IA-89-258, Forwards Ltr from Solicitor to Appropriate DOJ Official, Informing of Subpoena for Matl Re Commission Order Directing Immediate Facility Shutdown in 1987 & Subj Subpoena for Review.Requests to Complete Search for Documents by 890605

Forwards Ltr from Solicitor to Appropriate DOJ Official, Informing of Subpoena for Matl Re Commission Order Directing Immediate Facility Shutdown in 1987 & Subj Subpoena for Review.Requests to Complete Search for Documents by 890605

ML20247P874
Person / Time
Site:	Peach Bottom
Issue date:	05/18/1989
From:	Mullins C NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Gutierrez J, Kane W, Letts B, Martin R, Matakis R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INVESTIGATIONS (OI), Office of Nuclear Reactor Regulation
Shared Package
ML20247P696	List: IA-89-258, Forwards Ltr from Solicitor to Appropriate DOJ Official, Informing of Subpoena for Matl Re Commission Order Directing Immediate Facility Shutdown in 1987 & Subj Subpoena for Review.Requests to Complete Search for Documents by 890605 ML20247P693 ML20247P832 ML20247P874
References
FOIA-89-258 NUDOCS 8908040321
Download: ML20247P874 (1)

Text

,

a May 18, 1989 l 1

NOTE TO: Robert E. Martin, NRR/PD12 j

Jay Gutierrez, RGN-I 1 William F. Kane, RGN-I .

Barry Letts, OI, HQ (

l Rich Matakis, OI, RGN-I f t; h FROM: Charles E. Nullins, OGC 1 i u

i FUBJECT: SUBPOENA REQUEST FOR PEAC,p BOTTOM MATERIAL The NRC has received a subpoena for mater $al relating to the commission's order directing an immediately effective shutdown of ,

the Peach Bottom facility in 1987. The subpoena was submitted by <

l the plaintifft in a stockholder derivative action against the i management of FECo for allegedly failing to manage the utility

" prudently." As you are also no doubt aware, OI has referred the j

results of two investigntionc to the DOJ for its review and possible prosecution of potential violations of federal law. Many of the documents sought by the subpoena were submitted to DOJ as a part of the OI package and thus cannot be released by the NRC i until DOJ grants its tpproval. Attached is a copy of a letter from the Solicitor to the appropriate official in DOJ informing j him of the subpoena and seeking his comments. Attsched to that  !

letter is a copy of the subpoena for your review.

Phile ne have agreed not to release any dccument in response to  !

the subpoena until we receive DOJ's comments, we expect that at f some point in the near future we n,',11 release those documents which are not a part of the OI-Dbo package. It is my understanding that most if not all such documents are in the y.wlic domain, presumably at the local PDR in Harrisburg or the main PDR in downtown Washington, D.C. By this note I am l requesting that you - or the appropriate person in your organization commence a search for documents which are responsive to the subpoena and which are not in the PDR. 40TE:

I l The subpoena states that unless ctherwise indicated, the subpoena '

seeks only documents generated after January 1, 1986. See

I l

Subpoena at Page 4. Try to have this search completed by c.o.b.

If there is a problem with thii date, please let Monday, June 5.

me know.

If you have any questions in this regard, please feel free to call me at 492-1606.

Attachments As stated 890BO40321 890731 .

PDR FOIA D CLAIRB9-258 PDR - #

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