NRC LICENSE APPLICATION PROCESS STEPHEN J. COHEN HYDROGEOLOGIST/PROJECT MANAGER URANIUM RECOVERY BRANCH

NRC Detailed Technical Consult SF & C NRC LICENSING PROCESS Submit Application to NRC Pre-Licensing Meeting w/NRC NRC Acceptance Review EIS From NEPA Review Applicant Resubmit Adequate Inadequate NRC Detailed Technical Review Opportunity for Hearing NRC Issues License Issue RAIs to Applicant If open issues remaining NRC Prepares SER Applicant Response/ Provides Add’l Info. All Open Issues Resolved NRC Final Review

PRE-LICENSING ACTIVITIES OBJECTIVE – NOTIFY NRC OF PROJECT AND GET ON NRC BUDGET PRE-LICENSING MEETINGS SCHEDULES AND PROGRESS UPDATES Schedules and progress updates are important aspect of pre-licensing. Needed to help NRC budget and plan for work No Charge for first pre-licensing; subsequent meetings are charged Letters of Commitment Pre-Licensing activities could last for years

PRE-LICENSING ACTIVITIES (cont’d.) SITE INVESTIGATION - EXAMPLES GEOLOGY GEOTECHNICAL HYDROGEOLOGY HYDROLOGY ENVIRONMENTAL INVESTIGATION - EXAMPLES ARCHAEOLOGY BACKGROUND CULTURAL RESOURCES HEALTH PHYSICS CROSS-OVER AREAS

LICENSE APPLICATION SUBMITTAL NO AMOUNT OF PRE-LICENSING COORDINATION CAN SUBSTITUTE FOR A POORLY PREPARED APPLICATION. WHAT IS A GOOD APPLICATION? AN APPLICATION THAT PROVIDES THE NECESSARY INFORMATION TO ALLOW NRC’S ASSESSMENT OF TECHNICAL, SAFETY AND ENVIRONMENTAL ASPECTS OF A PROJECT. Need to provide sufficient detail, but be as concise as possible.

LICENSE APPLICATION SUBMITTAL (cont’d.) WHAT DOCUMENTATION IS REQUIRED FOR A LICENSE APPLICATION? TRANSMITTAL LETTER FORM 313 – 10 CFR 40.5 AND 40.31 TECHNICAL REPORT ENVIRONMENTAL REPORT NRC’S RESPONSE WHEN APPLICATION IS RECEIVED FED. REG. NOTICE – OPPORTUNITY FOR HEARING DOCKET NUMBERS ALL DOCUMENTS ARE PUBLIC UNLESS WITHOLDING IS APPROVED UNDER 10 CFR 2.390 Technical and environmental reports should be separate – different reviewers and review paths If this is done, some sort of table or checklist is required to allow reviews to identify those parts meant to fulfill the ER guidance recommendations.

LICENSE APPLICATION SUBMITTAL (cont’d.) REVIEW PLANS AND GUIDANCE – BASIC LIST NUREG-1569 – IN-SITU LEACH MINES NUREG-1620 – CONVENTIONAL MILL REC PLANS NUREG-1757 – DECOMMISSIONING NUREG-1748 – ENVIRONMENTAL REVIEWS 10 CFR PART 40, APPENDIX A REG. GUIDE 3.5, REV. 1 VARIOUS REG GUIDES

LICENSE APPLICATION SUBMITTAL (cont’d.) FORMAT AND CONTENT GUIDANCE CONVENTIONAL MILL – REG GUIDE 3.5 & NUREG-1620 ISL FACILITIES – NUREG-1569 ENVIRONMENTAL REPORT – NUREG-1748 10 CFR PART 40, APPENDIX A Other guidance documents are available and have been provided on the CDs handed out at registration. Ground water restoration, monitoring can either be safety or environmental issue depending on the proximity of site to supply wells.

CONVENTIONAL MILL APPLICATION CONTENT PROPOSED ACTIVITIES SITE CHARACTERISTICS MILL PROCESS AND EQUIPMENT WASTE MANAGEMENT SYSTEM OPERATIONS ACCIDENTS QUALITY ASSURANCE Guidance states the evaluation of alternatives. This is generally a NEPA issued and should be addressed in the environmental report.

CONVENTIONAL MILL APPLICATION CONTENT 10 CFR PART 40, APPENDIX A, NUREG-1620 RECLAMATION PLAN SURETY IMPOUNDMENT DESIGN STANDARDS ALSO 40 CFR 61.252 – IMPOUNDMENT LIMIT Pre-UMTRCA applications did not include the need for a Reclamation Plan. Required by Appendix A Demonstrates knowledge of reclamation process and it’s used to calculate initial surety. EPA has a 40-acre limit for impoundments under 40 CFR 61.252.

