DRC-2012-001729 - 0901a068802f9f21

DENISON
MINES
Augusta, 2012
Dii
-001729
Demson Mines (USA) Corp
1050 17th Street, Suite 950
Denver, CO 80265
USA
Tel [phone]
Fax [phone]
www denisonmines com
VIA E-MAIL AND OVERNIGHT DELIVERY
Mr Rusty Lundberg
Director
Utah Division of Radiation Control
195 North 1950 West
PO Box 144850
Salt Lake City, UT 84114-4850
Re Application for an amendment to State of Utah Radioactive Materials License No 1900479 for the
White Mesa Uranium Mill (the "Mill") to change the name of Denison Mines (USA) Corp to Energy
Fuels Resources (USA) Inc
Dear Mr Lundberg
We are pleased to enclose with this letter two copies of an application to amend the Mill's Radioactive Materials
License No 1900479 to change the name of the licensee from Denison Mines (USA) Corp to Energy Fuels
Resources (USA) Inc
The Utah Division of Radiation Control approved an indirect transfer of control of Utah Radioactive Materials
License No 1900479 by letter dated June 27, 2012 DRC's letter of approval stated that a name change to the
Mill's license should be submitted within 30 days of the approval
Denison's change of name was not yet in effect at the time of our May 25, 2012 request letter or at the time of
our June 27, 2012 telephone conversation with Mr John Hultquist and Ms Gwyn Galloway of your staff The
change of name became effective on July 25, 2012, that is, 30 days after the date of DRC's approval letter
Now that the change of name is in effect, Denison herein submits the attached amendment application to
change the name of the licensee on the White Mesa Mill Radioactive Materials license
Please contact me if you have any questions or require any further information
Yours very truly,
DENISON MINES (USA) CORP
^Jo Ann Tischler
Director, Compliance and Permitting
cc David C Frydenlund
Letter to Mr Rusty Lundberg
Request to Amend RML for Name Change
August 3, 2012
Page 2
Harold R Roberts
David E Turk
Dan Hillsten
Katherine A Weinel
DENISO
MINES
REQUEST TO AMEND
RADIOACTIVE MATERIALS LICENSE
DENISON MINES (USA) CORP.
WHITE MESA URANIUM MILL
SAN JUAN COUNTY, UTAH
To reflect a Change of Name to
Energy Fuels Resources (USA) Inc.
Prepared for
Utah Department of Environmental Quality
Division of Radiation Control
PO Box 144850
Salt Lake City, UT 84114-4850
Prepared by
Energy Fuels resources (USA) Inc.
(previously named Denison Mines (USA) Corp.)
1050 17th Street, Suite 950,
Denver, CO 80265
August 2012
Demson Mines (USA) Corp
1.0 INTRODUCTION
11 White Mesa Mill
Energy Fuels Resources (USA) Inc (previously named Denison Mines (USA) Corp ("the
Licensee") operates the White Mesa Uraniunn Mill (the "Mill") located approximately six miles
south of Blanding, Utah The Mill processes natural (native, raw) uranium ores and alternate
feed matenals Alternate feed matenals are uranium-beanng matenals other than natural ores,
that meet the cntena specified in the United States Nuclear Regulatory Commission's ("NRC's")
Intenm Position and Guidance on the Use of Uranium Mill Feed Matenal Other Than Natural
Ores (November 30, 2000) Alternate feed matenals are processed as "ore" at the Mill pnmanly
for their source matenal content As a result, all waste associated with this processing is lie (2)
byproduct matenal
1 2 Proposed Action
This IS a request for an amendment to State of Utah Radioactive Matenals License No UT
1900479 (the "License") to change the name of the licensee from "Denison Mines (USA) Corp"
to "Energy Fuels Resources (USA) Inc"
1.3 Purpose of Action
A summary of facts relevant to the above changes is provided below Each of the following facts was
explained to Mr John Hultquist and Ms Gwyn Galloway of the Utah Division of Radiation Control ("DRC")
on June 27, 2012
The Licensee was and still is owned by Denison Mines Holdings Corp ("DMHC")
Energy Fuels Inc ("EFI") acquired DMHC on June 29, 2012 As of that date, EFI acquired
100% of DMHC's United States holdings including the Mill located in San Juan County, Utah
DRC staff concurred that the above transaction constituted an indirect transfer of control of the
License DRC provided a letter on June 27, 2012 approving the indirect transfer of control
EFI change the name of the Licensee to Energy Fuels Resources (USA) Inc , and the name of
DMHC to "Energy Fuels Holdings Corp ", both effective July 25, 2012
The office address of the Licensee will change on August 20, 2012
1 4 Amendment Application
This application is intended to fulfill the requirements of an application for an amendment to the
Mill's Radioactive Matenals License set out in Utah Administrative Code ("UAC") R3I3-22-38
The requested change in the licensee's name would constitute a minor amendment to the
license
UAC R3I3-24-3 requires that an Environmental Analysis be included in
"each new license application, renewal or major amendment"
This application for a change of name is not a request for a new license, a renewal, or a major
amendment Hence, an environmental analysis is not included with this application
Page 1
Denison Mines (USA) Corp
2.0 REGULATORY CONSIDERATIONS
21 Mill Tailings Closure and Reclamation and Surety
As required by DRC in the Approval letter of June 27, 2012, following the change of name on
the Mill's Radioactive Matenals License, the Mill's financial surety instruments will be updated to
reflect
• a change ofthe Licensee's name to "Energy Fuels Resources (USA) Inc",
• the change of ownership, to the extent applicable, and
• a change of references from "Executive Secretary" to "Director" of the Division of
Radiation Control
3.0 CERTIFICATION
This application has been submitted as of August 3, 2012 by
ENERGY FUELS RESOURCES (USA) Inc
(previously named DENISON MINES (USA) CORP )
/
By
D^vid C Frydenlund August 3, 2012
Vice President, Regulatory Affairs
Page 2
Demson Mines (USA) Corp
ATTACHMENT 1
DRC July 27, 2012 Letter Approving Name Change
Page 3
»0?
