ML20151Q099
| 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) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 3 J1.15 P1 :04 COMMISSIONERS:
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Lando W. Zech, Jr., Chairman Thomas M. Roberts Kenneth M. Carr Kenneth C. Rogers' SERVED RJL 1.5 1988 I9N In the Matter of ALFRED J. MORABITO Docket No. 55-60755 -SP Senior Operator License for Beaver Valley Power Station.
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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outside the company's nuclear group, and that the request for his senior operator's license should be considered withdrawn.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 SECY LICDS 0556 5
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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
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y W(g)V SAMUEL J. LNILK 0'42@#
Secretary of tt e Conmission t
Dated at Rockville, Maryland 6
this Tay of July, 1988.
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