ML20099E730

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Requests Congressional Hearing Re Falsification of Leak Rate Data Case.Doj & NRC Deliberately Dragging Feet So That Statue of Limitations Expires Before Prosecution Initiated
ML20099E730
Person / Time
Site: Crane Constellation icon.png
Issue date: 10/01/1983
From: Jun Lee
AFFILIATION NOT ASSIGNED
To: Gilinsky, Palladino, Roberts
NRC COMMISSION (OCM)
References
NUDOCS 8411260047
Download: ML20099E730 (4)


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Oct. 1, 1983 MEMORANDUM FOR: Omirman Palladino Commissioner Gilinsky Commissioner Roberts Commissioner Asselstine Commissioner Bernthal FRON:

Jane Lee 183 Valley Ed.

Etters, PA 17319

SUBJECT:

STA'RFTET LIMITATIWS ON U.S JUSTICE DEPARTMENT"S INVESTIGATIN & HARTMAN ALLEGATIONS...FALSIFICATICN 7 LEAX RATES.

Following the accident at Three Mile Island, Unit 2, Barold W. Hartman, JE.,

Control Room Opetor at Unit 2, reported that leak rate tests were falsified to prevent the required shut-down of the reactor.

This illegal practice was occurring at least three months prior to the accident.

Upon receipt of these revelations, the NRC turned the information over to the U.S. Justice Dept.. A Grand Jury was empaneled on May 12, 1980, to

' investigate the allegations. Secret testimony was heard from at least twenty witnesses during the Dept. of Justice investigation.

Since the inception of the investigation, the U.S. Attorney's Office exchanged leaderships former U.S. Attorney Carlon M. O'Malley and the present Reagan appointee U.S. Attorney David Dart Queen. Two U.S. Attorney Assistants, James West and Sally A. Lied, were appointed to the false-leaA-rate investi-gation.

The Statute of Limitations on this type of crime is five years.

Those five j

years will terminate in early 1984 NRC Chairman Nunzio Palladino and Harold Denton, Director of Reactor Regulation, both requested information from the Justice Dept. sometime in April 1983, as to why the investigation was taking so long.

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Because the Statute of Limitations is rapidly closing, two local residents visited the U. S. Justice Department at 3rd & Waltaat Streets, Harrisburg, PA on September 29, 1983, to request the status of the investigation.

"Was it on-going or completed?" we asked. This was the extent of our inquiry We were informed by the Justice Department that:

1 "We(JusticeDept.)arenotatlibertytomakeanycommentonthecom-pletion of this investigation".

i The deliberate submission of false statements to the NRC is a felony which is subject to criminal prosecution.

The demeanor and verbal response at the Justice Department gave us pause for thought about the U.S. Justice system.

Our reservations are compounded by U.S. Attorney i

David Hart @eens's statements to a Patriot News Reporter on June 7,1983:

"I'm not required by law to seek the Attorney General's approval" 'of a Grand Jury Indictment.

No doubt Mr. @een is within his bounds of the law, but if such is the case, are.we to look upon the U.S. Justice system as selective?

This issue, as I view it, has all' the overtones of Watergate in that it

' suggests the obstruction of justice.

t The moment of truth has arrived and requires the attention of those who are responsible for bringirig this investigation before the public to j

determine if the Justice Dept. 's investigation revealed wrongdoing and if so, that it demands a Grand Jury Indictment.

We respectfully request a Congressional Hearing to bring the case of General Public Utilities versus the People (Falsification of leak rate data) before the Congress.

To do otherwise, makes a mockery of our judicial system and the Constitution of the United States.

Please send any correspondence or verbal action that is taken regarding i

this subject to ae.

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Ja n ke i

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Senator H. John Heinz, III York County Commissioners.

'I' Senator Arlen Spector Jay Bair Rep. George Gekas Robert Bowers (or Saccessor)

Rep. Paul Tsongas Mayor St even Reed Rep. lidward J. Markey Harrisburg, Pa Rep. William Goodling

-Mayor Reid Governor Richard Thornburgh Middle town, PA PA Rep. Bruce Smith PA Rep. Harold-Brown PA Rep. Leroy Irvis Minority Leader PA Rep. James J. Manderino, Minority Whip Dauphin Commissioners:

John E. Minnick Norman P. Hetrick Iarry Hochendoner

  • Quaberland Commissioners:

Mrs. Jacob A. Myers Nelson Punt Rosemarie C. Peiffer Iancaster Co. Commissioners James E. Huber Robert C. Boydr Jean Mowery or Successor-i Interior & Insular Affairs (Udall Committee)-

Morris Udall, Chairman Henry Myers Paul Parshley 1

Saul Kohler, Patriot News j

Middletown Journal York Daily Record Lancaster' Intelligencer Paxtang Herald Union Advocate 7he York Dispatch iii. -

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No.83 2350 to,,,,,,,,, l o/s/83 NRC SECRETARIAT

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o.ie EXE Exec. Dir./Oper.

O cen. co a.es O coa.ti.i.on soiiciier Public Aff. irs O s.crei.rv Q_

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O Polley Evolustioa incom.a.

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From:

Etters. PA To:

Palladino/Cmrs 10/1/83 o

sq. _ statue-of limitations on.g.U.S Justice Dept's

__ investigation of Hartman allegations--falsification of leak rates l

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XM For direct reply' Suspense: Oc,t 17 O For.poropri.ie.ciion For inform. tion (ID&R-5TMI-2) l l

Docket Rem rts:

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For the Commi.sion:

billis 6

  • Send three (3) copies of reply to Secy Correspondence.nd Records Branch.

Rec'd Off EDO wnc PoRM s2A 03$4..

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