ML20154M947

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Memorandum & Order (Establishing Schedule for Case).* Grants Request for Hearing Filed on 980922 by Ohern & Orders Ohern to Specify Exam Questions to Be Discussed at Hearing by 981103.With Certificate of Svc.Served on 981019
ML20154M947
Person / Time
Site: Fermi, 05532442  DTE Energy icon.png
Issue date: 10/19/1998
From: Bloch P
Atomic Safety and Licensing Board Panel
To:
AFFILIATION NOT ASSIGNED
References
CON-#498-19650 99-753-01-SP, 99-753-1-SP, SP, NUDOCS 9810210089
Download: ML20154M947 (4)


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h DOCKETED USNRC October 19, 1998

'98 OCT 19 P3 :15

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UNITED STATES OF AMERICA OFF0c U T NUCLEAR REGULATORY COMMISSION RULU.6 Io 1

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u 9.FF ATOMIC SAFETY AND LICENSING BOARD PANEL Before Administrative Judges:

SERVED OCT 191998 Peter B. Bloch, Presiding Officer Dr. Richard F. Cole, Special Assistant In the matter of Docket No. 55-32442-SP SHAUN P. O'HERN Appeal of Denial (Denial of Reactor Operator's License) of Operator's License ASLBP No. 99-753-01-SP l,

MEMORANDUM AND ORDER (Establishing Schedule for the Case)

Shaun P. O'Hern filed a letter of September 22, 1998 in which he requested a hearing (Request).

The Staff of the Nuclear Regulatory Commission (Staff) filed a

" Response to Request for Hearing Filed by Applicant Shaun P. O'Hern" on October 14, 1998. The Staff concludes that the filing is timely, under the regulations, and has no

' objection to the hearing request filed by Mr. O'Hern. I agree with the Staff. Accordingly, the request for a hearing is granted.10 C.F.R. f 2.1201(a)(2), (b); 10 C.F.R. I 2.1205(b);

10 C.F.R. f 2.103(b)(1). The parties to this proceeding are Mr. O'Hern and the Staff.

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Staff requests that I establish a date by which Mr. O'Hern shall specify his claims.

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l In his Rc'luest, Mr. O'Hern stated that he v' anted a hearing "because I feel that not all of the questions reviewed under the informal NRC Staff review of my exam have been 9810210089 981019 PDR ADOCK 05000341 0

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adequately addressed. He also stated that, due to a refueling outage he had not been able to perform a complete review.

In fulfillment of my obligation to manage this proceeding, I have decided to grant i

the Staff's request without waiting for a response from Mr. O'Hern. I shall set a date of l

no later than November 3,1998 by which Mr. O'Hern will specify the examination l

l questions that he wishes to make a subject of this hearing. Because I am authorizing this additional step, in which issues will be specified, Staff may have 21 days from the date of J

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Mr. O'Hern's filing within which to prepare and serve a Hearing File, pursuant to 10 C.F.R. f 2.1231.

Within 30 days of the service of the Hearing File on him, Mr. O'Hern will file the Written Presentation described in detail in 10 C.F.R. s 2.1233.

Staff may then respond within 20 days.

l Parties may promptly request extensions of time for good cause shown. Requests i

for an extension of time should not be made within five days of the time a filing is due unless there is an emergency.

l ORDER For all the foregoing reasons and upon consideration of the entire record in this matter, it is this 19th day of October,1998, ORDERED, that:

1. The Hearing requested by Mr. Shaun P. O'Hern is granted under 10 C.F.R. Part 2, Subpart L.

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By no later than November 3,1998. Mr.Shaun P. O'Hern will specify the examination questions that he wishes to make a subject of this hearing.

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3. The Staff of tne Nuclear Regulatory Commission (Staff) may have 21 days from the date of Mr. O'Hern's filing within which to prepare and serve a Hearing File.

' 4. Within 30 days of the service of the Hearing File on him, Mr. O'Hern will file the Written Presentation described in detail in 10 C.F.R. D 2.1233.

5. Within 20 days of receiving Mr. O'Hern's Written Presentation, the Staff will file l

its Written Presentation ~.

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6. Requests for extensions of time may be filed promptly. Requests must be filed

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more than five days before a filing is due except in cases of emergency.

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Peter B. Iiloch, AdministridiWhdge Presiding Officer I:

Rockville, Maryland

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l

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In the Matter of SHAUN P. O'HERN DocketNo.(s) 55-32442-SP (Denial of Reactor ~0perator's License Application) l CERTIFICATE OF SERVICE i

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I hereby certify that copies of the foregoing LB M&O (ESTABL'G SCHEDULE...)

have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.

l Administrative Judge Office of Commission Appellate Peter B. Bloch Adjudication Presiding Officer U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel r

Washington, DC 20555 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Richard F. Cole Susan L. Uttal, Esq.

Special Assistant Office of the General Counsel Atomic Safety and Licensing Board Panel Mail Stop 15 B18

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Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Shaun P. O'Hern 3504 Iroquois Monroe, MI 48162 l

l Dated at Rockville, Me', this 19 day of October 19,4 Office of the Secretafy of the p ission

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