ML20238D214

NRC Staff Motion for Reconsideration of Order Inquiring Into Commission Operator Licensing Procedures.* Requests That Administrative Judge Reconsider Order Requiring Parties to Answer Questions at Pages 4-7 to Order.W/Certificate of Svc

ML20238D214
Person / Time
Site:	05560755
Issue date:	12/11/1987
From:	Woodhead C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#188-5142 SP, NUDOCS 8801040154
Download: ML20238D214 (5)

Text

GH3 s DOCKET 0 USNR December LL 1987 W EC 16 P4 :08 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION pyr,cg 00CKEimG ggA Sggy 37c; %,cp' BEFORE THE ADMINISTRATIVE JUDGE BRANcq In the Matter of - )

)

ALFRED J. MORABITO ) Docket No. 55-60755

)

(Senior Operator License for )

Beaver Valley Nuclear Power )

Station, Unit 1) )

NRC STAFF MOTION FOR RECONSIDERATION OF ORDER INQUIRING INTO THE COMMISSION'S OPERATOR LICENSING PROCEDURES

1. THE MOTION The NRC staff (Staff) respectfully requests reconsideration of cer-tain parts of the November 24, 1987 Order by the Administrative Judge requiring the parties to submit written answers to certain questions. The questions which the Staff. requests the Administrative Judge to reconsider deal with the Staff's procedures for administering examinations to candi-dates for reactor operator licenses. These questions appear to be incon-sistent with the Administrative Judge's prior ruling that examination procedures are beyond the jurisdiction granted by the Commission for this proceeding.

II. DISCUSSION The November 24 Order directs the Staff and Mr. Morabito to answer approximately sixty-three questions. The Order indicates that the 8801040154Bhh55 SECY LIC55 O PDR d

I

. I written answers to these questions, in addition to previously flied plead-ings, will form the direct testimony" for an oral presentation to be held in this proceeding. However, upon review of the questions, the Staff ,

believes that a majority of the questions posed inquire into the Staff's reactor operator licensing procedures, rather than Mr. Morabito's exami-nation answers and grades. Mr. Morabito attempted to raise this issue in his Specification of Claims and a subsequent motion, but by Memorandum and Order dated August 25, 1987, the Administrative Judge ruled that the Staff's licensing procedures were beyond the scope of his jurisdiction.

Memorandum and Order, p. 5. Specifically, the Memorandum and Order stated:

My jurisdiction is -limited by the Commission's July 1, 1987 Order granting Mr. Morabito a hearing, as well as by 10 C.F.R. 5 2.103(b), to determining whether Mr. Morabito should have been granted the license for which he applied.

As the Staff points out, if Mr. Morabito wishes to change the methods and procedures for examining and licensing nuclear power plant operators, or senior operators, he can petition for such a change under the procedures of 10 C.F.R. 9 2.800 et seq.

Id. For this reason, the Staff requests that the Administrative Judge reconsider his Order which directs the parties to present testimony on a subject ruled to be outside the scope of this proceeding. The specific questions referenced are discussed below.

Questions Related to the Operator Licensing Process The Staff believes the following questions concern the operator li-censing process rather than Mr. Morabito's examination, or are not relat-ed to Mr. Morabito's examination.

i 1

. The Simulator Examination

1. Eeneral ( Attachment, 4-6)

a. (l) and (ii), b, c, d, and f. These questions inquire into the examination and grading procedures in NUREG-1021 and are not related to Mr. Morabito's examination.1I

2. Compilance/Use of Procedures ( Attachment, pp. 6-7)

c. (iv) This questions asks about four " rhetorical questions" posed by Mr. Morabito and asks that answers should be provided for all simula-tor examinations for Beaver Valley, Unit 1. The " rhetorical questions" concern examination results of other candidates and question 2.c(iv) is concerned with aJ examination results. This is not ilmited to Mr. Morabito's examination, but a comparative evaluation of all examination candidates for Beaver Valley, Unit 1.

In summary, for the reasons explained, the Staff requests the Ad-ministrative Judge to delete Questions 1.a(i) and a(li),b,c,d, and f, and 2.c(iv) concerning the simulator examination since they address matters which are not within the scope of this proceeding and thus, would not be proper subjects for testimony of the parties at the oral presentation.

1/ ouestion 1.e. ( Attachment, p. 5) inquires as to why the Staff did not respond to pp. 13-17 of Mr. Morabito's Specification of Claims.

This was explained in the October 9, 1987 "NRC Staff Response to Specification of Claims". There the Staff stated: "Mr. Morabito challenges the grading in the sections of the written examination 1 which he passed, as well as the oral examination which he also i passed. Specification at 3-5:10-17." Response at 3. "The Staff has not addressed the claims submitted for those parts of the exami-nation which Mr. Morabito passed." Response at 4. Pages 13-17 of the Specification concern Mr. Morabito's oral examination which he i passed. ,

l l

. .. lli. CONCLUSION For the reasons explained, the Staff requests that the Administrative Judge reconsider his order requiring the parties to answer questions

1. a (l)-(li) , b ,c , d , f, and 2.c(iv) at pp. 4-7 of the Attachment to the Order.

Respectfut ly sutrnitted, ColIeen P. Woodhead Counsel for tRC Staff Dated at Bethesda, Maryland this 11th day of Decmber,1987 )

l l

)

-n. _ _ . . _ _ _ _ _ _ _ . _ _ _ . _ _ _ _ _ - _ _ _ _ _

, DDLKETED l

U5NHC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION '87 EC jf p4,.08 BEFORE THE ADMINISTRATIVE JUDGE I v OFF.CLGFSECMige,jg 00cMElinc a st;;y,c BRANCH In the Matter of )

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

)

(Senior Operator License for. )

Beaver Valley Nuclear Power )

Station, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF MOTION FOR RECONSIDERATION OF ORDER INQUIRING INTO THE COMMISS IO N'S -

OPERATOR LICENSING PROCEDURES" 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 11th day of December, 1987:

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 Gutierrez U.S. Nuclear Regulatory Commission Regional Counsel Washington, D.C. 20555* USNRC, Region I 631 Park Avenue 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 l

Colleen P. Woodhead Counsel for NRC Staff

_ _ _ -