ML20043C576
| ML20043C576 | |
| Person / Time | |
|---|---|
| Issue date: | 07/03/1989 |
| 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 9006050346 | |
| Download: ML20043C576 (2) | |
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July 3, 1989 i
MEMORANDUM FOR:
Chairman Carr Commissioner Roberts Commissioner Rogers Commissioner Curtiss FROM:
. Alan S.Rosenthal l
SUBJECT:
M ESTIGATIONS Attached is my report in connection with Investigation 89-15, one of the investigations initiated (as an inquiry) by the then Office of Inspector and Auditor (OIA) that, because it involved the Office of Investigations, was transferred to me or. February 28, 1989.
In accordance with established OIA practice, one copy of the underlying documents (referred to in the report as " attachments") is being simultaneously furnished to the Chairman's office.
It is, of course, for the Commission to determine the appropriate dissemination of the report.
n Y4 5 With the submission of this report, I have continuing responsibility only for that portion of Investigation 89-02 as was not covered in my May 2, 1989 report.
As the Commission is aware, I cannot bring that investigation to a close pending the outcome of the judicial proceeding to enforce the subpoena ducas tecum that was issued at my request for the purpose of obtaining any tapes in the possession of Stephen B. Comley of recorded telephone conversations between Mr. Comley and Roger A. Fortuna.
On that score, a federal district judge in Boston ruled from the bench afte a hearing on June 22, 1989 that the subpoena is enforceable.
To enable Mr. Comley to seek a stay of that ruling pending an appeal to the federal court of appeals, the judge directed in his enforcement order that the tapes l'
be provided (at the United States Attorney's office in Boston) at 10:00 a.m. on July 10, 1989.
Assuming (as I do) l Information in this record Ms (!cleted
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2 that no stay is obtained, I thus should learn in a week whether Mr. Comley has tapes of conversations with Mr.
Fortuna.
If so, the tapes should be in my possession the following day, July 11.
When I will be able to complete Investigation 89-02 and render my final report obviously will hinge upon whether I obtain tapes and, if so, whether they suggest additional areas' of inquiry.
If at all possible, I would like to be able to render the report by the end of July.
Although the delay to date has been beyond my control, I appreciate that it is in the interests of all concerned, including Mr.
Fortuna, to bring this matter to a conclusion as soon as possible.
Attachment:
As stated.
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