In The Matter of Powertech USA, INC. (Dewey-Burdock In Situ Uranium Recovery Facility), 39413-39415 [2014-16171]
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Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Notices
this tag at the compressor. These tags
provide assurance that the compressors
are functioning properly.
IV. Public Participation—Submission of
Comments on this Notice and Internet
Access to Comments and Submissions
II. Special Issues for Comment
You may submit comments in
response to this document as follows:
(1) Electronically at https://
www.regulations.gov, which is the
Federal eRulemaking Portal; (2) by
facsimile (fax); or (3) by hard copy. All
comments, attachments, and other
material must identify the Agency name
and the OSHA docket number (Docket
No. OSHA–2011–0027) for the ICR. You
may supplement electronic submissions
by uploading document files
electronically. If you wish to mail
additional materials in reference to an
electronic or facsimile submission, you
must submit them to the OSHA Docket
Office (see the section of this notice
titled ADDRESSES). The additional
materials must clearly identify your
electronic comments by your name,
date, and the docket number so the
Agency can attach them to your
comments.
Because of security procedures, the
use of regular mail may cause a
significant delay in the receipt of
comments. For information about
security procedures concerning the
delivery of materials by hand, express
delivery, messenger, or courier service,
please contact the OSHA Docket Office
at (202) 693–2350, (TTY (877) 889–
5627).
Comments and submissions are
posted without change at https://
www.regulations.gov. Therefore, OSHA
cautions commenters about submitting
personal information such as social
security numbers and date of birth.
Although all submissions are listed in
the https://www.regulations.gov index,
some information (e.g., copyrighted
material) is not publicly available to
read or download from this Web site.
All submissions, including copyrighted
material, are available for inspection
and copying at the OSHA Docket Office.
Information on using the https://
www.regulations.gov Web site to submit
comments and access the docket is
available at the Web site’s ‘‘User Tips’’
link. Contact the OSHA Docket Office
for information about materials not
available from the Web site, and for
assistance in using the Internet to locate
docket submissions.
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
Agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply; for
example, by using automated or other
technological information collection
and transmission techniques.
mstockstill on DSK4VPTVN1PROD with NOTICES
III. Proposed Actions
OSHA is requesting that OMB extend
its approval of the information
collection requirements contained in the
Respiratory Protection Standard (29 CFR
1910.134). The Agency is requesting an
adjustment decrease in the number of
burden hours from 6,801,711 hours to
6,643,220 hours, a total decrease of
158,491 burden hours. This decrease is
based on updated data showing a
decrease in the number of covered
establishments. In addition, OSHA is
requesting an adjustment increase of
$3,265,756 in operation and
maintenance costs (from $185,578,935
to $188,844,691) associated with
increased estimated costs for employee
medical exams, fit-testing materials and
fit-tests. The Agency will summarize the
comments submitted in response to this
notice and will include this summary in
the request to OMB.
Type of Review: Extension of a
currently approved collection.
Title: Respiratory Protection Standard
(29 CFR 1910.134).
OMB Control Number: 1218–0099.
Affected Public: Business or other forprofits.
Number of Respondents: 610,213.
Frequency of Responses: Initially;
annually; on occasion.
Total Responses: 21,447,539.
Average Time per Response: Varies
from 5 minutes (.08 hour) to mark a
storage compartment or protective cover
to 8 hours for large employers to gather
and prepare information to develop a
written plan.
Estimated Total Burden Hours:
6,643,220.
Estimated Cost (Operation and
Maintenance): $188,844,691.
VerDate Mar<15>2010
18:38 Jul 09, 2014
Jkt 232001
39413
U.S.C. 3506 et seq.) and Secretary of
Labor’s Order No. 1–2012 (77 FR 3912).
Signed at Washington, DC on July 7, 2014.
David Michaels,
Assistant Secretary of Labor for Occupational
Safety and Health.
[FR Doc. 2014–16144 Filed 7–9–14; 8:45 am]
BILLING CODE 4510–26–P
NUCLEAR REGULATORY
COMMISSION
Atomic Safety and Licensing Board
Hearing
[Docket No. 40–9075–MLA; ASLBP No. 10–
898–02–MLA–BD01]
In The Matter of Powertech USA, INC.
(Dewey-Burdock In Situ Uranium
Recovery Facility)
July 3, 2014.
Before Administrative Judges: William J.
