ML20214R993
| ML20214R993 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/01/1987 |
| From: | Jim Hickey GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Feinberg D AFFILIATION NOT ASSIGNED |
| References | |
| CON-#287-3638 CIV-PEN, EA-84-137, NUDOCS 8706090085 | |
| Download: ML20214R993 (6) | |
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RELAIED CONNT DOCMUTP SHAW, PITTMAN, PoTTs & TROWBRIDGE A PAmTNERSHsp INCLUOfNG PROFEsseONAL CORponATIONS 2300 N STREET, N. W.
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J. PATRICK HICKEY, P.C.
(202 38 June 1, 1987 Mr. David Feinberg 3624 Green Street Harrisburg, PA 17110 In the Matter of GPU Nuclear Corporation (Three Mile Island Nuclear Station, Unit 2)
Docket No. 50-320; EA 84-137 di t/ N
Dear Mr. Feinberg:
Please find enclosed a copy of a subpoena issued by Judge Ivan Smith of the U.S. Nuclear Regulatory Commission in the above captioned NRC enforcement proceeding at the request of GPUN.
The original subpoena has been served on Ford Newman of the Depart-ment of Labor Solicitor's Office, who has indicated to us that he is representing both you and the Department, as the enclosed let-ter reflects.
The deposition is scheduled for June 18, 1987, starting at 9:30 a.m. and will be held at Geiger & Loria Re-porting Services, Inc., 1000 Market Street, Harrisburg, PA 17101.
This enforcement proceeding involves a civil penalty that was imposed by the NRC against GPUN on the basis of findings you issued following your investigation of a complaint filed by Richard D. Parks with the Wage and Hour Division on March 23, 1983.
GPUN is~ contesting those findings.
GPUN wishes to depose you on the issues raised by Mr. Parks in his complaint and on t
your investigation and findings.
A description of those issues, approved by Judge Smith, is attached to your subpoena.
I The applicable Department of Labor regulations (29 C.F.R.
SS 2.20-2.25) require that the office of the appropriate Regional Solicitor of Labor be provided a copy of a subpoena for the testimony of present or former DCL employees and a summary of the testimony sought.
GPUN has complied with this regulation by let-ter dated June 1, a copy of which is attached.
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PDR ADOCK 05000320 C
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M SHAW, PITTM AN, PoTTs & TROWBRIDGE A PARTNgR$94tP INCLUO4NG PROFESSCNAL CORPORATCNS Letter to Mr. David Feinberg June 1, 1987 Page 2 If you have any questions or concerns before your deposi-tion, please feel free to telephone me collect.
Sin r1
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J.
atrick Hickey ConselforGPU{l Enclosures ccs(w/ encl.)
Judge Ivan Smith Kenneth Stein, Esq.
Ford Newman, Esq.
George Johnson, Esq.
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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)
)
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.
S 2.720, David Feinberg is hereby ordered to attend and give testimony at deposition upon oral examination by counsel for GPU Nuclear Corporation in the above captioned proceeding.
The deposition will be held at a mu-tually. convenient time and location, but not later than June 18, 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 pos-session, custody, or control relating to Mr. Richard Parks, alle-gations made by Mr. Parks, or investigations of, inquiry into, or evaluatidh of such allegations.
On motion made promptly, and in any event at or before June 9, 1987, and on notice to GPU Nuclear Corporation, the Presiding Officer (or if the Presiding Officer is unavailable, the 4
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Commission) may (1) quash or modify the subpoena if it is unrea-sonable or requires evidence not relevant to any matter or issue, or (2) condition denial of the motion on just and reasonable terms.
Such motions must be delivered to and in the possession of the Presiding Officer, counsel for GPU Nuclear Corporation, and counsel for the NRC Staff by June 9, 1987.
A copy of the order designating the issues in this proceeding is attached.
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/ ffa'n 4.~Smittf V '
Administrative Law Judge Dated at Bethesda, Maryland this #9 day of$le, 1987.
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i 00CKETED UNITED STATES OF AMERICA NUCLEAR REGULATORY COPMISMU N E ADMINISTRATIVE LAW JUDECkET H N6 b[
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Ivan W. Smith BRANCH SgWED AUG/hg86 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 MEMORANDUM 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 imediately.
The parties and I 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
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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 9 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 i 50.7.
5.
Whether Parks' placement on leave of absence with pay on March 24,1983 constituted retaliation against Parks contrary to 10 CFR l 50.7.
6.
Based on resolution of the issues (1)-(5) above:
i 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 1
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 1987.
Further prehearing requirements will be addressed in subsequent orders.
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1/M Ivan W. Smith ADMINISTRATIVE LAW JUDGE Bethesda, Maryland August 13, 1986 e
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