ML20151X138
| ML20151X138 | |
| Person / Time | |
|---|---|
| Site: | 05000603 |
| Issue date: | 04/22/1988 |
| From: | Rouse L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | |
| Shared Package | |
| ML20151X111 | List: |
| References | |
| NUDOCS 8805040064 | |
| Download: ML20151X138 (7) | |
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'/590-01 U.S. NUCLEAR REGULATORY COMISSION i
NOTICE OF RECEIPT OF APPLICATION FOR C0'eSTRUCTION PERMIT f
NOTICE OF RECEIPT OF APPLICATION FOR FACILITY OPERATING LICENSE
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NOTICE OF AVAILABILITY OF APPLICANT'S ENVIRONMENTAL REPORT NOTICE OF CONSIDERATION OF ISSUANCE OF CONSTRUCTION PERMIT ANDFAglITYOPERATINGLICENSE AND NOTICE OF OPPORTUNITY Fi'R HEARING !
ALL CHEMICAL ISOTOPE ENRICHMENT, INC. i CENTRIFUGE PLANT DEMONSTRATION FACILITY !
DOCKET NO. 50-603 ,
Notice is hereby given that the U.S. Nuclear Regulatory Commission (the I Comission) has received by letter, dated November 17, 1987, en application, Environmental Report, and Safety Analysis Report from All Chemical Isotope 1 Enrichment, Inc., (A1 Chem!E) for a construction permit and facility operating license to use centrifugal machines to enrich non-radioactive isotopes at the existing Centrifuge Plant Demonstration Facility ((AlChem!E) Facility-1 CPDF),
located at the Oak Ridge Federal reservation in Oak Ridge, Tennessee. The non-radioactive isotopes woulc be used in medit.al, industrial and environmental and energy conservation purposes.
The centrifuge machines A1ChemIE intends to use for enriching stable isotopes will be obtained under an agreertent with the United States Department of Energy. 17,e machines were originally designed and constructed for the Department to enrich uranium. Although AlChemIE inteno's only to enrich stable isotopes and will not enrich uranium, the Atomic Energy Act of .'954, as amended, and the Comission's regulations,10 CFR Part 50, provide that equipment capable of enriching uranium is a production facility requiring a license from the Commission. Such a license would govern possession of the centrifuge machines, but not the enriched stable isotopes produced.
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The applicant has filed, pursuant to the National Environmental Policy Act of 1969 (NEPA) and the regulations of the Commission in 10 CFR Part 51, an environmental report. The report, which discusses environmental considerations related to the proposed operation of the facility, is being made available at the Commission's Public Document Room at 1717 H. Street, NW., Washington, DC.
The NRC will complete an environmental evaluation, in accordance with 10 CFR Part 51, to determine if the preparation of an environmental impact statement is warranted or if an environmental assessment and Finding of No Significant Impact are appropriate. This action will be the subject of a subsequent notice in the FEDERAL REGISTER.
Prior to a decision on the requested construction permit, the Commission l will have made the findings required by the Atomic Energy Act of 1954, as amended l (the Act) and the Commission's rules and regulations, i
Construction Permit I l
Pursuant to the Atomic Energy Act of 1954, as amended (the Act), and the regulations in Title 10, Code of Federal Regulations, Part 50, "Domestic Licensing ;
of Production and Utilization Facilities," Part 51, "Licensing and Regulatory Policy and Procedures for Environmental Protection," and Part 2 "Rules of Practice for Domestic Licensing Proceedings," notice is hereby given that a hearing will be held before an Atomic Safety and Licensing Board, to consider l the application filed under the Act by AlChemIE (the applicant), for a construction I permit for AlChemIE Facility-1 CPDF (the facility), which will operate at the Oak Ridge Federal reservation in Oak Ridge, Tennessee.
The hearing will be conducted by an Atomic Safety and Licensing Boaro (Board), which will be designated by the Chairman of the Atomic Safety and Licensing Board Panel. Notice as to the membership of the Board will be l
published in the FEDERAL REGISTER at a later date. !
l Pursuant to 10 CFR 92.785, an Atomic Safety and Licensing Appeal Board will exercise the authority and the review function which would otherwise be exercised anc prformed by the Commission. Notice as to the membership cf the Appeal Board will be published in the FEDERAL REGISTER at a later date.