Froehlich, Chairman, Dr. Richard F. Cole, Dr.
Mark O. Barnett.
Notice of Opportunity To Make Oral
and Written Limited Appearance
Statements
This Atomic Safety and Licensing
Board hereby gives notice that it will
accept oral and written limited
appearance statements from members of
the public regarding the application of
Powertech, USA, Inc. (Powertech) to the
United States Nuclear Regulatory
Commission (NRC) for a license to
construct and operate an in-situ leach
uranium recovery facility in Custer and
Fall River Counties, South Dakota. Two
sessions to hear oral limited appearance
statements will be held on August 18,
2014, in Hot Springs, South Dakota.
I. Background and Scope of Proceeding
On January 5, 2010, the NRC
published a notice in the Federal
Register that any interested person
could file a challenge to Powertech’s
application to construct and operate an
in-situ leach uranium recovery facility
and could request an adjudicatory
hearing thereon.1 In response to that
Notice, two groups, the Oglala Sioux
Tribe and the Consolidated Intervenors,
challenged Powertech’s application and
requested a hearing.2 On March 12,
2010, this Board was established to
handle the matter and to preside over
V. Authority and Signature
David Michaels, Ph.D., MPH,
Assistant Secretary of Labor for
Occupational Safety and Health,
directed the preparation of this notice.
The authority for this notice is the
Paperwork Reduction Act of 1995 (44
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Fmt 4703
Sfmt 4703
1 75 FR 467 (January 5, 2010) (ADAMS Accession
No. ML100060051).
2 Consolidated Request for Hearing and Petition
for Leave to Intervene (March 8, 2010) (ADAMS
Accession No. ML100680010); Petition to Intervene
and Request for Hearing of the Oglala Sioux Tribe
(Apr. 6, 2010) (ADAMS Accession No.
ML100960645).
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39414
Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Notices
any contested adjudicatory proceeding
relating to the Powertech application.3
On August 5, 2010, this Board granted
the Intervenors’ requests, ruling that
they had shown standing and had raised
at least one admissible contention.4 The
scope of this contested adjudicatory
proceeding, and thus the appropriate
scope of any limited appearance
statements, is defined by the
contentions that have been raised by the
Intervenors and that have been
admitted, i.e., have been ruled to satisfy
the requirements set forth in the
relevant NRC regulation, 10 CFR
2.309(f)(1).
mstockstill on DSK4VPTVN1PROD with NOTICES
II. Matters To Be Considered
Contentions 1A, 1B, 2, 3, 4, 6, 9, 14A,
and 14B have been admitted and will be
at issue in the evidentiary hearing.
These contentions generally concern the
adequacy of (1) the project’s protection
of historical and cultural resources, and
(2) the agency’s Final Supplemental
Environmental Impact Statement
(FSEIS) analysis of the project’s impacts
on the water and ecosystem of the
surrounding area. The Board seeks
public input on these issues,
specifically:
Contention 1A: Failure to Meet
Applicable Legal Requirements
Regarding Protection of Historical and
Cultural Resources.
Contention 1B: Failure to Involve or
Consult All Interested Tribes as
Required by Federal Law.
Contention 2: The FSEIS Fails to
Include Necessary Information for
Adequate Determination of Baseline
Ground Water Quality.
Contention 3: The FSEIS Fails to
Include Adequate Hydrogeological
Information to Demonstrate Ability to
Contain Fluid Migration and Assess
Potential Impacts to Groundwater.
Contention 4: The FSEIS Fails to
Adequately Analyze Ground Water
Quantity Impacts.
Contention 6: The FSEIS Fails to
Adequately Describe or Analyze
Proposed Mitigation Measures.
Contention 9: The FSEIS Fails to
Consider Connected Actions.
Contention 14A: Whether an
appropriate consultation was conducted
pursuant to the Endangered Species Act
and implementing regulations.
Contention 14B: Whether the FSEIS’s
impact analyses relevant to the greater
3 Establishment of Atomic Safety and Licensing
Board (March 12, 2010) (unpublished) ADAMS
Accession No. ML100710413); see also Powertech
(USA) Inc.; Establishment of Atomic Safety and
Licensing Board, 75 FR 13141 (March 18, 2010).
4 See LBP–10–16, 72 NRC 361 (2010) (ADAMS
Accession No. ML102170300).
