ML20238D454

NRC Staff Response to Motion Filed by Aj Morabito.* Denial Recommended.Certificate of Svc Encl

ML20238D454
Person / Time
Site:	05560755
Issue date:	09/10/1987
From:	Woodhead C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#188-5180 SP, NUDOCS 8801040264
Download: ML20238D454 (4)

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'87 SEP 11 A9 Z8 i

September- 10,.1987  !

I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE JUDGE In .the Matter of )

)

ALFRED J. MORABITO ) Docket No. 55-60755

)

(Senior Operator License for )

Beaver Valley Nuclear Power )

Station, Unit 1) )

NRC STAFF RESPONSE TO MOTION FILED BY ALFRED J. MORABITO

l. INTRODUCTION By- motion dated August 31, 1987, Alfred J. Morabito filed a motion with the Presiding Officer requesting that, if the NRC staff (Staff) does not file its response to Mr. Morabito's Specification of Claims (Specifica-tion) by October 9, 1987, the Presiding Officer rule in Mr. Morabito's favor on all issues contained in the Specification. There being neither legal nor factual basis for such request, the motion must be denied, as discussed below.

11. DISCUSSION As set out in the motion , by Memorandum and Order dated August 19, 1987, the Presiding Officer granted Staff's motion for an ex-tension of time until October 9,1987 to respond to Mr. Morabito's Specifi-cation of Claims, filed July 31, 1987. The reason for the motion for extension of time was the Staff's need for more time to obtain documenta-hk L .3 5 5

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1 tion to adequately address .the claims made. Mr. Morabito argues that  !

while he supports a reasonable extension of time, the Staff has previously been provided "most of the information" at one time or another in various l documents presented from 1977 to the present. Motion at 2. For this reason, Mr. Morabito states that the extension must be viewed a maximum one and that failure to meet the new response date should result in an order favorable to his claims. Motion at 2-3.

Mr. Morabito's motion is without factual or legal basis. His motion is factually speculative in that he anticipates, without cause, a possible fall-ure by Staff to timely file its response. The motion is legally defective in that it suggests contravention of the Commission's Order that the is -

sues be decided based on. the ". . . written. submissions of the parties, any ' oral presentations by the parties, and other technical or factual in-formation that is publicly available in the docket file." Order, July 1, 1987 at 3. What Mr. Morabito proposes is. similar to a default Judgment which would violate the Commission's mandate to protect public health and safety by regulatory compliance. However, the Staff does not forsee-any difficulty in filing its response by October 9, 1987. Nevertheless, if some unexpected event should create a need for a further extension of time, the Staff would so move and Mr. Morabito would havd an opportu-nity to respond at that time, in short, Mr. Morabito's present motion is entirely groundless and should be dismissed.

V g -4 lli. CONCLUSION-For the reasons stated, the motion filed by Mr. Morabito on August 31, 1987 should be denied, Respectfully subnitted, d!kW L

Colieen P._Woodhead Counsel for NC Staff Dated at Bethesda, Maryland this loth day of Septenber,1987 W

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 87 KP 11 A9 M8 BEFORE THE ADMINISTRATIVE JUDGE I. r -

DGV t >-

In the Matter of )

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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 RESPONSE TO MOTION FILED BY ALFRED J. MORABITO" 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 Reg-ulatory Commission's internal mail system, this 10th day of September, 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 1 631 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 Washington, D.C. 20555*

Colleen P. Woodhead Counsel for NRC Staff

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