ML20141F544

NRC Staff Response to Presiding Officer Memorandum & Order (Questions Relevant to Remand).* Staff Submits That Tetrick Request for Reconsideration of Grading of Question 63 on SRO License Written Exam Should Be Denied

ML20141F544
Person / Time
Site:	Turkey Point, 05520726
Issue date:	06/13/1997
From:	Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20141F549	List: ML20141F544 ML20141F571
References
CON-#397-18363 96-721-01-SP, 96-721-1-SP, SP, NUDOCS 9707030046
Download: ML20141F544 (2)

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3. DOCKETED 1 USNRC June 13,1997 97 JUN 13 P4 !29 UNITED STATES OF AMERICA 0F SECRETARY NUCLEAR REGULATORY COMMISd ETlHG s SERVICE BRANCH ,

, BEFORE Tile ATOMIC SAFETY AND LICENSING BOARQ l

Before Administrative Judges:

Peter B. Bloch, Presiding Officer (Dr. Peter Lam, Special Assistant) 1 i

l In the Matter of )

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' RALPil L. TETRICK ) Docket No. 55-20726-SP

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(Denial of Application for Senior ) ASLBP No. %-721-01-SP Reactor Operator License) )

l NRC STAFF'S RESPONSE TO TIIE PRESIDING OFFICER'S MEMORANDUM AND ORDER (OUESTIONS RELEVANT TO REMAND)

On May 27,1997, the Presiding Officer issued a " Memorandum and Order (Questions Relevant to Remand)," in which he directed Mr. Ralph Tetrick (the Senior Reactor Operator (SRO) applicant in this proceeding) and the NRC Staff to respond to certain questions concerning Question 63 on Mr. Tetrick's written examination for an SRO license. The Presiding Officer set forth three sets of questions to which the panies

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L were directed to respond, and indicated that "[i]n addition to responding to all of my questions, filings may include funher explanatory material." Id. at 3. On June 6,1997, Mr. Tetrick filed his response to the Presiding Officer's Memorandum and Order.  ;

In accordance with'the Presiding Officer's Memorandum and Order, the NRC _

( Staff (" Staff") hereby files its response to the questions raised therein, as set forth in the l \

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" Supplemental Affidavit of Brian Hughes and Thomas A. Peebles" attached hereto. For l

l the reasons set forth in the attached Supplemental Affidavit, the Staff submits that the l

Presiding Officer's Initial Decision in this proceeding, LBP-97-2, 45 NRC .__ (Feb. 28, l

1997), correctly concluded that the correct answer to Question 63 is answer "b" (" Sound i

containment evacuation alarm"), and that Mr. Tetrick is incorrect in his assertion that i I l answer "a" (" Verify alarms by checking containment sump level recorder and spent fuel 1

i level indication") also constitutes a correct answer. Id., slip op. at 7. I CONCLUSION For the reasons set forth in the attached Supplemental Affidavit, the Staff submits  !

that Mr. Tetrick's request for reconsideration of the grading of Question 63 cn his SRO l

license written examination should be denied, l

Respectfully submitted, c:5 b l

Sherwin E. Turk Counsel for NRC Staff

, Dated at Rockville, Maryland

! this 13th day of June 1997 l

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