[Federal Register Volume 70, Number 147 (Tuesday, August 2, 2005)]
[Notices]
[Pages 44396-44397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4105]



[[Page 44396]]

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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-36974]


Notice of License Request for Pa'ina Hawaii, LLC, Irradiator in 
Honolulu, HI and Opportunity To Request a Hearing

AGENCY: U.S. Nuclear Regulatory Commission.

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

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DATES: A request for a hearing must be filed by October 3, 2005.

FOR FURTHER INFORMATION CONTACT: Jack E. Whitten, Chief, Nuclear 
Materials Licensing Branch, Division of Nuclear Materials Safety, 
Region IV, U.S. Nuclear Regulatory Commission, 611 Ryan Plaza Drive, 
Suite 400, Arlington, Texas, 76011, telephone (817) 860-8197, fax (817) 
860-8263: or by e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC or Commission) received 
on June 27, 2005, from Pa'ina Hawaii, LLC, a Hawaiian owned company, an 
application to build and operate a commercial pool type industrial 
irradiator in Honolulu, Hawaii, near the Honolulu International 
Airport. This commercial irradiator will irradiate fresh fruit and 
vegetables bound for the mainland from the Hawaiian Islands, cosmetics, 
and pharmaceutical products. The irradiator will also be used by the 
applicant to conduct research and development projects, and irradiate a 
wide range of other materials as specifically approved by the NRC on a 
case-by-case basis.
    The NRC staff has begun its technical review of the irradiator 
application. Review of the application focuses on the safety, physical 
security, and emergency preparedness aspects of radioactive material 
used in the irradiator in addition to its design and complementing 
radiation safety program as they apply to the safety of employees, the 
public, and the environment. Note that other federal agencies, such as 
the U.S. Food and Drug Administration (FDA) and U.S. Department of 
Agriculture (USDA), are responsible for determining the food types and 
products used for human consumption that may be safely irradiated. In 
addition to satisfying NRC regulations, Pa'ina Hawaii, LLC, must also 
comply with all applicable Federal, State of Hawaii, and municipal 
regulations.
    Before approving the proposed license, 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 the provisions of 10 CFR 51.22(c)(14)(vii).

II. Opportunity To Request a Hearing

    The NRC hereby provides notice that this is a proceeding on a 
license 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.
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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 Pa'ina Hawaii, LLC, P.O. Box 
30542, Honolulu, Hawaii 96820; 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 
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

[[Page 44397]]

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

    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 Pa'ina Hawaii, LLC, License Application 
dated June 23, 2005 (ADAMS Accession No. ML052060372). Persons who do 
not have access to ADAMS or who encounter problems in accessing the 
documents located in ADAMS, should contact the NRC Public Document Room 
(PDR) Reference staff by telephone at (800) 397-4209 or (301) 415-4737, 
or by e-mail to [email protected].
    These documents may also be viewed electronically on the public 
computers located at the NRC's PDR, O 1 F21, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.
    Documents related to this action 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 in Arlington, Texas this 26th day of July, 2005.

    For the Nuclear Regulatory Commission.
Jack E. Whitten,
Chief, Nuclear Materials Licensing Branch, Division of Nuclear 
Materials Safety, Region IV.
[FR Doc. E5-4105 Filed 8-1-05; 8:45 am]
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