ML20211N543
| ML20211N543 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/01/1986 |
| From: | Goldberg J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Bright G, Kelley J, Kline J Atomic Safety and Licensing Board Panel |
| References | |
| CON-#386-813 LRP, NUDOCS 8607030145 | |
| Download: ML20211N543 (4) | |
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UNITED STATES o,,
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WASHINoToN, D. C. 20555 July 1,1986 00CKETED USNRC
.W h -2 mi:57 James L. Kelley, Chairman Jerry R. Klin Presiding Boa hgC Of U.S. Nuclear Regu[h[SEcpg7wy Presiding Board 5E bg "V!Cf U.S. Nuclear Regulatory Commission Washington, DC 20555 Commission Washington, DC 20555 Glenn O. Bright Presiding Board U.S. Nuclear Regulatory Commission Washington, DC 20555 In the Matter of INQUIRY INTO THREE MILE ISLAND UNIT 2 LEAK RATE DATA FALSIFICATION Docket No. LRP
Dear Judges:
Enclosed for your information is a letter dated June 20, 1986 ' from Lawrence Lippe, Chief, General Litigation and' Legal' Advice Section, Criminal Division,
U.S. ' Department of Justice, to me and my letter of this date to James J. West, United States Attorney, Middle ~ District of Pennsylvania.
This correspondence is related to the Rule 6(e) issue pending with the Board.
Sincerely, l
1 ek R. Goldberg Acting Deputy Assistant General Counsel Enclosures : As stated cc w/ encl:
Leak Rate Proceeding Service List 8607030145 860701 PDR ADOCK 05000320 0
U.S. Dep:rtme;t cf Jusdce l
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20M 1986 Jack R. Goldberg Deputy Assistant Chief Hearing Counsel Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Re:
In the Matter of the 1980 Harrisburg Grand Jury (TMI)
Dear Mr. Goldberg:
This letter confirms our recent discussions concerning the above matter, during which I stated to you the Departme,nt's position that certain grand jury material was inadvertently disclosed.to the NRC by the FBI's*Harrisburg office.
The grand jury material consists of a one-page. cover sheet to an FBI polygraph report.
The cover sheet, which was prepared by the FBI, refers to matters which may have occurred before the above grand jury.
We are advised that following conclusion of the criminal action entitled United States v. Metropolithn Edison Company, the NRC requested that the Department of Justice release all non-grand jury material relating to TMI for use by the NRC' in connection with its own investigation into the TMI leak rate matter.
In response to such request, the FBI released to NRC investigators a polygraph report, an accompanying FBI 302 report, as well as other materials.
Unfortunately, the cover sheet to the polygraph report was inadvertently included with the non-grand jury materials released.
We request that the NRC make immediate, diligent efforts to collect all copies of the cover sneet in its possession, custody and control, and to promptly return all such copies to James J. West, United States Attorney, Middle District of Pennsylvania.
In addition, we request that the NRC not make any use or disclosure, for any purpose, of the information contained in the cover sheet.
Notwithstanding the inadvertent release of the cover sheet, it is the Department's position that release to the NRC of the polygraph report and the accompanying 302 report was l
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proper under the law and that the NRC may use such non-grand jury materials for any appropriate regulatory purpose.
Sincerely, LAWRENCE LIPPE, Chief General Litigation and Legal Advice Section Criminal Division By:
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74 11 Sta'n;.ey A. Roph' stein Senior Legal dvisor cc:
Hon' ora'ble James J. West United States Attorney Middle District of Pennsylvania Ben B.
Hayes, Director Office of Investigations U.S. Nuclear Regulatory Commission o
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UNITED STATES NUCLEAR REGULATORY COMMISSION g
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WASHINGTON, D. C. 20555
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July 1,1986 lionorable James J. West United States Attorney Middle District of Pennsylvania Federal Building 228 Walnut Street Harrisburg, PA 17101
Dear Mr. West:
As was requested by Mr. Lippe in his letter to me dated June 20,1986, I have asked the NRC's Director of the Office of Investigations and other appropriate NRC officials to make an immediate and diligent search for all copies of the referenced ~ document.
Enclosed herewith are al1 copies which have been located.
I have been informed that the NRC has not r'nade, a'nd will not make, any use of the referenced document and has not disclosed,- and will not disclose, to anyone the information contained in it.
Sin,cdrely, '
~
ack 'R. Goldberg Acting Deputy Assistant General Counsel
Enclosures:
As stated cc w/o encl:
Lawrence Lippe Stanley Rothstein Ben Hayes v
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