License Exemption for Uranerz Energy Corporation, 6935-6936 [2014-02477]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Notices
Commission, Washington, DC 20555–
0001.
Questions about the information
collection requirements may be directed
to the Acting NRC Clearance Officer,
Kristen Benney (T–5 F53), U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, by telephone at 301–
415–6355, or by email to
INFOCOLLECTS.Resource@NRC.GOV.
Dated at Rockville, Maryland, this 30th day
of January, 2014.
For the Nuclear Regulatory Commission.
Kristen Benney,
Acting NRC Clearance Officer, Office of
Information Services.
[FR Doc. 2014–02365 Filed 2–4–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 040–09067; NRC–2014–0020]
License Exemption for Uranerz Energy
Corporation
Nuclear Regulatory
Commission.
ACTION: Exemption; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
exemption to the financial assurance
requirements to Uranerz Energy
Corporation (Uranerz) in response to
their annual financial assurance update
for the Nichols Ranch uranium in situ
recovery (ISR) project.
ADDRESSES: Please refer to Docket ID
NRC–2014–0020 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:
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this document
(if that document is available in
ADAMS) is provided the first time that
a document is referenced.
• 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.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:50 Feb 04, 2014
Jkt 232001
Ron
Linton, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington DC
20555–0001; telephone: 301–415–7777;
email: Ron.Linton@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
I. Background
NRC materials license SUA–1597,
License Condition 9.5, requires Uranerz
to submit to NRC for review and
approval an annual update of the
financial surety to cover third-party
costs for decommissioning and
decontamination, pursuant to 10 CFR
40, Appendix A, Criterion 9, for the
Nichols Ranch ISR project located in
Johnson and Campbell Counties,
Wyoming. By letter dated December 20,
2012, Uranerz submitted to the NRC its
Nichols Ranch annual surety update for
2012–2013 (ADAMS Accession No
ML13004A100). NRC staff reviewed the
annual financial surety update and
found the surety reclamation bond value
reasonable for the required reclamation
activities (See ADAMS Accession No
ML13227A378). The Wyoming
Department of Environmental Quality
(WDEQ) holds the reclamation bond but
does not have a standby trust agreement
(STA) in place, as required by 10 CFR
40, Appendix A, Criterion 9.
II. Description of Action
As of December 17, 2012, surety
instruments for NRC uranium milling
licensees regulated under 10 CFR 40,
Appendix A, Criterion 9, are required to
have a STA in place, pursuant to
Criterion 9, which states, ‘‘[I]f a trust is
not used, then a standby trust fund must
be set up to receive funds in the event
the Commission or State regulatory
agency exercises its right to collect the
surety.’’ The purpose of an STA is to
provide a separate account to hold
decommissioning funds in the event of
a default. Since an STA is not
established, the NRC has to either
require an STA or grant an exemption
to the requirements of the regulation.
The NRC has the discretion, under 10
CFR 40.14(a), to grant such exemptions
from the requirements of a regulation in
10 CFR 40, if it determines the
exemption is authorized by law and will
not endanger life or property or the
common defense and security and is
otherwise in the public interest.
The NRC staff has reviewed WDEQ
financial assurance requirements.
Wyoming law requires that a separate
account be set up to receive forfeited
decommissioning funds, but does not
specifically require an STA. Section 35–
11–424 of the Code of Wyoming states,
‘‘(a) All forfeitures collected under the
PO 00000
Frm 00055
Fmt 4703
Sfmt 4703
6935
provisions of this act shall be deposited
with the State treasurer in a separate
account for reclamation purposes.’’
WDEQ holds permit bonds in a
fiduciary fund called an agency fund. If
a bond is forfeited, the forfeited funds
are moved to a special revenue account.
Although the special revenue account is
not an STA, the special revenue account
serves a similar purpose in that forfeited
funds are not deposited into the State
treasury for general fund use, but
instead are set aside in the special
revenue account to be used exclusively
for reclamation [decommissioning]
purposes.
NRC has elected to grant an
exemption to the STA requirements in
10 CFR 40, Appendix A, Criterion 9, for
the current surety arrangement and for
this surety cycle to allow time for
further discussion with WDEQ. The
NRC staff will further explore the
financial assurance standby trust
requirements in the NRC regulations
and the financial assurance
requirements in Wyoming regulations to
determine if the State of Wyoming
separate account provision is equivalent
to NRC’s requirement for a STA.
III. Discussion
A. The Exemption is Authorized by Law
The NRC staff concluded that 10 CFR
40.14(a) allows for an exemption to the
requirements of the regulation in 10
CFR 40, Appendix A, Criterion 9.
