ML20206J574

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Forwards H Thompson as Balance of NRC Response to State of Tn Re Enrichment of Naturally Occurring Radionuclides in Proposed Facilities,Per NRC
ML20206J574
Person / Time
Site: 05000000, 05000603, 05000604
Issue date: 11/10/1988
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-#488-7522 88-570-01-CP-OL, 88-570-1-CP-OL, 88-571-01-CP, 88-571-1-CP, CP, CP-OL, NUDOCS 8811290041
Download: ML20206J574 (6)


Text

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NUCLEAR REGULATORY COMMISSION

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November to. 1988

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Horton B. Margulies, Chairman Dr. Oscar H. Paris Administrative Judge Administrative Judge Atomic Safety and Licensing At wie Safety and Licensing Boaro Fanel Board Penel r

U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Cosnission Washington, D.C.

20555 Washington, D.C.

20555 Dr. Enneth A. Luebke

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i h00 friendship boulevard, Art. 1923N l

Chevy Chase, Maryland 20815 In the Matter of l

ALL CHEMICAL !$0 TOP': ENRICHMENT INC.

(A1Chee!E Farolity-1 CPDF) t Docket No. 50-603-CP/0i, ASLEP No. 88-570-01-CP/0L r

and In the Matter of ALL CHEMICAL ISOTOPE EhgICHMENT INC.

(AlChem!E Fact 11ty-2 Oliver Springs 1 Docket No. 50-604-CP; ASLBP No. 88 571-01-CP

Dear Administritive Judges:

Reference is made to the penultimate paragraph of my letter to the Licensing Board dated October 26, 1988.

In that paragraph ! indicated that the Steff had addressed, in part, certain matters raised by the State of Tennessee ic its September 29, 1988 letter to the Staff (a copy of which was forwarded by me to the Board under cover of a letter dated October 17.1988). The Staff's l

partial response is in Section IV of each of the SER's which I enclosed with

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ry letter of October 26th.

I furth2r indicated that the balance of the Staff's response would be contained in a letter to the State. A copy of that letter, dated November 7,198S, is attached, j

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4 The Staff believes it has now fully responded to the State's concerns. This i

was confirmed to me by Counsel for the State during a telephone conversation l

on November 8, 1988. It is my further understanding that the state has filed a motion to withdraw its request to participate as an interested State in these l

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Sincerely.

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Bernard M. Bordenick

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NOV 0 71988 Docket Nos. 50-603 50-604 Mr. Michael H. Mobley, Director Divisten of Radio 1cgical Health Tennessee Department of Health and Environment T.I.R.R.A. Buildir.g 150 Ninth Avere,e North Nashville, TN 37219 5404

Dear Mr. Mcb1ty:

This is in response to your letter of Septeder 29, 1968, to Mr. Hue Tliompson, Director, Office of Nuclear ifaterial Safet{ ides in the proposso A1Chet!E and 3afeguards, which cori:erned enrichment of naturally occurring radionuc.

facilities.

Your letter expresses cc5cern abcut the potential radiological hazards of enriching naturally occurring radionuclides, including the wide range of chemical elements that might be involved, and the need fer A1ChemIE to coordinate with the Tennessee repartment of Health and Environeent on these riatterr. On this last point, we did advise A1CheelE that they were subject to regulation by the 3 tate of Tennessee with regard to radiological hazards of naturaliy occurrir.g radionuclides, and that they shculd keep your office inforred with regard to their actions. We art pleased to ?. ave your con 7treatien that they are following through with this.

With regard to the possibility of creating a radiological hazard by the enrichment of naturally ot: curring radioisotepes, we did comment on the subject i

in the Environmental Assessment Relat>d to tie Construction and Operation of i

the A1 Chem!E Facility 1 CFCF. H w yer, we could have addressed it more i

extensively, and we he.ve done so in the Safety EVAlvattun Reports (copies enclosed), shewing that we have no basis at present to expect ar.y radiological l

h;rard to be generated at either of A1 Chem!E's two proposed facilities due to t

enriching isotopes in the list of candidate chemical c mpounds identified by Alchem!E.

This list is ilmited to compo'inds physically and chemically compatible with the enrichment rachinery, and ts believed to be a cesprwhensive l

list of chemicals likely to be processed by Alchem!E.

t As you point out, the technelegy has potential broad applications, even though there are limitations en the characteristics of the feed materials which can be used. We have mentioned in the Safety Ev61uation Reports that A1ChemIE recognizes that the State of Tennessee has jurisdiction with regard to radiological protection from naturally occurring radionuclides and that before enriching any naturally cccurring radionuclides whic5 might create a radiological hazard, they shculd censult with the Tennessee Departncnt of Health and Enytrennent.

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Michael H. Hobley 2

NOV 0 71988 s

We truct that the discus:fons here aru in the enclosed Safety Evaluation Reports adequately address your concerns.

If you wish, we will be glad to discuss this l

further.

Sincerely, ll l

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.A8 Leland C. Rouse. C.51ef Fuel Cycle Safety Branch t

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Medical Nuclear Safety. NMSS i

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Enclosures:

As stated i

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Enclosures were sent by October 25, 1988 letter to All Chemical Isotope Enrichment, Inc.

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All Chenical isotope Enrichment, inc.

ATIN:

Mr. John H. 5 elser, Jr.

Chief Executive Of ficer Pine Rioge Office Park Suito 202 0 702 Illinois Aveius Oak Ridge TN 37830 Tennessee Departeen of Public Health ATTMs Director. SureaJ of Environe: ental Health Services Carde11 N118vilding i

Nashville. Tennessee 37219 Mr. Wapq K. Scharber DirectoP of Envirotsent Tenassee Department of Health and Environment 1st Floor Ter a Building 150 9th Avenue North i

Nashville. Tennessee 37203 Michael D. Pearigen. Esq.

Deputy Attorney General Tennessee Attorney Gentral's Office 450 James Robertson Parkway Neshville. TN 37219 5025 Ns. Carol hhtte Federal Affairs Coordinetur

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State of Tennessee 309 John Sevare Office Bu.iding 500 Charlotte Avente Nashville. TN 37219 a

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i The Honorable Roy F. Pruett Mayor Post Office Box 1 Oak Ridge TN 37831 Mr. Jeffrey 8 roughton City Manager Post Office Sox 1 Oak Ridge, TN 37831 Mr. William D. Harris Fire Chief Post Office Box 1 Oak Ridge. TN 37830 Ms. Y1rginia Dale Chair Environmental Qeality Advisory Board Pont Q ice Sox 1 04k Rf i TN 37831 The Honorable Kenneth E. Yager Roane County becutive Roane County Courthouse P. O. Box 643 i

Kingston, TN 37763 The Honorable David O. Bo111n:l County Executive, Anderson County Courthouse Main Street Clinton, TN 37716 The Honorable St.nley Justice Mayor l

Post Office Box 303 Oliver Springs. TN 37840 l

t Mr. Howard Elliot City Administrator Post Office Box 303 0)1ver Springs TN 37840 l

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