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November 12, 2019

Patricia A. Silva Chief, Materials Inspection Branch Division of Nuclear Materials Safety, Region IV 1600 East Lamar Blvd. Arlington, TX 76011-451 l

RE: Transfer of Control Application

Dear Ms. Silva:

Stillwater Mining Company dba as Slbanye-SHllwater

Business Address: PO Box 1330 • 536 E Pike Ave

Columbus• Montana• 59019 Heather.McDowell@sibanyestillwater.com

Tel + 1 406-322-87 43 Fax + 1 406-322-8831

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~ NOV 1 -3 2019 ~ DNMS

Please consider this Stillwater Mining Company's (the Company's) Transfer of Control Application. As addressed in its October 25, 2019 Reply to Notice of Violation and EA-19-085, it was the Company's belief that this Application had been previously submitted. Afterdiscussing by phone, further research indicated that had not occurred. Please consider this letter as the Application. Below are our responses to the categories of information listed in the attached Information Needed For Transfer of Control Application.

1. On May 4, 2017, Sibanye Gold Limited completed its acquisition of Stillwater Mining Company through a reverse triangular merger. Before this merger, Stillwater Mining Company held the license at issue. That did not change in the transaction with Sibanye Gold, Ltd., and Stillwater Mining Company still holds this license. Stillwater Mining Company now does business as "Sibanye-Stillwater," but the entity's legal name has not changed. The licensee name, mailing address, and contact information, including phone numbers, have not changed other than those unique to individuals now responsible for the license.

2. Jerek Depuydt became the license's RSO on June 13, 2019. He can be reached at Jerek.Depuydt@sibanyestillwater.com or 406.328.8682. Mr. Depuydt completed the RSO training on November 30, 2018. This change was made because the former RSO left the Company, and is unrelated to the transaction addressed above. No training, processes, or other changes occurred due to the transaction addressed above.

3. No changes have occurred as a result of the transaction addressed above.

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4. No changes have occurred as a result of the transaction addressed above, and there no known contamination. Calibrations are routinely completed on-site, and are unaffected by the transaction discussed above. Leak tests and wipe tests will continue at time intervals given in the SSDRs, and the RSO will continue to complete area surveys. As addressed in the NOV reply, vendor Qal-Tek will complete annual site audits and training . The RSO will continue to manage quality control and records, which Qa'i-Tek will check in its annual audit. The transaction addressed in Section 1, above, did not impact these procedures.

5. No 'such changes have occurred. 6. Because there is no change in the responsible entity, which continues to be

Stillwater Mining Company, this section appears inapplicable. 7. Because there is no change in the responsible entity, which continues to be

Stillwater Mining Company, this section appears inapplicable. 8. Because there is no change in the responsible entity, which continues to be

Stillwater Mining Company, this section appears inapplicable. 9. This section does not appear to apply.

Please let us know what else you may need to conclude this transfer of control issue for Stillwater Mining Company. Thank you for your attention to this matter.

~ Heather McDowell VP Legal, Environmental, and Government Affairs

Information Needed For Transfer of Control Application

Include a contact name and either U.S. Nuclear Regulatory Commission (NRC) regional office or Headquarters telephone numbers for follow-up information, as required.

NRC Region: Telephone: -~------

Definitions:

Contact: -----------­Fax: .,____,_ _____ _

Control: Control of a license is in the hands of the person or persons who are empowered to decide when and how that license will be used. That control is to be found in the person or persons who, because of ownership or authority explicitly delegated by the owners, possess the power to determine corporate policy and, thus, the direction of the activities under the license.

Transferee: A transferee is an entity that proposes to purchase or otherwise gain control of an NRG-licensed operation.

Transferor: A transferor is an NRC licensee selling or otherwise giving up control of a licensed operation.

Information Needed for Transfer of Control

Licensees must provide full information and obtain NRC's prior written consent before transferring control of the license. Provide the following information concerning changes of control by the applicant (transferor and/or transferee, as appropriate). If any items are not applicable, so state.

1. Describe any planned changes in the organization, including but not limited to, transfer of stocks or assets and mergers, change in members on Board of Directors, etc. Provide the new licensee name, mailing address, and contact information, including phone numbers. Clearly identify when the amendment request is due to a name change only.

2. Describe any changes in personnel or duties that relate to the licensed program. Include training and experience for new personnel and any changes in the training program.

3. Describe any changes in the location, facilities, equipment, radiation safety program, use, possession, waste management, or other procedures that relate to the licensed program.

4. Describe the status of the licensee's facilities, equipment, and radiation safety program, including any known contamination and whether decontamination will occur prior to transfer. Include the status of calibrations, leak tests, area surveys, wipe tests, training, quality control, and related records.

5. If current decommissioning funding plans (DFP) will be changed as a result of the transfer, the revised DFP should be submitted. If other financial assurance documents will be changed as a result of:the transfer, confirm that all financial assurance instruments associated with the license will be held in the transferee's name before the

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license is transferred, and as required by 1 O CFR 30.35(f), the licensee must, within 30 days, submit financial instruments reflecting such changes.

6. Confirm that all records concerning the safe and effective decommissioning of the facility will be transferred to the transferee or to NRC, as appropriate. These records include documentation of surveys of ambient radiation levels and fixed and/or removable contamination, including methods and sensitivity.

7. Confirm that both transferor and transferee agree to transferring control of the licensed material and activity, and the conditions of transfer, and that the transferee has been made aware of any open inspection items and its responsibility for possible resulting enforcement actions.

8. Confirm that the transferee will abide by all constraints, conditions, requirements, representations, and commitments of the transferor or that the transferee will submit a complete description of the proposed licensed program.

