ML20207G619

Informs That Hearing Held on 880801 to Resolve Three Issues, Including Petition Filed by Attys Representing Alabama Power Co Employees to Quash/Modify Subpoenas Issued by Nrc.Motion Denied.Protective Order Encl

ML20207G619
Person / Time
Site:	Farley
Issue date:	08/15/1988
From:	Zech L NRC COMMISSION (OCM)
To:	Sharp P HOUSE OF REP., ENERGY & COMMERCE
References
NUDOCS 8808240180
Download: ML20207G619 (5)

Text

a r

/p*

• Muq'o, UNITED cTATES

!Y..'

j,5 NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 gj(

,l August 15, 1988 CHAIRMAN i

s I

j The Honorable Philip Sharp, Chairman Subccmmittee on Energy and Power Committee on Energy and Commerce United States House of Representatives j

Washington, D. C. 20515

Dear Mr. Chairman:

In my letter of May 16, 1988, I assured you that the Commission would keep you informed on the status of t;ie investigation pertaining to +Fe J_oseph M.

Farlev Nuclear Plant.

On August 1, 1988, a hearing was held before Judge Truman Hobbs, l

l U. S. District Court for the Middle District of Alabama, l

Southern Division, Montgomery, Alabama, to resolve three l

issues, including a petition filed by the attorneys repre-l senting the Alabama Power Company employees to quash / modify l

l subpoenas issued by the NRC.

The motion to quash was denied by Judga Hobbs, and the Office of Investigations will proceed with the interviews of the Alabama Power. Company employees under the guidelines established by the Order.

A copy of the j

Order is enclosed.

j Sincerebj, Owu tu.

k.

l I

Lando W. Ze

, Jr.

Enclosure:

As Stated cc: Rep. Carlos J. Moorhead

'O OP'%

8808240180 -< f grn15 DR ADocg n o34g PDC

AUG 2

58 13:31 PAGE.02 p1 LED IN THE UNITED STATES DISTRICT COURT

' FOR THE MIDDLE DISTRICT OF ALABAMA M

gg n Ab3

,*,M11:05 SOUTHERN DIVISION gg, gg THOMAS

-~

"fj,NITEDST.ATESy0FAMERICA 0%

U

)

,,,i Y C

c.: e..Phti,tioner

)

l CIVIL ACTION NO. 88-H-682-S y,,

)

RICHARD C. BLOOM: et al

)

Respondents

)

l PROTECTIVE __ ORDER

}

A hearing was held on August 1,1988 to consider (1) l I

respondents' petition to quash / modify the United States' subpoenas, (2) Alabama Power Company and eighteen of its i

l l

employees' motion to intervene, and (3) the plaintiff's motion for a protective order to prevent the taking of Ben l

Hayes' deposition.

3ased on the briefs and arguments made at the hearing, the Cone ORDERS the following

~

1.

NEWS LEAKS The Nuclear Regulatory Commission stated at the hearing that it is conducting a nonpublic investigation concerning the Parley Plant, The operator of the facility, Alabama Power Company, is concerned about one-sided leaks to the media which do not fairly represent the facts.

Considering the Government's insistence that this is a nonpublic investigation, employees of the Nuclear Regulatory Commission and the attorneys who represent the NRC shall use reasonable means to prevent disclosures of information

AuG~ 2 ee 13:32

~

esut.es arising from this nonpublic investigation before the j

investigation is finished.

2.

SUBPOENAS The NRC is permitted to subpoena respondents for questioning.

At the hearing the Government set out the parameters of the questioning - the alleged falsificLtion of records. The Government attorneys are directed to communicate the paramcters, as discussed at the hearit.g, to the investigators who will conduct the questioning. Thus, respondents' motion to quash the subpoena is denied, and J

their motion to modify is granted as set out more fully in this order.

Only the respondents' independent attorneys, Thomas Ci..istian and Benr e ct Pugh, will be permitted to attend the questioning.

24e proposed intervenors and their attorneys shall not attend the questioning.

3.

TPANSCR2 PTS _

Within ten days after the court reporter has finished preparing the transcripts of the questioning of respondents, the United States chall give each respondent a transcript of his or her testimony in the recorded investigation.

j The Nuclear Regulatory Commission, its employees, its investigators, and its attorneys, shall not disclose, give, release, copy, or communicate the contents of the transcripts to anyone other than to each person receiving his or her own transcript.

The respondents' attorneys shall also be under the same l

l requirements of complete nondisclosure.

i 1

1.

1 nuo u

oo.

.wm

.. ~......

Finally, tha respondents themselves shall not copy or distribute their transcripts to anyone.

j i

4.

RECORDINGS OF OTHER INTERVIEWS If any recordings or transcripts of' interviews conducted by employees of NRC after the eleven respondents retained counsel exist, the NRC shall give a copy to the respondents with the came conditions as set out under "Transcripts."

At the hearing, the Government acceded to this request of respondents.

5.

MEMORANDUM The Government agreed at the hearing to turn over to respondents the memorandum that columnist Jack Anderson referenced in his column of March 17, 1988 described as the 1

semorandum "written by NRC investigator Robert H. Burch in 1

June 1986..."

The conditions of who may see this memo are the same as set out under "Transcripts."

In addition, respondents themselves shall not disclose in any manner the i

contents of the memorandum.

The Court denies Alabama Power Company's oral motion to conduct an evidentiary hearing on the scope of the NRC's questioning.

The Court also denies respondents' motion for leave to depose Ben !! ayes.

The Court realizes that this i

l investigation has gotten off. course.

It is the lourt's i

desire that the questioning of respondents occur in an expeditious manner.

Hnpnfully, all the periphorgi prgblems are now resolved and the NRC can properly investigate j

WU6 ~ d ' WW 1 3'I J J

~

PHbt.U3 I

whether any problems exist at the Farley Nuclear Power Plant in such a manner as to finish the investigation as soon as possible if no problems are found.

The motion to intervene filed by the Alabama Power Company and certain of its employees is hereby denied.

The court retaino jurisdiet.ica until further order-of this Court.

It will be the responsibility of the United States' attorneys to apprise NRC employees of the requirements of this order.

DONE this 2nd day of August, 1 IAl%tuu, mms /

UNITED STATES DISTRICT JUDGE l

l t

t -... -.

. -, _.. _,. _ _ _...... ~ _ _. _ _., _.. _.. -.. -, _ _ _ _ _ _ _..., _ _ _ _ _ _. _ _. _. -. _ _ - _. _.., _. _.. _ ~... ~.. _ _ _ _..... _