ISL APPLICATION CONTENT PROPOSED ACTIVITIES SITE CHARACTERIZATION DESCRIPTION OF PROPOSED FACILITY EFFLUENT CONTROL SYSTEMS GROUND WATER RESTORATION, SURFACE RECLAMATION, AND DECOMMISSIONING ACCIDENTS QUALITY ASSURANCE SURETY ESTIMATE GROUND WATER RESTORATION IS A CROSS-OVER TOPIC.

NRC ACCEPTANCE REVIEW 90-DAY INITIAL REVIEW BASIS OF REVIEW: NUREGS, REG GUIDES, OTHER GUIDANCE. ACTIONS FOR INCOMPLETE APPLICATIONS: CAN BE RETURNED TO APPLICANT FOR RESUBMITTAL. ACCEPTED WITH REQUEST FOR ADDITIONAL INFORMATION. IF APPLICATION IS COMPLETE, ACCEPTANCE LETTER ISSUED.

NRC ACCEPTANCE REVIEW (cont’d.) ORDER OF REVIEW APPLICATIONS WILL BE REVIEWED IN THE ORDER THEY ARE ACCEPTED. SUBMITTING PARTIAL OR HASTILY PREPARED APPLICATIONS TO GET INTO THE QUEUE IS NOT ACCEPTABLE.

TECHNICAL REVIEW OF APPLICATION BASIS OF REVIEW – REGULATIONS, NUREGS, REG. GUIDES REQUEST FOR ADDITIONAL INFORMATION – GOAL IS ONE REQUEST ENVIRONMENTAL REVIEW – CONCURRENT WITH TECHNICAL REVIEW

TECHNICAL REVIEW OF APPLICATION (cont’d.) SOME ADDITIONAL THOUGHTS ON THE FOLLOWING AREAS: GEOLOGY AND HYDROGEOLOGY HEALTH PHYSICS SURFACE WATER HYDROLOGY BACKGROUND RADIATION AND WATER QUALITY INVESTIGATION RECLAMATION PLAN AND SURETY ACCIDENT SCENARIOS

GEOLOGY AND HYDROGEOLOGY APPLICABLE FOR BOTH ISL AND CONVENTIONAL FACILITIES. THOROUGH DESCRIPTION OF GEOLOGY AND HYDROGEOLOGY. DETAILED TESTING AND ANALYSIS INFORMATION STATISTICAL ANALYSIS METHODS THOROUGH HYDROGEOLOGIC DESCRIPTION AQUIFER TESTS MONITORING

HEALTH PHYSICS ISSUES 10 CFR 40, APPENDIX A CRITERION 7 THROUGH 10 COMPLETE BASELINE DATA PRE/POST OPERATIONAL MONITORING PROGRAM NUREG 1569 BACKGROUND RADIOLOGICAL CHARACTERISTICS DECOMMISSIONING GUIDANCE Bullet 1: 10 CFR 40 criterion 7 states that a licensee is to provide complete baseline data and establish a pre/post operational monitoring program. A major issue is what level of complexity exists for these tasks. What level of detail is required? How many samples? What frequency? What type of samples? Etc.. Bullet 2: NUREG 1569 provide some guidance on the above questions but is purposely vague to allow licensees to establish programs that conform to their specific facility. However, the NUREG does reference decommissioning guidance. What it takes to decommission a facility should be evaluated as part of the pre operational monitoring program.

GEOTECHNICAL ENGINEERING DESIGN OPERATIONS DECOMMISSIONING/RECLAMATION DESIGN Site Characterization Tailings Impoundments/Evaporation Ponds (Stability, Settlement, Seepage, Construction Quality Control) Reg Guide 3.11; Reg Guide 1.138;; STP (79-01) Operations Impoundment Inspection and Maintenance Seepage/Leak Detection Monitoring Reg Guide 3.11.1; Draft Reg Guide MS-146-4 Decommissioning/Reclamation Long-term stability Cover Design (infiltration, radon emanation) NUREG-1620 (section 2.0)

