Updated Record of Decision for Powertech (USA) Inc.; Dewey-Burdock In Situ Uranium Recovery Facility, 80194-80195 [2020-27296]
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Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal Rulemaking website: https://
www.regulations.gov. Please include
Docket ID NRC–2020–0255 in your
comment submission.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC posts all comment
submissions at https://
www.regulations.gov as well as enters
the comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
jbell on DSKJLSW7X2PROD with NOTICES
II. Additional Information
The NRC is issuing for public
comment a DG in the NRC’s ‘‘Regulatory
Guide’’ series. This series was
developed to describe methods that are
acceptable to the NRC staff for
implementing specific parts of the
agency’s regulations, to explain
techniques that the staff uses in
evaluating specific issues or postulated
events, and to describe information that
the staff needs in its review of
applications for permits and licenses.
This DG, titled, ‘‘Implementation of
Aging Management Requirements for
Spent Fuel Storage Renewals,’’ is
temporarily identified by its task
number, DG–3055 (ADAMS Accession
No. ML20282A298). This draft guide is
a proposed new regulatory guide (RG)
3.76. Regulatory Guide 3.76 describes an
approach that is acceptable to the staff
of the NRC by endorsing, with
clarifications, the Nuclear Energy
Institute (NEI) guidance in NEI 14–03,
Revision 2, ‘‘Format, Content and
Implementation Guidance for Dry Cask
Storage Operations-Based Aging
Management,’’ issued December 2016.
This new RG provides guidance to
industry for complying with and
implementing the requirements for
spent fuel storage renewals in part 72 of
title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Licensing
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Requirements for the Independent
Storage of Spent Nuclear Fuel, HighLevel Radioactive Waste, and ReactorRelated Greater Than Class C Waste.’’
This guidance addresses renewal of
ISFSI specific licenses and CoCs for
spent fuel storage cask designs in 10
CFR 72.42, ‘‘Duration of license;
renewal,’’ and 10 CFR 72.240,
‘‘Conditions for spent fuel storage cask
renewal,’’ respectively.
The guidance specifically addresses
the format and content of spent fuel
storage renewal applications and the
implementation of aging management
programs (AMPs). The guidance uses an
operations-focused approach to aging
management, in which operating
experience is shared through an
industry database and continually
assessed to adjust AMPs, as needed and
within regulatory limits, to ensure the
effectiveness of aging management
activities during the period of extended
operation and the continued safe storage
of spent fuel.
The staff is also issuing for public
comment a draft regulatory analysis
(ADAMS Accession No. ML20282A299).
The staff develops a regulatory analysis
to assess the value of issuing this new
regulatory guide as well as alternative
courses of action.
III. Backfitting, Forward Fitting, and
Issue Finality
This proposed regulatory guide, RG
3.76, proposes to endorse, with
clarifications, NEI 14–03, which
provides guidance on the format and
content of spent fuel storage renewal
applications and implementation of
aging management programs under 10
CFR part 72. As explained in the
proposed RG 3.76, licensees are not
required to comply with the positions
set forth in this regulatory guide.
Therefore, proposed RG 3.76 does not
constitute backfitting as defined in 10
CFR 72.62, ‘‘Backfitting,’’ and as
described in NRC Management Directive
(MD) 8.4, ‘‘Management of Backfitting,
Forward Fitting, Issue Finality, and
Information Requests;’’ or constitute
forward fitting as that term is defined
and described in MD 8.4. If, in the
future, the NRC were to impose a
position in this proposed RG 3.76 in a
manner that would constitute
backfitting or forward fitting, then the
NRC would address the backfitting
provision in 10 CFR 72.62 or the
forward fitting provision of MD 8.4,
respectively.
Dated: December 8, 2020.
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For the Nuclear Regulatory Commission.
Meraj Rahimi,
Chief, Regulatory Guidance and Generic
Issues Branch, Division of Engineering, Office
of Nuclear Regulatory Research.
[FR Doc. 2020–27351 Filed 12–10–20; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 40–9075; NRC–2012–0277]
Updated Record of Decision for
Powertech (USA) Inc.; Dewey-Burdock
In Situ Uranium Recovery Facility
Nuclear Regulatory
Commission.
ACTION: Record of Decision; update.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) staff has issued an
updated Record of Decision (ROD)
related to the license for Powertech
(USA) Inc. (Powertech), Dewey-Burdock
in situ uranium recovery (ISR) facility in
Custer and Fall River Counties, South
Dakota. Powertech’s request for a source
and byproduct materials license to
construct and operate the DeweyBurdock ISR facility was contested
through the NRC’s adjudicatory process.
