ML20207B603
| ML20207B603 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/14/1986 |
| From: | Herbein J AFFILIATION NOT ASSIGNED, ISHAM, LINCOLN & BEALE |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML20207B579 | List: |
| References | |
| 86-519-02-SP, 86-519-2-SP, LRP, NUDOCS 8607180126 | |
| Download: ML20207B603 (6) | |
Text
...
ws RELATED CORR Af I'I UNITED STATES OF AMERICA 40,*7 NUCLEAR REGULATORY COMMISSION E,
l
)
In the Matter of
)
)
Docket No. LRP INQUIRY INTO THREE MILE ISLAND
.)
ASLBP No. 86-519-02 SP UNIT 2 LEAK RATE DATA
)
FALSIFICATION
)
)
STATEMENT OF JOHN G.
HERBEIN IN SUPPORT OF HIS OBJECTION TO THE "NO ACCESS" RULE John G.
Herbein and Gary P. Miller have objected to the Board's proposed extension of the "no access" rule to witnesses testifying on individual responsibility issues.
In its Memorandum and Order dated June 24, 1986, the Presiding Board left open the question of whether parties would be allowed access to those witnesses and stated that any
" detailed statement of grounds" for the objection should be filed by July 14, 1986.
The Board also directed that any such filing should propose a " workable, non-harassing witness i
contact procedure."
Mr. Herbein submits this brief statement in support of his objection to application of the "no access" rule to witnesses testifying on individual responsibility issues.
Mr. Herbein appreciates the Board's rationale for the "no access" rule, particularly as it relates to the technical issues.
The witnesses " protected" by the rule will indeed be spared any inconvenience or harassment.
8607180126 860714 PDR ADOCK 05000320 G
PDR i
f
~ Nonetheless, very good reasons exist for allowing access to these witnesses, notably Mr. Stier, for discussion of indi-vidual responsibility issue's prior to their appearance j
before the Board.
I The individual responsibility issues are at the i
heart of this proceeding.
The "no access" rule impairs Mr.
Herbein's ability to develop an adequate record in two ways.
First, it limits'his ability to fully and adequately prepare i
prefiled testimony that will address issues that will be discussed by Mr. Stier.
Second, the rule makes it more j
difficult to propose questions to the Board for Mr.'Stier.
l In his report, Mr. Stier makes certain conclusions i
i regarding the individual responsibility.of numerous parties, including Mr. Herbein.
Undoubtedly, underlying his conclu-sions about Mr. Herbein are certain assumptions and under-standings about numerous conditions and events at TMI-2 i
j which are not included in Stier's written report.
Mr.
Stier's assumptions, both written and unwritten, will be the
' subject of both prefiled testimony and questions for Mr.
Stier suggested to the Board by the parties.
Since Mr.
l Herbein's prefiled testimony is due well'_in advance of Mr.
Stier's appearance, Mr. Stier's understandings or conclusions-not included in-his written report, but arising at the hearings, will be difficult.to address and develop in.prefiled testimony.
Similarly, it is difficult-to suggest questions
)
.I I
I to the Board that are designed to explore certain assump-tions when those assumptions are unknown or unclear to Mr.
Herbein.
This problem could be simply resolved by allowing parties to discuss particular issues of. individual respon-sibility with Mr. Stier prior to his appearance before the Board.
The co'ntact procedure need not be formal or complex.
Parties desiring to speak with a witness should simply
~
contact him and ask him when and where he may be available.
Any party contacting a witness should be well prepared and should conduct the discussion in an efficient, professional manner.
Parties shall request no documents from witnesses.
Witnesses will be under no obligation to meet or talk on,the telephone with any party or to answer any questions, and a witness may terminate a discussion at any time.
To ensure that the parties and the witnesses affected understand these conditions and conduct themselves in a professional manner, the Board may wish to-issue an order stating that no witness is under any obligation to speak with any party and that a witness may terminate any discussion at any time.
Mr. Herbein does not anticipate any problems with this procedure.
The conditions will simply require the parties to be courteous and professional.
Mr. Herbein recognizes that there is no guarantee that witnesses, including Mr. Stier, will agree to speak Q
with him or his counsel.
Nonetheless, Mr. Herbein believes that a rule that bars any attempt to discuss individual responsibility with Mr. Stier is a serious impairment to Mr.
Herbein's presentation to the Board.
Mr. Herbein urges the Board to allow the parties to speak with witnesses about individual responsibility issues under the terms and conditions i
set forth above.
Respectfully submitted, l
JOHN G. HERBEIN By-6f}?
- P"-
One of~his attorneys James B.
Burns Christopher W.
Flynn ISHAM, LINCOLN & BEALE Three First National Plaza Suite 5200 Chicago, Illinois 60602 (312) 558-7500 1
~
- s llELAIED GONHt brUMUEPtC$
hffE6 3'@
UNITED STATES OF AMERICA k f7 NUCLEAR REGULATORY COMMISSION
}
Ag In the Matter of
)
)
Docket No. LRP INQUIRY INTO THREE MILE ISLAND
)
ASLBP No. 86-519-02 SP UNIT 2 LEAK RATE DATA
)
FALSIFICATION
)
)
CERTIFICATE OF SERVICE I hereby certify that I have served copies of the attached Statement.of John G. Herbein in Support of his Objection to the "No Access" Rule by deposit in the United States mail, first clas:,, postage prepaid, to the following persons this 14th day of July, 1986:
Docketing and Service Branch U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge James L. Kelly, Chairman Atomic Safety and Licensing Board Panel U.S.
Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Glenn O. Bright Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Jerry R.
Kline Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, DC 20555 Jack R.
Goldberg, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, DC 20555 I
i Ernest L. Blake, Jr., Esq.
Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Washington, DC 20036 Michael W. Maupin, Esq.
Hunton & Williams P.O. Box 1535 Richmond, VA 23212 Ms. Marjorie M. Aamodt 200 North Church Street Parkesburg, PA 19365 Ms. Marjorie M. Aamodt.
P.O. Box 652 Lake Placid, NY 12946 Harry H. Voigt LeBoeuf, Lamb, Leiby & MacRae 1333 New Hampshire Ave., N.W.
Washington, DC 20036 Smith B.
Gephart, Esq.
Killiam & Gephart 216-218 Pine Street Box 886 Harrisburg, PA 17108 N
~
o
,1 Christopher W. Flynn
- __