ML20045D711
| ML20045D711 | |
| Person / Time | |
|---|---|
| Issue date: | 06/10/1993 |
| From: | Robert Davis NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20045D702 | List: |
| References | |
| 93-01-PF, 93-1-PF, 93-673-01-PF, 93-673-1-PF, NUDOCS 9306290339 | |
| Download: ML20045D711 (14) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Law Judge l
Morton B.
Margulies l
)
In the Matter of
)
Docket No. : 93-01-PF
)
LLOYD P.
ZERR
)
ASLBP No. 93-673-01-PF
)
)
NRC RESPONSE TO DEFENDANT'S DISCOVERY REOUEST l
1.
State with particularity the facts and circumstances l
relied upon by the NRC to support the allegations in the Complaint in Paragraphs 4-123, inclusive.
OBJECTION:
The NRC objects that Discovery Request No. 1 is unduly burdensome.
A response would be largely duplicative of l
l the information which has been provided by the NRC in the lengthy and particularized complaint and by.the production of the investigative report and related documents (including reports of interviews of witnesses) upon which the allegations.in the complaint are based.
2.
Provide the name, home and business addresses, home and business telephone numbers, job assignment (if applicable),-of all witnesses to the events alleged in the Complaint.
i OBJECTION:
The NRC objects to identification of the home address and home telephone numbers of'the witnesses who are employed by.the NRC' inasmuch as such identification is.
i unnecessary and irrelevant.
Moreover, identification of home addresses and home telephone numbers of current and former NRC 9306290339 930623
[3 NRCGy PDR ORG
l l
l i l employees from NRC records would be contrary to privacy protections for Federal employees, chiefly the Privacy Act of l
1988, 5 U.S.C.
552a, absent an appropriate judicial or administrative order.
The NRC will provide the business addresses and telephone numbers of current NRC employees with the list of NRC witnesses provided in response to this discovery request.
The NRC objects to the production of addresses and l
telephone numbers for the listed witnesses who are not current or i
former NRC employees since the NRC has already produced the documents to the Defendant from which are the best source of such information in the possession of-the NRC.
i
RESPONSE
)
U.S.
Nuclear Reculatory Commission (Headauarters)
Mailina Address:
Washington, D.C.
20555 Street Address:
OWFN, 11555 Rockville Pike, Rockville, MD 20852 FRANK P. GILLESPI, Director Project Mgmt7 -Policy Development- &- Analysis Staff-Office of Nuclear Reactor Regulation 301/504-1275 JOHN MENNING Project Directorate I-1 Office of Nuclear Reactor Regulation 301/504-1406 JOHN E.
SILVERIA Travel Mgmt. Branch Division of Accounting & Finance Office of the Controller 301/504-2188 MARY M. MATHESON Travel Mgmt. Branch Division of Accounting & Finance Office of the Controller 301/504-2034
-3 PATRICIA A.
CORVELLLI Travel Management Branch i
Division of Accounting & Finance Office of the Controller 301/504-2298 Street Address:
7735 Old Georgetown Road, Bethesda, MD 20C14 KENNETH E. BROCKMAN, Chief Incident Response Branch Office for Analysis &
301/492-4193 Evaluation of Operational Data CAROLYN C. MILLER, Chief Travel Mgat. Branch Division of Accounting & Finance Office of the Controller 301/492-8331 Street Address:
4350 East West Highway, Bethesda, Maryland 20814 RONALD G.
FIELDS Office of the Inspector General 301/492-4455 U.S. Nuclear Reculatory Commission (Reaion II) 101 Marietta Street, Suite 2900 Atlanta, GA 30323 ALAN-R. HERDT, Chief -
Reactor-Project Branch #3 Division of Reactor Projects, Region II 404/331-5583 MARVIN V. SINKULE, Chief Reactor Project Branch #2 Division of Reactor Projects, Region II 404/331-5506 ELLIS W. MERCHOFF, Director Division of Reacter Projects 404/331-5179 THOMAS A. PEEBLES, Chief Operations Branch Division of Reactor Safety 404/331-5541
J
. L.
RANDOLPH MOORE Engineering Branch Region II j
404/331-0337 l
LEIGH TROCINE j
Resident Inspector Region II l
Turkey Point Nuclear Power Plant 305/245-7669 JAMES S.
