ML20211Q022
| ML20211Q022 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/19/1983 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20197G036 | List: |
| References | |
| COMNP-83-11, NUDOCS 8607230474 | |
| Download: ML20211Q022 (1) | |
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. W*f September 19, 1983 CO:GP-8 3211
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SECRETARY MDIORANDUM FOR:
William J. Dir eks, Executive Director for Operations n'
FROM:
Samuel J. Chilk, Secr'etap ii OIA MEMO DATED AUGUST 'i6, 1983 ON
SUBJECT:
CONTACTS WITH THE DEPARTMENT OF JUSTICE -
k The Commission requests that you designate a member of your staff to provide the assistance requested by Mr. West on the
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. leak rate investigation.
Please coordinate with OIA.
cc:
Chairman Palladino Commissioner Gilinsky
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Commissioner Roberts Commissioner Asselstine Commissioner Bernthal OGC OIA OI EDO L
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MEMORAtDUM FOR:
Commissioner Gilinsky c,
Commissioner Roberts Commissioner Asselstine Commissioner Bernthal FROM:
tiunzio J. Palladino
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SUBJECT:
01A MEMO DATED AUGUST 16, 1983 Oli C0tiTACTS WITH THE DEPARTMEtiT OF JUSTICE 7.<
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as a result of the subject memo, that the EDO I suggest, cesignate a member of the tiRC staff to provide the
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assistance requested by Mr. West on the leak rate
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investigation.
I plan to address at a future management meeting the issue raised in the last paragraph cf the Cummings memo as well as the. general matter of interface with the Justice Department.
that SECY track responses to this memo, I request cc:
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August 16,19E3 y r; MEMCRA!;DUM FOR:
Chairman Palladino Ccmmissicner Gilinsky Ccr:issioner Roberts Co=nissioner Asselstine l
Commiss' ner Berntha & u <
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FROM:
M James
. Cu ngs, Di/ector U
office of Inspector and Accitor
SUBJECT:
CONTACTS WITH THE DEPARTMEriT OF JUSTICE The purpose of this temorandum i.s to infom the Commission of recent comcunications with the Department of Justice (D0J) concerning TMI-related litigation.
On August 8, 1983, the Office of inspector and Auditor (OIA) received a telephone call from Mr. James West, Assistant U. S. Attorney, Middle District of Pennsylvania, Harrisburg, Pennsylvania in response to my August 3, 1983, Mr. West requested additional information concerning tiRC's intention letter.
to release the NRC investigation report reporting the alleged material false statement made to NRC by GPU and which the NRC has proposed a $140,000 civil penal ty.
Arrangements were subsecuently made fer a conference call between Mr. West and appropriate NRC persennel on August 9,1983.
On August 9,1983, Mr. West was contacted by Jane Axeirad, Director, Enforcement Staff, IE.
Also participating in the call were:
James Leibeman, ELD; James Fit:: gerald, OGC; Roger Fortuna, OI; Hollis Bowers, DIA; and Albert Puglia, 01A.
Mr. West was advised that the NRC Comission '.cc decided to release the NRC ten request and appropriate investigation report to GPU upon receipt c' a
Justification.
In addition, the Commisti c
.c' nstructed the NRC staff to ad cise tha DCJ of its ir.tention to release the. ; ort.
West was also' inferred that failure to release the report to GPU was centrary to NRC's standard prccecure in such matters and would result in protracted litigation in the
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ai.isco be was pursair.g a criminal case anc a p '.stc :'.;r.i.as ar.;icirit;-d
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in the r.e>.t two to six conths and release of the report at this time could je:;arcize the prcsecuticn.
West, upon hearing the NRC rationale for CONTACT:
Hollis 50wers, 01A Albert Puglia, DIA 49-27170
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releasing the report, viewed the NRC action in the matter, as a gratuitous and West voluntary jesture and recommended the release of the report not occur.
also indicated.he would prepare a written recuest to the NRC formalizing his recuest.
On August 10, 1983, Mr. Jack Goldberg, NRC Attorney, ELD contacted Mr. West to advise him that he had been contacted by a private attorney, Mike McEride.
McBride represents Mr. James Floyd a Metropolitan Edison employee who may be a subject in the Grand Jury leak rate investigation at Harrisburg, Pennsylvania.
Golcterg advised West that Attorney McBride had expressed a desire to have information contained in the Faegren Benson Report and NUREG 09Ec put before the Grand Jury.
In addition, Attorney McBrice requested the NRC make available for interview NRC employees, Donald Haverkamp and the authors of NUREG 0986.
Mr. West indicated he did not want Attorney M: Bride talking to potential witnesses before he fully discussed the matter with him. Mr. West emphasized that any potential witness can talk to anycne but that as the government prosecutor in the case it is his desire that no cne interfere with the ability of potential Government witnesses to recall facts.
Mr. West expressed that he perceives significant problems being generated in developing a viable prosecution should these interviews occur.
Mr. West went on to say it is an NRC agency decision to allow its employees to be made available to McBride but as the D0J representative in the matter he reccmmends that it not be done. ~
Mr. West then requested a copy of NUREG 0986 which Mr. Goldberg agreed to furnish him.
In addition, Mr. West requested NRC's assistance in furnishing an NRC employee to assist him in developing the leak rate prosecution.
Mr. West requested an empioyee with a high degree of expertise in technical requirements sJrrounding leak rates, and NRC regulatory requirements, etc.
This individual would act as a Government expert witness in any subsequent Mr. West was then advised by 01A that his request would be prosecution.
forwarded t; the Commission for consideration and he would be subsequently advised of a decision in the matter.
Mr. West terminated the telephone conversation by expressing his personal frustration over NRC conduct concerning the pending criminal cases that have been referred to him by the NRC.
cc:
W. Dircks, EDO B. Hayes, 01 H. Plaine, OGC G. Cunningham, ELD H. Centcn, NRR R. DeYcung, IE J. Axelrad, IE T. Murley, ROI 7
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