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Category:Legal-Correspondence
MONTHYEARML19120A2412019-04-30030 April 2019 Letter from the Secretary to Petitioners Regarding Director'S Decision DD-19-01 ML0914805532009-03-12012 March 2009 Response to the Board'S February 27, 2009 Notice and Order in the Matter of Andrew Siemaszko ML0831905112008-11-12012 November 2008 Davis-Besse (Geisen) David Geisen-NRC Staff Supplemental Disclosure Letter ML0831207702008-11-0707 November 2008 (Geisen) - Interrogatories, E-mail Notification to the Board and Counsel for Mr. Geisen That Staff Will Not Be Propounding Any Additional or Replacement Interrogatories Pursuant to Board'S November 5, 2008 Memorandum and Order ML0829503902008-10-20020 October 2008 Davis-Besse (Geisen) - E-mail Status Report on Geisen Negotiations ML0812902752008-04-23023 April 2008 David Geisen - Letter to the Administrative Judges from Lisa B. Clark Informing of Developments in the Criminal Proceedings ML0726002602007-09-13013 September 2007 Davis-Besse - in the Matter of David Geisen Letter Criminal Trial Developments ML0712100422007-04-30030 April 2007 David Geisen - Letter from Lisa B. Clark to Administrative Judges Regarding Status of Geisen Hearing ML0712104272007-04-26026 April 2007 David Geisen - Letter from Richard Poole to Lisa B. Clark Regarding David Geisen Proceeding ML0707300672007-03-13013 March 2007 Andrew Siemaszko - Communication to the Board in the Matter of Andrew Siemaszko Criminal Proceeding ML0707300632007-03-13013 March 2007 David Geisen - Communication to the Board in the Matter of David Geisen Criminal Trial Date ML0701801882007-01-17017 January 2007 David Geisen - Letter from Lisa B. Clark to Administrative Judges Identifying Key Documents ML0629303322006-10-17017 October 2006 Andrew Siemaszko - Board Notification of Amendment to Siemaszko Order ML0625001212006-09-0101 September 2006 Dale L. Miller/Steven P. Moffitt - NRC Staff'S Application for the Issuance of a Subpoena for Mark Mclaughlin ML0625001092006-09-0101 September 2006 Steven P. Moffitt - NRC Staff'S Application for the Issuance of a Subpoena for Robert Saunders ML0625001302006-08-31031 August 2006 Dale L. Miller and Steven P. Moffitt - Joint Status Report Regarding Discussions on Scheduling the Deposition of David Geisen ML0625001492006-08-28028 August 2006 Dale L. Miller/Steven P. Moffitt - Steven P. Moffitt'S Answer to Motion to Quash Subpoena Issued to David Geisen ML0621401242006-07-31031 July 2006 Dale L. Miller - NRC Staff'S Application for the Issuance of a Subpoena. (Rebecca Sylker) ML0621401162006-07-31031 July 2006 Steven P. Moffitt - Request for Subpoena for R. Rishel ML0617801922006-06-23023 June 2006 Dale L. Miller/Steven P. Moffitt - Letter to Administrative Judges from Counsel for NRC Staff Providing Index of the Staff'S 4th Supplemental Disclosures ML0615000082006-05-26026 May 2006 Dale L. Miller/Steven P. Moffitt - Letter from Counsel for NRC Staff to Jane G. Penny in Response to May 15, 2006 Fax ML0413303812004-04-26026 April 2004 Letter from Steven P. Frantz to Administrative Judges Informing That Firstenergy Nuclear Operating Company Has Received the Final Director'S Decision in the Davis-Besse Matter 2019-04-30
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04/26/2007 1 5 : 5 4 FAX U.S. Department of Justice Environment and Natural Resources Division Envirokmenful Crimes Section Telephone (202) 305-0321 P.0. Box 23985 FncslmNe (202) 305-0391 L' Enfont Plaza Station Warhinglon, DC 20026-3985 April 26,2007 Re: United States v. David Geisen, et al., Case No. 3:06-CR-00712 (N.D. OH)
Lisa Clark, Senior Attorney Office of the General Counsel / Mail Stop 0 15-D21 Nuclear Regulatory Commission 11555 Rockville Pike Rockv~lIe,Maryland 20852-2738
Dear Ms. Clark:
At a recent hearing regarding the above-referenced criminal case, the Court asked counsel for the United States to inquire about the Nuclear Regulatory Commission's intended course of action in a matter which may impact that case.
At the hearing, the Court granted a motion for a continuance by defense counsel to enable them to retain experts to study the recent report entitled Review and Analysis of the Davis-Besse March 2002 Reactor Vessel Head Wastage Event ("Wastage Event Report") prepared by Exponent Failure Analysis Associates. Defense counsel argued that the report appears to contain compelling, exculpatory evidence which they might wish to present at trial. Counsel for the United States disagree that the report constitutes exculpatory evidence, but do believe that it may be relevant to cross examination of a government expert witness, NRC employee James Davis.
The Court expressed a concern that the Wastage Event Report could result in further studies, analyses or hearings by the NRC which could change the scientific consensus regarding the corrosion mechanisms that caused the wastage of the Davis Besse reactor vessel head. The Court asked undersigned counsel to inquire whether the agency planned to undertake further such actions, which could cause it to materially reexamine its conclusions regarding the Davis-Besse wastage event.
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04/26/2007 1 5 : 5 4 FAX We ask that you inform us whether the agency intends to take such action so that we may report back to the Court by May 4,2007. In the event that you are unable to determine the likelihood of such action by that date, we would appreciate your furriishing a timetable setting forth when that decision will be made.
Sincerely, Senior Trial Attorney