ML20126F481
| ML20126F481 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 06/10/1985 |
| From: | Mizuno G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#285-441 OL-2, NUDOCS 8506170498 | |
| Download: ML20126F481 (23) | |
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June 10, 1985 UNITED STATES 0F AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of ) Og[CED
)
TEXAS UTILITIES ELECTRIC ) Docket Nos. 50-445/2 COMPANY, et al. ) 50-446/2 '85 JUN 13 P4:50
)
(Comanche Peak Steam Electric )
Station, Units 1 and 2) ) pFFlQ gg ^{C Ej,p{'
ERANCH NRC STAFF RESPONSE TO CASE REQUEST FOR IMMEDIATE ORDER DIRECTING STAFF TO PRESERVE DOCUMENTS I. INTRODUCTION CASE has filed a " Request for Immediate Order Directing Staff To Preserve Documents" (May 31, 1985) (" CASE's Request"). CASE's Request is accompanied by an affidavit by Billie Pirner Garde, dated May 31, 1985
( Garde Affidavit"), and a copy of a Freedom of Information Act ("F0IA")
request by the Government Accountability Project (" GAP") (May 13,1985).
CASE's Request states that GAP initiated a F0IA request for, inter alia, documents on CPSES which were received by or generated Mr. Victor Stello, the Deputy Executive Director for Response Operations and Generic Require-ments. According to CASE, Ms. Garde was advised in a telephone call by the NRC's Freedom of Information & Privacy Branch ("F0IA office") that documents responsive to GAP's request "had been discarded or destroyed by Mr. Stello." CASE Request, p. 1; Garde Affidavit. GAP " confirmed" B506170498 850610 i PDR ADOCK 05000445 l O PDR
, this information in a second telephone call on May 30, 1985. 1_/ CASE also represents that:
[n]o indication was provided whether this destruction occurred before or after the F0IA request, or whether it represented Mr. Stello's standard procedures with documents generated or received by him in the normal course of his employment.
CASE Request, p. 1. However, neither CASE's Request or the Garde Affi-davit make clear whether GAP or Ms. Garde inquired into the circumstances and timing of the alleged destruction of documents, during the two telephone calls with the F0IA office. CASE then makes several assertions regarding Mr. Stello's involvement in the CPSES decision-making process.
CASE contends that Mr. Stello participated in a "public press briefing on the status of the plant," that he has been "directly involved" in communi-cating with the Contention 5 panel, and that Mr. Stello has been " playing a role in the development of this case." CASE's Request, pp. 1-2.
Accordingly, CASE requests that a restraining order be issued against the Staff directing the Staff not to destroy documents relevant to CPSES. 2/
CASE's Request, pp. 3-4.
For the reasons set forth below, the NRC Staff (" Staff") opposes CASE's Request.
1_/ CASE's Request does not precisely indicate whether Ms. Garde made the second confirming phone call; the Garde Affidavit does not even mention the second call.
-2/
The Staff notes that CASE's Request is founded upon the Staff response to a F0IA request by the Government Accountability Project
(" GAP"), an organization which is not a party to this proceeding.
CASE's interest in this matter apparently is to preserve documents for possible future discovery in this proceeding. See CASE's Request, p. 3.
II. BACKGROUND Following the filing of CASE's Request, a telephone conference call was held among Administrative Judges Bloch and Grossman, and counsel for the parties in this docket. Also participating in the telephone conference call were Joseph P. Felton, Director of the Commission's Division of Rule and Records in the Office of Administration, and Edward Shomaker, Senior Information Law Attorney in the Office of the Executive Legal Director. During the telephone conference, Messrs. Felton and Shomaker agreed to gather certain information and file a partial response to GAP's F0IA request; Mr. Treby, counsel to the Staff, agreed to look into the matter of a press conference allegedly held by Mr. Stello during May 20-22, 1985.
