ML20209G168

First Request for Production of Documents Identified in NRC Responses to Listed Interrogatories,Including Interrogatory 1(e) Re Protected Activity Engaged in by Parks Resulting in Alleged Discrimination Against Parks.W/Certificate of Svc

ML20209G168
Person / Time
Site:	Three Mile Island
Issue date:	09/04/1986
From:	Jim Hickey GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:	NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#386-658 86-534-01-OL, 86-534-1-OL, CIV-PEN, EA-84-137, NUDOCS 8609120383
Download: ML20209G168 (14)

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. . t;syv UNITED STATES OF AMERICA 00}gE{ED p

NUCLEAR REGULATORY COMMISSION 16 591' R2:h5 BEFORE THE ADMINISTRATIVE LAW JUDGE Docket No. 50-320i,ElRE'I8EN' In the Matter of )

) License No. DPR-73 00c y GPU NUCLEAR CORPORATION ) EA 84-137 (Three Mile Island Nuclear ) [ASLBP No. 86-534-01-OL] .-

Station, Unit No. 2) ) (Civil Penalty)

GPU NUCLEAR CORPORATION'S FIRST REQUEST FOR

' PRODUCTION OF DOCUMENTS Pursuant to 10 CFR 5 2.744, GPU Nuclear Corporation ("GPUN")

requests that the Nuclear Regulatory Commission staff respond to the following request for production of documents. GPUN requests that the documents specified below be made available for inspec-tion and copying by GPUN's counsel within 30 days from the ser-vice of this request.

INSTRUCTIONS AND DEFINITIONS A. " Document" includes any written, recorded or graphic matter, however produced or reproduced, of every kind and regard-less of where located, including but not limited to any summary, schedule, memorandum, note, statement, letter, telegram, in-teroffice communication, report, diary, desk or pocket calendar or notebook, daybook, appointment book, pamphlet, periodical, work sheet, cost sheet, list, graph, chart, index, tape, record, partial or complete report of telephone or oral conversation, compi lation , tabulation, study, analysis, transcript, minutes, 8609120393 860904 PDR ADOCK 05000320 PDR hfg] G

T and all other memorials of any conversations, meetings and con-ferences, by telephone or otherwise, and any other writing or re-cording which is in the possession, custody or control of the Nuclear Regulatory Commission or any of its officials, employees, representatives, attorneys, investigators or others acting on its behalf.

B. If you claim that any document which is required to be produced by you in response to any of these requests is privi-leged or otherwise immune from discovery:

1. Identify its title and general subject matter;

2. State its date;

3. Identify its author (s);

4. Identify the person (s) for whom it was prepared or to whom it ,

was sent;

5. Identify all persons who received copies;

6. State the nature of the privilege or immunity claimed; and

7. State in detail each and every fact upon which you base your claim of privilege or immunity.

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REQUESTS FOR PRODUCTION All documents identified, or the identities of which are re-quested, in your answers to the following interrogatories pro-pounded by GPUN (first set):

1. Interrogatory No. 1(e) (i.e., all documents evidencing, referring or relating to each alleged " protected activity" engaged in by Parks which you contend resulted in discrimination against Parks);

2. Interrogatory No. 3(c) (i.e., all documents evidencing, referring or relating to discriminatory motives of GPUN or Bechtel employees in connection with Parks' re-

/ moval as Alternate Startup and Test Supervisor);

3. Interrogatory No. 5(b) (i.e., all documents evidencing, referring or relating to whether Parks' removal as Alternate Startup and Test Supervisor was an adverse ac-tion relating to " compensation, terms, conditions, and priv-ileges of employment" as those terms are used in the second sentence of 10 C.F.R. 5 50.7);

4. Interrogatory No. 6(b) (i.e., all other documents upon which you base your contention that Parks' removal as Alternate Startup and Test Supervisor constituted discrimi-nation against Parks contrary to 10 C.F.R. 5 50.7);

