ML060750054
| ML060750054 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 03/16/2006 |
| From: | Bollwerk G P Atomic Safety and Licensing Board Panel |
| To: | |
| Giitter R L | |
| References | |
| ASLBP-06-846-02-EA, IA-05-053, RAS 11366 | |
| Download: ML060750054 (3) | |
Text
UNITED STATES OF AMERICARAS 11366DOCKETED 03/16/06NUCLEAR REGULATORY COMMISSIONSERVED 03/16/06IN THE MATTER OF DALE L. MILLERIA-05-053ASLBP No. 06-846-02-EAESTABLISHMENT OF ATOMIC SAFETY AND LICENSING BOARDPursuant to delegation by the Commission dated December 29, 1972, published inthe Federal Register, 37 Fed. Reg. 28,710 (1972), and the Commission's regulations, see10 C.F.R. §§ 2.104, 2.202, 2.300, 2.303, 2.309, 2.311, 2.318, and 2.321, notice is hereby giventhat an Atomic Safety and Licensing Board is being established to preside over the following proceeding:DALE L. MILLER(Enforcement Action)This proceeding concerns a request for a hearing submitted on February 23, 2006, byDale L. Miller in response to a January 4, 2006 NRC staff "Order Prohibiting Involvement inNRC-License Activities," 71 Fed. Reg. 2579 (Jan. 17, 2006). Under the terms of thatimmediately effective staff order, the staff concluded that because Mr. Miller (1) had knowledgeof the degraded condition of the reactor pressure vessel (RPV) head at the Davis-Besse Nuclear Power Station and the limitations experienced during RPV head inspections; and (2) had deliberately provided materially incomplete and inaccurate information in connection with the continued operation of the Davis-Besse facility for a period prior to a February 2002refueling outage that resulted in a significant adverse condition going uncorrected, Mr. Millerwas, among other things, prohibited for five years from engaging in NRC-licensed activities. The Board is comprised of the following administrative judges:Michael C. Farrar, ChairU.S. Nuclear Regulatory CommissionWashington, D.C. 20555-0001E. Roy HawkensU.S. Nuclear Regulatory CommissionWashington, D.C. 20555-0001Nicholas G. TrikourosU.S. Nuclear Regulatory CommissionWashington, D.C. 20555-0001All correspondence, documents, and other materials shall be filed with the administrativejudges in accordance with 10 C.F.R. § 2.202.
/RA/
G. Paul Bollwerk, IIIChief Administrative Judge Atomic Safety and Licensing Board PanelIssued at Rockville, Maryl and,this 16 th day of March 2006.
UNITED STATES OF AMERICANUCLEAR REGULATORY COMMISSIONIn the Matter of )
)DALE L. MILLER )Docket No. IA-05-053
)
)(Enforcement Action) )CERTIFICATE OF SERVICEI hereby certify that copies of the foregoing ESTABLISHMENT OF ATOMIC SAFETY ANDLICENSING BOARD have been served upon the following persons by U.S. mail, first class, or through NRC internal distribution.Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Administrative JudgeMichael C. Farrar, Chair Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Administrative JudgeE. Roy Hawkens Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Administrative JudgeNicholas G. Trikouros Atomic Safety and Licensing Board Panel Mail Stop - T-3 F23 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Bradley W. Jones, Esq.Office of the General Counsel Mail Stop - O-15 D21 U.S. Nuclear Regulatory Commission Washington, DC 20555-0001Jane Gowen Penny, Esq.Killian & Gephart LLP218 Pine Street
P.O. Box 886 Harrisburg, PA 17108-0886[Original signed by Evangeline S. Ngbea]
Office of the Secretary of the CommissionDated at Rockville, Marylandthis 16 th day of March 2006