ATOMIC SAFETY AND LICENSING BOARD HEARING FILE
Legal briefs, motions, exhibits, and orders filed in the NRC's ongoing evidentiary hearing process, a process that Powertech failed to disclose to investors for nearly four years
Updated May 28, 2015 (Previous update: May 1, 2015)
NOTE: Not all documents are posted on this site. To view the official exhibits, and documents posted prior to June 2014, please go to http://adams.nrc.gov/wba/. On the Advanced Search tab, enter the following search parameters: Property = Docket Number, Operator = starts with, Value = 04009075. Then sort by Date Added or Document Date for the most recent documents.
| Doc Date | Filed By | Title | ADAMS Accession Number | Pages | Link |
| May 26, 2015 | Oglala Sioux Tribe | OGLALA SIOUX TRIBE’S PETITION FOR REVIEW OF LPB-15-16 AND DECISIONS FINDING TRIBAL CONTENTIONS INADMISSIBLE | ML15146A500 | 29 | |
| May 26, 2015 | Consolidated Intervenors | CONSOLIDATED INTERVENORS’ PETITION FOR REVIEW OF LBP 15-16 (THIS DOCUMENT HAS NOT BEEN POSTED ON ADAMS) | 10 | ||
| May 26, 2015 | Powertech | BRIEF OF POWERTECH (USA), INC. PETITION FOR REVIEW OF LBP-15-16 | ML15146A494 | 26 | |
| May 26, 2015 | NRC Staff | NRC STAFF’S PETITION FOR REVIEW OF LBP-15-16 | ML15146A499 | 28 | |
| April 30, 2015 | ASLB Judges | MEMORANDUM AND ORDER (Providing Parties’ Proposed Questions for the Official Record) | ML15120A308 | 110 | |
| April 30, 2015 | ASLB Judges | PARTIAL INITIAL DECISION | ML15120A299 | 120 | |
| March 9, 2015 | ASLB Judges | NOTICE (Regarding Expected Issuance of Initial Decision) | ML15068A281 | 4 | |
| January 29, 2015 | Oglala Sioux Tribe | Oglala Sioux Tribe’s Post-Hearing Reply Brief | ML15030A068 | 23 | |
| January 29, 2015 | Powertech |
POWERTECH (USA), INC’S REPLY TO PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW |
ML15029A708 | 107 | |
| January 29, 2015 | NRC Staff | NRC STAFF’S REPLY BRIEF | ML15030A066 | 45 | |
| January 14, 2015 | ASLB Judges | NOTICE (Pursuant to 10 C.F.R. § 2.309(j)(1)) | ML15014A205 | 4 | |
| January 12, 2015 | ASLB Judges | ORDER (Ruling on Confidentiality of Exhibits OST-029 through OST-041) | ML15012A372 | 9 | |
| January 9, 2015 | Oglala Sioux Tribe | Oglala Sioux Tribe’s Post-Hearing Initial Brief with Findings of Fact and Conclusions of Law | ML15010A048 | 81 | |
| January 9, 2015 | Consolidated Intervenors | CONSOLIDATED INTERVENORS’ PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND RESPONSE TO POST-HEARING ORDER (THIS DOCUMENT HAS NOT BEEN POSTED ON ADAMS) | 59 | ||
| January 9, 2015 | Powertech | POWERTECH (USA), INC’S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW | ML15010A044 | 159 | |
| January 9, 2015 | NRC Staff | NRC STAFF’S RESPONSE TO POST-HEARING ORDER | ML15010A046 | 37 | |
| January 9, 2015 | NRC Staff | NRC STAFF’S PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW | ML15010A047 | 60 | |
| November 21, 2014 | Oglala Sioux Tribe | WRITTEN SUPPLEMENTAL TESTIMONY OF DR. HANNAN LAGARRY (ACCESS TO THIS DOCUMENT HAS BEEN RESTRICTED BY NRC STAFF) | ML14325A866 | 6 | |
| December 19, 2014 | Oglala Sioux Tribe | Oglala Sioux Tribe’s Memorandum of Law in Response to the Board’s December 9, 2014 Order Regarding Public Disclosure of Admitted Testimony and Exhibits | ML14353A467 | 14 | |
