ML20044B572
| ML20044B572 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 09/14/1992 |
| From: | Roe J Office of Nuclear Reactor Regulation |
| To: | Gucwa S AFFILIATION NOT ASSIGNED |
| References | |
| NUDOCS 9209240339 | |
| Download: ML20044B572 (2) | |
Text
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September 14, 1992 Docket No. 55-31638 Mr. Stephen G. Gucwa QPMess wtmMnp2
Dear Mr. Gucwa:
SUBJECT:
REQUEST FOR EXEMPTION FROM 10 CFR 55.35 6-MONTH REQUIREMENT FOR THIRD APPLICATION FOR EXAMINATION On August 31, 1992, Region III of the U.S. Nuclear Regulatory Commission (NRC) received your application for a Senior Operator licensing examination at the Point Beach Nuclear Plant in September 1992.
In the application, you requested a waiver of the eligibility requirement in Section 55.35(a) of Title 10 of the Code Federal Reaulations (10 CFR 55.35(a)) to wait 6 months from the date of denial of your second application before submitting a third application. On February 25, 1992, the NRC administered your second examination and determined that you did not pass that examination.
On March 25, 1992, the NRC issued you a proposed denial.
You did not accept this denial and, in a letter of April 7,1992, requested the NRC staff to review informally the grading of your examination. The NRC staff informally reviewed your examination and confirmed the original failure. On June 9, 1992, the NRC issued you a proposed denial and also stated that it would grant a waiver of the written and walkthrough portions of the examination because you had previously passed them.
In this letter, the NRC stated that this waiver would be valid until June 9,1993.
You accepted the proposed denial.
The final denial of your second application did not become effective until June 9, 1992. Therefore, the 6-month waiting period requirement of 10 CFR 55.35(a) does not allow you to apply for a third examination until December 9, 1992. The NRC cannot waive this requirement because it is part of the regulation.
However, 10 CFR 55.11 allows the Commission to grant exemptions from the requirements of 10 CFR Part 55, either upon application by an interested individual or upon its own initiative, if it determines such exemptions are authorized by law, will not endanger life or property, and are otherwise in the public interest.
Even though.you requested a waiver of a regulatory requirement, the staff considers your request as equivalent to an exemption request in that you would have submitted the same information and have requested the same resolution of your situation.
The NRC National Examination Schedule dates for the Point Beach Nuclear Plant i
are September and March.
The initial licensing examinations planned for i
September 1992 are th'e only initial examinations planned before June 9, 1993, the date when waivers of the written and walkthrough portions of the examination would expire. Waiting until the 6-month reapplication I
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Mr. Stephen G. Gucwa September 14, 1992 requircment of 10 CFR 55.35(a) expired would require the region to administer a separate individual simulator examination to you. This would require the use of a crew consisting of surrogate operators.
It would also require the region to use examiners in an inefficient manner to prepare, administer, and grade a single examination.
If you had accepted the original denial, 6 months I
would have expired before the date of the September 1992 examination.
t Therefore, you have met the intent of the requirement, which is to allow for sufficient time to conduct appropriate remedial training and to prepare 3
i thoroughly for the reexamination.
The NRC has considered your request, the limited scope of your reexamination, and the supporting documentation that delineates the preparation and training that you have received since your last application. The NRC also considered the effect of the examination on NRC's use of its examiners, and the benefit of examining you along with other license candidates rather than with surrogate operators. The NRC has determined that granting you an exemption from the requirements of 10 CFR 55.35 will not endanger life or property, and 1
is otherwise in the public interest. Therefore, the NRC grants you an l
exemption from the 6-month waiting period delineated in 10 CFR 55.35(a) for individuals submitting a third application for a license and accepts your application for a Senior Operator licensing examination to be administered at the Point Beach Nuclear Plant in September 1992. Additionally, the waiver of
'3 the written examination and the walkthrough portion of the operating test are also granted.
4 If you have any questions, please call Mr. Robert M. Gallo, Chief Operator Licensing Branch, at 301-504-1031.
Sincerely, ORIGDULL Stanta gy Herbert N. Berkow (For)
Jack W. Roe, Director i
Division of Licensee Performance and Quality Evaluation Office of Nuclear Reactor Regulation DISTRIBUTION:
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