[Federal Register Volume 63, Number 218 (Thursday, November 12, 1998)]
[Notices]
[Page 63333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30258]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 30-16055-ML, ASLBP No. 95-707-02-ML]


Atomic Safety and Licensing Board; Advanced Medical Systems, 
Inc.; Order Granting Hearing and Federal Register Notice of Opportunity 
to Intervene

Before Administrative Judges: B. Paul Cotter, Jr., Chairman, Thomas D. 
Murphy, Special Assistant

November 4, 1998.
    On September 28, 1998, the Director of the Office of Nuclear 
Materials Safety and Safeguards of the Nuclear Regulatory Commission, 
notified Seymour Stein, President of Advanced Medical Systems, Inc. 
(AMS), that his firm's application to renew AMS's License No. 34-19089-
01 to possess and use nuclear materials was denied. The stated basis 
for denial was that AMS lacked the requisite financial assurance 
necessary for decommissioning the facility. Pursuant to 10 CFR 2.103, 
the notice granted AMS 20 days to request a hearing to contest the 
denial and stated that if a hearing were to be held, the issue to be 
decided would be:

whether the renewal application complies with the requirements of 10 
CFR 30.35 such that the Licensee's application for renewal of its 
license should be granted.

    By timely motion of October 15, 1998, Mr. Stein, on behalf of AMS, 
requested a hearing to consider whether the AMS renewal application 
complies with the requirements of 10 CFR 30.35. Thereafter, on October 
28, 1998, the undersigned Presiding Officer was appointed to rule upon 
requests for hearing and petitions to intervene in this matter, and, if 
necessary, to conduct an informal adjudicatory hearing.
    Based on the information presented in Staff's September 28, 1998 
letter and AMS's request for hearing, the hearing request is granted. 
AMS is entitled to a hearing under 10 CFR 2.103(b) which extends 
hearing rights to licensees whose license renewal applications have 
been rejected so long as their requests for hearings are timely. This 
hearing is to be conducted under the informal hearing procedures of 10 
CFR Part 2, Subpart L.
    In accordance with 10 CFR 2.1205 (j) and (k) 1 1998, 
persons wanting to intervene in this proceeding, including a State, 
county, municipality, or an agency thereof wishing to participate as an 
interested governmental entity pursuant to 10 CFR 2.1211 (b), must file 
a petition within 30 days of the publication of this notice in the 
Federal Register. A petition to intervene under 10 CFR 2.1205(k) must 
provide the information required by 10 CFR 2.1205(e), including a 
detailed description of the petitioner's interests in the proceeding, 
how its interests may be affected by the proceeding, and its areas of 
concern about the licensing activities which are the subject matter of 
this proceeding. A governmental entity wishing to participate in 
accordance with 10 CFR 2.1211(b) must provide the information required 
by that provision, including a listing of its areas of concern about 
the subject matter of the proceeding.
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    \1\ This rule and all rules governing the proceeding may be 
found at 10 CFR, Part 2, Subpart L and on the Internet at <http://
www.NRC.gov/NRC/ASLBP/part2cfr.txt.
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    It is so ordered.

    Dated: November 4, 1998.
B. Paul Cotter, Jr.,
Administrative Judge.
[FR Doc. 98-30258 Filed 11-10-98; 8:45 am]
BILLING CODE 7590-01-P