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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20197J2871998-12-11011 December 1998 Initial Decision (Application for Senior Reactor Operator License).* Appeal of R Herring of NRC Denial of Application for SRO License Denied.With Certificate of Svc.Served on 981211 ML20151Y0601998-09-11011 September 1998 Affidavit of DC Payne.* Supports Denial of Application of Rl Herring for SRO License ML20151W5941998-09-11011 September 1998 Affidavit of Cd Payne.* Affidavit Re NRC Staff Proposed Denial of Rl Herring Application for Senior Reactor Operator License for Use at Catawba Nuclear Station,Units 1 & 2 ML20151W5721998-09-11011 September 1998 NRC Staff Presentation in Support of Denial of Senior Reactor Operator License for Dl Herring.* Staff Decision to Fail Dl Herring on Category a of SRO Exam,Clearly Justified. Staff Denial of Herring SRO License Should Be Sustained ML20151W6311998-09-0808 September 1998 Affidavit of ET Beadle.* Affidavit Relates to Denial of Senior Reactor Operator License Application for Rl Herring. with Certificate of Svc ML20151W6131998-09-0808 September 1998 Affidavit of Mn Leach in Support of NRC Staff Response to Rl Herring Written Presentation.* ML20237B6931998-08-13013 August 1998 Rl Herring (Denial of Operator License for Plant).* Rl Herring Submitted Written Presentation Arguments,Data, Info Matl & Other Supporting Evidence,Per Presiding Officer 980630 Order & 10CFR2.1233.W/one Oversize Drawing ML20237A3831998-08-12012 August 1998 NRC Staff Request for Extension of Time to File Response to Rl Herring Written Presentation.* Staff Respectfully Requests Motion for Extension of Time of 2 Wks to Respond to Herring Presentation Be Granted.W/Certificate of Svc ML20237B5571998-08-12012 August 1998 NRC Staff Request for Extension of Time to File Response to Rl Herring Written Presentation.* Granted by C Bechhoefer on 980818.W/Certificate of Svc.Served on 980818 ML20236T8511998-07-21021 July 1998 Specification of Claims.* Rl Herring Claims That Answer Given on Exam Was Correct When TSs Are Considered & When Design Basis Document Considered in Conjunction W/Duke Power Nuclear Sys Div.W/Certificate of Svc.Served on 980727 ML20236F5391998-06-30030 June 1998 Memorandum & Order (Hearing File & Spec of Claim).* Orders That Brief Spec of Claims Should Be Filed by Herring,Telling Why He Believes Staff Erred in Grading Exam.Staff Must Furnish Hearing File.W/Certificate of Svc.Served on 980630 ML20236F5631998-06-30030 June 1998 Notice of Hearing.* Presiding Officer Has Granted Request of Rl Herring for Hearing on NRC Denial of Application for Operator License for Plant.W/Certificate of Svc.Served on 980630 ML20249B9141998-06-24024 June 1998 NRC Staff Response to Request for Hearing Filed by Applicant,Rl Herring.* Staff Does Not Object to Granting of Request for Hearing.W/Certificate of Svc ML20249A6681998-06-16016 June 1998 Designation of Presiding Officer.* Presiding Officer Has Appointed Administrative Judge Rf Cole to Assist Presiding Officer in Taking Evidence & Preparing Suitable Record for Review.W/Certificate of Svc.Served on 980617 ML20149K8221997-07-29029 July 1997 Exemption from Requirements of 10CFR70.24, Criticality Accident Requirements. Exemption Granted TXX-9522, Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources1995-08-26026 August 1995 Comment Opposing Proposed GL on Testing of safety-related Logic Circuits.Believes That Complete Technical Review of All Surveillance Procedures Would Be Expensive & Unnecessary Expenditure of Licensee Resources ML20065P4491994-04-21021 April 1994 Comment Opposing Proposed Rule 10CFR50.55 Recommendation to Incorporate Proposed Rule to Adopt ASME Code Subsections IWE & Iwl ML20044G7371993-05-25025 May 1993 Comment on Proposed Rules 10CFR170 & 171, FY91 & 92 Proposed Rule Implementing Us Court of Appeals Decision & Rev of Fee Schedules;100% Fee Recovery,FY93. Opposes Rule ML20101R5931992-07-0606 July 1992 