| December 19, 2014 | Powertech |
POWERTECH (USA), INC. RESPONSE TO THE ATOMIC SAFETY AND LICENSING BOARD’S REQUEST FOR ARGUMENT ON POTENTIAL NON-PUBLIC STATUS OF OGLALA SIOUX TRIBE’S EXHIBITS |
ML14353A455 | 8 | |
| December 19, 2014 | NRC Staff | NRC STAFF’S RESPONSE TO BOARD’S DECEMBER 10, 2014 ORDER | ML14353A353 | 9 | |
| December 10, 2014 | ASLB Judges | ORDER (Admitting Additional Exhibits, Closing the Record on Contention 3 and Setting Briefing Dates) | ML14344A620 | 8 | |
| December 4, 2014 | Powertech | POWERTECH (USA), INC. RESPONSE TO THE OGLALA SIOUX TRIBE’S NOVEMBER 21, 2014, MOTION TO ADMIT ADDITIONAL TESTIMONY AND EXHIBITS | ML14338A904 | 11 | |
| December 2, 2014 | NRC Staff | NRC STAFF’S RESPONSE TO OGLALA SIOUX TRIBE’S MOTION TO ADMIT NEW CONTENTIONS | ML14336A673 | 11 | |
| December 2, 2014 | Powertech | POWERTECH (USA), INC. RESPONSE TO THE OGLALA SIOUX TRIBE MOTION FOR LEAVE TO SUBMIT NEW OR AMENDED CONTENTIONS | ML14336A697 | 17 | |
| November 26, 2014 | ASLB Judges | ORDER (Granting Unopposed Motion for Extension of Time and Clarifying Filing Dates) | ML14330A357 | 4 | |
| November 25, 2014 | NRC Staff & Powertech | JOINT MOTION FOR EXTENSION OF TIME AND CLARIFICATION OF FILING DEADLINES | ML14329A445 | 3 | |
| November 21, 2014 | Oglala Sioux Tribe | OGLALA SIOUX TRIBE MOTION TO ADMIT ADDITIONAL TESTIMONY AND EXHIBITS | ML14325A853 | 5 | |
| November 13, 2014 | ASLB Judges | ORDER (Admitting New Exhibits and Closing the Evidentiary Record on Contentions 1A, 1B, 2, 4, 6 and 9) | ML14317A241 | 9 | |
| November 7, 2014 | Oglala Sioux Tribe | OGLALA SIOUX TRIBE UNOPPOSED MOTION TO ADMIT ADDITIONAL EXHIBITS | ML14311A926 | 5 | |
| November 7, 2014 | Oglala Sioux Tribe | MOTION FOR LEAVE TO FILE NEW OR AMENDED CONTENTION ON BEHALF OF THE OGLALA SIOUX TRIBE | ML14311B009 | 16 | |
| November 5, 2014 | Oglala Sioux Tribe & Consolidated Intervenors | SUPPLEMENTAL DECLARATION OF DR. HANNAN LAGARRY | ML14311B006 | 4 | |
| November 4, 2014 | NRC Staff | NRC STAFF’S RESPONSE TO OGLALA SIOUX TRIBE’S MOTION FOR LEAVE TO SUBMIT REPLY BRIEF | ML14308A316 | 5 | |
| November 1, 2014 | Oglala Sioux Tribe | REPLY TO NRC STAFF AND POWERTECH RESPONSES TO MOTION TO ADMIT ADDITIONAL EXHIBITS FILED ON BEHALF OF THE OGLALA SIOUX TRIBE | ML14305A028 | 8 | |
| October 30, 2014 | Oglala Sioux Tribe | MOTION FOR LEAVE TO FILE A REPLY TO NRC STAFF AND POWERTECH RESPONSES TO MOTION TO ADMIT ADDITIONAL EXHIBITS FILED ON BEHALF OF THE OGLALA SIOUX TRIBE | ML14303A389 | 5 | |
| October 24, 2014 | Powertech |
POWERTECH (USA), INC. RESPONSE TO OGLALA SIOUX TRIBE AND NRC STAFF SUPPLEMENTAL TESTIMONY AND EXHIBITS |
ML14297A595 | 11 | |
| October 24, 2014 | Powertech | Powertech (USA) Inc. Hearing Exhibits | ML14297A593 | 10 | |
| October 24, 2014 | NRC Staff | NRC STAFF’S RESPONSIVE TESTIMONY | ML14297A558 | 10 | |
| October 24, 2014 | NRC Staff | NRC STAFF’S RESPONSE TO OGLALA SIOUX TRIBE’S MOTION TO ADMIT ADDITIONAL EXHIBITS | ML14297A557 | 4 | |
| October 24, 2014 | NRC Staff | NRC STAFF’S MOTION TO ADMIT EXHIBIT NRC-171-R | ML14297A561 | 2 | |
| October 24, 2014 | NRC Staff | NRC Staff Hearing Exhibits | ML14297A556 | 26 | |
