ML20137R369
| ML20137R369 | |
| Person / Time | |
|---|---|
| Site: | 05561425 |
| Issue date: | 04/08/1997 |
| From: | Bollwerk G Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#297-18250 97-725-02-SP, 97-725-2-SP, SP, NUDOCS 9704140101 | |
| Download: ML20137R369 (6) | |
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UNITED STATES OF AMERICA -[7590-01-P]
NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL DOCKETED Before Presiding Officer:
G. Paul Bollwerk, III, Administrative Judge 17 ARI -8 P143 Special Assistant:
Thomas D. Muryny, Administrative Judge OFFICE 0F SECRETARY DOCKEllHG & SERVICE BRANCH In the Matter of Docket No. 55-61425-SP FRANK J. CALABRESE, JR. ASLBP No. 97-725-02-SP (Denial of Senior Reactor April 8, 1997 Operator's License) ,
SERVED APR -8 $97 NOTICE OF HEARING AND OF OPPORTUNITY TO PETITION FOR LEAVE TO INTERVENE OR TO PARTICIPATE AS AN INTERESTED GOVERNMENTAL ENTITY (Denial of Application for Senior Reactor Operator's License)
On March 3, 1997, the NRC staff issued a notice of denial of application for a senior reactor operator's (SRO) license to Frank J. Calabrese Jr. In that letter, the staff advised Mr. Calabrese that although he had passed the 4 written portion of the SRO examination administered to him on October 21-23, 1996, his application was being denied because he failed to pass the operating test portion of the examination.
On March 14, 1997, Mr. Calabrese filed a timely hearing request challenging the staff's denial of his SRO license application. In his hearing request, he asserted that his simulator examination Vas graded incorrectly or too 9704140101 970400 If POR MISC 9704140101 PDR 3501
severely. On March 25, 1997, the Commission referred Mr. i.
Calabrese's hearing request to the Atomic Safety and Licensing Board Panel for the appointment of a presiding i officer to conduct any necessary proceedings. On March 26, 1997, the Chief Administrative Judge of the Panel appointed Administrative Judge G. Paul Bollwerk, III, to act as the Presiding Officer, and Administrative Judge Thomas D.
Murphy, to serve as Special Assistant to the Presiding Officer. (62 Fed. Reg. 15,542 (1997))
Af ter receiving the staf f's April 7, 1997 answer to the University's hearing request, on April 8, 1997, the Presiding Officer issued an order granting Mr. Calabrese's hearing request.
Please take notice that a hearing will be conducted in this proceeding. This hearing will be governed by the informal hearing procedures set forth in 10 C.F.R. Part 2, Subpart L (10 C.F.R. SS 2.1201 .1263).
Further, in accordance with 10 C.F.R. S 2.1205(j),
please take notice that within thirty days from the date of publication of this notice of hearing in the Federal Register (1) any person whose interest may be affected by this proceeding may file a petition for leave to intervene; e and (2) any interested governmental entity may file a request to participate in this proceeding in accordance with l
10 C.F.R. S 2.1211(b). Any petition for leave to intervene ]
must set forth the information required by 10 C.F.R.
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S 2.1205(e), including a detailed description of (1) the interest of.the petitioner in the proceeding; (2) how that interest may be affected by the results of the proceeding, including the reasons why the petitioner should be permitted to' intervene with respect to the factors set forth in 10 C.F.R. S 2.1205(h); (3) the petitioner's areas of concern regarding thu staff's March 3, 1997 denial of Mr. Calabrese's SRO license hpplication; and (4) the circumstances establishing that the petition to intervene is timely in accordance with 10 C.F.R. 5 2.1205(d). In accordance with i
10 C.F.R. S 2.1211(b), any request to participate by an interested governmental entity must state with reasonable '
specificity the requestor's areas of concern regarding the staff's March 3, 1997 denial of Mr. Calabrese's SRO license application.
In addition, pursuant to 10 C.F.R. S 2.1211(a), any person not a party to the proceeding may submit a written limited appearance statement setting forth his or her position on the issues in this proceeding. These statements do not constitute evidence, but may assist the Presiding Officer and/or parties in the definition of the issues bein,g considered. Persons wishing to submit a written limitr' appearance statement should send it to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC. 20555, Attention: Docketing and Service Branch. A copy
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. -4 of the statement also should be served on the Presiding Officer and the Special Assistant.
In the April 8, 1997 order, the Presiding Officer directed that on or before Thursday, May 8, 1997, the staff shall file the hearing file for this proceeding. Once the hearing file is received, pursuant to 10 C.F.R. 5 2.1233 the Presiding Officer will establish a schedule for the filing of written presentations by Mr. Calabrese and the staff, which may be subject to supplementation to accommodate the grant of any intervention petition or request to participate by an interested governmental entity. After receiving the parties' written presentations, pursuant to 10 C.F.R.
SS 2.1233(a), 2.1235, the Presiding Officer may submit i
written questions to the parties or any interested governmental entity or provide an opportunity for oral !
presentations by any party or interested governmental l entity, which may include oral questioning of witnesses by the Presiding Officer. !
I Documents relating to this proceeding are available for j public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW., Washington, DC.
Also, general information regarding the conduct of agency l
adjudicatory proceedings, including the provisions of 10 C.F.R. Part 2, Subpart L, can be found by accessing the Atomic Safety and Licensing Board Panel's World Wide Web
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0 l home page at the following case-sensitive universal resource l locator (URL): http://www.nrc. gov /NRC/ASLBP/homepage.htm.
i hPaul eBollwerk, d ,' - M k III N E G.
ADMINISTRATIVE JUDGE Rockville, Maryland April 8, 1997 i P
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, UNITED STATES OF AMERICA D NKLEAR REGULATORY COMMISSION In the Matter of FRANK J. CALA8RESE, JR. Docket No.(s) 55-61425-SP (Denial of Senior Reactor Operator's License) .
CERTIFICATE OF SERVICE
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I hereby certify that copies of the foregoing LB NOTICE OF HEARING AND... l have been served upon the following persons by U.S. mail, first class, except
- as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712. l l
Administrative Judge Office of Cosmiission Appellate G. Paul Bollwerk, III, Presid'g Ofer ,
Adjudication Atomic Safety and Licensing Board ,
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U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 l Washington, DC 20555 U.S. Nuclear Regulatory Ccanission ]
. Washington, DC 20555 i l
Administrative Judge l l Thomas D. Murphy Charles A. Barth, Esq.
Special Assistant Office of the General Counsel Atomic Safety and Licensing Board Mail Stop 15 B18
!_ Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 i
Washington, DC 20555 i
Alvin H. Gutterman, Esq.
Morgan, Lewis & Bockius, LLP Frrak J. Calabrese, Jr.
1800 M Street, NW 698 S. Kennedy Drive Washington, DC 20036 NcAdoo, PA 18237
(
Dated at Rockville, Md. this
- 8 day of April 1997 g Office of the Secretary of the Cosmiission l
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