ML041070089
| ML041070089 | |
| Person / Time | |
|---|---|
| Issue date: | 04/28/2004 |
| From: | Pierson R NRC/NMSS/FCSS |
| To: | Farrell C Nuclear Energy Institute |
| References | |
| RIS-04-002 | |
| Download: ML041070089 (3) | |
See also: RIS 2004-02
Text
April 28, 2004
Mr. Clifton W. Farrell
Senior Program Manager
Material Licensees
Nuclear Energy Institute
1776 I Street, NW, Suite 400
Washington, DC 20006-3708
SUBJECT: COMMENTS ON REGULATORY ISSUE SUMMARY 2004-02: DEFERRAL OF
ACTIVE REGULATION OF GROUND-WATER PROTECTION AT IN-SITU
LEACH URANIUM EXTRACTION FACILITIES
Dear Mr. Farrell:
I am responding to your letter dated March 23, 2004, that expressed support for the subject
Regulatory Issue Summary (RIS). We appreciate your comments on this RIS.
Additionally, you commented that the U.S. Nuclear Regulatory Commission (NRC) should
relinquish regulation of all in-situ well field operations. You stated that such operations are
equivalent to the mining of ores in conventional open pit or underground operations which
are not subject to NRC licensing. However, in-situ leach operations involve the in-place
(i.e., in-situ) processing of ores to extract (i.e., recover) the uranium. Unlike conventional open
pit or underground mining in which the ore is removed from the earth and the uranium is later
extracted from the ore in a mill, the extraction of the uranium for in-situ leach processes occurs
directly in the ore deposit. The NRC has jurisdiction and licensing authority over the milling of
uranium (as defined in 10 CFR 40.4) unless, pursuant to section 274b. of the Atomic Energy
Act Act of 1954, as amended (AEA), a state enters into an agreement with the NRC which
provides for the discontinuance of the NRCs regulatory authority over 11e.(2) byproduct
material. In the case of in-situ leach operations, either a state must assume regulatory
authority regarding this activity by entering into a section 274b. agreement with the NRC, or a
statutory change would be necessary. We are not convinced at this time that a statutory
change would be a cost effective undertaking.
If you have any further questions concerning this matter, please contact Robert Nelson of my
staff at (301) 415-7298 or by e-mail at ran@nrc.gov.
C. Farrell 2
Again, I would like to thank you for your support of RIS 2004-02.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter will be
available electronically for public inspection in the NRC Public Document Room or from the
Publicly Available Records (PARS) component of NRCs document system (ADAMS). ADAMS
is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Sincerely,
/RA/
Robert C. Pierson, Director
Division of Fuel Cycle Safety
and Safeguards
Office of Nuclear Material Safety
and Safeguards
C. Farrell 2
April 28, 2004
Again, I would like to thank you for your support of RIS 2004-02.
In accordance with 10 CFR 2.390 of the NRCs Rules of Practice, a copy of this letter will be
available electronically for public inspection in the NRC Public Document Room or from the
Publicly Available Records (PARS) component of NRCs document system (ADAMS). ADAMS
is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public
Electronic Reading Room).
Sincerely,
/RA/
Robert C. Pierson, Director
Division of Fuel Cycle Safety
and Safeguards
Office of Nuclear Material Safety
and Safeguards
DISTRIBUTION: Green Ticket: F2004002
FCFB r/f FCSS r/f
C:\ORPCheckout\FileNET\ML041070089.wpd
- see previous concurrence ML041070089
OFC FCFB FCFB OGC FCFB FCSS
NAME J.Lusher* R.Nelson* M.Schwartz * G.Janosko* R.Pierson
DATE 4/14/04 4/14/04 4/21/04 4/15/04 4/28/04
OFFICIAL RECORD COPY