ML20057B386
| ML20057B386 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 07/18/1991 |
| From: | Longo G NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Dow R AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20057B156 | List: |
| References | |
| FOIA-92-584 NUDOCS 9309210283 | |
| Download: ML20057B386 (5) | |
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UNITED 5TATES s-
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g NUCLEAR REGULATORY COMMISSION
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WASHINGTON, D. C. 20684
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July 18, 1991 g 7[-g3 Mr. Richard E. Dow c/o Mrs. Kay Drey 515 West Point Avenue University City, Mo 63130 In the Matter of l
RICHARD E. DOW Docket Hon. 50-445, 50-446
Dear Mr. Dow:
This letter is to inform you that absent compliance with the Nuclear Regulatory Commission Order of June 20, 1991, (CLI-91-09),
which required your production for co7ying of certain documents and records on July 10, 1991, the NRC W:.ll request the United States i
Department of Justice to seek an order from a United States District Court enforcing the subpoena.
You have not complied with the Commission's Order.
Based on events and newspaper reports to date, it appears that you have decided not to comply with the Commission's Order upon the mistaken belief that the NRC seeks to i
learn the identity of unnamed sources and that the subpoena authorizes your arrest.
Please contact me at (301) 492-1694 before August 2,1991, in order to arrange for compliance with the subpocna no later_than August 30, 1991.
These dates have been selected to permit adequate time for you to produce all relevant documents and all 16 tapes.
The NRC secks the subpoenaed documents and records in order to investigate allegations of safety violations made through you to the NRC over a period of several months in 1991.
That information 4
is essential to evaluate the safety allegations and is, according to your representations, relevant to the public health and safety.
The subpoena commanded production of two categories of documents and records:
(1) those which you allege contain information concerning safety-related deficiencies at the Comanche Peak Steam Electric Station and (2) the telephone numbers or addresses of nersons whom you had alreadv named during the interview of April 10, 1991, with members of the NRC Staff.
i Please be assured that the NRC has not sought and does not now seek to learn the identity of those unnamed persons whom you represented as wishing to remain anonymous.
The NRC simply wishes to contact those persons you have already explicitly named.
Accordingly, the i
9309210283 930420 N
MORRIS92-584 PDR_
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&Ua the identity of unnamed individuals. qntact named individuals, not subpoena requested only the means to c Moreover, the Staff will take all reasonable measures to maintain the confidentiality of any individual you have already named as possessing relevant information, unless that individual explicitly infor=s the NRC that confidentiality is not requested. NRC Manual Chapter 0517 requires certain measurei to protect the confidentiality of sourcos, including:
(1) not revealing the identity of an alleger to individuals inside the NRC except upon a need to know basis, (2) not revealing the identity of an alleger to the licensee or the public unless the alleger has no objection to the release of his/her or identity, and (3) not revealing the identity of a source granted confidentiality, except in extreme circumstances such as those necessary to prevent an inninent threat to public health and safety, pursuant to an order or subpoena issued by courts of law or similar legal entities, or pursuant to a written Congressional request.
Moreover, the Staff is required, to the extent possible, to conduct any evaluation of alleged safety violations in a canner such that the source of the allegation is nasked and not reasonably traceable to any particular individual.
If you wish to discuss the details of procedures for protecting confidentiality, please raise that matter when you contact us.
The Order established a date of July 10, 1991, for production of the records and documents at the NRC Region IV offices in Arlington, Texas.
By letter dated July 5, 1991, addressed to the NRC Chairnan, you requested an alternate location on the grounds that you were fearful that your life and safety would be in danger if you returned to Texas.
By letter dated July B, 1991, to you from Stephen Lewis, Senior Supervisory Enforcement Attorney, Office of the General Counsel, the Staff agreed to permit compliance by your appearance on July 10, 1991, at 10:00 a.n.
at either the Commission's headquarters in Rockville, Maryland or at any NRC Regional office. Although we were not able to be in direct contact with you, we were informed by Mrs. Kay Drey tSat she had provided you with a copy of Mr. Lewis' letter and tha, you had elected to co= ply by appearing at NRC headquarters on the date indicated.
However, you did not appear and produce documents on that date.
In subsequent telephone calls to the NRC you stated that you would I
Although the Commission's Order addressed your First Amendment association rights as they relate to the identity of your sources, the Staff has not sought, and does not now seek, the identity of individuals you do not wish to name.
As you are well aware, the Staff in its Response to your Motion to Quash did not request the Commission to go beyond the explicit request of the subpoena for the telephone nunbers and addresses of individuals already named by you.
