ML062280286

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Steven P. Moffitt - NRC Staff'S Application for the Issuance of a Subpoena (Ken Yoon)
ML062280286
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 08/09/2006
From: Mary Spencer
NRC/OGC
To:
Atomic Safety and Licensing Board Panel
Giitter R
References
ASLBP 06-847-03-EA, IA-05-054, RAS 12099
Download: ML062280286 (5)


Text

August 9, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )

)

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 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 Ken Yoon in order to ensure the Staffs ability to depose this individual on the date specified. Mr. Yoon was an employee at AREVA NP, Inc., a vendor that provided services at Davis-Besse, at times relevant to this proceeding, and his testimony is relevant to the issues raised by this enforcement action. Mr.

Yoon was identified as a person with relevant information by Mr. Moffitt in his answers to written discovery questions.

CONCLUSION For the above stated reasons, the Staff requests the Board to issue the attached subpoena to Mr. Yoon.

Respectfully submitted,

/RA by Michael Spencer/

Sara E. Brock Mary C. Baty Michael A. Spencer Counsel for the NRC Staff Dated at Rockville, Maryland this 9th day of August, 2006

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matters of:

STEVEN P. MOFFITT Docket No. IA-05-053 ASLBP No. 06-846-02-EA TO: Ken Yoon c/o Thomas Corkran AREVA NP, Inc.

3315 Old Forest Rd.

PO Box 10935 Lynchburg, VA 24506-0935 YOU ARE HEREBY COMMANDED to appear to testify at a deposition in the above captioned proceeding to be conducted AREVA NP, Inc., 3315 Old Forest Rd., Lynchburg, VA 24501 on the 31st day of August , 20 06 at 9:00 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: 301-415-8397/301-415-1324/301-415-4073 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 ) 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 9th 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 ** Jonathan Rund * **

Thomas W. Scott ** Board Law Clerk Killian & Gephart, LLP Atomic Safety and Licensing Board Panel 218 Pine Street U.S. Nuclear Regulatory Commission P.O. Box 886 Mail Stop: T 3-F23 Harrisburg, PA 17108-0886 Washington, D.C. 20555 E-mail: jpenny@killiangephart.com E-mail: jmr3@nrc.gov tscott@killiangephart.com Thomas Corkran **

AREVA NP Inc.,

3315 Old Forest Rd.

P.O. Box 10935 Lynchburg, VA 24506-0935 Email: Tom.Corkran@areva.com

/RA/

Michael A. Spencer Counsel for the NRC Staff