5. Interrogatory No. 8(c) (i.e., all documents evidencing, referring or relating to discriminatory motives of GPUN or Bechtel employees in connection with Parks' in-terview by Messrs. Hofmann and Wheeler on March 14, 1983);

6. Interrogatory No. 10(b) (i.e., all documents evidencing, referring or relating to whether Parks' inter-view by Messrs. Hofmann and Wheeler on March 14, 1983 was an adverse action relating to " compensation, terms, conditions, and privileges of employment" as those terms are used in the second sentence of 10 C.F.R. S 50.7);

7. Interrogatory No, ll(b) (i.e., all other documents v

upon which you base your contention that Parks' interview by Messrs. Hofmann and Wheeler on March 14, 1983 constituted discrimination against Parks contrary to 10 C.F.R. S 50.7);

8. Interrogatory No. 13(c) (i.e., all documents evidencing, referring or relating to whether Parks was in-voluntarily removed as the primary Site Operations Depart-ment representative on the Test Working Group for the Polar Crane Project on March 17, 1983);

9. Interrogatory No. 15(c) (i.e., all documents evidencing, referring or relating to discriminatory motives of GPUN or Bechtel employees in connection with Parks' re-moval as the primary Site Operations Department representa-tive on the Test Working Group for the Polar Crane Project on March 17, 1983);

10. Interrogatory No. 17(b) (i.e., all documents relating to whether Parks' removal as the primary Site l

l Operations Department representative on the Test Working Group for the Polar Crane Project on March 17, 1983 was an adverse action relating to " compensation, terms, conditions and privileges of employment" as those terms are used in the second sentence of 10 C.F.R. S 50.7);

11. Interrogatory No. 18(b) (i.e., all other docu-ments upon which you base your contention that Parks' remov-al ac the primary Site Operations Department representative on the Test Working Group for the Polar Crane Project on March 17, 1983 constituted discrimination against Parks con-trary to 10 C.F.R. S 50.7);

12. Interrogatory No. 20(c) (i.e., all documents evidencing, referring or relating to discriminatory motives of GPUN or Bechtel employees in connection with Parks' placement on leave of absence with pay on March 24, 1983);

13. Interrogatory No. 22(b) (i.e., all documents relating to whether Parks' placement on leave of absence with pay on March 24, 1983 was an adverse action relating to

" compensation, terms, conditions, and privileges of employ-ment" as those terms are used in the second sentence of 10 C.F.R. S 50.7);

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14. Interrogatory No. 23(b) (i.e., all other documents upon which you base your contention that Parks' placement on leave of absence with pay on March 24, 1983 constituted dis-crimination against Parks contrary to 10 C.F.R. S 50.7);

15. Interrogatory No. 37(d) (i.e., all documents re-ceived by the NRC from any person in the course of any in-vestigation of Parks' allegations of misconduct, misfeasance or malfeasance by the NRC at TMI);

16. Interrogatory No. 37(e) (i.e., all documents pre-pared by the NRC in the course of any investigation of Parks' allegations of misconduct, misfeasance or malfeasance by the NRC at TMI);

17. Interrogatory No. 39 (i.e., all documents evidencing, recording, transcribing, summarizing, referring or relating to oral communications between Parks and any NRC representative during the period September 1, 1982 through and including March 23, 1983);

18. Interrogatory No. 40 (i.e., all documents ,

constituting, comprising, referring or relating to written communications between Parks and any NRC representative dur-ing the period September 1, 1982 through and including March 23, 1983);

19. Interrogatory No. 42 (i.e., all documents evidencing, recording, transcribing, summarizing, referring or relating to oral communications between Parks and any NRC representative during the period March 24, 1983 through the date of your answers to these interrogatories, referring or relating in any way to Parks' allegations that he was dis-criminated against for engaging in protected activity at TMI);

20. Interrogatory No. 43 (i.e., all documents constituting, comprising, referring or relating to written communications between Parks and any NRC representative dur-ing the period March 24, 1983 through the date of your an-swers to these interrogatories, referring or relating in any way to Parks' allegations that he was discriminated against for engaging in protected activity at TMI);

