[Federal Register Volume 71, Number 69 (Tuesday, April 11, 2006)]
[Notices]
[Page 18363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5258]


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NUCLEAR REGULATORY COMMISSION

[Docket No. IA-05-054; ASLBP No. 06-847-03-EA]


Atomic Safety and Licensing Boards; In the Matter of Steven P. 
Moffitt; Notice of Hearing (Enforcement Order)

April 5, 2006.
Before Administrative Judges: Michael C. Farrar, Chairman; E. Roy 
Hawkens; and 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. Steven P. Moffitt, 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 
2581) on January 17, 2006, detailed the Staff's assertions that Mr. 
Moffitt 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. Moffitt 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. Moffitt timely 
filed such a request on February 23, 2006.
    This Atomic Safety and Licensing Board was established on March 16, 
2006, to consider Mr. Moffitt'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 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. Moffitt's hearing request, this Board convened a conference call 
for April 13, 2006, during which it will discuss with counsel the 
status of their negotiations concerning an agreement on a discovery 
process and schedule. Depending on those negotiations and other pending 
matters, the Board may shortly thereafter set an initial scheduling 
order for the proceeding.
    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.

    For the Atomic Safety and Licensing Board.

    April 5, 2006.
Michael C. Farrar,
Chairman, Administrative Judge, Rockville, Maryland.
[FR Doc. E6-5258 Filed 4-10-06; 8:45 am]
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