• Geisen Appeal Goes to the Commission
  • November 16, 2009 | Authors: David A. Repka; Tyson R. Smith
  • Law Firms: Winston & Strawn LLP - Washington Office ; Winston & Strawn LLP - Chicago Office ; Winston & Strawn LLP - Washington Office
  • On September 21, 2009, the Nuclear Regulatory Commission ("NRC") Staff filed a petition seeking Commission review of the Atomic Safety and Licensing Board ("ASLB") decision setting aside an Enforcement Order against David Geisen. Mr. Geisen is a former employee at the Davis- Besse Nuclear Power Plant owned and operated by First Energy Nuclear Operating Company ("FENOC"). The case involves a significant action by the NRC Staff, and the ASLB decision was a significant setback. On appeal, the NRC Staff argues that the ASLB relied on legal principles that are contrary to or without precedent and also asserts that the decision raises substantial questions of law, policy, and use of enforcement discretion that should be resolved by the Commission. In a reply brief from counsel, Mr. Geisen argues that the board adopted appropriate legal standards and that there is no basis for review of factual determinations.