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{{Adams | |||
| number = ML070230215 | |||
| issue date = 01/22/2007 | |||
| title = 2007/01/22 - David Geisen - NRC Staff'S Application for the Issuance of a Subpoena to David Lockwood | |||
| author name = Baty M | |||
| author affiliation = NRC/OGC | |||
| addressee name = | |||
| addressee affiliation = NRC/ASLBP | |||
| docket = 05000346 | |||
| license number = | |||
| contact person = Giitter R | |||
| case reference number = ASLBP 06-845-01-EA, BL-01-001, IA-05-052, RAS 12914 | |||
| document type = Legal-Notice of Deposition | |||
| page count = 5 | |||
}} | |||
=Text= | |||
{{#Wiki_filter:January 22, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of ) | |||
)DAVID GEISEN )Docket No. IA-05-052 | |||
) | |||
)ASLBP No. 06-845-01-EA NRC STAFF'S APPLICATION FOR THE ISSUANCE OF A SUBPOENA TO DAVID LOCKWOOD INTRODUCTION Pursuant to 10 C.F.R. § 2.702(a) of the Commission's regulations, the Staff of the Nuclear Regulatory Commission (Staff) requests that the Atomic Safety and | |||
Licensing Board (Board), designated in the above-captioned proceedings, issue a | |||
subpoena, attached hereto, requiring David Lockwood, to attend and give testimony at a | |||
deposition. | |||
DISCUSSION The Staff requests the Board to issue a subpoena for David Lockwood in order to ensure the Staff's ability to depose this individual on the date specified. Mr. Lockwood's | |||
testimony is relevant to the issues raised by this proceeding. In 2001, Mr. Lockwood | |||
was the Regulatory Affairs Manager at Davis-Besse. In that position he was involved in | |||
Davis-Besse's response to NRC Bulletin 2001-01 and interacted with Mr. Geisen. CONCLUSION In light of the foregoing, the Staff requests the Board to issue the attached subpoena to Mr. Lockwood. | |||
Respectfully submitted, | |||
/RA by Mary C. Baty/ | |||
Mary C. Baty Counsel for the NRC Staff Dated at Rockville, MD this 22 nd day January, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of: | |||
David Geisen TO: Docket No. IA-05-052 ASLBP No. 06-845-01-EA YOU ARE HEREBY COMMANDED to appear to testify at to be conducted on the day of , 20 at . | |||
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD BY: , Chairman ASLB Date ATTORNEY FOR THE NRC STAFF: | |||
TELEPHONE: 10 C.F.R. 2.702(f) | |||
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the | |||
subpoena is issued, the presiding officer, or, if he is unavailable, the Commission may: | |||
(1) Quash or modify the subpoena if it is | |||
unreasonable or requires evidence not | |||
relevant to any matter in issue, or (2) | |||
Condition denial of the motion on just and | |||
reasonable terms. | |||
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of ) | |||
)DAVID GEISEN)Docket No. IA-05-052 | |||
) | |||
)ASLBP No. 06-845-01-EA CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S APPLICATION FOR ISSUANCE OF A SUBPOENA TO DAVID LOCKWOOD" 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 22 nd day of January, 2007.Michael C. Farrar * ** | |||
Administrative Judge | |||
Atomic Safety and Licensing Board | |||
U.S. Nuclear Regulatory Commission | |||
Mail Stop: T-3 F23 | |||
Washington, D.C. 20555 | |||
E-mail: mcf@nrc.gov Nicholas G. Trikouros * ** | |||
Administrative Judge | |||
Atomic Safety and Licensing Board | |||
U.S. Nuclear Regulatory Commission | |||
Mail Stop: T-3 F23 | |||
Washington, D.C. 20555 | |||
E-mail: ngt@nrc.gov Adjudicatory File | |||
*Atomic Safety and Licensing Board | |||
U.S. Nuclear Regulatory Commission | |||
Mail Stop: T-3 F23 | |||
Washington, D.C. 20555 Office of the Secretary | |||
* **Attn: Rulemaking and Adjudications Staff | |||
U.S. Nuclear Regulatory Commission | |||
Mail Stop: O-16 C1 | |||
Washington, D.C. 20555 | |||
E-Mail: hearingdocket@nrc.gov E. Roy Hawkens * ** | |||
Chief Administrative Judge | |||
Atomic Safety and Licensing Board | |||
U.S. Nuclear Regulatory Commission | |||
Mail Stop: T-3 F23 | |||
Washington, D.C. 20555 | |||
E-mail: erh@nrc.gov Office of Commission Appellate Adjudication | |||
*U.S. Nuclear Regulatory Commission | |||
Mail Stop: O-16 C1 | |||
Washington, D.C. 20555 Richard A. Hibey, Esq. | |||
**Charles F.B. McAleer, Jr., Esq. | |||
Andrew T. Wise, Esq. | |||
Mathew T. Reinhard, Esq. | |||
Miller & Chevalier | |||
655 Fifteenth Street, N.W., Suite 900 | |||
Washington, D.C. 20005-5701 | |||
E-Mail: rhibey@milchev.com awise@milchev.com mreinhard@milchev.com Margaret Parish * ** | |||
Board Law Clerk | |||
Atomic Safety and Licensing Board Panel | |||
U.S. Nuclear Regulatory Commission | |||
Mail Stop: T-3 F23 | |||
