ML062140124
| ML062140124 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 07/31/2006 |
| From: | Baty M, Brock S NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Giitter R | |
| References | |
| ASLBP 06-846-02-EA, IA-05-053, RAS 12054 | |
| Download: ML062140124 (5) | |
Text
July 31, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of)
)DALE L. MILLER)ASLBP No. 06-846-02-EA
)
)Docket No. IA-05-053
)NRC STAFF'S APPLICATION FOR THE ISSUANCE OF A SUBPOENA INTRODUCTION Pursuant to 10 C.F.R. § 2.702(a) of the Commission's regulations, the Staff of the Nuclear Regulatory Commission (Staff) requests that the Atomic Safety and Licensing Board (Board), designated in the above-captioned proceeding, issue a subpoena, attached hereto, requiring a certain individual, named below, to attend and give testimony at a deposition.
DISCUSSION The Staff requests the Board to issue a subpoena for Rebecca Slyker in order to ensure the Staff's ability to depose this individual on the date specified. Ms. Slyker is a nuclear
technologist at Davis-Besse. Ms. Slyker's testimony is relevant to the issues raised by this
enforcement action. Ms. Slyker was identified as a person with relevant information by
Mr. Miller in his initial disclosures. CONCLUSION For the above stated reasons, the Staff requests the Board to issue the attached subpoena to Ms. Slyker.
Respectfully submitted,/RA by Mary C. Baty/
Sara E. Brock Mary C. Baty
Michael A. Spencer
Counsel for the NRC Staff Dated at Rockville, Maryland this 31st day of July, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matters of:
TO: YOU ARE HEREBY COMMANDED to appear to testify at to be conducted on the day of , 20 at .
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD BY: , Chairman ASLB Date ATTORNEY FOR THE NRC STAFF:
TELEPHONE: 10 C.F.R. 2.702(f)
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the
subpoena is issued, the presiding officer, or, if he is unavailable, the Commission may:
(1) Quash or modify the subpoena if it is
unreasonable or requires evidence not
relevant to any matter in issue, or (2)
Condition denial of the motion on just and
reasonable terms.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of)
)DALE L. MILLER)ASLBP No. 06-846-02-EA)Docket No. IA-05-053
)CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S APPLICATION FOR THE ISSUANCE OF A SUBPOENA" 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 asteri sk (*); and by electronic mail as indicated by a double asterisk (**) on this 31st day of July, 2006.
Michael C. Farrar * **
Administrative Judge, Chair
Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, D.C. 20555-0001
E-Mail: mcf@nrc.gov E. Roy Hawkens * **
Administrative Judge
Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, D.C. 20555-0001
E-Mail: erh@nrc.gov Adjudicatory File
- Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, D.C. 20555 Nicholas G. Trikouros * **
Administrative Judge Atomic Safety and Licensing Board Panel
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, D.C. 20555-0001
E-Mail: ngt@nrc.gov 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 Jane G. Penny * **
Thomas W. Scott * ** Killian & Gephart, LLP 218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
E-mail: jpenny@killiangephart.com tscott@killiangephart.com James R. Wooley * **
Stephen J. Schlegemilch * **
Baker & Hostetler
3200 National City Center
1900 East 9th Street
Cleveland, OH 44114-3485 jwooley@bakerlaw.com sschlegelmilch@bakerlaw.com Jonathan Rund * **
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: jmr3@nrc.gov
/RA/
Mary C. Baty Counsel for the NRC Staff