ML20195C255
| ML20195C255 | |
| Person / Time | |
|---|---|
| Site: | 05532443 |
| Issue date: | 11/16/1998 |
| From: | Moore T Atomic Safety and Licensing Board Panel |
| To: | |
| References | |
| CON-#498-19718 99-755-01-SP, 99-755-1-SP, SP, NUDOCS 9811170060 | |
| Download: ML20195C255 (5) | |
Text
.. lf lf DOCKETED USNP.C UNITED STATES OF AMERICA
% NOV 16 P12:49 NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
J.-
TF Thomas S. Moore, Presiding Officer Dr. Charles N. Kelber, Special Assistant
@El8 E Docket No. 55-32443-SP In the Matter of ASLBP No. 99-755-01-SP MICHEL A.
PHILIPPON (Denial of Senior Operator November 16, 1998 License Application)
NOTICE OF HEARING AND OF OPPORTUNITY TO PETITION FOR LEAVE TO INTERVENE OR TO PARTICT.PATE AS AN INTERESTED GOVERNMENTAL ENTITY On October 4, 1998, the NRC staff issued a notice of denial I
of application for a senior reactor operator's (SRO) license to Michel A. Philippon. In that letter, the staff advised Mr.
Philippon that although he had passed the written portion of the SRO examination administered to him on April 6, 1998, his l
application was being denied because he failed to pass the j
operating test portion of the examination.
On October 16, 1998, Mr. Philippon filed a timely hearing request challenging the staff's denial of his SRO license i
application.
On October 26, 1998, the Commission referred Mr.
j Philippon's hearing request to the Atomic Safety and Licensing 9811170060 981116 m
PDR MISC i
9811170060 pop bb
l
. Board Panel for the appointment of a presiding officer to conduct j
l any necessary proceedings.
On October 28, 1998, the Chief Administrative Judge of the Panel appointed Administrative Judge Thomas S. Moore, to act as the Presiding Officer, and Administrative Judge Charles N. Kelber, to serve as Special Assistant to the Presiding Officer.
i After receiving the staff's November 6, 1998 answer to Mr.
Philippon hearing request, on November 13, 1998, the Presiding Officer issued an order granting Mr. Philippon's hearing request.
Please take notice that a hearing will be conducted in this proceeding.
This hearing will be governed by the informal l
hearing procedures set forth in 10 C.F.R. Part 2, Subpart L (10 C.F.R. SS 2.1201.1263).
Further, in accordance with 10 C.F.R.
S 2.1205(j), please take notice that within thirty (30) days from the date of publication of this notice of hearing in the Federal Register (1) any person whose interest may be affected by this proceeding may file a petition for leave to intervene; and (2) any interested f
governmental entity may file a request to participate in this proceeding in accordance with 10 C.F.R. S 2.1211(b).
Any I
i petition for leave to intervene must set forth the information required by 10 C.F.R. S 2.1205(e), including a detailed description of (1) the interest of the petitioner in the proceeding; (2) how that interest may be affected by the results
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- - of the proceeding, including the reasons why the petitioner should be permitted to intervene with respect to the factors set forth in 10 C.F.R.
S 2.1205(h); (3) the petitioner's areas of concern regarding the staff's October 4, 1998 denial of Mr.
Philippon's SRO license application; and (4) the circumstances establishing that the petition to intervene is timely in accordance with 10 C.F.R. S 2.1205(d).
In accordance with 10 C.F.R.
S 2.1211(b), any request to participate by an interested governmental entity must state with reasonable specificity the requestor's areas of concern regarding the staff's October 4, 1998 denial of Mr. Philippon's SRO license application.
In addition, pursuant to 10 C.F.R.
S 2.1211(a), any person not a party to the proceeding may submit a written limited appearance statement setting forth his or her position on the issues in this proceeding.
These statements do not constitute l
evidence, but may assist the Presiding Officer and/or parties in l
l defining the issues being considered.
Persons wiahing to submit l
a written limited appearance statement should send it to the l
Office of the Secretary, U.S.
Nuclear Regulatory Commission, Washington, DC. 20555, Attention:
Docketing and Service Branch.
A copy of the statement also should be served on the Presiding Officer and the Special Assistant.
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, In the November 13, 1998 order, the Presiding Officer directed that on or before December 14, 1998, the staff shall file the hearing file for this proceeding.
Once the hearing file l
is received, pursuant to 10 C.F.R.
S 2.1233 the Presiding Officer will establish a schedule for the filing of written presentations by Mr. Philippon and the staff, which may be subject to supplementation to accommodate the grant of any intervention petition or request to participate by an interested governmental entity.
After receiving the parties' written presentations, l
pursuant to 10 C.F.R.
SS 2.1233(a) and 2.1235, the Presiding Officer may submit written questions to the parties or any interested governmental entity or provide an opportunity for oral presentations by any party or interested governmental entity, which may include oral questioning of witnesses by the Presiding Officer.
Documents relating to this proceeding are available for public inspection at the Commission's Public Document Room, the Gelman Building, 2120 L Street, NW.,
Washington, DC.
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Thomas S. Moore' ADMINISTRATIVE JUDGE Rockville, Maryland November 16, 1998
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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of MICHEL A. PHILIPP0N Docket No.(s) 55-32443-SP (Denial of Senior Reactor Operator's License)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB NOTICE OF HEARING AND...
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.
Administrative Judge Office of Commission Appellate Thomas S. Moore Adjudication Presiding Officer U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555 l
Administrative Judge Charles N. Kelber Lawrence J. Chandler, Esq.
l Special Assistant Office of the General Counsel Atomic Safety and Licensing Board Panel Mail Stop 15 818 Mail Stop - T-3 F23 U.S.~ Nuclear Regulatory Commission U.S. Nuclear Regulatory Consission Washington, DC 20555 l
Washington, DC 20555 l
Michel A. Philippon 13871 Capernall Rd.
l Carleton, MI 48117 l
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Dated at Rockville, Md. this 16 day of November 1998 j
OfficeoftheSecretaryoffheCommissTon 1
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