ML062150082

2006/08/02 - Dale L. Miller/Steven P. Moffitt - NRC Staff'S Application for the Issuance of a Subpoena (for David Lockwood)

ML062150082
Person / Time
Site:	Davis Besse
Issue date:	08/02/2006
From:	Baty M 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 12066
Download: ML062150082 (5)

Text

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. Cook has been identified as a witness in both proceedings.

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

)DALE L. MILLER)Docket No. IA-05-053)ASLBP No. 06-846-02-EA

&) ))Docket No. IA-05-054STEVEN P. MOFFITT)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 proceedings 1 , 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 Lockwood in order to ensure the Staff's ability to depose this individual on the date specified. Mr. Lockwood was the

Regulatory Affairs manager at Davis-Besse from 2000 to 2002 and is still employed by

FirstEnergy Nuclear Operating Company. Mr. Lo ckwood's testimony is relevant to the issues raised by this enforcement action. Mr. Lockwood was Mr. Miller's direct supervisor and had

overall responsibility for the completeness and accuracy of Davis-Besse's Fall 2001 submissions to the NRC. Mr. Cook was identified as a person with relevant information by both Mr. Moffitt and Mr. Miller both in their initial disclosures and in responses to written discovery

questions.

CONCLUSION For the above stated reasons, the Staff requests the Board to issue the attached subpoena to Mr. Lockwood.

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 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 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 William D. Beyer * **

Wuliger, Fadel, & Beyer

The Brownell Building

1340 Sumner Court

Cleveland, OH 44115

E-mail: wbeyer@wfblaw.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