ML20137U184
| ML20137U184 | |
| Person / Time | |
|---|---|
| Issue date: | 04/10/1997 |
| From: | Cain C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Meyers K AFFILIATION NOT ASSIGNED |
| References | |
| REF-WM-3 NUDOCS 9704160313 | |
| Download: ML20137U184 (2) | |
Text
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UNITED STATES
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- O-4 NUCLEAR REGULATORY COMMISSION
-h &" ~ WASHINGTON, D.C. 2055MJ01.
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Mr. Karl F; Meyers
-Uranium _ King Corporation P.O. Box 60261 Las Vegas, Nevada'89160
SUBJECT:
. CORRESPONDENCE REGARDING GRAVITY SEPARATOR AT RIO PUERCO MINE.
Dear Mr. Myers:
I am responding to your letter dated February 5.1997, where you raised two cuestions concerning the U.S. Nuclear Regulatory Commission's position on lranium King's gravity separation process. In particular, the two questions dealt with are: 1) Which regulatory department will have juridication in an operation of this style? and 2) Will Uranium King be permitted to use~the residue from the gravity separation as backfill in the mine? The purpose of this letter is to respond to these questions. Before I res)ond to the questions I believe it would be beneficial to provide some Jackground on NRC regulations and procedures.
The NRC's regulations, contained in Title 10 of the Code Of Federal Regulations Part 40 (10 CFR Part 40), establish procedures and criteria for the'1ssuance of licenses to receive title to, receive.' possess use, transfer, or deliver source and byproduct materials, as defined in 10 CFR Part 40: and establish and provide for the. terms and conditions u)on which NRC will issue such licenses. These regulations also provide for t1e disposal of byproduct i material and for the long-term care and custody of the byproduct material. ;
-10 CFR Part 40.4 defines " source material" 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 defines " byproduct material" as: ,
" Tailings or wastes produced by the extraction or concentration of 9 uranium or thorium from any ore processed primarily for its source i material content, including discrete surface wastes resulting from uranium solution extraction processes, Underground ore bodies depleted '
by such. solution extraction operations do not constitute ' byproduct material' within this definition." {7g Question #1 in your letter deals with NRC's licensing authority concerning the i recovery of source material. NRC authority commences with the initial beneficiation (i.e. including processing) of the ore, and includes byproduct vid,g management and fuel fabrication. Assuming the ore treatment at the surface fl results in a.]roduct that contains over .05% uranium by weight. NRC's Ch,i licensing autlority would commence at Step 7 of your process. The beneficiation'of the pumped slurry in the gravity separator removes the ore j W hk!y0 "040
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..K. Meyers 2 a from the " unrefined and unprocessed" category'(see 10 CFR Part 40.4) and therefore from the exemption'in 10 CFR Part 40.13(b). -
- Question #2 is only relevant if NRC issues a source material license. In that i case, the residue from the process would be byproduct material, as defined in .
10 CFR Part 40. Designating the residue as byproduct material does not preclude its disposal as backfill in the mine. In this scenario. Uranium King i- would be required to demonstrate that this disposal method is in compliance with the applicable regulations in 10 CFR Part 40. Please contact Robert Tinsley of my staff at (301) 415-6251 if you have any additional questions.
Sincerely.
Charles L. Cain. Acting Chief Uranium Recovery Branch Division of Waste Management j Office of Nuclear Material Safety i and Safeguards !
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DISTRIBUTION: ' File Center- NMSS r/f URB r/f PUBLIC CNWRA JHolonich RIV ACNW CAbrams MFederline DOCUMENT NAME: S:\DWM\ URB \JRT\u king \ letter.wpd 0FC URB URB C\,f, -H OGC b 6 W ih URB NAME RTinsley:d [ DGill E RFonneri kN CCain UAL DATE 4/T/97 U
4/9 /97 I 4/7 )97 4/lo /97 OFFICIAL RECORD COPY
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