ML20206C613

Withdrawal of Request of State of Tn to Participate as Interested State,Per 10CFR2.715(c).* Certificate of Svc Encl

ML20206C613
Person / Time
Site:	05000000, 05000603
Issue date:	11/14/1988
From:	Pearigen M TENNESSEE, STATE OF
To:
Shared Package
ML20206C592	List: ML20206C590 ML20206C613 ML20206C632
References
CP-OL, NUDOCS 8811160349
Download: ML20206C613 (4)

Text

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UNITED STATES OF AMERICA gg.

NUCLEAR REGULATORY COMMISSION gh.pc' ATOMIC SAFETY AND LICENSING BOARD IN RE: '88 El 14 Pl2::

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ALL CHEMICAL ISOTOPE ] Docket No. 50-603 ENRICHMENT, INC., CENTRIFUGE M"M~-

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DEMONSTRATION FACILITY, OAK ]

RIDGE, TENNESSEE ]

WITHDRAWAL OF THE REQUEST OF THE STATE OF TENNESSEE TO PARTICIPATE AS AN INTERESTED STATE PURSUANT TO 10 C.F.R. $ 2.715(c)

On May 31, 1988 the State of Tennessee filed a Request to be allowed to participate in this proceeding as an interested State, pursuant to 10 C.F.R. $ 2.715(c).

Thereafter, the Licensing Board was advised by correspondence dated July 18, 1988 (copy attached) that the State of Tennessee might soon be in a position to withdraw its Request.

i The State of Tennessee hereby gives notice that it withdraws its Request to participate in this proceeding. The State of Tennessee specifically reserves the option of renewing its Request at a later date, should it be determined to be in the State's interest to do so.

l

, Respectfully submitted, CHARLES W. BURSON Attorney Ger.eral and Reh lter (L

IC EL D.I TEA'RIGEN d Deputy Attorney General 0011160349 001109 450 James Robertson parkway DR ADOCK OLO 3 (615) 741-5687

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CERTIFICATE OF SERVICE U.M[

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foregoing Withdraual of the Request as an Interested State Mf. .

Pursuant to 10 C.F.R. $ 2.715(c) has been forwarded tc thet^u"'. '

below-lisced via first-class U.S. Mail, postags prepaid, on thisthef!b-dayofNovember, 1988:

Morton B. Margulies, Chairman Atomic Safety and Licensing Board Panel United States Nuclear Regulatory Commission Washington, D.C. 20555 Dr. Emmeth A. Luebke 5500 Friendship Boulevard, Apt. #1923N Chevy Chase, Maryland 20815 Dr. Oscrr H. Paris Atomic Safety and Licensing Board Panel United States Nuclear Regulatory Commission Wauhington, D.C. 20555 Bern rd M.'Bordanick Counsel for Nuclear Regulatory Commission. Staff United States Nuclear Regulatory Commission Mail Stop 15-B-18 Washington, D.C. 20555 Stephen A. Irving Attcaney at Law 701 South Illinois Avenue Suite'202-5 Oak Ridge, Tennessee 37830 Docketing Service Section i Office of the Secretary .

United States Nucicar Regulatory Commission Washington, D.C. 20555

.. e ICHAEL D.' PEARIGEN(

Deputy Attorney General

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. ., o. e s = = are July 18, 1988 wiewas6 w. caval 4 o oAVID w. meWw tLREICM StemV A.CmaFT Morton S. Margulies, Chairman Atomic Safety and Licensing Board panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: All Chemical Isotope Enrichment, Inc., AlChemIE Facility - 2, Oliver Springs, Tennessee, Docket No. 50-604 and All Chemical Isotope Enrichment, Inc., Centrifuge Demonstration Facility, Oak Ridge, Tennessee, Docket No. 50-603

Dear chairman Margulies:

On May 31, 1988, the State of Tennessee, on behalf of the Commissioner of the Tennessee Department of Health and Environment, filed a request to participate in the above-referenced proceedings as an interested state pursuant to 10 C.F.R. S 2.715(c) to address two (2) concerns. On June 7, 1988, the NRC staff filed a Response to the State's Request in which the NRC staff stated that it made no objee? ion to the State's request and, indeed, welcomed the State's participation in the mandatory construction permit hearing phar,a of these proceedings. As of this date the State's request is pending before the NRC.

Subsequent to tnese filings, AlchemIE has provided information whicn has resolved the State's first concern, that being the possibility that the centrifuge machines proposed for use by AlchemIE might contain low levelt of Uranium not subject to regulation by the Commission, but subject to regelation by the Stat *,

Further, AlchemIE is in the process of providing the State with information which may resolve the second concern raited by the State, that being that the process proposed by AlchemIE might have the potential for enhancing naturally-occurring radiohetive material as a product.

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Chairman Morton B. Margulies Page 2 July 18, 1988 Inasmuch as the State's concerns either have been or are in the process of b01.19 addressed, and the State may soon be in a position to either withdraw its request to participate.

as an interested state, or alternatively, may have its concerns ,

fully satisfied, we hereby respectfully request the Commission to defer consideration of our request to participate as an interested state. Given the above developments, and after ,

consultation with counsel for the NRC staff, Mr. Fordenick, we plan to forgo an appearant.e at the prehearing conforence scheduled in this matter for July 21, 1988 at Knoxville, l Tennessee. We will, of Jourse, provide the Commission with ,

further information as '.o the status of our interest as we receive information frem the applicant. ,

Sincerely yours, ess Zw

• MICHAEL Cl. PEARIGEN g Deputy Attorney General MLP:dmm xctParties Listed on Certificate of Service

David L. Harbin

Charles P. West

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