Comment on Proposed Rule 10CFR50 Re Loss of All Alternating Current Power & Draft Reg Guide 1.9,task DG-1021.Opposes Rule ML20091Q8661992-01-31031 January 1992 Comment Opposing Draft NUREG-1022,Rev 1, Event Reporting Sys,10CFR50.72 & 50.73,Clarification of NRC Sys & Guidelines for Reporting ML20087F7471992-01-15015 January 1992 Comment Opposing Rev 1 of NUREG-1022, Event Reporting Sys ML20247J8921989-08-31031 August 1989 Order Imposing Civil Monetary Penalty in Amount of $75,000, Based on Violations Noted in Insp on 881127-890204,including Operation in Modes 1-4 W/One Independent Containment Air Return & Hydrogen Skimmer Sys Inoperable for 42 Days ML20246J6571989-08-31031 August 1989 Order Imposing Civil Monetary Penalty on Licensee in Amount of $75,000 for Violations Noted in Insp on 881127-890204. Payment of Civil Penalty Requested within 30 Days of Order Date.Evaluations & Conclusions Encl ML20205N1471988-10-20020 October 1988 Comment on Petition for Rulemaking PRM-50-50 Re Provision That Authorizes Nuclear Power Plant Operators to Deviate from Tech Specs During Emergency.Request by C Young Should Be Denied ML20234D2821987-09-15015 September 1987 Joint Intervenors Emergency Motion to Continue Hearing for 2 Wks & for Immediate Prehearing Conference.* Urges That Hearing Re Offsite Emergency Planning at Plant,Scheduled for 870928,be Continued Until 871013.Certificate of Svc Encl ML20198C5771986-05-14014 May 1986 Transcript of 860514 Discussion/Possible Vote on Full Power OL for Catawba 2 in Washington,Dc.Pp 1-86.Viewgraphs Encl ML20203N4561986-02-20020 February 1986 Unexecuted Amend 6 to Indemnity Agreement B-100,replacing Item 3 of Attachment to Agreement W/Listed Info ML20151P2231985-12-31031 December 1985 Order Extending Time Until 860110 for Commissioners to Review ALAB-825.Served on 851231 ML20136H7231985-11-21021 November 1985 Decision ALAB-825,affirming Remaining Part of ASLB OL Authorization,Permitting Applicant to Receive & Store Spent Fuel Generated at Duke Power Co Oconee & McGuire Nuclear Power Facilities.Served on 851121 ML20138B3611985-10-11011 October 1985 Order Extending Time Until 851025 for Commission to Act to Review ALAB-813.Served on 851011 ML20137W4311985-10-0202 October 1985 Order Extending Time Until 851011 for Commission to Act to Review ALAB-813.Served on 851003 ML20134N5761985-09-0404 September 1985 Order Extending Time Until 851004 for Commission to Act to Review ALAB-813.Served on 850904 ML20126M2091985-07-30030 July 1985 Order Amending First Paragraph of Footnote 126 Re Need for Power & Financial Qualifications in ALAB-813 . Served on 850731 ML20126K7701985-07-26026 July 1985 Order Extending Time Until 850730 for Commission to Act to Review Director'S Decision DD-85-9.Served on 850729 ML20129C2351985-07-26026 July 1985 Decision ALAB-813 Affirming Aslab Authorization of Issuance of Full Power Ol,Except Insofar as Receipt & Storage Onsite of Spent Fuel Generated at Other Facilities.Served on 850729 ML20129K1651985-07-19019 July 1985 Order Extending Time Until 850726 for Commission to Act to Review Director'S Decision DD-85-9.Served on 850719 ML20129H9361985-07-10010 July 1985 Unexecuted Amend 5 to Indemnity Agreement B-100,changing Items 1 & 3 of Attachment ML20128K2171985-07-0808 July 1985 Order Extending Time Until 850719 for Commission to Act to Review Director'S Decision DD-85-9.Served on 850709 ML20127P0991985-06-28028 June 1985 Transcript of 850628 Supplemental Oral Argument in Bethesda, Md.Pg 99-169 ML20133C5201985-06-26026 June 1985 Undated Testimony of PM Reep Re Welding Inspector Concerns. Rept of Verbal Harassment Encl ML20127K7171985-06-24024 June 1985 Order Extending Time Until 850709 for Commission to Act to Review Director'S Decision DD-85-9 ML20126K6391985-06-17017 June 1985 Order Advising That Counsel Be Familiar W/Content of Commission Request for Public Comment on Decision to Exercise Discretionary Price-Anderson Act Authority to Extend Govt Indemnity to Spent.... Served on 850618 