ML20087K333

Motion to Quash Subpoena.* D Fields Moves That Subpoena Served by Wj Mcnulty Be Quashed.W/Certificate of Svc

ML20087K333
Person / Time
Site:	Crystal River
Issue date:	08/17/1995
From:	Hendrix R AFFILIATION NOT ASSIGNED
To:	NRC OFFICE OF INVESTIGATIONS (OI)
Shared Package
ML20087K315	List: ML20087K313 ML20087K333 ML20087K344
References
2-94-036S, 2-94-36S, NUDOCS 9508230216
Download: ML20087K333 (8)

Text

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USNRC UNITED STATES OF AMERICA '95 AUG 17 g :59l' NUCLEAR REGULATORY COMMISSION

. OFFICE OF INVESTIGATIONS OF?lCE 17 SECRE ARY

,4 00CKEijvG d. EERVICEI 3 RANCH In the Matter of:

Crystal River Nuclear Plant Case No. 2-94-036S In Re: David Fields i

.l MOTION TO OUASH SUBPOENA I

COMES NOW David Fields, by and' through' counsel, and hereby moves that'a '

subpoena served upon him on or about 7/28/95--by: William J. McNulty,' Field Office Director, Office of Investigations, Region II, be quashed. As grounds for this motion, Movant would make the following showing: _

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The subpoena in question is marked hereto as Exhibit "A". It calls for testimony to ;

( be given before the Office of Investigation on August 15,-1995.

2. t Counsel for Movant has been advised that at least one of the subject areas about which the OI wishes to interview the movant concerns prior statements he made at an earlier OI' interview. '

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9508230216 950808 '

PDR ADOCK 05000302 0 .

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A request has been made of the NRC for transcripts of the prior statements that were made, upon information and belief, back in December,1994. Notwithstanding a request for transcripts of this prior interview, this request has been denied.

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1 Denial of Movant's reasonable request for access to his prior NRC testimony constitutes a denial of his right to have effective representation of counsel during the upcoming OI interview.

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l At the time of his prior interview, the Movant was not represented by counsel. In l

addition, it has been more than eight (8) months since his prior OI interview.

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The undersigned cannot effectively represent his client concerning questions about a l

pnor mterview if he is denied access to his client's prior transcript of interview. To deny l the movant's request for a copy of his transcript not only will render his right to effective I representation of counsel meaningless, it will also deprive him of due process of law. 3

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Upon information and belief, the Office of Investigations has had complete access to the movant's prior interview tape-recordings and transcript. Also, they have their field notes 1

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t i from the' prior interview and, in fact, intend to question the movant about his prior l statements.  ;

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Other individuals who were interviewed ir connection with this case have obtained-copies of their transcripts. Given that these other transcripts have-already been made.  !

available to other witnesses, there would be no prejudice whatsoever to .the Office 'of j

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-Investigations or the NRC in providing to Movant his transcript of the prior OI interview. .

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i To deny Movant's reasonable request for'his transcript, when other witnesses'have.

obtained their transcripts, denies Movant equal protection of the . law. The . Office off '

a Investigations' denial of Movant's request for his transcript also suggests that the subpoena : c ]

T has been issued not such much as an aid in the search for the truth, but' rather as an. ' j adversarial investigative tool. l  :,

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.l The Ol' interviews, hopefully, are designed to search for the truth. This objective i- )

, ,1 i i cannot be fulfilled if witnesses do not have refreshed recollections of the facts.

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q WHEREFORE, in order to ensure the movant's right to effective representation of ',

q counsel, atui in order to protect his due process rights, it is hereby respectfully requested that l the subpoena served upon him, marked as Exhibit "A", be quashed until such time as the l j

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I Office of Investigations makes available to Movant a copy of his prior OI transcript. In lieu i thereof, Movant would ask that an Order issue prohibiting 01 from questioning him about any of the issues that were discussed at his prior OI interview.

