ML20102A206

General Interrogatories & Request for Production of Documents Re Employment of Cv Vo.Related Correspondence

ML20102A206
Person / Time
Site:	Harris
Issue date:	02/04/1985
From:	Eddleman W EDDLEMAN, W.
To:	CAROLINA POWER & LIGHT CO.
References
CON-#185-466 OL, NUDOCS 8502080199
Download: ML20102A206 (12)

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, UNITED STATES OF AMERICA l .

0: m tra NUCIEAR BEGULATORY COMMISSION ~N:

'85 FEB -7 P1 :09 BEFORE THE' ATOMIC SAFETY AND LICENSING BOABD Olenn 0. Bright :r ; 7. e Dr. James H. Carpenter uc:.%g .lH James L. Kelley, Chairman ' MCH 2- b e

In the Matter of )0 J Docket 50 400 OL s CAB 0 LINA' POWER AND LIGHT CO. et al.

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(Shearon Harris Nuclear Power Plant, Unit 1 . )

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WellsEddleman'sGeneralknterrogatories -

to Aeolicanta Carolina Power & Light et al.

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Under 10 CPR 2.7h0, 2 7k1 and the Board's 9-22-52 Memorandum (s) andOrdehWellsEddlemanrequestGApplicagt t wr parate and fully in writing, unde'r oath or affirmation, each of the

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following interrogatories, and to produce a permit inspection anil copying of the original' or best copy of all document's identified in resnonse to interrogatories as set forth below. .

These interrogatories are intended to be continuing in nature, andIroguesteachanswertobepromptlysupplement ae ed I reg anoroeriate under 10 CFR 2 7kd(e), should CP4, NCEMPA, .any o[her p Sg or any contractor' or consultant to any, sone or al1~ of those, e Apolicant, Aor any e loyee of any or some or all of them, or any J individual acting on behalf of any or some oF all of them, obtain g or create any new or differing information responsive to these

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. genera ("Them"refeastotheprecedingornro$n(s))

nterrogatorie . The request d tion of documentr

. is also continuing .and recuests Applie: ants to nroduce tromotly. if not itwiediately.any additional documents the Applicants and others '

, acting on their behalf or employed by them, as lis'ted in the previous Obb .

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sentence, obtain which are responsive to the request (s) for nroduction of documents below.

Where identification of a document'is roguested, clease briefly describethedocument(e.g. book, notebook, letter, memo, report,

. notes, tran:;cript, minutes, test data, log, etc. ) and provide the following inforaation as apylicable: document name, title, number,

, author (s), date of writing or of publication or both, addresses, date aproved, by whom aproved, and the name and address of the versens ha'ing normal custody of tha document, and name and addness of any yerson other than the preceding having actual possession of the document. When identifying documents in reseonse to these interroEatories and reguests, please state the portion or portions of the document (e.g. sections, chafrs, pages, lines) upon which Applicants rely or which Ap{licants swear or affirm is/are responsive i

to the applicable interrogatory or veguest.

! DEFINITIONS herein:

" Harris", " Harris Plant", "SHNFP", or " plant" where not specified otherwise, all mean the Shearon Harris Muelear Power Plant.

" Applicants"meansallofthepersons,emeloyees, consultants, contractors and corporations as listed in the first sentence of the second paragraph on page 1 of this document, above.

"FSAR" means the Harris Final Safety Analysis.*eoort.

"ER" means the Harris Environmental Penort.

" Document ()" means all writings and records of ever7 tyne,

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including electronic and ermnuter records, in the posession, control licarts' or custody of Aplicants or any individual (s) act$ng on A L

behalf, including, but not limited to: venorts, books, memoranda, corresnondence, notes, minutes,yaqphlets, leaflets, magazines, articles, surveys, maps, bulletins,photogranhs, speeches, transcripts,

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,. voice recordings, com7 uter piintcuts, information stored !n coyutors or connuter peripheral devices such as disks, drums, etc., voice z.

recordings, microfilm, microfiche and all other writings or scordings of any kind (s); and cooles of any of the preceding even though the original (s) are not in the possession of Applicants or in their custody or control. Document (s) shall be deemed to be within the any control of Applicants or individual's) acting on their behalf if they have ownership, ossession, or custody of the document (s) or a cony thereof, or have the right to secure the document (s) of a cop thereof, from any person or public or private entit7 having ph7 sical possession thereof.

