ML20151Q099

Memorandum.* Controversy Over NRC Denial of License Now Considered Moot & Underlying Denial of Senior OL for Morabito Vacated.Served on 880715.Re-served on 880809

ML20151Q099
Person / Time
Site:	05560755
Issue date:	07/15/1988
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:
References
CON-#388-6890 CLI-88-04, CLI-88-4, SP, NUDOCS 8808110033
Download: ML20151Q099 (2)

Text

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UNITED STATES OF AMERICA w

NUCLEAR REGULATORY COMMISSION 3 J1.15 P1 :04 COMMISSIONERS: OFm . '. :L

00CKUia - '"*h Lando W. Zech, Jr. , Chairman E# .

Thomas M. Roberts Kenneth M. Carr Kenneth C. Rogers' SERVED RJL 1.5 1988 In the Matter of -

I9N ALFRED J. MORABITO Docket No. 55-60755 -SP Senior Operator License for Beaver Valley Power Station. )

Unit 1 MEMORANDUM -

CLI-88-4 Administrative Judge On April 20, 1988, the Atont<-S+5ety-+nd kisen+4ng.-Bead detennined after a hearing that the NRC staff had erred in determining that Mr. Alfred J.

Morabito had failed the simulator portion of his Senior Operator License examination, and that the staff had therefore incorrectly denied Mr. Morabito a Senior Operator License. The -L-lime-Board later modified that decision, by order nf May 18, 1988, to make clear that it related only to issues adjudicated in the proceeding, and that the staff retained the authority to determine whether other requirements for a license had been met.

Also on April 20, 1988 Duquesne Light Company advised tha NRC staff that the candidate had taken employment outside the company's nuclear group, and that the request for his senior operator's license should be considered withdrawn.

8808110033 000715 5 SECY LICDS 0556 f

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

Judge Although Mr Horabito has suggested, in a May 10, 1988 letter to the L-itens4ng Board, that the license be issued retroactively and then cancelled as of the date that the company withdrew its certification of need, we believe that this would be an empty ev.cecise. Since Mr. Morabito does not dispute that he cannot now hold a Senior Operator License, the controversy over the staff's denial of the license is now moot, end the N S O b s 8ecl$1on and the staff's underlying denial are therefore vacated.

It is so ORDERED.

FogtheCommission S (

1" $ {;c w h J. 0+

Q [W y W(g)V SAMUEL LNILK Secretary of tt e Conmission 0'42@# t Dated at Rockville, Maryland 6

this Tay of July, 1988.

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