ML083190370: Difference between revisions

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| issue date = 11/12/2008
| issue date = 11/12/2008
| title = 2008/11/12-Davis-Besse (Geisen) David Geisen - Unopposed NRC Staff Motion for a Page Limit Extension
| title = 2008/11/12-Davis-Besse (Geisen) David Geisen - Unopposed NRC Staff Motion for a Page Limit Extension
| author name = Sexton K A
| author name = Sexton K
| author affiliation = NRC/OGC
| author affiliation = NRC/OGC
| addressee name =  
| addressee name =  
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  )  ASLBP No. 06-845-01-EA  
  )  ASLBP No. 06-845-01-EA  
  )
  )
UNOPPOSED NRC STAFF MOTION FOR A PAGE LIMIT EXTENSION On October 23, 2008, the three judge panel of the Atomic Safety and Licensing Board  
UNOPPOSED NRC STAFF MOTION FOR A PAGE LIMIT EXTENSION On October 23, 2008, the three judge panel of the Atomic Safety and Licensing Board
("Board") convened a conference call with counsel for Mr. Geisen and the U.S. Nuclear  
("Board") convened a conference call with counsel for Mr. Geisen and the U.S. Nuclear  



Revision as of 05:56, 12 July 2019

2008/11/12-Davis-Besse (Geisen) David Geisen - Unopposed NRC Staff Motion for a Page Limit Extension
ML083190370
Person / Time
Site: Davis Besse Cleveland Electric icon.png
Issue date: 11/12/2008
From: Sexton K
NRC/OGC
To:
Atomic Safety and Licensing Board Panel
SECY RAS
References
ASLBP 06-845-01-EA, IA-05-052
Download: ML083190370 (4)


Text

November 12, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

In the Matter of )

)

DAVID GEISEN ) Docket No. IA-05-052

)

) ASLBP No. 06-845-01-EA

)

UNOPPOSED NRC STAFF MOTION FOR A PAGE LIMIT EXTENSION On October 23, 2008, the three judge panel of the Atomic Safety and Licensing Board

("Board") convened a conference call with counsel for Mr. Geisen and the U.S. Nuclear

Regulatory Commission Staff ("Staff") to determine the schedule for the path forward in this

proceeding. During the call, the Board set a schedule for the Staff to file a 10 page collateral

estoppel motion by November 17, 2008, with a response from Mr. Geisen by November 26, 2008.1 The Board set the week of December 1, 2008 for issuance of its ruling.

2 Pursuant to a March 27, 2006 Board Order, 3 the NRC Staff requests that it be allowed to file its motion for collateral estoppel in 25 pages or less. The NRC Staff believes that it will 1 Memorandum and Order (Summarizing Conf erence Call) at 3-4 (Nov. 3, 2008).

2 Transcript of Pre-Hearing Conference ITMO David Geisen at 731 (Oct. 23, 2008).

3 On March 27, 2006, the Board issued the Memorandum and Order Summarizing Conference Call (Granting All Hearing Requests, Setting Oral Argument on Staff's Abeyance Motion, and Addressing Related Matters). Appended to that Order was the "Standard Practice Manual," which set forth the administrative directives that are to apply to this proceeding. Section D.1 states that "Any motion filed after the date of the Board issuance to which this Manual is appended, and any related responsive pleadings to such a motion, shall not exceed t en pages in length (including signature page) absent preapproval of the Licensing Board. A request for B oard preapproval to exceed this page limitation shall be sought in writing no less than three business days pr ior to the time the motion or responsive pleading is filed or due to be filed. A reques t to exceed this page limitation must (1) indicate whether the request is opposed or supported by the other participants to the pr oceeding; (2) provide a good faith estimate of the number of additional pages that will be filed; and (3) demonstrate good cause for being permitted to exceed the page limitation." Memorandum and Order Summarizing Conference Call (Granting All Hearing Requests, Setting Oral Argument on Staff's Abeyance Motion, and Addressing Related Matters) at 13 (Mar. 27, 2006).

need additional pages in order to fully address the legal issues and to explain the jury's verdict in light of the evidence in the criminal trial. In accordance with 10 C.F.R. § 2.323(b), the NRC

Staff has contacted counsel for Mr. Geisen, who expressed no objection to this request.

Respectfully submitted, /RA/

Kimberly A. Sexton Counsel for the NRC Staff

Dated at Rockville, Maryland

this 12 th day of November, 2008 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

In 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 a letter regarding a supplemental hearing file update and an "UNOPPOSED NRC STAFF MOTION FOR A PAGE LIMIT EXTENISON" 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 12th day of November, 2008.

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: Mike.Farrar@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: Nicholas.Trikouros@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 G4 Washington, D.C. 20555 E-mail: Hearing.Docket@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: Roy.Hawkens@nrc.gov Office of Commission Appellate Adjudication * ** U.S. Nuclear Regulatory Commission

Mail Stop: O-16 G4 Washington, D.C. 20555

Email: OCAAMAIL.Resource@nrc.gov 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

Johanna Thibault * **

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: Johanna.Thibault@nrc.gov Libby Perch * **

Board Staff Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23 Washington, D.C. 20555

E-mail: Libby.Perch@nrc.gov

/RA/ ___________________________

Kimberly A. Sexton Counsel for the NRC Staff