ML20043A893
| ML20043A893 | |
| Person / Time | |
|---|---|
| Site: | 05000603, 05000604 |
| Issue date: | 05/17/1990 |
| From: | Swift J NRC |
| To: | |
| Shared Package | |
| ML20043A687 | List: |
| References | |
| 89-596-01-OM-SC, 89-596-1-OM-SC, OM-SC, NUDOCS 9005230247 | |
| Download: ML20043A893 (5) | |
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n UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'90 MAY 21 A8 :25 BEFORE THE ATOMIC SAFETY AND LICENSING BOARD g
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!wchnitjcgf VICf In the Matter of
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Docket Nos. 50-603-0M/SC ALL CHE R AL IS0 TOPE ENRICHMENT, 50-604-0M/SC INC.
ASLBP No. 89-596-01-0M/SC (AlChemIE Facility-1 CPDF and AlChemIE Facility-2 Oliver Springs)
AFFIDAVIT OF DR. JERRY J. SWIFT IN SUPP0PT OF NRC STAFF MOTION
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SUMMARY
DISPOSITION AND DISMISSAL OF PROCEEDING Dr. Jerry J. Swift, first being duly sworn, deposes and states 1.
My name is Jerry J. Swift.
I am employed by the U.S. Nuclear Regulatory Commission as Section Leader of the Advanced Fuel and Special Facilities Section of the Fuel Cycle Safety Branch, in the Division of Industrial and Medical Nuclear Safety, in the Office of Nuclear Materials Safety and Safeguards.
I am also Project Manager for the All Chemical Isotope Enrichment, Inc. (AlChemIE) licenses.
I received a Ph.D. degree in Nuclear Engineering in 1971, anJ I have worked in radiological protection since 1966.
A statement of my prdfessh'nal qualifications is attached hereto.
2.
The facts set out in Part II.,
Background, of the Staff's Motion for Summary Dispositiori and Termination of Proceeding are true and correct to the best of my knowledge and belief.
3.
A.
Based upon correspondencc received by the Staff, I am aware of the fact that the Licensee's creditors have successfully converted the reorganization of AlChemIE, (under CSapter 11 of 11 USC) which A1ChemIE had sought in the United State. :mkrupt.cy Court for the Eastern District of 0
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. Tennessee Case lio. 89-01095RS-11A) to a liqu'idation proceeding to d'ispote of~
A1 Chem 1E's assets, under. Chapter 7 of 11 tiSC (Cace No. 3-89-01695).. This fact, in and of:itself, reconfirmsithe: finding made by.theiStaff in the August 18, 1989, Order (at page 3) that AlChemIE has not'and cannat demonstrateIthat it'is-financially qualified to conduct-the activities f
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. authorized underLits construction permitt. Nor, underi the ' circumstances - can:
I reaso~nubly expect thatfit will be able-to do so in future, s
B.
As a result of the Chapter 7c cankruptcy proceeding, a windup.~of the Licensee's affairs and a sale of its assets has been turned over to a Trustee' i
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a in Bankruptcy..who is in the process of liquidating the Licensee's assets.
4.
As evidenced.by a letter " dated February 8,'1990',;ftom the U,S.
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Department of' Energy (DOE), DOE has reconfirmed its August ~11,-1989,' letter l
to the Licensee wherein DOE advised the Licensee that the Sales Agreement, d
(Contract: No. DE-R005-880R21776, entitled " Centrifuge Equipmen't Agreement and 1
Billof1 Sale,")datedNuvember 20, 1987, between DOE and the' Licensee for, inter alia, transfer to. the Licensee o.f gas c' ntrifuge machines at-DOE's Gas -
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Centrifuge Enrichment Plant, was to expire on-August 15,7 1989,'and would'not~
be extended by DOER DOE indicated that~ its decision not to extend the Sales Agreement was " based substantially on the' continuing failure of AlchemIE to meet contractual commitments to the DOE, and the clear indication.'that Licensee is in no position now or in the forseeabib future to meet those
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commitments."
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5.
The ' DOE access permit to.all. DOE technology regarding:all GCEP.techno-logy expired on'tiarch 10, 1990.
6.
Thus, as a result of DOE's actions, the Staff's finding made.in:the i
August 18, 1989,. Order (at page 4) is-uncontroverted. This finding' stated that h
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.....theissuanceofithe. construction'permitsto[theLicensee) was based on the. licensee taking possession;of the classified gas 4
centrifuge equipment under the terms of the' Sales Agreement.
