ML20202G633
| ML20202G633 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 04/08/1986 |
| From: | Maupin M GENERAL PUBLIC UTILITIES CORP., HUNTON & WILLIAMS |
| To: | NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| References | |
| CON-#286-717 CH, NUDOCS 8604140450 | |
| Download: ML20202G633 (14) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g3;}"
Before the Administrative Law Judge In the Matter of
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GENERAL PUBLIC UTILITIES
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Docket No. 50-289 (CH)
NUCLEAR
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(Three Mile Island Nuclear
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Station, Unit No. 1)
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MR. HUSTED'S FIRST INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS TO NRC STAFF-In accordance with the Report and Order on Initial Prehearing Conference a* 13, General Public Utilities Nuclear Corporation (Three Mile Island Nuclear Station, Unit No. 1), Docket No. 50-2 89 (CH)
Mr. Husted hereby files with the presiding officer and serves the Nuclear Regulatory Commission Staff, a party in this proceeding, with Mr. Husted's First Interrogatories and Request for Production of Documents to the NRC Staff.
You are requested to answer each Interrogatory separately and fully in writing under oath or f
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l affirmation, and to include all pertinent information available to-you, your agents, advisors or counsel.
You are also requested to supplement each Interroga-tory answer as necessary or appropriate in accordance with 10 C.F.R.
S 2.740 (e), as preserved by 10 C.F.R.
S 2.740 (f) (3).
Definitions 1.
"NRC" or " Nuclear Regulatory Commission" means the Nuclear Regulatory Commission, its branches, depart-ments, sections, offices, and subdivisions, its'present and former commissioners, administrators, officials, inspectors, investigators, staff, consultants, contrac-tors, attorneys, employees, agents, representatives and accountants, and their agents, attorneys and representa-tives.
2.
" Personnel" means any employee, officer, direc-tor, agent, administr,ator, inspector, investigator, con-tractor, and attorney, and their agents, attorneys or representatives.
3.
"NRC Staff" means the Nuclear Regulatory Com-mission Staff, its officers, agents, attorneys, and employees, and their agents, attorneys and representa-tives.
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"You" or "your" means Nuclear Regulatory Com-mission Staff.
5.
"TMI" means Three Mile Island Nuclear Station.
6.
"TMIA" means intervenor Three Mile Island Alert, its officers, agents, att)rneys, representatives f
and employees, and all other persons who act or have acted on behalf of Three Mile Island Alert.
7.
"GPU" means intervenor General Public Utilities Nuclear, any of its subsidiaries and successors, includ-ing but not limited to GPU Nuclear Corporation and Metropolitan Edison Company, it or its subsidiaries' i
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branches, divisions, departments, sections, affiliates, 4
present and former officers, directors, management, i
employees, staff, officials, consultants, attorneys, i
representatives, and agents.
8.
" Document" means and includes the original and each copy, whether different from the original by means of notes made on such copy or otherwise, regardless of origin or location, of any handwritten, typewritten, printed, recorded, transcribed, punched, taped, photo-copied, photostatic, telexed, filmed, microfilmed or 3
otherwise prepared matter, however produced or i
reproduced, that is in your possession, custody or con-f trol, including but not limited to, all letters, i
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correspondence, memoranda, telegrams, memoranda or minutes of meetings or conversations personal or tele-phonic, reports, summaries, notes, surveys, analyses, studies, evaluations and writings of every description, including drawings, graphs, charts, photographs and other data or compilations from which information can be obtained and translated, if necessary, by you into reasonably usable form.
9.
" Communication" means communication, dis-cussion, conversation, contact, letter, memorandum, telephone call, telegram, message or direction, whether written or oral, and whether in person, by telephone, or j
by mail.
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Instructions 1
1.
As part of the response to each Interrogatory, l
identify each document that evidences the fact or' facts relied upon in the response given.
2.
As part of the response to each Interrogatory, identify each individual or entity with knowledge of the facts described in the answer to that Interrogatory.
1 3.
When an Interrogatory requests the identifica-1 tion of an individual or entity, set forth the following information as applicable:
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l (a) full name; (b) present or last known address; (c) present or last known telephone number; (d) present occupation, job title and employer; and (e) occupation, job title and employer at the time of the event or period referred to in each particular Interrogatory.
