ML20238D350

Memorandum & Order (Requesting Spec of Claims).* Requests Aj Morabito to Indicate Aspect or Aspects of NRC License Denial Which Morabito Seeks to Litigate.Notice of Hearing to Be Published in Fr.Served on 870716

ML20238D350
Person / Time
Site:	05560755
Issue date:	07/15/1987
From:	Bechhoefer C Atomic Safety and Licensing Board Panel
To:	Morabito A MORABITO, A.J.
References
CON-#188-5163 87-551-02-SP, 87-551-2-SP, SP, NUDOCS 8801040217
Download: ML20238D350 (5)

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" UNITED STATt3 0F AMERICA N' NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL

'87 IL 16 R2:57 .

Before Administrative Judge: m U Charles Bechhoefer 5e t 7 ,

^ SERVED JUL 1 6 1987 In the Matter of Docket No. 55-60755 -

ALFRED J. MORABITO ) ASLEP No. 87-551-02-SP 9 s ) d "

', Senior Operator License for ) N Beaver Valley Power Station, Unit 1 July 15, 1987 p i i MEMORANDUM AND ORDER!

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s By its Order dated July 1,1987, the Nuclear Regulatory Comnission ,y.

granted the request of Mr. Alfred J. Morabito for a hearing'c'nlthe NRC Staff's denial of his application for a senior operator license for the a

Beaver Valley Nuclear Power Station, Un!t I. The Commission authorize 6 ,

' an informal hearing, to be conducted by a single Presiding Officer, witti E'

the parties limited to Mr. Morabito and the NRC Staff. The undersigned c was appointed Presiding Officer by appointment dated July 2, 1987 (52 q Fe>f. Rt.g. 26106, July 10,1987). .

t As provided in the Commission's Order, the procedures for formal adjudication set forth in 10 C.F.R. Part 2. Subpart G, are not t Instead, the Commission har.

applicable >y(o this informal proceedin.J..

w authorized me, to the extent I f fnd it usatti or appropriate, to corsult

'for guidnce the Commission's pypesed rules entitled " Informal Hearing Procedures for Materials. Licensing adjudications," published at 6/. Fe'd.

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Reg. 20089 (May 29. 1987). By copy of this Memorandum and Order, I am transmitting these proposed rules to Mr. Morabito for his information.

As authorized by the Comission Order, I hereby request Mr.

thi)abito to indicate the aspect or aspects of the Staff's license denial which he seeks to litigate. Mr. Morabito should particularize any error (s) he believes the Staff to have made, and he should set forth the basis for his claims with reasonable specificity. He should include all information upon which he intends to rely in asserting his appeal from the Staff's denial. This submission will constitute the written f! _

presentation referenced in proposed 10 C.F.R. 6 2.1233. As there provided, the presentation should be submitted under oath or-affirmation.

Please be advised that I contacted Staff counsel by telephone and requested that she forward to me copies of all documents referenced in

~ the Commission's July 1, 1987 Order, together with any other documents which the Staff believes may be relevant in resolving Mr. Morabito's s appeal. I have not yet received these documents, but I understand that the Staff also will provide Mr. Morabito with copies of any relevant documents to which he has not previously had access. These documents will comprise the " hearing file" referenced in proposed 10 C.F.R. 5 e

.1-' 2.1231.

t' - Mr. Morabito should file (mail) his statement of claims and written presentation, together with supporting documentation (if any) by

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3 Wednesday, August 5, 1987.1 The NRC Staff may file a response, within 15 days of service of Mr. Morabito's statement.

As contemplated by the Commission's Order, this informal adjudication may be decided entirely on the basis of Mr. Morabito's statement and the Staff's response, together with relevant documents.

The parties accordingly should use their best efforts to include in their filings all information they believe is relevant and material to their position. After receiving these filings, I will determine whether additional submissions and documents may be desirable; I may pose questions to either or both of the parties.

In addition, the Commission has authorized the Presiding Officer, in his discretion, to entertain oral presentations from the parties.

See also proposed 10 C.F.R. 5 2.1235. In thair respective filings, Mr.

Morabito and the Staff should address whether such an oral presentation is necessary or desirable given the facts of this proceeding. Any oral presentation will be held in the vicinity of Mr. Morabito's business location (i.e., near Pittsburgh, PA) or at such other location as may be agreed'upon by the parties and approved by the Presiding Officer. If I For good cause shown, extensions of time may be granted. Cf. 10 C.F.R. 66 2.711 and 2.710. I should be advised of any reglTisted

- extension of time, together with the position of the other party on such request, at least one day prior to the expiration date of the time sought to be extended.

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such an oral presentation is to be held, I will specify in a later Order the procedures applicable thereto, as well as the time and location of such presentation.

Although the parties to this proceeding are limited to Mr. Morabito and the NRC Staff, members of the public are invited to submit limited appearance statements with regard to the application. See proposed 10 C.F.R. 5 2.1211. If an oral presentation is held, I will afford members of the public the opportunity to make oral limited appearance statements. In any event, written statements may be submitted. Oral or written limited appearance statements do not become a part of the formal evidentiary record, but I have discretion to ask the parties to address on the record matters raised by such statements. Written limited appearance statements, or requests to make oral statements if an oral presentation is to be held, should be submitted to the Office of the Secretary, Docketing and Service Branch, U.S. Nuclear Regulatory Commission, 1717 H Street, N.W., Washington, D.C. 20555. A copy of such a statement or request also should be served on the Presiding Officer.

Under the Commission's July 1, 1987 Order, my decision in this proceeding is to be final, with no appeal provided. (The Commission has reserved the right to review my decision on its own motion.) However, if the provisions in the proposed informal hearing procedures were to be followed, an appeal to the Atomic Safety and Licensing Appeal Board would lie. See proposed 10 C.F.R. 6 2.1255. Because of the explicit language in the Commission's Order, I interpret the review provisions therein to be governing, notwithstanding the differing provisions of the i

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proposed procedures. In that connection, I note that Mr. Morabito on July 11, 1987 filed with the Comission a " Motion to Modify Order" seeking to modify the review provisions of the Order. (Mr. Morabito sentmeacopyofthisMotion.) Only the Commission has authority to modify the review provisions which it previously authorized.

At this time, I am also-issuing a Notice of Hearing which is to be published in the Federal Register. The Notice summarizes the matters included in this Memorandum and Order of interest to the members of the public.

IT IS SO ORDERED.

PRESIDING OFFICER ob d ' Ct Yhw r/

Charles Bechhoefer /

ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland l this 15th day of July, 1987.

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