ML20062C686

Response to Recommendation Re in Camera Deposition.Ie Will Abide by ASLB Directives by Advising of Inability to Thoroughly Identify,Investigate & Rev All Deposition Matters in Totality

ML20062C686
Person / Time
Site:	Summer
Issue date:	10/26/1978
From:	Goldberg S NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Smith I Atomic Safety and Licensing Board Panel
References
NUDOCS 7811130116
Download: ML20062C686 (2)

Text

'k. b UNITED STATES

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. _, l I i Ivan W. Smith,- Esq. b Atomic Safety and Licensing' Board U.S. Nuclear Regulatory Commission q W[3 N,M Washington, D. C. 20555 d

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[,N In the Matt o ..,gI SOUTH CAROLINA ELEC IC & GAS COMPANY ~

(Virgil C. Summer Nu ear Station, Unit 1)

Docket b. 50-395 )

Dear Mr. Smith:

I am writing in response to your September 5,1978 reply to my letter of August 28, 1978 which recommended a means by which the in camera deposition taken in this proceeding could be utilized h by the NRC Office of Inspection and Enforcement (0IE) to investi-gate the matters raised therein. Your reply letter rejected my recomendation and directed that the transcript could not be made available to 0IE inspectors even with the deponent's name deleted as proposed but indicated I could paraphrase from the deposition information sufficient to describe the problem to be investigited.

I have consulted with OIE on the adequacy of this approach to enable it to fulfill its investigative responsibilities, L According to 0IE management, its inability to personally review the contents of the deposition and to pursue the matters raised therein with the deponent and other cognizant individuals as necessary, will leave a degree of uncertainty whether the matters raised in the deposition in question have been thoroughly identified and investigated in their totality. The office is, nonetheless, willing to abide by the Board's directive but

' {') requested that it be apprised of their stated reservations, l

l Sincerely,

" N l

Steven C, Goldbe.rg Counsel for NRC Staff cc: See page 2 l

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- Brett Allen Bursey Atomic Safety and Licensing

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