State of Utah
GARY R HERBERT
Governor
GREG BELL
Lieutenant Governor
Department of
Environmental Quahty
Amanda Smith
Executive Director
DIVISION OF RADIATION CONTROL
Rusty Lundberg
Director
June 27, 2012
David Frydenlund
Vice President Regulatory Affairs and Counsel
Denison Mines (USA) Corp
1050 n*'' Street, Suite 950
Denver, Colorado 80265
RE Acquisition by Energy Fuels Inc of Denison Mines Corp's U S Operations and Name
Change State of Utah Radioactive Matenals License No UT1900479 and State of Utah
Ground Water Discharge Permit No UGW370004
Dear Mr Frydenlund
In your letter dated May 25, 2012, as counsel for the licensee, you notified the Division of
Radiation Control, (DRC), ofthe intended acquisition by Energy Fuels Inc ("Energy Fuels") of
all of Denison Mines Corp's ("Denison's") United States operations In the above referenced
letter you specifically requested that I approve an indirect transfer of control of Utah Radioactive
Matenals License Number UT 1900479 for the White Mesa uranium mill (the "Mill") from
Denison to Energy Fuels Dennison is presently the ultimate parent company of Denison Mines
(USA) Corp , the operating company and licensee of the Mill located in San Juan County, Utah
In a telephone conversation on June 27, 2012, with John Hultquist and Gwyn Galloway of my
staff, you clanfied the proposed transaction and clanfied that the Energy Fuels shares provided to
Dennison would be distributed to Denison's shareholders on a pro rata basis By distnbuting the
shares, Dennison would no longer hold Energy Fuels shares and Energy Fuels would own 100%
of Denison's United States operations including the Mill located in San Juan County, Utah As
descnbed, DRC staff concurs that the proposed transaction will require an indirect transfer of
control of the Mill License Additionally, m the telephone conversation referenced above, Mr
Hultquist and Ms Galloway requested additional information to address the indirect transfer of
control The requested information was provided in Energy Fuels' letter dated June 27, 2012
The Utah Administrative Code, Subsection R313-19-34(2), states that licenses or nghts granted
by a license cannot be transferred, assigned, or in any manner disposed of, either voluntanly or
mvoluntanly, directly or indirectly, through transfer of control of a license to a person unless the
195 North 1950 West • Salt Lake City, UT
Mailing Address P O Box 144850 • Salt Lake City UT 84114-4850
Telephone [phone] • Fax [phone] • T D D [phone]
wvtiw deq ulali gov
Printed on 100% recycled paper
Page 2
Director* shall give wntten consent Please know that the information you submitted has met our
needs Therefore, in accordance with R313-19-34(2), the requested indirect transfer of control is
approved Additionally, approval is granted for the indirect transfer of control regarding the Mill's
Ground Water Discharge Pennit No UGW370004
Please note that a name change to the Mill license should be submitted within 30 days of this
approval if a name change is to be made Once the name has been changed on the Mill license, a
modification to the Mill's financial surety mechanism will be required Please note that dunng the
modification to the surety mechanism, m addition to the name and ownership changes, references
to the Executive Secretary should be changed to the Director of the Division of Radiation Control
If you have additional questions regarding this matter, please contact John Hultquist or Gwyn
Galloway at [phone]
UTAH DIVISON OF RADIATION CONTROL
n7.
Rusty Lundberg, Director
Please note that due to Senate Bill 21 of the 2012 Utah Legislative Session references to Executive Secretary of
the Utah Radiation Control Board in the Utah Radiation Control Act and Administialive have been modified lo
be the Duector of Radiation Conlrol