ML20129F222

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Discusses 900208 Interview W/A Mosbaugh Re Investigation of mid-loop Injection of Hydrogen Peroxide & Decision Not to Rept Incident.Forwards Draft Memo from Mosbaugh After Interview Because of Improper Advise from Counsel.W/O Encl
ML20129F222
Person / Time
Site: Vogtle  Southern Nuclear icon.png
Issue date: 06/13/1990
From: Kohn M
KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA
To: Robinson L
NRC OFFICE OF INVESTIGATIONS (OI)
Shared Package
ML20129F106 List:
References
FOIA-94-208 NUDOCS 9610040079
Download: ML20129F222 (3)


Text

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K O H N, K O H N & C O LA PI NTD, P.C.  !

ATTORNEYS AT LAW

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  • C;%~C June 13, 1990 Confidential 4

Larry Robinson NRC - OI-

Dear Mr. Robinson:

As you are aware, on February 8, 1990 you interviewed Mr. Allen Mosbaugh regarding NRC - OI's investigation of the mid-loop injection of hydrogen peroxide and Georgia Power Company's decision not to report that incident. At the time  ;

of the interview, Mr. Mosbaugh was represented by the Troutman, Sanders law firm. See, February 12, 1990 letter from' Arthur Domby to Mr. Mosbaugh. On transcript of Mr. Mosbaugh's interview,page 47 of Mr.

you asked the Mosbaugh about rumors on site regarding the decision to open  !

the valves resulting in the injection of hydrogen peroxide l mid-loop. At that point you went off the the record so Mr. 1 Domby could advise his client how to answer the pending question. During the course of the confidential discussions held off the record, Mr. Mosbaugh advised Mr. Domby that he i could provide first hand information as to who opened the Domby advised his client r.ot to volunteer that information because the question pending only concerned " rumors" not I first hand information. j 1

After the interview was closed, Mr. Mosbaugh became ,

more and more uncomfortable with the advice of counsel. He  !

drafted a memo regarding the statement Mr. Kitchens made in his presence and contacted new counsel.

It appears that a conflict of interest existed between Mr. Mosbaugh and GPC's counsel and as a result of that conflict Mr. Mosbaugh was improperly advised to withhold information during the course of your investigation.

Enclosed please find the draft memo Mr. Mosbaugh created after the interview. Mr. Mosbaugh believes this information is important and he would have provided it at ,

the time of his interview but for the adivce he received / /'

from his then Counsel of Record. l j

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Larry Robinson June 13,.1990 Page'Two i

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Mr. Mosbaugh looks forward to meeting with you in the ['

near future and will assist you in any way he can. I am P

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Sincerely yours, ,

%. /L Michael D. Kohn (

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