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)

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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 POSSIBLE FALSE TESTIMONY BY BEN HAYES TO

SUBJECT:

COMMITTEE At the hearing before Senator Glenn on April 9,1987 Ben Haye ii NRC testimony about "the discovery by 01 investigato 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. Hayes and Roberts' which the discovery of the document was brought to Commissioner attention and hav 'ng provided to Mr. Ryan ding was the docurent really was not "sensitive" in that my

) within j

tion of the 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

had been released to the public in response to an FOI A R document had been placed there.

23, 1983.

if its records of the "releasability determination" for t 83-508) on September l

Among those records is a were available.

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

Also among those PDR in response to an even earlier FOIA request.

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

8805110025 880502 FOIA PDR PDR BERCMANBO-43

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. 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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