ML20108A940

Application for Issuance of Subpoena Directing Dh Gamble to Appear on 841120 on Behalf of TMI Alert,Inc.Unexecuted Subpoena for Dh Gamble Encl.Related Correspondence

ML20108A940
Person / Time
Site:	Three Mile Island
Issue date:	11/13/1984
From:	Bernabei L, Doroshow J CHRISTIC INSTITUTE, GOVERNMENT ACCOUNTABILITY PROJECT, THREE MILE ISLAND ALERT
To:	Atomic Safety and Licensing Board Panel
Shared Package
ML20108A943	List: ML20108A940 ML20108A971
References
CON-#484-132 SP, NUDOCS 8411150259
Download: ML20108A940 (6)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

. '84 [014. P3:58 Before the Atomic Safety and Licensing Board-

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METROPOLITAN EDISON COMPANY )  ;, Docket No. 2893/O

) (Restart - Management Remand) .

• (Three Mile Island Nuclear )

Station, Unit-No. 1) )

APPLICATION FOR ISSUANCE OF SUBPOENA Pursuant to 10 CFR 2.720 Intervenor.Three Mile Island Alert ("TMIA" ) applies to the ' Atomic Safety and Licensing Board for the issuance of a Subpoena to David H. Gamble, for the purpose of requiring him to appear and give testimony at this hearing on the matters which appear in Mr. Gamble's written testimony prefiled with this Licensing Board on November 1, 1984.

TMIA requests a subpoena directing him to appear and give

testimony on November 20, 1984, at 9

30'a.m.

Mr. Gamble has requested that he be subpoenaed to testify with regard to the matters included sithin his prefiled testimony and other relevant matters regarding his official

.dutues while he was at the NRC. See November 2, 1984, Letter of D. Gamble to TMIA Counsel L. Bernabei, attached and incorporated herein as Exhibit 1.

A copy of the proposed subpoena is attached.

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- i Si f. WHEREFORE Intervenor TMIA respectfully requests that the chairman ~of the Licensing Board' issue a Subpoena in the form attached hereto directing Mr. Gamble to appear and to give testimony in'the abovecaptioned action on November 20, at 9:30 a.m.

Respectfully submitted, M ~

L n} Bernabei' -

G ernment Acco'untability Project- / ,

1 5' Connecticut Ave. N.W. l Suite 202 Washington, D.C. 20036 (202) 232-8550 O*t h Joanne Doroshow 5[.w '

The Christic Institute 1324 North Capitol Washington, D.C. 20002 (202) 797-8106 DATED: November 13, 1984 Attorneys for Three Mile Island Alert i

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EXHIBIT 1 g3PONDENCb WW .-.. .

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'84 - OV 14 P3 $8 November 2, 1984 e N JJ1 o S[

.Lynne Bernabei, Esquire , ,.. m:H Government Accountability Project 1555 Connecticut Avenue, NW Washington, DC 20009 J.

Dear Ms. Bernabeir 'J.,

This confirms our recent telephone conversations during ,

which you inquired as to my availability to testify at an -

upcoming hearing before a U.S. Nuclear Regulatory Commission (NRC) Atomic Safety and Licensing Board. You indicated that you wished me to testify concerning the NRC's investigations relating to the accident at Three Mile Island Nuclear Power Station. My reply was that, in response to a subpoena, I would testify _at such a hearing regarding my official duties at the NRC.

Subsequently you' requested that I p'rovide you informally with details regarding_the matters on which I would testify'so you could (1) respond to interrogatories and (2) " pre-file" my testimony. You will recall my initial reluctance to provide this information outside the context of a hearing. I was '

flabbergasted to learn that the NRC was the party requesting this information of me, through you. The net result was that a Government attorney was requesting information of another Government official by going through a non-Government attorney.

While not questioning either your integrity or ability to faithfully recount my answers to the NRC, I find this procedure to be rather strange indeed.

I eventually consented to providing this information to you only after receiving assurances from both you and NRC sttorney Jack R. Goldberg that this constituted standard NRC procedure.

(Note that Mr. Goldberg and I did not communicate directly. He apparently feels strongly that such direct contact would be unethical because you are subpoenaing my testimony; therefore I obtained these assurances via another current-NRC employee who was in direct contact with Mr. Goldberg.) Finally I am also relying on your assurances that the proper subpoena is ,

forthcoming. -

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2 One last point which I wish to re-emphasize is that I am not ,-

testifying as an official representative of.the Department of Defense; my testimony relates only to my former duties with the NRC.

Sincerely, David H. Gamble .-

c/o DCIS

, P.O. Box 9290 Alexandria, VA 22304-9998 -

Copy to Jack R. Goldberg, Esq., NRC W

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RELATED CORRESPONDENCE UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION j nrn Before the Atomic Safety and Licensing Board

'84 RW 14 P3:58' In the Matter of )

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METROPOLITAN EDISON COMPANY ) Docket No. 50-289- 2 , (r r

) (Restart - Management Remand):t (Three Mile Island Nuclear )

Station, Unit No. 1) )

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SUBPOENA THE NUCLEAR REGULATORY COMMISSION AND IVAN W. SMITH, CHAIRMAN, ATOMIC SAFETY AND LICENSING BOARD, TO: David H. Gamble, c/o DCIS, P.O. Box 9290, Alexandria, Virginia, 22304-9998.

YOU ARE HEREBY COMMANDED to appear and to give testimony in the abovecaptioned action on the subject matter of your written testimony.prefiled with this Atomic Safety and Licens-ing Board on November 1, 1984, and other matters deemed relevant by this Board on the Dieckamp Mailgram issue.

You have been subpoenaed to appear to testify on November 20, at 9:30 a.m., by Intervenor Three Mile Island Alert, Inc.

Pursuant to the Commission's regulations at 10. CFR 2.270 (f) ,

on motion made by you promptly, and in any event before 9:30 a.m., on November 20, 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 of the Board, 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 ground.

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

DATED THIS DAY OF , 1984.

ATOMIC SAFETY AND LICENSING BOARD By:

Ivan W. Smith, Chairman. .

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