ML20206J687
| ML20206J687 | |
| Person / Time | |
|---|---|
| Site: | 05508347 |
| Issue date: | 11/17/1988 |
| From: | Johari Moore NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | ACOSTA, M.P. |
| References | |
| CON-#488-7542 TAC-68699, TAC-68700, NUDOCS 8811290077 | |
| Download: ML20206J687 (10) | |
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f CCCKETED llNITED STATES OF AMERICA uwC NilCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD 88 tal 22 All 55 In the Matter of I
MAURICE P. ACOSTA, JR.
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Doc';et No. 55-08347 Operator Licerse No. 6010-2 NRC STAFF'S FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Pursuant ts 10 C.F.R. 55 2.740b snd 2.741, the NRC staff (Staff) hereby requests that Maurice P. Accste, Jr. respond to the followire interrogatories, and produce for inspection and copying the documents requested below.
Each interrogatory shall be answered separately and fully, in writing, and under oath or affirmation and shall include all pertinent information available to Mr. Acosta, his advisors, representatives, or ccunsel, based upon the personal knowledge of the person answering. The productim of the documents requested hereir shall take place at the Hearing Division, Ufice of General Counsel, Nuclear Regulatory Comission,11555 Rockville Pike, Room 15-B-18, Rockville Maryland, unless other arrangements are made, by agreement, in this regard.
Pursuant to 10 C.F.R. li 2.740b and 2.710. Mr. Acosta's response is due nineteen (19) days from the date of these interrogatories. Mr. Acosta must produce the documents requested in accordance with the provisions of 10 C.F.R. $ 2.741.
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INSTRUCTIONS 1.
To the extent that W Acosta does not have specific, complete, and accurate information with which to answer any interrogatory, he should so state, and the interrogatory should be answered to the extent information is available, identifying each person who is believed to have accurate information with respect to each inte'rrogatory response. Where exact information is not available, estimated informetion should be supplied; the answer should state that the informatirn is an estimate and the basis on which the estimate was made. Where appropriate, the upper and lower boundaries of the estimate should be given.
2.
Each interrogatory shall be deemed to be continnico, and Mr. Acosta is requested to supplement answers with additional facts, documents, information, and names of witnesses which become know.. in accordance with i 2.740(e)(1) and (2) of the NRC's Rules of Practice.
3.
Wherever appropriate, the masculine form of a word shall he interpreted as feminine, and vice vers, so as to bring within the scope of these discovery requests any information that might otherwise be construed to be outside their scope.
4.
Please produce each document requested in the fonn a-d condition in which it exists on the date of service of this request, including all coments, notes, remarks, and other material that may have been added to the document after its initial preparation.
5.
If Mr. Acosta objects to or claims a privilege (attorney-client, work product, or other) with res act to eny interrogatory or document request, in whole or in part, pi m ? Set forth all rea;ons and the underlying factual basis for the objection or clifx of privilege in sufficient detail l
to pennit the Licensing Board to determine the validity of the objection or claim of privilege. This description by Mr. Acosta should include with respect to any document:
(a) author, addressor, addressee, and recipients of copies together with their job titles; (b) date of preparation; (c) subject n:atter; and (d) purpose for which the document was prepartd; (e) all persons to whom distributed, shown, or explained; (f) present custodian; (g) all persons believed to have a copy of the document; and (h) the nature of the privilege or objection 1sserted.
6.
For any document or part of a document that was at one time, but is no Innger, in Mr. Acosta's possession, custody, or control, or which is no L J r in existence, or which cannot be located or produced, identify the document, state where and how it passed out of existence or why it can no longer be located and the reasons therefore, and identify each person having knowledge concerning such disposition or loss and the contents of the document.
DEFINITIONS AND GUIDELINES TO BE USED IN RESPONDING TO THIS REQUEST 1.