VerDate Mar<15>2010
18:38 Jul 09, 2014
Jkt 232001
sage grouse, the whooping crane, and
the black-footed ferret are sufficient.
As specified below, members of the
public are invited to submit oral or
written statements, referred to as
‘‘limited appearance statements’’ related
to the contentions listed above.5
III. Date, Time, and Location of Oral
Limited Appearance Statement
Sessions
The purpose of limited appearance
statements is to allow members of the
public who are not parties to the
adjudication to provide the Board with
statements setting forth their positions
on matters related to the admitted
contentions. Such statements may be
presented orally during the limited
appearance sessions or may be
submitted in writing. As suggested by
the parties,6 two oral limited
appearance statement sessions will be
held. Both will take place on Monday,
August 18, 2014 at the Mueller Civic
Center, 801 S. 6th Street, Hot Springs,
South Dakota. The first limited
appearance session will be held from
11:00 a.m. to 2:00 p.m. MDT and the
second limited appearance session will
be held from 5:00 p.m. to 8:00 p.m.
MDT.
IV. Participation Guidelines for Oral
Limited Appearance Statements
Any person not a party, representative
of a party, counsel to a party or witness
who has filed testimony in this
evidentiary hearing will be permitted to
make a brief oral statement of his or her
position on a matter of concern relating
to the proceeding. Speakers should be
aware, however, that the jurisdiction of
this Board and the scope of this
proceeding are limited to the Powertech
application, and, more particularly, to
the admitted contentions.7
Limited appearance statements enable
members of the public to alert the Board
to areas relating to the Powertech
application and the admitted
contentions where evidence may need
to be adduced, and to assist the Board
in its consideration of these issues. Oral
limited appearance statements will be
transcribed but are not under oath or
affirmation and do not constitute formal
testimony or evidence. Though these
statements do not constitute testimony
or evidence, they nonetheless may aid
the Board and the parties in their
consideration of the issues involved in
this evidentiary hearing.
CFR 2.315(a).
Report on Limited Appearance Statement
Sessions (June 11, 2014) at 1.
7 The scope of this proceeding is the admitted
contentions. The admitted contentions are attached
to this order as Appendix A.
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6 Joint
Frm 00051
Fmt 4703
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Oral limited appearance statements
will be entertained during the hours
specified above. In the event that all
scheduled and unscheduled speakers
present at the session have made a
presentation, the Board reserves the
right to terminate a session prior to the
ending time listed above. The Board
also reserves the right to extend a
session if it determines this is required
by the number of speakers present.
The time allotted for each limited
appearance statement will be five
minutes, but may be further limited
depending on the number of written
requests to make an oral statement or
the number of persons present at the
designated time, in order to ensure that
everyone will have an opportunity to
speak.
V. Submitting a Request To Make an
Oral Limited Appearance Statement
A request to make an oral limited
appearance statement may be submitted
either prior to or at the limited
appearance sessions. Those who have
submitted timely written requests prior
to the limited appearance sessions will
be given priority over those who have
not filed such requests. To be
considered timely, a written request to
make an oral limited appearance
statement must be mailed, faxed or sent
by email so as to be received before 5:00
p.m. EDT on Friday, August 8, 2014.
The request should specify the session
(afternoon or evening) during which the
requester wishes to make an oral
statement.
Written requests to make an oral
statement should be submitted by one of
the following methods:
Mail: Office of the Secretary,
Rulemakings and Adjudications Staff,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001.
Fax: (301) 415–1101 (verification
(301) 415–1966).
Email: hearingdocket@nrc.gov.
In addition, using the same method of
service, a copy of the written request to
make an oral statement should be sent
to the Chairman of this Licensing Board
as follows:
Mail: Administrative Judge William J.
Froehlich, Chairman, c/o Nicholas
Sciretta, Law Clerk, Atomic Safety and
Licensing Board Panel, Mail Stop
T–3F23, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
Fax: (301) 415–5599 (verification
(301) 415–4128).
Email: Nicholas.Sciretta@nrc.gov and
Twana.Ellis@nrc.gov.
