Notice of License Request for Pa'ina Hawaii, LLC, Irradiator in Honolulu, HI and Opportunity To Request a Hearing, 44396-44397 [E5-4105]

Download as PDF 44396 Federal Register / Vol. 70, No. 147 / Tuesday, August 2, 2005 / Notices 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 U.S. Nuclear Regulatory Commission. ACTION: Notice of consideration of a new license request and opportunity to request a hearing. AGENCY: 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: jew1@nrc.gov. SUPPLEMENTARY INFORMATION: DATES: 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 VerDate jul<14>2003 17:21 Aug 01, 2005 Jkt 205001 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. 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, hearingdocket@nrc.gov; 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 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. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 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 email to ogcmailcenter@nrc.gov. 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 E:\FR\FM\02AUN1.SGM 02AUN1 Federal Register / Vol. 70, No. 147 / Tuesday, August 2, 2005 / Notices 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 https://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 VerDate jul<14>2003 17:21 Aug 01, 2005 Jkt 205001 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 pdr@nrc.gov. 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 https://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] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket Nos. 50–272 and 50–311] PSEG Nuclear LLC, Salem Nuclear Generating Station, Unit Nos. 1 and 2; Notice of Consideration of Approval of Transfer of Facility Operating Licenses and Conforming Amendments and Opportunity for a Hearing The Nuclear Regulatory Commission (NRC or the Commission) is considering the issuance of an order under Title 10 of the Code of Federal Regulations (10 CFR) Section 50.80 approving the transfer of Facility Operating License Nos. DPR–70 and DPR–75 for the Salem Nuclear Generating Station, Unit Nos. 1 and 2 (Salem), respectively, to the extent currently held by PSEG Nuclear LLC (PSEG) to Exelon Generation Company, LLC (Exelon). PSEG is the licensed operator of Salem. PSEG and Exelon currently own 57.41 percent and 42.59 percent, respectively, of Salem. The transfer of PSEG’s ownership interests and operating authority to PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 44397 Exelon is part of the proposed merger of PSEG’s parent corporation, Public Service Enterprise Group, into Exelon Corporation, the indirect parent company of Exelon. The Commission is also considering amending the licenses for administrative purposes to reflect the proposed transfer. According to an application for approval filed by PSEG, Exelon would assume title to PSEG’s interest in the facility following approval of the proposed license transfers, while retaining its current ownership interests, such that Exelon would own 100 percent of Salem, and would become responsible for the operation, maintenance, and eventual decommissioning of Salem. No physical changes to the Salem facility or operational changes are being proposed in the application. The proposed amendments would delete references to PSEG, or replace references to PSEG in the licenses with references to Exelon, as appropriate, to reflect the proposed transfer. Pursuant to 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. The Commission will approve an application for the transfer of a license, if the Commission determines that the proposed transferee is qualified to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission pursuant thereto. Before issuance of the proposed conforming license amendments, the Commission will have made findings required by the Atomic Energy Act of 1954, as amended (the Act), and the Commission’s regulations. As provided in 10 CFR 2.1315, unless otherwise determined by the Commission with regard to a specific application, the Commission has determined that any amendment to the license of a utilization facility which does no more than conform the license to reflect the transfer action involves no significant hazards consideration. No contrary determination has been made with respect to this specific license amendment application. In light of the generic determination reflected in 10 CFR 2.1315, no public comments with respect to significant hazards considerations are being solicited, notwithstanding the general comment procedures contained in 10 CFR 50.91. The filing of requests for hearing and petitions for leave to intervene, and written comments with regard to the E:\FR\FM\02AUN1.SGM 02AUN1

Agencies

[Federal Register Volume 70, Number 147 (Tuesday, August 2, 2005)]
[Notices]
[Pages 44396-44397]
From the Federal Register Online via the Government Printing 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.

-----------------------------------------------------------------------

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: jew1@nrc.gov.

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.
---------------------------------------------------------------------------

    \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, hearingdocket@nrc.gov; 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 
ogcmailcenter@nrc.gov.
    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 https://
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 pdr@nrc.gov.
    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 https://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]
BILLING CODE 7590-01-P
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