ML20100Q775
| ML20100Q775 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 12/11/1984 |
| From: | Sean Flynn CAROLINA POWER & LIGHT CO. |
| To: | Bright G, Carpenter J, Kelley J Atomic Safety and Licensing Board Panel |
| References | |
| CON-#484-646 OL, NUDOCS 8412170216 | |
| Download: ML20100Q775 (3) | |
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' 7tKETO Carolina ~ Power & Light diefspany POST OFFICE BOX 1531 Raleigh, North CaroliM2786B 14 N0:49
.12 GAL DEPARTMENT Wrieer's Direct Dial Number
'0FFICE OF ECfitIAa r
-(919) 8% 7 07 00CnEIg.yERVICF L Det ember 11,1984'
- (919) 8M-7678 James L.'Kelley, Esquire Mr. Glenn O. Bright Chairman Atomic Safety and Licensing Board
- Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission -
U.S.' Nuclear Regulatory Commisslort Washington, D.C. 20555 Washington,;D.C. 20555-Dr. James H. Carpenter Atomic Safety and Licensing Board.
U.S. Nuclear Regulatory Comission Washington, D.C. 20555 In the Matter of Carolina Power & Light Company and North Carolina Eastern Municipal Power Agency (Shearon Harris Nuclear Power Plant)
Docket No. 50-400C / _
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. Administrative Judges Kelley, Bright, and Carpenter:
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- During the conference call conducted ~ n Wednesday, December 5,1984, to discuss
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i matters relating to allegations against CP&L by Mr. Chan Van Vo, the Board asked me, as Applicants' counsel, certain questions about -the settlement agreement which
.Ihpplicant Cah'olina Power-& Light Company (CP&L) entered into with Mr. Van VoI advised the Board, as I had during the safety hearings on November 15,1984,' that CP&L.
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. settled with Mr. _ Van Vo as to his claims before the Department of Labor and'the Equal
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Employment Opportunity Commission for purely practical reasons.
I made cIw, 1
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lhowever, the settlement in no way affects the investigation into Mr. Van Vo's allegations which is currently being conducted by NRC's Office of Inspection and Enforcement, and p
that both Mr. Van Vo and CP&L are free to, and ought to, cooperate fully with I&E ir hs l
investigation.
.'In response to a direct question by the Board, I did state that the agreement entailed a money settlement and that the agreement specifies its amount. Subsequently, I explained that because the' settlement agreement contains a nondisclosure provision,
~ Applicants lare unable to disclose the specifics of the terms of the agreement unless 7
ordered' to do so by the Board. Mr. Eddleman expressed a need to see a copy of the
. agreement if the Board were to receive it. Chairman Kelly indicated the Board's desire and need to know the terms of the agreement. He further stated that Applicants could also provide an-amplification of its reasons for entering into the agreement that might i
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not be articulated in the agreement itself. I indicated that Applicants would provide
. such information. The Board concluded the matter by stating that it would issue an order requiring Applicants to provide a copy of the agreement to the Board and to Mr.
Eddleman under a protective order.
, Applicants have learned that. on Friday, December 7, 1984 Mr..Eddleman approached a reporter. for a local radio station to make a statement based on the
. discussion among the Board and parties during the conference call.
According to the radio report and the reporter, Mr. Eddleman stated that Applicants had made a cash settlement with Mr. Van Vo. He intimated that it was for "a substantial amount of 4
money". Of course there was no basis for him.to speculate as to the amount involved.
Mr. Eddleman went on to speculate about CP&L's motive in settling those claims. He indicated that if Applicants had not settled, Mr. Van Vo's lawyer would have' had access '
to CP&L records which would have revealed undisclosed safety problems as alleged by Mr. Van Vo. Of course, there is no basis for him to make this charge either. Applicants have repeatedly stated on the record in this proceeding that Mr. Van.Vo's claims are baseless..
Applicants are concerned about the implications of Mr. Eddleman's actions in this regard subsequent to his learning that he would soon receive a copy of the settlement agreement itself, as well as an articulation of CP&L's reasons for entering into the settlement.
By engaging in unwarranted speculation to the. media. about what the agreement may contain and CP&L's motivations for entering into it, Mr. Eddleman is clearly taking advantage of CP&L. Mr. Eddleman knows that the Company is limited in its ability to defend itself against such groundless charges given its legal obligation to abide by the nondisclosure provision in the agreement.
Obviously, the Board cannot prevent Mr. Eddleman from engaging in such conduct prior to the transmittal to him.of the agreement pursuant to a protective order.
Applicants believe, however, that Mr. Eddleman's actions call into question his
-willingness to abide by the spirit, if not the letter, of any protective order the Board should issue.
' Applicants request that the Board make clear to Mr. Eddleman that should the r
Board order that the agreement be disclosed to him under protective order, he will be precluded from discussing the agreement in any way with any person without the Board's p.
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-express authorization.
Submitted by:
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Samantha F. Flynn
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Associate General Counsel Carolina Power & Light Company L
Post Office Box 1551 Raleigh, North Carolina 27602
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(919) 836-7707 l.
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- Attorneys for Applicants
Thomas A. Baxter, P.C.
Shaw, Pittman, Potts & Trowbridge
'1800 M Street, N.W..
Washington,~ D.C. 20036 (202) 822-1000.
Richard E. Jones, Esq.
. Carolina Power & Light Compmy e
Post Office Box 1551 Raleigh, North Carolina 27602
~ (919) 836-6517-O I-
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