ML20214S072
| ML20214S072 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/01/1987 |
| From: | Jim Hickey GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | LABOR, DEPT. OF |
| Shared Package | |
| ML20214S075 | List: |
| References | |
| CON-#287-3639 CIV-PEN, EA-84-137, NUDOCS 8706090122 | |
| Download: ML20214S072 (2) | |
Text
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j June 1, 1987 Kenneth Stein, Esquire Deputy Regional Solicitor of Labor U.S. Department of Labor 14480 Gateway Building j
3535 Market Street j
Philadelphia, Pannsylvania 19104 e
i In the Matter of GPU Nuclear Corporation (Three Mile Island Nuclear Station, Unit No. 2)
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Docket No. 50-320, EA-84-137 c.W PEN r
Dear Mr. Steins In accordance with 29 C.F.R. SS 2.20-2.25, enclosed are a 4
Subpoena Duces' Tecum for documents relating to the complaint i
filed with the Wage and Hour Division by Richard D. Parks on March 23, 1983, and a Subpoena for the deposition of David Feinberg, a former Wage and Hour Division employee who investi-j gated Mr. Parks' complaint.
The subpoenas were issued by Judge j
Ivan W. Smith of the U.S. Nuclear Regulatory Commission (NRC) presiding over the above-captioned enforcement action, at the re-quest of GPUN following a hearing at which the Labor Department was represented by the Solicitor's Office.
Attached to the subpoenas is an August 13, 1986 Order i
outlining issues in'the enforcement proceeding.
As we have dis-i cussed with Mr. Newman of the Solicitor's Office, GPUN intends to j
depose Mr. Feinberg on these issues and on his investigation of Mr. Parks.' complaint.
GPUN similarly requests the DOL documents 4
}
relating to Mr. Parks' complaint.
The issues that were raised by I
Mr. Parks before DOL and addressed by Mr. Feinberg are the same as those being raised in the NRC enforcement proceeding, and Mr.
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Feinberg took statements from several witnesses who are expected l
to' testify, including the complainant Mr. Parks.
Mr. Feinberg's deposition is necessary to explore the sources of the information l
contained in his report, the circumstances under which it was
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.obtained, oral statements he obtained and documents he reviewed r
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e SHAW, PlTTM AN, PoTTS & TROWBRIDGE A PARTNERSpesP INCLUDeNQ PAOFESSIONAL CORPOmahoNS Letter to Kenneth Stein, Esquire June 1, 1987 Page 2 which are not included in or attached to his report, and the names and addresses of any potential witnesses identified during his investigation.
In addition, we wish to inquire concerning the circumstances under which the witness statements attached to the report were obtained, and their accuracy, completeness and admissibility.
The witness statements and Mr. Feinberg's testi-many concerning them is also likely to be necessary at the hear-ing to corroborate or impeach the testimony of the witnesses whom Mr. Feinberg interviewed.
Mr. Feinberg's report has been de-scribed by the NRC as the basis for this enforcement proceeding.
Mr. Feinberg's testimony and the related documents are therefore directly relevant to GPUN's defense.
In issuing the subpoenas, the Presiding Officer found that the information sought by'GPUN was relevant and important to the proceeding.
The Presiding Officer also found that the Memorandum of Understanding Between NRC and Department of Labor; Employee Protection, 47 Fed. Reg. 54,585 (1982), supported the release of the requested information and the deposition of Mr. Feinberg.
The Presiding Officer instructed the NRC Staff to exercise its rights under the Memorandum of Understanding to effectuate the subpoenas.
GPUN wishes to depose Mr. Feinberg on Thursday, June 18, 1987.
We plan to conduct the deposition in Harrisburg, where Mr.
Feinberg resides, for his convenience.
We have requested that documents sought by the Subpoena Duces Tecum be delivered to our office or made available for inspection and copying by June 16, 1987.
Sipcor y,,
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J.(Patrick Hickey Cobnsel for GPUN Enclosures cc: (w/ encl.)
Judge Ivan W. Smith George E. Johnson, Esq.
Ford Newman, Esq.
Mr. David Feinberg JPHipr
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