ML20204G074

Forwards Mh Mobley from State of Tn to NRC Not Received Until 881014.NRC Will Address Matters in Ltr in SER

ML20204G074
Person / Time
Site:	05000000, 05000603, 05000604
Issue date:	10/17/1988
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-#488-7301 88-571-01-CP, 88-571-1-CP, CP, CP-OL, NUDOCS 8810240046
Download: ML20204G074 (5)

Text

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'88 DCT 19 P3 :53 Morton B. Margulies Chairinan Dr. Oscar H. Parif' Administrative Judge Administrative Judg,e' r Atomic Safety and Licensing Atomic Safety and Licensing Board Panel Board Panel U.S. Nuclear Regulatory Comission U.S. Nuclear Regulator / Ccmission Washington, D.C. 20555 Washington, D.C. 20555 1

Dr. Emeth A. Lt,ebke Administrative Judge 5500 Friendship Boulerard, Apt. 1923N Chevy Chase, Maryland 20815 In the Matter of F.I CHEMICAL ISOTOPE ENRICHMENT INC.

(AlchemIE Facility-1 CPDF)

Docket No. 50-603-CP; ASLBP No. 88-571-01-C M and i

In the Matter of ALL CHEMICAL ISOTOPE ENRICHMENT INC.

(A1 Chem!E Facility-2 Oliver Springs)

Docket No. 50-604-CP; ASLBP No. 88-571-01-CP

Dear Administrative Judges:

Enclosed for the Licensino Board's information is a copy of a letter from the I State of Tennessee (Michael H. Mobley) to the NRC Staff (Hugh Thompson) dated l

Stptember 29, 1988. For unknown reaso'is, the letter was not received by the Staff until October 14, 1988, i

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' With the exception of the financial qualifications aspect, preparation of the Staff's Safety Evaluation Report (SER) was essentially complete on October 14, 1988. However, the staff has decided to address in the SER the matters raised in the attached letter. Accordingly, it is now anticipated that the SER will be available for public distribution in approximately a week.

1 A supplemental SER addressing financial cualifications is anticipated to j be available within the next two or three weeks.

Sincerely,  ;

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ADO N

03 A~y' h ernard M. Bordenick

Counsel for NRC Staff c

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=#L 4hgb f' Se ptembe r 29, 1988 Mr. Hugh Thompsoo '

office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Consission Vashington, D.C. 20555

Dear Mr. Thompson:

Having reviewed the Environmental Assessaeots and Finding of No Significant Impact docunoots relative to the Al Chen It facilities, I an appelled by the blind approach of addressing "stable" isotope en richmen t. The term "eorich stable isotopes" is used throughout with no indicatico that the permitted use is limited to stable isotopes or elements.

In any ben e fica tion tecreology the re is possibility of the en richaeot of a asterial in radioactive eleasota. In this case the re is the very distinct possibility of enriching the " ta il s" or "product stream" to one or more ra dioac tive isotopes. Without a complete analysis or a restriction on the 1

asterials to be processed. I cacoot understand how the NRC can reach the i cooclusion that "co radiological doses are projected for normal operations." '

In fact our in f orma t ion iadicates that the applicant any be enriching radioactive isotopes to some of their initial applications.

In addition it is interesting that no anotion whatsoeve r is made of the r

involvement of the Division of Radiological Health to this process and our concern for this operation. While our rough analysis does not indica te a major probles, we do have major conceros relative to the possible conce n tra tion of a number of radioactive isotopes. We certainly do not believe there will be no radiological doses associated with a process that can concentrate specific isotopes and that allows the handling of virtually any material. It appears the analysis by the NRC staf f is extremely shortsighted given t he potential broad applications for which this technology may be utilized.

womom- ._ _ _ - - - _ - _ - _ - - .- .

i I Mr. Hugh Thompson l Septembe r 29, 1988 Page 2 To preclude the development of possible problems, we have established a working relationship with Al Chen IE, wherain they will provide us with advance notice of any proposed product streau. This will ensure that adequate analysis and licenoing actions are taken prior to the processing of gen radioactive materials. While we unders toc 4 t he NRC does not regulate all '

radioactive materials and regulates no radiattoo machiaes, we do feel it is 1 prudent for the NRC to indica te its lirjted involvement and analysis and properly qualify its conclusion. It f. 6 our desire to ensure tha t this operation is adequately assessed and opera ted from a complete radiological perspective.

Stocerely, 9 N/

Michael H. Mobley Director, Division of Radiological Health i Commisstooer, Southeast Low-Level Weste Managenoot Compact Tennessee State Liaison, Nuclear Regulatory Consission MRM/E5398260 cc Attached List i

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\ l Leland C. Rouse, Chief Fuel Cycle Safety Branch )

i Division of Industrial and Medical l Nuclear Safety, NKSS U.S. Nuclear Regulatory Commission Washington, DC 20555 Tennessee Department of Public Health ATTNt Director, Bureau of Environments! Health Services Cordell Hull Building Nashville, TN 37219 Mr. Vayne K. Scherber Director of Environment Tooneesee Departasot of Health and .

i Envir on ment i let Floor T.E.R.R. A. Building 150 9th Avenue, North Nashville, TN 37203 Michael D. Pearigen, Esq.

Deputy Attorney General Tennessee Attorney General's Of fice 450 Jones Robrtson Parkway Nashville, TN 37219-5025 Ms. Carol White Federal Affairs Coordinator State of Tennessee 309 John Sevare Of fice Building 500 Charlotte Avenue l

Nashville, TN 37219 The Honorable Roy F. Pruett Mayor Post Of fice Box 1 i j Oak Ridge, TN 37831 '

i Mr. Jeffrey Broughton City Manager Post Office Box i Oak Ridge, TN 37831 Mr. Villian D. Harris  !

, Fire Chief I

] Post Of fics Box 1 i j Oak Ridge, TN 3783' 1

Ms. Virginia Dale Cha ir Enviroosental Quality Advisory Board  !

Post Of fice Box 1 Oak Ridge TN 37831 4

\ The Hooorable Kenneth E. Yager Roene County Executive Roane County Courthouse P.O. Box 643 Kingston, TN 37763 The Monorable David O. Bolling

County Executive, Anderson County

Courthouse Mein Street I

C11stos, TN 37716 The Honorable Stooley Justice Mayor Post Of fice Box 303 Oliver Springs, TN 37840 Mr. Howard Elliott City Administrator Post office Box 301 Oliver Springs, TN 37840 l