DRC-2025-001945

Adam Wingate <[e-mail]>
Question about Surety Estimates and 10 CFR 40 Appendix A
5 messages
Adam Wingate <[e-mail]>Wed, May 28, 2025 at 1:55 PM
To: Duncan White <[e-mail]>, Douglas Mandeville <[e-mail]>, [e-mail]
Cc: Stevie Norcross <[e-mail]>
Happy Wednesday Everyone,
I hope you all are well and enjoying the start of summer!
Stevie and I recently had a meeting with Anfield Resources (the owners of the Shootaring Canyon mill), and a question
came up concerning their surety. In short, when Anfield submitted their renewal application last year, they included a new
decommissioning plan and cost estimate that totalled ~$25 million. Anfield's current, Division-approved
decommissioning plan and cost estimate is closer to $15 million. When they submitted their annual update for inflation
this year, they adjusted the $15 million amount, not the $25 million.
10 CFR 40 Appendix A Criterion 9 says, in part, "The amount of funds to be ensured by such surety arrangements must
be based on [Division]-approved cost estimates in a [Division]-approved plan, or a proposed revision to the plan
submitted to the [Division] for approval, if the proposed revision contains a higher cost estimate...”
In your experience / interpretation, would this mean that, upon submitting the $25 million estimate with the renewal
application, Anfield would be responsible to update their surety to $25 million immediately, or at some later time?
I would be happy to set up a quick call to discuss this further as well! Looking forward a couple weeks, Stevie and I are
available any time after 12:00 on June 11, 12, 13, 19, or 20.
Thanks for any and all guidance, hopefully we can chat soon!
Best,
Adam
--
Adam Wingate
Section Manager | Uranium Recovery
He / Him
Direct Line: [phone]
Front Desk: [phone]
wasteandradiation.utah.gov
Emails to and from this email address may be considered public records and thus subject to Utah GRAMA
requirements.
Statements made in this email do not constitute the official position of the Director of the Division of Waste
Management and Radiation Control. If you desire a statement of the Division Director's position,
please submit a written request to the Director, including copies of documents relevant to your request
Duncan White <[e-mail]>Thu, May 29, 2025 at 2:33 PM
To: Adam Wingate <[e-mail]>, Douglas Mandeville <[e-mail]>, Bill Von Till
<[e-mail]>
Cc: ext_Stevie_Norcross <[e-mail]>
6/17/25, 12:04 PM State of Utah Mail - Question about Surety Estimates and 10 CFR 40 Appendix A
https://mail.google.com/mail/u/0/?ik=c47edfec7b&view=pt&search=all&permthid=thread-a:r4566609648874270811&simpl=msg-a:r-260293057389540…1/5
Adam:

Thanks for your email. We have a few questions before we provide a response. Do you have time for short call (30
minutes) on either June 2, 3, or 4?

Duncan
[Quoted text hidden]
Adam Wingate <[e-mail]>Thu, May 29, 2025 at 5:50 PM
To: Duncan White <[e-mail]>
Cc: Douglas Mandeville <[e-mail]>, Bill Von Till <[e-mail]>, ext_Stevie_Norcross
<[e-mail]>
Hi Duncan,
Thanks! Yes, I am free any time after 12:00 on June 2. Stevie won't be able to join us, but I can catch her up after.
[Quoted text hidden]
Adam Wingate <[e-mail]>Tue, Jun 17, 2025 at 10:41 AM
To: Douglas Mandeville <[e-mail]>
Happy Tuesday Doug!
Just wanted to check in on your response for the Anfield surety and our flexibility interpreting criterion 9. I know you were
going to run it past a few other people in your office, but Anfield asked me for an update and I told them I would check in.
Thanks!
Adam
[Quoted text hidden]
Douglas Mandeville <[e-mail]>Tue, Jun 17, 2025 at 11:51 AM
To: Adam Wingate <[e-mail]>
Cc: Bill Von Till <[e-mail]>, Duncan White <[e-mail]>
Adam –

A strict reading of the language in 10 CFR Part 40, Appendix A, Criterion 9 could result in an interpretation
that the licensee could need to have financial assurance in place for the $25 million.

