ML062350154
| ML062350154 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 08/15/2006 |
| From: | Penny J G Killian & Gephart, LLP |
| To: | Atomic Safety and Licensing Board Panel |
| Giitter R L | |
| References | |
| ASLBP 06-846-02-EA, ASLBP 06-847-03-EA, IA-05-053, IA-05-054, RAS 12144, RAS 12145 | |
| Download: ML062350154 (3) | |
Text
Rf AS 1&144 DOCKETED USNRC UNITED STATES OF AMERICA August 15, 2006 (3:54pm)NUCLEAR REGULATORY COMMISSION OFFICE OF SECRETARY RULEMAKINGS AND BEFORE THE ATOMIC SAFETY AND LICENSING BOARD ADJUDICATIONS STAFF In 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 DALE MILLER'S ANSWER TO MOTION TO QUASH Pursuant to the Board's Order dated August 9, 2006, Dale L. Miller responds as follows to Rodney M. Cook's August 3, 2006 Motion to Quash: 1. Admitted.2. It is admitted that the January 4, 2006 Enforcement Order directed to Dale L. Miller states that Mr. Miller supervised Mr. Cook during the preparation of Davis-Besse's September 4, 2001 response to the NRC's August 3, 2001 Bulletin.
By Answer dated February 23, 2006, Mr.Miller denied that (1) he was initially responsible for supervising Mr. Cook; (2) he drafted ormade any material changes to the response; (3) he was responsible for technical content material to the NRC, and (4) he reviewed and approved the final version of the response submitted to the NRC on September 4, 2001.3. Is admitted that Mr. Cook may assert all rights and privileges to which he is entitled by law.4. No answer required.5. Admitted.
By way of further Answer, Mr. Cook's testimony is essential to Mr.Miller's effort, through this proceeding, to vindicate himself of the Enforcement Order's charges-T'EIkfLf1-r" = S _q -0 3 ') S CY--0 01.
that Mr. Miller knew Davis-Besse's written response to the NRC Bulletin was incomplete and inaccurate, and he was responsible for the information provided to the NRC in response to the Bulletin.
In his Initial Disclosures filed on April 26, 2006, Mr. Miller notified the NRC Staff that Mr. Cook had relevant information on disputed issues including the extent of Mr. Miller's involvement in the Bulletin response, his reliance upon engineers assigned responsibility for technical input, and the significance of August 2001 e-mail correspondence forwarded to Mr.Miller and Mr. Cook. Based upon counsel's current knowledge, Mr. Cook may be the only reliable source of the above-stated information, which is necessary to a proper decision in Mr. Miller's case. Depending upon the Board's resolution of Mr. Cook's Motion, Mr. Miller may be required to make further application to the Board concerning his initial request for an expedited hearing.6. No answer required.Respectfully Killian &"Gephart, LLP/218 Pine Street P.O. Box 886 Harrisburg, PA 1 108-0886 ipennya(killiangephart.com tscott(@killiangephart.com Counsel for Dale L Miller and Steven P. Moffitt CERTIFICATE OF SERVICE On August 15, 2006, copies of the attached "Answer to Motion to Quash" were served on the following persons through the U. S. mail, and electronic mail (where indicated*):
Administrative Judge Michael C. Farrar, Chair Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
- E-mail: mcf@nrc.gov Administrative Judge E. Roy Hawkens Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
- E-mail: erh@nrc.gov Sara E. Brock, Esquire Mary C. Baty, Esquire Michael A. Spencer, Esquire Office of the General Counsel Mail Stop: 0-15 D21 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
- E-mail: seb2@nrc.gov E-mail: mcbl @nrc.gov John F. Conroy, Esquire Gordon & Ermer 1828 L Street, NW Suite 640 Washington, DC 20036-5104 Administrative Judge Nicholas G. Trikouros Atomic Safety and Licensing Board Panel Mail Stop: T-3 F23 U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
- E-mail: ngt@nrc.gov Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Mail Stop: 0-16 CI Washington, D.C. 20555-0001 Office of the Secretary Attn: Rulemaking and Adjudications Staff Mail Stop: 0-16 C1 Washington, D.C. 20555-0001
- Email: hearingdocket@nrc.gov Adjudicatory File Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Washington, D.C. 20555-0001 Jonathan Rund, Esquire Board Law Clerk Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Washington, D.C. 20555-0001-Jmr3@nrc.pv P. Moffitt