ML20214S035

Subpoena Directing D Feinberg to Appear on 870618 for Deposition Re Allegations.Related Correspondence

ML20214S035
Person / Time
Site:	Three Mile Island
Issue date:	05/29/1987
From:	Smith I Atomic Safety and Licensing Board Panel
To:	AFFILIATION NOT ASSIGNED
Shared Package
ML20214S004	List: ML20214S001 ML20214S035
References
CIV-PEN, EA-84-137, NUDOCS 8706090103
Download: ML20214S035 (8)

Text

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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. S 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 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 evaluation 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 0706090103 870601 PDR ADOCK 05000320 0 PDR

Commission) may (1) quash or modify the subpoena if it is unrea- j sonable or requires evidence not relevant to any matter or issue, 1

i or (2) condition denial of the motion on just and reasonable terms. Such motions must be delivered to and in the possession I

of the Presiding Officer, counsel for GPU Nuclear Corporation,  ;

c j and counsel for the NRC Staf f by June 9,1987. A copy of the

order designating the issues in this proceeding is attached.

l IT IS SO ORDERED.

/$ h i ,,/'ff'an 4. Smitn//"' l l Administrative Law Judge i t l Dated at Bethesda, Maryland this #9 day of , 1987.

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00LMETED UNITED STATES OF AMERICA -

NUCLEAR REGULATORY COPMISENUN ADMINISTRATIVE LAW JUDECkET N'V!NH '

Ivan W. Smith 3RANC" sue aus/$55 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]

(ThreeMileIsland,UnitNo.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 Supervisor on February 23, 1983 constituted retaliation against Parks contrary to 10 CFR 9 50.7.

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3. Whether Parks' interview by Messrs. Hofmann and Wheeler on March 14, 1983 constituted retaliation against Parks contrary to 10 CFR 5 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 9 50.7.

5. Whether Parks' placement on leave of absence with pay on March 24, 1983 constituted retaliation against Parks contrary to 10 CFR 5 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

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b. whether, on the basis of such violation, the March 4, 1986 Order Imposing Civil Penalty should be sustained.

Otscovery, 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.

/ FAA Ivan W. Smith ADMINISTRATIVE LAW JUDGE Bethesda, Maryland August 13, 1986 e

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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 DUCES TECUM 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, 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 Of ficer, 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 N Street,

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,. N.W., Washington, D.C. 20037 (tel. 202 663-8103) -- at a mutually agreeable time and location, but not later than June 18, 1987.

On motion made promptly, and in any event at or before June 9, 1987, and on notice to GPUN Nuclear Corporation, the Presiding Officer (or if the Presiding Officer is unavailable, the Commis-sion) 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 reasonable terms.

Such motion must be delivered to and in the possession of the Presiding Officer, counsel for GPUN, and counsel for the NRC Staff by June 9, 1987. A copy of the order designating the issues in the above captioned proceeding is attached.

IT IS SO ORDERED.

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• h I(an W. SmitV ' '

- Administrative Law Judge Dated at Bethesda, Maryland this2 9 day of d #/, 1987.

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UNITED STATES OF AMERICA

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ADMINISTRATIVE LAW JUDSCKEiiHG i 3E;V!M.

Ivan W. Smith SRANCH saysAUG/pgo6

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In the Matter of )

a o Docket No. 50-320

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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 immediately. 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.

i _ 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.

l 3. Whether Parks' interview by Messrs. Hofmann and Wheeler on

! March 14, 1983 constituted retaliation against Parks contrary to 10 CFR S 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 9 50.7.

5. Whether Parks' placement on leave of absence with pay on March 24, 1983 constituted retaliation against Parks contrary to 10 CFR 5 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, c J/YJ lIvanW. Smith ADMINISTRATIVE LAW JUDGE Bethesda, Maryland August 13, 1986 e

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