ML20136G861

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Provides Info Re Source Matl,Byproduct Matl Licensing & Submission of License Application to NRC
ML20136G861
Person / Time
Issue date: 03/14/1997
From: Gillen D
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To: Jackie Cook
ANACONDA CO. (DIV. OF ATLANTIC RICHFIELD CO.)
References
REF-WM-60 NUDOCS 9703180231
Download: ML20136G861 (3)


Text

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o y* -4 UNITED STATES s ;r Y

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055.&0001

% ,o! March 14, 1997

. Anaconda Uranium Corporation

ATTN: Mr.~ John Cook, President 320 Bay Street, Suite 1000
Toronto Ontario M5H 4A6 f

SUBJECT:

REGULATORY GUIDANCE - COPPER MOUNTAIN PROJECT

Dear Mr. Cook:

In response to your letter of January 30, 1997, I am providing information

related to source material and byproduct material licensing, and submission of i a license application to the U.S.- Nuclear Regulatory Commission. Your letter i

I stated that Anaconda Uranium Corporation (AUC) intends to develop claims in the Copper Mountain Project area near Riverton, Wyoming, and is evaluating

. heap leaching and in-situ leaching as alternatives for uranium _ recovery. Both alternativas will involve the transportation of concentrated uranium, as j yellowcake slurry, which would be transported to other mills for further treatment.

j . You also stated that you have a copy of Title 10 of the Code of Federal i Regulations (10CFR). The NRC's regulations covering the domestic licensing of source and byproduct material are contained in 10 CFR Part 40. " Source

. material" and " byproduct. material" are defined respectively, therein, as:

(1) Uranium or thorium, or any combination thereof, in any

, physical or chemical form, or (2) ores which contain by weight one-twentieth of one percent (0.05%) or more of: (i) Uranium,.(ii) thorium or (iii) any combination thereof.

' and

... the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its. source material content, including discrete surface wastes resulting from uranium solution extraction processes.

The NRC's regulations contained in 10 CFR Part 40, establish procedures and criteria for the issuance of licenses to receive title to, receive, possess, use, transfer, or deliver source and byproduct materials, as defined in 10 CFR Part 40, and provide the terms and conditions upon which the NRC will issue such licenses. These regulations also address the disposal of byproduct

. material and the long-term care and custody of the byproduct material.

I have enclosed a copy of NRC Regulatory Guide 3.5, " Standard Format and Content of License Applications for Uranium Mills." An entity wishing to qq,5z pursue an NRC source material license for uranium milling operations should follow the direction provided in this guide to ensure that the appropriate

' subject areas are addressed in the license application. Such an entity will also need to meet the requirements for filing an application (NRC Form 313,

" Application for Material License," enclosed) for an NRC source material license, as provided in 10 CFR 40.31, " Application for Specific Licenses." hl- ftfI O EC HLE CEiHER* CDPV tem- tdo 9703180231 970314 PDR WASTE WM-60 PDR ;

J. took 2 In addition, the potential' environmental impacts of a proposed uranium milling operation will need to be assessed as part of any license application. _10 CFR 51.60(b)(ii). requires a license applicant to prepare an environmental report in cases where source material will be possessed and used for the purpose of uranium milling. I have enclosed NRC Regulatory Guide 3.8, " Preparation of Environmental Reports for Uranium Mills," to aid you in the preparation of the environmental report.

-You should also be aware of requirements under 10 CFR Part 20, " Standards for Protection Against' Radiation." The purpose of these regulations is to control the receipt, possession, use, transfer, and disposal of licensed material by any NRC licensee in such a manner that the total dose to an individual-(including doses resulting from licensed and unlicensed radioactive material ,

and.from radiation sources other than background radiation) does not exceed '

-the standards prescribed in 10 CFR Part 20. These regulations are applicable to persons licensed by the NRC to receive, possess, use, transfer, or dispose of source and. byproduct materials, in addition to other NRC licensees.

Other NRC regulations may also be applicable to your project.. These include:

1).10 CFR Part 51, " Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions" (provisions in addition to 10 CFR 51.60(b)(ii), discussed above); 2) 10 CFR Part 71, " Packaging and Transportation of Radioactive Material;" and 3) 10 CFR Parts 170 and 171, which address licensing. fees.

NRC is required to assess fees for the full cost of licensing reviews in accordance with 10 CFR Parts 170 and 171. Full cost fees will be determined based on the. amount of NRC staff time and appropriate contractual support services expended. Licensees are also required to set aside a financial assurance (e.g., bond, parent company guarantee) for reclamation of. uranium facilities. . The value of the financial assurance is-determined by site-specific criteria-and is adjusted annually based on site considerations and inflation. NRC " Technical Position on Financial Assurances for Reclamation, Decommissioning, and Long-term Surveillance and Control of Uranium Recovery Facilities"-(enclosed), provides information about this subject.

NRC's responsibilities concerning the recovery of source material only commence with the initial benefication (i.e., use, including processing) of the ore, and include byproduct management and fuel fabrication. Therefore, additional federal regulations may apply (e.g., those concerning environmental impacts of the mining process, mining and occupational safety, and the actual transportation of the uranium yellowcake slurry). You should contact the appropriate federal agencies to gain additional information about these regulations.

Finally, each State has specific requirements for permits for drilling and use of groundwater supplies. Since the proposed project will be within the State of Wyoming, AUC should contact the appropriate state district regulatory office for information on state requirements.

! . J. Cook 3 J

[s In addition to the documents listed above, I have enclosed several NRC i . technical positions, which serve as guidance for technical information related

- to in situ uranium facilities. If you have any questions concerning this letter or the enclosed documents, please contact Mr. Robert Tinsley, of my

. staff, at (301) 415-6251.

~

l Sincerely, i'

f' (Original signed by)

I Daniel M. Gillen, Assistant Branch Chief l Uranium Recovery Branch i Division of Waste Management

Office of Nuclear Material Safety and Safeguards f

i

Enclosures:

NRC Form 313, Application for Material License l NRC Regulatory Guide 3.5, " Standard Format And Content of License Applications For Uranium Mills"

NRC Regulatory Guide 3.8, " Preparation of Environmental Reports i For Uranium Mills"
September, 1994, NRC letter to licensees on performance based licenses.

i 10 CFR Parts 170 and 171, " License, inspection, and Annual Fees

! for FY 1997 t

" Technical Position on Financial Assurances for Reclamation, Decommissioning, and Long-term Surveillance and Control of i Uranium Recovery Facilities" I " Regulation of Ground-Water Contaminants and In-Situ Uranium i Solution Mining"

"Hydrogeologic Characterization of Uranium Solution Mine and Mill l Tailings Disposal Sites"

" Groundwater Monitoring at Uranium In-Situ Solution Mines" i " Standardized In-Situ Facility License Conditions" b

! cc: WY DEQ

q. L. Gochnour

_ DISTRIBUTION w/o

Enclosures:

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DOCUMENT NAME: S:\DWM\ URB \JRT\C00KREV.LTR *Without Enclosures 0FC URB r w a . C URB A ,, C NAME RTinNy DG31 DATE 03/ N/97 H 03/ N/97 4 0FFLCIAL RECORD COPY