ML20126B8101985-06-13013 June 1985 Order Scheduling Supplemental Oral Argument on Pending Appeals on 850628 in Bethesda,Md Re Public Notice of Hearing Concerning Use of Facility for Receipt & Storage of Spent Fuel from Oconee & Mcguire.Served on 850613 ML20126E4601985-06-13013 June 1985 Notice of Supplemental Oral Argument on Pending Appeals on 850628 in Bethesda,Md.Served on 850613 ML20125B4251985-06-0707 June 1985 Responds to Aslab 850603 Order Requesting Response to NRC 850529 Filing Re Whether Notice of Proposal to Use Catawba to Store Oconee & McGuire Spent Fuel Discretionary or Required.Certificate of Svc Encl ML20126A7631985-06-0404 June 1985 Director'S Decision DD-85-9 Granting & Denying in Part Palmetto Alliance Request for Mod,Suspension or Revocation of CPs for Facilities Due to Harassment & Intimidation of QC Inspectors ML20129A6381985-06-0303 June 1985 Order Allowing Applicant to File & Serve Response to NRC 850529 Assertion Re Storage of Spent Fuel Generated at Another Facility Constituting Use of Commercial Utilization Facility No Later than 850607.Served on 850604 ML20128P1031985-05-29029 May 1985 Memorandum Responding to Palmetto Alliance/Carolina Environ Study Group & Staff 850517 Memoranda Asserting That Fr Notice Not Reasonably Calculated to Inform of Requests Re Spent Fuel.Certificate of Svc Encl ML20128P0001985-05-29029 May 1985 NRC Views on Whether Notice of Proposal to Use Facility to Store Oconee & McGuire Spent Fuel Required or Discretionary. Certificate of Svc Encl ML20127K0231985-05-20020 May 1985 Order Extending Time Until 850529 for Aslab to Act to File & Svc Reply Memoranda.Served on 850521 1998-09-08
[Table view] Category:PLEADINGS
MONTHYEARML20151W5721998-09-11011 September 1998 NRC Staff Presentation in Support of Denial of Senior Reactor Operator License for Dl Herring.* Staff Decision to Fail Dl Herring on Category a of SRO Exam,Clearly Justified. Staff Denial of Herring SRO License Should Be Sustained ML20237A3831998-08-12012 August 1998 NRC Staff Request for Extension of Time to File Response to Rl Herring Written Presentation.* Staff Respectfully Requests Motion for Extension of Time of 2 Wks to Respond to Herring Presentation Be Granted.W/Certificate of Svc ML20237B5571998-08-12012 August 1998 NRC Staff Request for Extension of Time to File Response to Rl Herring Written Presentation.* Granted by C Bechhoefer on 980818.W/Certificate of Svc.Served on 980818 ML20249B9141998-06-24024 June 1998 NRC Staff Response to Request for Hearing Filed by Applicant,Rl Herring.* Staff Does Not Object to Granting of Request for Hearing.W/Certificate of Svc ML20234D2821987-09-15015 September 1987 Joint Intervenors Emergency Motion to Continue Hearing for 2 Wks & for Immediate Prehearing Conference.* Urges That Hearing Re Offsite Emergency Planning at Plant,Scheduled for 870928,be Continued Until 871013.Certificate of Svc Encl ML20127H0041985-05-17017 May 1985 Response to Aslab Questions on Adequacy of Notice of Proposed Use of Facility to Store Spent Fuel from Oconee & McGuire Facilities.Aslab Has No Jurisdiction Over Proposal. Certificate of Svc Encl ML20127N0831985-05-17017 May 1985 Memorandum in Response to 850425 Aslab Order for Intervenors to Address Spent Fuel Storage Questions.Certificate of Svc Encl ML20106G4911985-02-13013 February 1985 Opposition to Apellants Palmetto Alliance & Carolina Environ Study Group Brief Re Known But Uncorrected QA Program Workmanship Defects That Could Affect Issuance of Ol. Certificate of Svc Encl ML20101E8341984-12-21021 December 1984 Opposition to Intervenors Application for Stay Pending Administrative & Judicial Review.Intervenors Have Not Provided Evidence of Error in Any Rulings.Certificate of Svc Encl ML20108E0311984-12-10010 December 1984 Application for Stay Pending Administrative & Judicial Review of 840622 Partial Initial Decision & 840918 Supplemental Partial Initial Decision on Emergency Planning. Certificate of Svc Encl ML20097J3781984-09-17017 September 