ML20138J310

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Requests That Commission Agree W/Presiding Officer & Issue SRO License.Staff Continues to Contend That Presiding Officer Was in Error Re Decision.Submits Listed Response to Legal Stds Governing Issuance of Stay Cited by Staff
ML20138J310
Person / Time
Site: Turkey Point, 05520726  NextEra Energy icon.png
Issue date: 04/23/1997
From: Tetrick R
AFFILIATION NOT ASSIGNED
To:
NRC
References
CON-#297-18267 SP, NUDOCS 9705080149
Download: ML20138J310 (1)


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To:

United States of America 00CKETED l

Nuclear Regulatory Commission USNRC i

Subject:

NRC Staff & Motion for issuance of stay in the matter

'97 APR 23 P4 :41 of Ralph L Tetrick.

Docket No. 55-20726-SP OFFICE OF SECRETARY DOCKETING & SERVICE BRANCH I

On March 27,1997, Peter B. Block, Presiding Officer ruled in favor of myself, Ralph L Tetrick, and ordered that I be issued an SRO License.

i in response the Staff continues to contend that the presiding officer was in error in his decision.

l The Staff cites the legal standards governing issuance of a Stay.

I respectfully submit the following responses:

1

1. Likelihood of Success on the Merits 4

The Staff references NUREG-1021, Rev.8 which was not in effect at the time and wants to backfit the NUREG to the Presiding Officers decision, thereby enforcing rules after the fact.

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2. Irreparable injury in the Absence of A Stay The Staff contends that the decision will disrupt the Staff's policy of requiring an 80% passing giade. I contend that the Staffs implementation of NUREG-1021 Rev. 8 clarifies the standards and the Staff's practice will not be disrupted
3. Harm to Other Parties The Staff contends that I, Ralph L Tetr!ck will not be substantially harmed by a stay.

The very opposite is true, due to the Staffs continual denial of a license I am unable to apply for a Nuclear Watch Engineers position, this has harmed me monetarily and has limited my career advancement opportunities.

4. Where the Public Interest Lies The Staff contends that the Presiding Officers decisionmay introduce confusion as to the grade required for an NRC license.

I contend that Revision

  • af NUREG-1021 clarifies any confusion that would arise and that the Staff's abilities to administer tests will not be disrupted.

4 For the reasons stated above, I, Ralph L Tetrick respectfully request that the Commission agree with the Presiding Officer and issue a license.

f Sincerely,

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Ralph L Tetrick l

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9705080149 970423 PDR ADOCK 05000250 0

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