ML20151G653

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Advises That State of Tn Will Forgo Appearance at 880721 Prehearing Conference in Knoxville,Tn Based on Concerns Already or in Process of Being Addressed
ML20151G653
Person / Time
Site: 05000000, 05000603, 05000604
Issue date: 07/18/1988
From: Pearigen M
TENNESSEE, STATE OF
To: Margulies M
Atomic Safety and Licensing Board Panel
References
CON-#388-6769 CP, CP-OL, NUDOCS 8807290063
Download: ML20151G653 (2)


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ASS Cl TE CM EF DEPUTY j JENNIFER H. CMALL Jf 4RY L. SMITH AN DY D. S EN N ETT July 18, 1988 Mics4EL w. CAT 4L4No DAVID M. MIM M ELR Elf >M PERRY A. CRAFT Morton B. Margulies, Chairman Atomic Safety and ' Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: All Chemical Isotope Enrichment, Inc., AlChemIE Facility - 2, Oliver Springs, Tennessee, Docket No. 50-604 - d /

and All Chemical Isotope Enrichment, Inc., Centrifuge Demonstration Facility, Oak Ridge, Tennessee, Docket No. 50-603 c c

Dear Chairman Margulies:

On May 31, 1988, the State of Tennessee, on behalf of the Commissioner of the Tennessee Department of Health and Environment, filed a request to participate in the above-referenced proceedings as an interested state pursuant to 10 C.F.R. S 2.715(c) to address two (2) concerns. On June 7, 1988, the NRC staff f.iled a Response to the State's Request in which the NRC staff stated that it made no objection to the State's request and, indeed, welcomed the State's participation in the mandatory construction permit hearing phase of these proceedings. As of this date the State's request is pending before the NRC.

Subsequent to these filings, AlchemIE has provided information which has resolved the State's first concern, that being the possibility that the centrifuge machines proposed for use by AlchemIE might contain low levels of Uranium not subject to regulation by the Commission, but subject to regulation by the State. Further, AlchemIE is in the process of providing the State with information which may resolve the second concern raised by the State, that being that the process proposed by AlchemIE might have the potenti'l for enhancing naturally-occurring radioactive meterial as a product.

8807290063 seo71s PDR ADOCK 05000603 C PDR W' f

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Chairman Morton B. Margulies Page 2

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July 18, 1988 Inasmuch as the State's. concerns either have been or are in the process of being addressed, and the State may soon be in a position to either withdraw its request-to participate as an interested' state, or alternatively, may.have its concerns fully satisfied, we hereby respectfully request the Commission to defer considerationaof our request to participate as an interested state. Given the above developments, and after consultation with counsel for the NRC staff, Mr. Bordenick, we plan to forgo an appearance at the prehearing conference scheduled in this matter for July 21, 1988 at Knoxville, Tennessee. We will, of course, provide the Commission with

'further information as to the status of our interest as we

' receive information from the applicant.

Sincerely yours,

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' MICHAEL D. PEARIGEN(

Deputy Attorney General MDP:dmm xc: Parties Listed on Certificate of Service

David L. Harbin
Charles P. West

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