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Federal Register / Vol. 79, No. 132 / Thursday, July 10, 2014 / Notices
VI. Submitting Written Limited
Appearance Statements
As provided in 10 CFR 2.315(a), any
person not a party, or a representative
of a party, to the proceeding may submit
a written statement setting forth his or
her position on matters of concern
related to this proceeding. Although
these statements do not constitute
testimony or evidence, they nonetheless
may assist the Board or the parties in
their consideration of the issues in this
proceeding. The Board encourages early
submission of written limited
appearance statements so that the Board
members will be able to consider issues
raised in such statements while
addressing the issues in the evidentiary
proceeding.
Written limited appearance
statements may be submitted at any
time, and should be sent by mail, fax,
or email both to the Chairman of this
Licensing Board and also to the Office
of the Secretary. This contact
information is listed above.
mstockstill on DSK4VPTVN1PROD with NOTICES
VII. Availability of Documentary
Information Regarding the Proceeding
Documents relating to Powertech’s
application are available on the NRC
Web site at https://www.nrc.gov/infofinder/materials/uranium/licensedfacilities/dewey-burdock.html (last
visited July 2, 2014). These documents
are also available for public inspection
at the Commission’s Public Document
Room (PDR), located in One White Flint
North, 11555 Rockville Pike, Rockville,
Maryland 20852 and electronically on
the publicly available records
component of the NRC’s document
system (ADAMS). ADAMS is accessible
from the NRC Web site at https://
www.nrc.gov/reading-rm/adams.html
(last visited July 2, 2014).8 Persons who
do not have access to ADAMS or who
encounter problems in accessing the
documents located in ADAMS should
contact the NRC PDR reference staff by
telephone between 8:00 a.m. and 4:00
p.m. Eastern Time, Monday through
Friday except federal holidays at (800)
397–4209 or (301) 415–4737 or by
sending an email to pdr.resource@
nrc.gov.
VIII. Potential Updated/Revised
Information
Any updated/revised information
regarding the limited appearance
sessions can be found on the NRC Web
site at https://www.nrc.gov/reading-rm/
doc-collections/aslbp/proceedings/
8 Documents which are determined to contain
sensitive or proprietary information may only be
available in redacted form. All non-sensitive
documents are available in their complete form.
VerDate Mar<15>2010
18:38 Jul 09, 2014
Jkt 232001
2014/ (last visited July 2, 2014) or by
calling the NRC’s Public Affairs Office
at (301) 415–8200.
It is so ordered.
Dated: July 3, 2014.
For the Atomic Safety and Licensing
Board. Rockville, Maryland.
William J. Froehlich,
Chair, Administrative Judge.
Appendix A
Contention 1A: Failure to Meet Applicable
Legal Requirements Regarding Protection
of Historical and Cultural Resources.
Contention 1B: Failure to Involve or Consult
All Interested Tribes as Required by
Federal Law.
Contention 2: The FSEIS Fails to Include
Necessary Information for Adequate
Determination of Baseline Ground Water
Quality.
Contention 3: The FSEIS Fails to Include
Adequate Hydrogeological Information to
Demonstrate Ability to Contain Fluid
Migration and Assess Potential Impacts to
Groundwater.
Contention 4: The FSEIS Fails to Adequately
Analyze Ground Water Quantity Impacts.
Contention 6: The FSEIS Fails to Adequately
Describe or Analyze Proposed Mitigation
Measures.
Contention 9: The FSEIS Fails to Consider
Connected Actions.
Contention 14A: Whether an appropriate
consultation was conducted pursuant to
the Endangered Species Act and
implementing regulations.
Contention 14B: Whether the FSEIS’s impact
analyses relevant to the greater sage grouse,
the whooping crane, and the black-footed
ferret are sufficient.
[FR Doc. 2014–16171 Filed 7–9–14; 8:45 am]
BILLING CODE 7590–01–P
39415
Please refer to Docket ID
NRC–2014–0112 when contacting the
NRC about the availability of
information for this policy statement.
You may access publicly-available
information related to this policy
statement by any of the following
methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0112. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. 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 publiclyavailable documents online in the
ADAMS Public Documents collection 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
International Policy Statement is
available in ADAMS under Accession
No. ML14132A317.
• 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.
ADDRESSES:
Jack
Ramsey, Office of International
Programs, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–2744; email:
Jack.Ramsey@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
NUCLEAR REGULATORY
COMMISSION
[NRC–2014–0112]
Nuclear Regulatory Commission
International Policy Statement
Nuclear Regulatory
Commission.
ACTION: Policy statement; issuance.
