[Federal Register Volume 69, Number 61 (Tuesday, March 30, 2004)]
[Notices]
[Pages 16613-16614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7030]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-36499]


Notice of Application for a License for Eastern Technologies, 
Inc., Berwick, PA and Opportunity To Request a Hearing

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of consideration of a new license application request 
and opportunity to request a hearing.

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DATES: A request for a hearing must be filed by June 1, 2004.

FOR FURTHER INFORMATION CONTACT: Donna M. Janda, Division of Nuclear 
Materials Safety, U.S. Nuclear Regulatory Commission, Region I, 475 
Allendale Road, King of Prussia, Pennsylvania 19406; telephone (610) 
337-5371 or e-mail [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering an 
application for a new license from Eastern Technologies, Inc. to 
operate a nuclear laundry at the licensee's facility located at 51 
River Road, Berwick, Pennsylvania. The license would authorize the 
collection, laundering, and decontamination of contaminated clothing 
and other launderable non-apparel items; collection and decontamination 
of respirators and other items that are used in conjunction with a 
protective clothing program; and for the possession of contaminated 
equipment in the licensee's portable laundry unit.

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on an 
application for a new license. In accordance with the general 
requirements in Subpart C of 10 CFR Part 2,\1\ ``Rules of General 
Applicability; Hearing Requests, Petitions to Intervene, Availability 
of Documents, Selection of Specific Hearing Procedures, Presiding 
Officer Powers, and General Hearing Management for NRC Adjudicatory 
Hearings,'' any person whose interest may be affected by this 
proceeding and who desires to participate as a party must file a 
written request for a hearing and a specification of the contentions 
which the person seeks to have litigated in the hearing.
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    \1\ The references to 10 CFR Part 2 in this notice refer to the 
amendments to the NRC Rules of Practice, 69 FR 2182 (January 14, 
2004), codified at 10 CFR Part 2.
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    In accordance with 10 CFR 2.302 (a), a request for a hearing must 
be filed with the Commission either by:
    1. First class mail addressed to: Office of the Secretary, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications;
    2. Courier, express mail, and expedited delivery services: Office 
of the Secretary, Sixteenth Floor, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852, Attention Rulemakings and 
Adjudications Staff between 7:45 a.m. and 4:15 p.m., Federal workdays;
    3. E-mail addressed to the Office of the Secretary, U.S. Nuclear 
Regulatory Commission, [email protected]; or
    4. By facsimile transmission addressed to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 
Attention: Rulemakings and Adjudications Staff, at (301) 415-1101; 
verification number is (301) 415-1966.
    In accordance with 10 CFR 2.302 (b), all documents offered for 
filing must be accompanied by proof of service on all parties to the 
proceeding or their attorneys of record as required by law or by rule 
or order of the Commission, including:
    1. The applicant, by delivery to Eastern Technologies, Inc., P.O. 
Box 409, Ashford, Alabama 36312; and,
    2. The NRC staff, by delivery to the Office of the General Counsel, 
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852, or by 
mail addressed to the Office of the General Counsel, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Hearing requests 
should also be transmitted to the Office of the General

[[Page 16614]]

