[Federal Register Volume 80, Number 99 (Friday, May 22, 2015)]
[Notices]
[Pages 29753-29756]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12375]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 040-09067; NRC-2015-0126]
Uranerz Energy Corporation; Consideration of Approval of Transfer
of License
AGENCY: Nuclear Regulatory Commission.
ACTION: Application for indirect transfer of license; opportunity to
comment, request a hearing, and petition for leave to intervene.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) received and is
considering approval of an application filed by Uranerz Energy
Corporation (Uranerz) on March 20, 2015. The application seeks NRC
approval of the indirect transfer (change of control) of NRC Materials
License SUA-1597 for the Nichols Ranch In Situ Recovery (ISR) Project
from Uranerz to Energy Fuels Inc. (Energy Fuels).
DATES: Comments must be filed by June 22, 2015. A request for a hearing
must be filed by June 11, 2015.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0126. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Email comments to: [email protected]. If you do not
receive an automatic email reply confirming receipt, then contact us at
301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
For additional direction on accessing information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Ron C. Linton, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-7777; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2015-0126 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0126.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain 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 [email protected]. The
application related to this notice is entitled, ``Nichols Ranch ISR
Project SUA-1597 Notice of Change of Control and Ownership
Information,'' and is available in ADAMS under Accession No.
ML15084A286.
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.
B. Submitting Comments
Please include Docket ID NRC-2015-0126 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 will post all comment submissions at http://www.regulations.gov as well as enter 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.
II. Introduction
The NRC is considering an application dated March 20, 2015, by
Uranerz, requesting consent for an indirect change of control with
respect to its NRC Materials License SUA-1597. Under this license,
Uranerz operates the Nichols Ranch ISR Project uranium milling facility
located in Johnson and Campbell Counties, Wyoming. On January 4, 2015,
Uranerz announced that it had executed a definitive agreement with
Energy Fuels, a corporation organized under the laws of the province of
Ontario, Canada and EFR Nevada Corporation, a corporation organized
under the laws of the state of Nevada and an indirect wholly owned
subsidiary of Energy Fuels, pursuant to which all issued and
outstanding shares of Uranerz common stock would be acquired by Energy
Fuels (the ``transaction''). Consummation of the transaction would
result in the indirect change of control of license SUA-1597 from
Uranerz to Energy Fuels. Uranerz is requesting that the NRC consent to
this change of control.
The application states, ``Upon completion of the transaction, there
will be no change in the Uranerz mine site key operation and health and
safety personnel, licensed activities, or location of operations.''
Additionally, the application states, ``there will be no changes to the
personnel having operational responsibility for the Nichols Ranch
project or identified in the license having responsibility for
radiation safety or authorized to use licensed material.'' After
closing of the transaction, and if the indirect change of control is
approved by the NRC, Uranerz would continue to be the holder of license
SUA-1597. The application asserts that Uranerz would remain technically
and financially qualified as the licensee and would continue to fulfill
all responsibilities as the licensee. A license amendment will not be
necessary because there are no requested changes in the license.
No physical changes to the Nichols Ranch ISR project uranium
milling facility or operational changes are being proposed in the
application.
[[Page 29754]]
Pursuant to section 184 of the Atomic Energy Act of 1954 (AEA), as
amended and section 40.46 of Title 10 of the Code of Federal
Regulations (CFR), no part 40 license shall be transferred, assigned,
or in any manner disposed of, either voluntarily or involuntarily,
directly or indirectly, through transfer of control of the license to
any person, unless the Commission, after securing full information,
finds that the transfer is in accordance with the provisions of the
AEA, and gives its consent in writing. An Environmental Assessment (EA)
will not be performed for this proposed action because it is
categorically excluded from the requirement to perform an EA under 10
CFR 51.22(c)(21).
The Commission will approve an application for the indirect
transfer of a license, if the Commission determines that the proposed
transaction will not affect the qualifications of the licensee to hold
the license, and that the transfer is otherwise consistent with
applicable provisions of law, regulations, and orders issued by the
Commission. Upon completion of a safety review, the NRC staff will
determine whether to consent to the March 12, 2015, application by
issuing the necessary order, along with a supporting safety evaluation
report. Uranerz may be required to obtain regulatory approvals by other
Federal and State agencies or departments, independent of NRC review
and approval.
III. Opportunity To Comment
Within 30 days from the date of publication of this notice, persons
may submit written comments regarding the license transfer application,
as provided for in 10 CFR 2.1305. The Commission will consider and, if
appropriate, respond to these comments, but such comments will not
otherwise constitute part of the decisional record. Comments should be
submitted as described in the ADDRESSES section of this document.
