ML20238D283

Answer of NRC Staff to Morabito Request to Reply to NRC Staff Response to Motion for Mod of Commission Order.* Denial of Motion Recommended.Certificate of Svc Encl

ML20238D283
Person / Time
Site:	05560755
Issue date:	08/14/1987
From:	Woodhead C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	NRC COMMISSION (OCM)
References
CON-#188-5176 SP, NUDOCS 8801040184
Download: ML20238D283 (5)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION *g7 E 17 A9 :15 BEFORE THE COMMISSION y in the Matter of )

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ALFRED J. MORABITO ) Docket No. 55-60755

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(Senior Operator License for )

Beaver Valley Nuclear Power )

Station, Unit 1) )

CD Ji ANSWER OF THE NRC STAFF TO MORABITO REQUEST TO REPLY TO NRC STAFF RESPONSE TO HIS MOTION FOR MODIFICATION OF COMMISSION ORDER l

Colleen P. Woodhead Counsel for NRC Staff August 14, 1987 i

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' ALFRED J. V.ORABITO ) Docket No. 55-60755 i

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(Senior Operator License for. -)

Beaver Valley Nuclear Power )

Station, Unit 1) )

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i ANSWER OF THE NRC STAFF TO MORABITO. REQUEST TO REPLY TO NRC STAFF RESPONSE TO l HIS MOTION FOR MODIFICATION OF COMMISSION ORDER t

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l Colleen P. Woodhead i Counsel for NRC Staff i

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISS!ON

'/ In the Matter of )

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ALFRED J. MORABITO ) Docket No. 55-60755

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(Senior Operator License for )

Beaver Valley Nuclear Power )

Station, Unit 1) )

ANSWER OF THE NRC STAFF TO MORABITO REQUEST TO REPLY TO NRC STAFF RESPONSE TO HIS MOTION FOR MODIFICATION OF COMMISSION ORDER I. INTRODUCTION By motion dated July 11, 1987, Alfred J. Morabito requested that the order for hearing issued by the Commission on July 1,1987 be modified to provide for petitions for Commission review of the decision of the Administrative Judge. On July 29, the NRC staff (Staff) filed its response opposing the motion. By pleading filed August 6, 1987, Mr. Morabito requested pe, mission, pursuant to 10 C.F.R. 5 2.730(c), to nec a reply to the "NRC Staff Response to [Mr. Morabito's] Motion for Edification of Commission Order" (Response). Mr. Morabito's " Request rw Fermission To Reply" also contains his reply.

11. DISCUSSION Mr. Morabito's reply comments on several points made in the Staff's Response provide I:ttle more than reargument of his original motion, again asserting a right to seek Commission review of the decision of the Administrative Law Judge. As the Staff points out in its Response,

Mr. Morabito has offered r.o explanation of how he is harmed by the Commission's prohibition of petition for review of the Administrative  !

, Judge's decision. Mr. Morabito's August 6,1987 pleading still ' offers no such explanation. Further, as discussed in the Staff's Response, there

-1 is no right to a formal hearing on denial of an operator license application. Mr. Morabito's reference to 10 C.F.R. 2.103 in his August 6,1987 pleading does not estabilsh such a right. His assertions concerning the examination for operator license may be relevant to the

" Specification of Claims" recently submitted by Mr. Morabito to the Administrative Judge but have no bearing on the motion to modify the Commission's order for hearing.

111. CONCLUSION There is nothing in Mr. Morabito's reply which affects the positions set out by the Staff's July 29, 1987 Response. Mr. Morabito's motion to modify the Commission Order should be denied.

Respectfully sutmltted, L 7/. M hor Colleen P. Woodhead Counsel for W C Staff Dated at Bethesda, Maryland this 14th day of August,1987

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NUCLEAR REGULATORY COMMISSION h7 E 17. A9:15 l BEFORE THE COMMISSION trq ,

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ALFRED J. MORABITO ) Docket No. 55-60755

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(Senior Operator License for )

Beaver Valley Nuclear Power )

Station, Unit 1) )

CERTIFICATE OF SERVICE I hereby certify that copies of " ANSWER OF THE NRC STAFF TO MORABITO REQUEST TO REPLY TO NRC STAFF RESPONSE TO HIS MOTION FOR MODIFICATION OF COMMISSION ORDER" in the above-captioned proceeding have been served on the following by deposit in the United States mall, first class, or as indicated by an asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, this 14th day of August,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 4 631 Park Avenue Atomic Safety and Licensing Appeal King of Prussia, PA 19406*

Board Panel (8)

U.S. Nuclear Regulatory Commission Docketing and Service Section Washington, D.C. 20555* Office of the Secretary U.S. Nuclear Regulatory Commission Samuel J. Chilk Washington, D.C. 20555*

Office of the Secretary U.S. Nuclear Regulatory Commissinn Washington, D.C. 20555*

.&O 5tephen H. Lewis Senior Supervisory Trial Attorney 1

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