ML20197B906
| ML20197B906 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/09/1986 |
| From: | Maupin M HUNTON & WILLIAMS, MILLER, G.P. |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#286-122 LRP, NUDOCS 8605130179 | |
| Download: ML20197B906 (8) | |
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May 9, 1986
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In the Matter of
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) Docket No. LRP INQUIRY INTO THREE MILE ISLAND
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UNIT 2 LEAK RATE DATA FALSIFICATION)
RESPONSE OF GARY P. MILLER TO LEAD COUNSEL'S MASTER LIST AND DESIGNATION OF PRIOR STATEMENTS Lead Counsel in this proceeding filed on April 18, 1986 its proposed master list of prior state-ments by individuals involved in leak rate testing at TMI-2 and its designation of such statements for use in this proceeding.
The Presiding Board, in its March 26, 1986 Memorandum and Order (the Memorandum), required the other parties, by April 30, 1986, to:
(a) stipulate or object to the lead coun-sel's master list and designated statements and/or (b) add to the master list and/or designate other statements.
Memorandum at 11.
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At the pre-hearing conference on April 24, 1986, the Board. extended the April 30 filing date to May 9, 1986.
Tr. 130-31, 134.
In addition, in response to an inquiry from Mr. Maupin, the Board indicated that in those cases where a party might wish to use a prior statement at some time during this proceeding in connection with the testimony of a witness already identified -- for example to test the reliability of his memory -- the statement should be identified by May 9.
Tr. 119-20, 130-31, 134.
Mr. Miller, then, believes that he must now desig-nate any prior statement that he might reasonably wish to use, for any purpose, in connection with the testimony of a witness who has already been named.
Accordingly, Mr. Miller does not object to the master list of prior statements designated by Lead Counsel in its April 18, 1986 Response of Employees to Part II.D. of Memorandum and Order of March 26, 1986 (the Response). Nor does Mr. Miller object to the smaller list of prior statements designated by I
Lead Counsel in its Response for use in this pro-ceeding.
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. y Mr. Miller does wish to add to the master list the following statements:
1.
Interview of Joseph Chwastyk, dated May 21, 1979, by NRC, Office of Inspection and Enforcement.
2.
Interview of Joseph Chwastyk, dated October 11, 1979, by the Special Inquiry Group.
3.
Interview of Joseph Chwastyk, dated October 30, 1979, by the Special Inquiry Group.
4.
Interview of Joseph Chwastyk, dated September 4, 1980, by NRC, Office of Inspection and Enforcement.
5.
Testimony of Joseph Chwastyk at Tr. 29,107-29,426 in In the Matter of Metro-politan Edison Company (Three Mile Island Nuclear Station, Unit No. 1), Docket No. 50-289-SP (Restart Remand on Management)
(the Dieckamp Mailgram proceeding).
Mr. Miller wishes to emphasize that it may be unnecessary to use these prior statements for any purpose; and even if they were to be used, the manner of their use might well depend on the precise content of the testimony that is prefiled or given
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orally in this proceeding.
This being so, we suggest that it would be premature for the Board to rule at this time on any possible use that we might wish to make of the statements.
In short, we believe that this is an instance where the Board might best " defer such rulings until the hearing on a case-by-case basis."
See Memorandum at 11.
We should add for the benefit of the Board and the parties, if an occasion arises that causes Mr. Miller to attempt to rely on these prior state-ments for any purpose, we might also wish to call the attention of the Board to the Partial Initial Decision on the Remanded Issue of the Dieckamp Mailgram, which was issued on August 19, 1985 in the Dieckamp Mailgram proceeding, at pages 45 through 74.
One final point.
We have based the above designations on what we can now reasonably anticipate in terms of testimony that will be given in the proceeding.
We base what we reasonably anticipate on what we have learned about the leak rate matter over the years.
It is, of course, possible that one or more witnesses will give i
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testimony that differs from their prior statements in a significant way or is in some other respect
" surprising" to Mr. Miller.
If that should occur, we may have no choice but to attempt at that time to use prior statements that we are not now designating.
Our only alternative would be to designate at this time every prior statement on the master list, and that is a step that would not advance this proceeding in any way.
Respectfully submitted, GARY P. MILLER P
By bM h &
i Michael W. Maupin of Counsel Michael W. Maupin Maria C. Hensley
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Hunton & Williams P.O.
Box 1535 Richmond, Virginia 23212 Dated:
May 9, 1986
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May 9, 1986 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE PRESIDING BOARD In the Matter of
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} Docket No. LRP INQUIRY INTO THREE MILE ISLAND
)
UNIT 2 LEAK RATE DATA FALSIFICATION)
CERTIFICATE OF SERVICE I certify that copies of the Response of Gary P. Miller to Lead Counsel's Master List and Designation of Prior Statements, dated May 9, 1986, were served today upon the following persons by deposit in the U.S. Mail, first class, postage prepaid:
Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 ATTENTION:
Chief, Docketing and Service Section Administrative Judge James L.
- Kelley, Chairman U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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6 Administrative Judge Glenn O. Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555-Administrative Judge Jerry R. Kline Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Ernest L.
Blake, Jr., Esq.
Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Washington, D.C.
20036 Jack R. Goldberg, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Harry H. Voigt, Esq.
LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Avenue, N.W.
Suite 1100 Washington, D.C.
20036 Smith B. Gephart, Esq.
Killian'& Gephart 216-218 Pine Street P.O.
Box 886 Harrisburg, Pennsylvania 17108 James B.
Burns, Esq.
Isham, Lincoln & Beale 3 First National Plaza Suite 5200 Chicago, Illinois 60602
4 s '-4 Ms.-Marjorie M. Aamodt Mr. Norman O. Aamodt Box 652 Lake Placid, New York 12946 Ms. Marjorie M. Aamodt Mr. Norman O. Aamodt 200 North Church Street Parkesburg, Pennsylvania 19365 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 hW w %w A Michael W. Maupin, Counsel for Gary P. Miller Dated:
May 9, 1986 4