ML20196A330
| ML20196A330 | |
| Person / Time | |
|---|---|
| Site: | 05000000, 05000603, 05000604 |
| Issue date: | 06/07/1988 |
| 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-#288-6573 88-570-01-CP, 88-570-1-CP, 88-571-01-CP-OL, 88-571-1-CP-OL, CP, CP-OL, NUDOCS 8806300014 | |
| Download: ML20196A330 (4) | |
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UNITED STATES
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"g NUCLEAR REGUL ATORY COMMISSION 00LKEIEU
- j WASHING 10N, D. C. 20555 ptFC June 7, 1988 933 p4
- 3 Morton B. Margulies, Chairman Dr. Oscar H. Paris Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing h,Cb..HC' 5-Board Panel Board Panel BM * ~
U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, D.C.
20555 Washington, D.C.
20555 Dr. Emeth A. Luebke Administrative Judge 5500 Friendship Boulevard, Apt. 1923N Chevy Chase, Maryland 20815 In the Matters 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 (AlChemIE Facility-2 Oliver Springs)
Docket No. 50-604-CP; ASLBP No. 88-571-01-CP
Dear Administrative Judges:
Enclosed for your information is a copy of SECY-88-88 which was the paper sent to the Comission by the Staff for the purpose of obtaining Comission approval for issuance of a notice of opportunity for hearing in the above captioned proceedings that differed from the standard Part 50 notice.
The Comission approved the Str.ff recomended notices without substantive change.
The "Enclosure", sent to the Comission with the paper, resulted in the no-l tices which were ultimately published in the Federal Register on April 28, l
1988, at 53 Fed. Reg. 15,315-19.
5incerely, fh hr
/d Bernard M. Bor enick Counsel for NRC Staff l
Enclosure:
As stated cc w/ encl.: Service List 8806300014 880607 PDR ADOCK 05000603 O
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POLICY ISSUE March 23, 1988 SEJY-88-88 For:
The Commissioners From:
Victor Stello, Jr.,
Executive Director for Operations
Subject:
FEDERAL REGISTER NOTICE OF OPPORTUNITY FOR HEARING ON ALCHEMIE APPLICATIONS
Purpose:
To obtain Comission approval for issuance of a notice of opportunity for hearing that differs from the standard Part 50 notice.
Background:
The Department of Energy intends to sell its uranium enrichment centrifuge machines to the All Chemical Isotope Enrichment Company (A1ChemIE).
The machines will not be used to enrich uranium.
They will be used to enrich stable (non-radioactive) isotopes.
AlchemIE submitted two license applications on November 17, 1987, pursuant to 10 CFR Part 50.
Two applications are necessary because the machines are intended for use at two locations, viz.,
the Centrifuge Plant Demonstration Facility (CPDF) on the Federal reservation at Oak Ridge, Tennessee, and a new private facility to be built near Oliver Springs, Tennessee.
Since the CPDF at Oak Ridge is already constructed, but will be modified, the applicant has requested both a construction permit and operating license for that facility.
The application for the Oliver Springs facility is for a construction permit only.
l I
Contact:
A. Thomas Clark, Jr., NHSS 492-0697 l
l The Comissioners 2
Discussio2 Even though the centrifuge machines will not be used to enrich uranium, a production facility license is nevertheless required under the Comission's regulations and the Atomic Energy Act, since the machines are "designed or used for the separation of isotopes of uranium" (10 CFR 50.E; see also Atomic Energy Act i 11 v.).
However, since they will be used only to process non-radioactive isotopes, there is no radiological health and safety concern with respect to the operation of the machines.
The only licensing issues of importance in connection with such a license are those associated with assuring adequate protection of comon defense and security (safeguards issues). Although some of the machines are slightly contaminated with uranium (actual figures are classified information), the safety implications of the quantities are negligible and would be adequately controlled by routine licenses under Parts 40 and 70.
The Comission has instructed the staff, in connection with processes involving uranium hexafluoride, to consider both the radiological and non-radiological hazards of licensed material see "Staff Requirements" memorandum, SECY-86-99, October 2, 986).
In this case, however, the chemic61 hazards, if any, are unrelated to materials licensed under the Atomic Energy Act.
Such hazards would be subject to regulation by other agencies (e.g., Environmental Protection Agency under the Resources Conservation and Recovery Act, and the Toxic Substances Control Act). Therefore, in this instance, the staff believes that the Comission should not exercise any authority it may have over chemical hazards that may arise from operation of the machines to produce non-radioactive materials.
Accordingly, the staff proposes that Notices of Hearings be issued which are specifically tailored to assure that the review is limited to issues relating to comon defense and security and to required National Environmental Policy Act findings.
Special notices are provided for in 10 CFR 2.104(b).
Since the Oak Ridge facility will use existing machines in their present locations with only minor modifications, the staff proposes to publish a single notice on both the construction permit and operating license.
The Comissioners 3
Coordination:
The ffice of General Counsel nas reviewed the proposed notice and has no legal objection.
Racomendation:
The Comission approve publication of the enclosed Federal Register notices.
/
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19 or Stello, r
X'ecutive Direct for Operations
Enclosures:
1.
Federal Register Notice for CPDF t
2.
Federal Register Notice I
for Oliver Springs Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Thursday, April 14, 1988.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Tuesday, April 5, 1988, with an infor-mation copy to the Office Ti the Secretary.
If the paper is of such a nature that it requires additional time for analytical l
review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
i Commissioners OGC (H Street)
OI I
OIA l
GPA l
REGIONAL OFFICES l
EDO l
OGC (WF) l ACRS ASLBP ASLAP SECY l
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