B. The Exemption Presents no Undue
Risk to Public Health and Safety
The exemption is related to the
financial surety. The regulations in 10
CFR 40, Appendix A, Criterion 9(d),
allows for the surety arrangements to be
held by the State. NRC has determined
that while the WDEQ does not require
an STA, the special revenue account
serves a similar purpose in that forfeited
funds are not deposited into the State
treasury for general fund use, but
instead are set aside in the special
revenue account to be used exclusively
for reclamation [decommissioning]
purposes. Therefore, the exemption
presents no undue risk to public health
and safety.
C. The Exemption is Consistent With the
Common Defense and Security
The exemption does not involve the
common defense or security. Therefore,
granting the exemption will have no
effect on the common defense and
security.
D. Environmental Considerations
The NRC staff has determined that
granting of an exemption from the
requirements of 10 CFR 40.14(a) belongs
E:\FR\FM\05FEN1.SGM
05FEN1
6936
Federal Register / Vol. 79, No. 24 / Wednesday, February 5, 2014 / Notices
to a category of regulatory actions that
are eligible for categorical exclusion
(i.e., that do not require an
environmental assessment). The
exemption from the requirement to have
an STA in place is eligible for
categorical exclusion under 10 CFR
51.22(c)(25), which states:
Granting of an exemption from the
requirements of any regulation of this
chapter, provided that * * * (vi) The
requirements from which an exemption is
sought involve: * * * (H) Surety, insurance,
or indemnity requirements * * *
The staff finds that the STA exemption
involves surety, insurance and/or indemnity
requirements and, therefore, an
environmental assessment is not required.
IV. Conclusions
Accordingly, the NRC has determined
that, pursuant to 10 CFR 40.14(a) the
exemption is authorized by law, will not
present an undue risk to the public
health and safety, and is consistent with
the common defense and security.
Therefore, the NRC hereby grants
Uranerz Energy Corporation an
exemption from the requirements of 10
CFR 40, Appendix A, Criterion 9 for the
current surety cycle that an STA must
be set up to receive decommissioning
funds.
Dated at Rockville, Maryland, this 28th day
of January 2014.
For the Nuclear Regulatory Commission.
Andrew Persinko,
Deputy Director, Decommissioning and
Uranium Recovery Licensing Directorate,
Division of Waste Management and
Environmental Protection, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. 2014–02477 Filed 2–4–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2014–0018; EA–13–241]
Certain Panoramic and Underwater
Irradiators Authorized To Possess
Byproduct Material; Order Imposing
Compensatory Measures (Effective
Immediately)
mstockstill on DSK4VPTVN1PROD with NOTICES
I
The Licensee identified in
Attachment 1 to this Order holds a
license issued in accordance with the
Atomic Energy Act of 1954 and 10 CFR
part 36 by the U.S. Nuclear Regulatory
Commission (NRC or Commission)
authorizing possession of greater than
370 terabecquerels (10,000 curies) of
byproduct material in the form of sealed
sources in panoramic irradiators that
have dry or wet storage of the sealed
VerDate Mar<15>2010
16:50 Feb 04, 2014
Jkt 232001
sources, or in underwater irradiators in
which both the source and the product
being irradiated are under water.
Commission regulations at 10 CFR
20.1801 or equivalent Agreement State
regulations require Licensees to secure,
from unauthorized removal or access,
licensed materials that are stored in
controlled or unrestricted areas.
Commission regulations at 10 CFR
20.1802 or equivalent Agreement State
regulations require Licensees to control
and maintain constant surveillance of
licensed material that is in a controlled
or unrestricted area and that is not in
storage.
II
On September 11, 2001, terrorists
simultaneously attacked targets in New
York, N.Y., and near Washington, DC,
utilizing large commercial aircraft as
weapons. In response to the attacks and
intelligence information subsequently
obtained, the Commission issued a
number of Safeguards and Threat
Advisories to its Licensees in order to
strengthen Licensees’ capabilities and
readiness to respond to a potential
attack on a nuclear facility. The
Commission has also communicated
with other Federal, State and local
government agencies and industry
representatives to discuss and evaluate
the current threat environment in order
to assess the adequacy of security
measures at licensed facilities. In
addition, the Commission has been
conducting a review of its safeguards
and security programs and
requirements.
