ML20133J533

Discusses Role of NRC Attys in Advising NRC Employees Called to Appear Before Grand Jury Re Investigation of Alleged Misconduct by NRC Employees.Attys May Advise Employees to Cooperate Fully

ML20133J533
Person / Time
Issue date:	11/20/1984
From:	Cunningham G NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Jennifer Davis, Harold Denton, Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation
Shared Package
ML20133J437	List: IA-85-122, Discusses Whether J Greenspun 841101 Ltr to Author Should Be Released to Employee Population.Release of Ltr Would Assist in Alleviating Employee Apprehension Re Grand Jury Matters ML20133J435 ML20133J457 ML20133J463 ML20133J474 ML20133J486 ML20133J518 ML20133J533 ML20133J538 ML20133J542 ML20133J548
References
FOIA-85-122, FOIA-85-A-10 NUDOCS 8510180491
Download: ML20133J533 (1)

Text

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NOV 2 0 1984 $cci~0 c ELD Attorneys -

MEMORANDUM FOR: John G. Davis, Director, NMSS Harold R. Denton, Director, NRR Richard C. DeYoung, Director, IE Robert B. Minogue, Director, RES Thomas E. Murley, Regional Administrator, Region I James P. O'Reilly, Regional Administrator, Region II James G. Keppler, Regional Administrator, Region III Robert D. Martin, Regional Administrator, Region IV ,

John B. Martin,' Regional Administrator, Region V

• FROM: Guy H. Cunningham, III i Executive Legal Director SilBJECT: GRAND JURY INVESTIGATION OF ALLEGED MISCONDUCT BY NRC EMPLOYEES A question has arisen regarding the appropriate role, if any, of NRC attorneys (including Regional Counsel) with regard to advising NRC employees who may be called to appear before the Grand Jury investigating alleged misconduct by NRC employees. The Department of Justice has advised that the NRC attorney's client is the Agency and not any individual employees; therefore, according to the Justice Department, the only advice that NRC attorneys may properly render to individual employees is that they should tell the truth and cooperate fully. The Chairman has indicated that this Justice Department guidance should be scrupulously followed.

In view of this guidance, I have concluded that ELD attorneys and Regional '

i Counsel may not participate in activities undertaken in preparation for .

Such prohibited activities include review possible Grand Jury appearances.

of documents for the purpose of identifying possible areas of interest to the Justice Department and the Grand ' Jury, or advice to retain counsel in specific circumstances. I do not view this guidance as restricting the ability of ELD attorneys and Regional Counsel to answer broad general questions regarding how Grand Juries operate and citizens' rights to counsel in Grand Jury proceedings.

Original signed by i Guy H. Cunningham,!!!

! Guy H. Cunningham, III l Executive Legal Director  ;

cc: William Dircks Victor Stello

! Regional Counsel DIST:

James Murray William Olmstead /_ GCunningham chron ,

Edward Christenbury ,

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i Hudson Ragan 9510100491 051009 Joanna Becker

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