ML20236V387
| ML20236V387 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 06/15/1987 |
| From: | Malsch M NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20236V337 | List: |
| References | |
| FOIA-87-718, TASK-AIA, TASK-SE SECY-87-146, NUDOCS 8712040268 | |
| Download: ML20236V387 (8) | |
Text
_
\\
/
l*
1 Y a uc,h u
o 4,,
ADJUDICAfbRY IS$UE SECY-87-146 June 15, 1987 4#kRladOn)
For:
The Commissioners From:
Martin G. Malsch Deputy General Counsel for Licensing and Regulation
Subject:
REQUEST FOR HEARING BY AI.? RED J.
MORABITO ON DENIAL OF SENIOR REACTOR OPERATOR'S LICENSE AT BEAVER-VALLEY, UNIT 1 l
1 Discussion:
On March 23, 1987, the NRC staff referred to us a request for hearing by j
Alfred J. Morabito, an employee at l
Beaver Valley, Unit 1, on the denial of his application for a senior reactor I
operator's license for the Beaver Valley l
Nuclear Power Station, Unit 1.
By i
letter dated August 27, 1966, Mr. Morabito was informed by NRC's Region I office that he had failed the written and simulator examinations i
administered on July 22 and 23, 1986, l
respectively, and that his license application was thus denied.
j In accordance with directions contained in the letter of denial, on September 11, 1986, Mr. Morabito requested a hearing on the denial.
On November 12, 1986, Region I advised Mr. Morabito that it had regraded and reevaluated his examination and had 871?O40268 871201 found no adecuate basis to overturn its PDR original denial.
By letters dated CONNERB7-71a Secember 1 and 16, 1986 to Mr. W.I.
Russell, Director, Division of Human Factors Technology, Mr. Morabito requested further review.
Contact:
C. Kagan, OGC X-41493 L
9
.2 On February 2, 1987, the Operator Licensing Branch, Division-of Human Factors Technology, NRR, reviewed the H
actions taken by Region I along with additional information provided by 1
Mr. Morabito and found that the actions taken by Region I were performed in accordance with Examiner Standard ES-ll2,.as set forth in NUREG-1021 and that Mr. Morabito failed..to provide sufficient documentation to support a i
reversal of Region I's conclusions.
In l
telephone calls and by letters dated March 10.and June 2, 1987,-Mr. Morabito reiterated his request for a hearing.
The Commission's regulations provide an operator license applicant with an opportunity for a hearing wl hen a license-is denied.
10 CFR S 2.103.
I
i i
e I
Ot o-t
[.
t
. 6 e
- 3 i
l
.i artin Malsch Deputy General Counsel for Licensing and Regulation I
Attachments:
1.
Package from NRC Staff 2.
Proposed Order Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Tuesday, June 30, 1987.
This paper is tentatively scheduled for affirmation at an Open Meeting during the Week of June 29, 1987.
Please refer to the appropriate Weekly Commission Schedule, when published, for a i
specific date and time.
DISTRIBUTION:
Commissioners OGC (H Street) l GPA SECY j
l 6
6 4
0 l
l 4
--__.--_---__.n._--_--
1 O
g O G D
t 9
e i
1
~
1 l
l l
1 O
N ATTACHMENT 1 9
e 9
4
4' 2
i g
- M j f r-March lo, 1987 Docket No. 55-60755 i
(,C g /4 (7 Harry B. Kister, Chief l
Projects Branch No. 1 Division of Reactor Projects g
U.S. Nuclear Regulatory Commission 631 Park Avenue King of Prussia, PA 19406
Dear Mr. Kister:
Under the provisions of the Freedcm of Information Act. I request that the originals of the notes and log sheets which I generated during my simulator examination on July 23, 1986 at both the SRO and RO levels be returned to me.
Region I may keep copies of the returned material.
This information is necessary in preparation for and presentation of my appeal at the formal i
hearing.
It is also necessary as prima facie evidence at that hearing.
l This information vas originally requested in my letter of December 9, 19t$e to Mr. W. T. Russell of the Office of Nuclear Reactor Regulation.
In a later l
discussion with Mr. Len Wiens of 'the Operator Licensing Branch and subsequently Mr. Richard Hoefling of the Office of General Counsel, I was informed that I can obtain this information, in part, under the provisions of the Freedom of j
Information Act or through the legal process of discovery.
