ML20238D173

NRC Staff Motion to Establish Schedule for Oral Presentation.* Presentation Should Be Scheduled on or About 870223,per Administrative Judge 871212 & 15 Telcon Requests. Certificate of Svc Encl

ML20238D173
Person / Time
Site:	05560402
Issue date:	12/15/1987
From:	Woodhead C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#188-5157 SP, NUDOCS 8801040135
Download: ML20238D173 (3)

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December 15, l'987

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DOCKETED U5NPC UNITED STATED OF AMERICA NUCLEAR REGULATORY COMMISSION W E 18 P2 58 BEFORE THE ADMINISTRATIVE JUDGE y Orric DOC ofeg g 7 ,i g Eeym ,

In the Matter of )

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DAVID W. HELD Docket No.- 55-60402 (Senior Operator License for Beaver Valley Nuclear Power Station, Unit 1)

NRC STAFF MOTION TO ESTABLISH SCHEDULE FOR ORAL PRESENTATION I. THE MOTION By telephone, on December 12 and 15, 1987, the Administrative Judge indicated his desire to set a date in the near future for oral presentation in this proceeding. For the reasons set out below, the NRC staff (Staff) moves that the oral presentation be scheduled for February 23, 1988, or as soon as possible, thereafter.

II. DISCUSSION On December 14, 1987, the Administrative Judge and the two parties held a brief conference call to discuss a possible date for oral pre-sentation before January 12, 1988. Staff counsel was instructed to l confer with the Staff and to notify the Administrative Judge of a date l

l for the oral presentation sometime between late December 1987 and l January 12, 1988. Because of the unavailability of the Staff's primary witness during the month of January and most of February, 1988, as set forth below, the Staff proposes that the oral presentation take place 8801040135 071215' SECY LIC55 055604 2 3

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2 February 23, 1988 or the next most convenient date after February 23, 1988, for the Administrative Judge and the parties.

As explained by telephone, the Staff witness, Mr. Barry Norris, is .

not available until after February 22, 1988, when he is scheduled to appear in another operator licensing proceeding. Mr. Norris is sched-uled to administer operator examinations at several facilities between now and February 22, 1988. Since Mr. Norris was Mr. Held's examiner, and since he prepared the affidavit filed December 11, 1987, in re-sponse to Mr. Held's specification of claims, there is no other Staff witness who could testify from direct experience concerning Mr. Held's examination or Mr. Norris' affidavit. Consequently, Mr. Norris is the most appropriate witness for the oral presentation. Accordingly, since Mr. Norris is not available until February 23, 1988, the Staff recom-mends scheduling the oral presentation on or after February 23, 1988.

Such presentation ought to be scheduled based on Mr. Held's availability.

III. CONCLUSION For the reason stated, the Staff moves that the oral presentation in this proceeding be scheduled for February 23, 1988, or thereafter.

Respectfully submitted,

! Colleen P. Woodhead j Counsel for NRC Staff

, Dated at Bethesda, Maryland this 15th day of December,1987 if i

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00CKriET.

UNITED STATES OF AMERICA USNRC NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE JUDGE 87 EC 18 P2 58.

OFFICE uf hh w,y 00CKETING & SpVQ' in the Matter of ) BRANCH

)

DAVID W. HELD )

) Docket No. 55-60402 (Senior Operator License for )

Beaver Valley Nuclear Power )

Station, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION TO ESTABLISH SCHEDULE FOR ORAL PRESENTATION" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 15th day of December,1987.

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

Atomic Safety and Licensing Board Jay Cutierrez U.S. Nuclear Regulatory Commission Regional Counsel (

Washington, D.C. 20555* USNRC, Region l G31 Park Avenue

. Atomic Safety and Licensing Appeal King of Prussia, PA 19406*

Board Panel U.S. Nuclear Regulatory Commission Docketing and Service Section ]

J Washington, D.C. 20555* Office of the Secretary U.S. Nuclear Regulatory Commission  !

Washington, D.C. 20555*

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Colleen P. Woodhead Counsel for NRC Staff

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