ML20154Q369

Forwards State of Tn to NRC & NRC to State of Tn,For Info.Ser for Licensee Applications Anticipated to Be Publicly Available in Approx 2 Wks

ML20154Q369
Person / Time
Site:	05000000, 05000603, 05000604
Issue date:	09/26/1988
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-#488-7176 88-570-01-CP-OL, 88-571-01-CP, CP, CP-OL, NUDOCS 8810030381
Download: ML20154Q369 (6)

Text

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Morton B. Margulies, Chaiman Dr. Oscar H. Paris F+L*

Administrative sludge Administrative Judge Atomic Safety and Licensing AtomicSafetyandLicensing Board Parel Board Pane.

U.S. Nuclear Regulatory Comissier U.S. Nuclear idegulatory Comission Weshington, D.C. 20555 Washington, D.C. 20555 Dr. Emeth A. Luebke Administrative Judge 5500 Friendship Boulevard, Apt. 1923N Chevy Chase, Maryland 20815 In the Matter of ALL CHEMICAL ISOTOPE ENRICHMENT INC.

(A1 Chem!E Facility.1 CFDF)

Docket Ne 50 603 *P/0L ASLBP No. 88 570 01.CP/0L and In the Matter of Alt. CHEMICAL ISOTOPE ENRICHMENT INC.

(A1Chen!EFacility.2OliverSprings)

Docket No. 50 604.CP; ASLEP No. 88 8,71 01.CP

Dear Aeministrative Judges:

Enclosed for the Licensine feard's infomation are copies of the followirg correspondence:

19EE from the Tennesee De Letter dated Health and August 30,(Charles P. West) (State)

Environment to thepartrent NRC of 5tafft Letter dated Septeder 22. 1980 from the NDC Staff (A. Thenas Clark, Jr.) to the State.

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. 1 2-l Tbc Staff presently anticipates that the SER for the AlchemlE applications l will be publicly available in approximately two wetks. . l Sincerely, i &

Bernard M. Bordenick Counsel for NRC Staff cc: Service List 1

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TENNESSEE DEOARTMENT OF HEALTH AND ENVIRONMENT Bureau of Environment T.F..R.R.A. BUILOING 150 NINTH AVENUE NORTH N ASHVILLE, TENNESSEE 37219 54o4 August 30, 1988 ,

U. S. Nuclear Regulatory Commission Document Control Desk Office Nuclear Material Safety and Safeguards Washington, DC 20555 ATTN: Mr. Hugh L. Thompsoo, Jr.

Gentlemen:

Ve have reviewed the letters dated August 17,1988, from A1 Chem 1E, Inc. to the NRC concerning Docket Nuobers 50-603 and 50-604. Attached are some com:nents generated f rom the review sod for which we still desire clarification.

Stoce ely, Charles P. West Division of Redf ological Health CPW/E3018243 Attachment cci Dr. A. Thomas Clark, Jr. NRC Hr. W. A. Pfeifer, A1Ches1E Michael Pearigan, Deputy Attorney Ceneral wA , - - >>l '

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ALCHEMIE'S LETTER DATED 8-17-88 TO NRC CottT!NTS 10 CFR 50 Non Applicability (Revision 1 to Nov. 17, 1987 submitted) 50.34(b)(6) A1ChemIE has not showo Tennessee Department of Health (iii), (iv) and Envirocaent (TDB&E), cooclusively, that there is no radiological hazard.

50.34(b)(8) A1ChenIE bas not showo TDH&E, conclusively, tha t there 50.54(1-1) is no radiological hazard.

(j), (k), (1)

(a), (y) 50.34(c)(d) Statement made tha t there are approximately 170 grams (c) of U-235 on equipment. In a letter to NRC, dated 50.54(p) 5/9/88, other numbers are given that differ from the above. Which is correct? One hundred seventy grams is licensable under Tennessee regulations and jurisdiction.

10 CFR 50 EXEMPTION REQUIREMENTS

1. A. AlchemIE has not positively showo TDH&E tha t the re will be no radiological release. Also, s ta tement is made that the "facility is to be used for the production of stable isotopes" but in July 20, 1988, letter from A1ChemIE to NRC, ites 2, it is stated that Tellurium-123 will be enriched "to about 50" percent. These statements present confusion that has not been clarified.

D. Again AlchemIE ha s not shovo tha t there will be "no threat of radiological release."

CPW/E3018243

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e SEP 2 21988 Docket Nos. 50-603 50-604 Mr. Charles P. West Division of Radiological Health Tennes:ee 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 Commission, 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. In its letter of February 3,1988 AlchemIE attached a letter from the Department of Energy which indicated that a total of 21.3 kilograms of uranium was fimly 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 about 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 AlchemIE, Section 150.15 (a)(1) of 10 CFR Part 150 states that the Comission 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 fr licensing production facilities on the basis of common 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 Comission. In simpler tems, if we license the facility, we license the material which goes with it. This is the basis for our jurisdiction over the residual uranium in this particular instance.

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Charles P. West 2 SEP 2 21983

3. With respect to the possible enrichment of naturally occurring -

radioactivity and State jurisdiction, we fully agree that the State has jurisdiction, but do not believe that it is an issue pertinent to our review and evaluation of the AlchemIE 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, Original Srgned By:

A. Thomas Clark, Jr.

Advanced Fuel and Special Facilities Section Fuel Cycle Safety Branch Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards cc: M. Pearigen, TN W. Pfeifer, Alchem!E l

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