ML20206C632

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Withdrawal of Request of State of Tn to Participate as Interested State,Per 10CFR2.715(c).* Certificate of Svc Encl
ML20206C632
Person / Time
Site: 05000000, 05000603, 05000604
Issue date: 11/14/1988
From: Pearigen M
TENNESSEE, STATE OF
To:
Shared Package
ML20206C592 List:
References
CP, NUDOCS 8811160357
Download: ML20206C632 (2)


Text

_ _ _ _ _ _ _ _.

UNITED STATES OF AMERICA

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NUCLEAR REGULATORY COMMISSION L.hi C ATOM 7C SAFETY AND LICENSING BOARD

'88 NOV 14 F12:03 IN RE:

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ALL CHEMICAL IC010PE

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Docket No. 5 0 - 6 0 4t.g ec,.,,. -

ENRICHMENT, INCORPORATED,

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ALCHEMIE FACILITY - 2,

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OLIVER SPRINGS, TENNESSEE

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I NITHDRAWAL OF THE REQUEST OF THE STATE OF TENNESSEE TO PARTICIPATE AS AN INTERESTED STATE PURSUAN'.? TO 10 C.F.R. S 2.715(c)

On Mty 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. S 2.715(c).

Thereafter, ti:e Licensing Board was advised by correspondence dated July 19, 1988 (copy attached) that the State of Tennessee might soon be in a position to withdraw its Request.

The State of Tennessee hereby gives notice that it withdraws

.'s Request to participate in this proceeding.

The Stete 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.

Respectfully submitted, CHARLES W.

BURSON Attorney General and Reporter f

MAEL'D. MARIGEN T

puty Attorney General 50. Tames Robertson Parkway (615) 741-0687 8811160357 881109 DR ADOCK 050 3

CERTIFICATE OF SERVICE Ct * !. !E T

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Iherebycertifythatatrueandexactcopyofgge NW 14 R2:0:-

foregoing Withdrawal of the Request as an Interested State

?rre Pursuant to 10 C.F.R. S 2.715(c) has been forwarded to tbEK!'. -

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below-listed via first-class U.S. Mail, postage prepaid, on thisthejfIhrdayofNovember, 1988:

Morton B. Margulies, Chairman Atomic Safety and Licensing Board Panel United States Nuclear Regulatory Commission Washington, D.C.

20555 Dr. Emmath A. Luebko 5500 Friendship Boulevard, Apt. #1923N Chevy Chase, Maryland 20815 i

Dr. Oscar H. Paris Atomic Safety and Licensing Board Panel l

United Gtates Nuclear Regulatory Commission l

Washington, D.C.

20555 i

Bernard M. Bordenick Counsel for Nuclear Regulatory Commission Staff United States Nuclear Regulatory Commission Mail Stop 15-B-18 Washington, D.C. 20555 Stephen A.

Irving I

Attorney rt Law 701 South Illinois Avenue Suite 202-B Oak Ridge, Tennessee 37830 Docketing Service Section Office of the Secrotary United Statec Huclear Regulatory Commission Washington, D.C.

20555 MICftAEL ID. TEARIGEN /

Deputy Attorney General 6 L i

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pi5 of EartnoCo,

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(h Mr a no aa'a v'e tw s mA a et ave.

OFFICE OF TWZ ATTORNEY oENERAL.

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NAsMytLLE, TsNmasers 37219 8o25 gt nAvMono s. htAruto aos e is c'm er et*w?'

anAma J. SCANkoM JENWlPE4 M.SMAbb JE ARY L SMl?M A=.,

..s==tn July 18, 1988 M e As6 w. caraca=,

oAYt3 M. MIMM ELAElf PEASTA.CAAFT Morton B. Margulies, Chairman Atomic Saf ety 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 Marge,

lies:

On May 31, 1988, the State of Tennessee, en behalf of the Csmmissioner 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. 5 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 objection to the State's request and, indeed, welcomed the State's participation in the mandatory construction permit hearing. phase of these proceedings.

As of this date the State's request is pending before the NRC.

Subsequent to these filings, Alchem.tE has provided information which has resolved the State's first concern, that being the possibility that the centrifuge machines proposed for use by AlchemIE might contain low levels of Uranium not subject to regulation by the Commission, but subject to regulation by the State.

Further, AlchemIE is in the process of providing the State with information which may resolve the sect,nd concern raised by the State, that being that the process preposed by AlchemIE might have the potential for enhancing naturally-occurring radioactive material as a product.

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Chairman Morton 3. Margulies Page 2 July 18, 1988 Inasmuch at Otto State's concerns either have been or are in the process 41ng addressed, and the State may soon be in a position to.. s ier wf.thdri'4 its request to participate as an interested sta.

s ar ;;%g:enaTively, may have its cencerns fully satisfied, we A m*

tm* yang qlly request the Commission to defer consideratius r 94 racisc t to participate as an interested state.

Givs-As a(See L tvelopments, and af ter consultation with count tar the NRC staff, Mr. Bordenick, we plan to forgo an appear.ec-nt

 ; rehearing conference scheduled in this matts -

1 Jat F,

1988 at Knoxville, Tennessee.

We will, of

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ide the Commission wie.h further information as et de sta..,s of our interest as we receive information from uns spp.icant.

Sincerely yours, w

' MICHAEL Cl. PEARIGEN g Deputy Attorney General MDP dmm xc: Parties Listed on Certificate of Service

David L. Harbin
Charles P. West e