21. Interrogatory No. 45 (i.e., all documents evidencing, recording, transcribing, summarizing, referring or relating to oral communications between Parks and any NRC representative during the period March 24, 1983 through the date of your answers to these interrogatories, referring or relating in any way to any allegation by Parks of engineer-ing, programmatic or other deficiencies at TMI);

22. Interrogatory No. 46 (i.e., all documents constituting, comprising, referring or relating to written communications between Parks and any NRC representative dur-ing the period March 24, 1983 through the date of your an-swers to these interrogatories, referring or relating in any l

way to allegations by Parks of engineering, programmatic or other deficiencies at TMI);

23. Interrogatory No. 48 (i.e., all documents evidencing, recording, transcribing, summarizing, referring j or relating to oral communications between any representa-1 j tives of the NRC and any persons representing or purporting i

. . - _ . _ _ _ - , . . , _ . . , . . . . , _ ..___..,,.,_..m_.. . _ , . _ , . . . .

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to represent Parks (including, but not limited to, represen-tatives of the Government Accountability Project or the law offices of Hoberg, Finger, Brown, Cox & Molligan] during the period March 24, 1983 through the date of your answers to these interrogatories, referring or relating in any way to Parks' allegations that he was discriminated against for en-gaging in protected conduct at TMI);

24. Interrogatory No. 49 (i.e., all documents constituting, comprising, referring or relating to written communications between any representatives of the NRC and any persons representing or purporting to represent Parks (including, but not limited to, representatives of the Gov-ernment Accountability Project or the law offices of Hoberg, Finger, Brown, Cox & Molligan] during the period March 24, 1983 through the date of your answers to these interrogato-ries, referring or relating in any way to Parks' allegations that he was discriminated against for engaging in protected conduct at TMI);

25. Interrogatory No. 51 (i.e., all documents evidencing, recording, transcribing, summarizing, referring or relating to oral conimunications between any representa-tives of the NRC and any persons representing or purporting to represent Parks (including, but not limited to, represen-tatives of the Government Accountability Project or the law offices of Hoberg, Finger, Brown, Cox & Molligan] during the

period March 24, 1983 through and including the date of your answers to these interrogatories, referring or relating in

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any way to allegations by Parks of engineering, programmatic or other deficiencies at TMI);

26. Interrogatory No. 52 (i.e., all documents constituting, comprising, referring or relating to written communications between any representatives of the NRC and any persons representing or purporting to represent Parks

[ including, but not limited to, representatives of the Gov-ernment Accountability Project or the law offices of Hoberg, Finger, Brown, Cox & Molligan] during the period March 24, 1983 through the date of your answers to these interrogato-ries, referring or relating in any way to allegations by Parks of engineering, programmatic or other deficiencies at TMI);

27. Interrogatory No. 54 (i.e., all documents evidencing, recording, transcribing, summarizing, referring or relating to oral communications between any representa-tive of the NRC and any persons representing or purporting to represent Parks [ including, but not limited to, the Gov-ernment Accountability Project} during the period September 1, 1982 through and including March 23, 1983, referring or relating in any way to Parks);

28. Interrogatory No. 55 (i.e., all documents constituting, comprising, referring or relating to written

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communications between any representatives of the NRC and any persons representing or purporting to represent Parks (including, but not limited to, the Government Accountabili-ty Project] during the period September 1, 1982 through and including March 23, 1983, referring or relating in any way to Parks);

29. Interrogatory No. 56(e) (i.e., all documents re-ceived by the Office of Investigations (OI) in the course of the OI investigation of Parks' allegation of discrimination, referred to in the August 12, 1985 letter from James R.

