ML18046A333
| ML18046A333 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 01/22/1981 |
| From: | Stephen Burns NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-CIV, NUDOCS 8101260523 | |
| Download: ML18046A333 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of CONSUMERS POWER COMPANY (Palisades Nuclear Power Facility)
)
)
)
)
)
)
Docket No. 50-255 (Civil Penalty) t
- g;;
- '2:.
. f\\J
. '.\\.:);_j.
NRC STAFF'S APPLICATION FOR A SUBPOENA On Januar.v 13, 1981, the NRC Staff served a Notice of Deposition of Fred Leckie on Consumers Power Company and Mr. Leckie.
Mr. Leckie had agreed at that time to appear in his offices on February 2, 1981, for an oral deposition to be conducted by counsel for the NRC Staff.
On January 21, 1981, Mr. Cupps, counsel for Mr. Leckie, informed the NRC Staff that Mr. Leckie is unavailable for *deposition on February 2nd and will not testify at a deposition unless he is compelled to appear by subpoena.
Mr. Leckie's testimony is relevant to this proceeding because he, on behalf of Nuclear Containment Systems, Inc., was apparently under contract to Consumers Power Company in April 1978 to test the replacement filters in penetration 4a.
Penetration 4a is also the location of the manual containment isolation valves whose discovery in a locked-open condition on September 11, 1979 led to the imposition of civil penalties for the period of April 1978 through September 1979.
Mr. Lec_k i e has al so deve 1 oped procedures for use by Consumers Power Company and has apparently conducted other fi~ter replacement and testing operations' at the Palisades facility. In that Mr. Leckie may have knowled9e of facts which bear on the alleged violations by Consumers Power Company of its Palis~des license, his testimony is clearly relevant and discoverable in this proceeding.
Counsel for Mr. Leckie has informed the NRC Staff that Mr. Leckie is available*for deposition on February 9, 1981.
Counsel for Consumers Power
-.co r.'if,
. ::::r..1
-: *:.o.
t ftJi:
(.~~":
~~
~?I.
-~.......
~~-
!. has informed the NRC Staff that the February 9th date is acceptable to Consumers.
. The NRC Staff requests that the Administrative Law Judge,pursuant to 10 C.F.R. 2.720, issue a subpoena requiring the attendance and testimony of Fred Leckie at a deposition to be conducted at his offices at 1225 Dublin Road, Columbus, Ohio, on February 9, 1981, at 9:30 a.m. and requiring the production of documents in his possession concerning his activities at the Palisades facility related to filter testing and replacement.
The NRC Staff has attached a subpoena for the Administrative Law Judge's signature.
The NRC Staff will serve the signed subpoena on Mr. Leckie by registered mail as provided in 10 C.F.R. 2.720(c). Copies will be served on Consumers Power Company and counsel for Mr. Leckie.
Dated at Bethesda, Maryland this 22nd day of January, 1981.
Respectfully submitted~
~&.~
Stephen G. Burns Counsel for NRC Staff
UNITED STATES OF AMERICA NUCLEAR REGULATORY C01+1ISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of CONSUMERS POWER COMPANY (Palisades Nuclear Power Facility)
)
)
)
)
)
Docket No. 50-255 (Civil Penalty)
CERTIFICATE OF SERVICE I hereby certify that copies of the NRC STAFF'S APPLICATION F0R A SUBPOENA OF FRED LECKIE in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk, through deposit in the Nuclear Regulatory Corrmission's internal mail system, this 22nd day of January, 1981.
Hon. Ivan W. Smith*
Administrative Law Judge Atomic Safety & Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Alan Bielawski, Esq.
Isham, Lincoln & Beale One First National Plaza Suite 4200 Chicago, Illinois 60603 Paul Murphy, Esq.
Michael Miller, Esq.
Isham, Lincoln & Beale One First National Plaza Suite 4200 Chicago, Illinois 60603 Judd Bacon, Esq.
212 W. Michigan Avenue Jackson, Michigan 49201 Mr. Fred Leckie Nuclear Containment Systems, Inc.
1225 Dublin Road Columbus, Ohio 43215 David Cupps, Esq.
Vorys, Sater, Seymour & Pease 52 E. Gay Street Columbus, Ohio 43215 Docketing & Service Section
- U. S. Nuclear Regulatory Comnission Washington, D. C. 20555 Atomic Safety & Licensing Board Panel*
U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Atomic Safety & Licensing Appeal Panel*
U. S. Nuclear Regulatory Commission Washington, 0. C. 20555 Stephen G. Burns Counsel for NRC Staff
- e.
Bnfttb &tatts nf Amtrfra NUCLEAR REGULA TORY COMMISSION
---<o~** --
In the matter of:
CONSUMERS POWER COMPANY (Palisades Nuclear Power Facility)
DOCKET NO.
50-255
{Civil Penalty)
TO Fred Leckie, President Nuclear Containment Systems 1225 Dublin Road Columbus, Ohio 43215 YOU ARE HEREBY COMMANDED to appear...i.r:t..Y.o.ur... o.ffj.c.~s... at..122~.. QuhUn. Road in the city of.. ~~J.H!1:1P.H~.lt.. Q.~.1R........................................................................................
on the.........9.tb..... day of... F.ebr.uSlrX.............. 19...8.1......at......9.~.3.0........... 0'dock A. M.
to testify on b.eltalfxd:.. ar.aJ...depQs.Utan.. ccm~er.ning... filter... testing.. and.. r.eplace-ment on behalf of or under contract to Consumers Power Company at the Palisades Nuclear Power Facility.
You sha11 bring with you any documents in your possession which pertain to these activities.
BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD ATrORNfY FOR the Nuc 1 ear Requ atory CoUJDissjon Staff
.........................................,19...........*..
Stephen G. Burns D:LEPHONE (301 ) 492-7062 10 C.F.R. l.720 (f)
On motion lflll4I promptly, mil 111.ny f!wnt
- or kfoJT thl! ttnu llpf!c:lffd 111 tltf! **bpot!JIO for complian<< by tltf! Pf!1'IOll to wllom flu.,,,_
ponu u tllnctl!d, Md on nod<< to tlw,,.,,,,.r
'MlllOll! ~
- If! *bpomo -
'--'I, tltf!
PrTlldinl offl<<r or, If ht! Ls unvalloble, thl!
Commission moy (l} q11Glll or modify tilt! aub-ptHPlll If It u lllll'f!UOIMI~ or JTquil'f!1 f!Vidf!ncf!
rtat JTle'Wlllt to *Y matter 111 lauf!, or (2) con-dition dt!""11 of thl! motion on juzt t1NI l'f!a0110bll!
~