ML20214G617

Forwards Listed Documents & Pertinent Transcript Pages from 870508 Prehearing Conference.Assistance in Making Feinberg Available for Deposition & Providing Nonprivileged Documents to Util Requested.W/O Encls.Related Correspondence

ML20214G617
Person / Time
Site:	Three Mile Island
Issue date:	05/14/1987
From:	Johnson G NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Geoffrey Coleman LABOR, DEPT. OF
References
CON-#287-3528 CIV-PEN, EA-84-037, EA-84-37, NUDOCS 8705270122
Download: ML20214G617 (2)

Text

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\ ,,,,, /  !">t, ht y IIAND-DELIVERED May 14,1987 Gail Coleman, Esquire Office of the Solicitor l Department of Labor

Room N2716 200 Constitution Avenue, NW Washington, DC 20210 In the Matter of OPU Nuclear Corporation (Three Mlle Island Nuclear Station Unit No. 2)

Docket No. 50-320 License No. DPR-73 EA 84-137 (Civil Penalty)

Dear Ms. Coleman:

I On May 8, 1987 Administrative Law Judge Ivan W. Smith , bitting in the pending civil penalty enforcement action growing out of violations of

• 10 C.F.R. I 50.7 by OPU Nuclear Corporation , signed (1) a subpoena directing David Feinberg, a former Department of Labor (DOL) employee, to give testimony at deposition and to produce certain categories of documents pertaining to allegations of discrimination made by Richard Parket (2) a l

subpoena duces produce to7U tecum to the Administrator, Wage and Hour Division. DOL, to Nuclear documents in its possession, custody, or control relating to Mr. Parks and the DOL investigation of Mr. Parks' allegations:

and (3) an order directing the NRC Staff "to envoke and exercise its rights" under the Memorandum of Understanding (MOU) between NRC and the DOL relating to employee protection and Section 210 of the Energy Reorganlaation Act of 1974, as amended (47 Fed. Rg . 54585 (December 3, implementing 1982)), and agreementa, "to obtain and make available for deposition by GPil Nuclear Corporation Mr. Feinberg and to obtain and make available to CPUN the Department of Labor case-file and other documents covered by the subpoena."

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< An you know, Ford Newman of your office ittended the May 8 prehearing conference and argued the DOL position on 'these matters. I am enclosing herewith the referenced documents and pertinent pages of the conference l

transcript.

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As a result of the subject order, I have been requested by the Staff to seek your aantatance to make Mr. Feinberg available for deposition in this case, and to make non-privileged documenta available to GPUN as specified in the subpoena ducen tecum. ,

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l In this connection, I would note that Mr. Ilickey, counsel for GPU Nuclear Corporation, has informed me that, with respect to the case file Mr. Newman

. identified as in his possession at DOL headquarters, Mr. Ilickey would be sationed if Mr. Feinberg were to have access to the nie so that he could be asked questions as to the contents of the nie. Mr. Hickey stated to me that his Mr.

by primary interest Feinberg or is in the existence and contents of any working nie kept otherwise which may be in liarrisburg or elsewhere containing the like, documents from Mr. Parks, Bechtel, Ronald Meeks of the NRC, and i

The NRC Director of Enforcement, James Lieberman, and I are available to discuss these matters, and hope that they can be speedily resolved so that the pending enforcement action may proceed.

1 Sincerely, George i.

f&

hnson Counsel for NitC Staff

Enclosures:

As stated cc w/o enclosures: Service List l

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