License Exemption for Uranium One USA, Inc., 44472-44474 [2014-18050]

Download as PDF 44472 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Notices bring any unnecessary hand-carried items, such as packages, briefcases, backpacks, or other items that might need to be examined individually. Items that could readily be used as weapons will not be permitted in the room where this session will be held. Also, during the oral limited appearance session, signs no larger than 18 inches by 18 inches will be permitted, but may not be attached to sticks, held over one’s head, or moved about in the room. The time allotted for each limited appearance statement normally will be no more than five minutes, but to ensure everyone will have an opportunity to speak, may be further limited depending on the number of written requests to make an oral statement that are submitted in accordance with section E below and/or the number of persons present at the designated times. wreier-aviles on DSK5TPTVN1PROD with NOTICES E. Submitting a Request To Make an Oral Limited Appearance Statement A person wishing to make an oral statement who has submitted a timely written request to do so will be given priority over those who have not filed such a request. To be considered timely, a written request to make an oral statement must either be mailed, faxed, or sent by email so as to be received by 5:00 p.m. Eastern Time (ET) on Friday, September 5, 2014. Based on its review of the requests received by September 5, the Licensing Board may decide that the Sunday afternoon session will not be held due to a lack of adequate interest in that session. Written requests to make an oral statement should be submitted to: Mail: Administrative Judge G. Paul Bollwerk, III, 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) 415–6094). Email: kathleen.schroeder@nrc.gov and paul.bollwerk@nrc.gov. F. Submitting Written Limited Appearance Statements As provided in 10 CFR 2.315(a), any person not a party, or the representative of a party, to the proceeding may submit a written statement setting forth his or her position on matters of concern relating to this proceeding. Although these statements do not constitute testimony or evidence, they nonetheless may help the Board or the parties in their consideration of the issues in this proceeding. A written limited appearance statement may be submitted at any time and should be sent to the Office of the VerDate Mar<15>2010 14:56 Jul 30, 2014 Jkt 232001 Secretary using one of the methods prescribed below: 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 limited appearance statement should be sent to the Chairman of this Licensing Board as follows: Mail: Administrative Judge G. Paul Bollwerk, III, 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) 415–6094). Email: paul.bollwerk@nrc.gov. G. Availability of Documentary Information Regarding the Proceeding The SEI license 6 and various staff documents relating to the application are available on the NRC Web site at http://www.nrc.gov/info-finder/ materials/uranium/licensed-facilities/ ross.html. These and other documents relating to this proceeding are available for public inspection at the Commission’s Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, or electronically from the publicly-available records component of NRC’s document system (ADAMS). ADAMS is accessible from the NRC Web site at www.nrc.gov/ reading-rm/adams.html (the Public Electronic Reading Room). 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 at (800) 397–4209 or (301) 415–4737 (available between 8:00 a.m. and 4:00 p.m., ET, Monday through Friday except federal holidays), or by email to pdr@nrc.gov. H. Information Updates to Schedule Any updates or revisions to the evidentiary hearing schedule or the schedule for limited appearance sessions can be found on the NRC Web 6 On April 25, 2014, the staff notified the Board that, in accord with 10 CFR 2.1202(a), the SEI license had been issued, effective immediately. See Letter from Christopher C. Hair, NRC Staff Counsel, to Licensing Board (Apr. 25, 2014) at 1–2. Although section 2.1213(a) afforded Joint Intervenors the opportunity to seek a stay of this staff action, no such request was filed. Nonetheless, the SEI license is subject to any merits determination the Board might make relative to each of Joint Intervenors’ pending contentions. PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 site at www.nrc.gov/public-involve/ public-meetings/index.cfm, or by calling (800) 368–5642, extension 5036 (available between 7:00 a.m. and 9:00 p.m. ET, Monday through Friday, except federal holidays), or by calling (301) 415–5036 (available seven days a week, twenty-four hours a day). It is so ordered. For the Atomic Safety and Licensing Board. Rockville, Maryland. Dated: July 25, 2014. G. Paul Bollwerk, III, Chairman, Administrative Judge. [FR Doc. 2014–18051 Filed 7–30–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 04008502; NRC–2014–0177] License Exemption for Uranium One USA, Inc. Nuclear Regulatory Commission. ACTION: Temporary exemption; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a temporary exemption from certain NRC financial assurance requirements to Uranium One USA, Inc., (Uranium One) in response to its annual financial assurance update for the Willow Creek uranium in-situ recovery (ISR) Project. Issuance of this temporary exemption will not remove the requirement for Uranium One to provide adequate financial assurance through an approved mechanism, but will allow the NRC staff to further evaluate whether the State of Wyoming’s separate account provision for financial assurance instruments it holds is consistent with the NRC’s requirement for a standby trust agreement. ADDRESSES: Please refer to Docket ID NRC–2014–0177 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2014–0177. 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 SUMMARY: E:\FR\FM\31JYN1.SGM 31JYN1 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Notices (ADAMS): You may access publicly available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin 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 C. 