ML20236F539
| ML20236F539 | |
| Person / Time | |
|---|---|
| Site: | Catawba, 05522234  |
| Issue date: | 06/30/1998 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | AFFILIATION NOT ASSIGNED, NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#398-19264 98-745-01-SP, 98-745-1-SP, SP, NUDOCS 9807020201 | |
| Download: ML20236F539 (4) | |
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/92foY 00CKETED UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL
% JUN 30 A10:48 Before Administrative Judges:
OFFE. ; ~
Charles Bechhoefer, Presiding Officer f']'
< hp Dr. Richard F.
Cole, Special Assistant S E R V E D M r 3 o 1993 In the matter of:
Docket No. 55-22234-SP RANDALL L.
HERRING ASLBP No. 98-745-01-SP Operator License for Catawba Nuclear Station June 30, 1998 MEMORANDUM AND ORDER (Hearino File and Specification of Claims)
On June 7, 1998, Mr. Randall L.
Herring filed a request for a hearing pursuant to 10 C.F.R.
S 2.103 (b) (2),
concerning the denial of his operator-license application at the Catawba Nuclear Station.
On June 17, 1998, the undersigned was designated Presiding Officer to consider this claim and, if necessary, to conduct an informal hearing governed by 10 C.F.R. Part 2, Subpart L.
I appointed Administrative Judge Richard F.
Cole to serve as my Special Assistant in developing a suitable record.
By response dated June 24, 1998, the NRC Staff indicated that Mr.
Herring's hearing request was timely filed and offered no objection to the request for a hearing.
A proceeding for the grant of an operator license is explicitely subject to the procedures spelled out in 10 C.F.R. Part 2, Subpart L.
10 C.F.R. S 2.1201 (a) (2).
9807020201 900630 i
M PDR ADOCK 05000413 5
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. Pursuant to 10 C.F.R.
S 2.12 05 (b), a person (such as Mr.
Herring) who files a timely request for hearing has a right l
to a hearing.
Accordingly, Mr. Herring's request for a hearing is hereby aranted.
Under 10 C.F.R. SS 2.1205 (1) and 2.1213, the parties shall be Mr. Herring (Applicant) and the NRC Staff (Staff).
In his request for a hearing, Mr. Herring indicates that he disagrees with the Staff's grading of " Contentions 3 and 4" of his operator-license examination.
The request attaches a copy of a letter dated May 18, 1998 from the Staff to Mr. Herring stating that the Staff declined to reconsider its grading of the operator examination, without any further explanation.
An explanation apparently was set forth in an attachment to that letter, but that attachment has not been included in the documents thus far furnished me.
By Friday, July 24, 1998 (the same date that the Staff is to furnish a hearing file, as spelled out below), Mr.
Herring should file a brief specification of his claims, giving reasons why he believes the Staff erred in grading his examination.
Under 10 C.F.R. Part 2, Subpart L, there is no discovery.
But the Staff must furnish a hearing file that includes all documents relevant to its position--including but not limited, in this case, to the attachment to the May 18, 1998 letter.
See 10 C.F.R.
S 2.12 31 (b).
The hearing file should be provided to me and my special assistant, as
4 y -well as to Mr.. Herring (for those documents he h'as not yet received) by Friday,. July.24, 1998.
By Friday, August'14, 1998, Mr. Herring should file, under oath or affirmation,ca' written presentation of his.
arguments,fand documentary data, informational material and-other= supporting written evidence.
This presentation must-describe, in detall, any deficiency _or omission in the-Staff's denialfof Mr. Herring's application and what relief is' sought with respect.to each deficiency or omission.
See 10 C.F.R. ' S 2.1233 (a) and (b).
By Friday, August 28, 1998, the Staff may submit a' response, under oath or affirmation, to Mr. Herring's presentation.
(For good cause, on request, I'may modify the foregoing schedule.
See 10 C.F.R.
SS 2.1203 (d)~, 2.710 and 2.711.)
To the extent necessary, I will determine whether I.may.-
have particular questions to pose to the parties (see 10 JC. F.R;. S 2,1233 (a) ).
.I also will-determine whether oral J
questions or. oral argument, pursuant.to 10 C'.F.R.
S 2.1235, would:be necessary or-useful in creating an adequate record for decision.
In submitting their written presentations, Lparties are. invited to-suggest whether an oral presentation would'be useful.
2 y
a w
J Charles Bechhoefer
/
i Presiding Officer ADMINISTRATIVE JUDGE 1Rockville, Maryland June 30. 1998-L_
o
.o i
UNITED STATES OF AMERICA NUCLEAR DEGULATORY COMMISSION In'the Matter of l
RANDALL L. HERRING Docket No.(s) 55-22234-SP (Denial of Reactor Operator's License Application)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB M&O (HEARING FILE &...)
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 i
Office of Commission Appellate Charles Bechhoefer Adjudication Presiding Officer U.S. Nuclear Regulatory Comission Atomic Safety and Licensing Board Panel Washington, DC 20555 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Comission Washington, DC 20555 Administrative Judge Richard F. Cole Susan L. Uttal, Esq.
l Special Assistant Office of the General Counsel Atomic Safety and Licensing Board Panel Mail Stop 15 B18 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Comission Washington, DC 20555 Washington, DC 20555 I
Randall L. Herring 2148 Raven Drive Rock Hill, SC 29732 Dated at Rockville, Md. this 30 day of June 1998
//
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