Each definiti.on given above a plies within all other definitions above.

G5NERAG la)TElW06ATDW G1 (a) Vhich contentions of Wells Eddleman do Applicants agree are now admitted in this croceeding, N*C Dockets 50-1400/1401 0.L.?

(b) for each such contentien, provide for any answers to interrog-stories by Vella Eddleman which Aeolicants have previously or uresently received (except those suspended by Board order, if any), the following infornation:

(c) Please state the name, present or last known address, and uresent or last known encloyer of each person whom Apolicants believe or know (1) has first-hand knowledge of the facts alleged in each such

, answer; or (2) uoan whon Applicants relied ( other than their attorneys) in making such answer.

(d) elease identify all facts concerning which each such nerson idenHfied in resconse to 01(c)(1) above has first-hand knowledge.

(e) please identify all facts and/or documents upon which each nevson identified in response to 01(c)(2) above relied in protiding informationtorespondtotheinterrogatory,includingtheparts of such documents relied ueon.

Y y ql(ed 9 04 (f)Pleaseidentifyanyotherdocument(s)used/byA licants i in responding to the interrogaton.

(g) Please state which specific fact each docunent, identified in resnonse to G1(e) and GL(f) above, sunports, in the oninion er .:

belief of Aunlicants, or which Aunlicants allege such document supnorts. @

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! (b) Please state specifically what information each person

identified in resnonse to 01(c)(1) or G1(c)(2) above nrovided to l

• or for Anplicants' affiant in answering the interrogatory. If any -

E r of this information is rot docunented, nisase identify it as (

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"undocunented" in resnonding to this sect'.on of General InterrcFato7 Gl.

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E G2.fa } *1 ease state the name, present or last known address, L )

g title (if any), and oresent or last known e 7 oyer, 1 and econonic -

i interest (shareholder, bondholder, contractor, ewloyee, etc. ) if i 7 or other 4

any (beyond exnertgwitness fees) such nerson holds !n Applicants or exnect 2 or an7 of them, for . each nerson you intend to j ce.11 as en . exeert 1 witness or a witness in this proceeding, if such information has g not nreviously been supnlied, or has changed since such infomation j m

was last supplied, to Wells Eddlenan. This applies to Eddlenen e o* stinulated by Annlicants, d and Joint(b). Contentions as each Please identify admitted'ntention co regarding which each g y

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such person is exnected to testify. g --

(c) Please state when you first contacted each such verson g h -

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with regard to the possibility of such norson's testifying for j

{ Apolicants, if you have contacted such verson.

(d) Please state the subject natter, separately for each

3-contention as to which each such person is expected to testify,

whicheachsuchpersonisexpectedtotestifyto. g j

k ( e') Please idontify all documents or earts thereof unon which each such witnssa is expected to, nians to, or will rely, t g

in testifying or.in preparing testimony. g i

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5 03(a) Please identify any other souwce(s) of information which A9plicants have used to resoond to any inteyrogatory identified under 01 above, stating for each such source the interrogatory to which it relates, and what information it provides, and identifying where in such source that information is to be found.

(b) Please identify any other sourceh)of information not urevicusly identified upon which any witness identified under G2 above, or or exhibits other witness, has used in trenaring testinenp/, or exnects to use in testimony or exhibits, identifying for each such source the witness who is exoected to use it, and the nart or part(s) of such so urce (if applicable) which are expected to be used, and, if not (or both) ureviously stated, the fact (s) or subject matter to which such source relates.

and which

-G4(a) please identify all documents,gnages or sections thereof Applicants intand or expect to use in cross-examination of any witness I call in this hearing. For each such witness, please urovide on a timely basis (ASAP near or during hearings) a list of all such documents, the subject natter Aeolicants believe they relate to, and nake the document (s) availabne for insnection form intent 1 and conying as acon as possible after Applicants decide orjiniand to use such document in cross-examination.

