[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