ML20153D080

NRC Staff Response in Opposition to Request for Reconsideration.* Morabito Request for Reconsideration Found Impermissible & Should Be Rejected.Certificate of Svc Encl

ML20153D080
Person / Time
Site:	05560755
Issue date:	08/26/1988
From:	Woodhead C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	NRC COMMISSION (OCM)
References
CON-#388-6979 NUDOCS 8809020033
Download: ML20153D080 (4)

Text

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• DOCKETED usmst UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION w g 3 A9:56 BEFORE THE COMMISSION OrrKE U a E' 00CKii{fg.j?V'O In the Matter of ^

ALFRED J. MORABITO Docket No. 55-60755 (Senior Operator License for )

Beaver Valley Nuclear Power )

Station, Unit 1) )

NRC STAFF RESPONSE IN OPPOSITION TO REQUEST FOR RECONSIDERATION I. INTRODUCTION P

By pleading served August 13,1988,1/ Mr. Morabito requested raconsideration of the Commission's Order in this proceeding dated July 15, 1988. The NRC staff opposes Mr. Morabito's request and asks permission to fully respond in the event the Comnission considers the request.

II. DISCUSSION By Order dated July 1,1987 the Commission granted Mr. Morabito's request for a hearing concerning his failure of the simulator examination for Beaver Valley Nuclear Station, Unit 1 and an Administrative Judge was

! appointed to consider this matter. The Connission stated that the formal procedures in 10 C.F.R. Part 2, subpart G did not apply to the proceeding and that "[n]o petition for review will be entertained by the Commission regarding the presiding officer's decision." Order, at 3. The i

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1/ Staff notes that Mr. Morabito did not serve the Staff and a copy was not received by 0GC Hearing Division until August 23, 1988.

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Administrative Judge issued a decision on April 20, 1988 concluding, among other things, that Mr. Morabito passed the simulator examination.

Although the staff disagreed with the Administrative Judge's decision, because of the prohibition of reviews of that decision, the Staff could not appeal.

Mr. Morabito now regtssts the Commission to reconsider its July 15, 1988 Order vacating the Administrative Judge's decision and the Staff's denial of his license. 2/ Mr. Morabito's request is not authorized by the Commission's July 1, 1987 Order establishing the procedures for this proceeding. Furthermore, even if the reconsideration procedures set forth in 10 CFR 2.771 were applicable, Mr. Morabito's request would be untimely. However, if the Commission is, nonetheless, inclined to consider Mr. Morabito's request, the Staff requests permission

..e file a substantive reply tifteen days after notice, in opposition to Mr. Morabito's assertion that he should be awarded a license, because the Staff believes Mr. Morabito is unqualified to hold an NRC senior operator's license.

III. CONCLUSION For the reasons stated, Mr. Morabito's request for reconsideration is impermissible and should be re,iected. However, if this is not the case, i

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In the Matter of Alfred J. Morabito, CLI-88-4, July 15,1988, reissued with corrections on August 9, 1988.

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7, the Staff should be allowed to' file a response on the merits to Mr.

Morabito's request.

Respectfdlly submitted, Colleen P. Woodhead Counsel for NRC Staff Dated at Rockville, Maryland this 26th day of August, 1988 l

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. OOLQiy' Wmt UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '88 m; 29 A9.56 BEFORE THE COMMISSION f g . , m q f,L, 1

00cKEi M ' W -

tPMC .

In the Matter of ALFRED J. MORABITO ) Docket No. 55-60755 (Senior Operator License for Beaver Valley Nuclear Power )

Station, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE IN OPPOSITION TO REQUEST FOR RECONSIDERATION" in the above-captioned proceeding have been served on.the following by deposit in the United States mail, first class, or as inaicated by an asterisk through deposit in the Nuclear Regulatory Comission's internal mail system, this 26th day of August,1988:

Charles Bechhoefer, Esq.* Alfred J. Morabito Administrative Judge 685 Tulip Drive Atomic Safety and Licensing Board New Brighton, PA 15066 U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Jay Gutierrez*

Regional Counsel Atomic Safety and Licensing Board

• USNRC, Region I U.S. Nuclear Regulatory Comission 475 Allendale Road Washingto,1, D.C. 20555 King of Prussia, PA 19406 Atomic Safety and Licensing Appeal Docketing and Service Section*

Panel (5)* Office of the Secretary U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, D.C. 20555 Washington, D.C. 20555 Dr. David L. Hetrick, Professor Adudicatory File

• Department of Nuclear and Atomic Safety and Licensing Board Energy Engineering Panel Docket University of Arizona U.S. Nuclear Regulatory Comission Tucson, Arizona 85721 Washington, D.C. 20555 Colleen P. Woodhead Counsel for NRC Stcff