ML20129A269
| ML20129A269 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 11/17/1983 |
| From: | Charnoff G SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Fortuna R NRC OFFICE OF INVESTIGATIONS (OI) |
| Shared Package | |
| ML20127B003 | List: |
| References | |
| FOIA-84-722 NUDOCS 8507270195 | |
| Download: ML20129A269 (11) | |
Text
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U.S. NRC SHAW, PITTMAN, PoTTs & TROWBRIDGE a.a.,
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ft48,n.NC OERALD CHARNorr, P C.
saoaisaa,osa November 17, 1983 Mr. Roger A. Fortuna Deputy Director Office of Investigation Nuclear Regulatory Commission 1717 H Street, N.W.
Dear Mr. Fortuna:
Attached for your information is a copy of the guidelines that were provided to Duke Power Company employees at the Catawba Nuclear Station for their use in connection with the NRC's investigations of allegations of possible wrongdoings at the Catawba site.
Duke Power Company looks forward to cooperating with the office of Investigation in the pending investigation.
- SincereW,
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gerald Charnoff
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Enclosure cc:
James Vorse 1
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l 8507270195 850506 PDR FOIA BELL 84-722 PDR D-55 H,,zi
G icelines for Duke Power Company Employees Involved in NRC Investici ans Nuclear Regulatory Commission's Office of Investigation conducts investigation The of allegations of wrongdoing by individuals or corporations.
Duke Power Company has been informed that the Office of Investigation will conduct an investigation at Catawba.
The purpose of these guidelines is to advise Duke Power Company employees of their rights and obligations in dealing with this or subsequent NRC investigations.
1.
You are entitled to talk privately on or off the job site with NRC personnel, including NRC investigators.
If the conve'rsations are to take place on the job site, after obtaining approval from your supervisor to leave your work station, there will be no restrictions placed by Duke Power Company on your communications with NRC personnel.
2.
If a NRC investigator asks to interview you, Duke encourages you to consider your rights noted below and cooperate fully with the NRC.
If for any reason you do not wish to cooperate, although Duke discourages such action, you do have the right to decline to be interviewed.
If you agree to heing interviewed you have the following i rights:
a.
If you are co'ntacted off the job site or during off duty hours, you may postpone any interview until the next workday, b.
You may demand to have a lawyer, coworker, or friend of your choice at any onsite or offsite interview with NRC investigators.
If the NRC investigators try to discourage this, or if your lawyer, coworker, or friend is unable to attend, you may refuse to be interviewed by NRC investigators until the other person is present. During government investigations, it is not uncommon for an employee to have an attorney present during the interview.
Therefore, this is not viewed as an implication that the employee has anything to hide.
You may request management to arrange for a company lawyer to confer with c.
you before an interview, and to represent you during the interview.
This request can be made through your supervisor or employee relations representative.
This would be at no cost to you.
d.
You may request that the NRC tape-record the interview and provide you a copy of the tape (which they may decline to do), or you may insist upon tape-recording the interview yourself. The company will provide a tape recorder if you want one. If you tape record the interview, you have no obligation to provide a copy of the tape to Duke Power Company or the NRC.
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NRCinvestigatorsfrequentlyobtainsigned,swornstatementsinthecourse}
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of conducting their interviews. You may be asked by the investigators to write or sign such a statement.
You may refuse to provide such a statement, although Duke Power Company encourages you to cooperate with the NRC.
If you provide such a statement, you should review it very carefully and make any changes you wish if the statement does not correctly or fully reflect your position.
You have the right to review your statement with a lawyer, coworker, or friend before deciding if you wish to sign it.
If you sign such a statement, you are entitled to obtain a copy of it for your records.
3.
If you agree to be interviewed, you should answer the government investigators' questions truthfully and factually.
11/9/83 r
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AFFIDAVIT OF NON-DISCLOSURE 1,
, being duly sworn, state:
1.
As used in this Affidavit of Non-Disclosure, (a)
" protected infomation" is (1) information revealed in connection with in camera hearines in the Catawba operating license proceeding, including particularly the names of and identifying facts i
about p camera witnesses, and any other related information,
(
particularly documents, specifically designated by the Licensing Board; or (2) any infomation obtained by virtue of these proceedings which is not otherwise a matter of public record and which deals with the in camera hearings.
1 (b)
An " authorized person" is a person who, at the invitation of the Atomic Safety and Licensing Board (" Licensing Board"), has executed a copy of this Affidavit.
2.
I shall not disclose protected information to anyone except an authorized person, unless that infomation has previously been disclosed in the public record of this proceeding.
I will safeguard protected information in written fom (including any portions of transcripts of in_
camera hearings, filed testinony or any other documents that contain such information), so that it retains at all times under the control of an authorized person and is not disclosed to anyone, else.
3.
I will not reproduce any protected information by any means without the Licensing Board's express approval or direction.
So long as I possess protected infomation, I shall continue to take these SofL}
l 2-precautions until further order of the Licensing Board.
7 4.
I shall similarly safeguard and hold in confidence any data, notes, or copies of protected information and all other papers which contain any protected information by means of the following:
(a)
My use of the protected information will be made at a place approved by the Board.
(b)
I will keep and safeguard all such material in a locked facility approved by the Board.
(c)
Any secretarial work perfomed at my request or under ny supervision will be perfomed at the above location by one secretary of my designation.
I shall furnish the Board and parties an appropriate resume of the secretary's background and experience.
(d)
All mailings by me involving protected information shall be made by me directly to the United States Postal Service or by personal delivery.
1
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5.
If I prepare papers containing protected infomation in order to participate in further proceedings in this case, I will assure that any secretary or other individual who must receive protected infomation in order to help me prepare those papers has executed an affidavit like this one and has agreed to abide by its tems.
Copies of any such affidavit will be filled with and accepted by the Licensing Board before I reveal any protected infomation to any such person.
6.
I shall use protected infomation only for the purpose of preparation, including any investigations which may be necessary, for b'hY
t
- g. this proceeding or any further proceedings in this case dealing with quality-assurance. and quality control issues, and for no other purpose.
7.
I will avoid disclosure of protected infomation to the best of my ability.
However, it must be recognized that in the course of conducting investigations in connection with this proceeding, certain protected infomation may be independently discerned incident to that f
investigation which might result in the inadvertent disclosure of protected information.
i 8.
I shall keep a record of all protected information in my j
possession, including any copies.of that information made by or for me.
At the conclusion of this proceeding, I shall account to the Licensing Board or to a Comission employee designated by that Board for all the papers or other materials containing protected information in my possession and deliver them'as provided herein.
When I have finished using the protected information they contain, but in no event later than 1
th.e conclusion of this proceeding, I shall deliver those papers and materials to the Licensing Board (or to a Comission employee designated by the Board), together with all notes and data which contain protected information for safekeeping until further order of the Board.
Subscribed and sworn to before me this day of 1983.
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I Notary Public l
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