The word "document" as used herein shall mean any written matter, whether produced, reproduced or stored on paper, cards, tapes, disks, belts, charts, film, computer storage devices or any other medium and shall include, without limitation, matter in form of books, reports, studies, statements, speeches, notebooks, egreements, appointrient u
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. s calendars, working papers, manuals, memoranda, notes, procedures, orders, instructionst directions, training materials, records, correspondence, diaries,.olans, diagrams, drawings, periodicals, lists, telephone logs, minutes, photographs,'and any publisned materiais and shall also include, wit.hout limitation, originals, copies (with or without notes or changes thereon) and drafts.
2.
The word "communication" shall mean correspondence, contact, discussion, or any other kind of written or oral exchange between two or more persons or entities including, but not limited to, all telephone conversations, face-to-face meetings or conventions, visits, conferences, internal and external discussions, and exchange of a document or documerts.
3.
The Staff requests that documents produced in compliance with this request be accompanied with an indication by number as to the particular interrogatory to which the document relates.
4 "Mr. Acosta" means in the context of this discovery request any agent, employee, consultant, contractor, technical advisor, representative acting for or on behalf of Mr. Acosta or at his direction and control, or in concert with or assisting him.
5.
"Contractor" means any person, not affiliated with SCE, who performed work en behalf of SCE and/or pursuant to a contract with SCE.
6.
"Identify" when ust.d in reference to a person means to set forth the following:
(a) his name; (b) his last known residential address;
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(c) his last known business address; (d) his last employer; (e) his title or position; r
(f) his area of responsibility; and (g) his business, professional, or other relationship with Mr. Acosta.
7.
"Identify" when used in reference to a corporation or other entity that is not a person shall mean to set forth the following:
(a) the full name of the entity including its legal name and any assumed or trade names under which it transacts or has transacted business; (b) the nature or fonn of the entity if known; (c) the address of its principal place of business or the principal place where the entity is to be found; (d) whether Mr. Acosta has or has had a relationship or affiliation with the entity its affiliates or subsidiaries, and, if so, a description of such relationship.
8.
"Identify" when used in reference to a document shall mean to set forth the following:
(a) its title; (b) its subject matter; (c) its date; (d) its author; (e) its addressee; (f) its file designation or other identifying designation; and
O s (g) its present location and present custodian.
9.
"Identify" with respect to a contact or comunication shall set forth the following:
(a) the date of the comunications; (b) the place of the making and place of receipt of the comunication; (c) the type and means of comunication; (d) the substance of the communication; (e) each person making a comunication, and his location at the time the comunication was made; (f) each person to whom tie coamur..sotion was r.aoe, and his location at the time the comunication was made; I
(g) all other persons present during, participating in, or receiving the comunication and the location of each such person at the time; (h) each document concerning such communication; and (1) each document upon which the comunication is based or which is referred to in the communication.
INTERROGATORIES 1.
State the full name, business address and telephone number of any person Mr. Acosta presently intends to call as a witness in this proceeding.
2.
With respect to any person listed in response to Interrogatories 1 above state the following:
(a) details of that person's education;
. s (b) employment history; (c) asserted area of expertise; and (d) the subject of that persons testimony.
3.
State the full title and/or other identifying infomation of any documents Mr. Acosta; intends to rely on in this proceeding.
4.
As to each document listed in response to Interrogatory 3 above, state rhether or not Mr. Acosta intends to seek to move cach such document into the record as evidence in this proceeding.
5.
As to each document listed in response to Interrogatory 4 above, state what fact or opinion Mr. Acosta intends to establish if the document is admitted into evidence.
6.
When did Mr. Acosta first become aware of Southern California Edison's (SCE) policy against the use of illegal drugs.
7.
By what meert was Mr. Acosta made aware of this policy?
8.
Identify all documents used by SCE to make Mr. Acosta aware of this policy.
9.
What were the cutoff levels for marijuana for the initial screening and confimatory tests used by SCE at the time. of each of Mr. Acosta's positive test results? Identify all documents which form the basis of this response.
