ML19337A679
| ML19337A679 | |
| Person / Time | |
|---|---|
| Issue date: | 11/18/2019 |
| From: | George Wilson NRC/OE |
| To: | Garde B Clifford & Garde, LLP |
| George A. Wilson | |
| References | |
| IA-19-027 | |
| Download: ML19337A679 (2) | |
Text
From: Wilson, George Sent: Monday, November 18, 2019 3:27 PM To: Billie Garde <bpgarde@cliffordgarde.com>; Lemoncelli, Mauri <Mauri.Lemoncelli@nrc.gov>
Cc: 'Giuliana Brogna' <brogna.giuliana@gmail.com>; Sandy Shepherd <sshepherd@cliffordgarde.com>;
Peduzzi, Francis <Francis.Peduzzi@nrc.gov>; Solorio, Dave <Dave.Solorio@nrc.gov>
Subject:
RE: Request for Extension In the Matter Of Mr. Thomas B. Saunders IA19027 Ms. Garde, I am in receipt of your recent email regarding the request for an extension of time to decide whether to file an intervention request on behalf of your client, Mr. Sparks. The Office of Enforcement recognizes your clients interest in the final agency action as it may relate to the licensee, if any. We have also considered your stated basis for good causenamely both the resources of the agency as well your client.
Based on your stated reasons/good cause, and pursuant to Section VI of the Confirmatory Order issued to Mr. Thomas Saunders, dated October 21, 2019, I am granting your request for an extension of time until ten days after the Agency issues its final decision regarding the facts that gave rise to this matter, including any potential action against the Licensee.
If you have any questions, please contact Mauri Lemoncelli, Office of the General Counsel at 301.287.9242.
- Best, George Wilson From: Billie Garde <bpgarde@cliffordgarde.com>
Sent: Monday, November 18, 2019 2:37 PM To: Wilson, George <George.Wilson@nrc.gov>; Lemoncelli, Mauri <Mauri.Lemoncelli@nrc.gov>
Cc: 'Giuliana Brogna' <brogna.giuliana@gmail.com>; Sandy Shepherd <sshepherd@cliffordgarde.com>
Subject:
[External_Sender] Request for Extension In the Matter Of Mr. Thomas B. Saunders IA19027 Mr. Wilson, I represent Leonard Sparks, the individual who was terminated in retaliation for his engagement in protected activity by Mr. Thomas Saunders. Mr. Sparks believes that he is an aggrieved party pursuant to 10 CFR §2.309(4)(d) and his request for intervention and contention(s) would be due to be filed by November 20, 2019. However, it is our understanding that the Agency is still in the process of considering what, if any, Enforcement Action will be taken against the Licensee in this matter. The resolution of that question will bear directly on the issues/contentions that Mr. Sparks is asserting. We believe that it is in the best interest of efficiency if the Agency grant Mr. Sparks an extension on his right to timely file a request for intervention in the abovestyled case until the Agency issues its final decision regarding this incident, which we believe is currently under consideration.
In a November 4, 2019 email to Ms. Lorraine Baer inquired about [w]hat action, if any, is being taken against the Licensee (and other employees) for its failure to take any meaningful or corrective actions I was told that The NRC is still deliberating and finalizing its decisions. The information will
become publicly available after the agency has reached its final decision. I believe that preserving Agency resources, as well that of my client, under these circumstances establishes good cause for a brief delay. I request that the Agency grant Mr. Sparks until ten days after the Agency issues its final decision regarding the facts that gave rise to this matter to make a decision on whether to request intervention in this matter.
Thank you very much for your timely attention to this matter.
Billie Garde Clifford & Garde,LLP NEW ADDRESS 1828 L Street, NW Suite 600 Washington, D.C. 20036 (202) 2806116 direct (202) 2559670 cell The only thing necessary for the triumph of evil is for good men to do nothing. Edmund Burke