ML20151Z656

Advises That Encl List of Clients Willing to Cooperate W/Nrc Re Investigation of Plant

ML20151Z656
Person / Time
Site:	Farley
Issue date:	05/06/1986
From:	John Miller BALCH & BINGHAM (FORMERLY BALCH, BINGHAM, BAKER
To:	Burch R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
Shared Package
ML20151Z644	List: ML20151Z640 ML20151Z656 ML20151Z668 ML20151Z679 ML20151Z693
References
NUDOCS 8808300085
Download: ML20151Z656 (4)

Text

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Mr. Robert H. Burch, Investigator  ;

Office of Investigations Field Office, Region II i 101 Marietta Street, suite 3100  ;

Atlanta, Georgia 30303 l RE: Nuclear Regulatory Comission Investigation - Farley Nuclear Plant

Dear Mr. Burch:

'Ihis law firm has been engaged to represent those clients shown on Attachment I to this letter, for all matters, formal or informal, that are related to the investigation being conducted by the Nuclear Regulatory Commission (NRC) at the Joseph M. Farley Nuclear Plant (INP). Please do not contact any of the individuals without first contacting us and, in the case of Alabama Power Company, please do not contact any officer, director, managing director, general manager or manager without first contacting us.

As an initial matter we inform you that our clients are anxious to cooperate with you in your investigation, are willing to be interviewed by you, subject to the terms and conditions later stated in this letter, and are desirous of assuring that you have full, fair and complete access to relevant and material evidence that touches or concerns the allegations which you are investic,ating.

As part of the aforementioned promise, however, we call your attention to

, the fact that you have cepeatedly refused to identify the allegations under investigation, or allot us to confront our client's accuser (s) if such may be the case, which, in our view is contrary to fundamental principles of fairness and due process of law. 'Ihus, our client's undertaking should not be viewed by you as a waiver of any rights, procedural or substantive which they may have, rather, it should be viewed as an expression of our client's intent to assist you in performing a thorough, timely and objective investigation.

In the event you wish to discuss any .atter under investigation with one or more of our clients, then we propose the following terms and conditions for your consideration:

's ATTACHMENT 1 800e300005 P

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Page 2 May 6, 1986 ,

Mr. Robert H. Burch l

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1. Intarviews normally will be conducted at Farley Nuclear Plant in a conference room provided for them and, at a time reasonable and convenient for all concerned. Individual work schedules may  ;

require modification and we commit to accommodating any reasonable request. ,,

2. An attorney from this office must be present during all sspects of 1

the interviev.

3. If the interviewee so desires, then a personal representative of j their choosing may also be available. his condition is a recognition that the interviews will likely be highly technical and hence someone with an adequate technical background may need to be present to ensure that all questions are understood by the interviewee.

4. A stenographic transcript or recording may be made of the entire l interview and a copy provided to you. If transcribed then it will be reviewed for accuracy by the interviewee and signed. At  !

anytime if ti.a interviewee needs to anplify, amend, correct or supplement a response then he will be afforded the opportunity to  !

J do so.

5. We transcript or recording will not celeased to any person, firm, corporation, agency or other ent, .y outside of the NRC without the written consent of tha .nterviewee. Upon conclusion of the investigation the transcr:pc, together with any copies, will be returned to the person interviewed.

6. Documents and things about which an interviewee may be questioned shall be identified for the record and made a part of it. ne

. interviewee shall have an opportunity to review the document or

. thing before answering questions about it.

7. Questions directed to the interviewee must be material and relevant to the investigation of the allegations pending with the NRC. Questioning may not be hostile, belligerent, over-burdensome or harassing. Comphte answers to all questions will be allowed together with such explanation as may be necessary.

8. Attendance at the interview is voluntary and may be terminated by the intervievee at any time and for any reason.

We reiterate the willingness of our clients to assist you in your investigation. Since only you know the allegations then only you know which, if any, of our clients may have information that is helpful to you.

Since you have already telephoned some of them to ask questions about plant procedures, we assume that you have matters which you would like to

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c Page 3 May 6, 1986

• Mr. Robert H. Burch dis' cuss. On their behalf, as well as these o have not been called, we are ready to be of service.

Finallv, we remind you that we are counsel to Alabama Power Company in the case of Smith vs Alabama Power Company, CV-84-1591 in the Circuit Court of the Tenth Judicial Circuit, Jefferson County, Alabane. In the event you wish to discuss matters relevant to that litigated case with persons other than identified on Attachment I then we remind you that they, too, may be 1 our clients and you may not interview them without our permission.

Please don't hesitate to call us should you have any questions concerning this matter.

Yours'}erytruly, h

L ,iQ } t s H. Miller, III JHM;jl Attachment l

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r' (s ATMCBMENT I William R. Bayne ,

. Richard Bloom Paul E. Bronold James Q. Bryan Timothy M. Burr Harry V. Crine-Elwynn Dennis *,

Don E. Grissette James B. Geiger J. P. Higginbotham Jolynn K. Kuryla Maxem O. McGilvray Martin W. Mitchell David N. Morey, III Jeffrey A. Morrow Charles D. Nesbitt Robert E. SleemaN Jr.

Mitchell Walters Wade Warren Gregory E. Whigham J. D. Woodard Alabama Power Company and its officers, directors, managing directors, or managers.

Any present or pcst employees of Alabama Power Company who has information useful to its defense in the case of Smith vs Alabama Power Company.

Any other person who may subsequently employ Balch & Bindum as their attorn .

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