HUNTER Engineering Branch, RII 404/331-6672 KENNETH W. HENDRICKS Budget Clerk Resource Management Branch, RII l
404/331-6564 l
RANDALL A. MUSSER NRC Resident Inspector Browns Ferry Nuclear Power Plant
[former Acting SRI at Hatch (4/20/90-8/26/90)]
205/729-6196 l
LEONARD D. WERT, Jr.
NRC Senior Resident Inspector (as of 8/26/90)]
Hatch Nuclear Power Plant 912/367-9881 FORMER NRC EMPLOYEES:
~
THERESA SPEARMAN Former Personnel Officer, NRC Region II, who reportedly now works i
for the Department of Health & Human Services, at 101 Marietta Street, Atlanta, GA 30323.
ALICE WOODLEY Former Secretary, Division of Reactor Safety.
NON-NRC WITNESSES DAVID L. EDGE Nuclear Security Mgr.
Hatch Nuclear Power Station RUTH ANNE LAMANTIA Community Director Clairmont Apartments l
Li n
.+s -LEIGH SMITH Assistant Manager clairmont Apartments REGINA C.
HAUPT I
Area Sales Supervisor Cort Furniture Rental BRUCE WEISS Credit Mgr.
Cort Furniture Rental ANN LOVINS Owner / Broker ERA Lovins Realty DEBBIE GITTHENS, Supervisor Multi Monthly Rental Dept.
Hertz Corporation 3.
List and attach copies to your answer of all regulations applicable to the main office or the Hatch area concerning overtime pay, lunch pay, and' commute' time pay, as were applicable prior to and including the dates in the' Complaint.
RESPONSE
The NRC will produce a. copy of the requested regulations.
The NRC notes, however, that-Federal Travel Regulations -are published in-the-Federal-Register -and the Code-of Federal Regulations.
A copy of the regulations collected to date will be produced with these responses.
The NRC is continuing to search for any additional changes or regulations that may have been applicable during the period of Defendant's rotational assignment in Region II and at Hatch.
4.
Identify all error reports and attach copies of each concerning the computer " log" for admission to the protected area l
at Hatch.
RESPONSE
Upon information and belief, the NRC has already produced the documents that it has relating to the computer " log"
-l n
g
. for admission to the protected area at Hatch during Pay Periods 9,
10 and 11 in 1990.
5.
Provide a detailed site plan for Hatch identifying all locations within and outside the protected area specifying the nature activity [ sic) at each location.
OBJECTION:
The NRC objects to the extent that the request calls for a level of detail regarding the site plan for Hatch that would involve classified or sensitive information.
RESPONSE
The NRC will produce a copy of a site plan for Hatch that is available for public disclosure.
6.
Identify and list all employees at Hatch, both local and NRC, during the relevant time of the Complaint.
OBJE_CTION:
The NRC objects to the request to the extent that it calls for the listing of all employees at Hatch as overly broad and burdensome and not calculated to lead to the discovery of admissible evidence.
Moreover, this part of the request was more properly-directed -to the Georgia Power Company which would have control and custody of such information.
7.
Identify each supervisor and the chain of command for each supervisor during the career of Lloyd Zerr at the NRC.
OBJECTIOH:
The NRC objects to this request as overly broad and unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence insofar as it seeks information beyond the relevant time periods of the alleged false l
claims and chains of command for such supervisors.
RESPONSE
Without waiving this objection, the NRC has made l
a diligent effort to identify and provide a list of the l
1
.S
.- supervisors of Lloyd Zerr during his tenure at the NRC and at j
least the immediate superior of the supervisor.
Based on information obtained to date, the NRC provides the following list:
8/23/87 to 12/4/88 - Patrick Baranowsky, Chief, BWR Section, Events Assessment Branch, Division of Operational Events Assessment, Office of Nuclear Reactor Regulation, who reported to Wayne D. Lanning, Branch Chief, Events Assessment Branch.
12/4/88 to 8/28/89 -
Daniel R. Muller, Director, Project Directorate III-2, DRSP, Office of Nuclear Reactor Regulation, who reported to-Martin J. Virgilio, Acting Assistant Director, DSRP.
8/29/89 to 3/30/90 - Ellis Merschoff, Deputy Director, Division of Reactor Safety,. Region II, who reported to l
Albert F. Gibson, Director, Division of Reactor Safety.
3/31/90 to 9/30/90 Kenneth W.
