ML20088A045
| ML20088A045 | |
| Person / Time | |
|---|---|
| Site: | Midland |
| Issue date: | 04/19/1983 |
| From: | Rich Smith NRC OFFICE OF INSPECTOR & AUDITOR (OIA) |
| To: | Jamarl Cummings NRC OFFICE OF INSPECTOR & AUDITOR (OIA) |
| Shared Package | |
| ML19263A254 | List: |
| References | |
| NUDOCS 8404100458 | |
| Download: ML20088A045 (2) | |
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,'#pa mee'o, UNCED STATES
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NUCLEAR REGULATORY COMMISSION wasmNGTON. D. C. 20566 April 19, 1983 MEMORANDUM FOR: James J. Cumings, Director Office of Inspector and Auditor e
THRU:
Hollis Bowers, A/D for Investig ns FROM:
Ronald M. Smith, Investigator b
Office of Inspector and Audito
SUBJECT:
REVIEW 0F ALLEGATION After reading the affidavit provided to this office by Mr. Fitzgerald, I concluded that if there were wrongdoing associated with the bits of conversation recorded by and included in
- affidavit, it would have to be in the form of a " conspiracy" to hide information from the ASLB and/or from other interested parties, i.e., intervenors.
(I think it appropriate to note here that affidavit was executed June 16, 1982, but concerned events which allegedly occurred some eight months previous. There is no indication as to why delayed reporting of this allegation.)
I also reviewed the pertinent portions of the transcript for the referenced October 15, 1981, hearing in an effort to try and identify any discourse (s) which appeared to coincide with the " bits" of information provided by I could find no such discourse (s) - particularly involving Mr. Paton (ELD attorney on the case).
Thus I could find no evidence of an
" overt act" as would be required to establish the " conspiracy" referenced above.
t With the failure to find evidence of misconduct on the part of Mr. Paton, I I
was left with the possibility of an ethical transgression on the part of Mr. Paton, at least to the extent of an " appearance of evil" if he was in fact privy to a conversation which could be construed as an effort to " coach" the testimony of a Government witness (Dr. Landsman).
In pursuit of this issue, I spoke to Mr. Paton on April 6,1983.
In sum he acknowledged that he was the NRC attorney assigned to the case. He noted that it is his normal practice to permit licensees and intervencrs to talk to his witnesses in the interest of getting all of the relevant information out into the open. However, it is l
also his practice, as a general proposition, to be present - as the NRC's
[
attorney - during such conversations.
Mr. Paton further stated that he has read the affidavit but does not l
recall the alleged conversation as having taken place. He did know that had such a conversation (involving the coaching of a witness) been attempted, he would not have pennitted the conversation to continue.
Mr. Paton stated as his primary reason for this position the. fact that no case was worth taking the risk of losing his license to practice law (he is admitted before the 8404100458 840403 l
PDR ADOCK 05000329 A
PDR File 83-41
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Maryland and D.C. bars and before the United States Supreme Court). Without his license he could no longer work and support his family.
Finally, I would note that the allegation was rather nonspecific in nature.
To be sure bits of language, out of context, and a setting were provided where suspicions could be raised. However, because no further details were provided, e.g., how this alleged conversation resulted in bad conduct, it really is of no practical use. That fact coupled with the fact that I can find no objective proof of conduct and my belief that Mr. Paton was truthful in his responses to me leads me to the conclusion that there is no substantive matter to pursue.
It is unfortunate that Ms. Garde (GAP) in forwarding affidavit to Mr. Keppler did not provide anything clarifying and/or expanding on the inferred allegation contained in affidavit, particularly in light of her assertion that each affidavit had been reviewed " point-by-point." I therefore conclude there is nothing else to provide.
Based on the above, at this time there appear to be no viable leads to pursue and accordingly I recommend that this matter be closed without further action.
NAME AND IDENTIFYING INFORMATION DELETED, 5
L l
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