Federal Atomic Safety and Licensing Board (ASLB) Rules on Crow Butte Disputes

Uranium (Nuclear Minerals) / Exploration, Mining, Marketing, & Acquisitions

Date posted: 12/28/16

Kerri Rempp reports that the Crow Butte Uranium Mine at Crawford will be allowed to continue its operation according to a partial ruling issued by the Atomic Safety and Licensing Board (ASLB). In its second partial ruling Dec. 7, the ASLB ruled on the eight remaining contentions in the case, finding in favor of the Nuclear Regulatory Commission (NRC) environmental analysis (EA) on seven contentions and issuing a split ruling on one contention. Despite finding that the EA did not meet the required standards in one area, the ASLB declined to stop mining operations at the site. Crow Butte license expired several years ago, and the facility has been operating on a temporary license since 2007 pending the renewal process. The Oglala Sioux Tribe and several Consolidated Intervenors filed requests to be heard in the case in 2008 as they sought to have the mine license denied. The NRC renewed the mine license, but the ASLB must confirm that renewal and held hearings in Crawford last year to hear evidence from both sides. The ASLB issued a partial ruling on several matters in May, addressing what is known as Contention 1 related to the NRC consultation with the tribe and the identification of tribal cultural properties. That ruling also was split two in favor of the NRC and two in favor of the intervenors and directed the NRC to supplement the EA with additional analysis of possible traditional cultural properties around the mine. This month decision addressed all of the remaining contentions, finding the EA and the rest of the evidence record is adequate on most issues, but that the NRC failed to meet the requirements when determining the possible impact of any future land application of the mine wastewater (Contention 12B). Crow Butte Mine holds a land application permit for its wastewater from the Nebraska Department of Environmental Quality, but it lacks the infrastructure necessary to carry out land application at this time.