ML062150094: Difference between revisions

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| number = ML062150094
| number = ML062150094
| issue date = 08/02/2006
| issue date = 08/02/2006
| title = 2006/08/02 - Steven P. Moffitt - NRC Staff'S Application for the Issuance of a Subpoena [for Gerald M. Wolf]
| title = 2006/08/02 - Steven P. Moffitt - NRC Staff'S Application for the Issuance of a Subpoena (for Gerald M. Wolf)
| author name = Baty M C
| author name = Baty M
| author affiliation = NRC/OGC
| author affiliation = NRC/OGC
| addressee name =  
| addressee name =  
Line 9: Line 9:
| docket = 05000346
| docket = 05000346
| license number = NPF-003
| license number = NPF-003
| contact person = Giitter R L
| contact person = Giitter R
| case reference number = ASLBP 06-847-03-EA, IA-05-054, RAS 12071
| case reference number = ASLBP 06-847-03-EA, IA-05-054, RAS 12071
| document type = Legal-Notice of Deposition
| document type = Legal-Notice of Deposition

Revision as of 14:00, 13 July 2019

2006/08/02 - Steven P. Moffitt - NRC Staff'S Application for the Issuance of a Subpoena (for Gerald M. Wolf)
ML062150094
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 08/02/2006
From: Baty M
NRC/OGC
To:
Atomic Safety and Licensing Board Panel
Giitter R
References
ASLBP 06-847-03-EA, IA-05-054, RAS 12071
Download: ML062150094 (5)


Text

August 2, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of)

)STEVEN P. MOFFITT)Docket No. IA-05-054

)

)ASLBP No. 06-847-03-EA

)NRC STAFF'S APPLICATION FOR THE ISSUANCE OF A SUBPOENA 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 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 Gerald M. Wolf in order to ensure the Staff's ability to depose this individual on the date specified. Mr. Wolf is an engineer in the

Regulatory Affairs unit at Davis-Besse. Mr. Wolf's testimony is relevant to the issues raised by

this enforcement action. Mr. Wolf 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. Wolf.

Respectfully submitted,/RA by Mary C. Baty/

Sara E. Brock Mary C. Baty

Michael A. Spencer

Counsel for the NRC Staff Dated at Rockville, Maryland this 2 nd day of August, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matters of:

TO: 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)

)STEVEN P. MOFFITT)Docket No. IA-05-054

)

)ASLBP No. 06-847-03-EA

)CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S 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 asteri sk (*); and by electronic mail as indicated by a double asterisk (**) on this 2 nd day of August, 2006.

Michael C. Farrar * **

Administrative Judge, Chair

Atomic Safety and Licensing Board Panel

U.S. Nuclear Regulatory Commission

Mail Stop: T-3 F23

Washington, D.C. 20555-0001

E-Mail: mcf@nrc.gov E. Roy Hawkens * **

Administrative Judge

Atomic Safety and Licensing Board Panel

U.S. Nuclear Regulatory Commission

Mail Stop: T-3 F23

Washington, D.C. 20555-0001

E-Mail: erh@nrc.gov Adjudicatory File

  • Atomic Safety and Licensing Board

U.S. Nuclear Regulatory Commission

Mail Stop: T-3 F23

Washington, D.C. 20555 Nicholas G. Trikouros * **

Administrative Judge

Atomic Safety and Licensing Board Panel

U.S. Nuclear Regulatory Commission

Mail Stop: T-3 F23

Washington, D.C. 20555-0001

E-Mail: ngt@nrc.gov Office of Commission Appellate Adjudication

  • U.S. Nuclear Regulatory Commission

Mail Stop: O-16 C1

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 Jane G. Penny * ** Thomas W. Scott * **

Killian & Gephart, LLP

218 Pine Street

P.O. Box 886

Harrisburg, PA 17108-0886

E-mail: jpenny@killiangephart.com tscott@killiangephart.com James R. Wooley * **

Stephen J. Schlegelmilch * **

Baker & Hostetler LLP

3200 National City Center

1900 East 9th Street

Cleveland, OH 44114-3485 E-mail: jwooley@bakerlaw.com sschlegelmilch@bakerlaw.com Jonathan Rund * **

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: jmr3@nrc.gov

/RA/

Mary C. Baty Counsel for the NRC Staff