ML20093H399

Application for Issuance of Subpoena Directing E Zebrowski to Appear for 841113 Deposition in Washington,Dc Re Remanded Issue of Dieckamp Mailgram.Related Correspondence

ML20093H399
Person / Time
Site:	Three Mile Island
Issue date:	10/11/1984
From:	Bernabei L, Doroshow J CHRISTIC INSTITUTE, GOVERNMENT ACCOUNTABILITY PROJECT, THREE MILE ISLAND ALERT
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20093H402	List: ML20093H399 ML20093H444
References
CON-#484-477 SP, NUDOCS 8410160260
Download: ML20093H399 (8)

Text

Nl g TMIA - 10/11/84 om CO_n_repOMDEICk .

UNITED " STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED USNRC Before the Atomic Safety and Licensing Board 8A OCT 15 gg,

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In the Matter of ) ~ ". ;Jip . ' ? -

METROPOLITAN EDISON COMPANY ) Docket No. 50-28937[

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) (Restart-Management Phase)

(Three Mile Island Nuclear )

Station, Unit 1) )

)

APPLICATION FOR ISSUANCE OF SUBPOENA FOR EDWIN ZEBROWSKI Pursuant to Section 2.720 of the Commission's regulations, Intervenor Three Mile Island Alert (" TMI A" ) applies to this Atomic Safety and Licensing Board for the issuance of a Subpoena and Subpoena Duces Tecum to Dr. Edwin Zebrowski, a member of the Energy Studies Center, which is affiliated with the Electric Power Research Institute ("EPRI"), Palo Alto, California. Licensee indicated its intent to call Dr. Zebrowski as a witness on the remanded issue of the Dieckamp mailgram.

< Specifically, Dr. Zebrowski is expected to offer testimony about "the state of knowledge of the technical people involved and Mr. Dieckamp's access to and participation in their investigative efforts."

GPU did not inform TMIA of its intent to call Dr. Zebrowski or Mr. Van Whitbeck as witnesses until TMIA counsel received ,

copies of Licensee's Supplemental Response to Three Mile Island Alert's Third Set of Interrogatories. On October 11, 1984, TMIA counsel informed Mr. Blake, licensee counsel, of its intent to call Dr.-Gilinsky as a witness on the afternoon of 8410160260 841011 l DRADOCK05000g l

m 3 o-Tuesday, October 9, as a courtesy, since formal supplementa-tion of discovery. responses would not reach licensee counsel until the following_ morning. .TMIA also hand-delivered to Mr. Blake on Wednesday morning, October 10, 1984, a copy of the discovery responses, which listed TMIA's additional witness. Yet at neither of these times did Mr. Blake indicate licensee's intention to call additional witnesses.

TMIA's counsel traveled to Harrisburg on Wednesday to take a deposition.

On the morning of Thursday, October 11, 1984, TMIA counsel recieved for the first time a copy of Licensee's Supplemental Response to Three Mile Island Alert's Third Set of Interrogatories, which announced that licensee intended to call two additional witnesses.

TMIA counsel has contacted Dr. Zebrowski, who works and resides in California, to ask about his availability for a deposition in Washington on some date prior to the start of the hearing. Dr. Zebrowski indicated to TMIA counsel that he currently plans to be in Washington beginning on November 12, 1984, for a series of unrelated meetings, and to remain through the-time he is expected to testify in these hearings. He also indicated that currently he is free the evening of November 13, 1984 from responsibilities related to his business' meetings.

TMIA therefore requests that Dr. Zebrowski be subpoenaed to appear at a deposition scheduled to begin on November 13, 1984, at 7:30 p.m.

TMIA also requests that Dr. Zebrowski be subpoenaed to l

l produce the following documents by or before November 1, 1984

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in Washington,[D.C.:

(a) All personal notes, files, logs or data Dr.

Zebrowski or his staff collected during the course of con-ducting the Nuclear Safety Analysis Center ("NSAC") investi-gation and analysis of the accident, including but not limited to any personal notes of conversations with General Public Utilities ("GPU"), GPU Service Corporation, Met-Ed, or other GPU subsidiaries concerning the TMI-2 Accident.

(b) All correspondence and other written communication between licensee and NSAC and/or EPRI concerning the investi-gation and analysis conducted by NSAC or EPRI of the TMI-2 Accident; (c) All correspondence, other written communication, or reports by, to or from NSAC and EPRI concerning the TMI-2 Accident and/or reporting of information concerning the TMI-2 Accident to the NRC or to the Commonwealth of Pennsylvania.

Licensee counsel has indicated that licensee does not object to discovery requests being nade and answered outside the scheduled discovery cutoff date of October 15, 1984.

WHEREFORE Intervenor TMIA respectfully requests that the Chairman of the Licensing Board issue a Subpoena in the form attached hereto directing Dr. Zebrowski to appear for deposition and a Subpoena Duces Tecum in the form attached hereto directing Mr. Zebrowski to produce the documents listed in the subpoena by or-before November 1, 1984.

b! TMIA requests that the LicensingeBoard adhere to the originally-scheduled hearing date of November 15, 1984. TMIA is now constrained to begin discovery against two new licensee

- witnesseslof whom TMIA was not informed prior to the date of this filing, October 11, 1984. Therefore it appears impracticable for the Licensing Board to schedule the beginning of the hearing on November 14, 1984.