On June 4, 1985, Mr. Treby filed a letter with the Board and parties setting forth information made known to him regarding the alleged press conference. Attached to Mr. Treby's letter were copies of several newspaper articles which were referred to in the letter. Also on June 4, 1985, Mr. Felton transmitted a partial response to GAP regarding its F0IA request ("FeltonLetter"). A copy of the Felton Letter was attached to Mr. Treby's letter to the Board and parties.
III. DISCUSSION The Staff opposes CASE's Request for a restraining order against the Staff. CASE has made no showing that the Staff is improperly discarding or destroying documents. Rather, CASE's Request appears to be based on misunderstandings by CASE concerning Mr. Stello's routine
. handling of documents, and his role in the Staff's decision-making process for CPSES. First, Mr. Stello has not improperly discarded or destroyed documents relating to CPSES. Indeed, Mr. Stello has never destroyed any documents after receiving a F0IA request. Felton Letter,
- p. 1. Mr. Stello, as the Deputy Executive Director for Operations and Generic Requirements, reviews hundreds of pages of documentation which are routed to him each week. After he notes tiiem, and possibly discuss them with the Staff, he routinely discards (" destroys") the documents unless they concern matters which he is directly responsible for or is working on at that time. Felton Letter, p. 1. This brings us to CASE's second misunderstanding, regarding Mr. Stello's involvement in the NRC's decison-making process for CPSES.
Mr. Stello is not in the direct decision-making process for CPSES.
Felton Letter, p. 1. As the Board parties are aware, a Comanche Peak Task Force has been established to coordinate all Staff actions neces-sary to support the operating license and hearing processes. See March 12, 1984 Memorandum from William J. Dircks establishing Comanche Peak Task Force; 3_/ Board Notification 85-046 (April 23, 1985) (trans-mitting a Comanche Peak Task Force schedule and organizational chart).
These referenced documents clearly indicate that Mr. Vincent Noonan, the Director of the Comanche Peak Task Force, is the Staff individual who is directly responsible for Staff decisions on CPSES. Mr. Stello is not referenced, by name or by title, in any of these documents. Since
-3/ Attachment 3 to "NRC Staff Report to the Licensing Board on Status and Schedule for Addressing Hearing Issues" (October 19,1984).
l
Mr. Stello plays no direct decision-making role for CPSES, he has neither maintained a file on CPSES nor retained any documents relating to CPSES, with the exception of several documents relating to two subpoenas. See June 10, 1985 letterfromJ.M.FeltontoGAP(2ndFeltonLetter).SI -
The documents relating to the subpoenas require further explanation, since they were not mentioned in Mr. Felton's June 4, 1985 letter. 5_/
As set forth in the 2nd Felton Letter, prior to sending out the June 4,1985 letter, Mr. Stello's office checked with members of the Staff to see if they could recall sending documents on CPSES to Mr. Stello. When that survey turned up negative, Mr. Felton sent his June 4, 1985 response. Subsequently, one of the Staff individuals contacted by Mr. Stello's office remembered the proposed issuance of subpoenas to two individuals. Mr. Stello's subpoenas file was checked, which resulted in the identification of the documents attached as Appendix A to the 2nd Felton Letter.
In sum, Mr. Stello has not improperly destroyed any CPSES documents subject to GAP's F0IA request. Thus, CASE's concern in its Request is 4/ A copy of the 2nd Felton Letter is attached to this pleading. The documents relating to the two subpoenas are enclosed in Appendix A to the 2nd Felton Letter.
-5/ The June 4, 1985 Felton Letter indicated that Mr. Stello's telephone log and appointment calendar may be responsive to GAP's F0IA request, and that they were currently undergoing Staff review to determine if they were agency records. As indicated in Mr. Felton's June 10, 1985 letter to GAP, that review is completed. Based upon a review of the documents, the NRC's F0IA office has determined that the telephone log and appointment calendar do not contain information relevant to CPSES, and in any case are not agency records subject to disclosure under F0IA.
unfounded. In any event, the requested order is unnecessary. Specifi-cally, in this case, members of the TRT were instructed from the beginning of their involvement to maintain all documents related to the TRT's inspection efforts. Subsequently, they have been instructed to produce these documents to the NRC's F0IA office in response to GAP's numerous F0IA requests.