IV. Opportunity To Request a Hearing and Petition for Leave To
Intervene
Within 20 days from the date of publication of this notice, any
person(s) whose interest may be affected by the Commission's action on
the application may request a hearing and intervention via electronic
submission through the NRC's E-filing system. Requests for a hearing
and petitions for leave to intervene should be filed in accordance with
the Commission's rules of practice set forth in Subpart C ``Rules of
General Applicability: Hearing Requests, Petitions to Intervene,
Availability of Documents, Selection of Specific Hearing Procedures,
Presiding Officer Powers, and General Hearing Management for NRC
Adjudicatory Hearings,'' of 10 CFR part 2. In particular, such requests
and petitions must comply with the requirements set forth in 10 CFR
2.309, which is available at the NRC's PDR, located at O1F21, 11555
Rockville Pike (first floor), Rockville, Maryland 20852. The NRC
regulations are accessible electronically from the NRC Library on the
NRC's public Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/.
As required by 10 CFR 2.309, a request for hearing or petition for
leave to intervene must set forth with particularity the interest of
the petitioner in the proceeding and how that interest may be affected
by the results of the proceeding. The hearing request or petition must
specifically explain the reasons why intervention should be permitted,
with particular reference to the following general requirements: (1)
The name, address, and telephone number of the requestor or petitioner;
(2) the nature of the requestor's/petitioner's right under the Act to
be made a party to the proceeding; (3) the nature and extent of the
requestor's/petitioner's property, financial, or other interest in the
proceeding; and (4) the possible effect of any decision or order which
may be entered in the proceeding on the requestor's/petitioner's
interest. The hearing request or petition must also include the
specific contentions that the requestor/petitioner seeks to have
litigated at the proceeding.
For each contention, the requestor/petitioner must provide a
specific statement of the issue of law or fact to be raised or
controverted, as well as a brief explanation of the basis for the
contention. Additionally, the requestor/petitioner must demonstrate
that the issue raised by each contention is within the scope of the
proceeding and is material to the findings that the NRC must make to
support the granting of a license amendment in response to the
application. The hearing request or petition must also include a
concise statement of the alleged facts or expert opinion that support
the contention and on which the requestor/petitioner intends to rely at
the hearing, together with references to those specific sources and
documents. The hearing request or petition must provide sufficient
information to show that a genuine dispute exists with the applicant on
a material issue of law or fact, including references to specific
portions of the application for amendment that the petitioner disputes
and the supporting reasons for each dispute. If the requestor/
petitioner believes that the application for amendment fails to contain
information on a relevant matter as required by law, the requestor/
petitioner must identify each failure and the supporting reasons for
the requestor's/petitioner's belief. Each contention must be one which,
if proven, would entitle the requestor/petitioner to relief. A
requestor/petitioner who does not satisfy these requirements for at
least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding,
subject to any limitations in the order granting leave to intervene,
and have the opportunity to participate fully in the conduct of the
hearing with respect to resolution of that person's admitted
contentions, including the opportunity to present evidence and to
submit a cross-examination plan for cross-examination of witnesses,
consistent with NRC regulations, policies, and procedures. The Atomic
Safety and Licensing Board will set the time and place for any
prehearing conferences and evidentiary hearings, and the appropriate
notices will be provided.
Requests for hearing, petitions for leave to intervene, and motions
for leave to file contentions after the deadline in 10 CFR 2.309(b)
will not be entertained absent a determination by the presiding officer
that the new or amended filing demonstrates good cause by satisfying
the three factors in 10 CFR 2.309(c)(1).
A State, local governmental body, Federally-recognized Indian
tribe, or agency thereof may submit a petition to the Commission to
participate as a party under 10 CFR 2.309(h)(1). The petition should
state the nature and extent of the petitioner's interest in the
proceeding. The petition should be submitted to the Commission by June
11, 2015. The petition must be filed in accordance with the filing
instructions in Section IV of this document, and should meet the
requirements for petitions for leave to intervene set forth in this
section, except that under Sec. 2.309(h)(2) a State, local
governmental body, or Federally-recognized Indian tribe, or agency
thereof does not need to address the standing requirements in 10 CFR
2.309(d) if the facility is located within its boundaries. A State,
local governmental body, Federally-recognized Indian tribe, or agency
thereof may also have the opportunity to participate under 10 CFR
2.315(c).
If a hearing is granted, any person who does not wish, or is not
qualified, to become a party to the proceeding may, in the discretion
of the presiding officer, be permitted to make a limited
[[Page 29755]]
appearance pursuant to the provisions of 10 CFR 2.315(a). A person
making a limited appearance may make an oral or written statement of
position on the issues, but may not otherwise participate in the
proceeding. A limited appearance may be made at any session of the
hearing or at any prehearing conference, subject to the limits and
conditions as may be imposed by the presiding officer. Persons desiring
to make a limited appearance are requested to inform the Secretary of
the Commission by July 21, 2015.
V. Electronic Submissions (E-Filing)
All documents filed in NRC adjudicatory proceedings, including a
request for hearing, a petition for leave to intervene, any motion or
other document filed in the proceeding prior to the submission of a
request for hearing or petition to intervene, and documents filed by
interested governmental entities participating under 10 CFR 2.315(c),
must be filed in accordance with the NRC's E-Filing rule (72 FR 49139;
August 28, 2007). The E-Filing process requires participants to submit
and serve all adjudicatory documents over the internet, or in some
cases to mail copies on electronic storage media. Participants may not
submit paper copies of their filings unless they seek an exemption in
accordance with the procedures described below.
