ML20153F665

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Forwards Jm Cutchin 870422 Memo Re Allegation That Bb Hayes, Director of Ofc of Investigations,Intentionally Provided False & Misleading Testimony During 870409 Hearing Before Senate Committee
ML20153F665
Person / Time
Issue date: 04/24/1987
From: Connelly S
NRC OFFICE OF INSPECTOR & AUDITOR (OIA)
To: Webster W
FEDERAL BUREAU OF INVESTIGATION
Shared Package
ML20153F619 List:
References
FOIA-88-43 NUDOCS 8805110019
Download: ML20153F665 (2)


Text

r p 24 $87 The Honorable William H. Webster Director Federal Bureau of Investigation 9th Street and Pennsylvania Avenue, N.W.

Washington, DC 20535

Dear Judge Webster:

On April 22, 1987, I received the enclosed memorandum from James M. Cutchin, IV, Legal Assistant to Comissioner Thomas M. Roberts of the U.S. Nuclear Regulatory Comission (NRC). In his memorandum Mr. Cutchin made an allegation that Mr. Ben B. Hayes, who is employed as the Director of NRC's Office of Investigations, may have intentionally provided false and misleading testimony to a Comittee of the United States Senate in violatiun of 18 USC 1001 and/or other crimina'i statutes. The testimony at issue was given under oath by Mr. Hayes on April 9,1987, before the Senate Comittee on Governmental Affairs during a hearing conducted by Senator John Glenn concerning the need for an inspector general at the NRC. A copy of Mr. Hayes' testimony is enclosed. Mr. Hayes' testimony focused in part on the discovery of an internal NRC memorandum in the files of a Louisiana Power and Light official.

Mr. Cutchin's memorandum refers to that internal NRC memorandum and contrasts its public disclosure in connection with a Freedom of Infomation Act (FOIA) request processed by the NRC to Mr. Hayes' testimony which characterized it as a sensitive document not releasable to the public. In that regard, I am also enclosing documents associated with the F0!A request he mentions.

Mr. Cutchin's allegation is somewhat related to another allegation which I referred to you by letter dated April 15, 1987, in that it too stems from testimony given durir.g the same April 9 hearing. Therefore, Mr. Cutchin's allegation is also being referred to the Federal Bureau of Investigation in accordance with the provisions of the Atomic Energy Act of 1954, as amended, and codified in 42 USC 52271(b).

For your information, a copy of this referral letter ar.d documents forwarded '

with it are being provided to Mr. Timothy J. Reardon, III, who is the Principal Assistant U.S. Attorney for the District of Columbia. Mr. Reardon's office has recently been requested by Senator Glenn to review another matter raised in testimony during the April 9 hearing and Mr. Cutchin's allegation appears to have some bearing on that matter. It is my understanding from Mr. Reardon that his office will request the FBI to expeditiously conduct an investigation of the matter referred to them by Senator Glenn.

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i As an adjunct issue, I advised Mr. Reardon of the allegations which I referred to you by letter dated April 15, 1987. Mr. Reardon requested that I provide him a copy of the letter and its attachments. By letter dated April 24, 1987, I complied with his request. 2 If you have any questions regarding these matters, please do not hesitate to 4 contact me or my Deputy Director, Frederick W. Herr directly on 492-7301.

Sincerely.

04 E nal M " y i ,y,,,,,,

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Sharon R. Connelly, Director '

Office of Inspector and Auditor Attachments:

As stated Ltr to WebsterAiARK4 1

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OETICIAL RIDORD COPY I

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