1984 Motion for Further Proceedings to Determine Extent & Significance of Foreman Override Practice at Plant.Further Discovery Requested ML20093N5861984-07-30030 July 1984 Motion for Changes to Transcript of Emergency Planning Hearing to Correct Matl Errors.Aslb Requested to Issue Order Directing That Evidentiary Record Be Amended,Incorporating Encl Changes ML20090F3441984-07-16016 July 1984 Motion for Extension of Time for Filing of Briefs to Provide That Briefs of All Parties Would Be Filed After Rendering of Remaining Partial Initial Decisions Now Expected in Oct. Certificate of Svc Encl ML20090G2661984-07-16016 July 1984 Joint Motion for Extension of Time to File Briefs Re 840702 Appeal of 840622 Partial Initial Decision on Emergency Planning.Granted on 840720 by Aslab ML20092N1411984-06-28028 June 1984 Answer Opposing Palmetto Alliance & Carolina Environ Study Group 840531 Motion to Compel Discovery Re Tdi Diesel Generators.Certificate of Svc Encl.Related Correspondence ML20093E3981984-06-27027 June 1984 Request for Action Under 10CFR2.206 to Institute Proceeding to Modify,Suspend or Revoke CP Re Alleged Instances of Harassment & Intimidation of QC Inspectors & Numerous Violations of 10CFR50,App B ML20091J4891984-05-31031 May 1984 Motion to Quash Subpoena for Tl Odom,Chairman,Mecklenburg County Board of Commissioners.Certificate of Svc Encl. Related Correspondence ML20091K6001984-05-31031 May 1984 Joint Motion to Compel Discovery from Applicants Re 840326 Interrogatories & Requests to Produce Documents on Emergency Diesel Generator Contentions.Certificate of Svc Encl.Related Correspondence ML20205Q7791984-05-0101 May 1984 Response to Applicant 840411 Motion for Authorization to Issue License to Load Fuel & Conduct Certain Precritical Testing.Affidavit of Gn Lauber & Certificate of Svc Encl ML20083K6041984-04-11011 April 1984 Motion for Authorization to Issue License to Load Fuel & Conduct Certain Precritical Tests ML20088A0731984-04-0606 April 1984 Motion to Dismiss Intervenor late-filed Contention Re Crankshaft Design of Transamerica Delaval Emergency Diesel Generators.Intervenors Cannot Be Expected to Make Any Sound Contribution.Certificate of Svc Encl ML20087P4061984-04-0404 April 1984 Motion for Protective Order Re Further Response to Palmetto Alliance & Carolina Environ Study Group Interrogatories & Requests to Produce Documents on Contentions.W/Certificate of Svc.Related Correspondence ML20080L1461984-02-14014 February 1984 Motion for Extension of Time for Filing Partial Proposed Findings from 840222 to 840307.Consolidation Will Obviate Need for cross-referencing.Certificate of Svc Encl ML20086L3721984-02-0202 February 1984 Response Opposing Applicant Motion to Bifurcate Hearing Re Emergency Plan Contentions.Bifureation Would Inhibit Development of Adequate Record on Emergency Plan Issues. Affirmation of Svc Encl ML20079N3541984-01-25025 January 1984 Motion for Leave to File Reply Brief to Applicant & NRC Answers to Palmetto Alliance Motion for Directed Certification of ASLB Denial of Discovery on Newly Admitted Contentions ML20079N3611984-01-25025 January 1984 Brief in Reply to Applicant & NRC Answers to Palmetto Motion for Directed Certification of ASLB Denial of Discovery.Fair Hearing Should Be Held on Newly Admitted Contentions ML20079G5011984-01-18018 January 1984 Motion to Bifurcate Hearing & Request for Appointment of Separate ASLB to Rule on Emergency Plan Contentions ML20083J2341984-01-12012 January 1984 Petition for Directed Certification of ASLB 831230 Denial of Applicant Motion to Reconsider Order Revising & Admitting Emergency Planning Contention 11 Re Size of Emergency Planning Zone.Certificate of Svc Encl ML20083J4251984-01-0303 January 1984 Response Opposing Palmetto Alliance Motions to Direct Certification of ASLB Rulings on Discovery Re in Camera Witness Testimony & to Require That Record Remain Open Pending Opportunity for Discovery.W/Certificate of Svc ML20083C0511983-12-16016 December 1983 