ML20213G021
| ML20213G021 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/08/1987 |
| From: | Smith I Atomic Safety and Licensing Board Panel |
| To: | LABOR, DEPT. OF |
| Shared Package | |
| ML20213G003 | List: |
| References | |
| CIV-PEN, EA-84-137, NUDOCS 8705180086 | |
| Download: ML20213G021 (4) | |
Text
p-T UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Administrative Law Judge Ivan W. Smith In the Matter of
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GPU Nuclear Corporation
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Docket No. 50-320
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EA-84-137 (Three Mile Island Nuclear
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Station, Unit No. 2)
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SUBPOENA DUCES TECUM In accordance with section 161(c) of the Atomic Energy Act, 42 U.S.C.
$ 2201(c) (1982), and 10 C.F.R.
$ 2.720, the Adminis-trator, Wage and Hour Division, U.S. Department of Labor, is hereby ordered to produce, for the inspection and copying by GPU Nuclear Corporation, all documents in its possession, custody, or control relating to Mr. Richard D.
Parks, to the complaint which Mr. Parks filed with the Wage and Hour Division on March 23, 1983, and to the Compliance Officer's investigation and report on that complaint.
Such documents shall include the complete case file on Mr. Parks' complaint; all transcripts, notes, affidavits, or records of any kind of statements by witnesses interviewed by the Compliance officer, or anyone acting on behalf of the Compli-ance Officer; and all documents, exhibits and evidence gathered by or submitted to the Compliance Officer.
These documents must be made available to counsel for GPU Nuclear Corporation --
J. Patrick Hickey, Shaw, Pittman, Potts & Trowbridge, 2300 8705190006 870511 PDR ADOCK 05000320 Q
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'f N Street, N.W.,
Washington, D.C. 20037 (tel. (202) 663-8103) --
at a mutually agreeable time and location, but not later than 1987.
On motion made promptly, and in any event at or before and on notice to GPUN Nuclear Corporation, the Presiding Officer (or if the Presiding Officer is unavailable, the Commission) may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter or icsue, or (2) condition denial of the motion on just and reason-cble terms.
A copy of the order designating the issues in the cbove captioned proceeding is attached.
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' 'Ivan W.
Smith Administrative Law Judge Maryland Dated at Bethesdg,4')
this 2[ day of A 1987.
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00LMETED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMISbE N E ADMINISTRATIVE LAW JUDhCNT '[kN?v!bk Ivan W. Smith BilANCH SAVED AUS/jh986
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In the Matter of Docket No. 50-320 General Public Utilities Nuclear License No. DPR-73 Corporation EA 84-137
[ASLBPNo. 86-534-01-OL]
(Three Mile Island, Unit No. 2)
(Civil Penalty)
August 13, 1986 NEMORANDUM AND ORDER FOLLOWING PREHEARING CONFERENCE Counsel for General Public Utilities and Counsel for the NRC Staff joined me in a prehearing conference at Bethesda, Maryland on July 30, 1986.
Discovery is authorized to begin immediately. The parties and I have agrced that discovery may be had under the following broad issues:
l 1.
Whether the NRC is barred from imposing a civil penalty.in this proceeding due to the dismissal with prejudice of the i
Department of Labor proceedings charging discrimination against l
Parks.
l 2.
Whether Parks' replacement as Alternate Startup and Test Supervisor on February 23, 1983 constituted retaliation against Parks contrary to 10 CFR 9 50.7.
3.
Whether Parks' interview by Messrs. Hofmann and Wheeler on March 14, 1983 constituted retaliation against Parks contrary to 10 CFR 6 50.7.
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4.
Whether Parks' removal as the primary Site Operations Department representative on the Test Working Group for the polar crane project on March 17, 1983 was involuntary and, if so, whether it constituted retaliation against Parks contrary to 10 CFR 5 50.7.
5.
Whether Parks' placement on leave of absence with pay on March 24,1983 constituted retaliation against Parks contrary to 10 CFR i 50.7.
'6.
Based on resolution of the issues (1)-(5) above:
a.
whether Licensee violated NRC requirements as set forth in the Notice of Violation and Proposed Imposition of Civil Penalty issued on August 12, 1985; and b.
whether, on the basis of such violation, the March 4,
~
1986 Order Imposing Civil Penalty should be sustained.
Discovery, including answers to discovery requests, should be completed by February 1,1987.
The parties should prepare for an evidentiary hearing in the Spring any of 1987. Further prehearing requirements will be addressed in subsequent orders.
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Ivan W. Smith ADMINISTRATIVE LAW JUDGE Bethesda, Maryland August 13, 1986 I