IV. CONCLUSION The Board should deny CASE's Request.in its entirety.
Respectfully submitted, Ge u 9 Counsel for NRC Staff Dated in Bethesda, Maryland -
this 10th day of June, 1985
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Ms. Billie Pirner Garde Director, Citizens Clinic Government Accountability Project 1555 Connecticut Avenue, Suite 202 IN RESPONSE REFER ~
Washington, DC 20036 TO F01A-85-351
Dear Ms. Garde:
This is in further response to your Freedom of Information Act request of May 13, 1985. In that request you asked for any and all agency records
" relevant to and/or generated in connection with all communications generated or received by Victor Stello regarding the Comanche Peak nuclear power plant, including internal correspondence."
In my letter dated June 4, 1985 I indicated that Mr. Stello did not recall ever having received Comanche Peak documents addressed exclusively to him in his present position, nor did he recall ever having prepared such documents.
In our telephone conversation last week, I also indicated that Mr. Stello's office was checking with members of the staff to see if they could recall sending documents directly to Mr. Stello. When that survey turned up negative, I signed and mailed the letter. Subsequently, one of the persons contacted remembered the proposed issuance of a subpoena to two individuals.
Mr. Stello subpoena file was checked, and the enclosed documents referring to Comanche Peak, as listed in Appendix A, were found.
With respect to Mr. Stello's telephone logs and appointment calendars, I have personally reviewed these records for 1984 and 1985, and there is no substantive information pertaining to Comanche Peak in the records. The records, which are maintained by Mr. Stello's personal secretary, contain both business and personal information. The records are not circulated to any other member of the staff, are not required to be maintained by NRC policy or procedures, are prepared for Mr. Stello's personal convenience, and are retained or discarded at Mr. Stello's sole discretion. Hence, the records are the personal property of Mr. Stello and are not agency records subject to disclosure under the F01A. (See Porter County Chapter Isaak Walton League v AEC, 380 F. Supp 630 (1974) and The Bureau of National Affairs, Inc. v.
U.S. Department of Justice and Environmental Defense Fund v. Office of Manage-ment and Budget, 742 F.2d 1484 (1984)). Further, the interrelationship of Mr.
Stello and his confidential secretary does not waive the protection nonnally accorded this type of personal information.
This completes action on your request.
Si ely, M. Felton, Director ivision of Rules and Records Office of Administration
Enclosures:
As stated
5 F01A-85-351 Appendix A
- 1. 07/27/82 Memo to Regional Administrators from W. Dircks re: Delegation of Subpoena Authority (1 page).
- 2. 12/08/83 Memo to V. Stello from J. Collins re: Recommended Issuance of Subpoena for Interview of Thomas Brandt (1 page).
- 3. 12/13/83 Memo to Chairman and Comissioners from W. Dircks re: Issuance of Subpoena in Aid of Comanche Peak Investigation (1 page).
- 4. 12/20/84 A Sut,poena from the NRC to Thomas Brandt re: Texas Utilities Generating Company (1 page).
- 5. 12/20/83 Memo to multiple people from W. Brown re: Subpoena for Interview of Thomas Brandt (1 page).
- 6. 09/07/84 Memo to V. Stello from J. Collins re: Issuance of Subpoena for Testimony of an Alleger (Comanche Peak) (2 pages).
- 7. 09/13/84 Memo to V. Stello from T. Ippolito re: Subpoena for Mr. Charles Atchison (1 page).
- 8. 10/25/84 Note to T. Ippolito from V. Stello re: 10/25/85 conversation (1 page).
- 9. Undated Subpoena from the NRC to Charles Atchison re: Texas Utilities Generating Company (Comanche Peak Steam Electric Station, Units 1and2)(1page)(Draft).
- 10. Undated Memo to Chairman and Comissioners from W. Dircks re: Issuance of Subpoena for Testimony of an Alleger (Comanche Peak )
(2 pages) (Draft).
