ML20236E575
| ML20236E575 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/23/1987 |
| From: | Barth C NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Jim Hickey SHAW, PITTMAN, POTTS & TROWBRIDGE |
| References | |
| CON-#387-4125 CIV-PEN, EA-84-137, NUDOCS 8708030011 | |
| Download: ML20236E575 (7) | |
Text
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'87 JUL 28 All :00 JUL 2 3 YJ87 cc; DCC 1
J. Patrick Hickey, Esq.
)
Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W.
Washington, D.C.
20037 i
in the Matter of CPU Nuclear Corporation (Three Mile island Nuclear Station, Unit No. 2)
Docket No. 50-320 License No. DPR-73 EA 84-137 (Civil Penalty)
Dear ME Hickey:
I am enclosing an executed Motion and a proposed Order and Affidavit of on Non-Disclosure as modified by you and Mr. George Johnson by telephone this morning. When Judge Smith signs the Order I will provide you with documents originated by OIA wh ich, ir. part, relate to Mr. King's relationship to Quiltec Corporation while he was at the TMI-2 site.
Will you please sign t! e Motion and transmit it and the proposed Order and Affidavit of Non-Disclosure to Judge Smith.
Sincerely, Abf
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Charles A. Barth Counsel for NRC Staff
Enclosures:
As Stated I
cc:
Ivan W. Smith, Esq.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE in the Matter of
)
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Docket No. 50-320 GPU NUCLEAR CORPORAT!ON
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(Civil Penalty)
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License No. DPR-73 (Three Mile Island Nuclear Statiori
)
EA 84-137 Unit No. 2)
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JOINT GENERAL PUBLIC UTILITIES NUCLEAR CORPORATION AND NRC STAFF MOTION FOR PROTECTIVE ORDER General Public Utilities Nuclear Corporation and the NRC Staff move the Administrative Law Judge to adopt and sign the attached proposed Order which will resolve certain discovery disputes between the parties.
J. Patrick Hickey, Counsel General Public Utilities Nuclear Corporation hh Charles A. Barth
-j.,3 y p 7 Counsel for NRC Staff l
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i l
ALJ 7/
/87 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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ADMINISTRATIVE LAW JUDGE ivan W. Smith
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in the Matter of
)
Docket No. 50-320
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License No. DPR-73 General Public Utilities Nuclear
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EA 84-137 Corporation
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[ ASLBP No. 86-534-01 -O L]
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(Civil Penalty)
(Three Mile Islend, Unit No. H
)
)
July
,1987 ORDER REGARDING DISCLOSURE AND PRCTECTION OF CERTAIN COMMISSION DOCUMENTS This matter has been brought before the Administrative Law Judge upon the joint motion of the parties which have jointly concurred in the issuance of this Order.
The Commission's Office of inspector and Auditor has made an investigation which, in part, relates to events at TMI-2 which occurred during 1982 and January and February 1983.
GPUNC has requested access to copies of those documents in so far as they relate to involvement of Lawrence King and Quiltec Corporation while Mr. King was employed at the TMi-2 site.
The NRC Staff has resisted disclosure of those documents on the basis that 1) Mr. King's Quiltec involvement is not relevant to this proceeding, and that 2) the documents are exempt from disclosure under 10 C.F.R. 55 2.744(a), and 2.790(a)(5), (6) and (7).
y The parties have agreed to resolve the matter at this time (and i
without walver by either party to seek additional relief from the Presiding Officer) by the Staff making disclosure of certain portions of the r
documents subject to a protective order.
M documents (enumerated below) may be Disclosure of the covered made to GPU system company employees and GPU Counsel only as may be necessary for trial preparation and hearing and only after they have l
executed the Affidavit of Non-Disclosure.
Any person receiving a copy of any covered document will take reasonable steps to insure it is not disclosed to others, will use it only for the purposes of this proceeding, and will destroy or return to the NRC staff all copies of such document at the completion of this proceeding.
