Crow Butte Resources, Inc. (Marsland Expansion Area); Memorandum and Order (Order to Show Cause)

Document Headings Document headings vary by document type but may contain the following: the agency or agencies that issued and signed a document the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to the agency docket number / agency internal file number the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Nuclear Regulatory Commission [Docket No. 40-8943-MLA-2; ASLBP No. 13-926-01-MLA-BD01] Atomic Safety and Licensing Board Panel The Atomic Safety and Licensing Board hereby directs intervenor Oglala Sioux Tribe (OST) to show cause as to why this litigation should not be dismissed for want of prosecution. The locus of this case is a challenge by OST to a May 2012 application by Crow Butte Resources, Inc., (CBR) to amend CBR's existing 10 CFR part 40 source materials license to operate a satellite in situ uranium recovery facility on the Marsland Expansion Area (MEA) site. OST was admitted as an intervenor to this proceeding in May 2013, with the Licensing Board finding that OST had established standing and submitted two admissible contentions. See LBP-13-6, 77 NRC 253, 304-05 (2013), aff'd, CLI-14-02, 79 NRC 11, 14 (2014). Thereafter, in June 2013 CBR and the Nuclear Regulatory Commission (NRC) staff lodged appeals with the Commission contesting the Board's standing and contention admissibility determinations. See [CBR] Notice of Appeal of LBP-13-06 (June 4, 2013); NRC Staff's Notice of Appeal of LBP-13-6, Licensing Board's Order of May 10, 2013, and Accompanying Brief (June 4, 2013). Although OST filed no answer in response to the staff and CBR appeals, the Commission upheld the Board's standing and contention admissibility rulings. See CLI-14-02, 79 NRC at 14. OST's two admitted contentions challenged information provided by CBR in its environmental report (ER) document submi…