ML20235F427

Notice of Deposition.* Notice for D Feinberg to Give Testimony by Deposition Upon Oral Exam on 870928 Re R Parks Allegations Concerning TMI-2 & Util.W/Certificate of Svc. Related Correspondence

ML20235F427
Person / Time
Site:	Three Mile Island
Issue date:	09/18/1987
From:	Jim Hickey GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
References
CON-#387-4481 CIV-PEN, EA-84-137, NUDOCS 8709290107
Download: ML20235F427 (10)

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lc . UNITED STATES OF AMERICA '87 SEP 23 TG0 :53

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, NUCLEAR REGULATORY COMMISSION L

Before the Administrative Law Judge /..-

In the Matter of. )

.GPU. Nuclear Corporation ) Docket No. 50- 320 -- C ' V EE M

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

. Station,. Unit No. 2) )

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NOTICE OF DEPOSITION Pursuant to the Presiding Officer's Subpoena of May 29, 1987, and Memorandum and Order dated June 22, 1987, Mr. David i

Feinberg is hereby given notice.that he should appear at the of-fices of Geiger and Loria Reporting Service, Inc., 1000 Market Street, Harrisburg, PA 17101, at 11:00 a.m. on Monday, September 28, 1987,'to'give testimony by deposition upon oral ex-

' amination. The deposition will be conducted before a notary pub-lic or an officer authorized by law to take depositions.

Mr. Feinberg will be examined concerning his knowledge of the al-legations made by Richard Parks concerning TMI-2 and GPUN and Bechtel employees, Mr. Feinberg's investigation of those allega-tions, and related matters.

SHAW, PITTMAN, POTTS & TROWBRIDGE J. P k Coun$ selrick forHi9 GPUeyNuclea( orporation Dated: September 18, 1987 h.

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IL UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Administrative Law Judge Ivan W. Smith In.the Matter of )

)

GPU Nuclear Corporatico ) Docket No. 50-320

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

Station, Unit No. 2) )

SUBFOENA s.

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, 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 depositior, 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

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 I

order designating the issues in this proceeding is attached.

IT IS SO ORDERED.

/$$ /A y/ ffa'n 4. Smi tfi//" '

Administrative Law Judge Dated at Bethesda,-Maryland this M day off/h ,1987.

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f 00(.KE TED UNITED STATES OF AMERICA NUCLEARREGULATORYCOMISENU ADMINISTRATIVE LAW JUDhCkEi Il@V!b Ivan W. Smith 3DN#

em Aus//1986

)

In the Matter of Docket No. 50-320 General Public Utilities Nuclear License No. OPR-73 Corporation EA 84-137

[ASLBPNo. 86-534-01-OL]

(Three Mile Island, Unit No. 2) (Civil Penalty) s 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 l

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 l 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 5 50.7. 4

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 5 50.7.-

5. Whether Parks' placement on leave of absence with pay on March 24,1983 constitutt.1 retaliation against Parks cor.trary to 10 CFR i 50.7.

6. Based on resolution of the issues (1)-($) above:

a. whether Licensee violated NRC req!tirements as set forth in tha 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, 1986OrderImposingCivilPenaltyshouldbesustained.  :

Discovery, including answers to d0scovery requests, should be completed by. February 1,1987.

The parties should prepare for an evidentiary hearing in the Spring s of 1987. Further prehearing requirements will be addressed in subsequent orders.

/ J/ $

liran W. Smith ADMINISTRATIVE LAW JUDGE Bethesda, Maryland 1

August 13, 1986 I

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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 )

H Station, Unit No. 2) )

SUB OENA 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 Kuclear-Corporation, all documents in its possession, custo'dy, 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 CompEdance Officer, or anyone acting on behalf of the Compli-ance Officer, and all documents, exhibits and evidence gathered L

j 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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% <J 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-J 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'topy of the order designating the issues in the above captioned proceeding is attached.

IT IS 50 ORDERED.

/$$

I(a'n W. SmitV ' '

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Administrative Law Judge at Bethesda, Maryland Dated,9 thisd day of M4% 1987.

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00LKETED l

UNITEi) STATES OF AMERICA NUCLEAR REGULATORY COP 911SENEN I

ADi4INISTRATIVELAWJUDhCkTNUIlbVN Ivan W. Smith 3MNU" j sawEs AUG/j/ ages

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In the Matter of Docket No. 50-320 General Public Utilities Nuclear 1.icense No. DPR-73 Corporation EA 84-137 f

[ASLBPNo. 86-534-01-OL]

(Three Mile Island, Unit Nc. 2) (Civil Penalty) l August 13, 1986

)

J 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

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 5 50.7.

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 Oper6tions 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 abser.ce with pay on March 24,1983 constituted retaliation aga' inst Parks contrary to 10 CFR i 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 Propo7ed Imposition of Civil Penalty issued on August 17, 1985; and

b. whether, on the basis of such viol 6 tion, the March 4, 1986 Order Imposing Civil Penalty should be, sustained.  !

Discovery, including answers to discovery requests, should be i completed by February 1,1987.

The parties should prepare for an evidentiary hearing in the Spring s of 1987. Further prehearing requirements will be addressed in subsequent orders.

- ,>> M /J W lj l Ivan W. Smith ADMINISTRATIVE LAW JUDGE j Bethesda, Maryland August 13, 1986 f

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UNITED STAIES OF AMERICA '" f i .

NUCLEAR REGULATORY COMMISSION Before the Administrative Law Judge

'87 SP 23 NO:53 In the Matter of ) ((,.

) ' . i' GPU Nuclear Corporation ) Docket No. 50-320

) EA 84-137 (Three Mile Island Nuclear )

Station, Unit No. 2) )

CERTIFICATE OF SERVICE I hereby certify that copies of the foregoina " NOTICE OF DEPOSITION" dated September 19, 1987, were served by deposit in the United States mail, first class, postage prepaid, this 18th day of September, 1987, 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, Esq.

Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Joan Roller, Esq.

Office of the Solicitor U.S. Department of Labor Room 14480 3535 Market Street Philadelphia, PA 19104 Mr. David Feinberg 3624 Green Street Harrisburg, PA 17110 d\

David R. Lewis Counsel for GPUN l . .