ML20196B038

NRC Response in Opposition to Motion Re Hearing File.* Aj Morabito Motion Requesting Placement of Proceeding Hearing File,Checkoff Sheet for Morabito Exam & Examiner Qualification Notebook Deemed Baseless.W/Certificate of Svc

ML20196B038
Person / Time
Site:	05560755
Issue date:	02/03/1988
From:	Woodhead C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#188-5525 SP, NUDOCS 8802080011
Download: ML20196B038 (4)

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Februar 1988

, % ~4 P3 33 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION -

9FFICE Okd,i'Nv#"

uCCME1I f BEFORE THE ADMINISTRATIVE JUDGE &RMCh IC1' in the Matter of )

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

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(Senior Operator License for, },' a Beaver Val -y Nuclear Power ) >

Station, Unit 1) )

NRC STAFF RESPONSE IN OPPOSITION TO MOTION REGARDING THE HEARING FILE I. INTRODUCTION By motion dated January 20, 1988, Mr. Morabito requested the Ad-ministrative Judge to direct the NRC staff (Staff) to place in the local public document room (LPDR) for the Beaver Valley Nuclear Station (1) the hearing file for this proceeding (2) a checkoff sheet for Mr. Morabito's examination, and (3) the qualification notebook for Mr. Morabito's examiners. The Staff opposes the motion and requests that it be rejected, ll. DISCUSSION Mr. Morabito states that the media and the public may be Interested in the oral presentation to be held February 22, 1988, concerning the denial of a Senior Reactor Operator (SRO) license to Mr. Morabito, and for this reason, the Staff should be directed to place the hearing file (Mr. Morabito's examination results and informal Staff regrades of the 880200001180%50 SECy LIC55

' PDR b507

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1 1 examination) In the LPDR for the Beaver Valley plant. Motion at 2.

Mr. Morabito also states that he wishes to discuss the Staff's examination process and the examiners' qualificatiot.s at the oral presentation and for this reason, the checkoff sheet for his examination and the examiners' qualifications should be part of the record. Motion at 4.

There is no basis for Mr. Morabito's request. All documents filed in this proceeding have been placed in .the Commission's Public Document Room (PDR) In Washington, D.C. However, contrary to Mr. Morabito's belief, placement of documents in the PDR or LPDR does not make them part of the record of the proceeding.. The record consists of those documents filed with the Administrative Judge and served on the other party along with the transcript of any oral proceedings. The A d-ministrative .ludge was provided the hearing file in July 1987, and both parties possess the file. If Mr. Morabito believes the checkoff sheet and the examiners' qualification notebook have relevance to his examination results he may proffer these documents as evidence. However, the exam-Iners' professional quallfications are already on the record, having been ,

filed with the Staff's response to Mr. Morabito's Specification of Claims In October 1987. Moreover, although Mr. Morabito states that he wishes to discuss certain subjects related to operator licensing procedures at the oral presentation, as determined by the Administrative Judge, this pro-ceeding was not instituted to examine the operator licensing process but rather, to decide whether or not Mr. Morabito's examination results entitle him to an SRO license. Memorandum and Order dated August 25, 1987.

This fact is also reflected l'a the Memorandum and Order dated November 24, 1987, wherein the Administrative Judge stated that he scheduled an

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oral presentation because of his need for further information, not because of Mr. Morabito's request for an oral presentation "as a platform for initi-ating national debate" on the operator license examination process. Memo-randum and Order, supra at 2. In short, Mr. Morabito's niotion for placement of documents in the Beaver Valley 1.PDR is baseless and should be denied.

I'l l . CONCLUSION For the reasons stated, the motion should be denied.

Respectfully sutmltted, CoiIeen P. Woodhead Comsel for WC Staf f Dated at Pockville, Maryland this 3rd day of February,1988 i

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I D0LKETED UWC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'm FEB -4 P3 53 BEFORE THE ADMINISTRATIVE JUDGE f0CkiBRANCH G [ [ lI in tbc Matter of )

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ALFRED J. MORABITO ) Docket No. 55-60755

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(Senior Operator License for i Beaver Valley Nuclear Power ).

Station, Unit 1) )'

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE IN OPPOSITION TO MOTION REGARDING THE HEARING FILE" 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 asterisk through deposit in the Nuclear Regulatory Commission's internal mall sy,s tem , this 3rd day of February, 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 Commission Washington, D.C. 20555*

Atomic Safety and Licensing Board Jay Cutlerrez U.S. Nuclear Regulatory Commission Regional Counsel Washington, D.C. 20555* USNRC, Region i 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 University of Arizona Tucson, Arizona 85721 H

Colleen P. Woodhead Counsel for NRC Staff

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