ML20059C175
| ML20059C175 | |
| Person / Time | |
|---|---|
| Issue date: | 10/27/1993 |
| From: | Daniel Shapiro NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20059C165 | List: |
| References | |
| 93-01-PF, 93-1-PF, 93-673-01-PF, 93-673-1-PF, NUDOCS 9311010039 | |
| Download: ML20059C175 (7) | |
Text
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s 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
)
)
NRC REOUEST FOR BUBPCENAS The NRC respectfully requests, pursuant to 10 C.F.R. S13.23, that this court issue subpoenas for testimony to two witnesses, Mr. David Edge and Ms. Charlynn Wall'is, that the NRC intends'to call during the first day of the hearing in this casa' scheduled.
to commence November 16, 1993.
Subpoenas are necessary forIthese witnesses to ensure their presence at the hearing because they are not employed by the NRC.
Mr. David Edge, is currently employed by the Southern Nuclear Operating Company (owner of Hatch Nuclear Power Plant) in Birmingham, Alabama, as a Human Resource Coordinator.
During the relevant time period of this complaint, Mr.. Edge held the position of Nuclear Security Manager at the Hatch' Nuclear Power-Plant.
His testimony is needed to authenticate and explain.
computer printouts the NRC Antends to introduce which recorded-Mr. Zerr's entry and exit from the protected area of the Hatch
~
Plant and to describe the security system which existed at Hatch 9311010039 931027
+
1 2
i during the relevant time period of this complaint.
His testimony and these records will be offered to prove the actual hours that-Mr. Zerr worked at the Hatch plant.
Counsel for Mr. Zerr initially refused to admit the genuineness and admissibility of these records.
Defendant's Response To Request For Admissions.1 However, Defendant has apparently, or at least technically, reversed his position as to i
the admissibility of these (pcuments by identifying all documents i
produced by the NRC as his exhibit list and not objecting to the i
NRC listing of them on its exhibit list.2 Notwithstanding the uncertainty of Defendant's current position as to the admissibility of these documents, Mr. Edge's testimony is needed to explain the operation and accuracy of the Hatch security system.
The NRC anticipates that it will call Mr. Edge to testify during the first day of the hearing, November 16, 1993, and that his testimony will conclude that day.
Mr. Edge's business address is Southern Nuclear Operating Company, Post Office Box 1295, Birmingham, Alabama 35201-1295.
Mr. Edge has indicated that he will be accompanied by corporate counsel who has agreed to accept service of a subpoena on behalf of Mr. Edge.
2 Defendant's response to NRC request to admit genuiness and admissibility number 2:
(Hatch Card Access History, dated May 21, 1990 (321-371)) was, "[Ya]any errors were present in the system; the validity of the system is contested".
2 10 C.F.R. S 13.22(c) provides, "Unless another party objects within the time set by the ALJ, documents exchanged in accordance with paragraph (a) of this section shall be deemed to be authentic for the purpose of admissibility at the hearing.
4 3
Ms. Charlynn Wallis is currently employed by the Hertz Corporation in Arlington, Virginia.
The NRC anticipates that it will also call Ms. Wallis to testify on the first day of the hearing, November 16, 1993.
Ms. Wallis' testimony will consist of authenticating and explaining various business records of Hertz Corporation concerning car rental by the Defendanu from Hertz.
These rentals are related to the counts in the complaint involving the costs of cars rented by the Defendant.
Ms. Wallis' business address is The Hertz Corporation, 3800 Jefferson Davis Highway, Alexandria, Virginia 22305.
Ms. Wallis' employer informed counsel for the NRC that they will require a subpoena before they will permit her to testify.
Again, counsel for Mr. Zerr initially refused to admit the genuineness and admissibility of these records.
Defendant's Response To Request For Admissions.3 However, Defendant has apparently, or at least technically, reversed his position as to the admissibility of these documents by listing them on his exhibit list and not objecting to the NRC listing these documents on its exhibit list.'
Notwithstanding the uncertainty of Defendant's current position as to the admissibility of these documents, Ms. Wallis' testimony is needed to explain these 8 Defendants response to NRC request to admit genuiness and admissibility numbers 22 & 23:
(various Hertz records (232-68))
was, ".
. unable to verify Pages 232 through 254 as not the property of Lloyd Zerr" and " Unable to admit or deny because it is not the property of Lloyd Zerr who has no personal knowledge,"
respectively.
' ggg note 2, suora.
4 documents and Hertz's rental programs as they relate-to the allegations contained in the complaint.
As provided for in the rules, the NRC will serve these subpoenas in the manner provided for in 10 C.F.R.
S 13.8.
Respectfully subs' ed,
~
Al
/Daryl M' Shapiro /
Roger K.
Davis U.
S.
Nuclear Regulatory Commission Office of the General Counsel Mail Stop 15 B18 Washington, D.C.
