[Federal Register Volume 65, Number 136 (Friday, July 14, 2000)]
[Notices]
[Pages 43789-43790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-17882]


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NUCLEAR REGULATORY COMMISSION

[Docket No. SSD 99-27 ASLBP No. 00-778-06-ML]


Atomic Safety and Licensing Board Panel; Notice of Hearing and of 
Opportunity to Petition for Leave To Intervene or To Participate as an 
Interested Governmental Entity (Denial of Sealed Source Registration 
Application)

July 10, 2000.

    Before Administrative Judges: G. Paul Bollwerk, III, Presiding 
Officer, Frederick J. Shon, Special Assistant
    In the Matter of Graystar, Inc., (Suite 103, 200 Valley Road, 
Mt. Arlington, NJ 07856)

    In this proceeding, GrayStar, Inc., (GrayStar) has requested a 
hearing to challenge the NRC staff's May 24, 2000 determination denying 
the request of GrayStar, as set forth in its April 19, 1999 application 
and September 27, 1999 letter, to register the Model GS-42 sealed 
source and the Model 1 irradiator. By memorandum and order issued June 
13, 2000, the Commission referred the GrayStar request to the Atomic 
Safety and Licensing Board Panel's Chief Administrative Judge for 
appointment of a Presiding Officer to conduct a 10 CFR Part 2, Subpart 
L informal adjudicatory proceeding relative to the GrayStar request. 
See CLI-00-10, 51 NRC ____ (Jun. 13, 2000). This Presiding Officer and 
Special Assistant were appointed on June 16, 2000. See 65 FR 38,867 
(2000). By memorandum and order issued this date, the Presiding Officer 
has granted the GrayStar hearing request.
    In light of the foregoing, please take notice that a hearing will 
be conducted in this proceeding. As noted above, this hearing will be 
governed by the informal hearing procedures set forth in 10 CFR Part 2, 
Subpart L (10 CFR 2.1201-.1263) and the parties currently designated in 
this proceeding are GrayStar and the staff.
    Further, in accordance with 10 CFR 2.1205(j), please take notice 
that within thirty days from the date of publication of this notice of 
hearing in the Federal Register (1) any person whose interest may be 
affected by this proceeding may file a petition for leave to intervene; 
and (2) any interested governmental entity may file a request to 
participate in this proceeding in accordance with 10 CFR 2.1211(b). Any 
petition for leave to intervene must set forth the information required 
by 10 CFR 2.1205(e), including a detailed description of (1) the 
interest of the petitioner in the proceeding; (2) how that interest may 
be affected by the

[[Page 43790]]

results of the proceeding, including the reasons why the petitioner 
should be permitted to intervene with respect to the factors set forth 
in 10 CFR 2.1205(h); (3) the petitioner's areas of concern regarding 
the staff's May 24, 2000 denial of GrayStar's registration application; 
and (4) the circumstances establishing that the petition to intervene 
is timely in accordance with 10 CFR 2.1205(d). In accordance with 10 
CFR 2.1211(b), any request to participate by an interested governmental 
entity must state with reasonable specificity the requestor's areas of 
concern regarding the staff's May 24, 2000 denial of GrayStar's 
registration application.
    In addition, pursuant to 10 CFR 2.1211(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 
Presiding Officer and/or parties in the definition of the issues being 
considered. Persons wishing to submit a written limited appearance 
statement should send it to the Office of the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC. 20555-0001, Attention: Docketing 
and Service Branch. A copy of the statement also should be served on 
the Presiding Officer and the Special Assistant.
    In the initial order issued this date, the Presiding Officer 
directed that on or before Tuesday, August 1, 2000, the staff shall 
file the hearing file for this proceeding. Once the hearing file is 
received, pursuant to 10 CFR 2.1233 the Presiding Officer will 
establish a schedule for the filing of written presentations by 
GrayStar and the staff, which may be subject to supplementation to 
accommodate the grant of any intervention petition or request to 
participate by an interested governmental entity. After receiving the 
parties' written presentations, pursuant to 10 CFR 2.1233(a), 2.1235, 
the Presiding Officer may submit written questions to the parties or 
any interested governmental entity or provide an opportunity for oral 
presentations by any party or interested governmental entity, which may 
include oral questioning of witnesses by the Presiding Officer.
    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. Additionally, documents 
relating to this proceeding submitted after November 1, 1999, are 
available electronically through the NRC's Agencywide Documents Access 
and Management System (ADAMS), with access to the public through the 
NRC's Internet Web site Public Electronic Reading Room link at http://www.nrc.gov/NRC/ADAMS/index.html>. Also, general information regarding 
the conduct of agency adjudicatory proceedings, including the 
provisions of 10 CFR Part 2, Subpart L, can be found by accessing the 
Atomic Safety and Licensing Board Panel's Web site at http://www.nrc.gov/NRC/ASLBP/homepage.html>.

    By the Presiding Officer *.

    Dated: Rockville, Maryland, July 10, 2000.
G. Paul Bollwerk, III,
Administrative Judge.
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    * Copies of this memorandum and order were sent this date by 
Internet e-mail transmission to counsel for (1) GrayStar; and (2) 
the staff.
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[FR Doc. 00-17882 Filed 7-13-00; 8:45 am]
BILLING CODE 7590-01-P