ML20056G699
| ML20056G699 | |
| Person / Time | |
|---|---|
| Issue date: | 08/27/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| CON-#393-14246 1-93-027R, 1-93-27R, NUDOCS 9309070064 | |
| Download: ML20056G699 (3) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COPfilSSION Comissioners:
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Ivan Selin, Chairman Kenneth C. Rogers Forrest J. Remick E. Gail de Planque
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In the Matter of
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) NRC OI Docket No. 1-93-027R CONSTRUCTION PRODUCTS
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RESEARCH; et al.
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, D 406 271993
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ORDER This matter is before the Commission on a motion to quash or modify a single subpoena duces tecum issued by the NRC Office of Investigations ("0I") to William N. Babcock or the Custodian of Records, Five Star Products / Construction Products Research (" petitioners").' The subpoena seeks specified documents and is returnable on September 2,1993, at the petitioners' offices in Fairfield, Connecticut.
In their motion to quash, petitioners (1) challenge the Commission's jurisdiction to issue the subpoena and (2) allege that even if the Commission has jurisdiction, the subpoena is unnecessarily broad.
We hereby direct the NRC Staff to respond to the Motion to Quash and to provide that respcase to the ~
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Commission so that it is in our hands by c.o.b. Thursday, September 9,1993.
Service on the petitioners should be by hand delivery or facsimile transmission.
' Petitioners have filed their motion "[p]ursuant to 10 C.F.R. Part 26."
Letter, Michael F.
McBride, Esq., to Samuel J.
Chilk, August 26, 1993, transmitting Motion to Quash. We presume that petitioners intended to file under l.
our regulations in 10 C.F.R. Part 2.
Our regulations in Part 26 deal with Fitness-for-Duty and Random Drug testing.
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O The subpoena will be held in abeyance pending resolution of this matter.2 No response by the petitioners will be authorized.
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SAMUEL J.
ILK Secretary of the omission g
Dated at Rockville, Maryland This7fdayofAugust,1993.
2We understand that 01 has issued other subpoenas in this matter. Hwever, l
the motion before us does not challenge those subpoenas. Accordingly, our stay of the subpoena before us does not apply to any other subpoena issued by 01 in this matter.
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UNITED STATES OF AMERICA
~ NUCLEAR REGULATORY COMMISSION In the Matter of CONSTRUCTION PRODUCTS RESEARCH, Docket No.(s) 1-93-027R ET AL (NRC/01)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing Com!SSION ORDER DATED 8/27/93 have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Ben B. Hayes, Director Joseph F. Scinto, Esquire Office Investigations Office of the General Counsel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 L
i Jack R. Goldberg, Esquire Michael.F. McBride,. Esquire Office ef the General Counsel.
+n LeBoeuf, Lamb; Leiby & MacRae* -
U.S. Nuclear Regulatory Commission 1875 Connecticut Avenue, NW l
Washington, DC 20555 Washington, DC 20009 L
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Dated at Rockville, Md. this 27 day of August 1993
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i-Uffice 'of the SicMtary of the Commission
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