ML20154H772

Motion of NRC Staff for Clarification of Administrative Judge Decision of 880420.* Clarification of Order So That Authorization for NRC to Issue Senior Reactor Operator License to Morabito Clear Requested.W/Certificate of Svc

ML20154H772
Person / Time
Site:	05560755
Issue date:	05/04/1988
From:	Vogler B NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#288-6347 NUDOCS 8805260064
Download: ML20154H772 (4)

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ClicN3 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE JUDGE in the Matter of )

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ALFRED J. MORABITO ) Docket No. 55-60755

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(Senior Operator License for )

Beaver Valley Nuclear Power )

Station, Unit 1) )

MOTION OF THE NRC STAFF FOR CLARIFICATION OF THE ADMINISTRATIVE JUDGE'S DECISION OF APRIL 20, 1988 in a Decision issued April 21, 1988, O Administrative Judge Bechhoefer determined that, based upon his review of the record herein, the captioned Individual had passed the simulator portion of the examina-tion for a Senior Reactor Operator (SRO) license and should be issued a SRO license for the Beaver Valley Power Station (BVPS) Unit 1. Accord-sngly, the Administrative Judged "directed" that the Director, Office of Nuclear Reactor Regulation (NRR) or, as appropriate, the Regional Ad-ministrator, Region I, Issue to Mr. Morabito a SRO license for the BVPS,

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1/ In the Matter of Alfred J. Morabito (Senior Reactor Operator Li-censeTT.BP-BB-10, ( April 20,1985) Silp op.

8805260064 880504 SECY LIC55 05560755 Q

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Unit 1, subject to the star.dard terms and conditions which govern such licen;es. U The Staff seeks clarification of that portion of the Administrative Judge's Order which directs that the SRO License be issued. While the Staff is aware that the instant Declslon is dispositive of all of the issues in controversy that were pending before the Administrative Judge, sub-ject to Commission review on its own motion of the decision, we polr.t out that there are other issues and requirements contained in 10 C.F.R.,

Part 55 that were not in controversy before the Administrative Judge and that must be resolved before a SRO license can be issued. It is the Di-rector, NRR or, as appropriate, the Regional Administrator, Region I, who must make the necessary findinos on these issues not in controversy in this proceed;ag. The Administrative Judge's Order might be read to preclude the appropriate official from having the opportunity to make findings consistent with the Commission's Regulations. We do not believe that this is the intent of the Presiding Office's decision. Nevertheless, it would be desirable to clarify the language to make clear the intention of the Presiding Officer to authorize the Director to issue the SRO License to Mr. Morabito upon making findings with respect to those matters not decided by the Presiding Officer in this Decision.

CONCLUSION The Staff seeks clarification of the Administrative Judge's Order so that it is clear that the appropriate NRC staff authority is authorized, 2/ Id. at 60-61, slip op.

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upon making the necessary findings on all applicable matters set forth in 10 C.F.R. Part 55, to issue a SRO license to Mr. Morabito.

RasMctfully sutznltted,

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c BenJsnin H. Vogie Senior SupeNirory Trial Attorney Deted at Rockville, Maryland this 4th day of May, 1988

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XKEir; t; >h" C UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSIW !%Y 18 P5 $2 BEFORE THE ADMINISTRATIVE JUQDE , , . n , , ,

IO'C2i1InG'5*lbVICI BRAliCH in the Matter of )

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ALFRED J. MORABITO ) Docket No. 55-60755 i )

(Senior Operator License for )

Beaver Valley Nuclear Power )

Station, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of "MOTION OF THE NRC STAFF FOR CLARl-FICATION OF THE ADMINISTRATIVE JUDCE'S DECISION OF APRIL 20 1988" In the above-captioned proceeding have been served on the following by deposit in the United States mall, first class, or as indicated by an as-terisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 4th day of May,1988:

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

Atomic Safety and Licensing Board Jay Gutierrez U.S. Nuclear Regulatory Commission Regional Counsel Washington, D.C. 20555* USNRC, Region 1 475 Allendale Road Atomic Safety and Licensing Appeal King of Prussia. PA 19406*

Board Panel U.S. Nuclear Regulatory Commission Docketing and Service Section Washington, D.C. 20555* Office of the Secretary U.S. Nuclear Regulatory Commission Dr. David L. Hetrick, Professor Washington, D.C. 20555*

Department of Nuclear and Energy Engineering Adjudicatory File University of Arizona Atomic Safety and Licensing Board Tucson, Arizona 85721 Panel Docket U.S. Nuclear Regulatory Commission Washington, D.C. 20555*

Arm /4L P.e'nJamin H. Vogler' Counsel for NRC Staff-4

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