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Nuclear Regulatory Commission Grants License to Milford Irradiator

Background
Questions about the timing of requests
Questions of whether this is processing or just storage

The U.S. Nuclear Regulatory Commission has granted a license to Clemons Family Corporation Logistics (CFC Logistics) for the operation of a cobalt-60 irradiation facility, and nearby residents are furious. The license will allow them to obtain cobalt-60 and start testing the irradiator, which uses radioactive gamma rays to kill bacteria in edible and non-edible products.

The plant is located in Milford Township, Bucks County, next to the Quakertown exit of the Northeast extension of the turnpike. It is very close to where Bucks, Lehigh, Montgomery, and Berks counties converge.

Many nearby residents believe the NRC and CFC Logistics are jeopardizing people’s lives for the sake of money.

According to the NRC, there are approximately 50 cobalt-60 irradiation facilities in the country, but the Milford facility would be only the third site in the country where gamma rays are used to irradiate meat. The other two are in Chicago and central Florida. The plant will utilize hundreds of cobalt-60 rods sitting at the bottom of a 22-foot pool filled with water.

Because CFC Logistics has been granted their license, the rods could arrive in late September or early October and testing will begin shortly after.

However, there is still hope that the irradiator will not be allowed to operate. Despite the NRC license, Milford Township officials are trying to stop the irradiator.

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Questions about timing of requests

The date when CFC Logistics decided to build an irradiator in its Milford Township cold-storage facility has been questioned by its opponents.

“There is information out there that they may not have been as up-front as they could have been,” said Skip Moyer of Concerned Citizens of Milford, a group opposed to the controversial cobalt-60 irradiator. “I’m not sure how that plays legally, but it doesn’t play well with the people.”

According to the letter, documents submitted to the township by CFC Logistics in February included a drawing of the irradiator that is dated May 2002 and a document that indicates the system’s pool “was tested on July 2, 2002.”

This could indicate that CFC Logistics had planned on building the irradiator much earlier than it claims. The company first told the township it wanted to build the irradiator in December 2002. The irradiation facility has since been built and is awaiting approval by the NRC to begin testing.

Both the drawing of the irradiator and record of the July 2002 test of the pool, which is dated July 11, were obtained by The Morning Call. Neither specifically mentions CFC Logistics or the facility in Milford.

Also, Republican U.S. Sens. Arlen Specter and Rick Santorum and state Sen. Rob Wonderling, R-Montgomery, who represents Milford Township, sent a letter on July 18 to the NRC asking it “to provide this community with the opportunity to present its concerns prior to issuing a license.”

According to Robert Sugarman, an attorney hired by Concerned Citizens of Milford, “they were hiding their true intentions” when the company sought approval for a warehouse facility in early 2002. That, he said, was the basis for a land-use appeal he filed with Bucks County Court on July 19 on behalf of 14 residents of Huber Drive in Milford and Concerned Citizens of Milford.

In mid-December, CFC Logistics informed township officials of the company’s intention to add the irradiation facility to the cold-storage warehouse, which began operation two months previously. The facility will use radioactive gamma rays emitted from cobalt-60 “pencils” to eliminate bacteria such as E. coli and salmonella.

A few days later, according to Supervisor Robert Mansfield, the township issued the company the permit to dig a hole at the warehouse.

Jim Wood, president of CFC Logistics and Martin Stein, president of Gray Star, the New Jersey company building the irradiator, said there are simple explanations for the earlier dates on the two documents.

As for the May 2002 sketch of the irradiator, which is the same irradiator as in the Milford warehouse, Stein and Wood say it is a generic sketch produced by Gray Star to market the irradiator.

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Questions whether this is processing or just storage

On Aug. 25, the township advertised a new ordinance that would prohibit an irradiator from being built within a mile of homes, schools or churches. All three are within a mile of CFC Logistics. The ordinance will be voted on at a Sept. 23 meeting.

“We believe that’s prohibitive zoning and won’t stand up in court,” said CFC Logistics President Jim Wood. “And it’s irrelevant, because we already got the appropriate permits they originally required from us.”

Supervisor Robert Mansfield said the company has a use permit for warehousing, but the irradiator also needs a use permit for processing.

The township had asked the NRC to delay a decision until a land-use issue was resolved. The township believes the company has approval to operate a “wholesale storage and warehouse” facility but must apply for an approval that includes “processing of materials, goods, foodstuffs and products.”

Wood repeatedly has said irradiation is not processing.

“I believe we’ll have an ordinance and they’ll challenge it and the courts will make a determination,” Mansfield said.

Although CFC Logistics first made its intentions known at a Feb. 5 township meeting, it wasn’t until June that local residents, led by Concerned Citizens of Milford, began to organize and rally against the facility.

They claimed an accident or terrorist attack could release deadly radiation.

Concerned Citizens of Milford were able to convince NRC officials to come to the area for two informational meetings on July 16 and Aug. 21. Both meetings attracted hundreds of angry residents who vented their frustration and shouted down the comments of NRC officials. “We know there are members of the public who have concerns,” said NRC spokesman Neil Sheehan. “So we really went the extra mile and then some in the review of this application.”

After the July 16 meeting, Sheehan said the NRC, in response to concerns raised by residents, looked into how an earthquake would affect the facility and what would happen if a heavy load fell on the walls or into the 22-foot pool of water in which the cobalt-60 sits. “We had people with expertise take a close look and they’re convinced there is no risk,” Sheehan said.

Many residents of Milford Township and surrounding communities are not convinced.

Wood said the facility is safe and residents have nothing to worry about. Because of concerns from the public, he said, “We have gone above and beyond what the NRC would usually require... We wouldn’t have gone down this path if we didn’t think it was safe and the NRC would have given us the boot if it wasn’t; they really grilled us.”

The grilling will continue. Concerned citizens of Milford Township are there to ensure that it will.

“We plan to be there during delivery and installation and testing,” said the NRC's Sheehan. “And we will also be doing inspections and will make sure they meet all requirements before they start operating.”

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