ML091480553

Response to the Board'S February 27, 2009 Notice and Order in the Matter of Andrew Siemaszko

ML091480553
Person / Time
Site:	Davis Besse
Issue date:	03/12/2009
From:	Garde B - No Known Affiliation, Clifford & Garde
To:	Hawkens E, Lawrence Mcdade, Nicholas Trikouros Atomic Safety and Licensing Board Panel
SECY RAS
References
ASLBP 05-839-02-EA, IA-05-021, RAS-A-9
Download: ML091480553 (9)

Text

PA-S - LAW OFFICE DOCKETED USNRC LLP CLIFFORD & GARDE, March 12, 2009 (2:40pm)

.ILIFFORD* 1707 L STREET, N.W PIRNER GARDE** SUITE 500 OFFICE OF SECRETARY

- A*OADMrmEDNT

"*ALSOADMNTTD IN MW) WASHINGTON, D.C. 20036 RULEMAKINGS AND AUDICATINS AFF "ALS ADMD INX~nADJUDICATIONS STAFF (202) 289-8990 FAX (202) 289-8992 www.cliffordgarde.com March 12, 2009 (By E-mail and Regular U.S. Mail)

Lawrence G. McDade, Chairman E. Roy Hawkens, Member Nicholas G. Trikouros, Member Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Re: In the Matter of Andrew Siemaszko, Docket No. IA-05-021; ASLBP No. 05-839-02-EA

Dear Chairman McDade and Board Panel Members:

This letter responds to the Board's February 27, 2009 Notice and Order in the above-referenced matter, that counsel for Mr. Siemaszko: "(1) provide the Board and Staff counsel with a copy of the indictment; (2) identify those charges underlying Mr. Siemaszko's conviction; and (3) advise whether the jury received instructions regarding the different theories for finding that Mr. Siemaszko acted knowingly and, if yes, whether the jury rendered a general or special verdict."

1) A copy of the Indictment in United States of America v. Andrew Siemaszko, et al.,

Case No. 3:06CR712 (USDC ND Ohio) is attached as Attachment 1.

2) Mr. Siemaszko was convicted on Counts 1, 2 and 5 of the Indictment.

3) The jury was not advised by the Court of different theories under which they could decide whether actions were done "knowingly" other than what the Judge instructed from the bench. The jury instructions are a part of the trial transcript, relevant portions of which are attached hereto as Attachment 2. The jury rendered a general verdict.

Although you did not request it, I have also included a copy of the Judgment as hereto. I believe the transcript of the February 6, 2009 sentencing hearing will also be helpful for your review and preparations in this matter, and have attached a copy as . (Please note that the sentencing hearing transcript has not yet been released by the federal court for pubic review.)

Please contact me if you have any questions or if you need additional information.

Sincerely, Billie Pirner Garde Counsel for Andrew Siemaszko Attachments a/s cc: Service List attached 2

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION 1I the Matter of Docket No. IA-05-021 ANDREW SIEMASZKO ASLBP No. 05-839-02-EA March 12, 2009 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Letter to the Atomic Safety and Licensing Board Panel were served this 12 th day of March, 2009, by the means indicated (electronic mail -

• hand-delivery - **; regular U.S. Mail ***; facsimile ****), on the following

Administrative Judge * ** Administrative Judge * **

Lawrence G. McDade, Chairman E. Roy Hawkens Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: Lawrence.McDade(nrc.gov E-mail: Roy.Hawkens(Thnrc.gov (With attachments by hand-delivery) (With attachments by hand-delivery)

Administrative Judge * ** Office of the Secretary ******

Nicholas G. Trikouros ATTN: Rulemaking & Adjudications Staff Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555-0001 E-mail: Hearing.Docket(Rnrc. gov E-mail: Nicholas. Trikouros(nrc. gov Fax: (301-415-1101)

(With attachments by hand-delivery)

Lisa Clark, Esq. * ** Lauren Bregman*

E-mail: Lisa.Clark(nrc.gov Board Law Clerk Office of the General Counsel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555-0001 (With attachments by hand-delivery) E-mail: Lauren.Bregmanonrc. gov

Johanna Thibault*

Board Law Clerk Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Johanna.Thibault(nrc. gov Karen Volloch*

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Karen.Vollochgnrc. gov Office of Commission Appellate Adjudication***

U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

/s/

Billie P. Garde Counsel for Andrew Siemaszko

Hearing Docket From: Sandy Shepherd [sshepherd@cliffordgarde.com]

