ML20154K860

NRC Staff Response to Request for Hearing Filed by Applicant Sp O'Hern.* Request Re Denial of Application for Senior Operator License Filed in Timely Manner.Staff Does Not Object to Granting Request.With Certificate of Svc

ML20154K860
Person / Time
Site:	Fermi, 05532442
Issue date:	10/14/1998
From:	Uttal S NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#498-19641 99-753-01-SP, 99-753-1-SP, SP, NUDOCS 9810190048
Download: ML20154K860 (4)

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iqb p DOCKETEgt kr 14,1998 USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMh00 SIGH 15 P2 :58 BEFORE THE PRESIDING OFFICER c, gE RULEW i'+%

In the Matter of ) WUDC ~ m -F

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SHAUN P. O'HERN ) Docket No. 55-32442-SP

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(Denial of Reactor Operator's License ) ASLBP No. 99-753-01-SP

' Application) )

. NRC STAFFS RESPONSE TO REQUEST FOR HEARING -

FILED BY APPLICANT. SHAUN P. O'HERN BACKGROUND On May 29,1998, Shaun P. O'Hern, an applicant for a reactor operator license, requested an informal NRC staff review of the proposed denial of his application, based upon the grading of the written examination. On September 7,1998, after review of the matter, the NRC staff (Staff) informed Mr. O'Hern that the preposed denial had been sustained. By letter dated September 22,1998, Mr. O'Hern filed a request for hearing.

l On October 8,1998, the Chief Administrative Judge of the Atomic Safety and Licensing Board Panel issued an order designating a Presiding Officer to rule on the request for hearing and, as necessary, to conduct an informal adjudicatory heanng in accordance with 10 C.F.R. Part 2 Subpart L.

l The Staff hereby files its response to Mr. O'Hern's request for hearing, pursuant to 10 C.F.R. % 2.1205(g).

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DISCUSSION An applicant for a license who desires a hearing on a proposed denial of a license application, must file a request for hearing within the time limitations of 10 C.F.R. 6 2.103 (i.e. l within twenty (20) days of the date of the notice). See 10 C.F.R. 5 2.1205(b). Mr. O'Hern filed the instant hearing request within the appropriate time limit. See 10 C.F.R.

I

{f 2.103(b)(2) and 2.710. Therefore, the Staff has no objection to the hearing request. l Mr. O'Hern indicated in his request for hearing that he has been unable to perform a complete review of the NRC's contentions due to the refueling outage at Fermi 2, but did not explain how or why the refueling outage has impacted his ability to review the contentions.

He also did not specify his objections to the NRC's contentions. The Staff requests that the I l

Presiding Officer set a date certain for Mr. O'Hern to provide a specification of his claims, so that the Staff will be able to address his objections and provide pertinent documents to the hearing file.

CONCLUSION 4 i

Shaun P. O'Hern filed a request for hearing on the denial of his application for a senior operator license in a timely manner. The Staff does not object to the granting of the request for hearing, and requests that the Presiding Officer set date certain for submission of a i

specification of claims by Mr. O'Hern.  !

Respectfulf submittedy

/ l

,8'ushn I'. Uttal Counsel for NRC Staff Dated at Rockville, Maryland this 14th day of October,1998

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DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

% DCT 15 P2 :59

! In the Matter of )

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) OFRCE OF SEqe +y

'SHAUN P. O'HERN ) Docket No.55g;'g{y'g gyg

, )

l (Denial of Reactor Operator's License )- . ASLBP No. 99-753-01-SP l Application). )

NOTICE OF APPEARANCE I

i. Notice is hereby given that the undersigned attorney enters an appearance in the above- ,

j captioned matter. In accordance with 10 C.F.R. s 2.713(b), the following information is (

i provided-l Name: Susan L. Uttal l l l

l l Address: U.S. Nuclear Regulatory Commission i Office of the General Counsel ]

Washington, D.C. 20555 L Telephone Number: 301-415-1582 l

l Facsimile Number: 301-415-3725 L

l-l E-Mail Address: slu@nrc. gov

-Admissions: New Jersey Pennsylvania Maryland U.S. Supreme Court Name of Party: NRC Staff Respectf y su,b itted,'

I ffA fI

S san L. ttal

! Counsel for NRC Staff 4

! Dated in Rockville, Maryland i this 14th day of October,1998 4

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UNITED STATES OF AMERICA 00CKETED NUCLEAR REGULATORY COMMISSION USHRC BEFORE THE PRESIDING OFFICER

% OCT 15 P2 :58 ,

In the Matter of )

) OFFi. :m SHAUN P. O'HERN ) Docket No. 55-32442-SP Rut - a

)

ADJu .cF (Denial of Reactor Operator's License ) ASLBP No. 99-753-01-SP Application) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S RESPONSE TO REQUEST FOR HEARING FILED BY APPLICANT, SHAUN P. O'HERN" and " NOTICE OF APPEARANCE" for Susan L. Uttal, in the above-captioned proceeding have been served on the following by U.S.

Mail, first class, or, as indicated by a single asterisk through deposit in the Nuclear Regulatory Commission's internal mail system, or as indicated with double asterisks by facsimile transmission, this 14th day of October,1998:

Administrative Judge Adjudicatory File * (2)

Peter B. Bloch* Atomic Safety and Licensing Board Presiding Officer Mail Stop: T-3 F23 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission l Mail Stop T-3 F23 Washington, D. C. 20555

, U.S. Nuclear Regulatory Commission l Washington, D. C. 20555 Atomic Safety and Licensing Board FAX: 301-415-5595 Panel *

Mail Stop

T-3 F23 l Administrative Judge U.S. Nuclear Regulatory Commission Richard F. Cole

• Washington, D. C. 20555 Special Assistant Atomic Safety and Licensing Board Secretary * (2)

Mail Stop T-3 F23 Attn: Rulemakings and U.S. Nuclear Regulatory Commission Adjudications Staff Washington, D. C. 20555 Mail Stop: OWFN-16 Cl U.S. Nuclear Regulatory Commission Shaun P. O'Hern Washington, D. C. 20555 3504 Iroquis Monroe, MI 48162 Office of Commission Appellate Adjudication * ,

Mail Stop: OWFN-16 C-1 ,

U.S. Nuclear Regulatory Commission Washington, D. C. 20555 l- ////[I'd Susan L. ttal Counsel for NRC Staff