Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 45655 

Administration, U.S. Nuclear Regulatory 

Commission at (301) 492–3446. 

Comments would be most helpful if 

received by October 30, 2009. 

Comments received after that date will 

be considered if it is practical to do so, 

but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

Although a time limit is given, 

comments and suggestions in 

connection with items for inclusion in 

guides currently being developed or 

improvements in all published guides 

are encouraged at any time. 

Electronic copies of DG–1150 are 

available through the NRC’s public Web 

site under Draft Regulatory Guides in 

the ‘‘Regulatory Guides’’ collection of 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also 

available in ADAMS (http:// 

www.nrc.gov/reading-rm/adams.html), 

under Accession No. ML091200454. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR) located at 

11555 Rockville Pike, Rockville, 

Maryland. The PDR’s mailing address is 

USNRC PDR, Washington, DC 20555– 

0001. The PDR can also be reached by 

telephone at (301) 415–4737 or (800) 

397–4205, by fax at (301) 415–3548, and 

by e-mail to pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and Commission approval 

is not required to reproduce them. 

Dated at Rockville, Maryland, this 24 day 

of August 2009. 

For the Nuclear Regulatory Commission. 

Andrea D. Valentin, 

Chief, Regulatory Guide Development Branch, 

Division of Engineering, Office of Nuclear 

Regulatory Research. 

[FR Doc. E9–21279 Filed 9–2–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2009–0383] 

Draft Regulatory Guide: Issuance, 

Availability 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of issuance and 

availability of Draft Regulatory Guide, 

DG–1227. 

FOR FURTHER INFORMATION CONTACT: 

Donald Helton, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone: (301) 251–7594 or email to Donald.Helton@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment a draft guide in the agency’s 

‘‘Regulatory Guide’’ series. This series 

was developed to describe and make 

available to the public such information 

as methods that are acceptable to the 

NRC staff for implementing specific 

parts of the NRC’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

The draft regulatory guide (DG), titled, 

‘‘An Approach for Plant-Specific, RiskInformed Decisionmaking: Technical 

Specifications,’’ is temporarily 

identified by its task number, DG–1227, 

which should be mentioned in all 

related correspondence. DG–1227 is 

proposed Revision 1 of Regulatory 

Guide 1.177, dated August 1998. The 

NRC’s policy statement on probabilistic 

risk assessment (PRA) encourages 

greater use of this analysis technique to 

improve safety decisionmaking and 

improve regulatory efficiency. The NRC 

staff’s Risk-Informed and PerformanceBased Plan (RPP) formerly known as the 

PRA Implementation Plan describes 

current or planned activities to expand 

use of this analytical method. One 

activity under way in response to the 

policy statement is the use of PRA in 

support of decisions to modify an 

individual plant’s technical 

specifications (TS). 

Licensee-initiated TS changes that are 

consistent with currently approved staff 

positions (e.g., regulatory guides, 

standard review plans, branch technical 

positions, or the Standard Technical 

Specifications (STS)) are normally 

evaluated by the staff using traditional 

engineering analyses. A licensee would 

not be expected to submit risk 

information in support of the proposed 

change. Licensee-initiated TS change 

requests that go beyond current staff 

positions may be evaluated by the staff 

using traditional engineering analyses as 

well as the risk-informed approach set 

forth in this regulatory guide. A licensee 

may be requested to submit 

supplemental risk information if such 

information is not provided in the 

original submittal by the licensee. If risk 

information on the proposed TS change 

is not provided to the staff, the staff will 

review the information provided by the 

licensee to determine whether the 

application can be approved based upon 

the information provided using 

traditional methods and will either 

approve or reject the application based 

upon the review. 

II. Further Information 

The NRC staff is soliciting comments 

on DG–1227. Comments may be 

accompanied by relevant information or 

supporting data and should mention 

DG–1227 in the subject line. Comments 

submitted in writing or in electronic 

form will be made available to the 

public in their entirety through the 

NRC’s Agencywide Documents Access 

and Management System (ADAMS). 