Perhaps you inferred from the Commission's discussion regarding the identify of unnamed sources that the Staff wishes te learn the identity of unnamed sources. Nonetheless, even a mistaken inpression that the Staff wished to obtain such information does not justify defiance of the entire subpoena.
_ vi 4m a v., a arrrarwrum w. i ra produce the subpoenaed documents and records on the afternoon of July 15, 1991, at the NRC headquarters offices.
Again you did not appear as promised, and the Staff has received no communication from you to explain your failure to appear.
Please be assured that the subpoena issued by the NRC staff and the Commission's Order denying your motion to quash provida no arrest authority to any law enforcement agency.
A subpoena is merely a command to produce documents, records or testimony. The NRC's goal is to obtain information you claim to have concerning your allegations of safety violations at Comanche Peak Electric Steam Station and to evaluate those safety allegations.
Moreover, in view of your concerns for personal safety, the Staff does not require your appearance at the production of documents and records, and is willing to accept the materials from a representative of your choice.
Pursuant to the Commission's Ordor, the NRC Staff will coordinate plans for receipt and review of the documents and records with the Office of Inspector General (OIG), by arranging for the OIGs presence at the receipt of documents and records.
We look forward to hearing from you in response to this letter so that the NRC can receive the information essential to proceeding with an ovaluation of the matters you have raised.
Sincerely yours, Giovanna M. Longo Enforcement Attorney Offico of the General Counsel cc:
Richard E. Dow 586 N. Clinton Stephenville, Texas 76401 David C.
Williams Inspector General U.S. Nuclear Regulatory Co= mission Washington, D.C.
20555 i
I
30 A chenst!asinaraincyrius Thursday, July 18, 1991 H
1 Comanche foes seek asylum Texas couple hiding in Canada; man says he'll defy subpoena f^"* "Wd M"m8 "
t 5(
By Randy Lee Loftis The move for asylum caught the Nuclear Regulatory Commmion off.
After a month on the run.a Texas v
guard.
O couple alleging safety violanons at "I don't have the faintest idea -
Comanche Peak nuclear power plant what will happen now," NRC staff '
say they are seeking political asylum lawyer Charles Mullins said when i in Canada.
told that the couple was claiming po-
^f M2cky Dow said Wednesday that 4,?.
litical refugee status. "I must say this I i
he will defy a U.S. Nuclear Regula-is somewhat extreme."
- ^
tory Commission subpoena that or.
The NRC could ask a federaljudge i !
4 ders him to hand over documents to to order Mr. Dow to obey the sub-i back up his safety concerns about p ena. Then Mr. Dow could be jailed ) ;
the plant. 80 miles southwest of Dal-or fined for contempt of court if he f i g
did not comply.
jl So far, Mr. Dow has refused to Mr. Mullins said be did not know give the NRC any documents or the what acuon the agency will take. He !
names of sources that would substan, said he did not know why Mr. Dow !
tlate his claims about the TU Electric was acting like a fugitive.
1 I
plant. Mr. Dow never worked at the "Obviously, he's not on the run i plant but said sources gave him doc.
from us," Mr. Mullins said. "We're '
uments about safety problems.
Mr. Dow did not show up Monday Mickey Dow... will plead not after him. We're not chasing <
him.
morning for an appointment with a for Canadian asylum, claim.
public interest legal group in Wash-ing political refugee status.
"If we were the kind of people,
ington that was going to represent that he seems to think we are, we i i
him in handing over the papers.
"We are not going to surrender could have sent people out in the :
The NRC was sull waiting for Mr. our evidence and we are not going middle of the night to round him up..
Dow on Wednesday, a week after the to put ourselves under their (the At some point reasonable people d
subpoena desditne. He was in Can-NRC's) jurisdicnon in any way, might ask themselves1f he really be-ada, saying he had no Intennon of shape or form." said Mr. Dow. 43. of lieves that he has something" rele.
cooneranng with the NRC.
Stephenville.
vant to nuclear salety. Mr. Mullins :
j By telephone. Mr. Dow sa2d he Mr. Dow has not presented any said.
d and Sandra Flanagin were in Ottawa. evidence to support his contennon Mr. Dow sa2d he's pushing to get "We just got done applying for po-that he and Ms. Flanagan are in dan-attention from Canada's Parhament.
l 11tical asylum with Canadian immi-ger. and his allegations about the nu-environmental groups and news me-gration." he said. He said they told clear plant are unproved.
dia for his alleganons. He said he 1
Canad2an officials that their lives He said he will make his case in a was on an Ottawa radio program -
will be in danger if they return to Canadian irrJnigranon hearng on Wednesday and planned to meet -
the United States.
Tuesday.
with parliamentary aides.
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