SURFACE WATER HYDROLOGY/EROSION PROTECTION – ISL FACILITIES SITED TO AVOID FLOODING/EROSION EROSION PROTECTION NEAR STREAMS IMPOUNDMENTS TO CONTAIN LARGE EVENTS DAM SAFETY RECLAMATION PLAN IN-SITU FACILITIES 1. FACILITIES SHOULD BE SITED TO AVOID FLOODING AND EROSION 2. EROSION PROTECTION MAY BE NEEDED IF SITED NEAR STREAM OR ARROYO, OR IF DIVERSION CHANNELS ARE CONSTRUCTED 3. IMPOUNDMENTS MAY NEED TO CONTAIN LARGE FLOODS, RAINFALL EVENTS, AND WAVE ACTION 4. OPERATIONAL DESIGN CRITERIA ARE BASED ON NEED TO PREVENT RELEASE OF CONTAMINATED MATERIAL (OR FLUIDS) FROM FLOODING AND EROSION 5. POSSIBLE DAM SAFETY CONSIDERATIONS, DEPENDING ON SIZE OF IMPOUNDMENT 6. SITE CONSIDERATIONS APPLY TO OPERATIONAL PERIOD - USUAL PRACTICE IS TO COMPLETELY CLEAN UP SURFACE AREAS - RECLAMATION PLAN FOR LONG-TERM STABILITY AND EROSION PROTECTION IS USUALLY NOT NEEDED

SURFACE WATER HYDROLOGY/EROSION PROTECTION – CONVENTIONAL MILLS RECLAMATION PLAN WITH APPLICATION EROSION PROTECTION DESIGNS NEEDED FOR CHANNELS, EMBANKMENT SLOPES, AND APRONS. NUREGS-1620 AND -1623 PROVIDE ACCEPTABLE METHODS FOR EROSION PROTECTION OPERATIONAL IMPOUNDMENT CAPACITY/FREEBOARD MAY BE AFFECTED BY LARGE EVENTS DAM SAFETY CONSIDERATIONS B. CONVENTIONAL FACILITIES 1. RECLAMATION PLAN FOR LONG-TERM STABILIZATION OF TAILINGS MUST BE PROVIDED WITH APPLICATION 2. EROSION PROTECTION DESIGNS ARE ALMOST ALWAYS NEEDED FOR CHANNELS, EMBANKMENT SLOPES, AND APRONS 3. NUREG-1623 AND NUREG-1620 PROVIDE ACCEPTABLE METHODS FOR DESIGN OF EROSION PROTECTION FOR RECLAMATION 4. OPERATIONAL IMPOUNDMENT CAPACITY AND FREEBOARD MAY BE AFFECTED BY LARGE FLOODS, RAINFALL EVENTS, AND RESERVOIR WAVE ACTION 5. POSSIBLE DAM SAFETY CONSIDERATIONS DEPENDING ON SIZE

BACKGROUND INVESTIGATIONS BACKGROUND GROUND WATER QUALITY INVESTIGATION – 10 CFR 40, APPENDIX A, CRITERION. 1 YEAR OF SAMPLING BACKGROUND CONCENTRATIONS APPROVED BY NRC. SOILS BACKGROUND INVESTIGATION SUFFICIENT TO IDENTIFY HETEROGENEITIES IN RADIONUCLIDE CONCENTRATIONS. BACKGROUND CONCENTRATIONS AT DEPTH COULD BE A CONCERN.

ACCIDENT SCENARIOS – A BRIEF DISCUSSION SPECTRUM OF POTENTIAL ACCIDENTS MEASURES TO PREVENT ACCIDENTS EMERGENCY PLANS AND TRAINING SPECTRUM SHOULD INCLUDE TRIVIAL TO SERIOUS CLASS OF OCCURRENCE FIRES ENGULFING THE PROCESSING PLANT, POTENTIAL EXPLOSIONS, AND URANIUM DISPERSAL.

REQUESTS FOR ADDITIONAL INFORMATION ISSUED TO RAIs AND RESPONSES REQUESTS FOR ADDITIONAL INFORMATION ISSUED TO COMPLETE REVIEW. RAI LETTER ISSUED WITH RESPONSE REQUESTED WITHIN 30 TO 45 DAYS. GOAL: ONCE RESPONSES ACCEPTED – TECHNICAL REVIEW PROCEEDS.

COMPLETE ENVIRONMENTAL REVIEW PROCESS - EIS FINAL REVIEW STEPS COMPLETE ENVIRONMENTAL REVIEW PROCESS - EIS COMPLETE THE SAFETY EVALUATION REPORT PUBLISH RECORD OF DECISION ISSUE LICENSE AND SAFETY EVALUATION REPORT ADJUDICATION

Thank you! Any Questions?