Since the process of discovery will not commence until authorized at a pre-hearing conference, which is several weeks away, I have decided to request the above information"under the Freedom of Information Act.
i I also request, under the Freedom of Information Act, with the expresssed permissien of Mrs. Susan Neuder, a copy of the final or latest correspondence from the Nuclear Regulatory Commission to her.
In conversation with her, she stated that she could not provide a copy of that correspondence to me because her husband was so upset with the response from the Nuclear Regulatory Commission that he crumpled or otherwise destroyed it.
I remind you that Mrs.
Neuder.was the reactor operator during the scenario in which I was criticized by Mr. Kane's letter of November 12, 1986, page 3 of Attachment 2, for not exercising supervisory control of the operator.
That criticism emanated from an incorrect judgement by the NRC examiner that emergency boration was required due to having reached the low-low rod insertion limit.
I understand that, in response to Mrs. Neuder, the Nuclear Regulatory Commission has acknowledged that the low-low rod insertion limit was not reached and emergency boration was not required.
Sincerely,
,_o ffQ
/
&O Y Alfred J. Morabito AJM/sg cc:
Jack R. Goldberg W. T. Russell
7
- #pn $to UNITED STATES -
-%g n,
NUCLEAR REGULATORY COMMISSION gg J
WASHINGTON, o. C. 20655 February 26, 1987-Docket No. 55-60755 Mr. Alfred J. Morabito 605 Tulip Drive Ne'w Brighton, PA 15066
Dear Mr. Morabito:
On November 12, 1986, Mr. W. F. Kane of NRC Region I informed you that Region I did not find a sufficient basis for overturning the August 27, 1986 denial of your application for a senior reactor operator's license 'for Beaver-Valley Unit 1.
The. denial was based on your failure of the written and simulator examinations administered to you.
As indicated in Mr. Kane's letter, an additional review of your examinations would be undertaken by the Division of Human Factors Technology of the Office of Nuclear Reactor Regulation in hshington, D.C. at your request.
On December 16, 1986, in a letter to Mr. W. T. ilussell, Director, Division of Human Factors Tech nology, you requested. a further review.
On February 2,1987, Mr. Russell informed you that his Division reviewed the grading of the written examination administered to you on July 22, '1986 and the simulator examination administer 6d' to you on July 23, 1986 and your comments but had not found an adequate basis for reversing the denial of your application.
l Your letters to the NRC indicate that you desire a hearing on the denial of your application.
In a telephone conversation, on February 24, 1987 with ' Mr..
Hoefling of this office, you repeated your request for a hearing.
Steps will be taken to initiate a hearing.
A Notice of Hearing will be sent to you as l
coon as it is issued.
You should understand that, as an applicant for a l
license, you would have the burden of proof to demonstrate that you have l
met the requirements of 10 C.F.R. I 55.11(b) and are, therefore, entitled to a Ifeense.
The NRC staff would be a party to the proceeding and would be prepared to introduce evidence in support of its position that your application should be denied.
CERTIFIED MAIL hETURN RECEIPT REQUESTED
9 1
N 2.
l o
- j 2
!l
.l l
You may contact me at the following address and telephone number:
I Jack R. Goldberg, Esq.
Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555 i
(301) 492-7619 i
Sincerely, i
/s/
Jack R. Goldbr,rg, Deputy Assistant General I
Counsel for Enforcement Office of the General Counsel l
1 cc:
V. Russell, NRR bec: B. Beger, NRR W. Kane, RI I
H. Kister, RI J. Gutierrez, RI l
I DISTRIBUTION:
AGCE Rdr j
AGCE Subj.
Lieberman Chron Goldberg Info Iloefling Chron SC/IS/KC/WP/LD Info OGC Rdr NRC Central
.W OFC
- AG i
...........,g.............J........ :.AG C E
- N RR
- AGCE NAME : Ro
/tk : WRussell
- JGoldberg
- JLieberman 2/24/b,.
- K T787
- 1 9887
/87 DATE :
l l
i J.
DOC-SEARCH ASSOCIATES P.O. Box 7 Cabin John, !!D 20818
$O @l f
i gtX)M OF INFORMATION Director M REQU N j
p Division of Rules and Records US Nuclear Regulatory Commission jA,[f"
[9 i
Washington, D.C.
20555 Aa& /7
)
Dear Sirs Pursuant tc the Freedom of Information Act would you please place i
the following document (s) in the Public Document Rooms i
S E cy O - 19 c, 1
Soci g6-IS' Thank you, Sincerely,
. r- &
s Lynn Connor y
,fiehw l
~
he h;;phe n-
[,'
j r
' '#.4, 61pi-Q3'fM E
_ _