ML20151W587

Forwards NRC to Applicant Requesting Addl Info for NRC Financial Qualification Review & State of Tn Requesting to Participate in Proceedings

ML20151W587
Person / Time
Site:	05000000, 05000603, 05000604
Issue date:	08/17/1988
From:	Bordenick B NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Luebke E, Margulies M, Paris O Atomic Safety and Licensing Board Panel
References
CON-#388-6958 88-570-01-CP-OL, 88-570-1-CP-OL, 88-571-01-CP, 88-571-1-CP, CP, CP-OL, NUDOCS 8808250040
Download: ML20151W587 (5)

Text

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.yf o UNITED STATES

'g y g NUCLEAR REGULATORY COMMISSION 00LKETED WASHINGTON, D. C. 20555 TzNRC

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• • • • • '88 E 23 P3 :48 cry r s Morton B. Ma_rgulies, Chairman Dr. Oscar H. Paris coclD M ,n.r Administrative Judge Administrative Judge n W" Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Cennission Washington, D.C. 20555 Washington, D.C. 20555 Dr. Emmeth A. Luebke Administrative Judge 5500 Friendship Boulevard, Apt. 1923N Chevy Chase, Maryland 20815 In the Matter of ALL CHEMICAL IS0 TOPE ENRICHMENT INC.

(AlChemIE Facility-1 CPDF)

Docket No. 50-603-CP/0L; ASLBP No. 88-570-01-CP/0L and In the Matter of ALL CHEMICAL IS0 TOPE ENRICHMENT INC.

(AlChemIE Facility-2 Oliver Springs)

Docket No. 50-604-CP; ASLBP No. 88-571-01-CP

Dear Administrative Judges:

Enclosed is a copy of a letter dated August 15, 1988 from the NRC staf f to Applicant. Staff's letter requests additional information related to the Staff's financial qualification review. I am unable to state, at this time, whether or not the request for additional information will substantially delay completion of the staff review regarding applicant's financial qualifications.

In any event, the staff is moving towards issuance of its documents related to the balance of its review within the time frame specified at the special prehearing conference held in these matters on July 21, 1987, in Knoxville, Tennessee. (Tr.23-38). I will keep the Board apprised of any additional matters relating to the schedule for completion of the Staff's review as they come to my attention.

Additionally, I am enclosing a copy of a letter dated August 5,1985, from the Tennessee Department of Health and Environment to Applicant. This letter addresses the remaining or unresolved State concern set out in its. request to 8808250040 000017 PDR ADOCK 05000603 0 PDP 350g

participate in these proceedings as an interested state. Again, I will keep the Board apprised of any additional developments concerning the State's concern as such developments ccme to my attention. -

Sincerely, WFYM &

Bernard M. Bordenick Counsel for NRC Staff Encls: As stated cc w/Encis: Service List

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Docket Nos. 50-603 AUG f5 1568 All Chemicai Isotope Enrichment, Inc.

ATIN: Mr. William A. Pfeiffer Pine Ridge Office Park, Suite 202-B -

702 South IFlinois Avenue Oak Ridge, TN 37830 Gentlemen:

In order to complete our review related to your application for a construction permit and operating license for AlChemIE Facility-1 CPDF, additional informa-tion related to our financial review is needed. We have enclosed a list of the additional information needed with this letter.

We would be pleased to meet with you if you have ary questions concerning this request for additional information.

Sincerely, Original Sig".e4 By1 A. Thomas Clark, Jr.

NRC Project Manager /A1ChemIE Fuel Cycle Safety Branch Division of Industrial and Medical Nuclear Safety Er.clusure: As stated S

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j AUG 151986 REQUEST FOR FINANCIAL INFORMATION .

!LL CHEMICAL ISOTOPE ENRICHMENT, INC.

DOCKETS NO. 50-603 AND 50-604 AlchemIE did not respond adequately to question no. 3 of NRC's request for financial information dated June 3,1988 (letter from A. Thomas Clark, Jr.,

NRC, to William A. Pfeiffer, AlCheIE). Specifically, AlChem!E should identify dnd describe the method by which funds will be provided over the entire period of the license, including early years in whicn the projected cash flow would not cover the estimated costs, to oecontaminate and dispose of all classified and contaminated equipnent, facilities and wastes. Paragraph 7 of the Centrifuge Equipment Agreement and Bill of Sale, November 20, 1987, requires that AlChemIE will provide a specific funding assurance to DOE. Please describe the amount and form of such funding assurance. Provide documentction certifying that the amount and form of the funding assurance and acceptabic to DOE.

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• Q$)ib*fll TENNESSEE DEPARTMENT OF HEAL.TH AND ENVIRONMENT Bureau of Environment  !

T.E.R.R.A. BUILDING 150 NINTH AVENUE NORTH NASHVILLE, TENNESSEE 37219 5404 August 5, 1988 All Chemical Isotope Enrichment. Inc.

Pine Ridge Office Park, Suite 202-B 702 Illinois Avenue Oak Ridge. TN 37830 ATTN: John H. Smelser, Jr.

Gentlemen:

I Thank you for the cor .if the letter dated July 20, 1988 to the U.S. Nuclear Regulatory Commis siot. .RC) that was telecopied to us on July 20, 1988.

The letter might answer the referenced letter from Mr. Clark of NRC, however, it doer not suf ficiently respond to the topics we discussed with Mr. Pfeifer by telephone. In fact, it raises more concerns. For example, Item 2 of the July 20 letter states that you will be enriching tellurium - 123, however, the letter dated November 17, 1987 to the NRC as cover for your application to them contains the statement, "...(Al Chem IE) formally submits its application for a license to construct and operate a non-radioactive isotope en richment facility" (emphasis added). Neither stable, in yoIr~cTQfiaf7 submitted document nor in subsequent material do you address the topics of tailings and other waste streams containing enhanced qualities of naturally occurring radioactive isotopes or of appropriate authorization to distribute material-enhanced or enriched in naturally occurring radioactive isotopes. '

It appears that an application for a license that requests authorization of all of the various aspects of your potential activities involving naturally occurring radioactive isotopes must be graated before operations can begin.

Enclosed are the forms for submitting an application for a license.

S ince rdly, b

. Charles P. Vest Division of Radiological Health CPW/E2143209 cc: Michael Pearigan, Deputy t.ttorney General A. Thomas Clark, Jr./NRC t

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