SUPPLEMENTARY INFORMATION:
AGENCY:
I. Background
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is issuing an
International Policy Statement. The
International Policy Statement captures
a brief history of almost 40 years of
involvement in international activities
and how this has impacted the NRC.
The International Policy Statement also
outlines how international activities
directly support the NRC’s goals and
mission, and enumerates specific
elements in which the NRC will
proactively engage.
DATES: The International Policy
Statement is effective July 10, 2014.
The NRC’s participation in
international activities has evolved
since the establishment of the agency in
1975. The NRC’s international activities
are wide-ranging, encompassing treaty
implementation, nuclear
nonproliferation, export-import
licensing for nuclear materials and
equipment, international safeguards
support and assistance, international
safety and security cooperation and
assistance, international safety and
security information exchange, and
cooperative safety research. These
activities support the NRC’s domestic
mission, as well as broader U.S.
domestic and international interests.
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Agencies
- NUCLEAR REGULATORY COMMISSION
- Atomic Safety and Licensing Board Hearing
[Federal Register Volume 79, Number 132 (Thursday, July 10, 2014)]
[Notices]
[Pages 39413-39415]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16171]
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NUCLEAR REGULATORY COMMISSION
Atomic Safety and Licensing Board Hearing
[Docket No. 40-9075-MLA; ASLBP No. 10-898-02-MLA-BD01]
In The Matter of Powertech USA, INC. (Dewey-Burdock In Situ
Uranium Recovery Facility)
July 3, 2014.
Before Administrative Judges: William J. Froehlich, Chairman,
Dr. Richard F. Cole, Dr. Mark O. Barnett.
Notice of Opportunity To Make Oral and Written Limited Appearance
Statements
This Atomic Safety and Licensing Board hereby gives notice that it
will accept oral and written limited appearance statements from members
of the public regarding the application of Powertech, USA, Inc.
(Powertech) to the United States Nuclear Regulatory Commission (NRC)
for a license to construct and operate an in-situ leach uranium
recovery facility in Custer and Fall River Counties, South Dakota. Two
sessions to hear oral limited appearance statements will be held on
August 18, 2014, in Hot Springs, South Dakota.
I. Background and Scope of Proceeding
On January 5, 2010, the NRC published a notice in the Federal
Register that any interested person could file a challenge to
Powertech's application to construct and operate an in-situ leach
uranium recovery facility and could request an adjudicatory hearing
thereon.\1\ In response to that Notice, two groups, the Oglala Sioux
Tribe and the Consolidated Intervenors, challenged Powertech's
application and requested a hearing.\2\ On March 12, 2010, this Board
was established to handle the matter and to preside over
[[Page 39414]]
any contested adjudicatory proceeding relating to the Powertech
application.\3\ On August 5, 2010, this Board granted the Intervenors'
requests, ruling that they had shown standing and had raised at least
one admissible contention.\4\ The scope of this contested adjudicatory
proceeding, and thus the appropriate scope of any limited appearance
statements, is defined by the contentions that have been raised by the
Intervenors and that have been admitted, i.e., have been ruled to
satisfy the requirements set forth in the relevant NRC regulation, 10
CFR 2.309(f)(1).
---------------------------------------------------------------------------
\1\ 75 FR 467 (January 5, 2010) (ADAMS Accession No.
ML100060051).
\2\ Consolidated Request for Hearing and Petition for Leave to
Intervene (March 8, 2010) (ADAMS Accession No. ML100680010);
Petition to Intervene and Request for Hearing of the Oglala Sioux
Tribe (Apr. 6, 2010) (ADAMS Accession No. ML100960645).
\3\ Establishment of Atomic Safety and Licensing Board (March
12, 2010) (unpublished) ADAMS Accession No. ML100710413); see also
Powertech (USA) Inc.; Establishment of Atomic Safety and Licensing
Board, 75 FR 13141 (March 18, 2010).
\4\ See LBP-10-16, 72 NRC 361 (2010) (ADAMS Accession No.
ML102170300).
---------------------------------------------------------------------------
II. Matters To Be Considered
Contentions 1A, 1B, 2, 3, 4, 6, 9, 14A, and 14B have been admitted
and will be at issue in the evidentiary hearing. These contentions
generally concern the adequacy of (1) the project's protection of
historical and cultural resources, and (2) the agency's Final
Supplemental Environmental Impact Statement (FSEIS) analysis of the
project's impacts on the water and ecosystem of the surrounding area.
