ML20134P324

Ack Receipt of Copies of Pleadings NRC Filed in Us District Court in Litigation Against Advanced Medical Sys. Perspective on Current Situation Offered

ML20134P324
Person / Time
Issue date:	01/04/1995
From:	Crockett S NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Lance English NORTHEAST OHIO REGIONAL SEWER DISTRICT
Shared Package
ML20134M893	List: ML20134M890 ML20134P292 ML20134P324
References
FOIA-96-444 NUDOCS 9702250345
Download: ML20134P324 (8)

Text

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y na UNITED STATES i # NUCLEAR REGULATORY COMMISSION 8 wAsu NeToN, o.c. asses.eest i

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OFFICE OF THE AUUAIY48 OENERAL COUNbEL 1

I.awrence K. Faglich. Esq.

' Assistant General Counsel Northeast Ohio Regional Sewer District 3826 Euclid Avenue Cleveland, Ohio 44115-2504 Ra: Your December 23 Response to Our Request for Pleading

Dear Mr. English:

j i

Thank you for providing us with copies of the pleadings you filed in U.S. District Court in l

your litigation against Advanced Medical Systems (AMS), as I requested. In view of several l statements in your letter, I' thought it desirable to offer my perspective on the current ,

situation. I hope that my letter clears the air and removes any misunderstandings.  :

You state that I " insinuated" that we had had trouble obtaining documents from you, and l you ask that we not " paint all parties with the same broad brush." I had no intention of 1 making any unfavorable comparison between the District and AMS. I knew full well that we had not in the past asked you for these documents. I did tell Mr. I.enhart that AMS had l not responded to a similar request made some time ago. By the way, it is not our practice 'l to charge copying and mailing costs to someone who wants copies of our pleadings in ongoing litigation which conceivably could affect them, but if your practice is to charge costs in such cases, please let us know and we will reimburse your costs gladly.  !

You also attribute to me a statement that our interest in the documents you sent us was "in .

I the prospect for possible intervention by the NRC in the instant case." But, as I indicated to you, the NRC seldom intervenes in private litigation, even when it involves federal preemption or Price-Anderson Act issues. We are, however, sometimes asked by parties or judges to articulate our views on such issues. To respond to such requests requires careful preparation, including in many cases consultation with the U.S. Department of Justice.

Early access to the filings of the parties to the litigation is of great value to such preparation. In addition, we are monitoring this case as part of our general responsibility to protect public health and safety.  :

Finally, you state that I " implied" that the NRC "may seek to interfere with the Sewer District's efforts to contain the abundant Cobalt-60 contamination to the AMS property."

I believe that you may have misunderstood my response to one of your questions. In response to my telling you that the: agency seldom intervenes in preemption or Price-Anderson cases involving other parties, you (or Mr. Lenhart) asked me to desenh what would cause the NRC to intervene in such litigation. I replied with a purely hypothetical 9702250345 970219 PDR FOIA ENGLISH96-444 PDR

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! Lawrence K. English 2 January 4,1995 i

l situation, couched in general terms. I said that the NRC would likely intervene when an j order which it had issued was in conflict with an order which a state or local governmental

body had issued and the NRC believed that compliance with its own order was necessary i to protect the public health and safety. 'Ihat a federal regulatory body would take this

! position can hardly be surprising. You then suggested that the NRC was contemplating an

! order to AMS to remove the plug which now prevents AMS from discharging any water into

the sewer system. However, I immediately stated my personal view that, on the facts as I

presently understood them, the hypothetical did not apply.

I hope it is clear now that I was simply asking for pleadings, and expressing no position on the merits of your lawsuit against AMS. I thank you again for providing the pleiding< so promptly.

I have one final point which deserves reiteration. In the midst of th: State court TRO hearing on this case you (or Mr. I.enhart) asked whether the NRC could provide a witness if the State judge so requested. As you may know, we received a similar request from counsel for AMS during the subsequent hearing on the preliminary injunction. Please be advised that NRC regulations governing such requests may be found at 10 C.F.R. 59.200.