Identification or introduction of any covered documents in a deposition or hearing of this matter shall be done g camera in accordance with conditions set by the Administrative Law Judge or agreed on by counsel for the parties and only after prior notice to the NRC Staff Counsel.
l Disclosure of the contents of documents in deposition or hearing l
shall be g camera only, after prior notice to the NRC Staff Counsel.
Information obtained from the covered documents may be used only for purposes of trial preparation and hearing in this proceeding, and such i
use shall avoid disclosing the fact that the covered documents were the source of the information, unless prior notice is given to the NRC Staff
-1/
" Covered" documents refers to the portions of the enumerated documents disclosed to GPUNC under this Order.
Certain non-covered portions of the documents have been deleted by agreement of the parties.
References to documents which follow refer only to '" covered" documents.
l l
Counsel.
Prior to any use of the contents of the covered do,cuments which involves disclosure of information which has not otherwise become known to GPU Counsel, to any person other than in depositions or hearing, the parties will seek to agree upon use of the information in a manner which will appropriately protect the contents.
If an agreement is not reached, the parties will seek guidance from the Presiding Officer.
Nothing contained herein shall be construed to apply to or limit the parties' right (1) to use information obtained apart from the covered documents, or (2) to use copies of portions of covered documents 1
I obtained other than from the NRC.
Should counsel for either party 1
\\
become aware of the availability of copies of covered documents from a I
l source other than the NRC, he shall promptly notify counsel for the other l
party.
Affidavits of Non-Disclosure are to be sent to the Administrative Law l
l Judge with notice thereof to George E. Johnson, Counsel for the NRC l
i Staff.
The Affidavit of Non-Disclosure shall survive resolution of this l
proceeding.
The documents which the NRC Staff will provide to GPUNC's Counsel l
are as follows:
1)
Memo from Sharon R.
Connelly, Director OlA to J. Nelson Grace, Regional Administrative Dated July 31, 1985 enclosing the OI A Report 2)
Pages 6-12 OI A Report dated July 31, 1985 re: Lawrence King which pages follow the caption " KING's involvement with Quiltec While Employed at TMl" a) -Interview Statement.
March 27,1985 b) -interview Statement.
May 11,1985 c) 0-interview Report.
March 6,1985 d) 1-interview Statement. May 29,1985 e) 2-Interview Report.
May 29,1985
f
_4_
f) 3-Interview Report.
March 27,1985 g) 4-Interview Report.
June 7,1985 3)
Letter, Harold R.
Denton, NRC to Lawrence P.
King dated April 26,1985 4)
Letter to Harold Denton from Lawrence King dated February 7, 1985 5)
Letter, Harold Denton to Lawrence King dated February 25, 1985 6)
Letter, Lawrence King to Harold Denton dated March 11, 1985 7)
Letter, Harold Denton to Lawrence King dated March 29, 1985 The NRC Staff s has deleted or withheld from the above listed documents information 1) which does not pertain to Mr. King's involve-
{
ment with Quiltec while Mr. King was employed by TM I, 2) personal matters not related to King-Quiltec-TMI, 3) matters of public record, i
1.e., 6 to OIA Report which are records of the Virginia Corporation Commission, 5) matters previous,1y disclosed, i.e., Attachment 14 Exhibit 1 to OlA Report, a transcript of an interview with Mr. King previously given to GPUNC counsel, 6) NRC Staff views upon Mr. King's fitness in 1985 for a position with NRC, i.e., Attachment 15 to OI A Report, 7) and other NRC Staff views regarding NRC employment in 1985.
Ivan W. Smith ADMINISTRATIVE LAW JUDGE July _,1987 l
1
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE j
in the Matter of
)
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Docket No. 50-320 GPU NUCLEAR CORPORATION
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(Civil Penalty)
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License No. DPR-73 (Three Mile Island Nuclear Station
)
EA 84-137 Unit No. 2)
)
l l
AFFIDAVIT OF NON-DISCLOSURE I,
, having first been duly sworn, hereby state:
I shall not disclose the contents of protected documents being on provided to me by the NPC Staff pursuant to the Order Regarding Disclosure And Protection of Certain Commission Documents (Order) dated except as provided in such Order or as may be further ordered by Judge Smith.
July
,1987 1
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