[Federal Register Volume 71, Number 84 (Tuesday, May 2, 2006)]
[Notices]
[Page 25862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-6621]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 30-36974-ML; ASLBP No. 06-843-01-ML]


Atomic Safety and Licensing Board; Before Administrative Judges: 
Thomas S. Moore, Chairman, Dr. Paul Abramson, Dr. Anthony J. Baratta; 
In the Matter of Pa'ina Hawaii, LLC (Material License Application); 
Notice of Hearing

April 26, 2006.
    This proceeding involves the application by Pa'ina Hawaii, LLC, 
submitted on June 27, 2005, for a possession and use materials license 
to build and operate a commercial pool-type industrial irradiator using 
a cobalt-60 source at the Honolulu International Airport.\1\ In 
response to the August 2, 2005, Notice of Opportunity for Hearing 
published at 70 FR 44,396 (August 2, 2005), the Petitioner, Concerned 
Citizens of Honolulu, on October 3, 2005, timely filed a request for a 
hearing. Thereafter, on October 13, 2005, this Atomic Safety and 
Licensing Board was established by the Commission to preside over the 
proceeding. See 70 FR 60,858 (October 19, 2005).
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    \1\ See 70 FR 44,396 (Aug. 2, 2005).
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    On January 24, 2006, the Board issued LBP-06-04, 63 NRC 99 (2006), 
granting the hearing request of the Petitioner, Concerned Citizens of 
Honolulu, on the application of Pa'ina Hawaii, LLC. Due to the 
Petitioner's initial lack of access to sensitive non-public information 
contained in the Application, the January 24, 2006, memorandum and 
order, addressed only the Petitioner's standing and its two 
environmental contentions. Subsequently, on March 24, 2006, the Board 
addressed the Petitioner's safety related contentions and admitted 
three additional contentions. See LBP-06-12, 63 NRC------ (March 24, 
2006). Parties to the proceeding are Concerned Citizens of Honolulu, 
Pa'ina Hawaii, LLC, and the NRC Staff. The issues to be considered are 
the admitted contentions.
    Please take notice that a hearing will be conducted in this 
proceeding. The hearing will be governed by the informal hearing 
procedures set forth in 10 CFR part 2, subpart L, 10 CFR 2.1200-.1213. 
Except to the extent an early settlement or other circumstance renders 
them unnecessary, the Board may conduct an oral argument, may hold pre-
hearing conferences, and may conduct an oral hearing. Unless otherwise 
ordered, the public is invited to attend any argument, pre-hearing 
conference, or oral hearing. Notices of these sessions will be 
published in the Federal Register and/or made available to the public 
at the NRC Public Document Room, located at One White Flint, 11555 
Rockville Pike (first floor), Rockville, Maryland, and through the NRC 
Web site, http://www.nrc.gov.
    In addition, pursuant to 10 CFR 2.315(a), any person not a party to 
the proceeding may submit a written limited appearance. Limited 
appearance statements, which are placed in the docket of the 
proceeding, provide members of the public with the opportunity to make 
the Board and the parties aware of their concerns about the matters at 
issue in the proceeding. Persons wishing to submit a written limited 
appearance statement should send it by mail to the Office of the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, Attention: Rulemakings and Adjudications Staff. A copy of the 
statement should also be served by mail on the Chairman of this Atomic 
Safety and Licensing Board, Atomic Safety and Licensing Board Panel, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. In its 
sole discretion and at a later date, the Board may entertain oral 
limited appearance statements at a suitable location or locations. 
Notice of any oral limited appearance sessions will be published in the 
Federal Register and/or made available to the public at the NRC Public 
Document Room and on the NRC Web site, http://www.nrc.gov.
    Documents relating to this proceeding are available for public 
inspection at the NRC's Public Document Room or electronically from the 
publicly available records component of NRC's document system (ADAMS). 
ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS or who 
encounter problems in accessing the documents located in ADAMS may 
contact the NRC Public Document Room reference staff by telephone at 1-
800-397-4209 or 301-415-4737, or by e-mail to [email protected].
    It is so ordered.

    Dated: April 26, 2006 at Rockville, Maryland.

    For the Atomic Safety and Licensing Board.\2\
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    \2\ Copies of this Order were sent this date by Internet e-mail 
transmission to counsel for the (1) Applicant Pa'ina Hawaii, LLC; 
(2) Intervenor Concerned Citizens of Honolulu; and (3) NRC Staff.
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Thomas S. Moore,
Chairman, Administrative Judge.
[FR Doc. E6-6621 Filed 5-1-06; 8:45 am]
BILLING CODE 7590-01-P