ML19338G445

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Discusses Assault of QC Inspector Described in 800910 Daily Rept.Case Does Not Warrant Referral to DOJ Nor Further Investigative Effort
ML19338G445
Person / Time
Site: Comanche Peak  
Issue date: 09/22/1980
From: William Ward
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Seidle W
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
References
REF-SSINS-5320 NUDOCS 8010290373
Download: ML19338G445 (1)


Text

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MEMORANDUM FOR: William Seidle, RIV t..

f William J. Ward, Senior Inve...

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SUBJECT:

J0MMANCHE-PEAX.NGS. ASSAULT.0F4CINSPECTOR

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As we discussed in our telephone conversation of September 18, 1980, the subject assault as described in the September 10 Daily Raport does not appear to fall within the provisions of the recently enacted E:: tion 23S of the For this reason neither Roger Fortuna, CIA nor I feel Atomic Energy Act.

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that this matter warrants referral to the Department of Justice nor further l

Regional investigative effort.

aspects of the case:

We base this conclusion on the following 1.

The victim has declined to press charges.

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The assailant was arrested by local authorities and E

F incarcerated. Wor five days.

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The provisions of Section 235 are intended to protect E. -

inspectors from the consequences of their inspection i

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duties.

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It is arguable that the victims actions which apparently motivated the attack were within the normal scope of his inspection responsibilities notwithstanding

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the fact that they were both reasonable and laudable.

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L In summation, although we support the prosecution of assaults or intimidation l=

as described in Section 235, this would be a weak case at best and may on

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the Act.

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i William J. Ward IE NC Senior Investigator li_

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