ML20245J256
| ML20245J256 | |
| Person / Time | |
|---|---|
| Site: | 05520449 |
| Issue date: | 04/27/1989 |
| From: | Frye J Atomic Safety and Licensing Board Panel |
| To: | ELLINGWOOD, R.W., NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#289-8534 89-588-01-SP, 89-588-1-SP, NUDOCS 8905040064 | |
| Download: ML20245J256 (5) | |
Text
l
.+
1
' ((3 "
e
)
i
. ?. *;i. &
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'89 APR 28 P2 :29 ATOMIC SAFETY AND LICENSING BOARD PANEL I
I Before Administrative Judge
'{'g ;
John H Frye, III SERVED APR 261989 In the Matter of Docket No. 55-20449 Rodger W.
Ellingwood ASLBP No. 89-588-01-SP (Senior Operator License for Catawba Nuclear Station)
April 27, 1989 l
l MEMORANDUM AND ORDER On September 26, 1988, Rodger W.
Ellingwood took a written examination in an effort to qualify as a senior reactor operator (SRO) for Duke Power Company's Catawba Nuclear Station.
On December 7, Staff informed Mr. Ellingwood that he had not passed that examination and advised him that he might seek reconsideration of Staff's grading of the examination.
Mr. Ellingwood followed this course.
On March 1, Staff informed Mr. Ellingwood that it had reconsidered its marking of the examination in light of Mr.
Ellingwood's comments and had revised his score upwards, but had determined that he still had not achieved a passing score.
Staff also advised Mr. Ellingwood that he could request a hearing on Staff's' proposed denial of his SRO license.
Mr. Ellingwood filed a timely request for a hearing with the Commission's Secretary.
On April 13 the Secretary, acting pursuant to 10 CFR 9 2.772(j),
forwarded the request to the Chief Administrative Judge who, on r
8905040064 890427
~
SECYLIC550552g9 b 2-l
L.
o
... April 17, appointed the undersigned to preside.'
'A hearing will be held on Staff's proposed denial of Mr.
Ellingwo'od's application.
Initially, I must determine what rules will govern the conduct'of that hearing.
The Commission has not adopted any rules to govern the procedures to be employed in cases such as these, although it has proposed to apply the rules contained in the recently adopted Subpart L to 10 CFR Part 2.2 This is consistent with Commission guidance in other reactor operator license proceedings.
Consequently, the Rules contained in Subpart L will apply to this proceeding.3 Mr. Ellingwood's request for.a hearing will be treated as if filed under 6 2.1205(b).
In this circumstance, under 9 2.1205(h) Mr. Ellingwood anc Staff are the parties to the hearing.
Pursuant to 6 2.1231(a) and (b),
Staff is to file with the Secretary and, to the extent that it has not already done so, serve a hearing file on the Presiding Officer, Judge Shon, and Mr.
Ellingwood.
This file is to contain all documents and correspondence relevant to the SRO examination taken by Mr.
Ellingwood, including any applicable regulations or Staff guidance.
In particular, Staff is to include any documents which concern what l
' Judge Frederick J.
Shen was appointed to provide technical assistance in the compilation of the record.
2See Proposed Rule, Informal Hearing Procedures for Nuclear Reactor Operator License Adjudications, 54 Fed. Reg.
l April' _, 1989.
3Staff is directed to supply Mr. Ellingwood with a copy of Subpart L.
,e.
-3 constitutes a passing grade.
Staff is to file and serve this file within 15 days of the service of.this order.'
Within 15' days of the service of the hearing-file on him by Staff, Mr. Ellingwood is to file with the Secretary and serve on the Presiding. Officer, Judge Shon, and Staff a detailed description of any deficiency or omission which he maintains Staff made in its proposed denial.
Any factual arguments which Mr. Ellingwood makes should be under oath or affirmation.
He should also submit any documentary evidence on which he wishes to rely.
In short, he should submit all of the material which he wishes to have considered at.this time.
If he desires to make an oral presentation, he should so indicate and state why he believes that an oral presentation is necessary.
Staff may file similar material in rebuttal within 15 days of the service of Mr. Ellingwood's material.
If it wishes to make an oral presentation, Staff should so indicate at that time, stating why it believes such a presentation is necessary.
After reviewing the material presented, I may schedule an oral hearing, pose questions to the parties to be answered in writing, or render a decision on the basis of the hearing file and the material submitted by the parties.
See generally 66 2.1233 and 2.1235.
'Because the hearing file should not be extensive, I have shortened the 30-day period provided in 6 2.1231(a).
See 66 2.1203(d) and 2.711.
y...
p.
t.-
4 b
I
{ 'i. ORDER As provided above, the following actions are to be taken in this proceeding:
1.
Staff is to provide Mr. Ellingwood with a copy of
-1 Subpart L to-10.CFR Part 2:
2.-
Within 15 days of service of this Memorandum and Order, Staff is to file and serve the Hearing File; 3.
Within 15 days of the service of the Hearing File, Mr. Ellingwood is to file and serve all the material which he wishes to have considered in this proceeding and indicate whether he wishes to make an oral presentation; and 4.
Within 15 days of the service cf the material provided for in 3, Staff is to file and. serve all the material which it wishes to have considered in rebuttal and indicate whether
.it wishes to make an oral presentation.
PRESIDING OFFICER bN Jkhh ( Frye, III A
INISTRATIVE JUDGE Bethesda, MD April 27, 1989 i
<g
.s.
(
UNITED STATES OF AMERICA
[-
NUCLEAR RESULATORY COMMISSION In the Matter of I
I ROBER W. ELLINSWOOD I
Docket No. (s) 55-20449 I
(Senior Ocerator License for i
Catawba Nuclear Station) l I
e CERTIFICATE OF SERVICE I htreby certify that copies of the foregoing LB MEM3RANDUM AND ORDER 4/27 nave been served upon the following persons by U.S. asil, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative Judge Administrative Judge John H. Frye. !!!
Frederick J. Shen Presiding' Officer Special Assistant Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Joseph Rutberg, Escuire Assistant General Counsel Roger W. Ellingwood Office of the General Counsel 4461 Summerlin Place U.S. Nuclear Regulatory Commission Rock Hill, SC. 29730 Washington, DC 205'5 Dated at Rockville, Md. this 28 day of April 1989 iS a; i;;;;n; rara; s;a;aan I
p l
nI 1
l I
i