ML20033F509

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Responds to Re Aj Morabito Request to Receive Retroactively Granted & Retroactively Revoked Senior Reactor Operator License.Request Denied Due to Lack of Facilty Certification of Need for License
ML20033F509
Person / Time
Site: Beaver Valley
Issue date: 03/12/1990
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Heinz J
SENATE
References
CCS, NUDOCS 9003210272
Download: ML20033F509 (1)


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NUCLEAR R'.:GULATCTr COMMISSION 8

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March 12, 1990 i

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' The Honorable Johr Heinz United States Senator-1306 Liberty Center 1101 Liberty Avenue 1

Pittsburgh, Pennsylvania '15222

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Dear Senator'Heinz:

I am responding to your letter. of February 19, 1990, regarding Mr.. Alfred J. Morabito.

Under the Comission'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 The facility licensee had withdrawn the necessary certification before the Commission's determination on the issue.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 is outside the nuclear area, nor has he argued in his. filings before-the.

1 Commission that he can be-issued a valio license at this 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 retroactively revoked license.so that he can represent to prospective-employers that he has-held an NRC senior reactor operator's license. ? Thel l

Commission's order of July 15, 1989, while 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 i

retroactively issue and terminate Mr. Morabito's license, since the.

I prerequisite facility certification of need for him to be licensed had been l

withdrawn. Without that certification, Mr. Morabito no longer met the L

Connission's licensing requirements.

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

Sincerely,

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