ML20043C524
| ML20043C524 | |
| Person / Time | |
|---|---|
| Issue date: | 09/21/1989 |
| From: | Rosenthal A NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | Carr, Roberts, Rogers NRC COMMISSION (OCM) |
| Shared Package | |
| ML20042D040 | List: |
| References | |
| FOIA-90-6 NUDOCS 9006050283 | |
| Download: ML20043C524 (2) | |
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.glg UNITE D STATES 1 [-
NUCLEAR REGULATORY COMMISSION EMIMEEE 5
ATOMIC SAFETY AND LICEN$1NG APPE AL PANEL wasmoiow, o c. mes September 21, 1989 MEMORANDUM FOR:
Chairman Carr Commissioner Roberts i
Commissioner Rogers Commissioner Curtiss j
FROM:
lan S. Rosenthal
SUBJECT:
Investigation 89-02 i
I Attached is my second interim report in connection.with the above-identified investigation.
This report supplements the report that I submitted on buy 2, 1989.
As stressed throughout, it unfortunatoly does not serve to conclude the investigation.
That point cannot be reached pending the L
outcome of my endeavor, initiated six months ago, to obtain by subpoena any tapes of recorded telephone conversations between Roger Fortuna and Stephen Comley-that might be in the latter's possession.
At present, it is uncertain when that outcome will be achieved.
Mr. Comley was held in civil contempt in late July -for failing to comply with an order of the federal district court in Boston enforcing the subpoena.
As of this writing, he not merely is c w.inuing to defy the order but, as well, is not paying the fines imposed by the court for disobedience which continue to accumulate at the rate of
$1,000 per day and now total over $40,000.
The United States Attorney has taken steps designed to pave the way for the seizure of Mr. Comley's assets.
Although this endeavor should prove successful, it may not lead to Mr. Comley's r, compliance.with_the_ subpoena.,e
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2 Insofar as this interim report is concerned, it is my understanding that one or more Congressional committees may be furnished with a copy of it.
If so, I request that a commitment be solicited to the effect that the reports content not be disclosed or made available to others without the Commission's prior concurrence.
I am also hopeful that the Commission will restrict the availability of the report within the agency to those persons who have a present need to be aware of its content.
Because this is still an on-going investigation, the public disclosure of the report would be especially undesirable.
Needless to say, I will be pleased to discuss any.
aspect of the report or of any other matter relating to the investigation with a Commissioner or a member of his staff.
cc Martin G. Malsch, Acting Inspector General (with attachment) i