ML19327A655
| ML19327A655 | |
| Person / Time | |
|---|---|
| Site: | 05560755 |
| Issue date: | 08/16/1989 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | MORABITO, A.J. |
| References | |
| CON-#389-9053 CLI-89-16, SP, NUDOCS 8908240009 | |
| Download: ML19327A655 (4) | |
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NUCLEAR REGULATO COMMISSIO%
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a-Kenneth M. Carr, Chaiman 7
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Kenneth C. Rogers BR40-ggg James R. Curtiss 9, MVED AUG f 61989
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In the Matter of 4
ALFRED J. MORABITO
, M VED AUG 18 $89 4,
~(Senicr Operator License Docket No. 55-60755-SP for Beaver Valle
. Station Unit'1)y Power l
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ORDER l
On July 15, 1988, the Coun1ssion determined that because Mr. Alfred J.
liorabito, a candidate for a Senior Reactor Operator's license, had taken employment outside the nuclear area, and was therefore ineligible for a license, the controversy over his examination grade was moot.
We therefore
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vacated both the decision of the Administrative Judge which ruled that he had passed the necessary examinations, and the NRC staff's denial of his license.
~In a-request for reconsideration filed on August 12, 1988, Mr. Morabito urged j
l that issuance of a license, even though retroactively issued and retroactively revoked, would assist him in seeking employment in the nuclear area with another employer. We conclude that Mr. Morabitu has not shown that l
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-reconsideration of our decision is appropriate.
l Notwithstanding that that decision for legal reasons held the dispute over the license to be moot, Mr. Morabito can validly assert to any l
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i prospective employer that as of April 20, 1988, an NRC Administrative Judge i
l had ruled that he had passed all examinations necessary for a license.
In the absence of a currently valid certificatiom of need, however, there is no basis i
for the Connission to add its own determination as to whether'the requirements-for a license were satisfied at some time in the past.
The request for reconsideration is therefore denied.
It is so ORDERED.
For sne Conniss16n, thar.
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SAMUEL'th-MILK h,qe Secretary of the Commission Dated at Rockville, Maryland this[2 day of August, 1989.
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,3, f,f' UNITED STATES OF AMERICA
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e-NUCLEAR RESULATORY COMMISSION t
In the Matter-of.
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, ALFRED.J. MORASITO-i Docket No.(si 55-60755-SP 1
r (Senior Operator License for-Beaver i
Valley, Unit 1)
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I CER?iFICATE OF SERVICE 5
i I hereby certify that copies of the foregoing COMMIS$10N ORDER have been served upon the f ollowing persons by U.S. asil, first class, except as otherwise'noted and in accordance with the requirements cf to CFR Sec. 2.712.
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Adelnistrative Judge Dr. David L. Hetrick. Professor Charles techhoefer, Chairman Dept. of Nuclear & Energy'Engrq Atomic' Safety'and Licensing Boaro University of Arizona
- U.S. Nuclear Regulatory Coastssten Tucson, AZ 85721 Washington, DC 20555 t
Colleen P. Woodhead, Esq.
- Office of the General-Counsel Alfred J. Morabito U.S.~ Nuclear Regulatory Coastssion 605 Tulio Drive Washington, DC 20555 New Brighton, PA 15066.
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J.M.
Butterret U.S. Nuclear Regulatory Commission
-Region.1 631 Fark Avenus King of Prunsta. PA 19406 Dated at Rockville, Md. this 16 day of August 1909 Office the Secretary of the Cosatssten l,
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