On October 8, 2020, the Commission
denied a petition for review of the
Atomic Safety and Licensing Board
Panel’s (ASLBP) Final Initial Decision
issued on December 12, 2019, and two
interlocutory orders, thus terminating
the adjudicatory proceeding. The ROD
has been updated to account for the
ASLBP’s decision and the Commission’s
ruling.
DATES: The ROD was updated on
December 3, 2020.
ADDRESSES: Please refer to Docket ID
NRC–2012–0277 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 website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0277. Address
questions about Docket IDs in
Regulations.gov to Jennifer Borges;
telephone: 301–287–9127; email:
Jennifer.Borges@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 publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
SUMMARY:
E:\FR\FM\11DEN1.SGM
11DEN1
Federal Register / Vol. 85, No. 239 / Friday, December 11, 2020 / Notices
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’
The updated ROD can be found by
searching for ADAMS Accession No.
ML20321A051. 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.
• Attention: The PDR, where you may
examine and order copies of public
documents, is currently closed. You
may submit your request to the PDR via
email at PDR.Resource@nrc.gov or call
1–800–397–4209 between 8:00 a.m. and
4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Diana Diaz-Toro, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC,
20555–0001; telephone: 301–415–
0930; email: Diana.Diaz-Toro@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC staff issued a license to
Powertech for the construction and
operation of its Dewey-Burdock ISR
facility in Custer and Fall River
Counties, in South Dakota in April
2014. Along with the issuance of the
license, the NRC staff published a ROD
in April 2014 that supported its
decision to approve Powertech’s license
application for the Dewey-Burdock ISR
facility.
During the NRC staff’s licensing
review, the NRC’s ASLBP, an
independent, trial-level adjudicatory
body, granted a hearing request from the
Oglala Sioux Tribe and Consolidated
Intervenors (consisting of a group of
individuals and organizations). The
ASLBP held an evidentiary hearing in
Rapid City, South Dakota, from August
19–21, 2014, on seven admitted
contentions. On April 30, 2015, the
ASLBP issued a Partial Initial Decision
(LBP–15–16) resolving all but two of the
admitted contentions in favor of the
NRC staff: Contentions 1A and 1B,
regarding historic and cultural
resources, were resolved in favor of the
Oglala Sioux Tribe and Consolidated
Intervenors. Subsequently, on October
19, 2017, the ASLBP granted the NRC
staff’s motion for summary disposition
of Contention 1B and determined that
the NRC staff’s efforts satisfied the
National Historic Preservation Act
(NHPA) requirement that the NRC staff
consult with the Oglala Sioux Tribe. On
April 29, 2019, the ASLBP granted the
NRC staff’s motion to set a schedule for
an evidentiary hearing. The hearing was
held on August 28 and 29, 2019, in
Rapid City, South Dakota. On December
12, 2019, the ASLBP issued the Final
Initial Decision (LBP–19–10) finding
that the staff satisfied its National
Environmental Policy Act (NEPA)
obligation to take a reasonable hard look
at potential impacts to cultural
resources. The ASLBP also found that,
consistent with the Council on
Environmental Quality regulations at
section 1502.22 of the title 40 of the
Code of Federal Regulations, the
information necessary to complete the
NEPA review is effectively unavailable
and that no further supplemental
environmental impact statement is
necessary in this case. The ASLBP also
included a new condition to
Powertech’s license. It provides that,
prior to appointing a Tribal Monitor
pursuant to Stipulation 13(c) of the
NHPA Programmatic Agreement,
Powertech shall notify the NRC of the
identity of the Monitor, and the NRC
will in turn distribute that information
to the signatories and consulting Tribes
to the Programmatic Agreement for a 30day review and comment period. On
October 8, 2020, the Commission denied
a petition for review (CLI–20–09) of the
ASLBP’s final initial decision in LBP–
19–10 and two interlocutory ASLBP
orders, which terminated the
adjudicatory proceeding. The updated
ROD accounts for the ASLBP’s decisions
and the Commission’s ruling.
II. Availability of Documents
The documents identified in the
following table are available to
interested persons as indicated.
Document description
ADAMS Accession No.
Powertech Dewey-Burdock Application, February 28, 2009 ..........................................................