Because your comments will not be 

edited to remove any identifying or 

contact information, the NRC cautions 

you against including any information 

in your submission that you do not want 

to be publicly disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. You may submit 

comments by any of the following 

methods: 

1. Mail comments to: Rulemaking and 

Directives Branch, Mail Stop: TWB–05– 

B01M, Office of Administration, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

2. Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2009–0383]. Address questions 

about NRC dockets to Carol Gallagher, 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

3. Fax comments to: Rulemaking and 

Directives Branch, Office of 

Administration, U.S. Nuclear Regulatory 

Commission at (301) 492–3446. 

Requests for technical information 

about DG–1227 may be directed to the 

NRC contact, Donald Helton at (301) 

251–7594 or e-mail to 

Donald.Helton@nrc.gov. 

Comments would be most helpful if 

received by November 3, 2009. 

Comments received after that date will 

be considered if it is practical to do so, 

but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

Although a time limit is given, 

comments and suggestions in 

connection with items for inclusion in 

guides currently being developed or 

improvements in all published guides 

are encouraged at any time. 

Electronic copies of DG–1227 are 

available through the NRC’s public Web 

site under Draft Regulatory Guides in 

the ‘‘Regulatory Guides’’ collection of 

the NRC’s Electronic Reading Room at 


pwalker on DSK8KYBLC1PROD with NOTICES
45656 Federal Register / Vol. 74, No. 170 / Thursday, September 3, 2009 / Notices 

http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also 

available in ADAMS (http:// 

www.nrc.gov/reading-rm/adams.html), 

under Accession No. ML091200294. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR) located at 

11555 Rockville Pike, Rockville, 

Maryland. The PDR’s mailing address is 

USNRC PDR, Washington, DC 20555– 

0001. The PDR can also be reached by 

telephone at (301) 415–4737 or (800) 

397–4205, by fax at (301) 415–3548, and 

by e-mail to pdr.resource@nrc.gov. 

Regulatory guides are not 

copyrighted, and Commission approval 

is not required to reproduce them. 

Dated at Rockville, Maryland, this 25th day 

of August 2009. 

For the Nuclear Regulatory Commission. 

Andrea D. Valentin, 

Chief, Regulatory Guide Development Branch, 

Division of Engineering, Office of Nuclear 

Regulatory Research. 

[FR Doc. E9–21280 Filed 9–2–09; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 40–9068; NRC–2008–0391] 

Lost Creek ISR, LLC; Lost Creek InSitu Recovery Project; New Source 

Material License Application; Notice of 

Intent To Prepare a Supplemental 

Environmental Impact Statement 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Intent (NOI). 

SUMMARY: Lost Creek ISR, LLC (LCI) 

submitted an application for a new 

source material license for the Lost 

Creek In-Situ Recovery (ISR) Project to 

be located in Sweetwater County, 

Wyoming, approximately 70 miles 

southeast of Lander, Wyoming and 

approximately 40 miles northwest of 

Rawlins, Wyoming. The application 

proposes the construction, operation, 

and decommissioning of ISR, also 

known as in-situ leach, facilities and 

restoration of the aquifer from which the 

uranium is being extracted. LCI 

submitted the application for the new 

source material license to the U.S. 

Nuclear Regulatory Commission (NRC) 

by a letter dated March 31, 2008. A 

notice of receipt and availability of the 

license application, including the 

Environmental Report (ER), and 

opportunity to request a hearing was 

published in the Federal Register on 

July 10, 2008 (73 FR 39728). The 

purpose of this notice of intent is to 

inform the public that the NRC will be 

preparing a site-specific Supplemental 

Environmental Impact Statement (SEIS) 

to the Generic Environmental Impact 

Statement for In-Situ Leach Uranium 

Milling Facilities (ISR GEIS) for a new 

source material license for the Lost 

Creek ISR Project, as required by 10 CFR 

51.26(d). In addition, as outlined in 36 

CFR 800.8, ‘‘Coordination with the 

National Environmental Policy Act,’’ the 

NRC plans to use the environmental 

review process as reflected in 10 CFR 

Part 51 to coordinate compliance with 

Section 106 of the National Historic 

Preservation Act. 

FOR FURTHER INFORMATION CONTACT: For 

general information on the NRC NEPA 

or the environmental review process 

related to the Lost Creek ISR Project 

application, please contact the NRC 

Environmental Project Manager, Alan B. 