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[The Licenseel has-failed to take possession of the equipment and; based upon DOE's. decision not.to extend the said Sales Ag'reement, D
ihas no further opportunity. to take possession'of'said equipment.-
Without possession of the. gas centrifuge machines, the projected o
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' activities for which A1ChemIE sought licenses:cannot occur.'- Thus,-
..there.is no longer any purpose for' Construction Prsrmits: CPEP-It and.
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7.- If.the above-described events had occured'.at.or during the Staff's review of the construction permit applications, the Staff.would not.
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have recommended issuance.of said permits, i
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'8.
The matters stated above'are true"and: correct to theLbest:of n1y.:
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-knowledge and_beliefe E
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D Jery/J. Swif t/
Subscribed.and sworn to before i
me this//$' day of May,1990 j
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Jerry J. Swift PROFESSIONAL QUALIFICATIONS I am employed in the Fuel Cycle Safety Branch, Division of Industrial and Medical Nuclear Safety Office of Nuclear Materials Safety and Safeguards, U.S.
Nuclear Regulatory Comission (NRC). My position is Section Leader, Advanced Fuel and Special Facilities Section.
The business of my Section is primarily the licensing and regulation of commercial enrichment facilities and of source and special nuclear material licensees other than those which fabricate nuclear i
reactor fuel or prepare uranium hexafluoride from yellowc d e.
Licensees in L
these last two groups are regulated by the P.anium Fuel Section for which I was Section Laader during most of FY 1988.
From April 1987 to August 1987, I was employed in the Radiation Protection Branch, Office of Nuclear Reactor Regulation with radlological aspects of nuclear power p, ant operations.NRC as a health physicist l
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From 1985 to 1987, I was em)1oyed in the Reliability and Rf sk Assessnent Branch of the U.S. Nuclear tegulatory Commission, as a Reliability a7d Risk Analyst.
Much of my work during this period concerned the January /,1986 accidental release of uranium hexafluoride in Oklahoma and the April 26, 1986 accident at the Soviet Chernobyl plant.
From 1984 to 1985, I was employed in the Radiological Assessment Branch of the U.S. Nuclear Regulatory Consnission, primarily in evaluation of environmental radiological impacts of nuclear power plants operations.
From 1982 to 1984, I was employed in the Clinch River Breeder Reactor Program Office of the U.S. Nuclear Regulatory Comission, primarily evaluating potential accident sequences which could lead to radiological consequences.
2 From 1980 to 1982 I worked at the U.S. Department of Energy on the environmental, health and safety aspects of a variety of nuclear technologies, including fusion devices accelerators, transportation, waste management, sewage s udge irradiation and enrichment technologies.
From 1972 to 1980 I was employed in the Office of Radiation Programs of the U.S. Environmental Protection Agency, as a Nuclear Engineer and Environmental Engineer.
During this period, I was involved in evaluating the potential radiation doses and radioactive contamination of the environment that might result from sevare reactor accidents, with application to the development of Protective Action Guides.
I was also involved in the evaluation of normal I
operating releases from nuclear fuel cycle facilities in support of the development of 40 CFR 190 " Environmental Radiation Protection Standards for Nuclear Power Operations." I assi ted in development work for standards and guidance by EPA on management of hiah level wastes and uranium mill tailings.
I aided EPA's participation in nuclear policy reviews by Presidents Ford and Carter.
I managed EPA's lengthy review of the Reactor Safety Study, WASH-1400.
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m Froac 1970-to 1972.JI--held ai >osition~ as Physicist:1n the. Institute furn a
Reaktorsicherheit,-(now theusesellsenaft' fur Reaktorsicherheit abH) in.
Colo the gne, Germany; in this position I was primarily concerned with evaluating nature and: quantities of radioactive materials that.might be: released,in postulated l nuclear, reactor accidents, and the.resulting'rediation doses that
. might be experienced.7 !!: was also involvedLin evaluating siting-conditions.
While a graduate student atithe Catholic! niversity of America',:from 1966~to' U
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' :1970. I held!the position:of Assistant. University Radiological: Safety; Official, performing; health phyiies _ functions'throughout much of:the University.
I, received the degree.of.Geologica1' Engineer from the Colorado School of Mines-in 1955.sa Master of Science de University in 1965, and a Ph.D.greelin Nue'iec' Engineering from Iowa Statet degree in Nuclear Engineering from the
-Catholic University of American Washingtot 7,C.Lin 971..I have current certification'in Health Physics-from the. Mar !.:an Board:of Health:PS !"esi Y