July 27,1982 NEMORNIDUM FOR: Ronald C. Haynes, Regional Administrator, Region I ~.
James P. O'Reilly, Regional Administrator, Region 11 James G. Keppler, Regional Administrator, Region III John T. Collins, Regional Administrator, Region IV Robert H. Engelken, Regional Administrator, Region V FR0".: William J. Dircks Executive Director for Operations
SUBJECT:
DELEGATION OF SUBPOENA AUTHORITY Effective this date, I am redelegating to you the authority given to me on July 20, 1982 by the Comission to issue subpoenas during the course of investigations or inspections. This authority is automatically redelegated to whomever you may designate as acting in your authorized absence. In the event you wish to exercise this authority, you must advise me of your intent, and the rationale thereof, through DEDROGR, a minimum of three days in advance of use. DEDROGR, in turn, will acquire ELD concurrence. Emergency situations demanding less notice will be dealt with as necessary.
This delegation is limited by the requirement that during an initial trial period of about 10 cases I must advise the Comission in advance of the .
exercise of this authority. During this trial period. DEDR0GR will keep track of requests, assure that.the Comission is informed, and request elimination of the restriction when the trial case limit has been reached.
FugasWinizm J.Dircks William J. Dircks Executive Director for Operations cc: V. Stello, DEDROGR G. Cunningham, ELD R. DeYoung, IE
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% . a. $11 RYAN PLAZA oRIVE. SulTE 1000 9,, , ARLINGTON. TEXAS M311 December 8, 1983 MEMORANDUM FOR: V. Stello, Jr. , Deputy Executive Director for Regional Operations & Generic Requirements, 0.EDO FROM: John T. Collins, Regional Administrator, Region IV
SUBJECT:
RECOMMENDEDISSUANCEOFSUBp0ENAFORINTERVIEWOF THOMAS BRANDT Pursuant to the Executive Director for Operations' (EDO) Delegation of Subpoena Authority dated July 27, 1982, I am advising the EDO, through you, of my intent to issue the attached subpoena to Thomas Brandt commanding his appearance for the purpose of having him testify before Nuclear Regulatory Commission (NRC) investigative personnel to provide information concerning the alleged improper termination of William Dunham's employment from Brown & Root, Inc. (B&R) and the possible intimidation of QA/QC coatings inspectors as a result thereof.
Mr. Brandt stated that he would respond to questioning regarding the subject issue only pursuant to a lawful subpoena.
It'is my understanding that the EDO must advise the Commission in advance of the exercir.e of this authority.
A y M / [ 3.# M s fJohn'T. Collins Regional Administrator
Attachment:
As stated cc: w/.itt Bro R T. Westerman, RIV
' R. Herr, OI-RIV A
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Cc =issicner Gilinsky Lieberman, ED .. 4 Comissioner Rcberts Cunnincham, ELD N
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Comissicner Asselstine %II/3 Co=issioner Bernthal ,___. .
William J. Dircks 'E FROM:
Executive Director for Operations s' SUBJECT,: ISSUANCE OF SU5POENA IN AID OF COMANCHE PEAK INVESTIGATION In accordance with the delegation of authority to issue subpoenas dated July 20,19E2, this is to advise you that the Administrator of NRC Region IV intends to issue a subpoena to compel the testimony of Thomas Brandt, a quality assurance supervisor employed by the Texas Utilities Generating Company, which is licensed to construct the Comanche Peak Steam Electric Station. The supervisor's _ testimony is sought in connection with an ongoing investigation of the allegedly improper termination of William Dunham, a Brown and Root employee and the possible intimidation of'QA/QC coatings -
inspectors resulting therefrom.
Mr. Brandt has stated that he would respond to questioning regarding these, mr.tters only pursuant to a subpoena. Mr. Brandt may have infomation relevant to the investigation because, by virtue of his pcsition, he may have-knowledge of the circumstantes surrounding Mr. Dunham's discharge.