Brockman, Chief, Section 3B, Division of Reactor Projects, Branch 3, l
Region 2, who reported to Alan R. Herdt, Division of Reactor Projects; also the Senior Resident Inspectors at Hatch during parts of this period, John Menning (4/1 to 4/20/90, Randall A. Musser (Acting SRI 4/20/90 to 8/26/90) and Leonard Wert (8/26/90 to.9/30/90), all of whom reported to Kenneth W. Brockman.
l
-10/1/90 -to- 04 /3 0/91- -- Thomas-Sc Moore rAdministrative l
Judge-Legal, and Howard A. Wilber, Administrative Judge-Technical, ASLAP, Atomic Safety & Licensing Appeal Panel ("ASLAP"), who reported to. Christine N.
j Kohl, Chairman, ASLAP.
5/91 to 2/7/92 Robert Gramm, Chief, Team Inspection Section, Special Inspect. ion Branch, Division of. Reactor Inspection & Safeguards, Office of Nuclear Reactor Regulation, who reported to Eugene Imbro, Chief, Special r
Inspections Branch.
I It should also be noted that the Defendant was employed in the Intern Program'of the office of Nuclear Reactor Regulation
("NRR") from December, 1988 until May, 1991, during which time the Defendant engaged in various rotational. assignments.
On inforaation and belief, the supervisors identified were the I
i.
o
- principal supervisors in connection with those assignments.
During this internship, Defendant also had certain l
l responsibilities to the Intern Progres of the Office of the Director, NRR, in which the chief authority for Defendant's l
l internship was Frank Gillespie, identified above.
l l
8.
Provide job specifications and information regarding l
l each supervisor concerning the issue of approval of overtime pay.
l EESPONSE:
In response to Discovery Request No.
3, the NRC is producing copies of regulations which should be responsive to this request.
The NRC will also produce copies of job i
l descriptions for supervisory positions in Region II listed in response to Interrogatory No.
7.
9.
Identify each payment made by Lloyd Zerr to NRC regarding any alleged discrepancies regarding travel, including each amount due to Lloyd Zerr but either credited, withheld, or delayed by the NRC.
RESPONSE
On information and belief, Defendant has not_made i
any such direct payments.
However, the NRC has withheld a payroll check in the aruount of $3404.84.
The NRC has also J
withheld payment on a travel voucher.
The NRC has sought by invoice $7454.57 as restitution in satisfaction of the Pretrial Diversion Agreement of Defendant.
Defendant also has an invoice travel advance balance (pertaining to FY 88) of $1600.00, which when added to the amount of the invoice for restitution, totals $9054.75 that is owed by
, Defendant to the NRC.
This amount owed will be reduced by the following:
3404.84 Payroll Check Withheld 1900.65 Allowable Costs From Travel Voucher FY 88 ($1600 advance) 5886.30 Allowable Costs for Reclaim Voucher for Long-term Rotational Assignment (submitted 3/12/93) 11,191.79 Total Not Paid to Defendant Thus, the NRC expects that it will be paying the Defendant
$ 2137.22 ($ 11,191.79 - 9,054.75).
10.
Identify and attach to your answers the inspection qualifications manual for Resident Inspector Interns.
RESPONSE
A copy of the NRC inspection qualifications manual will be produced.
11.
Identify and provide the time sheets for each and every Resident Inspector at Hatch during the relevant time of the Complaint.
RESPONSE $
The NRC will produce the time sheets for Resident Inspectors at Hatch during at least Pay Periods 9, 10 and 11 in 1990.
Those time sheets that NRC counsel has been able to obtain to date will be produced along with these responses.
NRC is endeavoring obtain additional time sheets for production.
12.
Identify and attach copies of each statement made by Lloyd Zerr to any agent or official of the United States Government in connection with this matter.
OBJECTION:
The NRC objects to the extent this request would call for a copy of any notes made by an Assistant United States Attorney for the Southern District of Georgia in connection with
.~
. I a meeting with Mr. Zerr inasmuch as such notes are protected as attorney work-product.
Moreover, the NRC does not have custody or control over the papers of the United States Attorney.
RESPONSE
On information and belief, the NRC does not have copies of statements made to the NRC by Defendant not already in possession of the Defendant.
13.
Ident.fy and attach copies of any payments made pursuant to the-Pre-Trial Diversion Agreement in Georgia involving the United States Government and Lloyd Zerr.
RESPONSE
See the response to Discovery Request No.
9.
14.
Identif's and attach copies of any photographs of furniture relevant to the Complaint in the possession of the United States Government.
