ML20204B801

Notice of Deposition of Rc Arnold.* Arnold Given Notice & Requested to Appear in Gaithersburg,Md on 870407 to Give Testimony Re Issues Discussed in 860813 Memorandum & Order. Certificate of Svc Encl.Related Correspondence

ML20204B801
Person / Time
Site:	Three Mile Island
Issue date:	03/19/1987
From:	Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
Shared Package
ML20204B687	List: ML20204B683 ML20204B801
References
CIV-PEN, EA-84-137, NUDOCS 8703250153
Download: ML20204B801 (5)

Text

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4 March 19,1987 UNITED. STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of )

) Docket No. 50-320 GPU NUCLEAR CORPORATION ) (Civil- Penalty)

) License. No. DPR-73 (Three Mile Island Nuclear Station ) EA 84-137 Unit No. 2) )

NOTICE OF DEPOSITION OF ROBERT C. ARNOLD Pursuant to 10 C.F.R. I 2.740s, the NRC Staff hereby gives notice that ' it shcIl' take the deposition of Robert C. Arnold, c/o J. Patrick Hickey, Shaw, Pittman, Potts and Trowbridge, 2300 N Street, N.W. ,

Washington, D.C. 20037, in the above-captioned proceeding. The deposition shall commence on Friday, April 24, 1987, at 9:30 a.m. and

- continue until completed. The deposition will be taken at the offices of i

Shaw, Pittman, Potts, and Trowbridge, 2300 N Street, N.W., Washington, D.C. before a notary public from Ace Federal Reports, Inc., 444 North i

Capitol Street, Washington, D.C. 20001.

l Mr. Arnold will be examined as to the issues covered by the attached " Presiding Officer's Memorandum and Order Following Prehearing Conference" (August 13, 1986). Mr. Arnold shall bring to the deposition all records, notes, memoranda, files, and documents (including personal notes and documents) in his possession or subject to his custody or control that relate to: (i) any of the matters set forth in 112-5 of the 8703250153 870319 PDR ADOCK 05000320 i C PDR

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,j l attachment to this notice; and (ii) the consideration, investigation, evaluation, or resolution by Bechtel or GPU Nuclear, Inc. of any of the safety concerns or claims of harassment, intimidation, discrimination, or  ;

threat of reprisal raised by Richard Parks in his affidavit of March 21, 1983.

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/ MYAf Gry;ory p Tan T 3erry HD' r fu;C Staff Counsel (fr Dated at Bethesda, Maryland this 19th day of March,1987

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• ALJ 8/13/86 UNITED STATES OF AMERICA .

NUCLEAR REGULATORY COMMISSION ,

ADMINISTRATIVE LAW JUDGE i Ivan W. Smith .

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In the Matter of I h Docket No. 50-320 NC

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General Public Utilities Nuclear i

' . ' License No. DPR-73 '

Corporation ll EA 84-137 ll [ASLBPNo. 86-534-01-OL]

(Three Mile Island, Unit No. 2) ,

1 (Civil Penalty) ,

August 13, 1986

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4- MEMORANDUM AND ORDER FOLLOWING FREHEARING CONFTRENCE Counsel for General Public Utilities and Counsel for the NRC Staff joined e.e in a prehearing conference at Bethesda, Maryland on July 30, 1986. ,

Discovery is authorized to begin imediately. The parties and I have agreed that discovery may be had under the following broaJ issues:

1. k'hether the NRC is barred from ieposing a civil penalty in this proceeding'due to the dismissal with prejudice of the Department of' Labor proceedings charging discrimination against Parks. -

2. khether Parks' replacement as Alternate Startup and Test Supervisor on February 23, 1983 constituted retaliation against

. Parks contrary to 10 CFR l 50.7.

3. Whether Parks' interview by Messrs. Hofmann and k' heeler on March 14, 1983 constituted retaliation against Parks contrary to 4 10 CFR 5 50.7.

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) 4 Whether Parks' renoval as the primary Site Operations .

t Department representative on the Test Working Group for the polar' 1 crane project on March 17,1983 was involuntary and, if so, whether

- it constituted retaliation agt. inst Parks contrary to 10 CFR I 50.7. -

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5. Whether Parks' placement on~1 eave of absence with pay on

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< March 24,1S83 censtituted retalistion against Parks contrary to

- I 20 CFR i 50.7.

6. Basedonresobtionoftheissues(1)-(5)above:

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a. whether Licensee violated NRC requirements as set .

. forth in the Notice of Violation and Proposed Imposition of Civil Penalty issued on August.12,1985; and

b. whether, on the basis of such violation, the March 4, 1956 Order Irposing Civil Penalty should be sustained.

Discovery, including answers to discovery requests, should be cc pleted by February 1,1987.

The parties should prepare for an evidentiary hearing in the Spring of 1987. Further prehearing requirements will be addressed in subsequent orders. <

84 l h an W. Smith ADMINISTRATIVE LAW JUDGE Eethesda, Maryland ,l l August 13, 1986 .

I-DOCKETED USNRC UNITED STATES OF AMERICA NUCLEAR REOULATORY COMMISSION '87 11AR 23 P3 :18 BEFORE THE ADMINISTRATIVE LAW JUDGE 6FFICE Of MCBt itJY 00CKEllNG t M RVICf.

BRANCH

'In the Matter of )

) Docket No. 50-320 GPU NUCLEAR CORPORATIO!? ) (Civil Penalty)

) License No. DPR-73 (Three Mile Island Nuclear Station ) EA 84-137 Unit No. 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of " NOTICE OF DEPOSITION OF JOIIN J. BARTON" and " NOTICE OF DEPOSITION OF ROBERT C. ARNOLD" in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or, as indicated by an arterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, this 19th day of March,1987.

• Ivan W. Smith, Esq. Ernest L. Blake, Jr.

Administrative Law Judge Shaw, Pittman, Potts & Trowbridge Atomic Safety and Licensing Board 2300 N Street, NW U.S. Nuclear Regulatory Commission Washington, DC 20037 Washington, DC 20555

" Atomic Safety and Licensing Steven L. Heck, Esq. >

Appeal Board Thelen, Marrin, Johnson, Drfdges U.S. Nuclear Regulatory Commission 2 Embarcadero Center Washington, DC 20555 San Francisco, CA 94111

• Docketing and Service Section Office of the Secretary U.S. Nuclear Regulatory Comriission

. Washington, DC 20555

) / 1 Greitory /p in Ile Fry 7 Counsel fpr NR@ Staff V

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