Generic Environmental Impact Statement for In Situ Leach Uranium Milling Facilities, May 2009
Resubmission of Application, August 10, 2009 ..............................................................................
Response to Request for Additional Information, August 12, 2010 ...............................................
Revised Response to Request for Additional Information, June 28, 2011 ....................................
Ground Water Model, February 27, 2012 .......................................................................................
Clarification of Oxidation-Reduction Potential Measurement, April 11, 2012 .................................
Clarification of Regional Meteorological Data, June 13, 2012 .......................................................
Clarification of Response to Request for Additional Information, June 27, 2012 ..........................
Supplemental Sampling Plan and Responses to Comments Regarding Draft License, October
19, 2012.
Comments on Draft Supplemental Environment Impact Statement, January 8, 2013 ..................
Supplemental Environmental Impact Statement for the Dewey-Burdock ISR Facility in Fall River
and Custer Counties, South Dakota (NUREG-1910, Supplement 4, Volumes 1 and 2), January 31, 2014.
NHPA Programmatic Agreement for Protection of Cultural Resources, Executed April 7, 2014 ..
NRC Safety Evaluation Report, April 8, 2014 .................................................................................
Source Materials License for Dewey-Burdock, April 8, 2014 .........................................................
NRC Record of Decision, April 8, 2014 ..........................................................................................
NRC Updated Record of Decision, December 3, 2020 ..................................................................
jbell on DSKJLSW7X2PROD with NOTICES
Dated: December 8, 2020.
For the Nuclear Regulatory Commission.
Jessie M. Quintero,
Chief, Environmental Review Materials
Branch, Division of Rulemaking,
Environmental and Financial Support, Office
of Nuclear Material Safety, and Safeguards.
[FR Doc. 2020–27296 Filed 12–10–20; 8:45 am]
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ML091200014 (package).
ML091530075 (package).
ML092870160 (package).
ML102380530 (package).
ML112071064 (package).
ML120620195 (package).
ML121030013.
ML12173A038.
ML12179A534.
ML12305A056.
ML13022A386.
ML14024A477
ML14024A478.
ML14066A344 (package).
ML14043A347 (package).
ML14043A392.
ML14066A466.
ML20321A051.
POSTAL REGULATORY COMMISSION
[Docket Nos. MC2021–41 and CP2021–42;
Docket Nos. MC2021–42 and CP2021–43]
New Postal Products
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Postal Regulatory Commission.
Notice.
AGENCY:
ACTION:
BILLING CODE 7590–01–P
VerDate Sep<11>2014
80195
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]]>Agencies
[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80194-80195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-27296]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 40-9075; NRC-2012-0277]
Updated Record of Decision for Powertech (USA) Inc.; Dewey-
Burdock In Situ Uranium Recovery Facility
AGENCY: Nuclear Regulatory Commission.
ACTION: Record of Decision; update.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) staff has issued
an updated Record of Decision (ROD) related to the license for
Powertech (USA) Inc. (Powertech), Dewey-Burdock in situ uranium
recovery (ISR) facility in Custer and Fall River Counties, South
Dakota. Powertech's request for a source and byproduct materials
license to construct and operate the Dewey-Burdock ISR facility was
contested through the NRC's adjudicatory process. On October 8, 2020,
the Commission denied a petition for review of the Atomic Safety and
Licensing Board Panel's (ASLBP) Final Initial Decision issued on
December 12, 2019, and two interlocutory orders, thus terminating the
adjudicatory proceeding. The ROD has been updated to account for the
ASLBP's decision and the Commission's ruling.
DATES: The ROD was updated on December 3, 2020.
ADDRESSES: Please refer to Docket ID NRC-2012-0277 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0277. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; email: [email protected]. For technical
questions, contact the individual listed in the FOR FURTHER INFORMATION
CONTACT section of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/
[[Page 80195]]
adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' The updated ROD can be found by searching for ADAMS Accession
No. ML20321A051. For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected].
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209
between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT: Diana Diaz-Toro, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC,
20555-0001; telephone: 301-415-0930; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC staff issued a license to Powertech for the construction
and operation of its Dewey-Burdock ISR facility in Custer and Fall
River Counties, in South Dakota in April 2014. Along with the issuance
of the license, the NRC staff published a ROD in April 2014 that
supported its decision to approve Powertech's license application for
the Dewey-Burdock ISR facility.