(b) please identify any undocumented information Applicants intend to use in cross-examination of each such witness for me.

05 (a) for each contention Apolicants state or admit is an admitted Eddleman contention under G1(a) above, or an admitted joint intervenor ' contention, please state whether ppplicants have available to them experts, and information, on the subject matter of the contention.

(b) If the answer to (a) above is other Gian affirmative, state ~ whether Aunlicants exeect to be able to obt&in exnertise in the subject matter, and information on it, and if not, why not.

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_9 G-6(a) for each document identified in resnonse to any interrogatory herein, or referenced in response to any interrogatory herein, please supply all the following information which has not already been supulied:

(1) date of the document (ii) title or identification of document (iii) all authors of the document, on the author (iv) all qualifications (professional, technical) of each author of the document of the document, (v) the specific parts, sections or pages, if any, upon which Applicants rely (vi) the specific information each nart, section or page identified in resnonse to (v) above contains.

(vii) identify all documents used in urenaring the docunent, to-the extent known (and also to the extent not identified in the docunent itself) / f, '

Dr N N TNC Y M (viii) state whether Applicants possess a covy of the l j p4 doc ument (1x) state all expert opinions contained in the document, upon which Apulicants rely, or identify each such opinion.

(x) identify the contention (s) with resnect to which Annlicants rely upon (a) the expert oninions (b) the facts identified in the docunent (xi) state whether Apolicants now ennloy any author (s) of the document, identifying each such person for each document.

(xii) state whether Applicants have ever emuloyed any authdls) of the document, identifying each such person for each document.

l (xiii) identify all sources of data used in the document..

Answers to all the above may be tabulated or grouped for efficiency.

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G-7(a) Please identify all documents which Applicants plan, exoect or a intend to offer as exhibits (other than for cross-examination) with respect to each Eddleman contention admitted in this proceeding which (i) is included in your current resnonse to 01(a), or (ii) is the

, subject of interrogatories in this set; please state for which contention or contentions each exhibit will be or is exnected to be offered.

(b) Please identify all documents which Auplicants nian, expect op intend to use in cross-exanination of any other parties' witnesses or joint intervenor witness in this proceeding, with resoect to (1) Eddleman contentions identified under G-7(a)(i) (or G1-(s))

above, or any other Eddleman contention which is the subject of inter-rogatories in this set; (ii) each Joint contention now adnitted in this proceeding; (iii) per our agreenent of h-6-83, each contention of each other party to this proceeding which is cu=rently admitted.

Please identify for each such document the witnesses, or witness, and all contentions with resnect to whom (or which) that document is planned, expected, or intended to be offered or used.

(c) Please identify which of the documents identided in response (i) to (b) above will be offered into evidence by Anolicants, and (ii) which of the same documents Apolicants expect to offer into evidence or intend to offer as evidence or exhibits in this proceeding.

Odb/df Spechc ldWQ M.S h be G-10(a ) Where the above general interrogatories, or any of them, call for identification of documents, (1) and no documents are identified, is that the sane as Apolicants . stating that there are no documents resnonsive to this general interrogatory, in each case where no documents are identified? (ii) and documents a_,re identified, is that the same as Applicants stating that the identified e

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documents are the only ones presently known which are responsive to the interrogatories ? (iii) If your answer to G-10(a)(ii) is s

other than affirmative, please state all reasons for your answer.

f (iv) If your answer to G-10(a)(1) above is other than affirmative,

please state all reasons for your answer.

(b) Where any interrogatory, general or specific, herein, calls for factual information (1) and an opinion is stated in response, is that the expert opinion of any person (s) identified as having I

contributed information to that response? (ii) and facts are given or E

identified (or a fact is) in resnonse, but no documents are identified, j does that mean Applicants have no documents containing such fact (s)?