4.
When an Interrogatory requests the identifica-tion of a document, set forth the following:
(a) the nature, (e.g.,
letter, handwritten note) of the document; (b) the title or heading that appears on the docu-ment; (c) the date of the document and the date of each addendum, supplement, addition or change; (d) identification of the author and of the signer thereof, an,d of the person on whose behalf or at whose request or direction the document was prepared or delivered; (e) identification of the addressee or recipient thereof, if any; and (f) the present location of the document and the name, address, position or title, and
o telephone number of the person or persons having custody.
5.
Whenever you are requested to give specific information, such as a date or a figure, and you cannot give the exact information, give your best estimate thereof indicating that it is an estimate.
6.
The singular and masculine form of a noun or pronoun shall embrace the plural, feminine, or neuter as the particular context may require.
Interrogatories 1.
Please identify the person answering each of the following Interrogatories and each person who was consulted in the preparation of each answer.
l 2.
Please identify the NRC personnel that proc-tored or administered the reactor and senior reactor operator examinations given at TMI in April of 1981.
As part of your answer, please identify the examination or examinations, whether reactor operator-A, reactor operator-B, senior reactor operator-A or senior reactor operator-B, that each individual proctored.
3.
With respect to the July 29, 1981 interview of Mr. Husted by NRC Investigators R. Keith Christopher and Raymond H. Smith, did either Christopher or Smith take
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notes during the interview?
If so, please produce these notes.
If you are unable to produce any notes that were taken, state why you are unable to do so.
If notes were taken but are no longer in existence, state what happened to those notes, and state the substance of those notes.
4.
With respect to the September 18, 1981 inter-view of Mr. Husted by NRC Investigator Richard A.
Matakas, did Mr. Matakas take notes during the inter-view?
If so, please produce these notes.
If you are unable to' produce any notes that were taken, state why l
you are unable to do so.
If notes were taken but are no longer in existence, state what happened to those notes, and state the substance of those notes.
In addition, state whether the notes were in question-and-answsr
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form.
5.
With respect to the September 25, 1981 inter-view of P by NRC Investigators, identify each NRC Investigator present during the interview.
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(a)
Did any of the Investigators take handwritten or typed notes during the interview?
(b)
If so, please produce those notes.
(c)
If you are unable to produce any notes that were taken, state why you are unable to do so.
If notes were taken but are no longer in exis-tence, state what happened to those notes and state the substance of those notes.
6.
Identify the individual that wrote page 39 of former Staff Exhibit Number 26, titled " Report of Investigation:
Three Mile Island Nuclear Generating Station, Unit 1/ Investigation of Alleged Cheating on Operator Licensing Examinations" (Aug. 11, 1981) dealing with the NRC's interview of Mr. Husted, and identify the sources that individual used to compile the information contained in page 39, i.e.,
personal recollections, handwritten or typed notes, discussion with other per-sons or documents or communications of any kind.
7.
Identify the individual that wrote page 16 of former Staff Exhibit Number 27, titled " Report of Investigation:
Three Mile Island Nuclear Generating Station, Unit 1/ Investigation of Alleged Cheating on Operator Licensing Examinations" (Oct. 13, 1981) dealing with the NRC's interview of Mr. Husted, and identify the source that individual used to compile the information contained in page 16, i.e.,
personal recollections, handwritten or typed notes, discussions with other per-sons or documents or communications of any kind.
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8.
Identify the individual that wrote pages 40-41 of former Staff Exhibit Number 27, titled " Report of Investigation:
Three Mile Island Nuclear Generating Station, Unit 1/ Investigation of Alleged Improprieties on Operator Licensing Examinations" dealing with the NRC's interview of P, and identify the source that individual used to compile the information contained in pages 40-41, i.e., personal recollection, handwritten or typed notes, discussions with other persons or documents or communications of any kind.
9.
Please identify the present address, employer, employment position, and telephone number of each of the following individuals:
(1) Richard Matakas; (2) R. Keith Christopher; (3) Raymond H.
