ML20005E977

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Responds to Re Constituent,Aj Morabito, Candidacy for Senior Reactor Operator License.Under NRC Regulations,One Prerequisite for Operators License Is Employer Certification That Employee Job Requires License
ML20005E977
Person / Time
Issue date: 01/05/1990
From: Roberts T
NRC COMMISSION (OCM)
To: Kolter J
HOUSE OF REP.
Shared Package
ML20005E978 List:
References
NUDOCS 9001120127
Download: ML20005E977 (1)


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UNITED STATES y

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_i NUCLEAR REGULATORY COMMISSION l

I WASHINGTON, o, C. 20065 -

,o January 5,1990 CHAlftMAN y

The Honorable Joe Kolter

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. United States House of Representatives s

p Washington, D.C.

20515 l

Dear:

Congressman Kolter:

ILam responding to your letter of November 30, 1989, regarding Mr. Alfred J. Morabito.

Under the Commission's regulations:(10 CFR 55.31.(a)(4)), one prerequisite for an operator's license is a

certification.from the employer that the employee's: Job _ requires such a-license.

The facility licensee had withdrawn the necessary i

certification before.the Commission's determination on this issue.

Therefore, based on our regulations, we-believe a license should not be issued.

To our knowledge, Mr. Morabito has never disputed that the job he now holds 1s outside the nuclear area, nor has he argued in his filings before the Commission that he can be issued a valid

' license.at'thisl time.

Rather, Mr. Morabito claims.that having passed the_ examinations-for a license-before his transfer from the-nuclear' area, he is: entitled to a retroactively granted and retroactiv del revoked license so that:he can represent to-pro-T spective employers teat he has held'an NRC senior reactor operator's_ license,

,The Commissien's order of July 15, 1989, whi.le denying. the request for-the. issuance of an already invalid license, nevertheless:was explicit in-stating that Mr. Morabito can' represent to any prospective employer that he passed all-examinations necessary for a senior reactor operator's license.

The-Commission continues to~believe that it would be inappropriate for the'NRC to retroactively issue and terminate Mr. Morabito's license, since the prerequisite facility certification of need for I

him:to be licensed had been withdrawn.

Without that certifica-tion, Mr. Morabito no~ longer met the Commission's licensing l

requirements.

k I hope that I have clarified the Commission's position on this matter.

L Sincerely, I

L L

Thomas M. Roberts 9001120127 900105 "7

ng Chairman g6 PDR COMMS NRCC ad

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