ML061500007
| ML061500007 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 05/26/2006 |
| From: | Baty M, Brock S NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Giitter R | |
| References | |
| 3:06CR712, ASLBP 05-839-02-EA, IA-05-021, RAS 11687 | |
| Download: ML061500007 (7) | |
Text
May 26, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ANDREW SIEMASZKO ) Docket No. IA-05-021
)
) ASLBP No. 05-839-02-EA NRC STAFF STATUS REPORT The Atomic Safety and Licensing Board issued an Order dated April 6, 2006 directing the Staff to file a status report at intervals not to exceed three months or whenever an event occurs that materially affects the scheduling in the criminal proceeding. We have been informed by Thomas Ballantine, Department of Justice, on May 25, 2006, as follows:
On May 12, 2006, counsel for Mr. Geisen, on behalf of all defendants in U.S. v.
David Geisen, et al., and Mr. Ballantine, on behalf of the Government, filed a letter (attached) proposing that the Court set aside the May 24 motions deadline and, instead, conduct a telephone conference on that date to discuss the setting of a status conference by the Court.
On May 19, 2006, the Court issued an Order (attached) extending the motion filing deadline (no date specified) and scheduling a telephone status conference for May 24, 2006 to discuss the setting of a status conference by the Court.
On May 24, 2006, following the telephone status conference, the Court issued an Order (attached) granting the joint request of counsel to extend the deadline for production of discovery to June 2, 2006. The Order provided that production of 404(b) materials and the governments expert report would be exempt from the June 2 discovery deadline. The order scheduled the next telephone status conference for July 11, 2006, at which time counsel will discuss appropriate deadlines for filing of motions. In the interim, counsel will review discovery
materials to determine what, if any, motions will be filed, and government counsel will file a motion requesting that the case be declared a complex case due to the voluminous nature of discovery and other case significant factors. The time between June 2 and July 11, 2006 will be excluded from Speedy Trial Act.
A trial date has not been set. Government counsels estimates of (a) when a firm trial date will be set, (b) when government counsel believes that this case will be scheduled for trial, and (c) the estimated duration of the trial, have not changed since the Staffs last status report (April 20, 2006). The Government is not aware of any other information that may shed light on the likely schedule for the criminal proceeding.
Respectfully submitted,
/RA by Mary C. Baty/
Sara E. Brock Mary C. Baty Counsel for NRC Staff Dated at Rockville, Maryland this 26th day of May, 2006
Case 3:06-cr-00712-DAK Document 28 Filed 05/12/2006 Page 1 of 1 Case 3:06-cr-00712-DAK Document 29 Filed 05/19/2006 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION United States of America : Case No. 3:06CR712
- v. :
David Geisen,et al., : ORDER At the written request of Attorney Richard A. Hibey on behalf of all defendants in the captioned case, it has been requested that the motion filing deadline of May 24, 2006, be extended due to voluminous and ongoing discovery. Instead a telephone status conference is scheduled for Wednesday, May 24, 2006, at 2:00 p.m. to discuss the setting of a status conference by the Court. The government will initiate this call.
So ordered.
/s/ Vernelis K. Armstrong Vernelis K. Armstrong United States Magistrate Judge
Case 3:06-cr-00712-DAK Document 30 Filed 05/24/2006 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO WESTERN DIVISION United States of America : Case No. 3:06CR712
- v. :
David Geisen, et al., : ORDER During a telephone status conference on May 24, 2006, the joint request of counsel to extend the deadline to June 2, 2006, for the production of discovery was granted. The production of 404(b) materials and the governments expert report will be exempted from the June 2, 2006, discovery deadline. Disclosure of those materials will be addressed at the next telephone status conference on July 11, 2006, at 10:30 a.m. In the interim counsel will review discovery materials and determine what, if any, motions will be filed. Delay is deemed excludable from June 2 to July 11, 2006, in the interests of justice.
Government counsel will file a motion requesting this case be declared complex due to the voluminous nature of discovery and other case significant factors.
So ordered.
/s/ Vernelis K. Armstrong Vernelis K. Armstrong United States Magistrate Judge
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
ANDREW SIEMASZKO ) IA-05-021
)
) ASLBP No. 05-839-02-EA CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFF STATUS REPORT in the above captioned proceeding have been served on the following persons by deposit in the United States mail; through deposit in the Nuclear Regulatory Commission internal mail system as indicated by an asterisk (*); and by electronic mail as indicated by a double asterisk (**) on this 26th day of May, 2006.
Administrative Judge * ** E. Roy Hawkens Lawrence McDade, Chair 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 E-mail: erh@nrc.gov E-mail: lgm1@nrc.gov Billie Pirner Garde * **
Administrative Judge * ** John M. Clifford Peter S. Lam Sandy Shepherd Atomic Safety and Licensing Board Panel Clifford & Garde Mail Stop: T-3 F23 1707 L Street, NW, Suite 500 U.S. Nuclear Regulatory Commission Washington, D.C. 20036 Washington, DC 20555-0001 E-mail: bpgarde@aol.com E-mail: psl@nrc.gov jclifford@cliffordgarde.com sshepherd@cliffordgarde.com Atomic Safety and Licensing Board Panel
- U.S. Nuclear Regulatory Commission Office of Commission Appellate Adjudication
- Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mail Stop: O-16 C1 Washington, D.C. 20555 Adjudicatory File
- Atomic Safety and Licensing Board Office of the Secretary * **
U.S. Nuclear Regulatory Commission Attn: Rulemaking and Adjudications Staff Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Mail Stop: O-16 C1 Washington, D.C. 20555 E-mail: hearingdocket@nrc.gov Administrative Judge * ** David Lochbaum * **
Nuclear Safety Engineer Sandy Buchanan * **
Union of Concerned Scientists Executive Director 1707 H Street NW, Suite 600 Ohio Citizen Action Washington, D.C. 20006 614 W. Superior Avenue, Suite 1200 E-mail: dlochbaum@ucsusa.org Cleveland, OH 44113 E-mail: sbuchanan@ohiocitizen.org Jonathan Rund * **
Board Law Clerk Marcia Carpentier * **
Atomic Safety and Licensing Board Panel Board Law Clerk Mail Stop: T-3 F23 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Washington, DC 20555-0001 U.S. Nuclear Regulatory Commission E-mail: jmr3@nrc.gov Washington, DC 20555-0001 E-mail: mxc7@nrc.gov
/RA/
Mary C. Baty Counsel for NRC Staff