ML20153F691

Alleges That B Hayes Testimony During 870409 Hearing,Re Sensitive NRC Documents Being in Files of Senior Util Official,As False & Misleading.Sensitive Matl Released to Public in Response to FOIA 83-508 on 830923

ML20153F691
Person / Time
Issue date:	04/22/1987
From:	Cutchin J NRC COMMISSION (OCM)
To:	Connelly S NRC OFFICE OF INSPECTOR & AUDITOR (OIA)
Shared Package
ML20153F619	List: IA-83-508, Forwards Listed Documents Subj to FOIA-83-508.Concurrence or Nonconcurrence in Ofc of Investigations Recommendation Re Disclosure Requested No Later than 840123 IR 05000382/1982014 ML20153F614 ML20153F623 ML20153F632 ML20153F643 ML20153F652 ML20153F665 ML20153F691 ML20153F697 ML20153F739 ML20153F815 ML20153F824 ML20153F833 ML20153F858 ML20153F876
References
FOIA-88-43 NUDOCS 8805110025
Download: ML20153F691 (2)

Text

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NUCLEAR REGULATORY CC"*a'SSION

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OF FICE OF THE SEIil 22e 1987 commusslONER MEMORANDUM FOR: Sharon Connelly '

Director, OIA JamesM.Cutchin,I[

FROM:

Legal Assistant to Comissioner Roberts

SUBJECT:

POSSIBLE FALSE TESTIMONY BY BEN HAYES TO COMMITTEE At the hearing before Senator Glenn on Aprilii9,1987 NRC Ben Haye testimony about "the discovery by 01 investigator "

that he concluded "came from the office of Commission He asserted that the "leaked document was definitely not the ty document that is publicly releasable."

Havino been present at the meeting between Messrs. Roberts'Hayes and which the discovery of the document was brought to Commissioner j

attention and hav 'ng provided ding to Mr. Ryan was

) within

- the docurent really was not "sensitive" tion of thein that my weeks of its generation, I was surprised by Haye a

publicly releasable."

After the hearing I went to the PDR to see if I could confirm 1

document had been placed there.

had been released 23, 1983.

to the public in response to an FOI A R 83-508) on September l if its records of the "releasability determination" for t Among those records is a were available.

legal assistants 14, 1983 and to you on April 17. memorandum from an emp i September

. Inspection and Enforcement Also to amonganthoseemployee i N Egry PDR in response to an even earlier FOIA request.

records is a memorandum from an employee of our Office of Im Mcr::;r,t to the then Acting (Chief to) i.e., no objection ofrelease the FOIA of the Branch w that 01 had noand document recomendation states th?t the releasability determination sh by others.

8805110025 FOIA 880502 PDR PDR BERCMANBO-43

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y '. O O 1 a.

, I believe that-Mr. Hayes as an experienced investigator knew or should I have known these facts. I also believe in light of these facts that Mr. Hayes may have intentionally provided false and misleading testimony '

to a Committee of the United States Senate in violation of 18 USC 1001 ,

, and/or other criminal statutes. For this reason I am providing my concerns to you for referral to the Department of Justice for i appropriate action.

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