ML20238D060

NRC Staff Motion for Reconsideration of Order Establishing Date for Oral Presentation.* License Cannot Be Issued Since Util Withdrew Certification of Need for DW Held Senior Reactor Operator License.Certificate of Svc Encl

ML20238D060
Person / Time
Site:	05560402
Issue date:	12/21/1987
From:	Woodhead C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#188-5252 SP, NUDOCS 8801040079
Download: ML20238D060 (5)

Text

_ _ __-_ _____ - - - _ .

h

'l' f $ $$ ,

DOCKETED USHRC Decem her

, p?j() P8 $7 UNITED ST ATES OF AMERIC A NUCLE AR REGUL ATORY COMMISSION OFFICE Of 5EUilW 00CKEilNG & SERVICI-REFO RE T HE A DMINIST P. A TIVE L A W JU D GE O "

In the Matter of D A VID W. HELD ) Docket No. 55-60402

)

(Senior Operator License for )

Beaver Valley Nuclear Power )

Station, U nit 1) )

NRC ST AFF MOTION FOR RECONSIDER ATION OF ORDER EST ABLISHING D ATE FOR OR AL PRESENT ATION I. THE MOTION The N R C staff (Staff) requests reconsideration of the date for oral presentation in this proceedin g established by the . Administrative Law Judge's Order dated December 16, 1987, for the reasons exnlained below.

II. DIS C U S SIO N T his proceeding concerns the failin g grade received by David W.

Held in July 1986, on a simulator examination for the Beaver Valley Nu-clear Station, U nit 1. Mr. Held later passed an examination for Beaver Valley, Unit 2 and in June 1987, received a Senior Reactor O perator

-(SRO) license for Unit 2 where he is presently employed.

Mr. Held filed a " Specification of Claims" regarding the failing grade on the simulator examination for Unit 1 in October 1987, and the Staff i

filed its response to the specification on December 11, 1987. B y tele-

]

phone on December 12-15, 1987, the A administrative Judge in this 8802040079 s72222 SECY LIC55 05560402 PDR

proceeding indicated a desire to establish a date for oral presentation in late December, 1987, or early January 1988. The Staff filed a motion L dated December 15,.1987 requesting a date in late February 1988 for the oral presentation because the Staff examiner for Mr. Held could not ap-pear until that date because of prior assignments. By Order dated December 16, 1987, the Administrative Judge established January 5,1988 as the date for oral presentation over the objections of the ' Staff. The  !

Staff requests reconsideration of this Order for the reasons set forth belo w .

By motion dated December 18, 1987, the Staff requested the Admin-istrative Judge to issue an Order to Mr. Held to show cause why this proceeding should not be terminated. That motion explains that Duquesne Lig ht Company has recently withdrawn its certification of need for Mr. Held's S R 0 license for Reaver Valley, tinit 1, and because 10 C.F.R.

E 55.11(c) 1/ requires a certification of need for issuance of operator licenses, the linit 1, SR0 license for Mr. Held could not be issued even if he were to prove that he should have received a passing grade on the simulator examination. In addition, the motion points out that ID C.F.R.

s 55.31(e) provides that operator licenses which are not used become in-active after four months and may no longer be used, absent certification of competency by the utility licensee. Moreover, the motion points out that pursuant to s 55.55(a) of the new Part 55, operator licenses will expire upon determination by the utility that the individual no longer

-1/ The Staff motion explains the essential similarity between the previ-ous and present provisions of 10 C.F.R. Part 55 as relevant here.

___ __-__-_ _ _ _ m

4 -

needs to n.aintain a license. Consequently, the Staff asked.in its motion of December 18, 1987, that the Administrative Judge consider whether this proceedino should continue in light of the fact that it did not appear that Mr. Held could be issued a license even if he showed a passing grade on the examination, and, in addition, if issued a license, it would become inactive in four months or expire without the necessary certifica-tion of need by M r. Held's em ployer. Therefore, there does not appear to be a chance for Mr. Held tn obtain an SRO for license Unit 1, even if the Administrative Judge determines that a passina grade was erroneously denied to Mr. Held. In Staff's view, absent the likelihood that Mr. Held will receive an SRO license for Unit 2 pursuant to the Atomic Energy Act and the Commission's regulations, the proceedina should be terminated.

This motion has not yet been decided by the Administrative Judae, and because it determines whether a legal basis exists for this proceeding, the Staff believes this decision should be made prior to scheduling the oral presentation.

In addition, since Mr. Held is presently employed as an SR0 nn Bea-ver V alley , Unit 2, there is no pressing need for an SRO license for Unit 1 for Mr. Held. Thus, any oelay in scheduling an oral presentation does not harm Mr. Held, and there is no apparent reason for oral presen-tation in the near future. Consequently, there is also no harm which would result from a later oral presentation. These facts, together with the fact that the Staff's witness is definitely not available until late Feb-ruary 1988 establish a sound basis for reconsideration of the January 4, l 1988 date for oral presentation.

III. C O N C L USIO N In view of the forecoina, Staff moves the Administrative Judge to reconsider the January 5,1988 date established for the oral presentation.

Respectfully submitted, Colleen P. Woodhead Counsel for N R C Staff Dated at Rockville, Maryland this 21st day of December,1987

=_______

-I DXME TED inNFC UNITED ST ATES OF AMERIC A NUCLE AR REGULATORY COMMISSION '87 EC 30 P8 57 BEFORE THE ADMINISTR ATIVE LAW JUDGE OFFICE 0F btiAH DOCKETING A SERVICI.

BRANCH In the Matter of )

D AVID W. HELD Docket No. 55-60402 (Senior Operator License for I Beaver Valley Nuclear Power )

Station, U nit 1) )

CERTIFIC ATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION FOR REC O NSIDE R ATIO N OF ORDER EST A BLISHIN G DATE FOR ORAL PR ESE N T ATIO N" in the above-cantioned proceeding have been served on the following by deposit in the U nited States mail, first class, or as indicated by an asteris k through deposit in the N uclear Reg ulatory Commission's internal mafi system, this 21st day of December,1987:

Peter B . Bloch, Esq. David W. Held A administrative Judge RD 1 Box 353 Atomic Safety and Licensing Board Hookstown, P A 15050 U.S. Nuclear Regulatory Commission Washington, D.C. 20555*

Atomic Safety and Licensing Board Jay Gutierrez U.S. Nuclear Regulatory Commission Regional Counsel Washington, D.C. 20555* US N R C , Re91on I 631 ' Park Avenue Atomic Safety and Licensing A ppeal Kin g of Prussia, P A 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 Wa s hin gton , D.C. 20555*

Colleen P. Woodhead Counsel for N R C Staff

-- _ _ -