ML062150077
| ML062150077 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 08/02/2006 |
| From: | Baty M NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Giitter R | |
| References | |
| ASLBP 06-846-02-EA, ASLBP 06-847-03-EA, IA-05-053, IA-05-054, RAS 12065 | |
| Download: ML062150077 (5) | |
Text
August 2, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matters of )
)
DALE L. MILLER ) Docket No. IA-05-053
) ASLBP No. 06-846-02-EA
& )
)
STEVEN P. MOFFITT ) Docket No. IA-05-054
) ASLBP No. 06-847-03-EA
)
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 proceedings1, 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 John Cunnings in order to ensure the Staffs ability to depose this individual on the date specified. Mr. Cunnings served as a Staff Nuclear Engineer and as a Nuclear Engineering Supervisor at Davis-Besse. Mr. Cunnings testimony is relevant to the issues raised by this enforcement action. At Davis-Besse, Mr. Cunnings was a subordinate of Mr. Moffitt and Mr. Andrew Siemaszkos direct supervisor.
Mr. Cunnings was identified as a person with relevant information by Mr. Moffitt in response to 1
The Staff recognizes that these proceedings have not been consolidated. However, for administrative convenience the Staff desires a subpoena covering both proceedings since Mr. Cook has been identified as a witness in both proceedings.
written discovery questions. Mr. Cunnings was also referenced by Mr. Miller in his responses to written discovery questions CONCLUSION For the above stated reasons, the Staff requests the Board to issue the attached subpoena to Mr. Cunnings.
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 2nd day of August, 2006
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matters of:
DALE L. MILLER Docket No. IA-05-053 and ASLBP No. 06-846-02-EA STEVEN P. MOFFITT Docket No. IA-05-054 ASLBP No. 06-847-03-EA John Cunnings TO: c/o James R. Wooley Stephen J. Schlegelmilch Baker & Hostetler 3200 National City Center 1900 East 9th Street Cleveland, OH 44114-3485 YOU ARE HEREBY COMMANDED to appear to testify at a deposition in the above captioned proceeding to be conducted at the Holiday Inn Express Hotel and Suites, 50 NE Catawba Road, Port Clinton, OH 43452 in the Catawba Board Room on the 24th day of August , 20 06 at 2:00 PM .
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 Matters of )
)
DALE L. MILLER ) Docket No. IA-05-053
) ASLBP No. 06-846-02-EA
& )
)
STEVEN P. MOFFITT ) Docket No. IA-05-054
) ASLBP No. 06-847-03-EA
)
CERTIFICATE OF SERVICE I hereby certify that copies of NRC STAFFS APPLICATION FOR THE ISSUANCE OF A SUBPOENA in the above captioned proceedings 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 2nd day of August, 2006.
Michael C. Farrar * ** Nicholas G. Trikouros * **
Administrative Judge, Chair Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Mail Stop: T-3 F23 Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 E-Mail: mcf@nrc.gov E-Mail: ngt@nrc.gov E. Roy Hawkens * **
Administrative Judge Office of Commission Appellate Adjudication
- Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: O-16 C1 Mail Stop: T-3 F23 Washington, D.C. 20555 Washington, D.C. 20555-0001 E-Mail: erh@nrc.gov Office of the Secretary * **
Attn: Rulemaking and Adjudications Staff Adjudicatory File
- U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Mail Stop: O-16 C1 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mail Stop: T-3 F23 E-mail: hearingdocket@nrc.gov Washington, D.C. 20555 Jane G. Penny * **
Thomas W. Scott * ** Jonathan Rund * **
Killian & Gephart, LLP Board Law Clerk 218 Pine Street Atomic Safety and Licensing Board Panel P.O. Box 886 U.S. Nuclear Regulatory Commission Harrisburg, PA 17108-0886 Mail Stop: T 3-F23 E-mail: jpenny@killiangephart.com Washington, D.C. 20555 tscott@killiangephart.com E-mail: jmr3@nrc.gov James R. Wooley * **
Stephen J. Schlegelmilch * **
Baker & Hostetler LLP 3200 National City Center 1900 East 9th Street Cleveland, OH 44114-3485 E-mail: jwooley@bakerlaw.com sschlegelmilch@bakerlaw.com
/RA/
Mary C. Baty Counsel for the NRC Staff