ML20151A488

Memorandum.* Controversy Over Staff Denial of License Considered Moot Due to Morabito Agreement of Inability to Hold Senior Operator License.Board Decision & Staff Underlying Denial Vacated.Served on 880715

ML20151A488
Person / Time
Site:	05560755
Issue date:	07/15/1988
From:	Chilk S NRC COMMISSION (OCM)
To:
References
CON-#388-6716 SP, NUDOCS 8807200013
Download: ML20151A488 (2)

Text

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• '.C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION-88 J.1.15 P1 :04 COMMISSIONERS: cr: .

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Lando W. Zech, Jr. , Chainnan Thomas M.-Roberts Xenneth H. Carr Xenneth C. Rogers SERVED JUL 151988

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In the Matter of )

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ALFRED J. MORABITO Docket No. 55-60755 -SP Senior Operator License for Beaver Valley Power Station, )

Unit 1 MEMORANDUM On April 20, 1988, the Atomic Safety and Licensing Board detemined after a hearing that the NRC staff had erred in determining that Mr. Alfred J.

Morabite had faticd the ci:=later pertier. of his Seefer Oper.ete" I kanea examination,, and that the staff had therefore incorrectly denied Mr. Morabito a Senior Operator License. The Licensing Board later modified that decision, by order of May 18, 1988, to make clear that it related only to issues adjudicated in the proceeding, and that the staff retained the authority to detennine whether other requirements for a license had been met.

l Also on April 20, 1988, Duquesn.e Light Company advised the NRC staff that the candida~te had taken employment outside the company's nuclear group, and l 1

that the request for his senior operator's license should be considered withdrawn, f i

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3 S Under the Comission,'s rules,10 CFR Part 55, possession of an operator's license is conditioned on there being a present need for the license.

Although Mr. Morabito has suggested, in a May 10, 1988 letter to the Licensing Board, that the license be issued retroactively and then c -

of the date that the company withdrew its certification of need, w that this would be an ertpty exercise. Since Mr. Morabito does not dispu. . ;t he cannot now hold a Senior Operator License, the controversy over the staff's -

denial of the license is now moot, and the Licensing Board's decision and the staff's underlying denial are therefore vacated.

It is so ORDERED.

M" For the Comission

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, . . .N SAMUEL J.

<Se ttilLK (Secretary of tr e Commission {

%*Qebb L Dated at Rcchville, Marylar.d 6

this k b 1ay of July, 1988, 1

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