ML20097D353

Application for Issuance of Subpoena Duces Tecum to J Herbein Re Dieckamp Mailgram.Proposed Subpoena Encl. Related Correspondence

ML20097D353
Person / Time
Site:	Three Mile Island
Issue date:	09/10/1984
From:	Bernabei L, Doroshow J GOVERNMENT ACCOUNTABILITY PROJECT, THREE MILE ISLAND ALERT
To:	Atomic Safety and Licensing Board Panel
Shared Package
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References
SP, NUDOCS 8409170455
Download: ML20097D353 (4)

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l TMIA 9/10/84 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before.the Atomic Safety and Licensing Board In the Matter of )

)

METROPOLITAN EDISION COMPANY ) Docket No. 50-289

) (Restart-Management (Three Mile Island Nuclear ) Phase)

Station, Unit 1) )

APPLICATION FOR ISSUANCE OF SUBPOENA DUCES TECUM Pursuant to Section 2.720 of the Commission's regulations, Intervenor Three Mile Island Alert applies to the Atomic Safety and . Licensing Board for the issuance of a Subpoena. Duces. Tecum to ~ John Herbein, employee of Penelec, for the purpose of requiring the above-named individual to produce documents at the deposition scheduled to commence in this matter on September 25,

~

1984 at 1:30 p.m.- A copy of the proposed Subpoena is attached.

The documents of Mr. Herbein, who was at TMI-2 the day of the accident and was involved in reporting of information, are relevant to the issue ' of the "Dieckamp mailgram" and related events which are the subject of this hearing.

WHEREFORE Intervenor TMIA respectfully requests that the Chairman of the Licensing Board issue a Subpoena Duces Tecum in the form octached hereto directing Mr. Herbein to prod'uce the

. requested documents, at his September 25, 1984 deposition.

~

8409170455 840911 PDR ADOCK 05000289 0 PDR

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,i 2-f' Respectfully submitted,

,DYW- YON J' nne Doroshow 1 24 North Capitol Street ashington,--D.C. 20002 (202)-797-8106 2n _& E Ly Go(rVeBernabei vernment Accountability.Projeet 1 55'.ConnecticutAve. N.W.

Wa(shington,D.C.-20036 (202) 232-8550

~ Dated: September 10, 1984 Attorneys for- Three Mile Island Alert-Li-4 9

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l UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COMMISSION l Before the Atomic Safety and Licensing Board In the Matter lof- )

)

METROPOLITAN EDISION COMPANY ) Docket No. 50-289

) (Restart-Management

~(Three Mile Island Nuclear ) Phase)

Station, Unit 1) )

SUBPOENA DUCES TECUM THE NUCLEAR REGULATORY COMMISSION AND IVAN W. S!!ITH, CHAIRMAN, ATOMIC SAFETY AND. LICENSING BOARD, TO: John Herbein, currently within the employ of .GPU subsidiary Pennsylvania Electric Company, 1001 Broad St., Johnstown, PA 15906.

YOU -ARE HEREBY COMMANDED to produce the following documents-at your deposition scheduled to commence on Tuesday, September 25, 1984, at 1.30 p.m. at the Friends Meeting House, 6th and Herr Streets (1100 6th St.), Harrisburg, PA, 17102:

1. All personal notes,- l ogs, diaries, and any other documents contained in your personal file, concerning the dates of March 28, -March 29, and March 30, 1979.

2. All interviews in your possession which were taken concerning the March 28, 1979 accident.

3. ~ All correspondence and other written communications between you and General Public Utilities, Metropolitan Edison Company, GPU' Service Corporation, GPU Nuclear Corporation or Group, Pennsylvania Electric Company, or

' Jersey Central Power and Light Corp., or employees

thereof regarding the dates of March 28, March 29 or

_w..

+ 7 . .

March 30, 1979.

4. All correspondence and other written communications ,I between you and General Public Utilities, Metropolitan Edison, Company, GPU Service Corporation, GPU Nuclear Corporation or Group, Pennsylvania Electric Company, . cur Jersey Central Power and Light Corp., or employees thereof regarding reporting of information during the March 28, 1979 accident to the NRC or the Commonwealth of Pennsylvania.

.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 1:30 p . m . ,' on' September 25, 1984, and on notice to attorney for Intebyenor, the Chairman of the Atomic Safety and Licensing -

Board, or, if he is unavailable, 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 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 2