3 After the Commission's staff has performed a safety evaluation of the application and an environmental review, the Commission will consider making affir.ntive findings on Items 1 and 2, a negative finding on Item 3, and an affirmative finding on Item 4, specified below, as a basis for the issuance of a construction permit to the applicant.
Construction Permit Issues Pursuant to the Atomic Energy Act of 1954, as Amended
- 1. Whether, in accordance with the provisions of 10 CFR 50.34, the applicant has described the proposed design of the facility including, but not limited to, the principal architectural and engineering criteria for the design, and has identified the major features or corrponents incorporated therein to assure adequate protection of the comneon defense and security.
- 2. Whether the applicant is technically and financially qualified to modify the existing facility in such a way as to assure adequate protection of the common defense and security.
- 3. Whether the issuance of a construction permit authorizing the modification of the facility will be inimical to the common defense and security.
Issue Pursuant to (NEPA)
- 4. Whether, in accordance with the requirements of 10 CFR Part 51, the construction permit and operating license should be issued as proposed.
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If this proceeding is not a contested proceeding, as defined by 10 CFR 62.4(n), the Board will determine the following, without conducting a de novo evaluation of the application: (1) whether the application and the record of ,
the proceeding contain sufficient information and whether the Commission staff's review of the application has been adequate to support the proposed findings to be made by the Director of the Division of Industrial and Medical Nuclear Safety I on Items 1-3 above, and to tupport, insofar as the Commission's licensing requirements under the Act are concerned, the issuance of the construction permit proposed oy the Director of the Division of Industrial and Medical Nuclear Safety; and (2) whether the NEDA review the Commission's staff conducted has been adequate.
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4 If this proceeding becomes a contested proceeding with respect to issues relating to the construction permit, the Board will :onsider and initially decide, as issues in this proceeding, Items 1-4 above, as a basis for determining whether a construction permit should be issued to the applicant.
Operating License This application is complete enough to permit evaluation of the safety and environmental impact of the operation of the facility in the manner proposed. l Therefore, upon completion of the modification of the facility in Oak Ridge, I Tennessee, in compliance with the terms and conditions of the construction permit and the application, as amended, and in the absence of good cause to the contrary, the Commission will issue to the applicant, without additional prior notice, a l
clast,103 facility license authorizing operation of the facility.
Operating License Issue Whether, in accordance with 10 CFR 550.56, an operating license should be issued.
If this proceeding becomes a contested proceeding with respect to issues relating j to the operating license, the Board will make findings of fact and conclusions j of law on those matters specified in 10 CFR 2.760a.
I By IN O I 1988 , the applicant must file an answer to this notice, pursuant to 10 CFR S2.705, and any person whose interest may be affected by this I oroceeding, and who wishes to participate as a party in the proceeding must file a written petition for leave to intervene. Requests for a hearing and petitions l for leave to intervene shall be filed in accordance with the Commission's "Rules of Practice for Domestic Licensing Proceedings" in 10 CFR Part 2. If a request for a hearing or petition for leave to intervene is filed by the above date, the i Commission or an Atomic Safety and Licensing Board designated by the Commission or by the Chairman of the Atomic Safety and Licensing Board Panel, will rule on the request and/or petition, and the Secretary or the designated Atomic Safety and Licensing Board wil; issue a notice of hearing or an appropriate order.
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As required by 10 CFR 2.714, a petition for leave to intervene shall set l 1
forth with particularity the interest of the petitioner in the proceeding, and ;
how that interest may be affected by the results of the proceeding. The petition should specifically explain the reasons why intervention should be permitted with partietlar reference to the following factors: (1) the nature of the petitioner's right under the Act to be made a party to the proceeding; (2) the ,
nature and extent of the petitioner's property, financial or other interest in the proceeding; and (3) the possible effect of any order which may be entered in the proceeding on the petitioner's interest. The petition should also j I
identify the specific aspect (s) of the subject matter of the proceeding as to which petitioner wishes to intervene, and shall specify whether such aspect relates to the construction permit or to the operating license or to both. Any person who has filed a petition for leave to intervene or who has been admitted as a party may amend the petition without requesting leave of the Board, up to fifteen (15) days before the first prehearing conference scheduled in the proceeding, but such an amended petition must satisfy the specificity requirements described above.