During the NRC staff's licensing review, the NRC's ASLBP, an
independent, trial-level adjudicatory body, granted a hearing request
from the Oglala Sioux Tribe and Consolidated Intervenors (consisting of
a group of individuals and organizations). The ASLBP held an
evidentiary hearing in Rapid City, South Dakota, from August 19-21,
2014, on seven admitted contentions. On April 30, 2015, the ASLBP
issued a Partial Initial Decision (LBP-15-16) resolving all but two of
the admitted contentions in favor of the NRC staff: Contentions 1A and
1B, regarding historic and cultural resources, were resolved in favor
of the Oglala Sioux Tribe and Consolidated Intervenors. Subsequently,
on October 19, 2017, the ASLBP granted the NRC staff's motion for
summary disposition of Contention 1B and determined that the NRC
staff's efforts satisfied the National Historic Preservation Act (NHPA)
requirement that the NRC staff consult with the Oglala Sioux Tribe. On
April 29, 2019, the ASLBP granted the NRC staff's motion to set a
schedule for an evidentiary hearing. The hearing was held on August 28
and 29, 2019, in Rapid City, South Dakota. On December 12, 2019, the
ASLBP issued the Final Initial Decision (LBP-19-10) finding that the
staff satisfied its National Environmental Policy Act (NEPA) obligation
to take a reasonable hard look at potential impacts to cultural
resources. The ASLBP also found that, consistent with the Council on
Environmental Quality regulations at section 1502.22 of the title 40 of
the Code of Federal Regulations, the information necessary to complete
the NEPA review is effectively unavailable and that no further
supplemental environmental impact statement is necessary in this case.
The ASLBP also included a new condition to Powertech's license. It
provides that, prior to appointing a Tribal Monitor pursuant to
Stipulation 13(c) of the NHPA Programmatic Agreement, Powertech shall
notify the NRC of the identity of the Monitor, and the NRC will in turn
distribute that information to the signatories and consulting Tribes to
the Programmatic Agreement for a 30-day review and comment period. On
October 8, 2020, the Commission denied a petition for review (CLI-20-
09) of the ASLBP's final initial decision in LBP-19-10 and two
interlocutory ASLBP orders, which terminated the adjudicatory
proceeding. The updated ROD accounts for the ASLBP's decisions and the
Commission's ruling.
II. Availability of Documents
The documents identified in the following table are available to
interested persons as indicated.
------------------------------------------------------------------------
Document description ADAMS Accession No.
------------------------------------------------------------------------
Powertech Dewey-Burdock Application, February ML091200014 (package).
28, 2009.
Generic Environmental Impact Statement for In ML091530075 (package).
Situ Leach Uranium Milling Facilities, May
2009.
Resubmission of Application, August 10, 2009. ML092870160 (package).
Response to Request for Additional ML102380530 (package).
Information, August 12, 2010.
Revised Response to Request for Additional ML112071064 (package).
Information, June 28, 2011.
Ground Water Model, February 27, 2012........ ML120620195 (package).
Clarification of Oxidation-Reduction ML121030013.
Potential Measurement, April 11, 2012.
Clarification of Regional Meteorological ML12173A038.
Data, June 13, 2012.
Clarification of Response to Request for ML12179A534.
Additional Information, June 27, 2012.
Supplemental Sampling Plan and Responses to ML12305A056.
Comments Regarding Draft License, October
19, 2012.
Comments on Draft Supplemental Environment ML13022A386.
Impact Statement, January 8, 2013.
Supplemental Environmental Impact Statement ML14024A477
for the Dewey-Burdock ISR Facility in Fall ML14024A478.
River and Custer Counties, South Dakota
(NUREG[dash]1910, Supplement 4, Volumes 1
and 2), January 31, 2014.
NHPA Programmatic Agreement for Protection of ML14066A344 (package).
Cultural Resources, Executed April 7, 2014.
NRC Safety Evaluation Report, April 8, 2014.. ML14043A347 (package).
Source Materials License for Dewey-Burdock, ML14043A392.
April 8, 2014.
NRC Record of Decision, April 8, 2014........ ML14066A466.
NRC Updated Record of Decision, December 3, ML20321A051.
2020.
------------------------------------------------------------------------
Dated: December 8, 2020.
For the Nuclear Regulatory Commission.
Jessie M. Quintero,
Chief, Environmental Review Materials Branch, Division of Rulemaking,
Environmental and Financial Support, Office of Nuclear Material Safety,
and Safeguards.
[FR Doc. 2020-27296 Filed 12-10-20; 8:45 am]
BILLING CODE 7590-01-P