However, as we discussed during the call, this criterion envisions a typical mill in routine operation, not the
conditions present at Shootaring Canyon. We understand that they are renewing/restarting their facility; that
the State is in the early stages of its review of that application, and the timeline for the review is still being
worked out.

The key language in Criterion 9 is ‘before the commencement of operations’ – staff should have reasonable
assurance that sufficient resources are available for a third party to clean up the facility at any time.
6/17/25, 12:04 PM State of Utah Mail - Question about Surety Estimates and 10 CFR 40 Appendix A
https://mail.google.com/mail/u/0/?ik=c47edfec7b&view=pt&search=all&permthid=thread-a:r4566609648874270811&simpl=msg-a:r-260293057389540…2/5
However, there can be flexibility around when an increase in financial assurance is put into place for
situations like Shootaring, provided that the amount is ultimately available prior to the restart of operations.

Hope this helps.

Doug

From: Adam Wingate <[e-mail]>
Sent: Tuesday, June 17, 2025 12:41 PM
To: Douglas Mandeville <[e-mail]>
Subject: [External_Sender] Re: Queson about Surety Esmates and 10 CFR 40 Appendix A

Happy Tuesday Doug!

Just wanted to check in on your response for the Anfield surety and our flexibility interpreting criterion 9. I know you were
going to run it past a few other people in your office, but Anfield asked me for an update and I told them I would check in.

Thanks!
Adam

On Wed, May 28, 2025 at 1:55 PM Adam Wingate <[e-mail]> wrote:
Happy Wednesday Everyone,

I hope you all are well and enjoying the start of summer!

Stevie and I recently had a meeting with Anfield Resources (the owners of the Shootaring Canyon mill), and a question
came up concerning their surety. In short, when Anfield submitted their renewal application last year, they included a
new decommissioning plan and cost estimate that totalled ~$25 million. Anfield's current, Division-approved
decommissioning plan and cost estimate is closer to $15 million. When they submitted their annual update for inflation
this year, they adjusted the $15 million amount, not the $25 million.

10 CFR 40 Appendix A Criterion 9 says, in part, "The amount of funds to be ensured by such surety arrangements must
be based on [Division]-approved cost estimates in a [Division]-approved plan, or a proposed revision to the plan
submitted to the [Division] for approval, if the proposed revision contains a higher cost estimate...”

6/17/25, 12:04 PM State of Utah Mail - Question about Surety Estimates and 10 CFR 40 Appendix A
https://mail.google.com/mail/u/0/?ik=c47edfec7b&view=pt&search=all&permthid=thread-a:r4566609648874270811&simpl=msg-a:r-260293057389540…3/5
In your experience / interpretation, would this mean that, upon submitting the $25 million estimate with the renewal
application, Anfield would be responsible to update their surety to $25 million immediately, or at some later time?

I would be happy to set up a quick call to discuss this further as well! Looking forward a couple weeks, Stevie and I are
available any time after 12:00 on June 11, 12, 13, 19, or 20.

Thanks for any and all guidance, hopefully we can chat soon!

Best,
Adam

--
Adam Wingate
Section Manager | Uranium Recovery
He / Him
Direct Line: [phone]
Front Desk: [phone]
wasteandradiation.utah.gov
Emails to and from this email address may be considered public records and thus subject to Utah GRAMA
requirements.
Statements made in this email do not constitute the official position of the Director of the Division of Waste
Management and Radiation Control. If you desire a statement of the Division Director's position,
please submit a written request to the Director, including copies of documents relevant to your request

--
6/17/25, 12:04 PM State of Utah Mail - Question about Surety Estimates and 10 CFR 40 Appendix A
https://mail.google.com/mail/u/0/?ik=c47edfec7b&view=pt&search=all&permthid=thread-a:r4566609648874270811&simpl=msg-a:r-260293057389540…4/5
Adam Wingate
Section Manager | Uranium Recovery
He / Him
Direct Line: [phone]
Front Desk: [phone]
wasteandradiation.utah.gov
[Quoted text hidden]
6/17/25, 12:04 PM State of Utah Mail - Question about Surety Estimates and 10 CFR 40 Appendix A
https://mail.google.com/mail/u/0/?ik=c47edfec7b&view=pt&search=all&permthid=thread-a:r4566609648874270811&simpl=msg-a:r-260293057389540…5/5