ML20078F828
| ML20078F828 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 10/07/1983 |
| From: | Voigt H LEBOEUF, LAMB, LEIBY & MACRAE |
| To: | Linenberger G, Smith I, Wolfe S Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-SP, NUDOCS 8310110182 | |
| Download: ML20078F828 (3) | |
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00(iNRu,EC HET LEBOEU F. LAM e. LElBY & MAcRAE C
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84 50x 750 133 SOUTM M AI N CALT LAKC CITY, UT 84f CI BR A46ttica. NC 27eO2 411 PEQUQT AVENUC LggQgyp, LAu g, Lgigy & MacRAE (UK) 150 STATC STREET SOUTMPORT, CT C6490 47 SERnCLgy SOUARC ALBANY,NY 12207 LONDON Wlx SOS. ENGLAND October 7, 1983 Ivan W.
Smith, Esq.
Sbeldon Wolfe, Esq.
Chairman
~
Administrative Judge Atomic Safety & Licensing Atomic Safety & Licensing Board Board U.S. Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, D.C - 20555 Washington, D.C.
20555 Mr. Gustav Linenberger Administrative Judge Atomic Safety & Licensing Board U.S. Nucioar Regulatory Commission Washington, D.C.
20555 Re:
Metropolitan Edison Company (Three Mile Island Nuclear Station, Unit No. 1), Docket No.50-280-SP (Restart Remand on Management)
Dear Sirs:
rogether with the firm of Killian
- Gephart, 216-218 Pine
- Street, Harrisburg, Pennsylvania
- 17108, we represent approximately 50 individual clients who were employed by Metrcpolitan Edison at Three Mile Island prior to March 28, 1975.
Our clients include all persons assigned to TMI-2 as control room operators, shift foremen, and shift supervisors during the months preceding the accident (except for Harold W.
- Hartman, Jr.).
Virtually all of our clients have testified before the March 1983 Grand Jury of the United States District Court for the Middle District of Pennsylvania concerning the Hartman allegations.
We are informed that some of our clients may be recalled for further testimony before the Grand Jury.
0310110182 831007 PDR ADOCK 05000289 G
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October 7, 1983 Page 2 The Assistant United States Attorney in charge of the Grand Jury investigation has stated that he intends to conclude that investigation by December 1983.
It is our position that it is illegal and prejudicial to the rights of our clients to suggest or require that any of them testify concerning the Hart' nan allegations until.the Grand Jury investigation has Nen concluded and the Department of Justice has determined that there is.no basis for any criminal charges against them.
In response to the Memorandum and Order issued by the Atomic Safety and Licensing Board on September 14, 1983, we offer the following comments:
1.
We intend to participate in the remanded hearing to the extent necessary to protect the rights of our individual clients.
We assume that it is not necessary for our clients to move to intervene to protect their rights.
2.
In our view, the Licensing Board should consider and determine two issues:
(a)
Whether any person now licensed to operateTMI-l and now assigned to an operating shift for TMI-l was or could have been involved in the falsification of leak rate test data alleged by Hartman?
(b)
Whether anyone in the chain of command for the operation of TMI-l or any present officer of GPU Nuclear
- directed, condoned, or was aware of the falsification of leak rate test data alleged by Hartman?
We believe that those two issues can be resolved without the testimony of any of our clients.
3.
No comment.
4.
We do not presently anticipate that we will request any discovery.
5.
Not applicable.
6.
Not applicable.
r October 7, 1983 Page 3 We intend to appear before the Licensing Board at the prehearing conference scheduled for October 18.
Very truly yours, LeBOEUF, LAMB, LEIBY & MacRAE W
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cc: -All Parties on the Service List Smith B. Gephart, Esq.