- The Office of Investigations supports the issuance of the subpoenit. Unless otherwise directad by the Commission, the proposed subpoena will be issued if no coments tre received from the Comission by C.O.B. December 19,' 1983.
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( GiQ.Dir:h William J. Dircks Executive Direc cr for Operations cc: SECY t
'5EE PREVIOUS CONCURRENCE .
l REVISED IN EDO OFFICE 12/12/83 n
Reg. IV
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. 9 In the matter of. Texas Utilities Generating Company
> DOCKET NO. 50-445 50-446 TO Thomas Brandt c/o Texas Utilities Generating Company D. n. Box 1002 '
, Glen Rose. Texas 76043 YOU ARE HEREBY COMMANDED to appear at Suite 835, 611 Ryan Plaza Drive, U.S. Nuclear Regulatory Comission, Region IV. Office of Investigations Field Office.
Arlington, Texas
. Jbe an ca.ry of --- .
on the . 3rd , 4,7 ,g,, January 39,84,,,..... at I OO..L,,, _ ,,g. dock A. M. -
to continue as necessary for the purpose of testifying before NRC investigative personnel to provide information concerning the alleged improper termination of William Dunham's employment from Brown & Root, Inc., and the possible intimidation of QA/QC coatings inspectors as a result thereof.
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dhn T. Collins, Regional Administrator, Region IV 4 pon Reaton TV December 20 ,983 U2*NNiear Regulatory Co_ mission Will i ar- I Brown
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On motion made promptly, and in any event at or before tne time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose ir. stance the subpoena was issued, the Cocinission may (1) quash or modify the subpoena 1.~ it is unreasonable or requires evidence not relevant .to any matter in issue.
or(2 M) condition m mdeniale,~ofwthe
- s motion
+ on just and reasonable terms. Such motion should
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. 1 December 20, 1983 MEMORANDUM FOR: J. T. Collins P. S. Check J. E. Gagliardo E. H. Johnson . ~
D. M. Hunnicutt ,
T. F. Westerman R. K. Herr . {
D. D. Driskill FROM: William L. Brown, Regional Counsel SUELIECT: SUBPOENA FOR INTERVIEW OF THOMAS BRANDT Attached is a subpoena to Thomas Brandt which John Collins has signed and sent out today.
Mr. Brandt is a QA supervisor employed by TUGCO. His testimony is sought in connection with an ongoing _ investigation of the allegedly improper termination of William Dunham, a Brown & Root employee, and the possible intimidation of QA/QC coatings inspectors resulting therefrom.
Mr. Brandt has stated that he would respond to questioning regarding these matters only pursuant to a subpoena. Mr. Brandt may have information relevant to the investigation because, by virtue of his position, he may have knowledge of the circumstances surrounding Mr. Dunham's discharge. -
The Commission was notified of the Regional Administrator's intent to issue the subpoena and I was informed by OELD today that no objections or comments were , received from the Commission.
It was previously intended to issue the subpoena requiring appearance on -
December 16, 1983. However, because of the time needed for a meaningful l
nctification to the Comission, the date had to be changed to January 3,1984.
J Therefore, please destroy all copies of the subpoena you may have which -
contains the December 16 date in order to avoid any future confusion.
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William L. Brown Regional Counsel
Attachment:
As stated
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}DIORANDUM TOR:
Victor Stello, Jr., Deputy Executive Director .
for Regional Operations.and Generic Requirements TROM:
John T. Collins, Regional Administrator l Region IV l SUBJECI: ISSUANCE OF SUBPOENA FOR TESTIMONY OF AN ALLEGER (COMANC11E PEAK)
Under NRC Manual Chapter 01303 and the April 13, 1984 "Delegatico of Subpoena .
