ML20043E569
| ML20043E569 | |
| Person / Time | |
|---|---|
| Issue date: | 12/08/1989 |
| From: | Joseph Kelly NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | |
| Shared Package | |
| ML20043E518 | List: |
| References | |
| FOIA-89-540 NUDOCS 9006130148 | |
| Download: ML20043E569 (6) | |
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IN THE NATTER OF 3
JAMES KELLEY AND NTEU FMCS Ho. 89 23367 4
VS.
NRC No. AA.61 5
NUCLEAR REGULATORY COMMISSION 6
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DEPOSITION QI JAMES KELLY
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Room 1024 U.S. NRC Region IV to 611 Ryan Plaza Drive Arlington, Texas 11
- Friday, 12 December 8, 1989 13 APPEARANCES:
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WALTER DRESSLAR, Attorney 15 3636 Executive Center Drive, Suite 201 Austin, Texas it On behalf of the Plaintiffs 17 18 JAMES E. CRADCCK. Senior Attorney J. BRADLEY FEWELL, Attorney 19 United States Nuclear Regulatory Commission office of the General Counsel 20 Washington, D. C.
20055 (301) 492-1565 21 On behalf of the Defendant 22 23 24 25 COPY f'
9006130140 900 W PDR FOIA pon OARDE09-D40
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In 2
1 9:10 a.m.
2 MR. CRADOCK:
On the record.
3 My name is James E. Cradock.
I'm a senior 4
Attorney with the Nuclear Regulatory Commission.
I'm here 5
in the matter of James Kelley and the NTEU vs. NRC, FMCS No.
NRC N'. AA-61.
6 89-23367, o
7 With me is Mr. Brad Fewell, F-e-w-e-1-1, an 8
attorney also with the Office of General Counsel, USNRC.
9 Present, also, is Walter Dresslar, Attorney for 10 Mr. Kelley and for NTEU.
11 The NRC it here pursuant to Arbitrator Don B.
12 Hays' order of November 29th, 1989, allowing a Notice of 13 Deposition and a Request for Production --
14 MR. DRESSLAR:
I'll object to that.
There was no 15 allowance in his order of November calling for a deposition.
16 MR. CRADOCK:
You can object after I finish, 17 Counselor.
18 MR. DRESSLAR:
I'll object when I want to.
19 MR. CRADOCK:
You can object after I finish.
20 Let's go off the record.
21 (Discussion off the record.)
?2 MR. CRADOCK:
Back on the record.
23 MR. DRESSLAh:
Let the record reflect that Mr.
24 Cradock was swearing at the Union's attorney.
25 MR. CRADOCK:
Are we ready to proceed?.
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1 I'm here pursuant to Arbitrator Don B. Hays' order 2
of November 28th, 1989, allowing the Notice of Deposition 3
and Request for Production of Documents for Mr. Kelley's 4
deposition to be taken today, December 8th, 1989, and for j
documents to be provided today, December 8th, 1989, at 9:00 6
o\\ clock a.m. here at Room 1024 at the NRC Regional 7
Headquarters, Region IV, in Arlington, Texas.
8 Mr. Kelley is not present.
I want the record to
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9 show that he has not appeared for the deposition and Mr.
10 Dresslar has advised me that there are no document available 11 pursuant to the production Order.
12 That is all that the NRC has for the record at 13 this point.
14 Do you have anything you want to enter on the 15 record?
16 MR. DRESSLAR:
I'd like to add just a few 17 comments.
18 Mr. Cradock is dead wrong when he says the 19 Arbitrator ordered Mr. Kelley to appear for a deposition.
20 There has been no written order.
21 The last communication from the Arbitrator was 22 that we would try to settle the matter.
As far as I know, 23 Mr. Hays has issued no order.
We have been presented no 24 order by the Arbitrator to present Mr. Kelley.
25 What I told Mr. Cradock was that there were no P
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documents concerning whistleblowing pursuant to his request 2
that the Agency did not already have copies of.
3 MR. CRADOCK:
Let the record show that I intend to 4
take the matter of Mr. Kelley's failure to appear at the 6
deposition up with Arbitrator Mays.
J 6
WR. DRESSLAR:
Did you ask Mr. Mays to order Mr.
7 Kelley present, Mr. Cradock?
8 No comment by Mr. Cradock.
9 MR. CRADOCK:
Let the record show that it's the 10 NPC's position that Mr. Hays ordered the deposition and the 11 Request for Production of Documents, as I've stated 12 previously.
13 MR. DRESSLAR:
Can you tell us when he made that 14 order?
15 HR. CRADOCK:
That's all the NRC has for the 16
- record, 17 MR DRESSLAR:
No comment by Mr. Cradock.
18 MR. CRADOCK:
It's my deposition.
We'll close the 19 record right now.
20 (Whereupon, at 9: 15 a.mi.,
the proceedings were 21 concluded.)
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2 GEBTIEIG&TE 3
4 I hereby certify that this is the transcript of the 5
DEPOSITION OF JAMES KELLEY, taken in the matter of JAMES 6
KEL$EY AND NTEU VS. NUCLEAR REGULATORY COMMISSION, FMCS No.
7 89-233767, NRC No. AA-61, held on December 8, 1989, and that 8
this is a full and correct transcription of the proceedings.
9 10 Y
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.lu Gay E. Denton, CSR 11 Certificate No. 3??2 Certificate Expires 12-31-90 12 13 14 16 16 17 18 19 20 21 22 23 24 2$
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