ML19305A074
| ML19305A074 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 12/15/1978 |
| From: | Lieberman J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Sterling L AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 7901020523 | |
| Download: ML19305A074 (2) | |
Text
Mcket No. 55-6504 December 15, 1978 l
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Mr.1.ynwood Sterling L
2115 Collinwood Avenue 1
Toledo, Oh19 43620
Dear Mr. Sterling:
This is in response to your letter dated October 29,'1978 in which k
you requested a hearing concerning the denial of your application far a reactor operator license under 10 CFR Part 55 of the Comission's regulations and the documents related to that dental. The documents were forwarded to you by letter on November 8,1978.
' The denial of your application as explained in the October '12,1978 '-
denial letter was based on a failure of the written and operating tests. In order to satisfy the requirements for an operating license under 10 CFR 55.11, it is necessary that an applicant have passed the '~
j written examination and operating tests. Therefore, the purpose of' the, hearing would be to adjudicate whether that requirement has been j
l met.
In such a hearing you would have in accordance with 10 CFR 2.732
(
cf the Comission's regulations, the burden of proof to show that the requirements of 10 CFR 55.ll(b) have been met. Notwithstanding your right to a hearing, if you meet the other requirements of 10 CFR 55.11, you have the right in accordance with 10 CFR 55.12(a) to reapply for an operator's license two months after the initial denial. Thus you
'now have the right to submit a new application for an operator's license.
In addition to meeting the test requirements of 10 CFR 55.ll(b), it is
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necessary that in accordance with 10 CFR 55.ll(c) the applicant's s:rvices will be utilized on the facility or a similar facility for which the applicant seeks a license.
In this regard we have been infomed by the management of the Davis-Desse Nuclear Power Station that you have teminated employment with that licensee and have moved out cf the Ohio area. Consequently if the issues in the hearing were adjudi-l cated in your favor, a license could not be issued to you as the require- ~
ments of 10 CFR 55.11(c) would not have been met.
However, if you are still interested in a hearing, please contact me
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l cr have the attorney who will represent you at the hearing contact me'
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79010eosz3
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i as soon as possible.
I can be reached at (301) 492-7992. iou may call collect.
I would also appreciato it if you would call me if you are no longer interested in a hearing, so that our records on this matter can be completed.
l In view of the above, no further action will be taken on your hearing i
request pending your call.
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Sincerely,
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' I,h - ' h,
- 3 James Liebennan'
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' ~ ____ f.'a _.. __ j -
Counsel for NRC Staff.
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