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Bear Creek

1.0 Site Identification

Location: Rock Springs, WY
License No.: SUA-1310
Docket No.: 40-8452
License Status: Possession Only License
Project Manager: Tom McLaughlin

2.0 Site Status Summary

The decommissioning and reclamation of the Bear Creek Uranium Mill, including the mill tailings impoundment, was completed in November 1999. The tailings impoundment contains 4.7 million tons of uranium ore tailings and covers an area of approximately 101 acres. The staff performed a final "closeout" inspection of the completed reclamation construction activities in July 2000. The staff completed its review of the Bear Creek Tailings Reclamation Construction Report in July 2001 with the conclusion that reclamation of the Bear Creek tailings impoundment was completed in accordance the requirements of 10 CFR Part 40, Appendix A, and the licensee?s approved Tailings Reclamation Plan. At the Bear Creek site, the State of Wyoming owns both the surface estate (where the tailings impoundment is located) and the subsurface estate with the contained mineral rights. The licensee purchased the surface estate from the State in January 2003 and is currently negotiating with the State to acquire the subsurface estate. Following the successful acquisition of the subsurface estate, the licensee can prepare the necessary papers to turn over ownership of the site to the DOE for long-term custody and subsequent termination of its NRC license. The cost for decommissioning is estimated to be approximately $900,000.

3.0 Major Technical or Regulatory Issues

There is one major regulatory issue at the Bear Creek site that must be addressed as part of the license termination process. That issue relates to the current State ownership of the subsurface estate at the site. If the State does not divest itself of ownership of the subsurface estate, the State will become the long-term custodian for those interests. However, the State has previously expressed its disinterest in becoming the long-term custodian for any Title ll (Uranium Mill Tailings Radiation Control Act [UMTRA] of 1978, as amended) site in Wyoming. Accordingly, licensee and State representatives are currently negotiating an exchange of mineral interests (the subsurface estate) so that the licensee can acquire ownership of the entire Bear Creek site, including the subsurface interests. License termination is pending (a) a successful exchange of mineral estates between the licensee and the State, (b) transfer of the Bear Creek site property by the licensee to the DOE, (c) payment of the long-term surveillance fee by the licensee, and (d) NRC approval of the LTSP currently being prepared by the DOE. However, the licensee has sent NRC a Notice of Intent to sell part of its property. This will cause a delay in the license termination. A decision to sell part of the property or proceed with the land transfer will be made by the end of March 2008.

4.0 Estimated Date For Closure

09/01/2010



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Monday, April 14, 2008