The Board seeks public input on these issues, specifically:
Contention 1A: Failure to Meet Applicable Legal Requirements
Regarding Protection of Historical and Cultural Resources.
Contention 1B: Failure to Involve or Consult All Interested Tribes
as Required by Federal Law.
Contention 2: The FSEIS Fails to Include Necessary Information for
Adequate Determination of Baseline Ground Water Quality.
Contention 3: The FSEIS Fails to Include Adequate Hydrogeological
Information to Demonstrate Ability to Contain Fluid Migration and
Assess Potential Impacts to Groundwater.
Contention 4: The FSEIS Fails to Adequately Analyze Ground Water
Quantity Impacts.
Contention 6: The FSEIS Fails to Adequately Describe or Analyze
Proposed Mitigation Measures.
Contention 9: The FSEIS Fails to Consider Connected Actions.
Contention 14A: Whether an appropriate consultation was conducted
pursuant to the Endangered Species Act and implementing regulations.
Contention 14B: Whether the FSEIS's impact analyses relevant to the
greater sage grouse, the whooping crane, and the black-footed ferret
are sufficient.
As specified below, members of the public are invited to submit
oral or written statements, referred to as ``limited appearance
statements'' related to the contentions listed above.\5\
---------------------------------------------------------------------------
\5\ 10 CFR 2.315(a).
---------------------------------------------------------------------------
III. Date, Time, and Location of Oral Limited Appearance Statement
Sessions
The purpose of limited appearance statements is to allow members of
the public who are not parties to the adjudication to provide the Board
with statements setting forth their positions on matters related to the
admitted contentions. Such statements may be presented orally during
the limited appearance sessions or may be submitted in writing. As
suggested by the parties,\6\ two oral limited appearance statement
sessions will be held. Both will take place on Monday, August 18, 2014
at the Mueller Civic Center, 801 S. 6th Street, Hot Springs, South
Dakota. The first limited appearance session will be held from 11:00
a.m. to 2:00 p.m. MDT and the second limited appearance session will be
held from 5:00 p.m. to 8:00 p.m. MDT.
---------------------------------------------------------------------------
\6\ Joint Report on Limited Appearance Statement Sessions (June
11, 2014) at 1.
---------------------------------------------------------------------------
IV. Participation Guidelines for Oral Limited Appearance Statements
Any person not a party, representative of a party, counsel to a
party or witness who has filed testimony in this evidentiary hearing
will be permitted to make a brief oral statement of his or her position
on a matter of concern relating to the proceeding. Speakers should be
aware, however, that the jurisdiction of this Board and the scope of
this proceeding are limited to the Powertech application, and, more
particularly, to the admitted contentions.\7\
---------------------------------------------------------------------------
\7\ The scope of this proceeding is the admitted contentions.
The admitted contentions are attached to this order as Appendix A.
---------------------------------------------------------------------------
Limited appearance statements enable members of the public to alert
the Board to areas relating to the Powertech application and the
admitted contentions where evidence may need to be adduced, and to
assist the Board in its consideration of these issues. Oral limited
appearance statements will be transcribed but are not under oath or
affirmation and do not constitute formal testimony or evidence. Though
these statements do not constitute testimony or evidence, they
nonetheless may aid the Board and the parties in their consideration of
the issues involved in this evidentiary hearing.
Oral limited appearance statements will be entertained during the
hours specified above. In the event that all scheduled and unscheduled
speakers present at the session have made a presentation, the Board
reserves the right to terminate a session prior to the ending time
listed above. The Board also reserves the right to extend a session if
it determines this is required by the number of speakers present.
The time allotted for each limited appearance statement will be
five minutes, but may be further limited depending on the number of
written requests to make an oral statement or the number of persons
present at the designated time, in order to ensure that everyone will
have an opportunity to speak.
V. Submitting a Request To Make an Oral Limited Appearance Statement
A request to make an oral limited appearance statement may be
submitted either prior to or at the limited appearance sessions. Those
who have submitted timely written requests prior to the limited
appearance sessions will be given priority over those who have not
filed such requests. To be considered timely, a written request to make
an oral limited appearance statement must be mailed, faxed or sent by
email so as to be received before 5:00 p.m. EDT on Friday, August 8,
2014. The request should specify the session (afternoon or evening)
during which the requester wishes to make an oral statement.
