge or other
designated officer,
as appropriate). If
NRC staff finds
``need'' for SUNSI,
the deadline for
any party to the
proceeding whose
interest
independent of the
proceeding would be
harmed by the
release of the
information to file
a motion seeking a
ruling to reverse
the NRC staff's
grant of access.
30................................................ Deadline for NRC
staff reply to
motions to reverse
NRC staff
determination(s).
40................................................ (Receipt +30) If NRC
staff finds
standing and need
for SUNSI, deadline
for NRC staff to
complete
information
processing and file
motion for
Protective Order
and draft Non-
Disclosure
Affidavit. Deadline
for applicant/
licensee to file
Non-Disclosure
Agreement for
SUNSI.
190............................................... (Receipt +180) If
NRC staff finds
standing and
trustworthiness and
reliability,
deadline for NRC
staff to file
motion for
Protective Order
and draft Non-
disclosure
Affidavit. Note:
Before the Office
of Administration
makes an adverse
determination
regarding access,
the proposed
recipient must be
provided an
opportunity to
correct or explain
information.
205............................................... Deadline for
petitioner to seek
reversal of a final
adverse NRC staff
determination
either before the
presiding officer
or another
designated officer.
A................................................. If access granted:
Issuance of
presiding officer
or other designated
officer decision on
motion for
protective order
for access to
sensitive
information
(including schedule
for providing
access and
submission of
contentions) or
decision reversing
a final adverse
determination by
the NRC staff.
A+3............................................... Deadline for filing
executed Non-
Disclosure
Affidavits. Access
provided to SUNSI
consistent with
decision issuing
the protective
order.
A+28.............................................. Deadline for
submission of
contentions whose
development depends
upon access to
SUNSI. However, if
more than 25 days
remain between the
petitioner's
receipt of (or
access to) the
information and the
deadline for filing
all other
contentions (as
established in the
notice of hearing
or opportunity for
hearing), the
petitioner may file
its SUNSI
contentions by that
later deadline.
A+53 (Contention receipt +25)..................... Answers to
contentions whose
development depends
upon access to
SUNSI.
A+60 (Answer receipt +7).......................... Petitioner/
Intervenor reply to
answers.
B................................................. Decision on
contention
admission.
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[FR Doc. E8-15695 Filed 7-9-08; 8:45 am]
BILLING CODE 7590-01-P
