ML062500109
| ML062500109 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 09/01/2006 |
| From: | Brock S NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Giitter R | |
| References | |
| ASLBP 06-847-03-EA, IA-05-054, RAS 12192 | |
| Download: ML062500109 (5) | |
Text
September 1, 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 Robert Saunders in order to ensure the Staffs ability to depose this individual on the date specified. Mr. Saunders was President of FirstEnergy, and his testimony is relevant to the issues raised by these enforcement actions. Furthermore, Mr. Saunders was identified as a person with relevant information on disputed issues by Mr. Moffitt in his initial disclosures.
CONCLUSION For the above stated reasons, the Staff requests the Board to issue the attached subpoena to Mr. Saunders.
Respectfully submitted,
/RA by Sara E. Brock/
Sara E. Brock Mary C. Baty Michael A. Spencer Counsel for the NRC Staff Dated at Rockville, Maryland this 1st day of September, 2006
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of:
Steven P. Moffitt Docket No. IA-05-054 ASLBP No. 06-847-03-EA TO: Robert Saunders c/o David G. Dickman Venable LLP 575 7th Street, NW Washington, D.C.
20004 YOU ARE HEREBY COMMANDED to appear to testify at a deposition in the above captioned proceeding to be conducted at Venable LLP, 575 7th Street, NW Washington, D.C. 20004 on the 12th day of September , 20 06 at 11:00 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 ) 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 __th day of 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 the Secretary * **
Chief Administrative Judge Attn: Rulemaking and Adjudications Staff 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: hearingdocket@nrc.gov E-Mail: erh@nrc.gov Jane G. Penny * **
Adjudicatory File
- Thomas W. Scott * **
Atomic Safety and Licensing Board Killian & Gephart, LLP U.S. Nuclear Regulatory Commission 218 Pine Street Mail Stop: T-3 F23 P.O. Box 886 Washington, D.C. 20555 Harrisburg, PA 17108-0886 E-mail: jpenny@killiangephart.com Office of Commission Appellate Adjudication
- tscott@killiangephart.com U.S. Nuclear Regulatory Commission Mail Stop: O-16 C1 Washington, D.C. 20555
Dave Dickman **
Libby Perch* ** Venable LLP Board Staff 575 7th St NW Atomic Safety and Licensing Board Panel Washington, DC 20004-1001 Mail Stop: T-3 F23 E-mail: dgdickman@venable.com U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 E-mail: emp1@nrc.gov
/RA by Sara E. Brock/
Sara E. Brock Mary C. Baty Michael A. Spencer Counsel for NRC Staff