ML19254B257
| ML19254B257 | |
| Person / Time | |
|---|---|
| Site: | Surry  |
| Issue date: | 07/18/1979 |
| From: | Shapar H, Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | |
| Shared Package | |
| ML19254B258 | List: |
| References | |
| REF-10CFR9.7 SECY-79-442, NUDOCS 7909270024 | |
| Download: ML19254B257 (3) | |
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i UNITED STATES NUCLEAR REGULATORY COMMISSION O
July 18, 1979 WASHINGTON, D. C. 20555 SECY L12 CONSENT cal.ENDAP. ITEM For:
Tha Comissioners Frem:
Howard K. Shapar Executive Legal Director Victor Stello, Jr., Director Office of Inspection and Enforcement Thru:
Executive Director for Operation
Subject:
GNE-TIME SUBPOENA AUTHORITY FOR S RY REACTOR SABOTAGE INVESTIGATION Purcose: '
To authorize the Secretary to issue subpoenas, at the request of the Director of Office of Inspection and Enforcement, to the indi-viduals who allegedly damaged the fuel rod assemblies at the Surry reactor site.
Discussien: William E. Kuykendall and William Merrill have admitted causing the damage to the fuel rods at the Surry facility in order to bring attention to public health and safety hazards at that facility. NRC inspectors attempted to interview thest individuals.about their health and safety allegations.
The in:.pectors were referred to their attorneys. Mr. Richard Ben-Veniste, attorney for '41111am E. Kuykendall,.
has infonned Region II:
"In view of the pendency of the criminal charges against my client, hcwever, I must c::ndition such an interview upcn ycur assurance that the NRC will not furnish any P ? ~ I~}
portion of the int 5rview directly or indirectly to any federal or state law enforcement agency. As you may knew, the Federal Bureau of Investigaticn has been working cuite l
closely with the Ccmonwealth Attorney's Office in cen-j?;
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necticn with the criminal charges new pending.
It would i'
be, therefore, most inappropriate for counsel to permit any interview at this tim which might find its way in the files of the prosecution."
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Mr. Maurice Nessen has adcptad the same position with respect to his client, Mr. Merrill.
If the NRC granted the assurances recuested by Mr. Sen-Veniste, it would place this agency in the position of having to deny all recuests CONTACT:
g;j' Mu"27. ca 1044 345 SECY NOTE:
This paper is icentical :o acvance ccoies which were circulated to Ccmissicn offices :n July 13, 1979.
7909270b
made by the FBI and the prosecutors of the Comanwealth of Virginia, including grand jury proceedings, for information concerning the allegations.
Apart from the question of the legality of such an agreement, the staff does not believe, as a matter of policy, that such sweeping assurances should be afforded in the particular circumstances of this case.- For example, it seems anomalous indeed for these individuals to publicly allege health and safety hazards, then refuse to discuss the hazards with NRC inspectors unless we agree not to attribute the allegations to them.
However, we believe we should make every attempt to obtain the infonnation necessary to verify these allegations. Accordingly, we request that the Comission authorize the Secretary to issue subpoenas under authority of 1161(c) of the Act as may be necessary to carry out the IE investigation.*
subpoena so issued could be success / It is conceivable that any fully resisted on 5th amendment grounds. Nevertheless, the Commission would have done everything within its power to obtain the information.
Coordination: The Office of General Counsel concurs in this recomendation.
Howard K. Shapar Executive Legal Director 7_
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Victer Stello, Jr., Director Office of Inspection and Enforcement C.
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This Comission and its predecessor have not, so far as we have been able to detennine, issued 161(c) subpoenas to assist in regulatory investigations.
The subpoena power has been delegated to the Comission's licensing boards, and to the Comission's TMI investigation group.
1044 346 Commissioners' comments or consent should be provided directly to the Office of the Secretary by c.o.b. Friday, July 20, 1979.
Commission Staff Office comments, if any, should be submitted to the Commissioners NLT July 21, 1979, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION Commissioners Commission Staff Offices Exec Dir for Operations ACRS Secretariat i
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1044 347
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