Sent: Thursday, March 12, 2009 2:33 PM To: Lawrence McDade; Roy Hawkens; Nicholas Trikouros; Lisa Clark; Hearing Docket; Lauren Bregman; Johanna Thibault Cc: Bpgarde@aol.com; John Clifford

Subject:

Andrew Siemaszko Letter to ASLBP Attachments: Letter to ASLBP 3-12-09.wpd; CertServ 3-12-09.wpd Re: Docket No. IA-05-021; ASLBP No. 05-839-02-EA Attached is a letter from Andrew Siemaszko to the Atomic Safety and Licensing Board Panel; attachments to the letter are being hand-delivered to the Board and to the Staff today. If you have any questions or problems receiving these documents please let me know.

Sincerely, Sandra L. Shepherd Clifford & Garde, LLP 1707 L Street, NW Suite 500 Washington, DC 20036 (202) 280-6117 - Direct Phone (202) 289-8990 - Main Phone (202) 289-8992 - Fax

%i1ii I

March 12, 2009 (By E-mail and Regular U.S. Mail)

Lawrence G. McDade, Chairman E. Roy Hawkens, Member Nicholas G. Trikouros, Member Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Re: In the Matter ofAndrew Siemaszko, Docket No. IA-05-02 1; ASLBP No. 05-839-02-EA

Dear Chairman McDade and Board Panel Members:

This letter responds to the Board's February 27, 2009 Notice and Order in the above-referenced matter, that counsel for Mr. Siemaszko: "(1) provide the Board and Staff counsel with a copy of the indictment; (2) identify those charges underlying Mr. Siemaszko's conviction; and (3) advise whether the jury received instructions regarding the different theories for finding that Mr. Siemaszko acted knowingly and, if yes, whether the jury rendered a general or special verdict."

1) A copy of the Indictment in United States ofAmerica v. Andrew Siemaszko, et al.,

Case No. 3:06CR712 (USDC ND Ohio) is attached as Attachment 1.

2) Mr. Siemaszko was convicted on Counts 1, 2 and 5 of the Indictment.

3) The jury was not advised by the Court of different theories under which they could decide whether actions were done "knowingly" other than what the Judge instructed from the bench. The jury instructions are a part of the trial transcript, relevant portions of which are attached hereto as Attachment 2. The jury rendered a general verdict.

Although you did not request it, I have also included a copy of the Judgment as hereto. I believe the transcript of the February 6, 2009 sentencing hearing will also be helpful for your review and preparations in this matter, and have attached a copy as . (Please note that the sentencing hearing transcript has not yet been released by the federal court for pubic review.)

Please contact me if you have any questions or if you need additional information.

Sincerely, Billie Pirner Garde Counsel for Andrew Siemaszko Attachments a/s cc: Service List attached 2

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of Docket No. IA-05-021 ANDREW SIEMASZKO ASLBP No. 05-839-02-EA March 12, 2009 CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Letter to the Atomic Safety and Licensing Board Panel were served this 1 2th day of March, 2009, by the means indicated (electronic mail -

• hand-delivery - **; regular U.S. Mail ***; facsimile ****), on the following

Administrative Judge * ** Administrative Judge * **

Lawrence G. McDade, Chairman E. Roy Hawkens Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Washington, DC 20555-0001 E-mail: Lawrence.McDade(onrc. gov E-mail: Roy.Hawkens(anrc. gov (With attachments by hand-delivery) (With attachments by hand-delivery)

Administrative Judge * ** Office of the Secretary * ** ***

Nicholas G. Trikouros ATTN: Rulemaking & Adjudications Staff Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555-0001 E-mail: Hearing.Docket(nrc. gov E-mail: Nicholas.Trikouros(inrc. gov Fax: (301-415-1101)

(With attachments by hand-delivery)

Lisa Clark, Esq. * ** Lauren Bregman*

E-mail: Lisa.Clark(inrc. gov Board Law Clerk Office of the General Counsel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555-0001 (With attachments by hand-delivery) E-mail: Lauren.Bregmananrc. gov

Johanna Thibault*

Board Law Clerk Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Johanna.Thibault(nrc. gov Karen Volloch*

Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Karen.Volloch(anrc.-gov Office of Commission Appellate Adjudication***

U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

-/s/

Billie P. Garde Counsel for Andrew Siemaszko