I Not later than fifteen (15) day before the special prehearing conference, if one is held, or, if not, fifteen (15) days before the first prehearing conference scheduled in the proceeding, a petitioner shall file a supplement to the petition to intervene which must include a list of the contentions which are sought to be litigated in the matter, and the bases for each contention, set forth with reasonable specificity. Contentions shall be limited to matters within the scope of the issues set forth in this notice.
A petitioner who fails to file such a supplement which satisfies these requirements with respect to at least one contention will not be permitted to participate as a party.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing, including the opportunity to present evidence and cross-examine witnesses.
The Board will set the time and place for any special prehearing conference, prehearing conferences and evidentiary hearing, and the respective notices will be published in the FEDERAL REGISTER.
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6 Any person who does not wish, or is not qualified, to become a party to this proceeding may request permission to make a limited appearance pursuant to the provisions of 10 CFR S2.715. A person making a limited appearance may make an oral or written statement of position on the issues. A limited appear-ance may be made at any session of the hearing or at any prehearing conference, subject to such limits and conditions as may be imposed by the Board, Persons desiring to make a limited appearance are requested to inform the Secretary of the Commission within 60 days of the date of publication of this Notice.
Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and hav< the ;
opportunity to present evidence and cross-examine witnesses.
Non-timely filings of petitions for leave to intervene, amended petitions, supplemental petitions, and/or requests for hearing will not be entertained I absent a determination by the Commission, the presiding officer or the Atomic Safety and Licensing Board that the petition and/or request should be granted based upon a balancing of the factors specified in 10 CFR 62.714(a)(1)(i)-(v) and $2.714(d).
A re uest for a hearing or a petition for leave to intervene shall be filed by AY 0160 with the Secretary of the Commission, United States Nuclear Regulatory Commission, Washington, DC 20555, Attention: Docketing and Service Branch, or may be delivered to 11555 Rockville Pike (One White l
Flint North), Rockville, MD, or to the Commission's Public Document Room, 1717 l H Street, NW., Washington, OC, by the above date. At times when petitions are filed during the last ten (10) days of the notice period, it is requested that i the petitioner promptly so inform the Commission by a toll-free telephone call to Western Union at 1-800-325-6000 (in Missouri 1-800-342-6700). The Western Union operator should be given Datagram Identification Number 3737 and the following message addressed to Richard E. Cunningham, Director, Division of Industrial and Medical Nuclear Safety, Office of Nuclear Material Safety and Safeguards, Washington, OC 20555: Petitioner's name and telephone number; date petition was mailed; plant name; and publication date and page number of the FEDERAL REGISTER notice. A copy of the petition should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, OC 20555 and to Stephen A. Irving, Esq., Rt. 7 Dixon Road, Lenoir City, Tennessee, 37771, attorney for the applicant.
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- For further details, see the application for a construction permit dated November 17, 1987, and the applicant's environmental report dated November 1, 1987, which, along .vith any amendments or supplements thereto, are or will be available for public inspection at the Commission's Public Document Room, 1717 H Street, NW., Washington, DC, between the hours of 7:45 a.m. and 4: 15 p.m.
on weekdays. As they become available, a copy of the safety evaluation report by the Commission's staff, the environmental assessment, the proposed construction permit, the transcripts of the prehearing conferences and of the hearing, and other relevant documents, will also be available at the above location. Copies of the proposed construction permit may be obtained, when available, by request to the Director, Division of Industrial and Medical Nuclear Safety, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Copies of the Commission's s'aff safety evaluation report and environmental assessment, when available, may be purchased at current rates, from the National Technical Information Service, Department of Commerce, 5285 Port Royal Road, Springfield, Virginia 22161.
Dated at Rockville, Maryland, this 12 day of April 1988.
FOR THE NUCLEAR REGULATORY COMISSION
., l Leland C, Rouse, Chief Fuel Cycle Safety Branch Division of Industrial and Medical Nuclear Safety t
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