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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20153D1821988-08-25025 August 1988 Memorandum & Final Order.* Director of NRR Authorized to Issue Senior Reactor Operator License to D Held Upon Finding That Held Meets Requirements of 10CFR55.Served on 880829 ML20153D1771988-08-24024 August 1988 Withdrawal of NRC Staff Opposition to Spec of Claims.* Withdraws Opposition to DW Held 871003 Claims.Senior Reactor Operator License for Held Should Be Authorized Upon Finding That 10CFR55 Requirements Met.W/Certificate of Svc ML20151P5321988-08-0808 August 1988 Order.* Commission Determines That Interests of Justice & Administrative Economy Would Be Served by Allowing Case to Proceed to Hearing.Served on 880808 ML20151N5121988-07-29029 July 1988 Order.* Order Extending Time for Commission to Determine Whether to Review Memorandum & Order (Motion to Reconsider) Until 880805.Served on 880729 ML20154E4431988-05-0404 May 1988 Order.* Extends Time for Commission to Determine Whether to Review Memorandum & Order Re Motions to Reconsider Until 880603.Served on 880505 ML20147D5221988-03-0202 March 1988 Order.* Extends Time to 880404 for Commission to Determine Whether to Review Memorandum & Order (Motions to Reconsider),Per 10CFR2.772.Served on 880302 ML20148U4781988-01-21021 January 1988 NRC Staff Motion for Reconsideration.* Decision of 880111 in Proceeding Should Be Modified to Delete Provision for 2-yr Conditional Jurisdiction.Certificate of Svc Encl ML20238D0601987-12-21021 December 1987 NRC Staff Motion for Reconsideration of Order Establishing Date for Oral Presentation.* License Cannot Be Issued Since Util Withdrew Certification of Need for DW Held Senior Reactor Operator License.Certificate of Svc Encl ML20238D1131987-12-18018 December 1987 NRC Staff Request for Presiding Officer to Issue Order to Show Cause Why This Proceeding Should Not Be Terminated.* License Cannot Be Issued Since Util Withdrew Certification of Utilization.Related Matl & Certificate of Svc Encl ML20238D1941987-12-16016 December 1987 Notice of Oral Presentation.* D Held Will Be Asked to Present Orally point-by-point Response to Affidavit of B Norris on 880105 in Beaver,Pa ML20238D1731987-12-15015 December 1987 NRC Staff Motion to Establish Schedule for Oral Presentation.* Presentation Should Be Scheduled on or About 870223,per Administrative Judge 871212 & 15 Telcon Requests. Certificate of Svc Encl ML20238D2561987-12-11011 December 1987 NRC Staff Response to Spec of Claims.* Unsatisfactory Grades for Held Competency in Use & Knowledge of Tech Specs & Procedures Should Be Affirmed.Held Failing Grade on Simulator Exam Should Be Affirmed.Bs Norris Affidavit Encl ML20238D3001987-12-10010 December 1987 Affidavit of Bs Norris.* Affidavit of Bs Norris Re Exams Administered to DW Held on 860729.DW Held Performance on Three Scenarios Demonstrated Insufficient Knowledge of Tech Specs & Proper Usage of Procedures.W/Certificate of Svc ML20238D3521987-11-0909 November 1987 Memorandum & Order (Extension of Time).* Grants NRC 871106 Motion for Extension of Time Until 871211 to Respond to 871104 Order.Served on 871110 ML20238D2191987-11-0606 November 1987 NRC Staff Motion for Extension of Time.* ASLB 871104 Order Requiring Detailed & Lengthy Response to Held Spec of Claims on 871111 Cannot Be Complied With.Affidavit Encl ML20238D2671987-11-0505 November 1987 Affidavit of Bs Norris.* Extension of Time to Prepare Affidavit Until 871211 Requested.W/Certificate of Svc ML20238D6411987-11-0404 November 1987 Memorandum & Order (Applicability of 55.11(c)).* NRC 871013 Motion for Suspension of Case Denied.Precise Statement of Specific Reasons of Fact & Law Should Be Submitted by 871111,per 870819 Order.Served on 871105 ML20238D4021987-10-20020 October 1987 Memorandum & Order (Permission to Respond)* DW Held May Respond by 871109 to CP Woodhead .Served on 871021 ML20238D4061987-08-20020 August 1987 Notice of Appearance.* Notice of Author Appearance in Proceeding.Notice of Appearance of CP Woodhead in Proceeding & Certificate of Svc Encl ML20238D1691987-08-20020 August 1987 Notice of Appearance in Proceeding.* Certificate of Svc Encl ML20238D2421987-08-19019 August 1987 Memmorandum & Order,Memorandum (Written Filings Required).* Orders NRC & DW Held to Make Written Filings on Which Final Decision in Case May Be Reached.Fr Publication Encl.Served on 870820 ML20238D5051987-08-18018 August 1987 Designation of Presiding Officer.* Pb Bloch Designated as Presiding Officer for Proceeding,Per 870807 Order Granting Request for Hearing Filed by DW Held on 870306.Served on 870819 1988-08-08
[Table view] Category:ORDERS