- 10. What cutoff levels does Mr. Acosta contend should be used for the initial screening and confirmatory drug tests? Identify all documents which fonn the basis of this response.
- 11. What cutoff levels does Mr. Acosta contend would be sufficient to avoid positive test results frem passive inhalation of marijuana?
Identify all documents which fonn the basis for this response.
. 6 12.
Does Mr. Acosta allege that his three positive tests were due to passive inhalation?
13.
If Mr. Acosta's response to Interrogatory 12 is yes, describe the facts underlying that response.
- 14. Has Mr. Acosta completed any medical or psychological evaluations performed by SCE or its contractors?
15.
Describe the results of any such evaluations which relate to Mr.
Acosta's use of or propensity to use drugs.
Identify all documents which form the basis for this response.
16 Describe the rehabilitation or other drug related treatmsnt Mr.
Acosta underwent during the period of his suspension.
(a)
If this treatment program consisted of lectures or other group activities, describe the nature of these activities and the subjects covered during these activities.
(b) Describe the events which would take place during a day in the treatment facility.
- 17. Describe the nature and status of the grievances Mr. Acosta has filed concerning the validity of his test results.
Identify all documents which form the basis of this response.
- 18. After each of Mr. Acosta's positive drug tests (3/86, 5/86 and 5/88) what actions were taken by SCE?
- 19. After each of these positive tests did Mr. Acosta receive any counseling by employees or contractors of SCE? De>cribe the counseling and identify any documents which fom the basis of this response.
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-9 20.
Identify any crel or written canmunications Mr. Acosta received from or made to SCE regarding their actions after each of his positive drug tests.
?!.
Does Mr. Acosta intend to introduce evidence that marijuana is not an impairing substance? State the nature of this evidence, e.g. testimony of witnesses or documentary evidence.
Identify any witnesses and all documents which form the basis for this response.
REQUEST FOR PRODUCTION OF DOCUMENTS 1.
Please produce all documents identified in response to Interrogatories 1-20.
Sincerely, dbLlbk MN Janice E. Moore Counsel for hRe taff Dated at Rockville, Maryland this 17th day of November, 1988
i cl*i1E0 UNITED STATES OF AMERICA
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NUCLEAR REGULATORY COP 911SSION BEFORE THE ATONIC SAFETY AND LICENSING BOARD EEN b
In the Matter of
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MAURICE P. ACOSTA, JR.
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Docket No. 55-08347 Operator License No. 6010-2 i
CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S FIRST SET OF INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS" 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 asterisk through deposit in the Nuclear Regulatory Comission's interral mail system, this 17th day of November,1988:
B.. Paul Cotter, Jr., Chairman
- Atomic Safety Licensing Appeal Atomic Safety and Licensing Board Panel
- Panel U.S. Nuclear Regulatory Comission U.S. Nuclear Regulatory Consission Washington, D.C.
20555 1
Washington, D.C.
20555 Adjudicatory File
- Dr. Harry Foreman Atomic Safety and Licensing Board i
1564 Burton Avenue Panel Docket St. Paul, Minnesota 55108 U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Dr. Kenneth A. McCollum 1107 West Knapp Street Docket and Service Section*
Still Water, Oklahoma 74075 Office of the Secretary U. S. Nuclear Regulatory Connission Mr. Maurice P. Acosta, Jr.
Washington, D.C.
20555 9
193 Santa Maria Court Vista, California 92083 Michael B. Blume*
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U.S. Nuclear Regulatory Commission Charles R. Kocher, Esq.
Regional Counsel, Region Y James A. Beoletto, Esq.
1450 Maria Lane, Suite 210 Southern California Edison, Co.
Walnut Creek, CA 94596 l
2244 Walnut Grove Avenue t
Rosemad, California 91770 Atomic Safety and Licensing Board
- U.S. Nuclear Regulatory Commission Washington, D.C.
20555 4
MLLAD Q M reih danice E. Moure Counsel for NRC Staff i
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