[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]


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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