Motion for Direct Certification of ASLB 831213 & 14 Denials of Discovery by Palmetto Alliance on Issues Raised by in Camera Witnesses.Record Should Remain Open.Certificate of Svc Encl ML20082L0951983-12-0202 December 1983 Answer Opposing Govt Accountability Project Motion for Leave to File Amicus Curiae Brief & Motion to Strike.Portions of Motion & Affidavits W/O Record Support & Invalid.Certificate of Svc Encl ML20082J4071983-12-0101 December 1983 Motion for Leave to File Brief Amicus Curiae Out of Time. Brief Would Address Commission 831117 Order Deferring Util 831115 Request to Stay ASLB Rulings Re Intervenor Contact W/ Util Employee Witnesses.Certificate of Svc Encl ML20082J4451983-12-0101 December 1983 Amicus Curiae Brief Opposing Commission 831117 Order on Applicant Motion to Stay ASLB 831110 & Aslab 831114 Rulings. Order Violates Due Process Rights of Applicant.Certificate of Svc Encl ML20082E5481983-11-23023 November 1983 Amicus Curiae Brief on Util 831115 Request for Stay of ASLB 831114 Order Re Intervenor Contact W/Util Employees Scheduled to Testify in OL Hearings ML20082E5321983-11-23023 November 1983 Motion for Leave to File Amicus Curiae Brief Re Util Motion for Stay of ASLB Order Permitting Intervenor Contact W/Util Employees Scheduled to Testify ML20082E1441983-11-23023 November 1983 Answer Opposing Applicant Motion for Stay of ASLB & Aslab Orders.Public Interest Favors Denying Motion.Applicants Failed to Prove Need for Extraordinary Relief Requested. Notice of Appearance & Certificate of Svc Encl ML20086A9341983-11-15015 November 1983 Motion for Stay of ASLB 831110 & Aslab 831114 Orders Re Discussions Between Employee Witnesses & Intervenors.Since Hearing in Progress,Contact Between Util Employee Witnesses & Intervenor Inappropriate.Certificate of Svc Encl ML20081K6491983-11-0303 November 1983 Motion for Reconsideration of ASLB 830929 Order Revising & Admitting Contention 11 & for Rejection of Contention or Application of 10CFR2.758 Procedures or Referral of Ruling Per 10CFR2.730(f) ML20078B5791983-09-23023 September 1983 Response Opposing Palmetto Alliance 830909 Oral Motion to Reopen Discovery on Contention 6 Re RHR & HVAC Sys,Auxiliary Feedwater Sys & General Design.Issues Do Not Constitute New Info or New Contentions.Certificate of Svc Encl ML20078B8511983-09-23023 September 1983 Objection to ASLB 830914 Prehearing Conference Order, Motion for Reconsideration & Other Relief & Request for Certification or Referral.W/List of Witnesses to Be Subpoenaed Re Palmetto Contention 6 & Certificate of Svc ML20078C8151983-09-23023 September 1983 Objections to ASLB 830914 Prehearing Conference Order.Since Util Has Burden of Proof on Contention 44/18,util Should Have Opportunity to Provide Rebuttal Testimony ML20076L6661983-09-14014 September 1983 Petition Per 10CFR2.206 to Modify CP to Require Independent Contractor Review of as-built Conditions,Design Deficiencies & Qa/Qc Program & to Require Mgt Audit.Certificate of Svc Encl ML20080D4721983-08-26026 August 1983 Motion to Strike or to Require Palmetto Alliance to Comply W/Obligation to Specify Any Addl Concerns of WR Mcafee & Nr Hoopingarner Under Contention 6.Certificate of Svc Encl ML20080D5311983-08-26026 August 1983 Answer Opposing Util & NRC Motions for Summary Disposition of Contentions 11,17 & 27.Many Substantial & Matl Issues of Fact Exist Affecting Public Health & Safety & Environ. Certificate of Svc Encl ML20080C2231983-08-17017 August 1983 Response Opposing Palmetto Alliance 830805 Motion for Sanctions Against Util by Dismissing Motions for Summary Disposition.Motion Factually Inaccurate in Accusations & Legally Insufficient.Certificate of Svc Encl ML20076A8081983-08-15015 August 1983 Response Opposing Util & NRC Motions for Summary Disposition of Carolina Environ Study Group Contention 18/Palmetto Alliance 44.Matl Facts Do Not Relate to Reactor Ability to Withstand Stress.Affirmation of Svc Encl ML20077J5791983-08-15015 August 1983 Motion to Require