[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Notices]
[Pages 58390-58391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28833]



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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-31765-CivP EA 94-006 ASLBP No. 95-708-01-CivP]


Atomic Safety and Licensing Board; In the Matter of Oncology 
Services Corporation (Harrisburg, Pennsylvania, Byproduct Materials 
License No. 37-28540-01); Notice of Hearing (Staff Order Imposing Civil 
Monetary Penalties)

November 20, 1995.
    Before Administrative Judges: G. Paul Bollwerk, III, Chairman, 
Dr. George C. Anderson, Dr. A. Dixon Callihan.

    On April 24, 1995, the NRC staff issued an order imposing civil 
penalties in the amount of $280,000 on Oncology Services Corporation 
(OSC) for alleged regulatory violations relating to activities under 
Byproduct Materials License No. 37-28540-01. (60 Fed. Reg. 21,560.) 
That license authorized OSC to possess and use certain byproduct 
materials under specified conditions at six facilities in 
Pennsylvania.\1\ The violations at issue were identified during a 
December 3-18, 1992 NRC inspection regarding a November 1992 
misadministration incident at OSC's Indiana (Pennsylvania) Regional 
Cancer Center, and December 8, 1995 inspections of OSC facilities in 
Exton and Lehighton, Pennsylvania.

    \1\ License No. 37-28540-01 was due to expire on August 31, 
1995. On December 13, 1993, OSC requested that license be terminated 
and replaced with individual licenses issued to the facilities named 
as locations of use on that license. On August 24, 1994, License No. 
37-28540-01 was terminated and the agency subsequently issued 
separate licenses for five of the six facilities. See Oncology 
Servs. Corp., LBP-94-29, 40 NRC 123, 124 n.1 (1994).
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    The April 1994 order provided that on or before May 24, 1995, OSC 
could submit a request for a hearing regarding the staff's civil 
penalty determination. On May 18, 1995, OSC filed a timely hearing 
request regarding the civil penalty order. The Commission referred 
OSC's submission to the Atomic Safety and Licensing Board Panel on May 
25, 1995, for the appointment of a presiding officer to conduct any 
necessary proceedings. On May 30, 1995, the Acting Chief Administrative 
Judge of the Panel appointed this Atomic Safety and Licensing Board 
pursuant to the Commission's referral. (60 Fed. Reg. 29,901.) The Board 
consists of Dr. George C. Anderson, Dr. A. Dixon Callihan, and G. Paul 
Bollwerk, III, who will serve as Chairman of the Board.
    Pursuant to the Board's June 12, 1995 initial prehearing order, on 
August 23, 1995, OSC and the staff submitted a prehearing report in 
which they individually or jointly identified some 259 ``central'' 
issues for litigation in this proceeding. Two days later, OSC filed a 
motion with the Board requesting that the proceeding be stayed pending 
the resolution of an open staff investigation of OSC, the termination 
of which OSC asserted could result in settlement of this proceeding. 
The staff opposed OSC's stay request. After entertaining party 
arguments on the motion during an October 11, 1995 prehearing 
conference, by unpublished memorandum and order issued October 30, 
1995, the Board denied the stay request and established a schedule for 
filing prediscovery dispositive motions regarding the ``central'' 
litigation issues identified by the parties.
    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 procedures set forth in 10 C.F.R. Part 
2, Subpart G (10 C.F.R. 2.700-.790).
    During the course of this proceeding, the Board may hold additional 
prehearing conferences or oral arguments, as provided in 10 C.F.R. 
2.752, 2.755. The public is invited to attend any prehearing conference 
or oral argument, as well as any evidentiary hearing that may be held 
pursuant to 10 C.F.R. 2.750-.751. The Board will establish the 
schedules for 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 C.F.R. 2.715(a), any person not a party to 
this 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 the 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. 

[[Page 58391]]

    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 20037.

    Dated: November 20, 1995.

    For the Atomic Safety and Licensing Board.
G. Paul Bollwerk, III,
Chairman, Administrative Judge.
[FR Doc. 95-28833 Filed 11-24-95; 8:45 am]
BILLING CODE 7590-01-P