Authority," I prop.ose to issue the attached subpoena at th Mr. Charles Atchison and documents held by Mr. Atchison concerning the '
adequacy of construction.cf the Comanche Peak Steam Electric Station.:
The April L'3, 1984,~Delhgation requires that I. advise.the EDOi through you, a minimum of three days in advance, of the proposed issuance of ,a subpoena. e The Delegation provides that you will ' acquire ELD's concurrence and to l .
expedite this process; :I am transmitting a copy o.f this memorandum. direct y Additionally, fcr a trial period ofiabout ten cassa.tthe Mr. Cunningham.
Deles' a tion indicates that .the Commission.will be ; advised in advance of the EDC's. authorization of issuance of a'subpciena by a Reg 1
the required consultations. :
The circumstances surrounding.the proposed issuance of a subpoena to .
Mr. : Atchison have been discussed between my Regional Counsel b William Brow the Comenche Peak Project Director, IEbomas As Ippolito;; and- James Lie erman, ELD; .and are discussed in the attached draf t: memorandum for~. the Commis Tha Comanche Peak Technical Jteview Team censiders this h dsubpoena q acy of ressentic the proper disposition of allegations and. concerns regarding t e a e u he construction of the Comanche Peak f acility. , Mr. Atchision has statedrding to t staff that'he h'ts approximately 1000 previously unidentific.d concerns rega f these cencerns -
this. facility. itr.:Atchisen has refused to make the substance o known, in spite of repeated requests by the . staff , and consequently.. the. i of a subpoena ;is appropriate. :
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victor Stallo., Jr.
Your pror.pt. concurrence will be apprpciated.:
lSl John T. Collins. Angional Mainistrator -
Region IV 8 .
Enclosures:
As stated .
ec w/ enclosures: ..
HDenton, NRR .. .
Eco n , m. .
RDaToung, IE .. .- . .
GCunningham,iELD: i ...
JSc.i.ato ,: ELD: . . . . . .
STreby,' EL10t JLiebez' man, ELD . . . . .
TIppolito, NRR (' .. . ..
DEisanhut, bier ,i bec w/ enclosures: r PDR RF SF .
TIppblico.t RWessmen .
DEiaanhutirf JCollins -
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MEMORANDUM FOR: Victor Stello,' Jr., Deputy Executive Director For Regional Operations and Generic Requirements Office Of The Executive Director For Operations FROM: Thomas A. Ippolito, Project Director Comanche Peak Technical Review Team
SUBJECT:
SUBPOENA FOR MR. CHARLES ATCHISON
~
In our telephone conversation of yesterday (September 12,1984) you requested that we make an additional effort to contact Mr. Charles Atchison and request that he release to me the approximately 1000 concerns he claims to have in his possession.
We have contacted Mr. Atchison and he has agreed to meet with the TRT staff this evening (September 13, 1984) and has indicated that he will provide us -
with the concerns.
Please withold action on the subpoena request of John Collins, dated September 7,1984, until we have met with Mr. Atchison and have received the concerns .
he has promised to deliver.
We will advise you of the results of our meeting with Mr. Atchison.
.J. *
, Project Director Comanche Peak Technical Review Team cc: H. R. Denton, NRR D. G. Eisenhut, NRR G. H. Cunningham, ELD R. C. DeYoung, IE J. T. Collins, RIV
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5 NUCLEAR REGULATORY COMMISSION
\,,,,, waawmoton.o.c. somes Deputy Executive Director For Regional Operations & Generic Requirements October 25, 1984 Thomas A,Ippolito, Project Director Comanche Peak Technical Review Team Per our conversation of October 25, 1984, i ittached is the correspondence related to the proposed. subpoena related to Comanche u..~ .. a . . - ~, Peak.
I understand that at the moment, subpoenas are not required and you will pass this on
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7 [m; to Vine Noonan for future reference.
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Vic Stello, Jr.
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Enclosure:
Subpoena for Mr. Charles Atchison
- f. MF Stello fm Ippolite 9/13/84 Proposed Memo to Comm fm Dircks
- - MF VS fm Collins R-IV, 9/7/84 Original Subpoena 50-445&446
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Enitu 6tates :af MCerica i NUCLEAR REGULATORY COMMISSION C -
SUBPOENA'AD TESTIFICANDUM AND DUCES TECUM 5
in the: matter of: !
