ML20134L836

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Ack Receipt of to B Hayes & 850715 & 16 Ltrs to Judge Plaine Re Actions Taken by Officials of GE Wilmington Facility During Ofc of Investigation Investigation.Steps Suggested in Motion to Dept of Labor Would Be Premature
ML20134L836
Person / Time
Issue date: 07/18/1985
From: Jensen E
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To: Ratner M
RATNER, M.G.
Shared Package
ML20134L834 List:
References
FOIA-85-542 NUDOCS 8509030434
Download: ML20134L836 (3)


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. UNITED STATES NUCLEAR REGULATORY COMMISSION D

l WASHINGTON, D. C. 20655 k l g * * * * * ,c[

July 18, 1985 Mozart G. Ratner, Esquire 1900 M Street, N.W., Suite 610 <

Washington, D.C. 20036

Dear Mr. Ratner:

I have been asked to acknowledge receipt of your letter of July 12, 1985 addressed to Ben Hayes and your letters of July 15 and 16 addressed to Judge Plaine. Since OGC is legal counsel to OI, we are here responding to the communications to both offices.

We appreciate the information you provided, including actions taken by officials at the General Electric Company's Wilmington facility during the course of the present OI investigation at that location. I understand OI is fully cognizant of these actions.

Should OI determine that its investigation is being impeded, it will take whatever action is necessary to protect the investigatory process. OI and OGC agree, however, that it would be premature, at this time, to take the steps suggested in your motion to the Department of Labor.

Thank you for your continued interest in this investigation.

Sincerely,

d. ===- -

E. Neil Jensen  !

Attorney Office of the General Counsel cc: Ben Hayes James M. Taylor  !

James Lieberman Cornelius S. Donoghue, Jr.

APPENDIX 2 8509030434 850828 PDR FOIA RATNERBS-542 PDR

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NUCLEAR FUEL MANUFACTURING DEPARTMENT Wilmington, North Carolina July 9, 1985

SUBJECT:

NRC INVESTIGATION The NRC is conducting, through its Office of Investigations (OI), an inquiry into certain allegations made against the General Electric Company regarding activities at NFMD.

The OI investigator could possibly conclude that you may have information bearing upon these allegations. Therefore, you may be receiving a request from the investigator to discuss any information that you may have. If this should happen, the Company encourages you to cooperate fully to assure complete and accurate development of the facts, but feels that you should be aware of the following:

You are legally free to either talk to the investigator or refuse to do so, although the Company urges you to cooperate in the investigation. You also have the legal right to refuse to answer questions during the interview, or to request that any question be clarified before you answer it, or to request a recess or stop the interview at any time.

l l You have the right to insist, as a condition of being interviewed, on being accompanied during your interview by a third person of your choice, such as an attorney.

Because we have no reason to believe that either you or the Company has been involved in any. wrongdoing, we do not believe that your use of a Company attorney would conflict with your rights. A Company attorney is available for this purpose, if you so desire. You may also meet privately with the investigator. Any contact with NRC is protected activity under Section 210 of the Energy Reorganization Act, and no discriminatory action can or will be taken against you as a result.

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July 9, 1985 i

If you do choose to be interviewed, you may thereaf ter be asked to write, or sign, a sworn statement. You are legally free to provide such a signed statement, or to i refuse to do so. You should carefully review such a i statement, and insist that it be corrected before signing it. You have a right to keep a copy of any such statement which you do sign.

If you agree, the investigator may choose to tape record or transcribe the interview with you. You have a right to receive a copy of the tape or transcript. j If you do elect to be interviewed or to provide a statement, you should be completely accurate, to the best of your ability, and absolutely truthful.

Finally, if the investigator requests that you provide s documents, be aware that any documents prepared by you or others in the course of employment are the property of the Company, and you are not authorized to provide them. The investigator can request such documents from the Manager, Regulatory Compliance.

Call me at any time if you have any other information or concerns you want to discuss.

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