MONTHYEARML20153D1821988-08-25025 August 1988 Memorandum & Final Order.* Director of NRR Authorized to Issue Senior Reactor Operator License to D Held Upon Finding That Held Meets Requirements of 10CFR55.Served on 880829 ML20151P5321988-08-0808 August 1988 Order.* Commission Determines That Interests of Justice & Administrative Economy Would Be Served by Allowing Case to Proceed to Hearing.Served on 880808 ML20151N5121988-07-29029 July 1988 Order.* Order Extending Time for Commission to Determine Whether to Review Memorandum & Order (Motion to Reconsider) Until 880805.Served on 880729 ML20154E4431988-05-0404 May 1988 Order.* Extends Time for Commission to Determine Whether to Review Memorandum & Order Re Motions to Reconsider Until 880603.Served on 880505 ML20147D5221988-03-0202 March 1988 Order.* Extends Time to 880404 for Commission to Determine Whether to Review Memorandum & Order (Motions to Reconsider),Per 10CFR2.772.Served on 880302 ML20238D3521987-11-0909 November 1987 Memorandum & Order (Extension of Time).* Grants NRC 871106 Motion for Extension of Time Until 871211 to Respond to 871104 Order.Served on 871110 ML20238D6411987-11-0404 November 1987 Memorandum & Order (Applicability of 55.11(c)).* NRC 871013 Motion for Suspension of Case Denied.Precise Statement of Specific Reasons of Fact & Law Should Be Submitted by 871111,per 870819 Order.Served on 871105 ML20238D4021987-10-20020 October 1987 Memorandum & Order (Permission to Respond)* DW Held May Respond by 871109 to CP Woodhead .Served on 871021 ML20238D2421987-08-19019 August 1987 Memmorandum & Order,Memorandum (Written Filings Required).* Orders NRC & DW Held to Make Written Filings on Which Final Decision in Case May Be Reached.Fr Publication Encl.Served on 870820 1988-08-08
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00LKETED USNRC UNITED S OF AMERICA NUCLEAR it . '0RY COMMISSION
'88 AUG -8 All :18 COMMISSIONERS:
OfflCE Jr -:! Jil;. .'.
Lando W. , Zech, Jr. , Chairman 00cMriiNG 4 'If.aytc[
BRANCH Thomas M. Roberts Kenneth M. Carr .
s Kenneth C. Rogers SERVED AUG -81988
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In the Matter of DAVID W. HELD (SeniorReactorOperator Docket No. 55-60402 License for Beaver Valley Nuclear Power Station, Unit 1)
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ORDER CLI 05 Upon consideration of the January 11 and February 2,1988 decisions of the Administrative Judge and the filings of the parties, the Commission has determined that the interests of justice and administrative economy would be served, under the particular circumstances of this case, by allowing the case to proceed to a hearing at this time. We note in particular the fact that Mr. Held continues to work in the Beaver Valley nuclear group for a company which has made clear its intent to pursue dual licensing of supervisory
- personnel at Beaver Valley. We note as well that the NRC staff was aware, even before the issuance of the August 7, 1987 Commission order authorizing the hearing on the denial of Mr. Held's Unit i license, that he had since obtained a senior reactor operator's license for Unit 2. If it was the staff's position 8800100077 080008 2 y SECY LIC55 0556 9
I that by applying for a Unit 2 license (and attaching a certification of need from his employer), Mr. Held had in effect waived his right to contest the dental of his Unit I license, it should have comunicated that position to Mr. Held and to the Administrative Judge in a more timely nianner. Accordingly, the case is remanded to the Administrative Judge for proceedings consistent, with this order, on the specific issue of whether Mr. Held should have been found to have passed or failed the simulator examination. The additional views of Chairman 7ech are attached.
It is so ORDERED.
[ % For the Comi ion f* Q 3 8 c 4 I
P" nA k SAMU.EL J. QULK
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7 sq p "3 Secretary of the Comission Datedatgockville, Maryland this 9 day of August, 1988.
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Additional Views of Chairman Zech While ! concur in the proposed crder, I encourage the Staff to offer Mr.
Helt the option of having the results of the disputed test expunged from his records without going through a hearing. I question the meaningfulness of a hearing two years after the simulator exam when memories of the exam
- itself may have faded. Rather then conduct a hearing where the result may be that adequate information is not available to detennine whether or not the individual has passed or failed the exam, I believe it is appropriate to offer Mr. Held the alternative of removing the exam results from his records. However, if ho still desires a hearing on this issue I believe, as stated in the above order, that he should be allowed 'to have that hearing.
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