Texas Utilities Generating. Company
> bCKET NO.s 50-445 (Cemanche Peak Steam Electric . 50-446,e Station, Units 1.and 2) i TO i C d' Charles Atchison P. C. Box 9.01 Asia. Texas 76020 (Dy Registered Mail.. Return. Receipt Requested)
YOU ARE HEREBY COMMANDED to appear at NRC/ Region IV, Parkway Central Plaza Building, 611 Ryan Plaza Drive, Suite 1000 in the city of : Arlington, Texas 76011 .
on the 20th t!ay of September- 1984 at 1:00 o? clock p.m. >
to provide.NRC Comanche Peak Technical Review Team with. svorn cestimony before a Court Reporter regarding the adequacy of the construction of the Comanche Peak Steam Electric Station- and to bring with you and make .
available for inspection and copying any and alltrecords in your possession, '
including but not limited. to documents and logs., concerning the- adequacy of such construction.
For the Nuclear Regula: cry Cc. .issicn John T. Collins,: Regional Administrator g9 l ATTORNcY-FoR _Re rien IV _ ,
! U.S. Nuclear Reculatory Commission -
r 87 60-8271 i .
l 0n Inotion hde promptly, andiin any event at or before thMpecified dn the subpoena for compliance by t.he person;.to whom the: subpoena is directed, and on notice to the party at whose instance the. Subpoena was dssued, the toexnission pray (1) qpash.or modify the t !
subpoena if it is unreasonable or requires evidehce not relevant to any matter in issue, or :(2) conJition denial of the motion on just'and reasonable terms. :Such motion shoul:d be directed to the Secretary; of the Cecrnission, Washington, D.C. 20555. -
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.2< v x, , j os..* l MEMORANDUM FOR: Chairman Palladino Consnissioner Roberts Commissioner Asselstine' . )
l Comissioner Bernthal Comissioner Zach l
FROM.: William J. Dircks Executive Director for Operations ISSUANCE OF SUBP0ENA' FOR'JESTIMUNY OF AN ALL.EGER SU3 JECT:
(COMARCHE PEAK)
John T. Collins, Regional Administrator v Region IV, bas' requested c:y cuchorizat:1on to issue: a subpoena for. testimony and documencs held by an allager,at the Comanche. Peak . Steam Electric Station. Thit :naterial. concerns-tha constructDn adequacy of the Comanche- Peak facility.' '
The' circuanstances -concerning the issuance of the subpoenas areias follow's. -
Since July 8,1984, the NRC has had. an extensive staff - of personnel at .the ,
Comanche. Peak site to evaluate various technical .iasuas, allegations,.and -
concerns- regarding the construction' of thia'. facility.: . As part.of this i evaluation, the staf f .has interviewad sindividuals kho beve: raised: allegations.
regarding Cc:anche Peak. In the course of these interviews, additional allegations or concerns vera, in sone cases, revealed. .These additional catters have been? included in the onsite staff reviev..
On August 2,1984 the staf f interviewed Mr. Charles Atchison.: a former Comanche Peak employee, ,co clarify technical aspects.of allegations he previously had provided ta the NRC. ~ In the course of that interview . .
T S W 8 9 3 5rl A10
r
-- t , ,
- . 2 Mr. . Atchison provided. a list of approximate'ly 80 concerns. Also, he stated .
that he had approximately 1000 additional concerns regarding the construction of Comanche Peak which had not.previously been revealed 4.o the -
staff., Mr..Atchison declined to provide the substance of these. concerns, but.
stated he held documents and logs regarding the concerns.
The staff has repeatedly sought the release of this material fren-
.It Mr. Atchison, but he has continued.to decline. to provide the. material.
is believed that the material may have.the potential to identify neu concerns as well as be relevant to other. allegations being: evaluated at Comanche:
Peak. The staf f . desires to complete its avsluation of the Comanche Peak.
allegations (current.ly numbering about.500) in a timely manner to suppo;tt a.
