ML20155C668

Discusses Issues Re Decision in Proceeding to Issue Morabito Senior Reactor Operator License Subj to Satisfaction of 10CFR55.11(a) & (C) Requirements.No Action Should Be Taken Since Decision Pending Before Commission Review

ML20155C668
Person / Time
Site:	05560755
Issue date:	06/03/1988
From:	Rutberg J NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Hannon J Office of Nuclear Reactor Regulation
References
CON-#288-6506 SP, NUDOCS 8806140284
Download: ML20155C668 (2)

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June 3, 1988  !

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MEh0RANDUM FOR: John Hannon, Chief Operator Licensing Branch, NRR D'ih '

FROM: Joseph Rutberg, Deputy Assistant General Counsel Hearing Division

SUBJECT:

IMPACT OF THE MORABITO DECISION ON THE DETERMINATION TO ISSUE A SENIOR REACTOR OPERATORS LICENSE TO MR. MORABITO In view of the fact that consideration must soon be given as to how to deal with Mr. Morabito's pending request for an SRO license, in view of the Admin-istrative Judge's recent decisien, I thought that this would be a good time to bring some ideas to your attention. It should be noted that no action should be taken at this time since the decision is now pending before the Commission for review. While the Commission has set a deadline of June 17, 1988, for it

< to complete its review it may extend the deadline, if it wishes.

, The decisfor. by the Adninistrative Law Judge in the Morabito proceeding authorized the appropriate official to issue a Senior Reactor License to Mr.

forthMorabito "subject in 10 C.F.R. to the satisfaction 9 55.11(a) and (c) (1987 by)Mr. Morabito

." While of requirements the determination has set been made by the Administrative Judge that Mr. Morabito has a passing grade on the 1986 examination that must be taken by SRO applicants, it is still incum-bent upon the Staff to determine that all of the other requirements of the Atomic Energy Act and the Commission's Regulations have been met. Thus, the determination that now has to te n.ade is whether the Staff should issue an SR0 license to Mr. Morabito since Mr. Morabito is no longer employed at the Bei.ver Valley nuclear facili ty. It is clear that the Commission's regulations conten. plate that an SRO license will be issued only where there is a need for the operator et a particular nuclear facility. Except for the fact that Mr. Morabito will not be utilized at the Beaver Valley nuclear facility, it would be apprcpriate to issue him an SR0 license, since he has otherwise met the Commission's requirements set forth in 10 C.F.R. 6 55.33 f.e. health requirements ard the necessary examination. However, in light of the changed circumstances in this case, you have indicated that you wished to withhold an SRO on the grcurds that we have been notified by Duquesne Light Con.pany that it no lenger intends to use Mr. Morebito at the Beaver Valley nuclear facili-ty. In view of the fact that an applicant for an SR0's license must provide evidence, with the application, that there is a need for the operator to perform assigned duties and, since in this case that need no longer exists it would be inappropriate to issue a license that we know is not needed. More- 1 over, since Mr. Morabito is not employed in the nuclear group at Beaver l Valley, it would be inappropriate to issue a license kncwing that the license must designate a particular facility where the SRO is authorized to operate.

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It is suggested that the language set forth below be included in a letter to Mr. Morabito indicating that a license will not be issued. If you have any questions, Colleen Woodhead will be pleased to work with ycu.

This letter is in res for a Senior Reactor Operator (SRO)ponse licensetofor your useapplication at the Beaver Valley nuclear facility. We have corr.pleted a review of your qualifica-tions, including the determination of the Administrative Judge that you passed the simulator part of the NRC. Besed upon all of this information, we have determined not to issue an SR0 license to you for use at the Beaver Valley nuclear facility. The deci-sion not to issue the license is based on the fact that there is no longer a need for your services as an SRO at Beavor Valley Unit

1. Since you are no longer employed at that facility, a license will not be issued.

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