ML061500007
| ML061500007 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  (NPF-003) |
| Issue date: | 05/26/2006 |
| From: | Baty M C, Brock S E NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Giitter R L | |
| References | |
| 3:06CR712, ASLBP 05-839-02-EA, IA-05-021, RAS 11687 | |
| Download: ML061500007 (7) | |
Text
May 26, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of )
)ANDREW SIEMASZKO)Docket No. IA-05-021
)
)ASLBP No. 05-839-02-EA NRC STAFF STATUS REPORT The Atomic Safety and Licensing Board issued an Order dated April 6, 2006 directing the Staff to file a status report at interval s not to exceed three months or whenever an event occurs that materially affects the scheduling in the criminal proceeding. We have been
informed by Thomas Ballantine, Department of Justice, on May 25, 2006, as follows:
On May 12, 2006, counsel for Mr. Geisen, on behalf of all defendants in U.S. v.
David Geisen, et al., and Mr. Ballantine, on behalf of the Government, filed a letter (attached) proposing that the Court set aside the May 24 motions deadline and, instead, conduct a
telephone conference on that date to discuss the setting of a status conference by the Court.
On May 19, 2006, the Court issued an Order (attached) extending the motion filing deadline (no
date specified) and scheduling a telephone status conference for May 24, 2006 to discuss the
setting of a status conference by the Court.
On May 24, 2006, following the telephone status conference, the Court issued an Order (attached) granting the joint request of counsel to extend the deadline for production of
discovery to June 2, 2006. The Order provided that production of 404(b) materials and the
government's expert report would be exempt fr om the June 2 discovery deadline. The order scheduled the next telephone status conference for July 11, 2006, at which time counsel will
discuss appropriate deadlines for filing of motions. In the interim, counsel will review discovery materials to determine what, if any, motions will be filed, and government counsel will file a motion requesting that the case be declared a complex case due to the voluminous nature of
discovery and other case significant factors. The time between June 2 and July 11, 2006 will be
excluded from Speedy Trial Act.
A trial date has not been set. Government counsel's estimates of (a) when a firm trial date will be set, (b) when government counsel believes that this case will be scheduled for trial, and (c) the estimated duration of the trial, have not changed since the Staff's last status report (April 20, 2006). The Government is not aware of any other information that may shed light on
the likely schedule for the criminal proceeding.
Respectfully submitted,/RA by Mary C. Baty/
Sara E. Brock Mary C. Baty
Counsel for NRC Staff Dated at Rockville, Maryland this 26 th day of May, 2006
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIOWESTERN DIVISIONUnited States of America :Case No. 3:06CR712v. :David Geisen,et al., :
O R D E RAt the written request of Attorney Richard A. Hibey on behalf of all defendants in the captionedcase, it has been requested that the motion filing deadline of May 24, 2006, be extended due tovoluminous and ongoing discovery. Instead a telephone status conference is scheduled for Wednesday,May 24, 2006, at 2:00 p.m. to discuss the setting of a status conference by the Court. The government will initiate this call.
So ordered./s/ Vernelis K. Armstrong Vernelis K. Armstrong United States Magistrate Judge IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIOWESTERN DIVISIONUnited States of America :Case No. 3:06CR712v. :David Geisen, et al., :
O R D E RDuring a telephone status conference on May 24, 2006, the joint request of counsel to extend thedeadline to June 2, 2006, for the production of discovery was granted. The production of 404(b)materials and the government's expert report will be exempted from the June 2, 2006, discovery deadline. Disclosure of those materials will be addressed at the next telephone status conference on July11, 2006, at 10:30 a.m. In the interim counsel will review discovery materials and determine what, if any, motions will be filed. Delay is deemed excludable from June 2 to July 11, 2006, in the interests of justice. Government counsel will file a motion requesting this case be declared complex due to thevoluminous nature of discovery and other case significant factors.
So ordered./s/ Vernelis K. ArmstrongVernelis K. Armstrong United States Magistrate Judge UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of )
)ANDREW SIEMASZKO )IA-05-021
)
)ASLBP No. 05-839-02-EA
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF STATUS REPORT" 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 26 th day of May, 2006.Administrative Judge * **
Lawrence McDade, Chair
Atomic Safety and Licensing Board Panel
Mail Stop: T-3 F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
E-mail: lgm1@nrc.gov Administrative Judge * **
Peter S. Lam
Atomic Safety and Licensing Board Panel
Mail Stop: T-3 F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
E-mail: psl@nrc.gov Atomic Safety and Licensing Board Panel
- U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, D.C. 20555 Adjudicatory File
- Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, DC 20555-0001 Administrative Judge * **
E. Roy Hawkens Atomic Safety and Licensing Board Panel
Mail Stop: T-3 F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
E-mail: erh@nrc.gov Billie Pirner Garde * **
John M. Clifford
Sandy Shepherd
Clifford & Garde
1707 L Street, NW, Suite 500
Washington, D.C. 20036
E-mail: bpgarde@aol.com jclifford@cliffordgarde.com sshepherd@cliffordgarde.com 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 David Lochbaum * ** Nuclear Safety Engineer Union of Concerned Scientists
1707 H Street NW, Suite 600
Washington, D.C. 20006
E-mail: dlochbaum@ucsusa.org Jonathan Rund * **
Board Law Clerk
Atomic Safety and Licensing Board Panel
Mail Stop: T-3 F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
E-mail: jmr3@nrc.gov Sandy Buchanan * **
Executive Director
Ohio Citizen Action
614 W. Superior Avenue, Suite 1200
Cleveland, OH 44113
E-mail: sbuchanan@ohiocitizen.org Marcia Carpentier * **
Board Law Clerk
Atomic Safety and Licensing Board Panel
Mail Stop: T-3 F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
E-mail: mxc7@nrc.gov
/RA/
Mary C. Baty Counsel for NRC Staff