ML20238D326

Order.* Aj Morabito Request for Hearing Re Denial of License Application Granted.Chairman of ASLBP Directed to Designate Single Member of Panel to Act as Presiding Officer.Parties to Adjudication Include Morabito & Nrc.Served on 870701

ML20238D326
Person / Time
Site:	05560755
Issue date:	07/01/1987
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Morabito A MORABITO, A.J., Atomic Safety and Licensing Board Panel, NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#188-5160 SP, NUDOCS 8801040205
Download: ML20238D326 (4)

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .g g ,_) g, y COMMISSIONERS: .r o

Lando W. Zech, Jr., Chairman Thomas M. Roberts Frederick M. Bernthal Kenneth M. Carr SERVED JUL -11987 In the Matter of ALFRED J. MORABITO Docket No. 55-60755 (Senior Operator License for Beaver Valley Nuclear Power Station, Unit 1)

ORDER By letter dated August 27, 1986, Alfred J. Morabito, an applicant for a senior operator license for the Beaver Valley Nuclear Power Station, Unit 1, was informed by NRC's Region I office that he had failed the written and simulator examinations administered on July 22 g

and 23, 1986, respectively and that his license application was thus denied. In accordance with directions contained in the letter of denial dated September 11, 1986, Mr. Morabito requested a hearing on the denial. On November 12, 1986, Region I advised Mr. Morabito that it had regraded and reevaluated his examination and had found no adequate basis to overturn its original denial. By letters dated December 1 and 16, 1986 to Mr. W.T. Russell, Director, Division of Human Factors Technology, Mr. Morabito requested further review. On February 2, 1987, the Operator Licensing Branch, Division of Human Factors Technology, 8801040205 870701 5 SECY LIC55 0556 39

2 NRR, reviewed the actions taken by Region I along with additional information provided by Mr. Morabito and found that the actions taken by Region I were performed in accordance with Examiner Standard ES-II2, as set forth in NUREG-1021 and that Mr. Morabito failed to provide sufficient documentation to support a reversal of Region I's conclusions. In telephone calls and by letters dated March 10 and June 2,1987, Mr. Morabito reiterated his request for a hearing.

Mr. Morabito's request for a hearing is granted, and we direct the Chairman of the Atomic Safety and Licensing Board Panel to designate a single member of that Panel to act as the presiding officer. The parties to this informal adjudication shall be Mr. Morabito and the NRC staff.

In carrying out his or her responsibility under this delegation, the presiding official will have the authority to request and receive whatever written submission and documents deemed necessary from any party on any schedule deemed proper. Such requests can include g requirements that petitioner provide additional information to further particularize the aspects of the subject matter he wishes to have heard or that the parties answer specific questions, with supporting materials, that the presiding officer poses to them. All written communications to or from the presiding officer shall be served on the parties, j In his discretion, the presiding officer also can entertain oral presentations from the parties. Any oral communications between the presiding officer and any party concerning any matter at issue in the j

3 proceeding will be conducted in the presence of the parties or memorialized in a written memorandum that is served on all parties.

The Commission's procedures for formal adjudication set forth in 10 CFR Part 2, Subpart G do not apply. To the extent that the presiding officer finds it useful or appropriate, he or she may consult the Comission's proposed rules entitled " Informal Hearing Procedures for Materials Licensing Adjudications" published at 52 Fed. Reg. 20089 (May 29,1987) for guidance.

If, on the basis of the parties' presentations and other information that the presiding officer is entitled to rely upon the presiding officer believes that additional procedures are necessary to ensure the full development of the agency record or to resolve any.

material factual issues that could not be resolved through the procedures set forth in this order, he or she should seek authority from the Commission to implement any additional procedures.

The presiding officer's decision, which is to be in writing, should be made on the basis of the written submissions of the parties, any oral j

presentations by the parties, and other technical or factual information that is publicly available in the docket file. The presiding officer's decision will become final agency action thirty days after the date of issuance unless the Commission, on its own motion, undertakes a review of the decision. No petition for review will be entertained by the Commission regarding the presiding officer's decision.

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It is so ORDERED.

44 $3 p ,0g For the Comission k r v ehfe  % ,, 4, a c ca.

SAMUEL C . CHILK Secretary of the Comission l

Dated at Washington, D.C. (

this / .sr' day of July,1987, i

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