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. wreier-aviles on DSK5TPTVN1PROD with NOTICES I. Background Criterion 9 of 10 CFR Part 40, Appendix A and NRC materials license SUA–1341, License Condition 9.5, requires Uranium One to submit to the NRC for review and approval, an annual update of the financial surety to cover third-party costs for decommissioning and decontamination for the Willow Creek ISR Project. The Willow Creek Project is located in Johnson and Campbell Counties, Wyoming. Contained within the Willow Creek Project, Irigaray and Christensen Ranch Annual Report dated August 22, 2013; Uranium One submitted to the NRC its annual surety update for 2013–2014 (ADAMS Accession No. ML13309B278). The NRC’s staff reviewed the annual financial surety updates and found the values reasonable for the required reclamation activities (ADAMS Accession No. ML14141A487). Uranium One maintains an approved financial assurance instrument in favor of the State of Wyoming; however, it does not have a standby trust agreement (STA) in place, as required by 10 CFR Part 40, Appendix A, Criterion 9. II. Description of Action As of December 17, 2012, the NRC’s uranium milling licensees, which are regulated, in part, under 10 CFR Part 40, Appendix A, Criterion 9, are required to have an STA in place. Criterion 9 provides that if a licensee does not use a trust as its financial assurance mechanism, then the licensee is VerDate Mar<15>2010 14:56 Jul 30, 2014 Jkt 232001 required to establish a standby trust fund to receive funds in the event the Commission or State regulatory Agency exercises its right to collect the funds provided for by surety or letter of credit. The purpose of an STA is to provide a separate account to hold decommissioning funds in the event of a default. Consistent with the provisions of 10 CFR Part 40, Appendix A, Criterion 9(d), Uranium One has consolidated its NRC financial assurance sureties with those it is required to obtain by the State of Wyoming, and the financial instrument is held by the State of Wyoming. Uranium One has not established an STA, nor has it requested an exemption from the requirement to do so. 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(a) of the Code of Wyoming states that ‘‘[a]ll forfeitures collected under the provisions of this act shall be deposited with the State treasurer in a separate account for reclamation purposes.’’ Under Wyoming Department of Environmental Quality (WDEQ) financial assurance requirements, 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 Wyoming 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 (i.e., decommissioning) purposes. The NRC has the discretion, under 10 CFR 40.14(a), to grant an exemption from the requirements of a regulation in 10 CFR Part 40 on its own initiative, if the NRC 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 has elected to grant Uranium One an exemption to the STA requirements in 10 CFR Part 40, Appendix A, Criterion 9, for the surety arrangement until the 2016 review cycle to allow the NRC an opportunity to evaluate whether the State of Wyoming’s separate account requirements for financial assurance instruments it holds is consistent with the NRC’s STA requirements. III. Discussion A. Exemption Is Authorized by Law The NRC staff concluded that the proposed exemption is authorized by PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 44473 law as 10 CFR 40.14(a) expressly allows for an exemption to the requirements of the regulation in 10 CFR Part 40, Appendix A, Criterion 9, and the proposed exemption will not be contrary to any provision of the Atomic Energy Act of 1954, as amended. B. The Exemption Presents No Undue Risk to Public Health and Safety The exemption is related to the financial surety. The requirement that the licensee provide adequate financial assurance through an approved mechanism (e.g., a surety bond, irrevocable letter of credit) would remain unaffected by the exemption. Rather, the exemption would only pertain to the establishment of a dedicated trust in which funds could be deposited in the event that the financial assurance mechanism would need to be liquidated. The regulations in 10 CFR Part 40, Appendix A, Criterion 9(d), allow for the financial or surety arrangements to be consolidated within a State’s similar financial assurance instrument. NRC has determined that while the WDEQ does not require an STA, the special revenue account may serve 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 site-specific reclamation (i.e., decommissioning) purposes. Because Uranium One remains obligated to establish an adequate financial assurance mechanism for its licensed sites, and the NRC has approved such a mechanism, sufficient funds are available in the event that the site would need to be decommissioned. A temporary delay in establishing an STA does not impact the present availability and adequacy of the actual financial assurance mechanism. Therefore, the limited exemption being issued by the NRC herein presents no undue risk to public health and safety. C. The Exemption Is Consistent With the Common Defense and Security The proposed exemption will not involve or implicate the common defense or security. Therefore, granting the exemption will have no effect on the common defense and security. D. The Exemption Is in the Public Interest The proposed exemption will enable the NRC staff to evaluate the State of Wyoming’s separate account provision and the NRC’s STA requirement to determine if they are comparable. The evaluation process will allow the NRC to determine whether Uranium One’s E:\FR\FM\31JYN1.SGM 31JYN1 44474 Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Notices compliance with the state law provision will sufficiently address the NRC requirement as well, and therefore provide clarity on the implementation of the NRC regulation in this instance. Therefore, granting the exemption is in the public interest. wreier-aviles on DSK5TPTVN1PROD with NOTICES