| October 24, 2014 | Powertech | CV - Frank Lichnovsky, Chief Geologist | ML14297A596 | 1 | |
| October 24, 2014 | NRC Staff | Exhibit NRC-171-R Locations of Drill Holes and Suspected Sinkhole | ML14297A562 | 1 | |
| October 24, 2014 | Powertech | ANSWERING TESTIMONY REGARDING NRC STAFF’S ANALYSIS OF TVA WELL LOG DATA | ML14297A594 | 7 | |
| October 22, 2014 | ASLB Judges | ORDER (Granting in Part Motion to Extend Deadline) | ML14295A420 | 10 | |
| October 16, 2014 | NRC Staff | NRC STAFF’S RESPONSE TO REQUEST FOR EXTENSION OF TIME | ML14289A504 | 7 | |
| October 14, 2014 | Oglala Sioux Tribe | OGLALA SIOUX TRIBE MOTION TO ADMIT ADDITIONAL EXHIBITS | ML14287A830 | 5 | |
| October 14, 2014 | NRC Staff | NRC STAFF’S MOTION TO ADMIT TESTIMONY AND EXHIBITS ADDRESSING POWERTECH’S SEPTEMBER 14, 2014 DISCLOSURES | ML14287A821 | 2 | |
| October 14, 2014 | NRC Staff | SUPPLEMENTAL TESTIMONY REGARDING NRC STAFF’S ANALYIS OF TVA WELL LOG DATA | ML14287A806 | 21 | |
| October 14, 2014 | NRC Staff | SUPPLEMENTAL TESTIMONY ON THE U.S. BUREAU OF LAND MANAGEMENT LETTER, TAKE PERMIT APPLICATION, AND DRAFT AVIAN MANAGEMENT PLAN | ML14287A819 | 17 | |
| October 14, 2014 | NRC Staff | AFFIDAVIT OF THOMAS LANCASTER CONCERNING NON-PUBLIC EXHIBITS | ML14287A810 | 3 | |
| October 14, 2014 | NRC Staff | NRC Staff Hearing Exhibits | ML14287A823 | 26 | |
| October 14, 2014 | NRC Staff | CERTIFICATE OF SERVICE | ML14287A824 | 1 | |
| October 14, 2014 | Powertech |
POWERTECH (USA), INC.’S RESPONSE TO CONSOLIDATED INTERVENORS AND OGLALA SIOUX TRIBE MOTION FOR EXTENSION OF TIME |
ML14287A725 | 13 | |
| October 14, 2014 | Powertech | AFFIDAVIT of Frank Lichnovsky | ML14287A726 | 2 | |
| October 14, 2014 | Powertech | AFFIDAVIT of Elizabeth A. Scheinost | ML14287A724 | 2 | |
| October 10, 2014 | Oglala Sioux Tribe | Exhibit OST-027 - Email from U.S. Fish & Wildlife Service to Powertech requesting additional information for eagle take permit application | ML14311A928 | 3 | |
| October 9, 2014 | Oglala Sioux Tribe & Consolidated Intervenors | DECLARATION OF DR. HANNAN LAGARRY | ML14282A870 | 3 | |
| October 9, 2014 | Oglala Sioux Tribe & Consolidated Intervenors | Oglala Sioux Tribe and Consolidated Intervenors’ Motion to Extend Deadline for Submission of Testimony and Amend or File New Contentions | ML14282A869 | 9 | |
| October 9, 2014 | ASLB Judges | ORDER (Requiring Status Report on Outstanding Mandatory Disclosures) | ML14282A277 | 5 | |
| October 9, 2014 | Oglala Sioux Tribe | Exhibit OST-028 - Powertech's Fifth Annual Report to the South Dakota State Historical Society Pursuant to September 15, 2008 Memorandum of Agreement (MOA) | ML14311A927 | 2 | |
| September 11, 2014 | Powertech | JOINT MOTION TO AMEND PROTECTIVE ORDER TO INCLUDE DOCUMENTS TO BE DISCLOSED UNDER SEPTEMBER 10, 2014 LICENSING BOARD ORDER | ML14254A503 | 3 | |
| September 8, 2014 | ASLB Judges | POST HEARING ORDER | ML14251A377 | 22 | |
| September 2, 2014 | Powertech | POWERTECH (USA), INC. MOTION FOR RECONSIDERATION OF THE LICENSING BOARD’S AUGUST 20, 2014 RULING ON RELEVANCY FOR MANDATORY DISCLOSURES | ML14245A650 | 9 | |
| August 26, 2014 | Powertech | POWERTECH (USA), INC. RESPONSE TO OGLALA SIOUX TRIBE’S MOTION FOR MANDATORY DISCLOSURES | ML14239A135 | 8 | |
