ML021000120

Proposed Order Striking Vigluicci and Marquand from NRC Staff'S Witness List and NRC Staff Exhibit Nos. 51 and 52 as Well as Other Transcripts Prepared by the NRC Staff of Conversations Recorded by Gary Fiser Are Excluded

ML021000120
Person / Time
Site:	Browns Ferry, Watts Bar, Sequoyah
Issue date:	04/05/2002
From:	Slater J Tennessee Valley Authority
To:	Office of Nuclear Reactor Regulation
Byrdsong A
References
+adjud/rulemjr200506, 50-259-CIVP, 50-260-CIVP, 50-296-CIVP, 50-327-CIVP, 50-328-CIVP, 50-390-CIVP, ASLBP 01-791-01-CIVP, EA-99-234, RAS 4247
Download: ML021000120 (3)

Text

DOCKETED USNRC UNITED STATI ES OF AMERICA NUCLEAR REGULA TORY COMMISSION April 8, 2002 (3:56PM)

ATOMIC SAFETY AN VD LICENSING BOARD OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF IN THE MATTER OF ) Docket Nos. 50-390-CivP;

) 50-327-CivP; 50-328-CivP; TENNESSEE VALLEY AUTHORITY ) 50-259-CivP; 50-260-CivP;

) 50-296-CivP

)

(Watts Bar Nuclear Plant, Unit 1; ) ASLBP No. 01-791-01-CivP Sequoyah Nuclear Plant, Units 1 & 2; )

Browns Ferry Nuclear Plant, ) EA 99-234 Units 1, 2, & 3) )

ORDER Pursuant to 10 C.F.R. § 2.730 (2001) and paragraph 4 of the February 13, 2002, fourth preheating conference order, the Tennessee Valley Authority (TVA) filed a motion in limine, requesting the Board to strike Edward J.

Vigluicci, Esq., and Brent R. Marquand, Esq., as witnesses from the Nuclear Regula-tory Commission (NRC) Staff's March 29, 2002, proposed witness list. TVA also moved for an order excluding NRC Staff exhibit Nos. 51 and 52 and other transcripts prepared by the NRC Staff of conversations recorded by Gary Fiser and exhibit Nos. 182, 187, and 189 regarding grievance, selection, and reduction-in-force policies.

Having considered TVA's motion, supporting declarations and other evidentiary submissions, and brief, and the NRC Staff's opposition to the motion, the Board is of the opinion that the motion is due to be granted. Accordingly, it is hereby ORDERED that Vigluicci and Marquand are stricken from the NRC Staff's witness eoMp/ lafez- seck- -sgc secq_ op

list, and NRC Staff exhibit Nos. 51 and 52 and other transcripts prepared by the NRC Staff of conversations recorded by Gary Fiser are excluded.

Pursuant to 10 C.F.R. § 2.713, even though the NRC Staff has named Mr. Marquand as a potential witness in this matter, the Board further finds that Mr. Marquand may continue his representation of TVA in this proceeding consistent with all ethical constraints and with Disciplinary Rule 5-101 and 5-102.

DONE this _ day of _ _, 2002.

CHARLES BECHHOEFER, CHAIRMAN Administrative Judge Ann Marshall Young Administrative Judge Richard F. Cole Administrative Judge 003693611 2

CERTIFICATE OF SERVICE I hereby certify that the foregoing motion in limine (with attached declarations and excerpts from the PEC conferences and from Dr. McArthur's deposition), proposed order, and supporting brief have been served by overnight messenger on the Board members and NRC Staff and by regular mail on the other persons listed below. Copies of the motion, proposed order, and brief, less the attachments which are being sent either by overnight or regular mail, have also been sent by e-mail to those persons listed below with e-mail addresses.

Administrative Judge Administrative Judge Charles Bechhoefer, Chairman Richard F. Cole U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel Two White Flint North Two White Flint North 11545 Rockville Pike 11545 Rockville Pike Rockville, Maryland 20852-2738 Rockville, Maryland 20852-2738 e-mail address: cxb2@nrc.gov e-mail address: rfclinrc.gov Administrative Judge Dennis C. Dambly, Esq.

Ann Marshall Young Jennifer M. Euchner, Esq.

U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Panel Office of the General Counsel Two White Flint North One White Flint North 11545 Rockville Pike 11555 Rockville Pike Rockville, Maryland 20852-2738 Rockville, Maryland 20852-2738 e-mail address: amy~nrc.gov e-mail address: dcd~nrc.gov e-mail address: jme~nrc.gov Office of Commission Appellate Adjudication Mr. William D. Travers U.S. Nuclear Regulatory Cormmission Executive Director of Operations One White Flint North U.S. Nuclear Regulatory Commission 11555 Rockville Pike One White Flint North Rockville, Maryland 20852-2738 11555 Rockville Pike Rockville, Maryland 20852-2738 This 5th day of April, 2002.

J Attorney for TVA 4