- licensing decision on the f acility. and to avoid the potential. situation of additional .silegpHonr. sur.f acing at the last minute. ! The' applichnts. state that i they would be ready.to tload fuel in early October.1984. .
Therefora, unles's otherwise directed by the. Commission', the proposed -
subpoema v11.1.be issued by Mr. Collins on September.12,1984.i 6 .
William J. Direksr Executive. Dirhetcr for Operatiens .
ec: SECY OGC '
OPE ELD e
r UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
) E C>
TEXAS UTILITIES ELECTRIC COMPANY, ) Docket Nos. 50-445/2 UUds[C et al. ) 50-446/2
)
(Comanche Peak Steam Electric ) '85 JUN 13 P4:50 Station, Units 1 and 2) )
0FFKE CF ncilin 00CKEiins & SEpyn CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF RESPONSE TO CASE REQUEST FOR I?BEDIAIE ORDER DIRECTING STAFF 10 PRESERVE DOCUMENIS" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, throu@
deposit in the Nuclear Regulatory Conmission's internal mail system, this 10th day of June,1985:
Peter B. Bloch, Esq., Chairman
- Mrs.Juanita Ellis Administrative Judge President, CASE ,
Atomic Safety and Licensing Board 1426 South Polk Street U.S. Nuclear Regulatory Commission Dallas, TX 75224 Washington, DC 20555 Renea Hicks, Esq.
Herbert Grossman, Alternate Chairman
- Assistant Attorney General Administrative Judge Environmental Protection Division Atomic Safety and Licensing Board P. O. Box 12548, Capital Station U.S. Nuclear Regulatory Commission Austin, TX 78711 Washington, DC 20555 Nicholas S. Reynolds, Esq.
Dr. Walter H. Jordan William A. Horin, Esq.
Administrative Judge Bishop, Liberman, Cook, 881 W. Outer Drive Purcell & Reynolds Oak Ridge, TN 37830 1200 17th Street,N.W.
Washington, DC 20036 Dr. Kenneth A. McCollom Administrative Judge Mr. James E. Cummins Dena, Division of Engineering, Resident Inspector / Comanche Peak Architecture and Technology Steam Electric Station Oklahoma State University c/o U.S. Nuclear Regulatory Commission Stillwater, OK 74078 P. O. Box 38 Glen Rose, TX 76043
r Robert D. Martin Billie Pirner Garde William L. Brown, Esq. Citizens Clinic Director U.S. Nuclear Regulatory Commission Government Accountability Project 611'Ryan Plaza Drive, Suite 1000 1901 Que Street, N.W. ^
Arlington, TX 76011 Washington, DC 20009 Mr. Michael D. Spence, President Robert A. Wooldridge, Esq.
Texas Utilities Electric Company Worsham, Forsythe, Sampels &
Skyway Tower Wooldridge 400 North Olive Street, L.B. 81 2001 Bryan Tower, Suite 2500 Dallas, TX 75201 Dallas, TX 75201 Lanny Alan Sinkin Atomic Safety and Licensing Board 3022 Porter Street, N.W., #304 Board Panel *
~ Washington, DC 20008 U.S. Nuclear Regulatory Commission Washington, DC 20555 Joseph Gallo, Esq.
Isham, Lincoln & Beale Anthony Z. Roisman, Esq.
Suite 840 Trial Lawyers for Public Justice 1120 Connecticut Avenue, N.W. 2000 P Street, N.W., Suite 611 Washington, DC 20036 Washington, DC 20036 Ellen Ginsberg, Esq.* Atomic Safety and Licensing Appeal Atomic Safety and Licensing Board Board Panel
- U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Docketing and Service Section* Elizabeth.B. Johnson Office of the Secretary Administrative Judge U.S. Nuclear Regulatory Commission Oak Ridge National Laboratory Washington, DC 20555 P. O. Box X, Building 3500 Oak Ridge, TN 37830 0 4 e;_-
Gefy S M izuno Counsel for NRC Staff
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