As a result of its consideration of
current safeguards and license
requirements, as well as a review of
information provided by the intelligence
community, the Commission has
determined that certain compensatory
measures are required to be
implemented by Licensees as prudent
measures to address the current threat
environment. Therefore, the
Commission is imposing requirements,
as set forth in Attachment 2 1 on the
Licensee identified in Attachment 1 2 of
this Order who currently possesses, or
has near term plans to possess, greater
than 370 terabecquerels (10,000 curies)
of byproduct material in the form of
sealed sources. These requirements,
which supplement existing regulatory
requirements, will provide the
1 Attachment 2 contains some requirements that
are SAFEGUARDS INFORMATION, and cannot be
released to the public. The remainder of the
requirements contained in Attachment 2 that are
not SAFEGUARDS INFORMATION are being
released to the public.
2 Attachment 1 contains sensitive information
and will not be released to the public.
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
Commission with reasonable assurance
that the public health and safety and
common defense and security continue
to be adequately protected in the current
threat environment.
Attachment 3 of this Order contains
the requirements for fingerprinting and
criminal history record checks for
individuals when the Licensee’s
reviewing official is determining access
to Safeguards Information or unescorted
access to the panoramic or underwater
irradiator sealed sources. These
requirements will remain in effect until
the Commission determines otherwise.
The Commission concludes that these
security measures must be embodied in
an Order, consistent with the
established regulatory framework. The
Commission has broad statutory
authority to protect and prohibit the
unauthorized disclosure of Safeguards
Information. Section 147 of the Atomic
Energy Act of 1954, as amended, grants
the Commission explicit authority to
‘‘issue such orders, as necessary to
prohibit the unauthorized disclosure of
safeguards information. . . .’’ This
authority extends to information
concerning special nuclear material,
source material, and byproduct material,
as well as production and utilization
facilities. Licensees must ensure proper
handling and protection of Safeguards
Information to avoid unauthorized
disclosure in accordance with the
specific requirements for the protection
of Safeguards Information contained in
Attachment 2 to the NRC’s ‘‘Order
Imposing Requirements for the
Protection of Certain Safeguards
Information’’ (EA–13–040). The
Commission hereby provides notice that
it intends to treat all violations of the
requirements contained in Attachment 2
to the NRC’s ‘‘Order Imposing
Requirements for the Protection of
Certain Safeguards Information’’ (EA–
13–040), applicable to the handling and
unauthorized disclosure of Safeguards
Information, as serious breaches of
adequate protection of the public health
and safety and the common defense and
security of the United States.
Access to Safeguards Information is
limited to those persons who have
established a need-to-know the
information, are considered to be
trustworthy and reliable, have been
fingerprinted and undergone a Federal
Bureau of Investigation (FBI)
identification and criminal history
records check in accordance with the
NRC’s ‘‘Order Imposing Fingerprinting
and Criminal History Records Check
Requirements for Access to Safeguards
Information’’ (EA–13–041). A need-toknow means a determination by a
person having responsibility for
E:\FR\FM\05FEN1.SGM
05FEN1
]]>Agencies
[Federal Register Volume 79, Number 24 (Wednesday, February 5, 2014)]
[Notices]
[Pages 6935-6936]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02477]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 040-09067; NRC-2014-0020]
License Exemption for Uranerz Energy Corporation
AGENCY: Nuclear Regulatory Commission.
ACTION: Exemption; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
exemption to the financial assurance requirements to Uranerz Energy
Corporation (Uranerz) in response to their annual financial assurance
update for the Nichols Ranch uranium in situ recovery (ISR) project.
ADDRESSES: Please refer to Docket ID NRC-2014-0020 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:
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number
for each document referenced in this document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
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: Ron Linton, Office of Federal and
State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-
7777; email: Ron.Linton@nrc.gov.
I. Background
NRC materials license SUA-1597, License Condition 9.5, requires
Uranerz to submit to NRC for review and approval an annual update of
the financial surety to cover third-party costs for decommissioning and
decontamination, pursuant to 10 CFR 40, Appendix A, Criterion 9, for
the Nichols Ranch ISR project located in Johnson and Campbell Counties,
Wyoming. By letter dated December 20, 2012, Uranerz submitted to the
NRC its Nichols Ranch annual surety update for 2012-2013 (ADAMS
Accession No ML13004A100). NRC staff reviewed the annual financial
surety update and found the surety reclamation bond value reasonable
for the required reclamation activities (See ADAMS Accession No
ML13227A378). The Wyoming Department of Environmental Quality (WDEQ)
holds the reclamation bond but does not have a standby trust agreement
(STA) in place, as required by 10 CFR 40, Appendix A, Criterion 9.