Palmetto Alliance Compliance W/Terms of ASLB 830620 Memorandum & Order to Advise Other Parties of Addl Concerns within Scope of Contention 6.New Alleged Const Deficiencies Must Be Delineated.Certificate of Svc Encl ML20077J4581983-08-12012 August 1983 Answer Opposing Applicant Motion for Partial Summary Disposition of Contention 6 & Response to Staff 830803 Supporting Answer.Substantial & Matl Issues of Fact Exist ML20024E2931983-08-0505 August 1983 Motion for Sanctions Against Applicant Based on Behavior Re Discovery & Prehearing Procedures & Re Contentions 16 & DES- 19.Util Misrepresented Facts.Util Motion for Summary Disposition Should Be Dismissed.W/Certificate of Svc ML20024E3441983-08-0505 August 1983 Response to NRC & Util Motions for Summary Disposition of Contentions 16,DES-19 & 14.Matl Facts as to Which There Is Genuine Issue to Be Heard Encl for Contentions 16 & DES-19 1998-09-11
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O dp DOCKETED USHRC f September 11,1998 1 98 SEP 14 A9 222 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION m O F FiC F b~ ~ #- , T F
BEFORE THE PRESIDING OFFICERhc -
l In the Matter of )
l
) Docket No. 55-22234-SP RANDALL L. HERRING )
L ) ASLBP No. 98-745-01-SP (Denial of Senior Reactor Operator's )
l License A'pplication) )
l NUCLEAR REGULATORY COMMISSION STAFF PRESENTATION IN SUPPORT OF DENIAL OF SENIOR REACTOR OPERATOR LICENSE FOR RANDALL L HERRING INTRODUCTION This proceeding concerns the denial of a senior reactor operator license for Randall L. Herring. It is governed by the informal hearing procedures set forth in 10 C.F.R. Part 2.
Subpart L. See 10 C.F.R. { 2.1201(a)(2). Mr. Herring took the examination for a senior I l reactor operator (SRO) license on December 2 - 5 and 16 - 18,1997. He passed the written l'
and simulator portions of the examination, but performed unsatisfactorily on the walk-l through portion of the examination. The NRC, in a letter dated May 18,1998, informed Mr. Herring that the NRC proposed to deny his application for an SRO license.' On June 7, 4
1998, Mr. Herring filed a request for a hearing on the proposed denial of his SRO license, pursuant to 10 C.F.R. { 2.1205.
' Mr. Herring had been informed of the proposed denial of the license application by letter dated January 27,1998. (Hearing File Item 22) On February 11,1998,he requested an informal NRC staff review of the grading of the examination. (Hearing File Item 23) The May 18,1998 letter was sent at the conclusion of the informal review process. l (Hearing File Item 31) !
)
I 9809160032 980911 4 l
~PDR ADOCK 05000413 .'
O PDR \ }gO l l
. On August 14, 1998, Mr. Herring filed his written presentation. The Nuclear Regulatory Commission staff (Staff) hereby files its response to Mr. Herring's written presentation, consisting of the within brief and attached affidavits of D. Charles Payne2and Melvyn Leach of the NRC staff, and E. Thomas Beadle, Nuclear Instructor, Operator Training Center, Catawba Nuclear Station.
DISCUSSION Section 107 of the Atomic Energy Act (AEA),42 U.S.C. 2137, requires the NRC 1
to determine the qualifications ofindividuals applying for a reactor operator license, and j authorizes the NRC to promulgate such regulations as are necessary to establish uniform conditions for licensing such individuals. The NRC regulations implementing Section 107 of the AEA are found in 10 C.F.R. Part 55. Pursuant to 10 C.F.R. 55.4, a reactor
" operator" is defined as "any individual licensed under this part to manipulate a control of ,
a facility." A " senior operator" is defined in @ 55.4 as "any individual licensed under this i part to manipulate the controls of a facility and to direct the licensed activities oflicensed i
operators."
The Commission's regulations in 10 C.F.R. 55.33 require that applicants for SRO licenses pass both a written examination and an operating test. The operating test must be
. administered in a plant walk-through and a simulation facility, pursuant to 10 C.F.R.