Written requests to make an oral statement should be submitted by
one of the following methods:
Mail: Office of the Secretary, Rulemakings and Adjudications Staff,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax: (301) 415-1101 (verification (301) 415-1966).
Email: hearingdocket@nrc.gov.
In addition, using the same method of service, a copy of the
written request to make an oral statement should be sent to the
Chairman of this Licensing Board as follows:
Mail: Administrative Judge William J. Froehlich, Chairman, c/o
Nicholas Sciretta, Law Clerk, Atomic Safety and Licensing Board Panel,
Mail Stop T-3F23, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
Fax: (301) 415-5599 (verification (301) 415-4128).
Email: Nicholas.Sciretta@nrc.gov and Twana.Ellis@nrc.gov.
[[Page 39415]]
VI. Submitting Written Limited Appearance Statements
As provided in 10 CFR 2.315(a), any person not a party, or a
representative of a party, to the proceeding may submit a written
statement setting forth his or her position on matters of concern
related to this proceeding. Although these statements do not constitute
testimony or evidence, they nonetheless may assist the Board or the
parties in their consideration of the issues in this proceeding. The
Board encourages early submission of written limited appearance
statements so that the Board members will be able to consider issues
raised in such statements while addressing the issues in the
evidentiary proceeding.
Written limited appearance statements may be submitted at any time,
and should be sent by mail, fax, or email both to the Chairman of this
Licensing Board and also to the Office of the Secretary. This contact
information is listed above.
VII. Availability of Documentary Information Regarding the Proceeding
Documents relating to Powertech's application are available on the
NRC Web site at https://www.nrc.gov/info-finder/materials/uranium/licensed-facilities/dewey-burdock.html (last visited July 2, 2014).
These documents are also available for public inspection at the
Commission's Public Document Room (PDR), located in One White Flint
North, 11555 Rockville Pike, Rockville, Maryland 20852 and
electronically on the publicly available records component of the NRC's
document system (ADAMS). ADAMS is accessible from the NRC Web site at
https://www.nrc.gov/reading-rm/adams.html (last visited July 2,
2014).\8\ Persons who do not have access to ADAMS or who encounter
problems in accessing the documents located in ADAMS should contact the
NRC PDR reference staff by telephone between 8:00 a.m. and 4:00 p.m.
Eastern Time, Monday through Friday except federal holidays at (800)
397-4209 or (301) 415-4737 or by sending an email to
pdr.resource@nrc.gov.
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\8\ Documents which are determined to contain sensitive or
proprietary information may only be available in redacted form. All
non-sensitive documents are available in their complete form.
---------------------------------------------------------------------------
VIII. Potential Updated/Revised Information
Any updated/revised information regarding the limited appearance
sessions can be found on the NRC Web site at https://www.nrc.gov/reading-rm/doc-collections/aslbp/proceedings/2014/ (last visited July
2, 2014) or by calling the NRC's Public Affairs Office at (301) 415-
8200.
It is so ordered.
Dated: July 3, 2014.
For the Atomic Safety and Licensing Board. Rockville, Maryland.
William J. Froehlich,
Chair, Administrative Judge.
Appendix A
Contention 1A: Failure to Meet Applicable Legal Requirements
Regarding Protection of Historical and Cultural Resources.
Contention 1B: Failure to Involve or Consult All Interested Tribes
as Required by Federal Law.
Contention 2: The FSEIS Fails to Include Necessary Information for
Adequate Determination of Baseline Ground Water Quality.
Contention 3: The FSEIS Fails to Include Adequate Hydrogeological
Information to Demonstrate Ability to Contain Fluid Migration and
Assess Potential Impacts to Groundwater.
Contention 4: The FSEIS Fails to Adequately Analyze Ground Water
Quantity Impacts.
Contention 6: The FSEIS Fails to Adequately Describe or Analyze
Proposed Mitigation Measures.
Contention 9: The FSEIS Fails to Consider Connected Actions.
Contention 14A: Whether an appropriate consultation was conducted
pursuant to the Endangered Species Act and implementing regulations.
Contention 14B: Whether the FSEIS's impact analyses relevant to the
greater sage grouse, the whooping crane, and the black-footed ferret
are sufficient.
[FR Doc. 2014-16171 Filed 7-9-14; 8:45 am]
BILLING CODE 7590-01-P