ML062150067
| ML062150067 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 08/02/2006 |
| From: | Baty M NRC/OGC |
| To: | Atomic Safety and Licensing Board Panel |
| Giitter R | |
| References | |
| ASLBP 06-846-02-EA, BL-01-001, IA-05-053, RAS 12067 | |
| Download: ML062150067 (5) | |
Text
August 2, 2006 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matters of )
)
DALE L. MILLER ) ASLBP No. 06-846-02-EA
)
) Docket No. IA-05-053
)
NRC STAFFS APPLICATION FOR THE ISSUANCE OF A SUBPOENA INTRODUCTION Pursuant to 10 C.F.R. § 2.702(a) of the Commissions 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 Frank W. Kennedy in order to ensure the Staffs ability to depose this individual on the date specified. Mr. Kennedy was a Senior Nuclear Technologist in the Regulatory Affairs Group at Davis-Besse. Mr. Kennedys testimony is relevant to the issues raised by this enforcement action. Mr. Kennedy was assigned responsibility for drafting Davis-Besses response to Bulletin 2001-01 until responsibility was transferred to Mr. Rodney Cook on or about August 10, 2001. Mr. Kennedy was identified as a person with relevant information by Mr. Miller in his initial disclosures and is referenced in Mr. Millers responses to written discovery questions.
CONCLUSION For the above stated reasons, the Staff requests the Board to issue the attached subpoena to Mr. Kennedy.
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 2nd day of July, 2006
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matters of:
DALE L. MILLER Docket No. IA-05-053 ASLBP No. 06-846-02-EA Frank W. Kennedy c/o James R. Wooley TO:
Stephen J. Schlegelmilch Bake & Hostetler 3200 National City Center 1900 East 9th Street Cleveland, OH 44114-3485 YOU ARE HEREBY COMMANDED to appear to testify at a deposition in the above-captioned proceeding to be conducted at the Holiday Inn Express Hotel and Suites, 50 NE Catawba Road, Port Clinton, OH 43452 in the Catawba Board Room on the 25th day of August , 20 06 at 9:00 AM .
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD BY:
, Chairman ASLB Michael Farrar Date ATTORNEY FOR THE NRC STAFF:
Sara E. Brock/ Mary C. Baty/ Michael A. Spencer TELEPHONE: 301-415-8393/301-415-1324/301-415-4073 10 C.F.R. 2.702(f)
On motion made promptly, and in any event at or before the time specified in or, if he is unavailable, the Commission may:
the subpoena for compliance by the person (1) Quash or modify the subpoena if it is to whom the subpoena is directed, and on unreasonable or requires evidence not notice to the party at whose instance the relevant to any matter in issue, or (2) subpoena is issued, the presiding officer, Condition denial of the motion on just and reasonable terms.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In 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 STAFFS 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 asterisk (*); and by electronic mail as indicated by a double asterisk (**) on this 2nd day of August, 2006.
Michael C. Farrar * ** Nicholas G. Trikouros * **
Administrative Judge, Chair Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Mail Stop: T-3 F23 Mail Stop: T-3 F23 Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 E-Mail: mcf@nrc.gov E-Mail: ngt@nrc.gov E. Roy Hawkens * ** Office of Commission Appellate Adjudication
- Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Mail Stop: O-16 C1 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Mail Stop: T-3 F23 Washington, D.C. 20555-0001 Office of the Secretary * **
E-Mail: erh@nrc.gov Attn: Rulemaking and Adjudications Staff U.S. Nuclear Regulatory Commission Adjudicatory File
- Mail Stop: O-16 C1 Atomic Safety and Licensing Board Washington, D.C. 20555 U.S. Nuclear Regulatory Commission E-mail: hearingdocket@nrc.gov Mail Stop: T-3 F23 Washington, D.C. 20555
Jane G. Penny * ** Jonathan Rund * **
Thomas W. Scott * ** Board Law Clerk Killian & Gephart, LLP Atomic Safety and Licensing Board Panel 218 Pine Street U.S. Nuclear Regulatory Commission P.O. Box 886 Mail Stop: T 3-F23 Harrisburg, PA 17108-0886 Washington, D.C. 20555 E-mail: jpenny@killiangephart.com E-mail: jmr3@nrc.gov tscott@killiangephart.com James R. Wooley * **
Stephen J. Schlegelmilch * **
Baker & Hostetler 3200 National City Center 1900 East 9th Street Cleveland, OH 44114-3485 jwooley@bakerlaw.com sschlegelmilch@bakerlaw.com
/RA/
Mary C. Baty Counsel for the NRC Staff