ML20138J310

Requests That Commission Agree W/Presiding Officer & Issue SRO License.Staff Continues to Contend That Presiding Officer Was in Error Re Decision.Submits Listed Response to Legal Stds Governing Issuance of Stay Cited by Staff

ML20138J310
Person / Time
Site:	Turkey Point, 05520726
Issue date:	04/23/1997
From:	Tetrick R AFFILIATION NOT ASSIGNED
To:	NRC
References
CON-#297-18267 SP, NUDOCS 9705080149
Download: ML20138J310 (1)

Text

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To: United States of America 00CKETED l Nuclear Regulatory Commission USNRC i

Subject:

NRC Staff & Motion for issuance of stay in the matter '97 APR 23 P4 :41 of Ralph L Tetrick.

Docket No. 55-20726-SP OFFICE OF SECRETARY DOCKETING & SERVICE BRANCH I On March 27,1997, Peter B. Block, Presiding Officer ruled in favor of myself, Ralph L Tetrick, and ordered that I be issued an SRO License.

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, in response the Staff continues to contend that the presiding officer was in error in his decision.

l The Staff cites the legal standards governing issuance of a Stay.

I respectfully submit the following responses:

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1. Likelihood of Success on the Merits 4 -

The Staff references NUREG-1021, Rev.8 which was not in effect at the time and wants to backfit the NUREG to the Presiding Officers decision, thereby enforcing rules after the fact.

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2. Irreparable injury in the Absence of A Stay The Staff contends that the decision will disrupt the Staff's policy of requiring an 80% passing giade. I contend that the Staffs implementation of NUREG-1021 Rev. 8 clarifies the standards and the Staff's practice will not be disrupted

3. Harm to Other Parties

The Staff contends that I, Ralph L Tetr!ck will not be substantially harmed by a stay.

The very opposite is true, due to the Staffs continual denial of a license I am unable to apply for a Nuclear Watch Engineers position, this has harmed me monetarily and has limited my career

, advancement opportunities.

4. Where the Public Interest Lies The Staff contends that the Presiding Officers decisionmay introduce confusion as to the grade required for an NRC license.

I contend that Revision

• af NUREG-1021 clarifies any confusion that would arise and that the Staff's abilities to administer tests will not be disrupted.

4 For the reasons stated above, I, Ralph L Tetrick respectfully request that the Commission agree with the

Presiding Officer and issue a license.

Sincerely, f

/Ralph L Tetrick

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