• Geisen Sanctions Set Aside
  • September 30, 2009 | Authors: David A. Repka; Mark J. Wetterhahn; Tyson R. Smith
  • Law Firms: Winston & Strawn LLP - Chicago Office ; Winston & Strawn LLP - Washington Office ; Winston & Strawn LLP - Chicago Office
  • On August 28, 2009, a three-member panel of the Atomic Safety and Licensing Board set aside, in a 2-1 decision, an Enforcement Order against David Geisen, a former employee of the Davis-Besse Nuclear Power Station ("Davis-Besse") owned and operated by First Energy Nuclear Operating Company ("FENOC" or "Licensee"). A majority of the Licensing Board held that the Nuclear Regulatory Commission ("NRC") Staff failed to show by a preponderance of the evidence that Mr. Geisen engaged in the deliberate misrepresentation with which he was charged.