SECY-18-0116, M190131: Affirmation Session - SECY-18-0116 - Powertech (Usa), Inc. (Dewey-Burdock in Situ Uranium Recovery Facility) Response to Remand from D.C. Circuit in Oglala Sioux Tribe V. NRC

M190131: Affirmation Session - SECY-18-0116 - Powertech (Usa), Inc. (Dewey-Burdock in Situ Uranium Recovery Facility) Response to Remand from D.C. Circuit in Oglala Sioux Tribe V. NRC

ML19032A494
Person / Time
Issue date:	01/31/2019
From:	NRC/SECY
To:
References
M190131, SECY-18-0116
Download: ML19032A494 (4)

Text

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION AFFIRMATION SESSION PUBLIC MEETING Nuclear Regulatory Commission Commission Hearing Room 11555 Rockville Pike Rockville, Maryland January 31, 2019 The Commission met in open session, pursuant to notice at 1:25 PM, Kristine L. Svinicki, Chairman, presiding.

COMMISSINERS PRESENT:

KRISTINE L. SVINICKI, Chairman of the Commission JEFF BARAN, Member of the Commission STEPHEN G. BURNS, Member of the Commission ANNIE CAPUTO, Member of the Commission DAVID A. WRIGHT, Member of the Commission STAFF AND PRESENTERS SEATED AT THE COMMISSION TABLE:

MARIAN ZOBLER, General Counsel ANNETTE VIETTI-COOK, Secretary of the Commission

2 DISCLAIMER This is an unofficial transcript of a meeting of the United States Nuclear Regulatory Commission on January 31, 2019, in the Commissions office at One White Flint North, Rockville, Maryland. The meeting was open to public attendance and observation. This transcript has not been reviewed, corrected or edited, and it may contain inaccuracies.

The transcript is intended solely for general information purposes. As provided by 10 CFR 9.103, it is not part of the formal or informal record and decision of the matters discussed. Expressions of opinion in the transcript do not necessarily reflect final determination or beliefs. No pleading or other paper may be filed with the Commission in any proceeding as the result of, or addressed to, any statement or argument contained herein, except as the Commission may authorize.

3

[1:25 PM]

PROCEEDINGS CHAIRMAN SVINICKI: I call the affirmation meeting to order. Madam Secretary, I believe the Commission has one item for affirmation today. Would you please lead us through the item?

ANNETTE VIETTI-COOK: Yes, this is on SECY-18-0116 - Powertech (USA), Inc.

(Dewey-Burdock In Situ Uranium Recovery Facility) Response to Remand from D.C. Circuit in Oglala Sioux Tribe v. NRC.

The Commission is being asked to act on a Memorandum and Order responding to the U.S. Court of Appeals for the District of Columbia Circuits remand.

The Commission, with Commissioner Baran dissenting, has voted to approve a Memorandum and Order (as attached), which leaves Powertechs license in place. The order requires Powertech to notify the Board and the parties no less than 60 days prior to commencing any activities at the Dewey-Burdock site under its NRC license, if the adjudicatory proceeding regarding Contention 1A remains pending at the time.

Would you please affirm your vote?

CHAIRMAN SVINICKI: Aye.

COMMISSIONER BARAN: Aye.

COMMISSIONER BURNS: Aye.

COMMISSIONER CAPUTO: Aye.

COMMISSIONER WRIGHT: Aye.

Thats all I have.

CHAIRMAN SVINICKI: Thank you very much for that. Would any member of the Commission like to make any comments? Hearing none, we are adjourned. Thank you.

4 CERTIFICATE This is to certify that the attached description of a meeting of the U.S. Nuclear Regulatory Commission entitled:

TITLE OF MEETING: Affirmation Session (PUBLIC MEETING)

PLACE OF MEETING: Rockville, Maryland DATE OF MEETING: January 31, 2019 was held as herein appears, is a true and accurate record of the meeting, and that this is the original transcript thereof taken stenographically by me, thereafter reduced to typewriting by me or under the direction of the court reporting company.

Transcriber: Wendy Moore Reporter: (TAPE RECORDING)