ML062270047
| ML062270047 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 08/14/2006 |
| From: | Mary Spencer 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 12117, RAS 12118 | |
| Download: ML062270047 (5) | |
Text
August 14, 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 proceedings,1 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 Prasoon Goyal in order to ensure the Staffs ability to depose this individual on the date specified. Mr. Goyal is a former senior design engineer at Davis-Besse, and his testimony is relevant to the issues raised by these enforcement actions. Goyal was supervised by Mr. Moffitt during times relevant to these enforcement actions and took part in the response to Bulletin 2001-01. Furthermore, Mr. Goyal was identified as a person with relevant information on disputed issues by both Mr. Moffitt and Mr. Miller in their initial disclosures.
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. Goyal has been identified as a person with information relevant to both proceedings.
CONCLUSION For the above stated reasons, the Staff requests the Board to issue the attached subpoena to Mr. Goyal.
Respectfully submitted,
/RA by Michael A. Spencer/
Sara E. Brock Mary C. Baty Michael A. Spencer Counsel for the NRC Staff Dated at Rockville, Maryland this 14th day of August, 2006
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matters of:
DALE L. MILLER Docket No. IA-05-053 ASLBP No. 06-846-02-EA and STEVEN P. MOFFITT Docket No. IA-05-054 ASLBP No. 06-847-03-EA TO: Prasoon Goyal
[Address withheld pursuant to 10 C.F.R. § 2.390]
YOU ARE HEREBY COMMANDED to appear to testify at a deposition in the above-captioned proceeding to be conducted at the Hampton Inn Cleveland Downtown, Ontario Room, 1460 East 9th Street, Cleveland, OH 44114 on the 7th day of September , 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 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 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 14th 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 * ** Office of Commission Appellate Adjudication
- Chief Administrative Judge 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: erh@nrc.gov Attn: Rulemaking and Adjudications Staff U.S. Nuclear Regulatory Commission Adjudicatory File
- Mail Stop: O-16 C1 Atomic Safety and Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission E-mail: hearingdocket@nrc.gov Mail Stop: T-3 F23 Washington, D.C. 20555 Jane G. Penny **
Thomas W. Scott **
Killian & Gephart, LLP 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 E-mail: jpenny@killiangephart.com tscott@killiangephart.com
James C. Howarth, Esquire ** Jonathan Rund * **
2000 Penobscot Bldg. Board Law Clerk 645 Griswold Street Atomic Safety and Licensing Board Panel Detroit, MI 48226 U.S. Nuclear Regulatory Commission E-mail: jchowarth2000@aol.com Mail Stop: T-3 F23 Washington, D.C. 20555 E-mail: jmr3@nrc.gov
/RA by Michael A. Spencer/
Michael A. Spencer Counsel for the NRC Staff