To comply with the procedural requirements of E-Filing, at least
ten 10 days prior to the filing deadline, the participant should
contact the Office of the Secretary by email at [email protected],
or by telephone at 301-415-1677, to request (1) a digital
identification (ID) certificate, which allows the participant (or its
counsel or representative) to digitally sign documents and access the
E-Submittal server for any proceeding in which it is participating; and
(2) advise the Secretary that the participant will be submitting a
request or petition for hearing (even in instances in which the
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the
Secretary will establish an electronic docket for the hearing in this
proceeding if the Secretary has not already established an electronic
docket.
Information about applying for a digital ID certificate is
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. System requirements for accessing
the E-Submittal server are detailed in the NRC's ``Guidance for
Electronic Submission,'' which is available on the agency's public Web
site at http://www.nrc.gov/site-help/e-submittals.html. Participants
may attempt to use other software not listed on the Web site, but
should note that the NRC's E-Filing system does not support unlisted
software, and the NRC Meta System Help Desk will not be able to offer
assistance in using unlisted software.
If a participant is electronically submitting a document to the NRC
in accordance with the E-Filing rule, the participant must file the
document using the NRC's online, Web-based submission form. In order to
serve documents through the Electronic Information Exchange System,
users will be required to install a Web browser plug-in from the NRC's
Web site. Further information on the Web-based submission form,
including the installation of the Web browser plug-in, is available on
the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html.
Once a participant has obtained a digital ID certificate and a
docket has been created, the participant can then submit a request for
hearing or petition for leave to intervene. Submissions should be in
Portable Document Format (PDF) in accordance with NRC guidance
available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the
documents are submitted through the NRC's E-Filing system. To be
timely, an electronic filing must be submitted to the E-Filing system
no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of
a transmission, the E-Filing system time-stamps the document and sends
the submitter an email notice confirming receipt of the document. The
E-Filing system also distributes an email notice that provides access
to the document to the NRC's Office of the General Counsel and any
others who have advised the Office of the Secretary that they wish to
participate in the proceeding, so that the filer need not serve the
documents on those participants separately. Therefore, applicants and
other participants (or their counsel or representative) must apply for
and receive a digital ID certificate before a hearing request/petition
to intervene is filed so that they can obtain access to the document
via the E-Filing system.
A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC Meta System
Help Desk through the ``Contact Us'' link located on the NRC's public
Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to
[email protected], or by a toll-free call at 1-866-672-7640. The
NRC Meta System Help Desk is available between 8 a.m. and 8 p.m.,
Eastern Time, Monday through Friday, excluding government holidays.
Participants who believe that they have a good cause for not
submitting documents electronically must file an exemption request, in
accordance with 10 CFR 2.302(g), with their initial paper filing
requesting authorization to continue to submit documents in paper
format. Such filings must be submitted by: (1) First class mail
addressed to the Office of the Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention:
Rulemaking and Adjudications Staff; or (2) courier, express mail, or
expedited delivery service to the Office of the Secretary, Sixteenth
Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852, Attention: Rulemaking and Adjudications Staff. Participants
filing a document in this manner are responsible for serving the
document on all other participants. Filing is considered complete by
first-class mail as of the time of deposit in the mail, or by courier,
express mail, or expedited delivery service upon depositing the
document with the provider of the service. A presiding officer, having
granted an exemption request from using E-Filing, may require a
participant or party to use E-Filing if the presiding officer
subsequently determines that the reason for granting the exemption from
use of E-Filing no longer exists.
Documents submitted in adjudicatory proceedings will appear in the
NRC's electronic hearing docket which is available to the public at
http://ehd1.nrc.gov/ehd/, unless excluded pursuant to an order of the
Commission, or the presiding officer. Participants are requested not to
include personal privacy information, such as social security numbers,
home addresses, or home phone numbers in their filings, unless an NRC
regulation or other law requires submission of such information.
However, a request to intervene will require including information on
local residence in order to demonstrate a proximity assertion of
interest in the proceeding. With respect to copyrighted works, except
for limited excerpts that serve the purpose of the adjudicatory filings
and would constitute a Fair Use application, participants are requested
not to include copyrighted materials in their submission.
[[Page 29756]]
The Commission will issue a notice or order granting or denying a
hearing request or intervention petition, designating the issues for
any hearing that will be held and designating the Presiding Officer. A
notice granting a hearing will be published in the Federal Register and
served on the parties to the hearing.
Dated at Rockville, Maryland, this 11th day of May 2015.
For the Nuclear Regulatory Commission.
Andrew Persinko,
Deputy Director, Division of Decommissioning, Uranium Recovery, and
Waste Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2015-12375 Filed 5-21-15; 8:45 am]
BILLING CODE 7590-01-P