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( (iii) If your answer to (i) above is affirmative, please state for

each

1. each such response all qualifications of expert upon whom

? E-Applicants rely for each such answer. The qualifications need j be stated only once for each such person if they are clearly

! referenced in other answers. (iv) if your answer to (1) above is other than affirmative, please state which oninions, if any,

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l[ given in response to interrogatories (general or snecific) herein

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is the opinion of an expert, identify' each expert whose opinion k

you used in response to each interrogatory, and state in full the h qualifications of each such expert. (v) If your answer to (1)

P-P above is other than affirmative, please identify all opinions E

L of non-experts used in your resconses, and identify each non-E expert whose opinion is included in each answer herein.

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(vi) If your respnse to (ii) above is other than affirmative,

- please identify each document which contains a fact not previously documented in your response (s), ' stating what the fact is, and at L what page, place, chapter or other specific part the docunent contains such fact.

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G-11 For each answer to each interrogatory herein (or any subpart or part thereof), please identify each iten of f nforstion in possession of Applicants (includire facts, opinions of experts, and documents) which (a) contradicts the answer you made, (i) in whole (ii) in part (please identify each such part for each item of information identified); (b) casts doubt on your answer (1) in whole (ii) in part (please identify each such part for each iten of information identified). (c) Please identify all documents not already identified in resnonse to narts (a) and (b) above (and their subparts) which contains any item of information asked for in (a) or (b) above. Please identify for each such

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document what information iten(s) it contains and what answeip) each such iten is related to. ,

G-12(a) In your previc a fVChif.?

nswers where you have not identified documents, (1) have all relevant documents been produced in lieu of stating identification of each such document? (ii) do you rely on the entire document, since you have not identified parts or page numbers? (iii) if there are any particular parts or pages of each document produced, whi.h you believe are resconsive to an interrogatory or protion thereof, please identify each set l of parts or pages in each document, together with the interrogatory or protion thereof (or interrogatories 'and/or portions thereof) to which it is responsnive. (iv) where no documents are identified and identification of documents has been requested, are you .saying such

! no documents exist? Or that no such documents are in your possession?

(b) In your present answers, are you actually identifying documents -

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where identification of documents is requested? (c) If not, how are you doing to provide identification of documents? -Will that identification include statements of relevant pages .or parts?

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3 41-G-1. Please identify fully all documents which:

((,a) contain any of the followings

( (1) any information in the personnel file of Chan Van Vo (also known as Van Vo Davis,or the same person under any other name)

(ii) Chan Van Vo's application for employment, work assignments, I work record, transfers, applications for transfer, job performance evaluations, probation, disciplinary actions '

proposed or taken with respect to Chan Van Vo or Van Vo's i termination from CP&L, any written or verbal warnings

'to Chan Van Vos all records of Van Vo's attendance, hours worked, promotion (s), recommendations for promotion (s), -

and any other information concerning Van Vo's employment, work performance, hiring, " counselling", or allegations raised byl Chan Van Vo concerning safety (or lack of it) of work related to the Shearon Harris Nuclear Power Plant. -

(iii) Any records or documentation ~concerning, directly or indirectly, any and all meetings, conversations.-. inter-views, discussions, or information not to be discussed (in all cases including written or verbal, formal 'or infor-mal' meeting's, discussions,i etc.) with anyone (including other CP&L and Daniel employees or other persons employed

..at the Shearon Harris site, supervisors, CP&L quality

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assurance personnel, M.A. McDuffie, E.E. Utley, NRC -

personnel,.other.. investigators, news media,'or anyone jelse) which directly or-indirectly. concerns' Chan Van Vo, his work performance his safety -concerns, any others ~

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_ concerns raised by him~ to CP&L supervisional management,-

disciplinary action against Chan. Van Vo, " counselling"

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iChan Van Vo concerning work-performance'.or any other j matters, transfers,. promotions, hiring, firing, harassing, J or retaliating) against Chan. Van Vo s ' or allegations raised by Chan' Van Vo with the. Nuclear Regulatory Commission (NRC), ,

'=c ,[~ , .Departm'ent _of. Labor' _(DOL) , Department of Justice '.(DOJ) ,

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-Government Accountability Project (GAP),? Citizen.intervenor fN groupsi or .. individuals. news- mediaD or any government or' i n private investigatory body..

