ML070230143: Difference between revisions
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| issue date = 01/22/2007 | | issue date = 01/22/2007 | ||
| title = 2007/01/22 - David Geisen - NRC Staff'S Application of a Subpoena to Ken Byrd | | title = 2007/01/22 - David Geisen - NRC Staff'S Application of a Subpoena to Ken Byrd | ||
| author name = Baty M | | author name = Baty M | ||
| author affiliation = NRC/OGC | | author affiliation = NRC/OGC | ||
| addressee name = | | addressee name = | ||
| Line 9: | Line 9: | ||
| docket = 05000346 | | docket = 05000346 | ||
| license number = | | license number = | ||
| contact person = Giitter R | | contact person = Giitter R | ||
| case reference number = ASLBP 06-845-01-EA, IA-05-052, RAS 12918 | | case reference number = ASLBP 06-845-01-EA, IA-05-052, RAS 12918 | ||
| document type = Legal-Notice of Deposition | | document type = Legal-Notice of Deposition | ||
Revision as of 06:25, 13 July 2019
| ML070230143 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 01/22/2007 |
| From: | Baty M NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Giitter R | |
| References | |
| ASLBP 06-845-01-EA, IA-05-052, RAS 12918 | |
| Download: ML070230143 (5) | |
Text
January 22, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARDIn the Matter of )
)DAVID GEISEN )Docket No. IA-05-052
)
)ASLBP No. 06-845-01-EA NRC STAFF'S APPLICATION FOR THE ISSUANCE OF A SUBPOENA TO KEN BYRD 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 proceedings, issue a
subpoena, attached hereto, requiring Ken Byrd, to attend and give testimony at a
deposition.
DISCUSSION The Staff requests the Board to issue a subpoena for Ken Byrd in order to ensure the Staff's ability to depose this individual on the date specified. In 2001, Mr. Byrd was a
Nuclear Engineering Supervisor at Davis-Besse. Mr. Byrd's testimony is relevant to the
issues raised by this enforcement action.
Mr. Byrd was involved in the development of presentations made by Davis-Besse to the NRC in the Fall of 2001, and was specifically
involved in the development and review of calculational assessments of crack growth used by Davis-Besse in the Fall of 2001 to justify continued operation. CONCLUSION In light of the foregoing, the Staff requests the Board to issue the attached subpoena to Mr. Byrd.
Respectfully submitted,
/RA by Mary C. Baty/
Mary C. Baty Counsel for the NRC Staff Dated at Rockville, MD this 22 nd day January, 2007 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of:
David Geisen TO: Docket No. IA-05-052 ASLBP No. 06-845-01-EA 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 )
)DAVID GEISEN)Docket No. IA-05-052
)
)ASLBP No. 06-845-01-EA CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S APPLICATION FOR ISSUANCE OF A SUBPOENA TO KEN BYRD" in the abov e 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 22 nd day of January, 2007.Michael C. Farrar * **
Administrative Judge
Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, D.C. 20555
E-mail: mcf@nrc.gov Nicholas G. Trikouros * **
Administrative Judge
Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, D.C. 20555
E-mail: ngt@nrc.gov Adjudicatory File
- Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
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 E. Roy Hawkens * **
Chief Administrative Judge
Atomic Safety and Licensing Board
U.S. Nuclear Regulatory Commission
Mail Stop: T-3 F23
Washington, D.C. 20555
E-mail: erh@nrc.gov Office of Commission Appellate Adjudication
- U.S. Nuclear Regulatory Commission
Mail Stop: O-16 C1
Washington, D.C. 20555 Richard A. Hibey, Esq.
- Charles F.B. McAleer, Jr., Esq.
Andrew T. Wise, Esq.
Mathew T. Reinhard, Esq.
Miller & Chevalier
655 Fifteenth Street, N.W., Suite 900
Washington, D.C. 20005-5701
E-Mail: rhibey@milchev.com awise@milchev.com mreinhard@milchev.com Margaret Parish * **
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: map4@nrc.gov Donald P. Ferraro * **
Timothy P. Matthews * **
1111 Pennsylvania Ave, N.W.
Washington, D.C. 20004
dferraro@morganlewis.com tmatthews@morganlewis.com Libby Perch * **
Board Staff
Atomic Safety and Licensing Board Panel
Mail Stop: T-3 F23
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001
E-mail: emp1@nrc.gov
/RA by Mary C. Baty/
___________________________
Mary C. Baty
Counsel for the NRC Staff