Taylor to P.R. Clark); ,

30. Interrogatory No. 56(f) (i.e., all documents pre-pared by OI during the course of the OI investigation of Parks' allegation of discrimination, referred to in the August 12, 1985 letter from James R. Taylor to P.R. Clark);

31. Interrogatory No. 58 (i.e., all documents evidencing, recording, transcribing, summarizing, referring or relating to oral communications between representatives of the NRC and representatives of Department of Labor (DOL) during the period March 24, 1983 through and including the

, date of your answers to these interrogatories, referring or relating in any way to Parks' allegations that he was dis-criminated against for engaging in protected conduct at i

TMI);

32. Interrogatory No. 59 (i.e., all documents constituting, comprising, referring or relating to written communications between representatives of the NRC and rep--

resentatives of DOL during the period March 24, 1983 through and including the date of your answers to these interrogato-ries, referring or relating in any way to Parks' allegations that he was discriminated against for engaging in protected conduct at TMI);

33. Interrogatory No. 61(d) (i.e., all documents constituting, comprising, recording, transcribing, summarizing, referrir.g or relating to statements by any per-sons other than Parks to any representatives of the NRC, in words or substance, orally or in writing, that Parks was discriminated against for engaging in protected activities at TMI);

34. Interrogatory No. 63(c) (i.e., all documents pre-pared by the NRC concerning any safety concern described in Parks' 56-page affidavit dated March 21, 1983, which safety concern the NRC or any representative thereof has concluded was valid);

35. Interrogatory No. 65(c) (i.e., all documents pre-pared by the NRC referring or relating to any safety concern described in Ps.rks' 56-page affidavit dated March 21, 1983, which safety concern the NRC or any representative thereof has concluded was invalid);

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36. Interrogatory No. 66 (i.e., all statements

[ including, but not limited to, depositions, affidavits, and statements to government employees or the news media} by 1

Parks, referring or relating to (a) Parks' allegations that he was discriminated against for engaging in protected ac-tivities at TMI, or (b) Parks' allegations of engineering, programmatic or other deficiencies at TMI);

37. Interrogatory No. 67(i.e._, excluding statements submitted to the NRC by GPUN, Bechtel and/or Edwin Stier, all witness statements [ including, but not limited to, depo-sitions, affidavits, and statements to government employees or the news medial referring or relating to (a) Parks' alle-gations that he was discriminated against for engaging in protected activities at TMI, or (b) Parks' allegations or engineering, programmatic or other deficiencies at TMI);

38. Interrogatory No. 69(e) (i.e., all documents constituting, recording, comprising, evidencing, referring or relating to alleged admissions of facts constituting a violation of 10 C.F.R. 5 50.7 with respect to Parks by any employees of GPUN or Bechtel).

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39. Interrogatory No. 71 (i.e., all documents not identified elsewhere in the Interrogatory responses used in preparing said responses).

Dated: SeptemberL__h1986 SHAW, PITTMAN, POTTS & TROWBRIDGE r

By \ _

s't L . Blake, P.C.

Ern(katrick J. Hickey, P.

Counsel for GPU Nuclear Corporation f

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00LKEILP UNITED STATES OF AMERICA USW C NUCLEAR REGULATORY COMMISSION BeforetheAdministrativeLahbdhhe11 J In the Matter of -

) Doghgt tNoxu503320

) LiOGQvisehWo.SiDPRL73 GPU Nuclear Coprortion ) EA 84-I$ihC"

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(Three Mile Island, Unit 2) )

CERTIFICATE OF SERVICE Trir is to certify that copies of the foregoing "GPU Nuclear Corport'.on's First Request for Production of Documents" were served by deposit in the United States Mail, First Class, postage prepaid, this 4th day of September, 1986, to the following per-sons:

Ivan Smith, Esquire Administrative Law Judge Atomic Safety and Licensing Board Panel U. S. Nuclear Regulatory Commission Washington, D, C. 20555 Docketing and Service Branch Office of the Secretary U. S. Nuclear Regulatory Commission Washington, D. C. 20555 George E. Johnson, Esquire Office of the General Counsel 9604 MNBB U. S. Nuclear Regulatory Commission Washington, D. C. 20555 q

J. Pgtrick Hickey S

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