CLI-96-11, Order (CLI-96-11).* Denies Petition for Review Re Es Mcdaniel Challenge to Staff Rejection of Claim Concerning Written Exam to Become RO at Vogtle Electric Generating Plant.W/Certificate of Svc.Served on 961113
| ML20134L542 | |
| Person / Time | |
|---|---|
| Site: | 05521849 |
| Issue date: | 11/13/1996 |
| From: | Hill W NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Mcdaniel E AFFILIATION NOT ASSIGNED |
| References | |
| CON-#496-18051 CLI-96-11, OT, NUDOCS 9611210072 | |
| Download: ML20134L542 (3) | |
Text
t/705/
DOCKETED US:OC UNITED STATES oF AMERICA NUCLEAR REGULATORY COMMISSION
% N0': 13 P4 :00 CONNISSIONERS:
O fi @ f ~.1 ' ' [* ~,i Shirley Ann Jackson, Chairman DOCnr.ig,,-
Kenneth C. Rogers Greta J. Dicus Nils J. Dias Edward NoGaffigan, Jr.
333 NOV 131996
)
In the Matter of
)
)
EMERICK 8. McDANIEL
)
Docket No. 55-21849-OT
)
(Denial of Application for
)
Reactor Operator License)
)
)
l CLI 11 GRDER On September 11, 1996, Mr. Emerick S. McDaniel filed a Petition for Review of the Presiding Officer's Initial Decision in this case, LBP-96-17 (Sept. 3, 1996), in which the Presiding Officer rejected Mr. McDaniel's challenge to the NRC staff's rejection of his claim that he had passed his written examination to become a reactor operator at the Vogtle Electric Generating Plant.
The Presiding Officer ruled that Mr. McDaniel had correctly answered less than 80 percent of the questions and had therefore failed the exam.
We deny the Petition for Review because it fails to raise any substantial question justifying Commission review as provided under 10 C.F.R. 5 2.786(b) (4), incoroorated into suboart L in 10 We see no basis to question the Presiding C.F.R. $ 2.1253.
Officer's factual finding that Mr. McDaniel had failed the
'2/
9611210072 961113
-f0 PDR MISC 9
9611210072 PDR
l 9
9 2
written exam.
Sam annarally Kenneth G. Pierce (Shorewood, Illinois), CLI-95-6, 41 NRC 381 (1995).
Mr. McDaniel's Petition for Review is therefore DENIED.
["
For the Commission 9
s n
=
f 9/.dA+' k. Mu
- s,+/;Y****4 n q' 0
WILLIAM M. HILL Acting Secretary of the commission Dated at Rockville, Maryland, this 13th day of November, 1996.
l I
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of EMERICK S. MCDANIEL Docket No.(s) 55-21849-0T CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing COMMISSION ORDER (CLI-96-11) have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
l Administrative Judge Office of Commission Appellate Peter B. Bloch, Presid'g Ofer Adjudication Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop - T-3 F23 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 1
Administrative Judge John T. Hull, Esq.
Peter A. Morris Office of the General Counsel 10825 South Glen Road Mail Stop 15 818 Potomac, MD 20854 U.S. Nuclear Regulatory Commission Washington, DC 20555 Emerick S. McDaniel 417 McIntosh Drive Waynesboro, GA 30830 4
Dated at Rockville, Md. this 13 day of November 1996 Office 'of the Secretary of the Commission i
i