ML20238D219

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NRC Staff Motion for Extension of Time.* ASLB 871104 Order Requiring Detailed & Lengthy Response to Held Spec of Claims on 871111 Cannot Be Complied With.Affidavit Encl
ML20238D219
Person / Time
Site: 05560402
Issue date: 11/06/1987
From: Woodhead C
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20238D221 List:
References
CON-#188-5217 SP, NUDOCS 8801040159
Download: ML20238D219 (2)


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oocscito USNRC ,

Novegeg 49WO 57 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION gTFI ' 5 Cf BRANCH BEFORE THE ADMINISTRATIVE JUDGE

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In the Matter of )

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DAVID W. HELD ) Docket No. 55-60402

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(Senior Operator License for )

Beaver Valley Nuclear Power )

Station, Unit 1) )

NRC STAFF MOTION FOR EXTENSION OF TIME

1. THE MOTION Thr. NRC staff (Staff) respectfully moves the Administrative Judge for cn extension of time to respond to the Administrative Judge's order dated November 4,1987.

II. DISCUSSION On November 4, 1987, Staff counsel was notified by telephone of an order issued by the Administrative Judge which requires the Staff to file a detailed and lengthy response to Mr. Held's specification of claims (Specification) on November 11, 1987, one week from the date of the or-der and a federal holiday. As set out in the attached affidavit of Barry

- l Norris, the Staff examiner who will prepare the response, it is physically impossible to comply with the Judge's order. The Order requires a de-tailed and thorough explication of (1) Mr. Held's simulator examination grades, (2) agency examination procedures, and (3) the simulator config-uration. To produce this explication will require the joint efforts of NRC 8801040159 871106 A SECY LIC55 05560402PDR p/

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(F Region. I personnel, Headquarters Operator Licensing Branch Staff and I Staff counsel. Therefore, for the reasons set forth in the attached affi-davit of Barry S. Norris, the Staff requests an extension of time until December 11,1987 to file its response.

1 Staff notes that since it has not been determined whether Mr. Held's application fulfills the requirements of 10 C.F.R 55.11(c) it is not clear whether NRC could lawfully nrant Mr. Held a senior operator license even if it were decided that Mr. Held had passed the simulator examination.

Therefore, the Staff has been waiting for clarification of the utility's cer-tification of need before preparing a response to Mr. Held's specification.

However, in view of the Administrative Judge's Order of November 4, 1987 the Staff has begun preparation of the required response.

Ill. CONCLUSION For the reasons stated, the Staff should be granted an extension of time until December 11, 1987, to file a response to Mr. Held's specification.

Respectfully sutmltted, AYMn ColIeen P. Woodhead Counsel for NRC Staf f Dated'at Bethesda, Maryland this 6th day of Novmber,1987 l 1

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