ML20235J099
| ML20235J099 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/13/1987 |
| From: | Jim Hickey GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Newman F LABOR, DEPT. OF |
| Shared Package | |
| ML20235J103 | List: |
| References | |
| CON-#387-4011 CIV-PEN, EA-87-137, NUDOCS 8707150394 | |
| Download: ML20235J099 (4) | |
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J. PATRICK HICKEY, P.C.
l July 13, 1987 BY MESSENGER j
Ford Newman, Esquire office of the Solicitor U.S. Department of Labor North 2716 200 Constitution Avenue, N.W.
Washington, D.C.
20210 In the Matter of GPU Nuclear Corporation (Three Mile Island Nuclear Station, Unit 2) 3 Docket No. 50-320; EA 84-137 - 6 / v P 6N
Dear Mr. Newman:
I write to bring to your attention information developed at the recent deposition of Richard Parks which further supports GPUN's need to depose Mr. David Feinberg and, in all probability, to have him appear as a witness at the hearing of this matter.
The information relates to Mr. Parks' claim to the Department of Labor and Mr. Feinberg that Parks was not involved with Lawrence P. King in conflict-of-interest activities on behalf of a company called Quiltec, Inc.
Mr. Parks and Mr. King apparently told Mr.
Feinberg (according to their statements in the DOL Report) that Parks' only involvement was one occasion when he obtained a typ-ist to type resumes on Quiltec stationery for Mr. King.
In Mr. Parks' deposition, he revealed (for the first time, to our knowledge) that he had previously possessed Quiltec busi-ness cards listing Mr. Parks as a " consultant" for Quiltec, and that these cards had been given to him by Mr. King "as a gift" in mid-1982 after Parks returned to work at Three Mile Island.
The reason for the gift, according to Parks, was Parks' assistance to Quiltec in obtaining a contract to provide personnel to the Long Island Lighting Company's Shoreham plant in mid-1982.
According.
to Parks, "If it had not been for my activities, Quiltec would never had a job at Shoreham."
Mr. Parks gave one of the cards to O) 8707150394 870713 PDR ADOCK 05000320 0
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j SH Aw, PlTTM AN, PoTTs & TROWB RIDGE j
A PARTNtesMiP INCLUDING PnorgssioNAL CORPORATIONS Ford Newman, Esquire j
July 13, 1987 j
Page 2 l
1 a Sechtel employee (Ed Kitler), but could not recall any-reason l
for doing so.
Mr. Parks did not recall anyone else to whom he gave the card, other than his " girlfriend."
(See attached Tr.
pp. II-203 - 204, 210 - 218, 220 - 221).
1 Mr. Parks also revealed that his resume was among those typed on Quiltec letterhead in 1982, and had been attached to a Quiltec proposal to provide personnel (including Mr. Parks, and other individuals then employed by GPUN at TMI) to the Beaver Valley Power Station operated by Duquesne Light & Power.
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Mr. Parks kept a copy of this Quiltec proposal and resumes, but could provide no reason for so doing, other than it was "out of curiosity or for some other reason," and he had "no reason not to."
He destroyed those documents, the Quiltec business cards and perhaps some Quiltec stationery when Mr. King was suspended, because Parks "did not want to be implicated."
Mr. Parks claimed to be unable to recall whether he dis-closed this information to Mr. Feinberg in either of the conver-sations reflected in Mr. Feinberg's report (April 20 and May 2, 1983).
Parks also said he could not remember whether Mr.
Feinberg asked him to describe all of his Quiltec activities (see attached pp. III 82).
Mr. Feinberg's notes did not refresh Mr. Parks' recollection, according to Parks' testimony, and por-
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tions of Mr. Feinberg's handwritten notes were not able to be i
read by Mr. Parks or counsel.
~
In addition, Mr. King told Mr. Feinberg, according to the statement witnessed by Mr. Feinberg and attached to his report, that " Parks had never approached {Mr. King) about having any role in Quiltec's affairs."
Mr. Feinberg apparently relied in part on Mr. King's information in reaching his conclusion that Mr. Parks was retaliated against.
We believe this testimony gives additional evidence of GPUN's need to depose Mr. Feinberg, in anticipation of his being called as a witness by GPUN at the hearing in this proceeding.
The circumstances of Mr. Feinberg's meetings with Mr.. Parks and Mr. King, the questions he asked and information he sought to e
elicit, are crucial to the issue of whether an' attempt was made to conceal from Mr. Feinberg these Quiltec activities.
Mr.
Feinberg's apparent conclusion (p. 6 of his report) that Parks' assistance in getting Quiltec resumes typed was "an isolated, in-nocent incident" (p. 6 of his report) may have been affected by this lack of knowledge.
Mr. Feinberg may be able to assist in recounting the circumstances of the Parks and King interviews, the extent to which he sought to obtain information regarding these other Quiltec activities of Parks, whether he reviewed his
4 SH AW, PITTM AN, PoTTs & TROWBRIDG E
~
A PARTNENseup INCLUDING PeorgsssONAL CongmatioNs Ford Newman, Esquire 3
4 July 13, 1987 Page 3 f
no,tes with Parks or King to ensure their accuracy and com-pleteness, etc.
We would hope that'the Department of Labor would share i
GPUN's interest in seeing that all.the available facts concerning Mr. Parks' claims be brought to light, and would agree to make
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Mr. Feinberg available to testify.at a deposition and at the hearing of this matter.
This would also avoid the present im-passe and enable the parties to proceed with the resolution of 1
this proceeding in a timely fashion.
-Please let me know if I can provide any additional in-formation.
Very truly yours, A
h J.
Patrick Hickey ce"nsel for GPUN l
cc:
(w/att) (by messenger)
Service List Gail V. Coleman Deputy Associate Solicitor for Fair Labor Standards e
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SHAw,' PiTTM AN, POTTs & TROWBRIDGE 4
' A PARTNER $pqP INCLUD6NO PROFESSIONAL CORPORATCNS -
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SERVICE L*:ST.
1 Ivan Smith, Esquire Administrative. Law Judge Atomic Safety and Licensing Board Panel s
U.S. Nuclear Regulatory Commission j
Washington,.D.C.
20555 Docketing'and Service Branch j
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office of the Secretary i
U.S. Nuclear-Regulatory. Commission i
Washington, D.C.
20555 George E. Johnson, Esquire Office of the General Counsel i
9604 MNBB I
U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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