ML20154M505

Responds to Re Rev to Info on Applicability of 10CFR50 Applications for Enriching Stable Isotopes.Listed Observations Provided Based on Info in Ltr & 880914 Telcon

ML20154M505
Person / Time
Site:	05000000, 05000603, 05000604
Issue date:	09/22/1988
From:	Clark A NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Christopher West TENNESSEE, STATE OF
References
NUDOCS 8809290004
Download: ML20154M505 (3)

Text

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SEP 2 21999 Docket Nos. 50-603 50-604 Mr. Charles P. West Division of Radiological Health Tennessee Department of Health and Environment 150 Ninth Avenue North Nashville, TN 37219 5404

Dear Mr. West:

I am writing in response to your letter dated August 30, 1988, concerning letters from AlChemIE to the U.S. Nuclear Regulatory Comission, dated August 17, 1988. The letters concerned AlchemIE's revision to its information submitted previously on the applicability (or non-applicability) of all sections of 10 CFR Part 50 to their applications for licenses for facilities which enrich stable isotopes.

Based on my reading of the information in those letters and on my telephone conversation with you on September 14, 1988, I wish to provide the following observations:

1 1.

In its letter of February 3,1988, AlChem!E attached a letter from the Department of Energy which indicated that a total of 21.3 kilograms of uranium was firmly fixed to the centrifuge machines from the Department's testing program.

If all of the feed material used in the test were natural uranium, the total uranium 235 would be abot:

150 grams (21300 x 0.0071). Thus, the 170 grams cited by AlChemIE for item 650.34 (c)(d) is an overestimate of that total, 2.

Apart from the question of the quantity of uranium to be possessed by AlchemlE, Section 150.15 (a)(1) of 10 CFR Part 150 states that the Conmission retains authority with respect to the construction and operation of any production or utilization facility and Section 8.4 of 10 CFR Part 8 indicates that the Atomic Energy Act sets forth a pattern for licensing production facilities on the basis of comon defense and security, which pattern requires, in general, that the construction and operation of production facilities and the possession and use of source: and special nuclear material, be licensed and regulated by the Connission.

In simpler tems, if we license the facility, we license the material which goes with it. This is the l

basis for our jurisdiction over the residual uranium in this particular l

instance.

P (Ob k

8909290004 880922 1

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PDR ADOCK 05000603 A

PNV

Charles P. West 2 SEP t t 1933 l

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3.

With respect to the possible enrichment of naturally occurring I

radioactivity arid State jurisdiction, we fully agree that the Stato has juristliction, but do not believe that it is an issue pertinent to our review and evaluation of the A1ChemIE applications.

In other words, if the State exercises its jurisdiction AlChemIE will need the approval of both the Comission and the State in order to operate the two proposed facilities.

Sincerely.

OrigM Segned By-1 A. Thomas Clark, Jr.

Advanced Fuel and Special Facilities Section Fuel Cycle Safety Branch 1

i Olvision of Industrial and j

Medical Nuclear Safety 1

Office of Nuclear Material l

Safety and Safeguards l

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cc:

M. Pearigen, TN W. Pfeifer. AlChemIE i

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DISTRIBUTION:

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OFFICIAL RECORD COPY I

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l 3.

With respect to the possible enrichment of naturally occurring l

radioactivity and State jurisdiction, we fully agree that the State j

has jurisdiction, but do not believe that it is au issue pertinent to our review and evaluation of the AlChemIE applications.

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A. Thomas Clark, Jr.

Advanced Fuel and Special Facilities Section J

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Division of Industrial and i

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Medical Nuclear Safety 1

ffice of Nuclear Material Safety and Safeguards i

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H. Pearigen, TN i

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