Washington, D.C. 20555 | |||
E-Mail: map4@nrc.gov Jane G. Penny * ** | |||
Killian & Gephart, LLP | |||
218 Pine Street | |||
P.O. Box 886 | |||
Harrisburg, PA 17108-0886 | |||
E-mail: jpenny@killiangephart.com Libby Perch * ** | |||
Board Staff | |||
Atomic Safety and Licensing Board Panel | |||
Mail Stop: T-3 F23 | |||
U.S. Nuclear Regulatory Commission | |||
Washington, DC 20555-0001 | |||
E-mail: emp1@nrc.gov | |||
/RA by Mary C. Baty/ | |||
___________________________ | |||
Mary C. Baty | |||
Counsel for the NRC Staff}} | |||
Revision as of 06:25, 13 July 2019
| ML070230215 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse |
| Issue date: | 01/22/2007 |
| From: | Baty M NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Giitter R | |
| References | |
| ASLBP 06-845-01-EA, BL-01-001, IA-05-052, RAS 12914 | |
| Download: ML070230215 (5) | |
Text
January 22, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of )
)DAVID GEISEN )Docket No. IA-05-052
)
)ASLBP No. 06-845-01-EA NRC STAFF'S APPLICATION FOR THE ISSUANCE OF A SUBPOENA TO DAVID LOCKWOOD INTRODUCTION Pursuant to 10 C.F.R. § 2.702(a) of the Commission's regulations, the Staff of the Nuclear Regulatory Commission (Staff) requests that the Atomic Safety and
Licensing Board (Board), designated in the above-captioned proceedings, issue a
subpoena, attached hereto, requiring David Lockwood, to attend and give testimony at a
deposition.
DISCUSSION The Staff requests the Board to issue a subpoena for David Lockwood in order to ensure the Staff's ability to depose this individual on the date specified. Mr. Lockwood's
testimony is relevant to the issues raised by this proceeding. In 2001, Mr. Lockwood
was the Regulatory Affairs Manager at Davis-Besse. In that position he was involved in
Davis-Besse's response to NRC Bulletin 2001-01 and interacted with Mr. Geisen. CONCLUSION In light of the foregoing, the Staff requests the Board to issue the attached subpoena to Mr. Lockwood.
Respectfully submitted,
/RA by Mary C. Baty/
Mary C. Baty Counsel for the NRC Staff Dated at Rockville, MD this 22 nd day January, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of:
David Geisen TO: Docket No. IA-05-052 ASLBP No. 06-845-01-EA YOU ARE HEREBY COMMANDED to appear to testify at to be conducted on the day of , 20 at .
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD BY: , Chairman ASLB Date ATTORNEY FOR THE NRC STAFF:
TELEPHONE: 10 C.F.R. 2.702(f)
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the
subpoena is issued, the presiding officer, or, if he is unavailable, the Commission may:
(1) Quash or modify the subpoena if it is
unreasonable or requires evidence not
relevant to any matter in issue, or (2)
Condition denial of the motion on just and
reasonable terms.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of )
)DAVID GEISEN)Docket No. IA-05-052
)
)ASLBP No. 06-845-01-EA CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S APPLICATION FOR ISSUANCE OF A SUBPOENA TO DAVID LOCKWOOD" 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 22 nd day of January, 2007.Michael C. Farrar * **
Administrative Judge
Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, D.C. 20555
E-mail: mcf@nrc.gov Nicholas G. Trikouros * **
Administrative Judge
Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, D.C. 20555
E-mail: ngt@nrc.gov Adjudicatory File
- Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, D.C. 20555 Office of the Secretary
- **Attn: Rulemaking and Adjudications Staff
U.S. Nuclear Regulatory Commission
Mail Stop: O-16 C1
Washington, D.C. 20555
E-Mail: hearingdocket@nrc.gov E. Roy Hawkens * **
Chief Administrative Judge
Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, D.C. 20555
E-mail: erh@nrc.gov Office of Commission Appellate Adjudication
- U.S. Nuclear Regulatory Commission
Mail Stop: O-16 C1
Washington, D.C. 20555 Richard A. Hibey, Esq.
- Charles F.B. McAleer, Jr., Esq.
Andrew T. Wise, Esq.
Mathew T. Reinhard, Esq.
Miller & Chevalier
655 Fifteenth Street, N.W., Suite 900
Washington, D.C. 20005-5701
E-Mail: rhibey@milchev.com awise@milchev.com mreinhard@milchev.com Margaret Parish * **
Board Law Clerk
Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, D.C. 20555
E-Mail: map4@nrc.gov Jane G. Penny * **
Killian & Gephart, LLP
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
E-mail: jpenny@killiangephart.com Libby Perch * **
Board Staff
Atomic Safety and Licensing Board Panel
Mail Stop: T-3 F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
E-mail: emp1@nrc.gov
/RA by Mary C. Baty/
___________________________
Mary C. Baty
Counsel for the NRC Staff