9. The transferee, in the case of fuel cycle facilities, shall provide documentation showing that it is financially qualified to conduct normal operations. The information can be in the form of income statements and balance sheet forecasts.

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Hill, Carol

From: Sent: To:

Bolger, Allyce Wednesday, November 13, 2019 11 :19 AM Hill, Carol

Subject: Attachments:

FW: RE: Sibanye-Stillwater Transfer of Control Application Transfer of Control Doc 11-11-19 Final.pdf; 4542_001 .pdf

I'll stop by to explain.

Al/pee c5?xJ!g-er Health Physicist NRC Region IV Division of Nuclear Material Safety

From: Silva, Patricia Sent: Tuesday, November 12, 2019 5:20 PM To: Bolger, Allyce <Allyce.Bolger@nrc.gov> Subject: FW: RE: Sibanye-Stillwater Transfer of Control Application

Allyce,

Please provide the response. I am at the management retreat on Wednesday.

From: Heather McDowell <Heather.McDowell@sibanyestillwater.com> Sent: Tuesday, November 12, 2019 5:10 PM To: Silva, Patricia <Patricia.Silva@nrc.gov> Subject: [External_Sender] RE: Sibanye-Stillwater Transfer of Control Application

Ms. Silva,

See the attached letter. Please let me know if you would also like us to submit this letter by standard mail. If so, let me know what address is best. Thank you.

Heather McDowell

VP Legal, Environmental, and Government Affairs • US Region Office: 406.373.8743 Cell: 406.598.0066 www.sibanyestillwater.com

1

From: Heather McDowell Sent: Monday, November 11, 2019 3:54 PM To: Silva, Patricia <Patricia.Silva@nrc.gov> Subject: Sibanye-Stillwater Transfer of Control Application

Dear Ms. Silva,

My apologies for the delay on sending this document. Our RSO was out of the office late last week, and I've just now received the file from him, and we will complete and send to you tomorrow. I just wanted to provide an update, as I had promised this late last week. Thank you.

Heather McDowell VP Legal, Environmental, and Government Affairs • US Region Office: 406.373.8743 Cell: 406.598.0066 www.sibanyestillwater.com

are on

CONFIDENTIAL CAUTION This e-mail, its attachments and any privileges/rights attaching hereto, are, unless the context obviously indicates otherwise, the property of Sibanye Gold Limited and/or its subsidiaries (collectively referred to as "Sibanye-Stillwater"). It is private, confidential and intended solely for the addressee. If you are not the intended recipient and receive this e-mail erroneously, kindly notify the sender, and delete this e-mail immediately and do not disclose or use same in any manner whatsoever. Any such unauthorized use is prohibited and may be unlawful.

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NRC FORM 532 <J>"""""'"'

U.S. NUCLEAR REGULATORY COMMISSION (05-2016)

l~~ • 0 ACKNOWLEDGEMENT - RECEIPT OF CORRESPONDENCE = • \ :J "'~ ...... Name and Address of Applicant and/or Licensee Date

I 11/13/2019 I

I License Number(s)

Jerek Depuydt, Radiation Safety Officer 25-26871-01 I Stillwater Mining Company

Mail Control Number(s ) 2562 Nye Road Nye, MT 59061 I 6 1 6 9 6 5 I

Licensing and/or Technical Reviewer or Branch

le. Hill I

This is to acknowledge receipt of your: 0 Letter and/or D Application Dated: 11/12/2019

The initial processing, which included an administrative review, has been performed.

0 Amendment D Termination D New License D Renewal

D There were no administrative omissions identified during our initial review.

D This is to acknowledge receipt of your application for renewal of the material(s) license identified above. Your application is deemed timely filed, and accordingly, the license will not expire until final action has been taken by this office.

D Your application for a new NRC license did not include your taxpayer identification number. Please complete and submit NRC Form 531, Request for Taxpayer Identification Number, located at the following link: httg://www.nrc.gov/reading-rm/dQ~-~Qllections/forms/nrc531.gdf

Follow the instructions on the form for submission.

D The following administrative omissions have been identified:

Your application has been assigned the above listed MAIL CONTROL NUMBER. When calling to inquire about this action, please refer to this control number. Your application has been forwarded to a technical reviewer. Please note that the technical review, which is normally completed within 180 days for a renewal application (90 days for all other requests), may identify additior.ial omissions or require additional information. If you have any questions concerning the processing of your application, our contact information is listed below:

Region IV U. 5. Nuclear Regulatory Commission DNMS/NMSB - B 1600 E. Lamar Boulevard Arlington, TX 76011-4511 (817) 200-1103 or (817) 200-1140

NRC FORM 532 (05-2016)

BETWEEN:

Accounts Receivable/Payable and

Regional Licensing Branches

[ FOR ARPS USE J INFORMATION FROM WBL

Program Code: 03120 Status Code: Pending Amendment Fee Category:3P Exp. Date: 11/30/2023 Fee Comments: Decom Fin Assur Reqd: N

License Fee Worksheet - License Fee Transmittal A.REGION

1. APPLICATION ATIACHED ApplicanULicensee: Stillwater Mining Company

Received Date: 11/13/2019 Docket Number: 3029751 Mail Control Number: 616965 License Number: 25--26871-01

Action Type: FIN Assurance

2. FEE ATIACHED

Amount:

Check No.:

3. COMMENTS

Signed:

Date:

B. LICENSE FEE MANAGEMENT BRANCH (Check when milestone 03 is entered / /

1. Fee Category and Amount: -----------------2. Correct Fee Paid. Application may be processed for·

Amendment:

Renewal:

License:

Signed:

Date:

1