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e Respectfully submitted, i

FINCII, McCRANIE, BROWN & THRASH I t

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RICI1ARD W. HEND'I(IX Ga. Bar No. 346750 Attorney for Movant 225 Peachtree St., NE 1700 South Tower Atlanta, GA 30303 (404) 658-9070 / (800) 228-9159 CAPLEADTIELDS.QUA 8

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UNITED STNFES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFICE OF INVESTIGATIONS 1

IN THE MATTER OF: Crystal River Nuclear Plant CASE NO. 2-94-036S i TO: David A. Fields YOU ARE HEREBY COMMANDED, pursuant to Section 161 (c) of the Atomic Energy Act of, 1954, as amended, to appear at the U.S. Nuclear Regulatory Commission (NRC), Office of Investigations,101 Marietta Street, Suite 2900, Atlanta, GA 30323 on the 15th day of August, 1995, at 1:30 p.m. to testify in the matter of an NRC investigation of Crystal River licensed control room operators.

TOU ARE FURTHER COMMANDED to provide the NRC all records. including but not limited to, documents, notes, phone mcords and computer mcords regarding control room operations at Crystal River on September 4 and 5,1994.

BY ORDER OF THE DIRECTOR, OFFICE OF INVESTIGATIONS I I f

By L Dt ,

William J. McNulty, Field Office Director Office of Investigdions, Region Ild

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Date 4IM!"'

1 Requested by: James Y. Vorse, Sr. Investigator Office of Investigations U.S. Nuclear Regulatory Commission 101 Marietta Street, NW - Suite 2900 Atlanta, GA 30323 (404) 331-6502 On motion made promptly, and in any event at or before the time specified in the subpoena for compliance, by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms. Such motion should be directed to the Secretary of the Commission, Washington. DC 20555. Failure to comply with the terms of this subpoena may result in the Commission's seeking judicial enforcement of the subpoena pursuant to Section 233 of the Atomic Energy Act of 1954. as amended, 42 U.S.C. 2281.

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CERTIFICATE OF PERSONAL SERVICE:

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I certify that I delivered a copy of this subpoena in hand to:

on , 19 , at o' clock M.,at l

CERTIFICATE OF SERVICE BY MAIL: . . .

I certify that I caused a copy of this subpoena to be mailed by Certified Mail 1 mail, postage prepaid, to the address specified and with delivery restricted to the person named thereon on July 28 , 19 95 , Receipt No. P 142 896 564 l 1

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-sr J w w (Signature) /

s J(m/es Y. Vorse, Sr. Investigator

• Office of Investigations Field Office, RII U.S. Nuclear Regulatory Commission,

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00CKETED USNRC.

. UNITED STATES OF AMERICA 5 AUG 17 All :06

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NUCLEAR REGULATORY COMMISSION . I OFFICE OF INVESTIGATIONS'ICEOF SECRETARY b 00CXE!!!iG & SERVlCE 'l:

.BR4NCH In the Matter of:

Crystal River Nuclear Plant ~ Case No. 2-94-036S j y

In Re: David Fields r F .

l CERTIFICATE OF SERVICE

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j This is to certify that I have this day served counsel for the opposing party in the l foregoing matter with a copy of the above pleading by depositing a copy of same in the' t

j. United States Mail with adequate postage thereon addressed as follows:

Mr. J. Brad Fewell ,

U.S. Nuclear Regulatory Commission -

F Region II -

101 Marietta St., NW Suite 2900 .

i Atlanta, GA 30323-0199 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 -

Mr. William J. McNulty Field Office Director.

Office of Investigations, Region 11 ' ,.

U.S, Nuclear Regulatory Commission

'101 Marietta St., N.W.

Suite 2900 i

Atlanta, GA 30323-0199 t

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-F Mr. James Y. Vorse, Sr., Investigator

Office of Investigations, Region II '

U.S. Nuclear Regulaton Commission 101 Marietta St., NW, Suite 2900-Atlanta, GA 30323- f t

This _f2 ay d of August,1995.  ;

FINCH, McCRANIE, BROWN & THRASH I .,

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RIGIARD W. HENtfRIX- ,

Ga. Bar No. 346750 Attorn6f for Movant ,

j 225 Peachtree St., N.E.

1700 South Tower  ;

Atlanta, GA 30303 i (404) 658-9070 / (800) 228-9159 , 7 CACERTSER\FTELDS 1 r l

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