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(iv)- any other information directly or indirectly concerning, evaluating, discussing, or in any way mentioning Chan Van

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Vo, any proposed or actual action tukun against him, or any other information concerning Chan Van Vo or his safety concerns or other concerns:

(v) any and all internal CP&L or external investigations or inquiries concerning Chan Van Vo, his work performance, any action against Chan Van Vo, any action proposed to

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be'taken with respect to Chan Van Vo, any allegations made by Chan Van Vo or any contacts between Chan Van Vo and NRC or DOL or DOJ or GAP or any citizen intervenor group, or any news media or any other persons (vi) any records or evaluations or Chan Van Vo's work performance, including evalutions made either before, at the time of, or after Chan Van Vo's being placed on probation:

(vii) any evaluations or reports on Chan Van Vo's allegations (including the Cobb Report), identifying each document

, produced or used in preparing, or in connection with such evaluation (s) or report (s), and any information which was avaliable to the preparer (s) of such evaluation (s) or report (s) which was not used or reported in such evaluation (s).

or report (s):

,'; (viii) any internal or external investigation (s), evaluation (s),

or inquiry (ies) into Chan Van Vo's character, employment

. qualifications, or job performance.-including any informa-

- tion requested or sought, any questions asked, and all L information received

T_ (ix) medical or psychological reports, evaluation (s) and/or h

" 1 record (s) concerning Chan Van Vos (x) informatio'n .concerning the dates or matters discussed in E- . meetings;between Chan Van Vo and any higher ranking CP&L employee, concerning any matters raised as concerns by Chan Van-Vo.

! -(b) . Refer to' any of the ' items o'r matters listed in (a)(1)-(x) above b .A "(c) 'may have contained or referred ta any. of the -matters inquired ,

abou't'above but-which has been.(1): destroyed,;(2) lost, (3)'given ,

,away--(4) loaned to anyone.'(5) mislaid,.or (6) otherwise found D

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unavailable'for inspection c.ny copying. For each such' document please provide a' summary of the contents.of.such document, the

date when the document was destroyed, lost, loaned, given away, E

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c mislaid, or otherwise became unav&ilable, and all reasons whys and the name and address or any other person (s) who have or may have said document or a copy of it, or information the docu-ment contains or contained.

41-G-2(a) Please identify all documents used by, reviewed by, or in the possession of Alex Fuller, Ed Willett, E.E. Utley, M.A. McDuffie, A. Parks Cobb, Jr., or any other person who was employed by CP&L and supervised or met with or investigated Chan Van Vo, which concern

- Chan Van Vo or any action or allegation by Van Vo, including notes, recordings or any other information, stating who possesses each item

. of information (including information used by or reviewed by i any person including those named above, which is not now in that person's possession. (b) Please make available all statements, notes, or other information produced by or podessed by any of the persons inquired about above, or any other persons, concerning meeting with Chan Van Vo, discussion (s) or conversation (s) with Chan Van Vo, or investigation of, disciplinary action against, or any other action against, Chan Van Vo.

REQUEST FOR PRODUCTION OF DOCUMENTS Wells Eddleman hereby requests that may documents identified in response to'the above interrogatories be produced for inspection and copying. In light of the short discovery deadline I request that any documents or parts of documents found to be available be made_ avail-able as soon as possible, regardless of the time it takes to locate or

produce the rest of such documents or the time it takes _to produce other documents. (This is not a waiver of production times,'but a request for rapid production). Chan Van'Vo's counsel advises me that Chan Van Vo is aware of.these requests and-has no objection to my receiving or reviewing any documents concerning the matters-inquired About above. )

4LFebruary 1985-Wells Eddleman

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