RESPONSE
The NRC will produce copies of the photographs in its possession.
15.
Notice is hereby given that all government witnesses may-be-interviewed by counsel at-a-time to be scheduled.
RESPONSE
The NRC agrees to provide interviews of government witnesses on reasonable terms provided that the NRC is permitted to take the deposition of Defendant, Lloyd P.
Zerr.
The NRC has informally agreed to grant requests for informal interviews of government witnesses with counsel for the NRC present or participating in a telephonic interview.
However, the i
NRC will not be responsible for any travel costs that might be associated with the conduct of such interviews.
The NRC understands that these will not be transcribed interviews and therefore the substance thereof should not be admissible at the 1
mm m.- m
^
I s
^
e mm.-- hearing of this matter.
In light of the lack of specificity regarding the witnesses ano their requested interviews, the NRC preserves the right to object to the timing, number, scope and length of such interviews.
16.
Provide all documentation and identify the U.S.
Attorney in Maryland involved in the decision not to prosecute.
OBJECTION:
The-NRC objects to this' request on the ground that it calls for disclosure of attorney work-product.
As noted in the letter dated April 15, 1993,.from counsel for the NRC to counsel for the Defendant, the NRC has withheld from production a letter dated July 11, 1991, from W. Warren Hamel,-Assistant United States Attorney, District of. Maryland, to William H.
McAbee, II, Chief of Criminal Division, United States Attorneys Office, Southern District of Georgia, on the ground of attorney work-product.
Moreover, the NRC does not_have custody or control over papers in possession of offices.of the United States Attorneys.- Any documentation ~in the possession of-the NRC which-was involved in consideration of prosecution by the United States Attorney in'the District of Maryland has already been produced to Defendant.
Respectfully submitted, EWlO 264er/ K. Davis -
Daryl M. Shapiro Office of the. General Counsel U.S.
Nuclear Regulatory Commission Mail Stop 15-B-18 Washington, D.C.
20555 Tel. 301/504-1606 DATED:
June 10, 1993
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- 12 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing.NRC Response to Defendant's Discovery Request was mailed, first class, postage prepaid, this loth day of June, 1993, to Timothy E.
Clarke, 5 North Adams Street, Rockville, MD 20850.
N&
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L R6 gel f. Davis
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o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Law Judge Morton B.
Margulies
)
In the Matter of
)
Docket No. 93-01-PF
)
LLOYD P.
ZERR
)
ASLBP No. 93-673-01-PF
)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing "NRC Opposition to ' Respondent's Response to NRC Objections'" was served upon the following persons by U S.
mail-first. class, except as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 23rd day of June, 1993.
Morton B. Margulies*.
Lloyd P.
Zerr Chief Administrative Law 718 13th Street, NE Judge Washington, DC.20002 Atomic Safety and Licensing Board, Mail Stop EW-439 Timothy E.
Clarke, Esq.
U'.S.
Nuclear Regulatory --
~
-5~ North Adams-Street
' - - ~ ~ '
Commission Rockville, MD 20850 Washington, DC 20555 (original plus two copies)
Office of Commission Appellate Adjudication
- U.S.
Nuclear Regulatory Commission Washington, DC 20555 ll
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l R6 gen >K.
Davis
~
U.S.
Nuclear Regulatory Commission Office of the General Counsel Mail Stop 15 B18 Washington, DC 20555 Tel. 301/504-1606 Attorney for the NRC
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i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Docket No. 93-01-PF In the Matter of Lloyd P.
Zerr ASLBP No. 93-673-01-PFC CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing'"NRC OPPOSITION" in the above-captioned proceeding have been.
served upon the following persons by U.S.
Mail first class, except as otherwise noted, this 25th dry of June 1993:
office of. Commission Appellate Adjudication U.S.
Nuclear Regulatory Commission Washington, D.
C.
20555 Roger K.
Davis, Esq.
Daryl M.
Shapiro, Esq.
Office of the General Counsel Mail Stop 15 B 18 U.S.
Nuclear Regulatory Commission Washington, D.
C.
20555 Morton B.
Margulies Chief Administrative Law' Judge Mail Stop EW-439 U.S.
Nuclear Regulatory Commission Washington, D.
C.
20555 Lloyd P.
Zerr 718 13th Street, N.E.
Washington, D.
C.
20002 Timothy Clarke, Esq.
5 North Adams Street Rockville, Maryland 20850 m Yl Jnmes M.
Cutchin V