[Federal Register Volume 62, Number 71 (Monday, April 14, 1997)]
[Notices]
[Pages 18155-18156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9556]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 55-61425-SP; ASLBP No. 97-725-02-SP]


Atomic Safety and Licensing Board Panel; Notice of Hearing and of 
Opportunity To Petition for Leave To Intervene or To Participate as an 
Interested Governmental Entity; Denial of Application for Senior 
Reactor Oeprator's License

    Before Presiding Officer: G. Paul Bollwerk, III, Administrative 
Judge. Special Assistant: Thomas D. Murphy, Administrative Judge.

    In the Matter of Frank J. Calabrese, Jr.; (Denial of Senior 
Reactor Operator's License).

April 8, 1997.
    On March 3, 1997, the NRC staff issued a notice of denial of 
application for a senior reactor operator's (SRO) license to Frank J. 
Calabrese Jr. In that letter, the staff advised Mr. Calabrese that 
although he had passed the written portion of the SRO examination 
administered to him on October 21-23, 1996, his application was being 
denied because he failed to pass the operating test portion of the 
examination.

[[Page 18156]]

    On March 14, 1997, Mr. Calabrese filed a timely hearing request 
challenging the staff's denial of his SRO license application. In his 
hearing request, he asserted that his simulator examination was graded 
incorrectly or too severely. On March 25, 1997, the Commission referred 
Mr. Calabrese's hearing request to the Atomic Safety and Licensing 
Board Panel for the appointment of a presiding officer to conduct any 
necessary proceedings. On March 26, 1997, the Chief Administrative 
Judge of the Panel appointed Administrative Judge G. Paul Bollwerk, 
III, to act as the Presiding Officer, and Administrative Judge Thomas 
D. Murphy, to serve as Special Assistant to the Presiding Officer. (62 
FR 15,542 (1997))
    After receiving the staff's April 7, 1997 answer to the 
University's hearing request, on April 8, 1997, the Presiding Officer 
issued an order granting Mr. Calabrese'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 
Secs. 2.1201-.1263).
    Further, in accordance with 10 CFR Sec. 2.1205(j), please take 
notice that within thirty 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 
Sec. 2.1211(b). Any petition for leave to intervene must set forth the 
information required by 10 CFR Sec. 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 
Sec. 2.1205(h); (3) the petitioner's areas of concern regarding the 
staff's March 3, 1997 denial of Mr. Calabrese's SRO license 
application; and (4) the circumstances establishing that the petition 
to intervene is timely in accordance with 10 CFR Sec. 2.1205(d). In 
accordance with 10 CFR Sec. 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 March 3, 1997 
denial of Mr. Calabrese's SRO license application.
    In addition, pursuant to 10 C.F.R. Sec. 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 the definition of 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 April 8, 1997 order, the Presiding Officer directed that on 
or before Thursday, May 8, 1997, the staff shall file the hearing file 
for this proceeding. Once the hearing file is received, pursuant to 10 
CFR Sec. 2.1233 the Presiding Officer will establish a schedule for the 
filing of written presentations by Mr. Calabrese 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 Secs. 2.1233(a), 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. Also, general information 
regarding the conduct of agency adjudicatory proceedings, including the 
provisions of 10 CFR Part 2, Subpart L, can be found by accessing the 
Atomic Safety and Licensing Board Panel's World Wide Web home page at 
the following case-sensitive universal resource locator (URL): <a href="http://
www.nrc.gov/NRC/ASLBP/homepage.htm">http://
www.nrc.gov/NRC/ASLBP/homepage.htm</a>.

    Dated: April 8, 1997, Rockville, Maryland.
G. Paul Bollwerk, III,
Administrative Judge.
[FR Doc. 97-9556 Filed 4-11-97; 8:45 am]
BILLING CODE 7590-01-P