1 I
l T
2 The attachd affidavit signature page is a facsimile containing an unnotarized signature. A notarized affidavit will be filed shortly.
l l*
55.45(b). The content of the operating test taken by applicants for SRO licenses is governed by 10 C.F.R. 55.45(a), and will be identified, in part, from leaming objectives derived from a systematic analysis oflicensed operator and senior operator duties performed by each facility licensee and contained in its training program and from information in the Final Safety Analysis Report, system description manuals and operating procedures, facility license and license amendments, License Event Reports, and other materials requested from the facility licensee by the Commission. The operating test, to the extent applicable, requires the applicant to demonstrate an understanding of and the ability to perform the actions necessary to accomplish a representative sample from among . . 13 items.
To promote equitable and consistent administration of operator licensing examinations taken at different nuclear facilities, the Staff has published Interim Revision 8 of NUREG-1021, " Operator Licensing Examination Standards for Power Reactors,"
(NUREG-1021), which contains specific instructions and guidelines for developing, administering, and grading every aspect of the licensing examination. NUREG-1021, encourages licensees to develop licensing examinations for their own Reactor Operators (ROs) and SROs, to be approved and administered by the NRC, under a pilot program designed to determine whether 10 C.F.R. Part 55 should be amended to require licensees to develop their own licensing examinations. Catawba developed the licensing examination administered to Mr. Herring by the NRC.
As set forth in NUREG-1021, the walk-through portion ofthe operating test consists of two categories, A) Administrative Topics and B) Control Room Systems and Facility Walk-Through, and implements items 3,4, and 7 through 12 that are identified in 10 C.F.R.
{ 55.45(a). (Administrative Topics implements items 9 through 12). According to the I
. I Specific Instructions for Category A, " Administrative Topics," contained in NUREG-1021, e
section ES-301, every applicant is evaluated on four administrative topics (Conduct of ,
l Operations, Equipment Control, Radiation Control, and Emergency Plan), and ". . . SROs have more administrative responsibilities than ROs, so SRO applicants should be evaluated l in greater depth on the administrative topics." NUREG-1021, section ES-301 at 10.
Specifically, as to the level of knowledge expected of SROs relating to Topic A.4,
" Emergency Plan," section ES-301 states at Il-12:
3 There are significant differences between the knowledge required of RO and i SRO applicants in this area. RO applicants should be familiar with the emergency plan and with their plant-specific responsibilities under the emergency plan implementing procedures (EPIPS). SRO applicants,
- however, must demonstrate additional knowledge based upon their responsibility to direct and manage the implementation of the EPIPS during !
the initial phases of an emergency. Because of this, SRO applicants should j have a more detailed understanding of the EPIPS, in general, and be familiar
! with event classification procedures, protective action recommendations, and l
- communication requirements and methods. l l
, The applicant is administeredjob performance measures (JPM) or specific questions l
designed so that the examiners can evaluate the applicant's competence in each !
I l
} administrative topic. In accordance with section ES-303, " Documenting and Grading l
- I Operating Tests Administered at Power Reactors," of NUREG-1021, applicants are graded
)
either "S" (satisfactory) or "U" (unsatisfactory) on their knowledge and understanding of each administrative topic. If the applicant has a "U" in only one administrative topic, the examiner may fail the applicant in Category A, depending on the importance of the noted deficiency. If there are two or more "U"s, the applicant will fail Category A. NUREG-1021, section ES-303 at 4. In order to receive an "S", the applicant must be found to have
. a satisfactory working knowledge and understanding of the topic with very good competence in operation of equipment and familiarity with equipment and procedtires. A l
"U" is warranted in a topic ifan applicant had difficulty answering questions and describing j interactions of systems, shows a lack of familiarity with equipment and procedures, and is l unable to answer questions or answers questions incorrectly or incompletely. NUREG-1021, ES-303 at 1. Mr. Herring's test for a Senior Reactor Operator license was conducted within the regulatory framework set forth above.
The Staff submits that Mr. Herring has failed to meet his burden of showing that the i
Staffincorrectly scored the operating portion ofhis test. See FrankJ. Calabrese, Jr. (Denial of Senior Reactor Operator License), LBP-97-16,46 NRC 66,68 (1997). "The NRC helps to ensure the health and safety of the public by requiring reactor operators to successfully demonstrate their knowledge of nuclear power plant operation before they are licensed."
Emerick S. McDaniel(Denial of Application for Reactor Operator License), LBP-96-17, 44 NRC 79,80 (1996)(citations omitted). Mr. Herring failed to successfully demonstrate his knowledge. As more fully described in the affidavit of D. Charles Payne, attached hereto, Mr. Herring, in his answer to Topic A.2, question 1 of the examination, failed to follow the applicable Technical Specification (TS) and Design Basis Document (DBD).