We would expect reasonable advance notice of any request for NRC testimony.

Please do not hesitate to call me (301-415-1620) or John Cordes, the NRCs Solicitor (301-415-1600), who has read this letter, if you have any questions about this letter or about the NRCs posture in your litigation.

Sincerely, Steven F. Crockett Senior Attorney i

cc: Bruce A. Berson, NRC Region III Henry E. Billingsley, II m

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, JAN 06 '95 10:53 US DISTRICT COURT CLEVELAND ~'

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UNITED STATES DISTRICT COURT 4

102 U.S. COURTHOUSE -

201 SUPERIOR AVENUE i ,CIJMLAND, OHIO 44114 j ,

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(216) 522-2140 (fax)

FAX TRANSMISSION No. of Pages Te!MN Cover Page: [  ;

1 DATE: /-[-77 I l

TO: Sf-evo Cf0&N&W 3 F A X N O.: 3O/-$45"~-3dOO l FROM: M ,m SUBJECT / MESSAGE: /,'f fe y o7ES~f Please call imnw!ateJy if the telecopy you receive is incomplete or "W%. De teleplwee number is (216) . nank you.

_._ _ . . _ _ . _ _ _ _ __ ~_ _ _ _ - . . . _ . ._. . _. ._ .. _ ._ _ _ . _ - _ ____ . ._. __

.JAN 06 '95 10:54 US DISTRICT COURT QIVELAND P.2 1

Streep CAT 12 U.S. District Court Northern District of Ohio (Cleveland) ,

l 4

CIVIL DOCKET FOR CASE #: 94-CV-2555 NORSD v. Advanced Med Sys Inc, et al Filed: 12/13/94

, AsDigned to: Judge George W. White Jury demand: Plaintiff Demand: $0,000 Nature of Suit: 240

] Lord Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cture: 42:6901 Environmental Cleanup Expenses i NORTHEAST OHIO REGIONAL SEWER DISTRICT Lisa E. Hollander l 216-687-6500 l plaintiff [COR LD NTC) '

Frank Ant.hony DiPiero, Esq.

ICOR LD NTC)

Valerie Marie Fladung, Esq.

216-687-8533 (COR LD NTC) l Squire, Sanders & Dempsey '

4900 Society Center 127 Public Square Cleveland, OH 44114-1304 216-479-8500 Lawrence Kevin English, Esq.

[COR LD NTC)

Benesch, Friedlander, Coplan &

Aronoff 2300 BP America Bldg.

200 Public Square Cleveland, OH 44114-2378 216-363-4500 Sara J. Fagnilli, Esq.

[COR LD NTC)

William B. Schatz, Esq.

[COR LD NTC)

Northeast Ohio Regional Sewer District Office Of General Counsel 3826 Euclid Avenue Cleveland, OH 44114-2504 216-881-6600 v.

ADVANCED MEDICAL SYSTEMS, INC.

Docket as of January 6, 1995 10:53 am Page 1

JAN 06 '95 10:54 US DISTRICT COURi CLEVELRw P.3

, Proceedings include all events.

1:94cv2555 NORSD v. Advanced Med Sys Inc, et al Streep defendant CAT 12 P

ATC GROUP, INC.

defendant ADVANCED TECHNOLOGY CORP.

defendant SEYMOUR STEIN, PH.D., P.E. &

ASSOCIATES, INC.

defendant LUCILLE STEIN defendant CEYMOUR S STEIN defendant AMS INTERNATIONAL SALES CORP.

defendant

-ATC BETATRON CORP.

defendant ATC NYMOLD CORPORATION defendant ATC MEDICAL GROUP defendant UNIVERSAL MOTOR IAMP CORPORATION defendant ADVANCED MEDICAL SYSTEMS, INC.

