ML20151P532

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Order.* Commission Determines That Interests of Justice & Administrative Economy Would Be Served by Allowing Case to Proceed to Hearing.Served on 880808
ML20151P532
Person / Time
Site: 05560402
Issue date: 08/08/1988
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
HELD, D.W., NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#388-6875 CLI-88-05, CLI-88-5, SP, NUDOCS 8808100077
Download: ML20151P532 (3)


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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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