E. Environmental Considerations The NRC staff has determined that granting of an exemption from the requirements of 10 CFR Part 40, Appendix A, Criterion 9 belongs to a category of regulatory actions which the NRC, by regulation, has determined do not individually or cumulatively have a significant effect on the environment, and as such 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)(vi)(H), which provides that exemptions from surety, insurance, or indemnification requirements are categorically excluded if the exemption would not result in any significant hazards consideration; change or increase in the amount of any offsite effluents; increase in individual or cumulative public or occupational radiation exposure; construction impacts; or increase in the potential for or consequence from radiological accidents. The staff finds that the STA exemption involves surety, insurance and/or indemnity requirements and that granting Uranium One this temporary exemption from the requirement of establishing a STA would not result in any significant hazards or increases in offsite effluents, radiation exposure, construction impacts, or potential radiological accidents. Therefore, an environmental assessment is not required. IV. Conclusions Accordingly, the NRC has determined that, pursuant to 10 CFR 40.14(a), the proposed temporary exemption is authorized by law, will not present an undue risk to the public health and safety, is consistent with the common defense and security, and is in the public interest. NRC hereby grants Uranium One a temporary exemption from the requirement in 10 CFR Part 40, Appendix A, Criterion 9, to set up a STA to receive funds in the event the NRC or the State regulatory agency exercises is right to collect the surety. This exemption will expire on December 31, 2016, for the Willow Creek ISR Project. At that time, Uranium One will be required to ensure that its financial assurance arrangement is in compliance with the NRC’s STA requirements. VerDate Mar<15>2010 14:56 Jul 30, 2014 Jkt 232001 Dated at Rockville, Maryland, this 21st day of July 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. 2014–18050 Filed 7–30–14; 8:45 am] BILLING CODE 7590–01–P OFFICE OF PERSONNEL MANAGEMENT Excepted Service U.S. Office of Personnel Management (OPM). ACTION: Notice. AGENCY: This notice identifies Schedule A, B, and C appointing authorities applicable to a single agency that were established or revoked from June 1, 2014, to June 30, 2014. FOR FURTHER INFORMATION CONTACT: Senior Executive Resources Services, Senior Executive Services and Performance Management, Employee Services, 202–606–2246. SUPPLEMENTARY INFORMATION: In accordance with 5 CFR 213.103, Schedule A, B, and C appointing authorities available for use by all agencies are codified in the Code of Federal Regulations (CFR). Schedule A, B, and C appointing authorities applicable to a single agency are not codified in the CFR, but the Office of Personnel Management (OPM) publishes a notice of agency-specific authorities established or revoked each month in the Federal Register at www.gpo.gov/fdsys/. OPM also publishes an annual notice of the consolidated listing of all Schedule A, B, and C appointing authorities, current as of June 30, in the Federal Register. SUMMARY: Schedule A 03. Executive Office of the President (Schedule A 213.3103) (b) Office of Management and Budget (2) Not to Exceed 34 positions that require unique technical skills needed for the re-designing and re-building of digital interfaces between citizens, businesses, and Government as a part of the Smarter Information Technology Delivery Initiative. This authority may be used to make permanent, timelimited and temporary appointments to Digital Services Expert positions (GS– 301) directly related to the implementation of the Smarter PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 Information Technology Delivery Initiative at the GS–14 to 15 level. No new appointments may be made under this authority after September 30, 2016. 27. Veterans Affairs (Schedule A 213.3127) (e) Not to Exceed 75 positions that require unique technical skills needed for the re-designing and re-building of digital interfaces between citizens, businesses, and Government as a part of the Smarter Information Technology Delivery Initiative. This authority may be used to make permanent, timelimited and temporary appointments to non-supervisory Digital Services Expert positions (GS–301) directly related to the implementation of the Smarter Information Technology Delivery Initiative at the GS–15 level. No new appointments may be made under this authority after September 30, 2017. 33. Federal Deposit Insurance Corporation (Schedule A 213.3133) (c) Temporary or time-limited positions that are directly related with resolving failing insured depository institutions; financial companies; or brokers and dealers; covered by the Dodd-Frank Wall Street Reform and Consumer Protection Act, including but not limited to, the marketing and sale of institutions and any associated assets; paying insured depositors; and managing receivership estates and all associated receivership management activities, up to termination. Time limited appointments under this authority may not exceed 7 years. 37. General Services Administration (Schedule A 213.3137) (a) Not to Exceed 95 positions that require unique technical skills needed for the re-designing and re-building of digital interfaces between citizens, businesses, and Government as a part of the Smarter Information Technology Delivery Initiative. This authority may be used nationwide to make permanent, time-limited and temporary appointments to Digital Services Expert positions (GS–301) directly related to the implementation of the Smarter Information Technology Delivery Initiative at the GS–11 to 15 level. No new appointments may be made under this authority after September 30, 2017. Schedule B No Schedule B authorities to report during June 2014. Schedule C The following Schedule C appointing authorities were approved during June 2014. E:\FR\FM\31JYN1.SGM 31JYN1

