ML20057C638
| ML20057C638 | |
| Person / Time | |
|---|---|
| Issue date: | 09/22/1993 |
| From: | Daniel Shapiro NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Margulies M Atomic Safety and Licensing Board Panel |
| References | |
| 93-01-PF, 93-1-PF, 93-673-01-PF, 93-673-1-PF, NUDOCS 9309290205 | |
| Download: ML20057C638 (2) | |
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UNITED STATES 5
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WASHINGTON, D.C. 2055H001 September 22, 1993 BY FACSIMILE AND INTERNAL MAIL DOCKETED 1
The Honorab]e Morton B. Margulies US NRC ALJ Chief Administrative Law Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission SEP 23 1995 Washington, D.C.
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RE:
In the Matter of Lloyd P.
Zerr i
Docket No. 93-01-PF ASLBP No. 93-673-01-PF
Dear Judge Margulies:
Two of the witnesses that the NRC intends to call for testimony at the hearing of this case, scheduled to commence on October 26, 1993, have very serious work-related scheduling conflicts with their requested appearance at the hearing.
The purpose'of this letter is to ask that an additional one-half day-of trial be scheduled on October 22, 1993, in order to ensure presentation of-their live testimony without the imposition of substantial personal burden on these witnesses.
Counsel for Mr. Zerr has indicated that he is available on that date.
I Mr. Kenneth Brockman, who during the relevant time period of this action, held the position of Chief, Section 3b, Reactor Projects 5
Branch 3, was one of Mr. Zerr's supervisors.
His testimony will i
include such areas as time and attendance reporting
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responsibilities of Mr. Zerr regarding his assignment to the Hatch plant and Mr. Brockman's investigation and confrontation of
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Mr. Zerr regarding his overtime submissions.
Mr. Brockman's-current position is Chief, Incident Response Branch, Office for Analysis & Evaluation of Operational Data (AEOD).
One of his responsibilities is to serve as the NRC's representative at-the annual International Nuclear Event Scale Meeting.
This year's l
meeting, scheduled a year ago, will occur the week of I
October 25th in Vienna, Austria.
Mr. Brockman is scheduled to leave-for Europe on October 25th, with the meeting commencing on October 26th, and is scheduled to-return to the United States on November 8th.
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Mr. David Edge, who during the relevant time period of this action held the position of Nuclear Security Manager, Hatch Nuclear Power Plant, also has a serious conflict with appearance at the hearing during the week of October 25, 1993.
It is
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. anticipated that Mr. Edge will testify to the accuracy and reliability of computer printouts which registered Mr. Zerr's entry and exit from the protected area of the Hatch plant.
The NRC intends to use these records in establishing the falsity of Mr. Zerr's overtime submissions.
Mr. Edge is currently employed by the parent company of the Hatch plant as Labor Relations Coordinator.
He is scheduled to participate in a required management training session the week of trial.
This session has been scheduled since March, 1993.
Both witnesses are available on October 22, 1993.
If one half day of trial is scheduled that day, these witnesses could testify and be cross-examined and the burdens of their conflicting schedules could be avoided.
A possible alternative would be to seek admission of their testimony in the form of written statements as provided for in 10 C.F.R. S 13.33(b).
The NRC recognizes that this would require the submission of written statements to the Defendant on September 27, 1993, pursuant to 10 C.F.R. 5 13 33(b) and the scheduling order in this proceeding, and that the Defendant could seek an order for issuance of a subpoena compelling attendance of the witnesses for cross-examination at hearing.
10 C.F.R.
SS 13.23, 13.33(b).
The NRC believes that the scheduling of an additional half-day of testimony, on October 22, 1993, if possible, is justified under the circumstances.
Both witnesses will contribute important testimony and live testimony is preferable.
Sincerely, A
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Dary M. Shapi o Office of the General Counsel cc:
Service List
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