Bjornsen, at (301) 415–1195 or 

Alan.Bjornsen@nrc.gov. 

Information and documents 

associated with the Lost Creek ISR 

Project, including the license 

application, are available for public 

review through our electronic reading 

room: http://www.nrc.gov/reading-rm/ 

adams.html and on the NRC’s Lost 

Creek Site Web page: http:// 

www.nrc.gov/info-finder/materials/ 

uranium/apps-in-review/lost creek-newapp-review.html. Documents may also 

be obtained from NRC’s Public 

Document Room at the U.S. Nuclear 

Regulatory Commission Headquarters, 

11555 Rockville Pike (first floor), 

Rockville, Maryland. 

SUPPLEMENTARY INFORMATION: 

1.0 Background 

LCI submitted the application for the 

new source material license to the NRC 

for ISR facilities by a letter dated March 

31, 2008. A notice of receipt and 

availability of the license application, 

including the ER, and opportunity to 

request a hearing was published in the 

Federal Register on July 10, 2008 (73 FR 

39728). No requests for hearing were 

submitted. 

The NRC originally planned to 

document this environmental 

evaluation in draft and final 

Environmental Assessments (EAs). 

However, during the development of the 

final ISR GEIS, NRC decided to prepare 

an SEIS that will tier off of the ISR GEIS 

for applications to license new ISR 

facilities. This environmental evaluation 

for the Lost Creek ISR Project will now 

be documented in draft and final SEISs 

instead of an EA. While NRC regulations 

do not require scoping under 10 CFR 

Part 51 for SEISs, NRC staff met with 

Federal (Bureau of Land Management— 

Cheyenne, Casper, Rawlins; Bureau of 

Indian Affairs—Fort Washakie; Fish & 

Wildlife Service—Rawlins), State 

(Wyoming Department of 

Environmental Quality—Cheyenne, 

Lander; State Engineer’s Office; 

Wyoming Department of Game & Fish— 

Lander; Governor’s Planning Office; 

State Historic Preservation Office) and 

local government agencies (Sweetwater 

County Planning Department; 

Sweetwater County Engineers’ Office; 

Fremont County Planning Department; 

Town of Bairoil) and public 

organizations (Lander Chamber of 

Commerce; Wyoming Community 

Development Authority) in January of 

2009 as part of a site visit to gather sitespecific information to assist in the 

preparation of the Lost Creek ISR Project 

environmental review. NRC also 

contacted potentially interested Tribes 

and local public interest groups via email and telephone to gather additional 

information. 

The NRC has begun evaluating the 

potential environmental impacts 

associated with the proposed ISR 

facility in parallel with the review of the 

license application. This environmental 

evaluation will be documented in draft 

and final SEISs in accordance with 

NRC’s NEPA implementing regulations 

contained in 10 CFR Part 51. The NRC 

is required by 10 CFR 51.20(b)(8) to 

prepare an Environmental Impact 

Statement (EIS) or a supplement to an 

EIS for the issuance of a license to 

possess and use source material for 

uranium milling. The ISR GEIS and the 

site-specific SEIS fulfills this regulatory 

requirement. The purpose of the present 

notice is to inform the public that the 

NRC staff will prepare a site-specific 

supplement to the ISR GEIS (NUREG– 

1910) as part of the review of the 

application. 

2.0 Lost Creek ISR Facilities 

The facilities, if licensed, would 

include a central processing plant, 

accompanying wellfields, and ion 

exchange columns. The process 

involves the dissolution of the watersoluble uranium from the mineralized 

host sandstone rock by pumping 

oxidants (oxygen or hydrogen peroxide) 

and chemical compounds (sodium 

bicarbonate) through a series of 

production and extraction wells. The 

uranium-rich solution is transferred 

from the production wells to the central 

processing plant for uranium 

concentration using ion exchange 

columns. Processing is conducted in the 

central processing plant to produce a 

yellowcake slurry that will be 

transported to another ISR facility for 

final processing into a dry yellowcake. 


pwalker on DSK8KYBLC1PROD with NOTICES