Counsel, either by means of facsimile transmission to (301) 415-3725, 
or by e-mail to [email protected].
    The formal requirements for documents are contained in 10 CFR 2.304 
(b), (c), (d),and (e), and must be met. However, in accordance with 10 
CFR 2.304 (f), a document filed by electronic mail or facsimile 
transmission need not comply with the formal requirements of 10 CFR 
2.304 (b), (c), and (d), if an original and two (2) copies otherwise 
complying with all of the requirements of 10 CFR 2.304 (b), (c), and 
(d) are mailed within two (2) days thereafter to the Secretary, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: 
Rulemakings and Adjudications Staff.
    In accordance with 10 CFR 2.309 (b), a request for a hearing must 
be filed within 60 days of the date of publication of this Federal 
Register notice.
    In addition to meeting other applicable requirements of 10 CFR Part 
2 of the NRC's regulations, the general requirements involving a 
request for a hearing filed by a person other than an applicant must 
state:
    1. The name, address and telephone number of the requestor;
    2. The nature of the requestor's right under the Act to be made a 
party to the proceeding;
    3. The nature and extent of the requestor's property, financial or 
other interest in the proceeding;
    4. The possible effect of any decision or order that may be issued 
in the proceeding on the requestor's interest; and
    5. The circumstances establishing that the request for a hearing is 
timely in accordance with 10 CFR 2.309 (b).
    In accordance with 10 CFR 2.309 (f)(1), a request for hearing or 
petitions for leave to intervene must set forth with particularity the 
contentions sought to be raised. For each contention, the request or 
petition must:
    1. Provide a specific statement of the issue of law or fact to be 
raised or controverted;
    2. Provide a brief explanation of the basis for the contention;
    3. Demonstrate that the issue raised in the contention is within 
the scope of the proceeding;
    4. Demonstrate that the issue raised in the contention is material 
to the findings that the NRC must make to support the action that is 
involved in the proceeding;
    5. Provide a concise statement of the alleged facts or expert 
opinions which support the requestor's/petitioner's position on the 
issue and on which the requestor/petitioner intends to rely to support 
its position on the issue; and
    6. Provide sufficient information to show that a genuine dispute 
exists with the applicant on a material issue of law or fact. This 
information must include references to specific portions of the 
application that the requestor/petitioner disputes and the supporting 
reasons for each dispute, or, if the requestor/petitioner believes the 
application fails to contain information on a relevant matter as 
required by law, the identification of each failure and the supporting 
reasons for the requestor's/petitioner's belief.
    In addition, in accordance with 10 CFR 2.309 (f)(2), contentions 
must be based on documents or other information available at the time 
the petition is to be filed, such as the application or other 
supporting documents filed by the applicant, or otherwise available to 
the petitioner. Contentions may be amended or new contentions filed 
after the initial filing only with leave of the presiding officer.
    Requestors/petitioners should, when possible, consult with each 
other in preparing contentions and combine similar subject matter 
concerns into a joint contention, for which one of the co-sponsoring 
requestors/petitioners is designated the lead representative. Further, 
in accordance with 10 CFR 2.309 (f)(3), any requestor/petitioner that 
wishes to adopt a contention proposed by another requestor/petitioner 
must do so in writing within ten days of the date the contention is 
filed, and designate a representative who shall have the authority to 
act for the requestor/petitioner.
    In accordance with 10 CFR 2.309 (g), a request for hearing and/or 
petition for leave to intervene may also address the selection of the 
hearing procedures, taking into account the provisions of 10 CFR 2.310.

III. Further Information

    In accordance with 10 CFR 2.390 of the NRC's ``Rules of Practice,'' 
details with respect to this action, including the license application 
by Eastern Technologies, Inc. and related documents are available for 
inspection and copying for a fee at the Region I Office, 475 Allendale 
Road, King of Prussia, PA 19406. These documents are also available for 
inspection at NRC's Public Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. The only document currently on file 
is the Eastern Technologies, Inc. License Application dated January 30, 
2004 (ADAMS Accession No. ML040510525). This document may also be 
viewed electronically on the public computers located at the NRC's 
Public Document Room (PDR), O-1 F21, One White Flint North, 11555 
Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor 
will copy documents for a fee. Persons who do not have access to ADAMS 
or who encounter problems in accessing the documents located in ADAMS, 
should contact the NRC PDR Reference staff by telephone at (800) 397-
4209 or (301) 415-4737, or by e-mail to [email protected].

    Dated at King of Prussia, Pennsylvania, this 23rd day of March, 
2004.

    For the Nuclear Regulatory Commission.
John D. Kinneman,
Chief, Nuclear Materials Safety Branch 2, Division of Nuclear Materials 
Safety, Region I.
[FR Doc. 04-7030 Filed 3-29-04; 8:45 am]
BILLING CODE 7590-01-P