Agencies

[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Notices]
[Pages 44472-44474]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18050]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 04008502; NRC-2014-0177]


License Exemption for Uranium One USA, Inc.

AGENCY: Nuclear Regulatory Commission.

ACTION: Temporary exemption; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
temporary exemption from certain NRC financial assurance requirements 
to Uranium One USA, Inc., (Uranium One) in response to its annual 
financial assurance update for the Willow Creek uranium in-situ 
recovery (ISR) Project. Issuance of this temporary exemption will not 
remove the requirement for Uranium One to provide adequate financial 
assurance through an approved mechanism, but will allow the NRC staff 
to further evaluate whether the State of Wyoming's separate account 
provision for financial assurance instruments it holds is consistent 
with the NRC's requirement for a standby trust agreement.

ADDRESSES: Please refer to Docket ID NRC-2014-0177 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0177. 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

[[Page 44473]]

(ADAMS): You may access publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin 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 C. 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

    Criterion 9 of 10 CFR Part 40, Appendix A and NRC materials license 
SUA-1341, License Condition 9.5, requires Uranium One to submit to the 
NRC for review and approval, an annual update of the financial surety 
to cover third-party costs for decommissioning and decontamination for 
the Willow Creek ISR Project. The Willow Creek Project is located in 
Johnson and Campbell Counties, Wyoming. Contained within the Willow 
Creek Project, Irigaray and Christensen Ranch Annual Report dated 
August 22, 2013; Uranium One submitted to the NRC its annual surety 
update for 2013-2014 (ADAMS Accession No. ML13309B278). The NRC's staff 
reviewed the annual financial surety updates and found the values 
reasonable for the required reclamation activities (ADAMS Accession No. 
ML14141A487). Uranium One maintains an approved financial assurance 
instrument in favor of the State of Wyoming; however, it does not have 
a standby trust agreement (STA) in place, as required by 10 CFR Part 
40, Appendix A, Criterion 9.

II. Description of Action

    As of December 17, 2012, the NRC's uranium milling licensees, which 
are regulated, in part, under 10 CFR Part 40, Appendix A, Criterion 9, 
are required to have an STA in place. Criterion 9 provides that if a 
licensee does not use a trust as its financial assurance mechanism, 
then the licensee is required to establish a standby trust fund to 
receive funds in the event the Commission or State regulatory Agency 
exercises its right to collect the funds provided for by surety or 
letter of credit. The purpose of an STA is to provide a separate 
account to hold decommissioning funds in the event of a default. 
Consistent with the provisions of 10 CFR Part 40, Appendix A, Criterion 
9(d), Uranium One has consolidated its NRC financial assurance sureties 
with those it is required to obtain by the State of Wyoming, and the 
financial instrument is held by the State of Wyoming. Uranium One has 
not established an STA, nor has it requested an exemption from the 
requirement to do so.
    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(a) of the Code of Wyoming states that ``[a]ll 
forfeitures collected under the provisions of this act shall be 
deposited with the State treasurer in a separate account for 
reclamation purposes.'' Under Wyoming Department of Environmental 
Quality (WDEQ) financial assurance requirements, 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 Wyoming 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 (i.e., decommissioning) purposes.
    The NRC has the discretion, under 10 CFR 40.14(a), to grant an 
exemption from the requirements of a regulation in 10 CFR Part 40 on 
its own initiative, if the NRC 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 has elected 
to grant Uranium One an exemption to the STA requirements in 10 CFR 
Part 40, Appendix A, Criterion 9, for the surety arrangement until the 
2016 review cycle to allow the NRC an opportunity to evaluate whether 
the State of Wyoming's separate account requirements for financial 
assurance instruments it holds is consistent with the NRC's STA 
requirements.

