ML20154Q350

OI Policies on Rights of Employees Under Investigation

ML20154Q350
Person / Time
Issue date:	06/09/1986
From:	NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:
Shared Package
ML20154Q299	List: ML20154Q296 ML20154Q350
References
FOIA-98-108 PROC-860609, NUDOCS 9810230216
Download: ML20154Q350 (2)

Text

f", D !l O ,

t- .. g- REGIONAL OPER ' AND ENFORCEM ,

w l

' ' OFFICE ' OF EXECUTIVE LEGAL DIR. - <

U.S. NUCLEAR REGULATORY COMM.

FILE ALREADY MADE 86 --

L= : m x___ bNd"7N) mar.E A NEW FILE EA 86 -

Date 4[4f

( '

DP 86 - ~

MA 86 -

0I 86 - ft)plgy/ /5 #SWbel PREVIOUSLY CONTROLLED f)g Arrgeneyby

. CONTROL gyp g , g/p j Assign to:

7 g,,4 , J [, g Due date:

~

67. I FILE AT COPIES FOR:

Lieberman V RH KC WP SC ALL Reviewer ROUTE T0:

Cunningham/Murray SB RH KC WP SC ALL

/ Regional Counsel (# l(, )

I II III IV V AFTER ROUTING:

DESTROY Olmstead FILE Ragan RETURN TO Chris tenbury -

Axelrad l

' s' I  ; .,,J ,' ' ' , e

' n.

. m '~ - , '

L COMMENTS: ,'., - 7 ~~

9810230216 981021

' N --

PDR FOIA Py -

C.,

TEMPLE 98-108 James Lieberman r- .

h. -

1 1

1 OI POLICIES ON RIGHTS OF EMPLOYEES UNDER INVESTIGATION

1. OI investigators will cor.tinue the practice of normally not advi si ng individuals i n non.-custodi al interviews that they may be represented by l counsel. However, individuals being interviewed should not be told that they cannot employ private counsel for consultation and/or attendance at l such interviews.

2. Individuals being interviewed will normally be permitted to have a personal attorney or other personal representative present during interviews. However, if the personal attorney or representative also reprecente another potential in ter viewee, or the company being investigated, then the investigator will contact headquarters and a case-by-case determination shall be made whether to exclude the personal attorney on conflict of interest grounds. Other third parties. such as licensee management or union stewards, will normally not be permitted to be present during interviews. Requests for other than personal counsel shall be handl ed on a case-by-case basis after consul tati on wi th OGC.

3. The use of stenographic reporters or tape recorders will be at the discretion of the investigator but will not normally be used due to the impediment they may pose to the free flow of information. Requests by an interviewee to have an interview recorded will be dealt with on a case-by-case basi s. The investigator may either allow taping or terminate the interview. The NRC normally will make the tape if an interview were to be recorded, and would not provide the interviewee a copy of the tape before the investigation has been completed.

~

W J ~

l t

l

)

Cys: Dircks

/  % UNITED STATES Oe

! F ,n NUCLEAR REGULATORY COMMISSION Rehm

( $ WASHIN GTON, D.C. 20555 fy gp**O%.f *** Of I'#I "

May 21, 1985 Denton OFFICU OF THE ce Davis EECRLTARY MinOgue Regions I - V MEMORANDUM F?R: William J. Dircks, Executive Direciar for Operations .

. Ben B. Hayes, Director Office of Inves ations FROM: Samuel J. Chilk retary

SUBJECT:

STAFF REQUIREMENTS -- SECY-85 _. INVESTIGATION POLICY ON RIGHTS OF LICENSEE EMPLOYEES UNDER INVESTIGATION The Commission has voted 3-2 (with Commissioners Roberts and Bernthal disagreeing) to approve the three policy statements recommended by the Office of Investigations on the rights of licensee employees under investigation. The separate views of Commissioners Roberts and Bernthal are attached. The Commission has further agreed to the following changes to the text of the policy statement:

a. Modify Policy (1) by adding the following sentence:

"However, individuals being interviewed should not be told that they cannot employ private counsel for consultation and/or attendance at such interviews.". -

b. Modify the second sentence in Policy (2) to read "however, if the personal attorney or representative also represents another potential interviewee, or the company being investigated, then the investiga-

';.or will contact headquarters and a case-by-case determination shall be made whether to exclude the personal attorney on conflict of interest grounds."

(New material is underscored) nec's ott.to g :p g oute. . 5. .p. . . . ~m twe...... -

b0 //

\A

c. Add after the second sentence in Policy (3) the sentence:, "The investigator may either allow taping or terminate the interview." In the last sentence of Policy (3) delete "until" and insert "before".

d. Add at the end of Policy (2) the following sentence

" Requests for other than personal counsel shall be handled on : case-by-case basis after consultation with OGC.

(O';) (SECY SUSPENSE: 6/10/85)

AttacbJnents:

As Stated '

. cc: Chairman Palladino Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Zech OGC ~~

OPE l