| August 26, 2014 | Powertech | Affidavit of John Mays, Chief Operating Officer | not posted | 4 | |
| August 26, 2014 | NRC Staff | NRC STAFF’S RESPONSE TO OGLALA SIOUX TRIBE’S AUGUST 16, 2014 MOTION | ML14238A504 | 3 | |
| August 21, 2014 | ASLB Judges | Official Transcript of Proceedings - Hearing In the Matter of: POWERTECH USA, INC. (Dewey-Burdock In Situ Uranium Recovery Facility) | ML14238A184 | 193 | |
| August 20, 2014 | ASLB Judges | Official Transcript of Proceedings - Hearing In the Matter of: POWERTECH USA, INC. (Dewey-Burdock In Situ Uranium Recovery Facility) | ML14237A336 | 285 | |
| August 19, 2014 | ASLB Judges | Official Transcript of Proceedings - Hearing In the Matter of: POWERTECH USA, INC. (Dewey-Burdock In Situ Uranium Recovery Facility) | ML14234A449 | 264 | |
| August 18, 2014 | ASLB Judges | Official Transcript of Proceedings - Limited-Appearance Hearing Evening Session | ML14234A067 | 124 | |
| August 18, 2014 | ASLB Judges | Official Transcript of Proceedings - Limited-Appearance Hearing Morning Session | ML14234A068 | 118 | |
| August 11, 2014 | Oglala Sioux Tribe | POWERTECH URANIUM CORP. MANAGEMENT DISCUSSION AND ANALYSIS | ML14228A105 | 43 | |
| August 16, 2014 | Oglala Sioux Tribe | Oglala Sioux Tribe’s Motion to Enforce Mandatory Disclosure Duties Under 10 C.F.R. § 2.336 | ML14228A106 | 9 | |
| August 12, 2014 | Oglala Sioux Tribe | Oglala Sioux Tribe’s Response to the Board’s August 8, 2014 Order | ML14224A676 | 10 | |
| August 12, 2014 | Consolidated Intervenors | CONSOLIDATED INTERVENORS’ MEMORANDUM REGARDING POWERTECH’S NEWLY PURCHASED TVA DRILLING LOGS AND DATA FOR THE DEWEY-BURDOCK SITES | ML14225A134 | 19 | |
| August 12, 2014 | Powertech | POWERTECH (USA), INC.’S RESPONSE TO LICENSING BOARD ORDER REGARDING DATA DISCLOSURE | ML14224A648 | 8 | |
| August 12, 2014 | Powertech | AFFIDAVIT OF RICHARD CLEMENT REGARDING DATA ACQUIRED AND YET TO BE ACQUIRED FROM ENERGY FUELS RESOURCES (USA) Inc. | ML14224A647 | 6 | |
| August 12, 2014 | NRC Staff | NRC STAFF’S RESPONSE TO BOARD’S AUGUST 8, 2014 ORDER | ML14224A672 | 7 | |
| August 8, 2014 | ASLB Judges | ORDER (Directing Parties to File Legal Memoranda on Newly Acquired Powertech Data) | ML14220A273 | 4 | |
| August 7, 2014 | Oglala Sioux Tribe | Exhibit OST-020 - email from Chris Pugsley regarding August 6, 2014 Order regarding Exhibit OST-019 and disclosure of data identified in the exhibit | ML14224A675 | 3 | |
| August 6, 2014 | ASLB Judges | ORDER (Question Following Prehearing Hearing Conference) | ML14218A743 | 7 | |
| August 5, 2014 | ASLB Judges | Official Transcript of Proceedings - August 5, 2014 teleconference | ML14219A165 | 55 | |
| August 1, 2014 | ASLB Judges | ORDER (Ruling on Motions in Limine: Motions to Strike and for Cross-Examination) | ML14213A352 | 15 | |
| July 31, 2014 | ASLB Judges | ORDER (Scheduling Telephonic Prehearing Conference Call) | ML14212A363 | 4 | |
| July 31, 2014 | ASLB Judges | NOTICE (Regarding Weapons at Atomic Safety and Licensing Board Proceedings) | ML14212A709 | 3 | |
| July 29, 2014 | Oglala Sioux Tribe | Oglala Sioux Tribe’s Consolidated Response to Powertech and NRC Staff Motions in Limine and Strike/Exclude | ML14210A674 | 8 | |
