[Federal Register Volume 70, Number 145 (Friday, July 29, 2005)]
[Pages 43906-43908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4066]



[Docket No. 030-36499]

Notice of License Amendment Request for Eastern Technologies, 
Inc.'s Facility in Northumberland, PA and Opportunity to Request a 

AGENCY: Nuclear Regulatory Commission.

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


DATES: A request for a hearing must be filed by September 27, 2005.

FOR FURTHER INFORMATION CONTACT: Donna M. Janda, Division of Nuclear 
Materials Safety, Region I, 475 Allendale Road, King of Prussia, 
Pennsylvania, 19406, telephone (610) 337-5371, fax (610) 337-5269; or 
by e-mail: [email protected].


I. Introduction

    The Nuclear Regulatory Commission (NRC) is considering an amendment 
to Eastern Technologies, Inc., Materials License No. 01-30362-01, to 
change the location of use for operation of a nuclear laundry from 51 
River Road, Berwick, Pennsylvania, the location currently approved on 
the license, to 3114 Point Township Drive, Northumberland, 
Pennsylvania. The licensee never initiated licensed activities at the 
Berwick, Pennsylvania location. The Federal Register Notice regarding 
consideration of the licensee's initial application was previously 

[[Page 43907]]

on March 30, 2004 (Volume 69, Number 61, pages 16613-16614). The 
license, which was initially issued on November 10, 2004, authorizes 
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.
    If the NRC approves the amendment, the approval will be documented 
in an amendment to NRC License No. 01-30362-01. Before approving the 
proposed amendment, the NRC will need to make the findings required by 
the Atomic Energy Act of 1954, as amended, and NRC's regulations. An 
environmental assessment for this licensing action is not required, 
since this action is categorically excluded under 10 CFR 

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on a 
license amendment application. 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.

    \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.

    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 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 
    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.

[[Page 43908]]

    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

    Documents related to this action, including the application for the 
license amendment and supporting documentation, are available 
electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the 
NRC's Agencywide Document Access and Management System (ADAMS), which 
provides text and image files of NRC's public documents. The documents 
currently on file include the Eastern Technologies, Inc. License 
Application dated January 30, 2004 (ADAMS Accession No. ML052020187), 
letters containing additional information to support the license 
application dated June 15, 2004 (ML052020196) and October 1, 2004 
(ML042800481), License Amendment Request dated April 6, 2005 
(ML051220551), and letters containing additional information to support 
the amendment request dated May 26, 2005 (ML052020202), and June 24, 
2005 (ML051790049). Portions of the documents with ADAMS Accession Nos. 
ML052020187, ML052020196, and ML052020202 have been redacted to protect 
information important to security of licensed material. 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].
    Documents related to operations conducted under this license not 
specifically referenced in this Notice may not be electronically 
available and/or may not be publicly available. Persons who have an 
interest in reviewing these documents should submit a request to NRC 
under the Freedom of Information Act (FOIA). Instructions for 
submitting a FOIA request can be found on the NRC's Web site at http://www.nrc.gov/reading-rm/foia/foia-privacy.html.

    Dated at King of Prussia, Pennsylvania this 22nd day of July, 

    For the Nuclear Regulatory Commission.
John D. Kinneman,
Chief, Materials Security & Industrial Branch, Division of Nuclear 
Materials Safety, Region I.
[FR Doc. E5-4066 Filed 7-28-05; 8:45 am]