ML20197E374
| ML20197E374 | |
| Person / Time | |
|---|---|
| Site: | 05000604 |
| Issue date: | 05/31/1988 |
| From: | Cody W, Scanlon F, Walkup J TENNESSEE, STATE OF |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#288-6449 CP, NUDOCS 8806080290 | |
| Download: ML20197E374 (6) | |
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e, UNITED STATES OF AMERICA 000KEJE0 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENfING BOARD
'88 J01 -3 A8 :59 IN RE: )
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- ALL CHEMICAL ISOTOPE } Docket kr[.CKg t 'g {f.!'VIII ENRICHMENT, INCORPORATED, }
ALCHEMIE FACILITY - 2, }
OLIVER SPRINGS, TENNESSEE }
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REQUEST OF THE STATE OF TENNESSEE TO PARTICIPATE AS AN INTERESTED STATE PURSUANT TO 10 C.F.R. S 2.715(c)
The State of Tennessee, on behalf of the Commission 4r of the Tennessee Department of Health and Environment, by and through the Office of the Attorney General for the State of Tennessee, respectfully requests that it be allowed to participate in this proceeding as an interested State in accordance with 10 C.F.R. S 2.715(c). In support of this request, the State of Tennessee states as follows:
- 1. This matter and a companion case, Docket .
No. 50-603, involve applications by All Chemical Isotope Enrichment, Inc. (AlChemIE) for a construction permit to use centrifugal machines to enrich non-radioactive isotopes at two locations in Tennessee. One location is at the AlChemIE Facility at Oliver Springs, Tennessee. The other is the Plant Demonstration Facility {(AlChemIE) Facility-1 CPDF} located at the Oak Ridge Federal reservation in Oak Ridge, Tennessee. The 8806000290 080531 PDR ADOCK 05000604 G
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.non-radioactive isotopes produced by the applicant are to be used for medical, industrial, environmental and energy purposes. Although A1ChemIE will not produce any constituents subject to the jurisdiction of the Commission, the equipment to be used by AlChemIE is subject to licensure because of its capability to enrich uranium.
- 2. The "Radiological Health Service Act", T.C.A.
SS 68-23-201, et agg. establishes a comprehensive scheme for the regulation in Tennessee, inter alia, of radiation sources and materials. Implementation of the provisions of the Act is the responsibility of the Commissioner of the Tennessee Department of Health and Environment who is authorized to establish within the Department a Division of Radiological i Health. T.C.A. S 68-23-203(a). Under T.C.A.
S 68-23-206(a)(3), the Commissioner is further authorized to promulgate rules and regulations relative to:
Requirements and procedures governing application for and issuance, renewal, modification, suspension, revocation or denial of licenses to persons who use, receive, possess, store, or dispose of by-product, source and special nuclear, and other radioactive sources. . ..
1 In carrying out his responsibilities under the Act, the l Commissioner is specifically authorized to cooperate with other i
governmental entities, including federal agencies, to ensure the health and well being of the citizens of Tennessee.
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- 3. The staff of the Division of Radiological Health has' reviewed carefully the Federal Register Notices of the pending AlChemIE applications, the Environmental Reports and preliminary Safety Analysis Reports for the Oak Ridge and Oliver Springs facilities. Based upon this review, the State of Tennessee does not oppose, at this time, the applications of A1ChemIE. It does, however, have concerns that certain aspects of the proposed AlchemIE operations may be subject to regulation by the Division of Radiological Health under the "Radiological Health Service Act", aunIA.
- 4. At this time, the State of Tennessee has two concerns not addressed in the documents reviewed, to date, by the Division of Radiological Health. First, it appears entirely possible that the centrifuge machines proposed for use by AlChemIE may contain low levels of uranium not subject to regulation by the Commission, but subject to regulation by the State of Tennessee. See, T.C.A. S 68-23-202(10). Second, the process proposed by AlChemIE has the potential for enhancing naturally-occurring radioactive material as a product. If l either of these two possibilities should occur, then AlChemIE must be licensed by the State of Tennessee.
- 5. It is the intent and desire of the State of Tennessee to coordinate any regulatory responsibility it may have over A1ChemIE with the Commission. This will ensure the l _3_
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s proper execution of each agencies responsibilities. To that end, the State of Tennessee believes-that the nature and extent of its regulation of A1ChemIE, if any, should be addressed by the Commission prior to issuing a license to A1ChemIE.
1 Accordingly, the State of Tennessee, on behalf of the Commissioner of the State of Tennessee Department of Health and Environment, by and througli the Of fice of the Attorney General 4
for the State of Tennessee, respectfully requests:
- 1. That it be afforded a reasonable opportunity to participate in Commission proceedings in this matter under 10 C.F.R. S 2.715(c).
- 2. That it be given timely and adequate notice of each filing made and proceeding held in this matter with an opportunity to make an appropriate response to each. Said notice being given to:
Charles P. West, Assistant Director Division of Radiological Health Tennessee Department of Health and Environment TERRA Building 150 9th Avenue, North Nashville, Tennessee 37219-5404
- 3. That it be allowed to make such inquiries of A1ChemIE as necessary to determine whether or not the company is subject to regulation under Tennessee law.
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- 4. That it be afforded all other rights and opportunities to which it is entitled under 10 C.F.R.
S 2.715(c).
Respectfully submitted,
. J. MICHAEL CODY Atto ey General and Reporter JO KNOX WALKUP efDeputyAttorneyGe\neral
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n RANK J. %CANLON
[DepittyAttorneyGeneral 450 James Robertson Parkway Nashville, Tennessee 37219 (615) 741-1963 l
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CERTIFICATE OF SERVICE I hereby certify that a true and exact copy of the foregoing Request of the State of Tennessee to Participate as an Interested State Pursuant to 10 C.F.R. S 2.715(c) has oeen forwarded to the below-listed via first-class U.S. Mail, postage prepaid, on this the b day of CA.M / , 1988:
6 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. Oscar H. Paris Atomic Safety and Licensing Board Panel United States Nuclear Regulatory Commission Washington, D.C. 20555 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 Attorney at Law Route #7 Dixon Road Lenoir City, Tennessee 37771 Docketing Service Section Office of the Secretary United States Nuclear Regulatory Commission Washington, D.C. 20555 RANK J. S(MLON Deputy AttMney General
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