| July 29, 2014 | Consolidated Intervenors | CONSOLIDATED INTERVENORS’ RESPONSE TO POWERTECH AND NRC STAFF MOTIONS IN LIMINE AND TO STRIKE/EXCLUDE | ML14211A215 | 13 | |
| July 29, 2014 | NRC Staff | NRC STAFF’S RESPONSE TO PREHEARING MOTIONS | ML14210A671 | 15 | |
| July 29, 2014 | Powertech | POWERTECH (USA), INC. RESPONSE TO NRC STAFF’S, CONSOLIDATED INTERVENORS’, AND THE OGLALA SIOUX TRIBE’S MOTIONS IN LIMINE, MOTION FOR CROSS-EXAMINATION, AND MOTION TO STRIKE/EXCLUDE | ML14210A672 | 16 | |
| July 22, 2014 | Oglala Sioux Tribe | Oglala Sioux Tribe’s Cross Examination Motion | ML14203A674 | 6 | |
| July 22, 2014 | Oglala Sioux Tribe | Oglala Sioux Tribe’s Motion to Strike | ML14203A676 | 6 | |
| July 22, 2014 | Oglala Sioux Tribe | Exhibit OST-019 - July 16, 2014 Powertech news release | ML14203A673 | 2 | |
| July 22, 2014 | Consolidated Intervenors | CONSOLIDATED INTERVENORS’ MOTION IN LIMINE | 8 | ||
| July 22, 2014 | NRC Staff | NRC STAFF’S MOTION IN LIMINE | ML14203A657 | 13 | |
| July 22, 2014 | Powertech | POWERTECH (USA),
INC. MOTIONS IN LIMINE, MOTION FOR CROSSEXAMINATION, AND MOTION TO STRIKE/EXCLUDE |
ML14203A672 | 17 | |
| July 17, 2014 | Powertech | POWERTECH (USA), INC. NOTICE OF ERRATA FOR REBUTTAL STATEMENT OF POSITION | ML14198A650 | 3 | |
| July 16, 2014 | ASLB Judges | NOTICE OF EVIDENTIARY HEARING | ML14197A315 | 8 | |
| July 16, 2014 | ASLB Judges | ORDER (Rejecting Filings, Directing Compliance with Case Management Order and Providing Opportunity for Resubmission of Rejected Materials) | ML14197A578 | 6 | |
| July 15, 2014 | Consolidated Intervenors | REBUTTAL WRITTEN TESTIMONY OF DR. HANNAN LAGARRY | ML14197A376 | 4 | |
| July 15, 2014 | Consolidated Intervenors |
EXPERT OPINION REGARDING THE PROPOSED
DEWEY-BURDOCK PROJECT ISL MINE NEAR EDGEMONT, SOUTH DAKOTA - Hannan E. LaGarry, Ph. D. |
ML14197A377 | 6 | |
| July 15, 2014 | Oglala Sioux Tribe | Oglala Sioux Tribe’s Rebuttal Statement | ML14197A000 | 39 | |
| July 15, 2014 | Powertech | POWERTECH (USA), INC. REBUTTAL OF CONSOLIDATED INTERVENORS AND OGLALA SIOUX TRIBE INITIAL STATEMENTS OF POSITION | ML14196A563 | 50 | |
| July 15, 2014 | Powertech | Powertech (USA) Inc. Hearing Exhibits | ML14196A570 | 10 | |
| July 15, 2014 | NRC Staff | NRC STAFF’S REBUTTAL STATEMENT OF POSITION | ML14196A577 | 25 | |
| July 15, 2014 | Consolidated Intervenors | REBUTTAL TO OPENING POSITIONS OF APPLICANT AND NRC STAFF | 3 | ||
| July 15, 2014 | ASLB Judges | ORDER (Granting Request to Withdraw and Motion to Dismiss Contentions 14A and 14B) | ML14196A353 | 4 | |
| July 15, 2014 | Powertech | ANSWERING TESTIMONY OF DOYL FRITZ | ML14196A562 | 9 | |
| July 3, 2014 | ASLB Judges | NOTICE (Of Opportunity To Make Oral And Written Limited Appearance Statements) | ML14184B095 | 10 | |
| June 20, 2014 | Oglala Sioux Tribe | Oglala Sioux Tribe’s Statement of Position on Contentions | ML14171A776 | 43 | |
| June 20, 2014 | Oglala Sioux Tribe | Oglala Sioux Tribe Hearing Exhibits | 2 | ||
| June 2, 2014 | ASLB Judges | ORDER (Providing Case Management Information) | ML14153A605 | 9 | |
| June 2, 2014 | Powertech | Disclosure Documents; Non-Protected | ML14153A702 | 8 | |
| June 2, 2014 | ASLB Judges | ORDER (Denying Motions for Summary Disposition) | ML14153A615 | 10 | |