ML062790152

David Geisen - Affidavit of James G. Luehman

ML062790152
Person / Time
Issue date:	10/02/2006
From:	Luehman J NRC/OE
To:	Atomic Safety and Licensing Board Panel
References
Download: ML062790152 (2)

Text

In the Matter of DAVID GEISEN October 2, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD Docket No. IA-05-052 ASLBP No. 06-845-01 -EA AFFIDAVIT OF JAMES G. LUEHMAN I, James G. Luehman, being first duly sworn, do hereby state as follows:

1. I am employed as Office of Enforcement, Deputy Director. My supervisory responsibilities include the oversight of the NRC Staff's enforcement actions, including those taken against individuals charged with wrongdoing with regard to information submitted to the NRC on behalf of FirstEnergy Nuclear Operating Company (FENOC) regarding the Davis-Besse Nuclear Power Plant.

2. I have personally reviewed the Enforcement Panel Worksheets, Draft Enforcement Orders, the comments provided by a Staff member on a Draft Order relating to David Geisen, and comments provided by Staff members on Draft Orders relating to other employees of Davis-Besse Nuclear Power Station, as referenced in the Staff's response to Mr. Geisen's first set of Interrogatories. Based on my review, I have determined that these documents contain pre-decisional information concerning the enforcement action taken against Mr. Geisen. These documents were prepared in the course of the process of determining the enforcement action to be taken by Mr. Geisen. As such, the documents contain preliminary Staff opinions and recommendation that do not necessarily reflect the final agency position with respect to the matters discussed.

3. From my review, I have determined that disclosure of these documents could result in harm to the agency in that it would disclose preliminary views of individual members of the Staff and/or the Staff prior to reaching a final agency decision. This disclosure would have a chilling effect on future Staff deliberations by discouraging the free exchange of opinions and analyses prior to reaching a final agency determination.

4. I hereby certify that the foregoing is true and correct to the best of my knowledge, information and belief.

Sub.s~ed and sweZ Jo before me this:Y_ day of O kiVL., 20 0(,J

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