ML20213G057

Subpoena.* Subpoena Directing D Feinberg to Appear for Deposition.Certificate of Svc Encl.Related Correspondence

ML20213G057
Person / Time
Site:	Three Mile Island
Issue date:	05/08/1987
From:	Smith I Atomic Safety and Licensing Board Panel
To:	Feinberg D AFFILIATION NOT ASSIGNED
Shared Package
ML20213G003	List: ML20213G001 ML20213G021 ML20213G041 ML20213G052 ML20213G057
References
CIV-PEN, EA-84-137, NUDOCS 8705180106
Download: ML20213G057 (5)

Text

{{#Wiki_filter:1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Administrative Law Judge Ivan W. Smith In the Matter of )

                                  )

GPU Nuclear Corporation ) Docket No. 50-320

                                  )    EA 84-137 (Three Mile Island Nuclear       )

Station, Unit No. 2) ) SUBPOENA In accordance with section 161(c) of the Atomic Energy Act, 42 U.S.C. 5 2201(c) (1982), and 10 C.F.R. 5 2.720, David Feinberg is hereby ordered to attend and give testimony at deposition upon oral examination by counsel for GPU Nuclear Corporation in th'e above captioned proceeding. The deposition will be held at a mu-tually convenient time and location, but not later than

              , 1987. The deposition will be conducted before a Notary Public. David Feinberg is further ordered to produce at the deposition all notes, memoranda, files, and other documents in his possession, custody, or control relating to Mr. Richard Parks, allegations made by Mr. Parks, or investigations of, in-quiry into, or evaluation of such allegations.

On motion made promptly, and in any event at or before

              , 1987, and on notice to GPU Nuclear Corporation, the Presiding Officer (or if the Presiding Officer is unavailable, 8705180106 870511 PDR   ADOCK 05000320                                          ,

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 ~

the Commission) may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter or issue, or (2) condition denial of the motion on just and reason-able terms. A copy of the order designating the issues in this proceeding is attached. IT IS SO ORDERED. M9 ITran 'ff . Smith Administrative Law Judge Dated t Bethesda Maryland this day of MM , 1987. . Y

                                   )

s DOCKETED UNITED STATES OF AMERICA - NUCLEAR REGULATORY COMIS b E N M M ADMINISTRATIVE LAW JUDbET i'[kN'V!b Ivan W. Smith BW" saved Aus/jh986

                                                         )

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 MEMORINDUMANDORDERFOLLOWINGPREHEARINGCONFERENCE 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 7 have agreed that discovery may be had under the following broad issues:

1. Whether the NRC is barred from imposing a civil penalty in this proceeding due to the dismissal with prejudice of the Department of Labor proceedings charging discrimination against Parks.

2. Whether Parks' replacement as Alternate Startup and Test Supervisor on February 23, 1983 constituted retaliation against i 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 $ 50.7.

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

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4. Whether Parks' removal as the primary Site Operations l Department representative on the Test Working Group for the polar I 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 6 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 a of 1.987. Further prehearing requirements will be addressed in subsequent orders.

                                           ,     ra lW/*Y Ivan W. Smith ADMINISTRATIVE LAW JUDGE Bethesda, Maryland August 13, 1986 l

i i l l l {

g a gi!)i 5 I E 7 M @ h , 90(,.E in USNPC UNITED STATES OF AMERICA 17 MAY 14 P1 :47 NUCLEAR REGULATORY COMMISSION CFF:ce - . Before the Administrative Law Juda60CMdhaG %y.y' BRANCH In the Matter of )

                                   )

GPU Nuclear Corporation ) Docket No. 50-320

                                   )      License No. DPR-73
                                   )      EA-84-137 (Three Mile-Island Nuclear       )

Station, Unit No. 2) ) CERTIFICATE OF SERVICE I hereby certify that copies of (1) the Presiding Officer's

  " Order" dated May 8, 1987, (2) the " Subpoena" dated May 8, 1987 for the deposition of Ronald A. Meeks, (3) the " Subpoena" dated May 8, 1987 for the deposition of David Feinberg, and (4) the
  " Subpoena Duces Tecum" dated May 8, 1987 for the production of Department of Labor documents, were served by deposit in the United States Mail, First Class, postage prepaid, or where indicated by an asterisk by hand delivery, this lith day of May, 1987, to the following persons:

Ivan Smith, Esquire Administrative Law Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l Docketing and Service Branch l Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

• George E. Johnson, Esquire l Office of the General Counsel

9604 MNBB U.S. Nuclear Regulatory Commission Washington, D.C. 20555 J. Patrick pickey

=l Dated: May 11, 1987}}