ML062410308
| ML062410308 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 08/09/2006 |
| From: | Baty M, Brock S, 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 12100, RAS 12101 | |
| Download: ML062410308 (5) | |
Text
August 9, 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 David Geisen in order to ensure the Staffs ability to depose this individual on the date specified. Mr. Geisen is a former manager of Design Engineering at Davis-Besse, and his testimony is relevant to the issues raised by these enforcement actions. Mr. Geisen (1) was directly supervised by Mr. Moffitt; (2) took part with Mr. Moffitt in presentations to the NRC on October 3 and October 11, 2001, for which presentations Mr. Moffitt is the subject of an enforcement action claiming he deliberately submitted information material to the NRC that was known to be incomplete and inaccurate; (3) 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. Geisen has been identified as a person with information relevant to both proceedings.
concurred on Serial 2731, submitted September 4, 2001, for which submission Mr. Miller is the subject of an enforcement action claiming he deliberately submitted information material to the NRC that was known to be incomplete and inaccurate; and (4) concurred on Serial 2735, submitted October 17, 2001, for which submission Mr. Moffitt is the subject of an enforcement action claiming he deliberately submitted information material to the NRC that was known to be incomplete and inaccurate. Furthermore, Mr. Geisen was also identified as a person with relevant information on disputed issues by both Mr. Moffitt and Mr. Miller in their initial disclosures.
CONCLUSION For the above stated reasons, the Staff requests the Board to issue the attached subpoena to Mr. Geisen.
Respectfully submitted,
/RA by Michael A. Spencer/
Michael A. Spencer Sara E. Brock Mary C. Baty 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:
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: David Geisen c/o Charles F.B. McAleer Miller & Chevalier 655 Fifteenth Street, N.W.
Suite 900 Washington, D.C. 20005-5701 YOU ARE HEREBY COMMANDED to appear to testify at a deposition in the above-captioned proceeding to be conducted at the U.S. Nuclear Regulatory Commision Headquarters, One White Flint North Building, Room O16-B2 11555 Rockville Pike, Rockville, MD 20852 on the 11th day of September , 20 06 at 9:30 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
& )
) Docket No. IA-05-054 STEVEN P. MOFFITT ) 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 * ** Office of Commission Appellate Adjudication
- 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 ** 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 Richard A. Hilbey, Esq. **
Charles F. B. McAleer Andrew T. Wise Mathew T. Reinhard Miller & Chevalier 655 Fifteenth Street, N.W., Suite 900 Washington, D.C. 20005-5701 E-Mail: rhibey@milchev.com cmcaleer@milchev.com awise@milchev.com mreinhard@milchev.com
/RA by Michael A. Spencer/
Sara E. Brock Mary C. Baty Michael A. Spencer Counsel for the NRC Staff