III. Discussion

A. Exemption Is Authorized by Law

    The NRC staff concluded that the proposed exemption is authorized 
by law as 10 CFR 40.14(a) expressly allows for an exemption to the 
requirements of the regulation in 10 CFR Part 40, Appendix A, Criterion 
9, and the proposed exemption will not be contrary to any provision of 
the Atomic Energy Act of 1954, as amended.

B. The Exemption Presents No Undue Risk to Public Health and Safety

    The exemption is related to the financial surety. The requirement 
that the licensee provide adequate financial assurance through an 
approved mechanism (e.g., a surety bond, irrevocable letter of credit) 
would remain unaffected by the exemption. Rather, the exemption would 
only pertain to the establishment of a dedicated trust in which funds 
could be deposited in the event that the financial assurance mechanism 
would need to be liquidated. The regulations in 10 CFR Part 40, 
Appendix A, Criterion 9(d), allow for the financial or surety 
arrangements to be consolidated within a State's similar financial 
assurance instrument. NRC has determined that while the WDEQ does not 
require an STA, the special revenue account may serve 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 site-specific reclamation (i.e., 
decommissioning) purposes. Because Uranium One remains obligated to 
establish an adequate financial assurance mechanism for its licensed 
sites, and the NRC has approved such a mechanism, sufficient funds are 
available in the event that the site would need to be decommissioned. A 
temporary delay in establishing an STA does not impact the present 
availability and adequacy of the actual financial assurance mechanism. 
Therefore, the limited exemption being issued by the NRC herein 
presents no undue risk to public health and safety.

C. The Exemption Is Consistent With the Common Defense and Security

    The proposed exemption will not involve or implicate the common 
defense or security. Therefore, granting the exemption will have no 
effect on the common defense and security.

D. The Exemption Is in the Public Interest

    The proposed exemption will enable the NRC staff to evaluate the 
State of Wyoming's separate account provision and the NRC's STA 
requirement to determine if they are comparable. The evaluation process 
will allow the NRC to determine whether Uranium One's

[[Page 44474]]

compliance with the state law provision will sufficiently address the 
NRC requirement as well, and therefore provide clarity on the 
implementation of the NRC regulation in this instance. Therefore, 
granting the exemption is in the public interest.

E. Environmental Considerations

    The NRC staff has determined that granting of an exemption from the 
requirements of 10 CFR Part 40, Appendix A, Criterion 9 belongs to a 
category of regulatory actions which the NRC, by regulation, has 
determined do not individually or cumulatively have a significant 
effect on the environment, and as such 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)(vi)(H), 
which provides that exemptions from surety, insurance, or 
indemnification requirements are categorically excluded if the 
exemption would not result in any significant hazards consideration; 
change or increase in the amount of any offsite effluents; increase in 
individual or cumulative public or occupational radiation exposure; 
construction impacts; or increase in the potential for or consequence 
from radiological accidents. The staff finds that the STA exemption 
involves surety, insurance and/or indemnity requirements and that 
granting Uranium One this temporary exemption from the requirement of 
establishing a STA would not result in any significant hazards or 
increases in offsite effluents, radiation exposure, construction 
impacts, or potential radiological accidents. Therefore, an 
environmental assessment is not required.

IV. Conclusions

    Accordingly, the NRC has determined that, pursuant to 10 CFR 
40.14(a), the proposed temporary exemption is authorized by law, will 
not present an undue risk to the public health and safety, is 
consistent with the common defense and security, and is in the public 
interest. NRC hereby grants Uranium One a temporary exemption from the 
requirement in 10 CFR Part 40, Appendix A, Criterion 9, to set up a STA 
to receive funds in the event the NRC or the State regulatory agency 
exercises is right to collect the surety. This exemption will expire on 
December 31, 2016, for the Willow Creek ISR Project. At that time, 
Uranium One will be required to ensure that its financial assurance 
arrangement is in compliance with the NRC's STA requirements.

    Dated at Rockville, Maryland, this 21st day of July 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. 2014-18050 Filed 7-30-14; 8:45 am]
BILLING CODE 7590-01-P