ML20206F805

Subpoena Directing J Macktal to Appear in Arlington,Tx for Purpose of Testifying Before Region IV to Provide Info & Documents Re Significant Safety Concerns at Facilities

ML20206F805
Person / Time
Site:	Comanche Peak
Issue date:	02/28/1986
From:	Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Macktal J AFFILIATION NOT ASSIGNED
Shared Package
ML20206F590	List: ML20206F585 ML20206F643 ML20206F685 ML20206F701 ML20206F721 ML20206F727 ML20206F743 ML20206F769 ML20206F791 ML20206F794 ML20206F805
References
FOIA-86-157, FOIA-86-A-44 NUDOCS 8606240591
Download: ML20206F805 (4)

Text

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NUCLEAR REGULATORY COMMISSION 0

In the matter of: TEXAS UTILITIES ELECTRIC '

COMPANY, et al.

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> DOCKET NO. 50-445 50-446 TO I YOU ARE HEREBY COMMANDED to app-ar at Suite 1000, 611 Ryan Plaza Drive. U. S. Nuclear Regulatory Commission Reaion IV.

Office of the Allegation Coordinator in the city of Arlinoton. Texas on the day of February 19_.66_ at 9:00 0' clock

.lL_M. for the purpose of testifying before Region IV personnel to provide l information and to produce whatever documents you may have concerning what you have characterized as significant safety concerns at Comanche Peak Steam Electric Station.

Robert D. Martin Regional Administrator, Region IV ArrORNEY FOR Recion IV Not-lear Regulatory Februarv ,19 86 Lf 4114 mm I R mwn E

TEIIPHONE 817-860-8271 On motion made promptly, and in any event at or before the time specified in the subpoena f3r compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, i cr (2) condition denial of the motion on just and reasonable tems. Such motion should l be directed to the Secretary of the Comission, Washington, D.C. 20555.  !

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...** FEg 191986 1

Mr. Thomas E. Carpenter Citizens Clinic Director Government Accountability Project 155 Connecticut Avenue, N. W., Suite 202 Washington, D.C. 20036

Dear Mr. Carpenter:

I am in receipt cf your February 3,1986 letter directed to me. In that let-ter, you recount certain efforts on the part of the NRC to' attempt to inter-view Mr. Joe Macktal, a. former foreman electrician at the Comanche Peak Nuclear Power Plant Project, concerning potential safety concerns of which he claims he is aware. You note in your letter that a scheduled meeting between the NRC and Mr. Macktal was cancelled by you based upon your view that this matter could not be properly handled by Region IV of the Nuclear Regu-latory Commission. You requested in your letter that I take immediate action to arrange for primary responsibility for Mr. Macktal's interview and the sub- I sequent investigation of the issues he raises to be handled by the Comanche 3 Peak Technical Review Team rather than Region IV. You further note that y you will not advise Mr. Macktal to make disclosures to Region IV and that GAP does not plan to prepare or provide the NRC with an affidavit of the concerns of Mr. Macktal.

The Comanche Peak Nuclear Power Plant Project is within the jurisdiction of Region IV and that Region is the appropriate forum to review the concerns of

t. Mr. Macktal. I have confidence that Region IV will properly pursue this mat-ter. I have been in contact with Mr. Robert D. Martin, Regional Administra-tor for Region IV, and he assures me that his staff is ready, willing and able to meet with Mr. Macktal and to commit the resources required to appropriate-ly resolve issues which an interview with Mr. Macktal might raise.

With regard to the matter of Mr. Macktal, the NRC sought his address follow-ing your cancellation of the meeting in order to send a letter to him, with a copy to your organization. The purpose of the letter was to seek Mr.

Macktal's cooperation in providing to the Commission his safety concerns.

Your letter suggests such an action was inappropriate given GAP's involve-i ment in this matter. I disagree. .It is appropriate for the NRC to deal di-t rectly with Mr.~Macktal in the absence of a cleai statement that Mr. Macktal

, is represented by an attorney.

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• s It is Pty understanding th'at Region IV will contact Mr. Macktal to arr'ange for an informal interview. In: the event' that an informal. interview can not be '

arranged a't the Region IV ' offices, I ami recommending to the Commission the issuance of a subpoena to Mr; Macktal compelling his attendance at Region IV offices. Any - further communications you may~ have regarding this matter should be directed to Mr. Martin in Region IV.

Yours truly.

.. Original signed by, yictor Stello Victor Stello, Jr.

Acting Executive Director for Operations d

Mr .

cc:M. / Joe Macktal1 Ms. Billie Pirner Garde, Director Environmental Whistleblower Project Trial Lawyers for Public Justice, PC Suite 611, 2000 P Street, N.W.

Washington., D.C. 20036

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