[Federal Register Volume 71, Number 69 (Tuesday, April 11, 2006)]
[Notices]
[Pages 18362-18363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5259]
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NUCLEAR REGULATORY COMMISSION
[ Docket No. IA-05-053; ASLBP No. 06-846-02-EA]
Atomic Safety And Licensing Boards; In the Matter of Dale L.
Miller; 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. Dale L. Miller, 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
2579) on January 17, 2006, detailed the Staff's assertions that Mr.
Miller 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. Miller 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. Miller timely filed
such a request on February 23, 2006.
This Atomic Safety and Licensing Board was established on March 16,
2006, to consider Mr. Miller'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
[[Page 18363]]
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. Miller'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.
April 5, 2006.
For The Atomic Safety and Licensing Board.
Michael C. Farrar,
Chairman, Administrative Judge, Rockville, Maryland.
[FR Doc. E6-5259 Filed 4-10-06; 8:45 am]
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