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l Respectfully submitted,

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Joanne Doroshow The Christic Institute 1324 North Capitol Street Washington, D.C. 20002 (202) 797-8106 j s.

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Lyrine Bernabei Gdvernment Accountability Project 1555. Connecticut Ave. NW #202 Washington, D.C. 20036 (202) 232-8550 Dated: October 11, 1984 Attorneys for Three ile Island Alert t

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UNITED STATES'OF AMERICA NUCLEAR REGULATORY COMMISSION DCLKETED USMC Before the Atomic Safety and Licensing Board M 00115 pig:gg In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289 ,

) (Restart-ManagementPhase)frjER.2 "'

(Three Mile Island Nuclear )

Station, Unit 1) )

)

SUBPOENA.

THE NUCLEAR REGULATORY COMMISSION AND IVAN W. SMITH, CHAIRMAN, ATOMIC SAFETY AND LICENSING BOARD, TO: Edwin Zebrowski, Electric Power Research Institute, 3412 Hillview Avenue, Palo Alto, California, 94303.

YOU ARE HEREBY COMMANDED to appear at a deposition to begin on Tuesday, November 13, 1984 at the Anchorage Building, 1555 Connecticut Avenue, N.W., Fifth Floor, Washington, D.C.

20036, to testify in the above-captioned matter by Intervenor Three Mile Island Alert. The deposition is scheduled to begin at 7:30 p.m., and to continue thereafter until completed.

The subject matter of the deposition relates to matters pertaining to the Dieckamp mailgram issue.

You have been subpoenaed by Intervenor Three Mile Island Alert, Inc.

Pursuant to the Commission's regulations at 10 CFR 2.720 (f) ,

on motion made by you promptly, and in any event before 7:30 p.m., on November 13, 1984, and on notice to attorney for j Intervenor, the Chairman of the Atomic Safety and Licensing Board, or, if he is unavailable, any alternative Chairman may j (1) quash or modify the Subpoena if it is unreasonable or l

requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable grounds.

YOU ARE HEREBY NOTIFIED THAT ANY FAILURE TO OBEY THIS SUBPOENA MAY BE DEEMED A CONTEMPT AND APPROPRIATE SANCTIONS MAY BE ORDERED.

~

DATED THIS day of , 1984 ATOMIC SAFETY AND LICENSING BOARD By:

Ivan W. Smith, Chairman l

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. l UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION DOCKETED USNRC Before the Atomic Safety and Licensing Board

'84 0CT 15 R2:12 In the Matter of )

1. ) C~FK F IE C.D ;

METROPOLITAN EDISON COMPANY ) Docket No.C 50'E28,9J STP /J

) (Restart-Managemen$ Phase)

(Three Mile Island Nuclear )

Station, Unit 1) )

)

SUBPOENA THE NUCLEAR REGULATORY COMMISSION AND IVAN W. SMITH, CHAIRMAN, ATOMIC SAFETY AND LICENSING BOARD, TO: Edwin Zebrowski, Electric Power Research Institute, 3412 Hillview Avenue, 4

Palo Alto, California, 94303.

YOU ARE HEREBY COMMANDED to produce the following documents by or before November 1, 1984, to Intervenor Three Mile Island Alert ("TMIA") counsel:

4

1. All personal notes, files, logs or data of you or your staff, as Director of the Nuclear Safety Analysis Center ("NSAC")

investigation and analysis of the TMI-2 Accident, collected or obtained during the course of conducting the NSAC investiga-tion and analysis of the accident, including but not limited to personal notes of conversations, discussions or contacts with General Public Utilities (" GPU" ) , GPU Service Corporation, Met-Ed, or other GPU subsidiaries concerning the TMI-2 Accident.

2. All correspondence and other written communication between licensee,on the one hand,and NSAC and/or EPRI, on the other, concerning the investigation and analysis conducted by NSAC or EPRI of the TMI-2 Accident; and

3. All correspondence, written communications, or reports by, to, or from NSAC or EPRI concerning the TMI-2 Accident and/

or reporting of information concerning the TMI-2 Accident to the.NRC or to the Commonwealth of Pennsylvania.

You have been subpoenaed.by Intervenor Three Mile Island Alert, Inc.

Pursuant to the Commission regulatior.s at 10 CRF 2.720(f),

on motion made by you promptly, and in any event before November 1, 1984, and on notice to attorney for Intervenor, the Chairman of the Atomic Safety and Licensing Board, or, if he is unavailable, any alternative Chairman, may (1) cuash 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 grounds.

YOU ARE HEREBY NOTIFIED THAT ANY FAILURE TO OBEY THIS SUBPOENA MAY BE DEEMED A CONTEMPT AND APPROPRIATE SANCTIONS MAY BE ORDERED.

DATED THIS day of , 1984.

ATOMIC SAFETY AND LICENSING BOARD By:

Ivan W. Smith, Chairman i

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