Despite his training in this area and despite the licensee's expectations regarding SRO actions, Mr. Herring did not refer to the appropriate DBD. His enalysis, which found the Nuclear Service Water (RN) System operable in contravention of the TS and DBD, is, as l more fully explained in the affidavits appended hereto, not correct. Therefore, the Staff was l correct in finding his answer to be unsatisfactory. "[I]n undertaking the crucial
- responsibility ofoperating, and directing others in the operation of, a nuclear power reactor, individuals like [the applicant] are expected to follow the procedures that have been I established to ensure the safe operation of the facility." Calabrese, LBP-97-16,46 NRC at 89. The established procedures here, as more fully explained in the attached affidavits I
of D. Charles Pay le and E. Thomas Beadle, required a finding ofinoperability, pursuant to the TS and the DBD.3 Mr. Herring's failure to follow the established procedures resulted in an answer - operabilility - that was incorrect under the circumstances, and, to this day, Mr. Herring still contends that his answer was and is correct. The Staff submits that Mr.
! Herring's answer, analysis and inability to comprehend that his answer is incorrect evince l
a poor understanding of the knowledge, abilities and functions of an SRO and a poor understanding of the procedures an SRO is required to follow. The safety impact of Mr.
Herring's failing in this regard is significant, especially when applied to the numerous decisions regarding operability and other TS requirements which an SRO is expected to make during the course of his job. If each SRO decided individually not to follow applicable TSs and DBDs, as Mr. Herring did in this case, it would not be long before a plant was being operated outside ofits design basis, TS, or the regulations.
3 Mr. Herring's previous assertion as to topic A.2, that he thought that he was restricted to references in the control room, (Hearing File item 23 B), is not supported by the examiner's recollection, the instructions given to him, or the procedure utilized in i administering the test, as more fully discussed in the affidavit of D. Charles Payne. His assertion that he told the examiner, in his answer to question 1, that the valve in question had to be tagged closed with power removed are not supported by the examiner's contemporaneous notes or his recollection.
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In his contention relating to Administrative Set 4.A.4 (the Emergency Plan question which required him to make a Protective Action Recommendation (PAR) based on a specified set of conditions during a general emergency and then reevaluate the PAR based on changed meteorological conditions), Mr. Herring alleges that the procedure he used was confusing and did not direct him to the correct table. As more fully addressed in the l attached affidavit of D. Charles Payne, the Staff submits, inter alia. that if Mr. Herring had
! the required knowledge of the emergency procedures, he would have known that the table 1
he used was incorrect. With sufficient knowledge he would have referred to the cor ect table, or, at the very least, he would have realized that he was evacuating too many l Protective Action Zones considering the change in conditions. If he felt that the procedure i
was confusing, he should have raised the issue with the examiner. See, e.g., McDaniel, I
i LBP-96-17,44 NRC at 81-82 (ambiguity of test question alleged should be raised with examiner). See also NUREG-1021, Appendix E, Part A. 2 ("If you have any questions j concerning the administration of any part of the examination, do not hesitate asking them before starting that part of the test") and Part C.1 ("If you are asked a question or directed to perform a task that is unclear, you should not hesitate to ask for clarification.").
It is impossible to test each license applicant under every situation to which he or l
l she might have to respond as a senior reactor operator. The applicants are tested using questions containing a cross-section of situations that enable the StafTto draw inferences regarding the applicant's knowledge, ability and competence to safely operate the facility in accordance with the licensee's procedures, license and amendments. Given the nature I
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of Mr. Herring's errors, the Staffis not confident that he would comply with the f -ility licensee's approved procedures in other situations.
CONCLUSION 1
As set forth in the attached affidavits, the Staffconducted Mr. Herring's examination '
within the applicable regulatory framework. Mr. Herring's deficiencies in the Administrative Category topics - Equipment Control and Emergency Plan - were significant with potential adverse consequences, and evidenced a poor working knowledge and lack of familiarity with the licensee's procedures and requirements. Therefore, the Staff's decision to fail him on the Category A of the SRO examination was clearlyjustified. Mr. Herring's after-the-fact justification for his incorrect answers is not supported by the examiner's contemporaneous notes or recollection or by licensee procedures under which SROs are expected to operate.
The Staff's denial of Mr. Herring's SRO license should be sustained.
1 Respectfully submitted,
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[l 1 pu)1> y usan L. Uttal Counsel for NRC Staff l
Dated at Rockville, Maryland this 1Ith day of September,1998 1
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