OF FLORIDA defendant-ATC GROUP defendant Dock 3t as of Janua q 6, 1995 10:53 am Page 2 i

J m 06 '95 10:54 US DISTRICT COURT CLEVEUtiD P.4 4

1. Proceedings include all events.

1894cv2555 NORSD v. Advanced Med Sys Ir.c, et al i

Streep AUTOMATED DEVELOPMENT CAT 12 CORPORATION .

defendant ..

1 ATC AUTOMATED DEVELOPMENT

! CORPORATION defendant i

ATC MEDICAL TECHNOLOGY 1

4 defendant 4

EIGHT FACTORY ROW COMPANY 4

defendant 4

ATC AUTOMATION DEVELOPMENT 4

CORPORATION defendant i

JOHN DOE, Corporations, Partnerships & Individuals defendant 4

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9 Dock 0t as of January 6, 1995 10:53 am Page 3

. - - _ . - - - - _ - - . . - - . . .- ..- . . - _ _ . . - . - - . - . .. .~ - . . - _- - . ..

pH 06 '95 10:55 US DISTRICT COURT CLIVEUND P.5 4

! , Proceedings include all events.

{ 1894cv2555 NORSD v. Advanced Med Cys Ir.c, et al i .

Streep 1 12/13/94 -- FILING FEE: on 12/13/94 in the amount of $ 120.00, CAT 12 receipt # 229266. (vp) (Entry date 12/14/94] .

c, i 12/.L3/94 1 COMPLAINT for damages, tro, preliminary & permanent.

injunction; jury demand ( Service: istrate

{

. consent form issd) ( 17 pgs) . (baw) summons [ Entry date issd, mag /94]

12/16

! 12/13/94 -- ASSIGNMENT OF MAGISTRATE JUDGE pursuant to Local Rule p

1:2.4, Assignment of Cases. In the event of referral this 4

' case will be referred to Mag. Judge Jack B. Streepy . 1 pg (baw) (Entry date 12/16/94]

! 12/13/94 2 CIS filed (Entry date by 12/16/94]

pitf. Recommended Track: Complex. ( 1 pg) (baw) I I

'12/13/94 3 DCM INITIAL ORDER issued. For the Court, Chief Judge Thomas D. Lambros. 2 pg (s) . (baw) (Entry date 12/16/94]

12/13/94 4 restraining order ( 17+exh MOTION pgs) (baw by)pitf (Entryfor datetemporary 12/16 /94]

12/13/94 5 CERTIFICATE by pitf's atty in support of motion for i

temporary restraining order [4-1] ( 2 pgs) (baw)

(Entry date 12/16/94]

12/14/94h MINUTES of proceedings: before Judge George W. White ;

Court reporter Heidi Geizer granting motion for temporary restraining order (4-1] to the extent re: compression plug remaining in place. Pltf may test proof run-off in tanks brought on deft's prop at pitf's exp. Prel inj hrg tent sch 1/17/95 time to be announced. ( 1 pgs) (vd)

[ Entry date 12/19/94]  ;

12/14/94h ORDER: granting mot for TRO (cert copies issued on 12/16/94) ( 2 pgs) Judge George W. White (vd)

(Entry date 12/19/94]

12/20/94 8 PRAECIPE: by plaintiff NORSD for alias summ (issued on 12/20/94) ( 1 pgs) (vd) (Entry date 12/21/94]

12/21/94h TRANSCRIPT of proceedings before Judge George W. White taken on December 13, 1994 by court reporter Heidi Blueskye Geizer ( 72 pgs) (vd) 1/4/95 10 MOTION by plaintiff NORSD for preliminary injunction - ( 5 pgs) (vd) (Entry date 01/05/95]

1/4/95 ) MEMORANDUM by plaintiff NORSD in support of motion for V

injunction [10-1]( 20+exh pgs) (vd) p[ Entry datereliminary 01/05/95)

Dockot as of January 6, 1995 10:53 am Page 4