ML20151X116
| ML20151X116 | |
| Person / Time | |
|---|---|
| Site: | 05000603, 05000604 |
| Issue date: | 04/22/1988 |
| From: | Rouse L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| Shared Package | |
| ML20151X111 | List: |
| References | |
| NUDOCS 8805040059 | |
| Download: ML20151X116 (6) | |
Text
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7590-01 ,
U.S. NUCLEAR REGULATORY COMMISSION 1
NOTICE OF RECEIPT OF APPLICATION FOR CONSTRUCTION PERMIT NOTICE OF AVAILABILITY OF APPLICANT'S ENVIRONMENTAL REPORT l '
l NOTICE OF CONSIDERATION OF ISSUANCE OF CONSTRUClION PERMIT AND NOTICE OF OPPORTUNITY FOR HEARING ALL CHEMICAL ISOTOPE ENRICHMENT, INC.
ALCHEMIE FACILITY-2 OLIVER SPRINGS DOCKET NO. 50 604 l
i Notice is hereby given that the U.S. Nuclear Regulatory Commission (the Commission) has received by letter, dated November 17, 1987, an application, Environmental Report, and Safety Analysis Report from All Chemical Isotope '
Enrichment, Inc. , (A1ChemIE) for a construction permit to use centrifugal machines to enrich non-radioactive isotopes at AlchemIE Facility-2 located at Oliver Springs, Tennessee. The non-radioactive isotopes would be used in medical, industrial, and environmental and energy conservation purposes. <
The centrifuge machines AlChemIE intends to use for enriching stable isotopes will be obtained under an agreement with the United States Department of Energy. The machines were originally designed and constructed, for the Department, to enriching uranium. Although AlchemIE intends only to enrich stable isotopes and will not enrich uranium, the Atomic Energy Act of 1954, as amended, and the Commission's regulations, 10 CFR Part 50, provide that equipment capable of enriching uranium is a production facility requiring a license from the Commission. Such a license would govern possess'.on of the centrifuge machines, but not the enriched stable isotopes produced.
The applicant has filed, pursuant to the National Environmental Policy Act of 1969 (NEPA) and the regulations of the Commission in 10 CFR Part 51, an l environmental report. The report, which discusses environmental considerations related to the proposed operation of the facility, is being made available at the Concission's Public Document Room at 1717 H. Street, NW., Washington, DC.
, . 2 The NRC will complete an environmental evaluation, in accordance with 10 CFR Part 51, to determine if the preparation of an environmental impact statement l is warranted or if an environmental assessment and Finding of No Significant j Impact are appropriate. This action will be the subject of a subsequent notice
! in the FEDERAL REGISTER.
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Prior to a decision on the requested construction permit, the Commission will have made the findings reauired by the Atomic Energy Act of 1954, as amended l
(the Act) and the Commission's rules and regulations.
Construction Permit Pursuant to the Atomic Energy Act of MS4, as amended (the Act), 46d the l regulations in Title 10 Code of Federal Regulations, Part 50, "Oomestic Licensing l of Production and Utilization Facilities," Part 51, "Licensing and Regulatory l Policy and Procedures for Environmental Protection," and Part 2, "Rules of Practice for Domestic Licensing Proceedings," notice is hereby given that a hearing will be held before an Atomic Safety and Licensing Board, to consider the application filed under the Act by AlChem!E (the applicant), for a construction permit for AlChem!E Facility-2 Oliver Springs (the facility), which will be located in Oliver Springs, Tennessee.
l The hearing will be conducted by an Atomic Safety and Licensing Board (Board), which has been designated by the Chairman of,the Atomic Safety and Licensing Board Panel. Notice as to the membership of the Board will be published in the FEDERAL REGISTER at a later date.
Pursaant to 10 CFR $2.785, an Atomic Safety and Licensing Appeal Board will exercise the authority and the review function which would otherwise be exercised and performed by the Commission. Notice as to the membership of the Appeal Board will be published in the FEDERAL REGISTER at a later date.
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After the Commission's staff has performed a safety evaluation of the application and an environmental review, the Commission will consider making !
1 affirmative findings on Items 1 and 2, a negative finding on Item 3, and an affirmative finding on Item 4, specified below, as a basis for the issuance of a construction permit to the applicant, i l i
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3 Issues Persuant to the Atomic Enerqy Act of 1954, as Amended ;
- 1. Whether in accordance with the provisions of 10 CFR 50.34, the applicant has described the proposed design of the facility including, ;
but not limited to, the principal architectural and engineering criteria for the design, and has identified the major features or components '
incorporated therein to assure adequate protection of the common defense and security. ,
- 2. Whether the applicant is technically and financially qualified to construct ,
the proposed facility in such a way as to assure adequate protection of the ;
common defense and security.
- 3. Whether the issuance of a permit authorizing construction of the facility j will be inimican to the common defense and security.
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l Issue Pursuant to National Environmental Policy.Act (NEPA)
- 4. Whether, in accordance with the requirements of 10 CFR Part 51, the construction permit should be issued as proposed.
If this proceeding is not a contested proceeding, as defined by 10 CFR 52.4(n), the Board will determine the following, without conducting a de novo evaluation of the application: (1) whether the application and the record of the proceeding contain sufficient information and whether the Commission staff's review l of the application has been adequate to support the proposed findings to be made by ;
the Director of the Division of Industrial and Medical Nuciear Safety on Items l 1-3 above, and to support, insofar as the Commission's licensing requirements :
under the Act are concerned, the issuance of the construction permit proposed by the Director of the Division of Industrial and Medical Nuclear Safety; and (2) whether the NEPA review the Commission's staff conducted has been adequate.
