[Federal Register Volume 68, Number 214 (Wednesday, November 5, 2003)]
[Notices]
[Pages 62638-62639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27806]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 30-36239-ML and ASLBP No. 03-814-01-ML]
Atomic Safety and Licensing Board Panel; In the Matter of CFC
Logistics, Inc. (Materials License); Notice of Hearing and of
Opportunity To Petition for Leave To Intervene or To Participate as an
Interested Governmental Entity
October 30, 2003.
Before Administrative Judges: Michael C. Farrar, Presiding
Officer; Dr. Charles N. Kelber, Special Assistant.
In this proceeding, certain named residents of the Quakertown,
Pennsylvania area requested a hearing to challenge the application of
CFC Logistics, Inc., for an NRC license to operate a cobalt-60
irradiator at the CFC food processing warehouse not far from their
residences. By Memorandum and Order issued July 7, 2003, the Commission
referred the hearing 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 on the pending matter.
The above-named Presiding Officer and Special Assistant were
appointed on July 14, 2003. See 68 FR 42,785-86 (July 18, 2003). The
NRC Staff issued CFC the requested license on August 27, 2003, subject
to the outcome of this adjudicatory proceeding. By Memorandum and Order
(LBP-03-20) issued on October 29, 2003, the Presiding Officer granted
the 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 2.1201-63). The parties currently designated as
participating in this proceeding are three of the Quakertown residents
(Andrew Ford, Kelly Helt and Tom Helt) and CFC Logistics, with the
precise role of the NRC Staff not yet defined. The hearing will begin
with written evidentiary presentations, at a time yet to be determined,
on those ``areas of concern'' advanced by the residents and found
``germane'' in the Presiding Officer's October 29 decision. Oral
presentations will be at the Presiding Officer's discretion, if needed
to create an adequate record for decision. 10 CFR 2.1235.
Further, in accordance with 10 CFR 2.1205(j), (k) and 2.1211(b),
please take
[[Page 62639]]
notice of the opportunity, within thirty (30) days from the date of
publication of this notice of hearing in the Federal Register, for (1)
any person whose interest may be affected by this proceeding to file a
petition for leave to intervene; and for (2) any interested
governmental entity to file a request to participate. The following
criteria govern those two categories:
[sbull] 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 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 application/
license; and (4) the circumstances establishing that the petition to
intervene is timely in accordance with 10 CFR 2.1205(d).
[sbull] Under 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 CFC activity that is the
subject of the application/license.
All prospective participants should be aware that, pursuant to 10
CFR 2.1205(n), the Presiding Officer may take steps ``in the interest
of avoiding repetitive factual presentations and argument'' at the
hearing, and thus will likely consider consolidating presentations by
parties having similar concerns.
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 (Attention:
Docketing and Service Branch), U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001. Two copies of the statement should also be
served on the Office of the Atomic Safety and Licensing Board Panel at
the same NRC/DC address.
In his October 29, 2003 Order, the Presiding Officer directed that
on or before Friday, November 28, 2003, the NRC Staff prepare and
submit the hearing file for this proceeding. Once the hearing file is
received and any needed prehearing conferences are held, the Presiding
Officer will, pursuant to 10 CFR 2.1233, establish a schedule for the
filing of written presentations by the above-named residents and by CFC
(and perhaps by the NRC Staff), which presentations 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, the Presiding Officer
may, pursuant to 10 CFR 2.1233(a), 2.1235, 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 at NRC Headquarters
in Rockville, Maryland. Additionally, documents 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/reading-rm/adams.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
NRC hearing process page at http://www.nrc.gov/what-we-do/regulatory/adjudicatory/hearing-pro.html.
Dated: Rockville, Maryland, October 30, 2003.
By the Presiding Officer.
Michael C. Farrar,
Administrative Judge.
[FR Doc. 03-27806 Filed 11-4-03; 8:45 am]
BILLING CODE 7590-01-P