ML062140116
| ML062140116 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 07/31/2006 |
| From: | Baty M NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Giitter R | |
| References | |
| ASLBP 06-847-03-EA, IA-05-054, RAS 12055 | |
| Download: ML062140116 (5) | |
Text
July 31, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
STEVEN P. MOFFITT ) ASLBP No. 06-847-03-EA
)
) Docket No. IA-05-054
)
NRC STAFFS APPLICATION FOR THE ISSUANCE OF A SUBPOENA INTRODUCTION Pursuant to 10 C.F.R. § 2.702(a) of the Commissions regulations, the Staff of the Nuclear Regulatory Commission (Staff) requests that the Atomic Safety and Licensing Board (Board), designated in the above-captioned proceeding, issue a subpoena, attached hereto, requiring a certain individual, named below, to attend and give testimony at a deposition.
DISCUSSION The Staff requests the Board to issue a subpoena for Robert Rishel in order to ensure the Staffs ability to depose this individual on the date specified. Mr. Rishel is a former First Energy Nuclear Operating Company employee who worked in the Plant Engineering at Davis-Besse. Mr. Rishels testimony is relevant to the issues raised by this enforcement action.
Mr. Rishel was identified as a person with relevant information by Mr. Moffitt in responses to written discovery questions.
CONCLUSION For the above stated reasons, the Staff requests the Board to issue the attached subpoena to Mr. Rishel.
Respectfully submitted,
/RA by Mary C. Baty/
Sara E. Brock Mary C. Baty Michael A. Spencer Counsel for the NRC Staff Dated at Rockville, Maryland this 31st day of July, 2006
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matters of:
STEVEN P. MOFFITT Docket No. IA-05-054 ASLBP No. 06-847-03-EA Robert Rishel TO:
c/o Donald P. Ferraro Timothy P. Matthews Morgan Lewis and Bockius, LLP 1111 Pennsylvania Ave, NW Washington, D.C. 20555 YOU ARE HEREBY COMMANDED to appear to testify at a deposition in the above captioned proceeding to be conducted at the United States Nuclear Regulatory Commission Headquarters, One White Flint Building, location O-14 B8 11555 Rockville Pike, Rockville, Maryland 20852 on the 18th day of August , 20 06 at 10:00 AM .
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD BY:
Michael Farrar , Chairman ASLB Date ATTORNEY FOR THE NRC STAFF:
Sara E. Brock, Mary C. Baty, Michael A. Spencer TELEPHONE:
301-415-8393/301-415-1324/301-415-4073 10 C.F.R. 2.702(f)
On motion made promptly, and in any event at or before the time specified in or, if he is unavailable, the Commission may:
the subpoena for compliance by the person (1) Quash or modify the subpoena if it is to whom the subpoena is directed, and on unreasonable or requires evidence not notice to the party at whose instance the relevant to any matter in issue, or (2) subpoena is issued, the presiding officer, Condition denial of the motion on just and reasonable terms.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
STEVEN P. MOFFITT ) ASLBP No. 06-847-03-EA
) Docket No. IA-05-054
)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFFS APPLICATION FOR THE ISSUANCE OF A SUBPOENA 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 31st day of July, 2006.
Michael C. Farrar * ** Office of Commission Appellate Adjudication
- Administrative Judge, Chair U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: O-16 C1 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mail Stop: T-3 F23 Washington, D.C. 20555-0001 Office of the Secretary * **
E-Mail: mcf@nrc.gov Attn: Rulemaking and Adjudications Staff U.S. Nuclear Regulatory Commission E. Roy Hawkens * ** Mail Stop: O-16 C1 Administrative Judge Washington, D.C. 20555 Atomic Safety and Licensing Board Panel E-mail: hearingdocket@nrc.gov U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Jane G. Penny * **
Washington, D.C. 20555-0001 Thomas W. Scott * **
E-Mail: erh@nrc.gov Killian & Gephart, LLP 218 Pine Street Adjudicatory File
- P.O. Box 886 Atomic Safety and Licensing Board Harrisburg, PA 17108-0886 U.S. Nuclear Regulatory Commission E-mail: jpenny@killiangephart.com Mail Stop: T-3 F23 tscott@killiangephart.com Washington, D.C. 20555 Donald P. Ferraro * **
Nicholas G. Trikouros * ** Timothy P. Matthews * **
Administrative Judge Morgan, Lewis & Bockius, LLP Atomic Safety and Licensing Board Panel 1111 Pennsylvania Ave, N.W.
U.S. Nuclear Regulatory Commission Washington, D.C. 20004 Mail Stop: T-3 F23 dferraro@morganlewis.com Washington, D.C. 20555-0001 tmatthews@morganlewis.com E-Mail: ngt@nrc.gov
Jonathan Rund * **
Board Law Clerk Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T 3-F23 Washington, D.C. 20555 E-mail: jmr3@nrc.gov
/RA/
Mary C. Baty Counsel for the NRC Staff