[Federal Register Volume 71, Number 69 (Tuesday, April 11, 2006)]
[Notices]
[Page 18362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5255]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. IA-05-052; ASLBP No. 06-845-01-EA]
Atomic Safety and Licensing Board; In the Matter of David Geisen;
Notice of Hearing (Enforcement Order)
April 5, 2006.
Before Administrative Judges: Michael C. Farrar, Chairman, E. Roy
Hawkens. Nicholas G. Trikouros.
This proceeding stems from an immediately-effective Enforcement
Order issued on January 4, 2006, by the Nuclear Regulatory Commission
Staff against Mr. David Geisen, prohibiting him from ``engaging in NRC-
licensed activities'' for five years because of certain actions the NRC
Staff believes he took in 2001 when he was employed at the Davis-Besse
Nuclear Power Plant, located some 25 miles east of Toledo near Oak
Harbor, Ohio. That Order, published in the Federal Register (71 FR
2571) on January 17, 2006, detailed the Staff's assertions that Mr.
Geisen had deliberately provided materially incomplete and inaccurate
information in connection with an issue affecting the continued
operation of the Davis-Besse facility, and provided Mr. Geisen with the
opportunity, under 10 CFR 2.202(b), to request a hearing to contest the
matters set out in the Order. Through counsel, Mr. Geisen timely filed
such a request on February 23, 2006.
This Atomic Safety and Licensing Board was established on March 16,
2006, to consider Mr. Geisen's hearing request. With the NRC Staff
having indicated no objection thereto, we granted that request on March
27, 2006, in a Memorandum and Order that also granted the hearing
requests of two other former Davis-Besse employees who were the
subjects of immediately-effective Staff Enforcement Orders likewise
suspending them from employment in the regulated nuclear industry.
In light of the foregoing, and consistent with 10 CFR 2.318(a) (see
also id. Sec. Sec. 2.203 and 2.312(a)), please take notice that a
hearing will be conducted in this proceeding. The hearing will be
governed by the specific hearing procedures set forth in 10 CFR Part 2,
Subpart G (10 CFR 2.700-2.713), which procedures supplement the general
rules set forth in 10 CFR Part 2, Subpart C (10 CFR 2.300-2.390).
During the course of the proceeding, the Board may, among other
measures, hold oral arguments (id. Sec. 2.331) and pre-hearing
conferences (id. Sec. 2.329), and may conduct evidentiary hearings
(id. Sec. 2.711). The public is invited to attend any oral argument,
pre-hearing conference, or evidentiary hearing unless otherwise ordered
by the Commission (id. Sec. Sec. 2.327-2.328). The time and place of
any such sessions will be fixed by subsequent order(s); notices thereof
will be published in the Federal Register and/or made available to the
public at the NRC Public Document Room, located in One White Flint
North, 11555 Rockville Pike (first floor), Rockville, Maryland, and
through the NRC Web site, http://www.nrc.gov.
In the same March 27, 2006 Memorandum and Order in which it granted
Mr. Geisen's hearing request, this Board called for oral argument on
the Staff's March 20, 2006, motion to hold this matter in abeyance
pending the outcome of the criminal proceeding brought by the
government against Mr. Geisen based on substantially the same
allegations (Mr. Geisen's response to the Staff's motion was duly filed
on March 30, 2006). The oral argument on the motion will be held on
Tuesday, April 11, 2006, at 10 a.m. in the courtroom at the NRC's
Rockville, Maryland Headquarters, on the third floor of the Two White
Flint North Building at 11545 Rockville Pike. That oral argument, which
is not expected to last more than approximately 90 minutes, will be
open for the public to observe.
Documents relating to this proceeding are available for public
inspection at the NRC's Public Document Room or electronically from the
publicly available records component of NRC's document system (ADAMS).
ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.
Persons who do not have access to ADAMS or who encounter problems
in accessing the documents located in ADAMS may contact the NRC Public
Document Room reference staff by telephone at 1-800-397-4209 or 301-
415-4737, or by e-mail to [email protected].
It is so ordered.
April 5, 2006.
For the Atomic Safety and Licensing Board.
Michael C. Farrar,
Chairman, Administrative Judge, Rockville, Maryland.
[FR Doc. E6-5255 Filed 4-10-06; 8:45 am]
BILLING CODE 7590-01-P