DRC-2015-007793 - 0901a06880594f47

State
GARYR. HERBERT
Govemor
SPENCERJ. COX
Lieurenant Governor
Department of
Environmental Quality
Alan Matheson
Executive Director
DTVISION OF WASTE MANAGEMENT
AND RADIATION CONTROL
Scott T. Anderson
Director
November 4,2015
Scott A. Bakken
Sr. Director, Regulatory Affairs
Energy Fuels Resources (USA) Inc.
225 Umon Blvd., Suite 600
Lakewood, CO 80228
RE: UraterzNichols Ranch Yellowcake Slurry Project
Energy Fuels Resources (USA) Inc. (EFRI)
Radioactive Material License (RML) UT1900479
Dear Mr. Bakken:
In a letter dated October 29,2015, Energy Fuels Resources (USA) Inc. (EFRI) sent a letter to the
Division of Waste Management and Radiation Control informing the Division of its intent to transfer a
yellowcake slurry from the Nichols Ranch In-Situ Recovery GSR) facility, located in Wyoming, to the
White Mesa Uranium Mill, located just south of Blanding, Utah. EFRI indicated that the yellowcake
slurry could be transferred between the Nichols Ranch ISR and the White Mesa Mill because both
facilities are authorizedto receive and transfer the licensed source material (natural uranium). EFRI
asserted that this would be a legal transfer of licensed source material in accordance with 10 CFR
40.51(a)(5) [equivalent to R313-19-41(2)(d) of the Utah Administrative Code]. The purpose of this
transfer is so "final processing" can be done at the White Mesa Mill.
The Division has completed its evaluation of the information provided by EFRI regarding this request.
Based on this evaluation, the Nuclear Regulatory Commission's (NRC) conclusions that milling
processes may occur at locations other than a uranium mill and that milling processes are not completed
until the conversion process begins (SECY-02-0095) and the Utah Radiation Control Rules, the Division
agrees that the yellowcake slurry material is still in the milling process and agrees that the yellowcake
slurry material from Nichols Ranch ISR can be transferred to EFRI's White Mesa Uranium Mill under
the provisions in R313-19-41(2)(d) of the Utah Administrative Code. Therefore, no amendment is
necessary to EFRI's license for the transfer of ISR vellowcake slurry material.
195 North 1950 West. Salt Lake City, UT
Mailing Address: P.O. Box 144880 . Salt Lake City, UT 841 144880
Telephone [phone]. Fax [phone]. T.D.D. [phone]
zutuw.dzq.utah.gmt
Printed on 1007o recycled paper
DRC-2015-007793
(Over)
The following provisions apply to the Division's concurrence for the transfer of the yellowcake slurry
material from Nichols Ranch ISR to the White Mesa Uranium Mill:
l. This concurrence for transfer of materials is exclusively for the yellowcake slurry from the
Nichols Ranch ISR facility and does not apply to other future projects. Any additional
yellowcake slurry from other ISR facilities will require Director approval.
2. The yellowcake produced from this project must be counted toward the yellowcake production
limits in EFRI's RML License Condition l0.l.A.
In the October 29,2015letter, EFRI states that the yellowcake slurry material will be transferred to the
White Mesa Uranium mill using a uranium slurry hauling system. Please provide documentation that
the uranium slurry hauling system is an NRC-approved package as defined in l0 CFR 71, 49 CFR
173.427 and Table 6 found in 49 CFR 173.
The Division will inspect compliance aspects of this project during
Mill. If you have any questions, please call Ryan Johnson at (801)
Sincerel
Scott T.
Division of Waste Management and Radiation Control
STAIRMJ/ka
future inspections at the White Mesa
s36-4255.
Harold Roberts, Executive Vice President and Chief Operating Officer