ML20045F902
| ML20045F902 | |
| Person / Time | |
|---|---|
| Issue date: | 07/07/1993 |
| From: | Margulies M Atomic Safety and Licensing Board Panel |
| To: | Zerr L AFFILIATION NOT ASSIGNED |
| References | |
| 93-01-PF, 93-1-PF, 93-673-01-PF, 93-673-1-PF, NUDOCS 9307090168 | |
| Download: ML20045F902 (5) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED ATOMIC SAFETY AND LICENSING BOARD US NRC ALJ Before Administrative Law Judge ggg y ggg Morton B. Margulies
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)
In the Matter of
)
Docket No. 93-01-PF
)
LLOYD P.
ZERR
)
ASLBP No. 93-673-01-PF
)
)
July 7, 1993 Summarv of Rulinas Made on Discovery Motions and Schedulina at Oral Araument on July 1, 1993 Pursuant to an order of June 24, 1993, oral argument was heard on July 1, 1993, at Bethesda, Maryland on discovery motions filed by the parties.
Rulings were made on the record as to the contested discovery requests and on further scheduling for t'te proceeding.
The following is a summary of the rulings.
A.
Defendant Zerr's request for discovery, served June 8, 1993.
1.
State with particularity the facts and circumstances relied upon by the NRC to support the allegations in the Complaint in Paragraphs 4-123, i nclusive.
RULING:
Request denied.
Requisite discovery information was provided.
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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.
RULING:
Request denied.
Requisite discovery information was provided.
5.
Provide a detailed site plan for Hatch identifying all locations within and outside the protected area specifying the nature of activity at each location.
RULING:
Request denied, except that the Complainant shall submit, to the extent available, a more legible site plan for Hatch with greater detail of the facility outside of the protected area.
The information shall be furnished to the Defendant by July 16, 1993.
6.
Identify and list all employees at Hatch, both local and NRC, during the relevant time of the Complaint.
RULING:
Request denied, except to the extent that the Complainant shall review its written records for the purpose of identifying individuals, other than NRC employees, Mr. Zerr dealt with at the Hatch site during the period April 8, 1990 through May 19, 1990.
The identity of any such individuals shall be submitted to the Defendant by July 16, 1993.
i 7.
Identify each supervisor and the chain of command l
for each supervisor during the career of Lloyd Zerr at the NRC.
RULING:
Request denied.
Requisite discovery information is being provided.
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-3 12.
Identify and attach copies of each stateuent made by Lloyd Zerr to any official of the United States Goverr. ment in connection with this matter.
RULING:
Request denied.
Requisite discovery information was provided.
15.
Notice is hereby given that all government witnesses may be interviewed by counsel at a time to be scheduled.
RULING:
Request denied.
The request to conduct interviews is not part of authorized discovery.
During the oral argument the parties voluntarily agreed on the rules for conducting the interviews.
16.
Provide all documentation and identify the U.S.
Attorney in Maryland involved in the decision not to prosecute.
RULING:
Request denied.
Requisite discovery l
information was provided.
l B.
Complainant Nuclear Regulatory Commission's motion to take the deposition of Defendant, served June 9, 1993 a.nd motion for discovery by interrogatories and requests for admissions and production of documents, served June 9, 1993.
RULING:
Motions granted upon condition that Complainant obtain a broader waiver of prosecution of Defendant from the U.S.
Attorney for the Southern District of Georgia covering the exact time periods and elements of the subject Complaint.
This, along with the waiver from the U.S.
Attorney from the District of l
l I
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, t Maryland, will eliminate Defendant's claim of the privilege l
against self incrimination under the Fifth Amendment of the Constitution to discovery.
The approval of employing different 1
discovery methods should not result in unreasonable duplicative l
discovery.
l C.
The scheduling order for the proceeding, dated May 20, l
l 1993 is changed as follows:
August 2, 1993 Return of discovery requests
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(except deposition and/or l
interviews) accepted without objection August 10, 1993 Completion of depositions and/or interviews scheduled without objection August 16, 1993 Dispositive motion (s)
September 2, 1993 Opposition motion (s)
September 10, 1993 Reply to Opposition September 27, 1993 Final pretrial stipulations and/or statements; exchange of exhibit and witness lists l
l October 4, 1993 Response to exchange of lists, including objections to witnesses and/or exhibits October 26, 1993 Trial It is so ordered.
l FOR THE ATOMIC SAFETY AND LICENSING BOARD 1
l Morton B. Margd11es[i CHIEF ADMINISTRATIM LAW JUDGE Bethesda, Marylard July 7,1993
l.
UNITED STATES OF AMERICA l
NUCLEAR REGULATORY COMMISSION l
Docket No. 93-01-PF i
In the Matter of Lloyd P.
Zerr ASLBP No. 93-673-01-PFC CERTIFICATE OF SERVICE l
I hereby certify that copies of the foregoing " Summary of Rulings" in the above-captioned proceeding have been served upon the following persons by U.S. Mail first class, except as otherwise noted, this 7th day of July 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 l-
' dames M.
Cutchin V
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