20555 Tel. 301/504-1606 Attorneys for the NRC DATED:
October 27, 1993 i
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i
hitch f&tates af America NUCLEAR REGULATORY COMMISSION O
in the matter of.
LLOYD P.
ZERR
>. DOCKET NO.
93-01-PF ASLBP No.
93-673-01-PF TO Ms. Charlyn Wallis The Hert: Corporation 3800 Jefferson Davis Highway Alexandria, Virginia 22305 YOU ARE 11EREBY COMMANDED to appear..a,t,,,4,3,,5,Q,,,};as,t,,,W,es,t,,,Hg,h,yy,,,,,,,
.. 5,t,h,,,F 1,9 r,,,((e,a,r i ng,,,,Rp,g,m,L,,,,,,,,,,,,,,,,,g t,h,e s d,a,,,,,0,D,,,,2,9,,8,1,{,,,,,,,,,,,,,,,,,
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9 in th e ci t y o f.....B.9. g h,g p,Q a,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
on the......1. 6.hb... day of....N9.y.!;mb9.E..........! 9.9.3........a t..1..l.i.Q.Q........ 0' clock A M.
to testify on behalf of..th.9...MW9.1.5 #.E..RQ9Ml#.t9EM...C.Qmm13.r.19.11.....................
in the above entitled action and bring with you the document (s) or object (s) descrit>ed
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in the attached schedule.
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i BY ORDER OF TifE ATOMIC SAFETY AND LICENSING BOARD BY-m ua m roa
.............i9.....
the Nuclear Reulatory Commission Daryl Shaoire. Attornpy TEtIPh0N 1 04-1631 i
10 C.F.R. 2.720 (f) presusins offscer or, if he is unvatiable.' the On motion made promptly, and in any twnt Commission may (1) quask or modify the sub-
- et or before the time spec (fied in the subpoena poena if it is unreawnable or requires evidente for compliance by the person to whom the sub-not relevent to any matter in issue, or (2) con-poenen is directed. and on notice to the party at dition denial of the motion on just and renwnable Mene beseenet the subpoena ws tanued, the '
terms.
Enitch 9taten of America NUCLEAR REGULATORY COMMISSION v
i In the matter of:
J LLOYD P*
ZERR I
> DOCKET NO. 93-01-PF ASLBP No.. 93-673-01-PF i
TO Mr. David Edge-Southern Nuclear Operating Company y
Post Office Box 1295 Birmingham, Alabama 35201-1295 YOU ARE IIEREBY COMM ANDED to appear.....a.t...4.7.5.9..EAAL...W9At..M9b.W.s...
...i.5,t.h,,[,lpgg,,,Up,ag,f.ng,,,gg,og)............................ AQth9 N.4 A...MD.. 2.0.al.4..........
in th e ci t y o f....il9.t h.?.a dA..........................................................................................
on the.....l. 6,th..... day o f....N,g,vp,mp,9,g,,,,,,,,,,,19,,3........a t...1..l..i.99........ 0' clock '
A M.
9 to testify on behalf of....th9...U.V.9.1.#I...B9.9.9.1.R.t,gg,y,,,,Gp,ggi,ggf,gn,,,,,,,,,,,,,,,,,,,,,
9 in the above entitled action and bring with you the document (s) or object (s) described 1
in the attached schedule.
1 BY ORDER OF TIIE ATOMIC SAFETY AND LICENSING BOARD BY
'I m uanov roa
.............19..
l the Nuclear Reculatory Commission 1
Darvl Shapiro. Attorney i
I TEt.fr o SO4-1631 1
-i 10 C.F.R. 2.720 (()
permuttne of1scer or, if he is unveilable, the On motion made promptly, and in any event Commission may (1) quash or modify the sub-et or before the time op9cifted in the sunbpoens poena if it is unnesonaboe or requires evidence for comptionee by th'r person to whom the sub-not relevant to any matter in lasue, or (2) con-poenae is directed and on notice to t:se party et.
dition denial of the motion on just and reasonable
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iedteer anesoner she subpoene was issued.' the '
terms.
j
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 4
ATOMIC SAFETY AND LICENSING BOARD Before Administrative Law Judge l
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
I hereby certify that copies of the foregoing "NRC Request for Subpoenas" were served upon the following persons by-U.S.
mail, first class, except as indicated by an asterisk, by hand delivery, this 27th day of October, 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 j
Commission Rockville, MD 20850-Washington, DC 20555 (original plus two copies)
Office of Commission Appellate Adjudication
- U.S.
Nuclear Regulatory Commission Washington, DC 20555
>~ R.
,,iu s
@l M..Shapiro/ ~
U.S.'Wclear Regulatory Commission Office of the General Counsel Mail Stop 15 B18 Washington, DC 20555 Tel. 301/504-1606 1