ASLBP 19-961-01-SP-BD01, Order (Granting Joint Motion and Terminating Proceeding) LBP-19-01
| ML19039A026 | |
| Person / Time | |
|---|---|
| Site: | 05563784 |
| Issue date: | 02/08/2019 |
| From: | Anthony Baratta, William Froehlich, Ronald Spritzer Atomic Safety and Licensing Board Panel |
| To: | Paez A - No Known Affiliation, NRC/OGC |
| SECY RAS | |
| References | |
| 55-63784-SP, ASLBP 19-961-01-SP-BD01, RAS 54790 | |
| Download: ML19039A026 (5) | |
Text
UNITED STATES OF AMERICA LBP-19-01 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
William J. Froehlich, Chairman Ronald M. Spritzer Dr. Anthony J. Baratta In the Matter of ANDRES PAEZ (Denial of Senior Reactor Operator License)
Docket No. 55-63784-SP ASLBP No. 19-961-01-SP-BD01 February 8, 2019 ORDER (Granting Joint Motion and Terminating Proceeding)
On January 29, 2019, the U.S. Nuclear Regulatory Commission staff (NRC Staff) and Mr. Andres Paez filed a joint motion with this Atomic Safety and Licensing Board (Board) to terminate this appeal of the denial of a senior reactor operator (SRO) license. The joint motion indicates the matters at issue in this proceeding have been resolved.
Mr. Paez took the license examination to become a SRO at Florida Power & Light Companys St. Lucie Nuclear Plant, located near Jensen Beach, Florida. The SRO license examination consists of a written test and a simulator test.1 To be granted a SRO license by the NRC, an applicant must pass both the requisite written examination and the operating (simulator) examination.2 When Mr. Paez received the preliminary results of his SRO examination, he was informed that he had passed the written portion of the examination but did 1 See Office of New Reactors, Office of Nuclear Reactor Regulation, NRC, Operator Licensing Examination Standards for Power Reactors, Final Report, NUREG-1021 (Rev. 11, Feb. 2017)
(ADAMS Accession No. ML17038A432) [hereinafter NUREG-1021].
2 See 10 C.F.R. § 55.33(a)(2).
not pass the simulator test portion.3 Mr. Paez then requested an informal NRC Staff review of the preliminary results of his SRO license examination. By letter dated November 20, 2018, Mr.
Paez was informed that the preliminary results of his operating test were finalized.4 Mr. Paez was informed of his right to demand a hearing under 10 C.F.R. § 2.103(b)(2).
On December 5, 2018, Mr. Paez filed for a hearing to challenge a performance deficiency that had been assessed against him during the simulator portion of his SRO examination.5 He alleged that the NRC Staff review reassigned a critical performance deficiency and that the reassigned performance deficiency was assessed without consideration of objective criteria.6 He further alleged that the NRC Staffs review did not conform to NUREG-1021 Examiner Standard (ES) 502, which requires that in the unlikely event a new error is identified as a direct result of the contested item review, the uncontested error and its effect, if any, on the applicants pass/fail result should be determined and documented.7 On December 14, 2018, the Atomic Safety and Licensing Board Panel Chief Administrative Judge established this Board to preside over the requested proceeding.8 On December 20, 2018, the NRC Staff filed a response to Mr. Paezs hearing demand.9 The NRC Staffs response indicated that after reviewing the information in the hearing demand, the NRC Staff determined that the operating test performance deficiency disputed by Mr. Paez
[was], in fact, not a performance deficiency. With the deletion of this performance deficiency, Mr.
3 Joint Motion to Terminate Proceeding at 1 (Jan. 29, 2019) (ADAMS Accession No. ML19029B330) [hereinafter Joint Motion].
4 Andres Paez Request for Hearing at 1 (Dec. 6, 2018) (ADAMS Accession No. ML18340A058).
5 Id.
6 Id. at 1-2.
7 Id. at 1, 4 (quoting NUREG-1021 at ES-502, Page 3 of 4).
8 Establishment of Atomic Safety and Licensing Board: Andres Paez, 83 Fed. Reg. 65,369 (Dec.
20, 2018).
9 NRC Staffs Response to Mr. Paezs Hearing Demand (Dec. 20, 2018) (ADAMS Accession No. ML18354B154).
Paez has achieved a passing grade on the operating test.10 The NRC Staff stated that it would approve Mr. Paezs application for a SRO license and that it had informed Mr. Paez of this determination on December 20, 2018.11 The NRC Staffs response further indicated that the NRC Staff would notify the Board when the license was issued and requested that, upon notification, the Board terminate this proceeding.12 On January 29, 2019, the NRC Staff and Andres Paez filed a joint motion requesting that this Board terminate the proceeding because the matters at issue in the proceeding have been resolved.13 The joint motion stated that in response to the hearing demand, [T]he Staff determined that the challenged performance deficiency was not a performance deficiency and, therefore, should be deleted. With the deletion of the performance deficiency, Mr. Paez achieved a passing grade on the operating test.14 The joint motion further stated, Pursuant to 10 C.F.R. § 55.33, since Mr. Paez also passed the requisite written examination and satisfies the health requirement, the Staff approved his application for a senior reactor operator license and issued this license effective January 2, 2019.15 Because the NRC Staff has concluded that the challenged performance deficiency is not a performance deficiency, and, with the deletion of this performance deficiency Mr. Paez 10 Id.
11 Id.
12 Id.
13 Joint Motion at 1.
14 Id. at 2.
15 Id.
achieved a passing score on the SRO examination, and because the NRC Staff has issued a SRO license to Mr. Paez, we GRANT the joint motion and TERMINATE this proceeding.
It is so ORDERED.
THE ATOMIC SAFETY AND LICENSING BOARD
/RA/
William J. Froehlich, Chairman ADMINISTRATIVE JUDGE
/RA/
Ronald M. Spritzer ADMINISTRATIVE JUDGE
/RA/
Dr. Anthony J. Baratta ADMINISTRATIVE JUDGE Rockville, Maryland February 8, 2019
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
ANDRES PAEZ
)
Docket No. 55-63784-SP
)
(Reactor Operator License for
)
St. Lucie Plant, Units 1 and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ORDER (Granting Joint Motion and Terminating Proceeding) LBP-19-01 have been served upon the following persons by Electronic Information Exchange.
U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: ocaamail@nrc.gov Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3F23 Washington, DC 20555-0001 William J. Froehlich, Chair Administrative Judge Ronald M. Spritzer Administrative Judge Dr. Anthony J. Baratta Administrative Judge Joseph McManus, Law Clerk Taylor Mayhall, Law Clerk E-mail: william.froehlich@nrc.gov ronald.spritzer@nrc.gov anthony.baratta@nrc.gov joseph.mcmanus@nrc.gov taylor.mayhall@nrc.gov U.S. Nuclear Regulatory Commission Office of the Secretary of the Commission Mail Stop: O-16B33 Washington, DC 20555-0001 E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Office of the General Counsel Mail Stop - O-14A44 Washington, DC 20555-0001 Tison Campbell, Esq.
Brian Harris, Esq.
David Roth, Esq.
Jeremy Wachutka, Esq.
Brian Newell, Paralegal E-mail: brian.harris@nrc.gov tison.campbell@nrc.gov david.roth@nrc.gov jeremy.watchutka@nrc.gov brian.newell@nrc.gov Andres Paez 3364 SW Newberry Ct.
Palm City, FL 34990 E-mail: andresapaez@gmail.com
[Original signed by Herald M. Speiser ]
Office of the Secretary of the Commission Dated at Rockville, Maryland, this 8th day of February, 2019