II. Description of Action
As of December 17, 2012, surety instruments for NRC uranium milling
licensees regulated under 10 CFR 40, Appendix A, Criterion 9, are
required to have a STA in place, pursuant to Criterion 9, which states,
``[I]f a trust is not used, then a standby trust fund must be set up to
receive funds in the event the Commission or State regulatory agency
exercises its right to collect the surety.'' The purpose of an STA is
to provide a separate account to hold decommissioning funds in the
event of a default. Since an STA is not established, the NRC has to
either require an STA or grant an exemption to the requirements of the
regulation. The NRC has the discretion, under 10 CFR 40.14(a), to grant
such exemptions from the requirements of a regulation in 10 CFR 40, if
it determines the exemption is authorized by law and will not endanger
life or property or the common defense and security and is otherwise in
the public interest.
The NRC staff has reviewed WDEQ financial assurance requirements.
Wyoming law requires that a separate account be set up to receive
forfeited decommissioning funds, but does not specifically require an
STA. Section 35-11-424 of the Code of Wyoming states, ``(a) All
forfeitures collected under the provisions of this act shall be
deposited with the State treasurer in a separate account for
reclamation purposes.'' WDEQ holds permit bonds in a fiduciary fund
called an agency fund. If a bond is forfeited, the forfeited funds are
moved to a special revenue account. Although the special revenue
account is not an STA, the special revenue account serves a similar
purpose in that forfeited funds are not deposited into the State
treasury for general fund use, but instead are set aside in the special
revenue account to be used exclusively for reclamation
[decommissioning] purposes.
NRC has elected to grant an exemption to the STA requirements in 10
CFR 40, Appendix A, Criterion 9, for the current surety arrangement and
for this surety cycle to allow time for further discussion with WDEQ.
The NRC staff will further explore the financial assurance standby
trust requirements in the NRC regulations and the financial assurance
requirements in Wyoming regulations to determine if the State of
Wyoming separate account provision is equivalent to NRC's requirement
for a STA.
III. Discussion
A. The Exemption is Authorized by Law
The NRC staff concluded that 10 CFR 40.14(a) allows for an
exemption to the requirements of the regulation in 10 CFR 40, Appendix
A, Criterion 9.
B. The Exemption Presents no Undue Risk to Public Health and Safety
The exemption is related to the financial surety. The regulations
in 10 CFR 40, Appendix A, Criterion 9(d), allows for the surety
arrangements to be held by the State. NRC has determined that while the
WDEQ does not require an STA, the special revenue account serves a
similar purpose in that forfeited funds are not deposited into the
State treasury for general fund use, but instead are set aside in the
special revenue account to be used exclusively for reclamation
[decommissioning] purposes. Therefore, the exemption presents no undue
risk to public health and safety.
C. The Exemption is Consistent With the Common Defense and Security
The exemption does not involve the common defense or security.
Therefore, granting the exemption will have no effect on the common
defense and security.
D. Environmental Considerations
The NRC staff has determined that granting of an exemption from the
requirements of 10 CFR 40.14(a) belongs
[[Page 6936]]
to a category of regulatory actions that are eligible for categorical
exclusion (i.e., that do not require an environmental assessment). The
exemption from the requirement to have an STA in place is eligible for
categorical exclusion under 10 CFR 51.22(c)(25), which states:
Granting of an exemption from the requirements of any regulation
of this chapter, provided that * * * (vi) The requirements from
which an exemption is sought involve: * * * (H) Surety, insurance,
or indemnity requirements * * *
The staff finds that the STA exemption involves surety,
insurance and/or indemnity requirements and, therefore, an
environmental assessment is not required.
IV. Conclusions
Accordingly, the NRC has determined that, pursuant to 10 CFR
40.14(a) the exemption is authorized by law, will not present an undue
risk to the public health and safety, and is consistent with the common
defense and security. Therefore, the NRC hereby grants Uranerz Energy
Corporation an exemption from the requirements of 10 CFR 40, Appendix
A, Criterion 9 for the current surety cycle that an STA must be set up
to receive decommissioning funds.
Dated at Rockville, Maryland, this 28th day of January 2014.
For the Nuclear Regulatory Commission.
Andrew Persinko,
Deputy Director, Decommissioning and Uranium Recovery Licensing
Directorate, Division of Waste Management and Environmental Protection,
Office of Federal and State Materials and Environmental Management
Programs.
[FR Doc. 2014-02477 Filed 2-4-14; 8:45 am]
BILLING CODE 7590-01-P
