[Federal Register Volume 59, Number 25 (Monday, February 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2664]


[[Page Unknown]]

[Federal Register: February 7, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-31765-EA, EA 93-006, ASLBP No. 93-674-03-EA]

 

Atomic Safety and Licensing Board; Oncology Services Corporation

(Order Suspending Byproduct Material License No. 37-28540-01); 
Hearing (Staff Order Suspending License Effective Immediately)

February 1, 1994.
    Before Administrative Judges: G. Paul Bollwerk, III, Chairman, 
Dr. Charles N. Kelber, Dr. Peter S. Lam.

    On January 20, 1993, the NRC staff issued an immediately effective 
order suspending Byproduct Materials License No. 37-28540-01. (58 FR 
6825). That license authorizes Oncology Services Corporation (OSC) to 
use sealed-source iridium-192 for high dose rate (HDR) human 
brachytherapy treatments in six OSC facilities in Pennsylvania. As 
justification for the order, the staff cited a number of circumstances 
that it asserted demonstrated ``a significant corporate management 
breakdown in the control of licensed activities'' (58 FR at 6826), 
including a November 1992 incident at OSC's Indiana (Pennsylvania) 
Regional Cancer Center in which a patient given an HDR brachytherapy 
treatment was returned to her nursing home with a iridium-192 source 
mistakenly still inside her body.
    The January 1993 order provided that on or before February 20, 
1993, licensee OSC or any other person adversely affected by the order 
could submit an answer to the order, which could include a request for 
a hearing. On February 2, 1993, OSC filed a request for a hearing 
regarding the order. The Commission referred this submission to the 
Atomic Safety and Licensing Board Panel on February 5, 1993, for the 
appointment of a presiding officer to conduct any necessary 
proceedings. On February 10, 1993, the Chief Administrative Judge of 
the Panel appointed this Atomic Safety and Licensing Board pursuant to 
the Commission's referral. (58 FR 9224). The Board consists of Dr. 
Charles N. Kelber, Dr. Peter S. Lam, and G. Paul Bollwerk, III, who 
will serve as Chairman of the Board.
    On February 23, 1993, the staff filed the first of a series of 
motions asking for a delay of the proceeding so as not to interfere 
with various ongoing investigations relating to some of the 
circumstances forming the basis for the suspension order. Acting on 
these requests, the Board delayed the beginning of discovery by the 
parties through early December 1993. See LBP-93-6, 37 NRC 207, vacated 
in part as moot, CLI-93-17, 38 NRC 44 (1993); LBP-93-10, 37 NRC 455, 
aff'd, CLI-93-17, 38 NRC 44, (1993); LBP-93-20, 38 NRC 130 (1993). By 
letter dated November 16, 1993, the staff informed the Board that it 
would not request any further delays in the proceeding as a result of 
the investigations. As a consequence, on January 26, 1994, the Board 
conducted a prehearing conference. Thereafter, on February 1, 1994, the 
Board issued an unpublished prehearing conference order in which it 
ruled on various discovery and scheduling matters.
    Please take notice that a hearing will be conducted in this 
proceeding. The parties to the hearing are the NRC staff and OSC. The 
hearing will be governed by the hearing procedures set forth in 10 CFR 
part 2, subpart G (10 CFR 2.700-.790).
    During the course of the proceeding, the Board may conduct an oral 
argument, as provided in 10 CFR 2.755, and may hold additional 
prehearing conferences pursuant to 10 CFR 2.752. The public is invited 
to attend any oral argument or prehearing conference, as well as any 
evidentiary hearing, which may be held pursuant to 10 CFR 2.750-.751. 
The Board will establish the schedules for any such sessions at a later 
date, through notices to be published in the Federal Register and/or 
made available to the public at NRC Public Document Rooms.
    In accordance with 10 CFR 2.715(a), any person, not a party to the 
proceeding, may submit a written limited appearance statement setting 
forth his or her position on the issues in this proceeding. These 
statements do not constitute evidence but may assist the Board and/or 
parties in the definition of the issues being considered. Written 
limited appearance statements should be sent to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
Attention: Docketing and Service Branch. A copy of the statement also 
should be served on the Chairman of the Atomic Safety and Licensing 
Board. The Board will make a determination at a later date whether oral 
limited appearance statements will be entertained.
    Documents relating to this proceeding are available for public 
inspection at the Commission's Public Document Room, the Gelman 
Building, 2120 L Street, NW., Washington, DC 20555.

    Dated: Bethesda, Maryland, February 1, 1994.

    For the Atomic Safety and Licensing Board.
G. Paul Bollwerk, III,
Chairman, Administrative Judge.
[FR Doc. 94-2664 Filed 2-4-94; 8:45 am]
BILLING CODE 7590-01-M