If this proceeding becomes a contested proceeding with respect to issues !
f relating to the construction permit, the Board will consider and initially decide, j as issues in this proceeding Items 1-4 above, as a basis for determining whether
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a construction permit should be issued to the applicant.
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4, By MAY 311988 , the applicant must file an answer to this notice, '
pursuant to 10 CFR $2.705, and any person whose interest may be affected by this proceeding, and who wishes to participate as a party in the proceeding i must file a written petition for leave to intervene. Requests for a hearing j and petitions for leave to intervene shall be filed in accordance with the Commission's "Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2. If a request for a hearing or petition for leave to intervene is filed I by the above date, the Commission or an Atomic Safety and Licensing Board l
designated by the Commission or by the Chairman of the Atomic Safety and j Licensing Board Panel, will rule on the request and/or petition, and the i Secretary or the designated Atomic Safety and Licensing Board will issue a )
notice of hearing or an appropriate order.
As required by 10 CFR 2.714, a petition for leave to intervene shall set ;
forth with particularity the interest of the petitioner in the proceeding, and ;
how that interest may be affected by the results of the proceeding. The petition l should specifically explain the reasons why intervention should be permitted l with particular reference to the following factors: (1) the nature of the petitioner's right under the Act to be made a party to the proceeding; (2) the nature and extent of the petitioner's property, financial or other interest in the proceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest. The petition should also identify the specific aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene, and shall specify whether such aspect relates to the construction permit or to the operating license or to both. Any person who has filed a petition for leave to intervene or who has been admitted as a party may amend the petition without requesting leave of the Board, up to fif teen (15) days before the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.
Not later than fifteen (15) days before the special prehearing conference, if one is held, or, if not, fif teen (15) days before the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which must include a list of the contentions which are sought to be litigated in the matter, and the bases for each contention, set forth with reasonable specificity. Contentions shall be limited l
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. 5 to matters within the scope of the issues set forth in this notice. A petitioner who fails to file such a supplement which satisfies these requirements with ,
respect to at least one contention will not be permitted to participate as a party. r
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Thosepermittedtointervenebecomepartiestotheproceeding,subjecti,osny i limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses, j
The Board will set the time and place for any special prehearing conference, ,
e prehearing conferences and evidentiary hearing, and the respective notices will l be published in the FEDERAL REGISTER.
Any person who does not wish, or is not qualified, to become a party to this proceeding may request permission to make a limited appearance pursuant to the provisions of 10 CFR 52.715. A person making a limited appearance may make an oral or written statement of position on the issues. A limited appear-ance may be made at any session of the hearing or at any prehearing conference, q
subject to such limits and conditions as may be imposed by the Board. Persons f desiring to make a limited appearance are requested to inform the Secretary of the Commission within 60 days of the date of publication of this Notice, i
l Those permitted to intervene become parties to the proceeding, subject to :
any limita'. ions in the order granting leave to intervene, and havt the '
I opportunity to present evidence and cross-examine witnesses. )
1 Non-timely filings of petitions for leave to intervere, amended petitions,
! supplemental petitions, and/or requests for hearing will not be entertained absent a determinatiori by the Commission, the presiding officer or the Atomic
! Safety and Licensing Board that the petition and/or request should be granted j based upon a balancing of the factors specified in 10 CFR $2.714(a)(1)(1)-(v) l and 52.714(d).
j A request for a hearing or a petition for leave to intervene shall be i filed by MAY 311983 with the Secretary of the Commission, United States j
Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and I
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Service Branch, or may be delivered to 11555 Rockvillie Pile (One White Flint !
North) Rockville, MO, or to the Commission's Public Document Room, 1717 H Street, !
NW., Washington, DC, by the above date. At times when petitions are filed f
during the last ten (10) days of the notice period, it is requested that the !
petitioner promptly so inform the Commission by a toll-free telephone call to f Western Union at 1-800-325 6000 (in Missouri 1-800-342-6700). The Western Union !
operator should be given Datagram Identification Number 3737 and the following l message addressed to Richard E. Cunningham, Director, Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards, [
Washington, DC 20555: Petitioner's name and telephone number; date petition ,,as mailed; plant name; and publication date and page number of the FEDERAL REGISTER notice. A copy of the petition should also be sent to the Office of the General !
Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555 and to I Stephen A. Irving, Esq. Rt. 7 Dixon Road, Lenoir City, Tennessee, 37771, ;
attorney for the applicant. l l
For further details, see the application for a construction permit dated I November 17, 1987, and the applicant's environmental report dated November 1, 1987, which, along with any amendments or supplements thereto, are or will be available for public inspection at the Commission's Public Document Room, f 1717 H Street, NW. Washington, DC, between the hours of 7:45 a.m. and 4:15 p.m. !
on weekdays. As they become available, a copy of the safety evaluation report by l the Commission's staff, the environmental assessment, the proposed construction permit, the transcripts of the prehearing conferences and of the hearing, and i other relevant documents, will also be available at the above location. Copies ;
of the proposed Construction permit may be obtained, when available, by request t to the Director, Division of Industrial and Medical Nuclear Safety, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Copies of the Commission's staff l l
safety evaluation report ano environmental assessment, when available, may be purchased at current rates, from the National Technical Information Service, '
Department of Commerce, 5285 Port Royal Roao, Springfield, Virginia 22161.
Dated at Rockville, Maryland, this M day of April 1988.
FORTHENUCLEARREGUyTORYCOMMISSION I b Leland C. Rouse, Chief d C b 'u Fuel Cycle Safety Branch Division of Industrial and Medical Nuclear Safety, NMSS
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