[Federal Register Volume 63, Number 224 (Friday, November 20, 1998)]
[Notices]
[Pages 64531-64532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31023]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 55-32443-SP; ASLBP No. 99-755-01-SP]
Atomic Safety and Licensing Board; Michel A. Philippon, (Denial
of Senior Operator License Application); Notice of Hearing and of
Opportunity To Petition for Leave To Intervene or To Participate as an
Interested Governmental Entity
November 16, 1998.
Before Administrative Judges: Thomas S. Moore, Presiding
Officer, Dr. Charles N. Kelber, Special Assistant.
[[Page 64532]]
On October 4, 1998, the NRC staff issued a notice of denial of
application for a senior reactor operator's (SRO) license to Michel A.
Philippon. In that letter, the staff advised Mr. Philippon that
although he had passed the written portion of the SRO examination
administered to him on April 6, 1998, his application was being denied
because he failed to pass the operating test portion of the
examination.
On October 16, 1998, Mr. Philippon filed a timely hearing request
challenging the staff's denial of his SRO license application. On
October 26, 1998, the Commission referred Mr. Philippon's hearing
request to the Atomic Safety and Licensing Board Panel for the
appointment of a presiding officer to conduct any necessary
proceedings. On October 28, 1998, the Chief Administrative Judge of the
Panel appointed Administrative Judge Thomas S. Moore, to act as the
Presiding Officer, and Administrative Judge Charles N. Kelber, to serve
as Special Assistant to the Presiding Officer.
After receiving the staff's November 6, 1998 answer to Mr.
Philippon hearing request, on November 13, 1998, the Presiding Officer
issued an order granting Mr. Philippon's hearing request.
Please take notice that a hearing will be conducted in this
proceeding. This hearing will be governed by the informal hearing
procedures set forth in 10 CFR Part 2, Subpart L (10 CFR 2.1201-.1263).
Further, in accordance with 10 CFR 2.1205(j), please take notice
that within thirty (30) days from the date of publication of this
notice of hearing in the Federal Register (1) any person whose interest
may be affected by this proceeding may file a petition for leave to
intervene; and (2) any interested governmental entity may file a
request to participate in this proceeding in accordance with 10 CFR
2.1211(b). Any petition for leave to intervene must set forth the
information required by 10 CFR 2.1205(e), including a detailed
description of (1) the interest of the petitioner in the proceeding;
(2) how that interest may be affected by the results of the proceeding,
including the reasons why the petitioner should be permitted to
intervene with respect to the factors set forth in 10 CFR 2.1205(h);
(3) the petitioner's areas of concern regarding the staff's October 4,
1998 denial of Mr. Philippon's SRO license application; and (4) the
circumstances establishing that the petition to intervene is timely in
accordance with 10 CFR 2.1205(d). In accordance with 10 CFR 2.1211(b),
any request to participate by an interested governmental entity must
state with reasonable specificity the requestor's areas of concern
regarding the staff's October 4, 1998 denial of Mr. Philippon's SRO
license application.
In addition, pursuant to 10 CFR 2.1211(a), any person not a party
to the proceeding may submit a written limited appearance statement
setting forth his or her position on the issues in this proceeding.
These statements do not constitute evidence, but may assist the
Presiding Officer and/or parties in defining the issues being
considered. Persons wishing to submit a written limited appearance
statement should send it to the Office of the Secretary, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, Attention: Docketing and
Service Branch. A copy of the statement also should be served on the
Presiding Officer and the Special Assistant.
In the November 13, 1998 order, the Presiding Officer directed that
on or before December 14, 1998, the staff shall file the hearing file
for this proceeding. Once the hearing file is received, pursuant to 10
CFR 2.1233 the Presiding Officer will establish a schedule for the
filing of written presentations by Mr. Philippon and the staff, which
may be subject to supplementation to accommodate the grant of any
intervention petition or request to participate by an interested
governmental entity. After receiving the parties' written
presentations, pursuant to 10 CFR 2.1233(a) and 2.1235, the Presiding
Officer may submit written questions to the parties or any interested
governmental entity or provide an opportunity for oral presentations by
any party or interested governmental entity, which may include oral
questioning of witnesses by the Presiding Officer.
Documents relating to this proceeding are available for public
inspection at the Commission's Public Document Room, the Gelman
Building, 2120 L Street, NW., Washington, DC.
Dated: November 16, 1998.
Thomas S. Moore,
Administrative Judge.
[FR Doc. 98-31023 Filed 11-19-98; 8:45 am]
BILLING CODE 7590-01-P