Smith; (4) William Ward; (5) Peter Baci; and (6) Edward Gilbert.
10 Please state your position on each of the I
following issues admi,tted for litigation in this pro-ceeding.
If you are unable to state your position at this time, please identify all documents and communica-tions in the NRC's or your custody or control that relate to each of the following issues admitted for litigation in this proceeding.
Include each and every fact on which you base your positions on these issues:
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(a)
Charles Husted's alleged solicitation of an answer to an examination question from another operator during the April 1981 NRC written examination.
(b)
The alleged lack of forthrightness of Charles Husted's testimony before the Special Master in Metropolitan Edison Company (Three Mile Island Nuclear Station, Unit No. 1), Docket No. 50-289, on December 10, 1981.
(c)
Charles Husted's alleged poor attitude toward the hearing before the Special Master on the cheating incidents.
(d)
Mr. Husted's alleged lack of cooperation with NRC investigators during the investigation into cheating on NRC examinations at TMI.
(e)
What Mr. Husted's performance of his responsi-bilities as a licensed operator, instructor of licensed an$ non-licensed training, supervisor of non-licensed training, and any_other posi-tion he has held or holds with General Public Utilities Nuclear, or its predecessor, Metro-politan Edison Company, reflects about.
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Mr. Husted's attitude and integrity.
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(f)
With regard to the two contentions of TMIA and the contention of GPU admitted by Report and Order on Initial Prehearing Conference of February 27, 1986, General Public Utilities Nuclear, (Three Mile Island Nuclear Station, Unit No. 1), Docket No. 50-289(CH), is any remedial action with respect to Mr. Husted required?
If you believe that remedial action is warranted, please state the remedial action.
(g)
If you believe that remedial action is warranted, please identify, by section and subsection, what NRC statutory or regulatory mandate Mr. Husted has violated, and the legal basis for imposing remedial action.
11.
Identify every witness who will testify at the hearing in this proceeding on your behalf or who has been requested to testify, will be requested to testify or is likely to be requested to testify, regardless of whether the nature of the appearance be by summons or i
voluntary, and further state the subject area and sub-stance upon which each witness is expected to testify.
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Document Requests Please make available for inspection and copying, at a time and location to be designated, any and all documents of whatever description identified in your answers to the above Interrogatories.- If you maintain that some documents should not be made available for inspection, you should identify the document as to date, title, author, recipient, and subject matter, and explain why such documents are not being made available.
In addition, you should identify those persons who have seen the document or who were sent copies of the docu-ment.
Respectfully submitted, CHARLES HUSTED By Y h'wd6' N ' #M W Michael W. Maupin, Counsel Of Counsel Michael W. Maupin 1
Maria C. Hensley HUNTON & WILLIAMS i
P.O. Box 1535 Richmond, Virginia 23212 Dated:
April 8, 1986
- b April 8, 1986 UNITED STATES OF AMERICA i
NUCLEAR REGULATORY COMMISSION Before the Administrative Law Judge In the Matter of
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GENERAL PUBLIC UTILITIES NUCLEAR
) Docket No. 50-289 (CH)
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(Three Miles Island Nuclear Station,)
Unit No. 1)
)
CERTIFICATE OF SERVICE I certify that copies of Mr. Husted's First Interrogatories and Request for Production of Documents to NRC Staff, dated April 10, 1986, were served upon the following persons today by deposit.in the U.S. Mail, first I
class, postage pre-paid, or in the case marked by an asterisk below by Federal Express, addressed to them at the following addresses:
The Honorable Morton B. Margulies Administrative Law Judge i
Atomic Safety and Licensing' Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l
ATTENTION:
Chief, Docketing and Service Section
- George E. Johnson, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission 7735 Old Georgetown Road Bethesda, Maryland 20814 Mail Stop 9604 Ms. Louise Bradford Three Mile Island Alert 1011 Green Street Harrisburg, Pennsylvania 17102 Deborah B. Bauser, Esquire Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Washington, D.C.
20036 Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555
/s/ bcmc - /u. 41mv5 Michael W. Maupin, Counsel for Charles Husted Dated:
April 8, 1986 l
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