ML20235F388

Affidavit of Hl Hofmann in Opposition to NRC Staff Motion to Rescind Protective Order.* Certificate of Svc Encl

ML20235F388
Person / Time
Site:	Three Mile Island
Issue date:	09/21/1987
From:	Hofmann H BECHTEL GROUP, INC.
To:
Shared Package
ML20235F323	List: ML20235F319 ML20235F365 ML20235F388
References
CIV-PEN, EA-84-137, NUDOCS 8709290080
Download: ML20235F388 (4)

Text

5 k.

UNITED STATES OF AMERICA .

NUCLEAR-REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of )

) {

GPU. NUCLEAR CORPORATION ) Docket No. 50-320

) (Civil Penalty)

(Three Mile 1.sland Nuclear ) License No. DPR-73 Station Unit No. 2) ) EA 84-137

)

l AFFIDAVIT OF H. LEE HOFMANN  ;

IN OPPOSITION TO NRC STAFF'S MOTION TO RESCIND PROTECTIVE ORDER I, H. Lee Hofmann, being duly sworn, do depose and state:

1. I am currently employed by Bechte1 Power Corporation as Chief Auditor in Bechtel's Internal Audit

' Department. I have been so employed since before 1983. My primary. duties have included the supervision and conduct of special investigations concerning alleged violations of Bechtel policy on the part of Bechtel employees or the employees of vendors, contractors, or clients insofar as the alleged

. wrongful conduct might affect Bechtel. My duties have also included the development of investigative techniques and

, methods concerning such special investigations.

2. I have reviewed Exhibit 24 to the deposition which I gave in this proceeding. I understand that a copy of this document has been submitted to the Court as part of i l- Attachment 3 to the Staff's motion to rescind the Court's protective order regarding the same document. j l

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l IExhibit 24 constitutes the. typewritten notes made by h

Michael Cole,la former investigator.in the~ Internal Audit L.

Department, concerning.one or more private meetings at which'he and I discussed techniques and methods which should generally

.. y be followed by Internal Audit investigators, 1

3. As I indicated during my deposition in this case, I disagree with certain of the statements contained in

-Exhibit 24. However, Exhibit 24 does accurately set forth many of the' confidential techniques and methods which I and former

Internal Audit investigators frequently used in the conduct of past special' investigations. I currently use these same techniques and methods, and I intend to continue.using them on a regular basis in the conduct of future special

' investigations. (At present, I am the only Internal Audit investigator who conducts-special investigations.)

4. In my judgment, my ability to carry out current and future special investigations would be significantly impeded if Exhibit 24 became accessible to the general population of Bechtel employees or the personnel of Bechtel's vendors, contractors, and clients. For example, the i

information contained in Exhibit 24 would enable the subject of a special investigation to circumvent or resist the method of examination used during an interview of the subject. In addition, by informing a subject of the usual sequence of investigative steps, Exhibit 24 would enhance the subject's ability to influence potential witnesses and otherwise limit my I

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5. The foregoing.is based on;my own personal knowledge. If called as a witness, I can and'will competently.

testify to the-same... ., ,

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H. Lde Hoffnahn Sworn to and subscribed before me on this J'jday of September, 1987. .... .. .. ::::::::::

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, UNITED STATES.0F AMERICA

~ NUCLEAR REGULATORY COMMISSION 17 SP 25 P2:12 Before the Administrative Law Judge-i ikif.

In the Matter of )

)

GPU Nuclear Corporation ) Docket No. 50-320 ,

) License No. DPR-73 I

'(Three Mile Island Nuclear ) EA-84-137 '

Station,. Unit No. 2) )

CERTIFICATE OF SERVICE

' I hereby certify that copies of the-foregoing "GPUN Response Opposing NRC Staff Motion to Rescind Protective Order" were i served by deposit'in the United States Mail, First Class, postage prepaid, or where indicated by an asterisk by hand delivery and telecopy, this 23rd day of September, 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 '

Docketing and Service Branch Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C. 20555

• George E. Johnson, Esquire 3 Office of the General Counsel '

9604 MNBB j U.S. Nuclear Regulatory Commission Washington, D.C. 20555 l

Q Yf David R. Lewis

! Counsel for GPUN h

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