ML060750073

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Steven P. Moffitt -Establishment of Atomic Safety and Licensing Board
ML060750073
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 03/16/2006
From: Bollwerk G
Atomic Safety and Licensing Board Panel
To:
Giitter R
References
ASLBP-06-847-03-EA, IA-05-054, RAS 11367
Download: ML060750073 (3)


Text

UNITED STATES OF AMERICA RAS 11367 DOCKETED 03/16/06 NUCLEAR REGULATORY COMMISSION SERVED 03/16/06 IN THE MATTER OF STEVEN P. MOFFITT IA-05-054 ASLBP No. 06-847-03-EA ESTABLISHMENT OF ATOMIC SAFETY AND LICENSING BOARD Pursuant to delegation by the Commission dated December 29, 1972, published in the Federal Register, 37 Fed. Reg. 28,710 (1972), and the Commissions regulations, see 10 C.F.R. §§ 2.104, 2.202, 2.300, 2.303, 2.309, 2.311, 2.318, and 2.321, notice is hereby given that an Atomic Safety and Licensing Board is being established to preside over the following proceeding:

STEVEN P. MOFFITT (Enforcement Action)

This proceeding concerns a request for a hearing submitted on February 23, 2006, by Steven P. Moffitt in response to a January 4, 2006 NRC staff Order Prohibiting Involvement in NRC-License Activities, 71 Fed. Reg. 2581 (Jan. 17, 2006). Under the terms of that immediately effective staff order, the staff concluded that because Mr. Moffitt (1) had knowledge of the degraded condition of the reactor pressure vessel (RPV) head at the Davis-Besse Nuclear Power Station and the limitations experienced during RPV head inspections; and (2) had deliberately provided materially incomplete and inaccurate information in connection with the continued operation of the Davis-Besse facility for a period prior to a February 2002 refueling outage that resulted in a significant adverse condition going uncorrected, Mr. Moffitt was, among other things, prohibited for five years from engaging in NRC-licensed activities.

The Board is comprised of the following administrative judges:

Michael C. Farrar, Chair U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 E. Roy Hawkens U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Nicholas G. Trikouros U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 All correspondence, documents, and other materials shall be filed with the administrative judges in accordance with 10 C.F.R. § 2.202.

/RA/

G. Paul Bollwerk, III Chief Administrative Judge Atomic Safety and Licensing Board Panel Issued at Rockville, Maryland, this 16th day of March 2006.

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

)

STEVEN P. MOFFITT ) Docket No. IA-05-054

)

)

(Enforcement Action) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing ESTABLISHMENT OF ATOMIC SAFETY AND LICENSING BOARD have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.

Office of Commission Appellate Administrative Judge Adjudication Michael C. Farrar, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Washington, DC 20555-0001 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Administrative Judge Administrative Judge E. Roy Hawkens Nicholas G. Trikouros Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 Bradley W. Jones, Esq. Jane Gowen Penny, Esq.

Office of the General Counsel Killian & Gephart LLP Mail Stop - O-15 D21 218 Pine Street U.S. Nuclear Regulatory Commission P.O. Box 886 Washington, DC 20555-0001 Harrisburg, PA 17108-0886

[Original signed by Evangeline S. Ngbea]

Office of the Secretary of the Commission Dated at Rockville, Maryland this 16th day of March 2006