ML20236E595
| ML20236E595 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 07/22/1987 |
| From: | Barth C NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Jim Hickey SHAW, PITTMAN, POTTS & TROWBRIDGE |
| References | |
| CON-#387-4126 CIV-PEN, EA-84-137, NUDOCS 8708030019 | |
| Download: ML20236E595 (7) | |
Text
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NUCLEAR REGULATORY COMMISSION DQ' i,,ED
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J. Patrick Hickey, Esq.
-l Shaw, Pittman, Potts & Trowbridge 2300 N Street, N.W.
Washington, D.C.
20037 j
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in the Matter of CPU Nuclear Corporation (Three Mile Island Nuclear Station, Unit No. 2)
Docket No. 50-320 License No. DPR-73 EA 88-137 (Civil Penalty)
Dear Mr. Hickey:
I am enclosing a copy of the draft Motion, Order, and Affidavit of l
Non-Disclosure by which the Staff proposes to provide certain O!A documents regarding Mr. King and Quiltec Corporation while Mr. King was at the TMI-2 l
Site in 1082 and 1'983.
The Staff is adamant that disclosure be made to the smallest possible number of perscns, that disclosure of the source of the information be made only under a protective order, and that at the conclusion of this proceeding no copies shall remain outside the possession of the NRC.
The proposed Motion arid the attached papers reflect our best harmonization of OI A's very strongly held views and your interests as expressed during our several telephone calls of last week.
If we are not able quickly to come to an agreement, I suggest that we request a hearing on this matter and let Judge Smith make a decision.
Sincerely, Char les A. Barth Counsel for NRC Staff
Enclosures:
As Stated B708030019 870722 PDR ADOCK 05000320 Q
PDR h 507
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'T 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 CORPORATION
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(Civil Penalty)
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License No. DPR-73 (Three Mile Island Nuclear Station
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EA 84-137 Unit No. 2)
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JOINT CENERAL PUBLIC UTILITIES NUCLEAR CORPORATION A_ND 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 C rder which will resolve certain discovery disputes between the parties.
J. Patrick Hickey, Counsel Genera! Public Utilities Nuclear Corporation Charles A. Barth Counsel for NRC Staff 1
1 AL) 7/
/87 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ADMINISTRATIVE LAW JUDGE Ivan W. Smith
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In the Matter of
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Docket No. 50-320 1
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License No. DPR-73 General Public Utilities Nuclear
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EA 84-137 Corporation
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(Civil Penalty)
(Three Mi!e Island, Unit No. 2)
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July
,1987 ORDER REGARDING DISCLOSURE AND PROTECTION OF CERTAIN COMMISSION DOCUMENTS 1
This matter has been brought before the Administrative Law Judge
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upon the joint motion of the parties which have jointly concurred in the issuance of this Order.
l 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 Quiliec 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. 66 2.744(a), and 2.790(a)(5), (6) and (7).
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j The parties have agreed to resolve the matter by the Staff making disclosure of certain portions of the documents subject to a protective order.
Disclosure of the covered M documents (enumerated below) may be made to GPUNC employees and GPUNC's Counsel only as may be necessary for trial preparation and hearing and only after they have 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 in camera in accordance with conditions set by the Administrative Law l
l Judge or agreed on by counsel for the parties and only after prior notice to the NRC Staff Counsel.
Disclosure of the contents of documents in deposition or hearing shall be in camera only, after prior notice to the NRC Staff Counsel.
information obtained from the covered documents may be used only for i
purposes of trial preparation and hearing in this proceeding, and such l
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 Counsel.
Whenever such use involves disclosure of the contents of the
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" Covered" documents refers to the portions of the enumerated documents disclosed to CPUNC under this Order.
Certain non-covered portions of the documents have been deleted by agreement of the pa rties.
References to documents which follow refer only to ' covered" documents.
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covered documents, to any person other than in depositions or hearing, such person shall execute an Affidavit of Non-Disclosure.
Affidavits of Non-Disclosure are to be sent to the Administrative Law j
Judge and a copy to George E.
Johnson, Counsel for the NRC Staff.
l The Affidavit of Non-Disclosure shall survive resolution of this proceeding.
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The documents which the NRC Staff will provide to CPUNC's Counsel are as follows:
1)
Memo from Sharon R.
Connelly, Director OIA to J. Nelson Grace, Regional Administrative Dated July 31, 1985 enclosing l
the OI A Report
(
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Pages 6-12 OIA Report dated July 31, 1985 re: Lawrence King I
which pages follow the caption " KING's involvement with Quiltec l
While Employed at TMl" J
a) -interview Statement.
March 27,1985 b) -interview Statement.
May 11,1985 c) 0-interview Report.
March 6,1985 l
d) 1-Interview Statement. May 29,1985 l
e) 2-laterview Report.
May 29,1985 f) 3-interview Report.
March 27,1985 g) 4-interview Report.
June 7,1985 l
3)
Lt.t te r, 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 J
6)
Letter, Lawrence King to Harold Denton dated March 11, 1985 1
7)
Letter, Harold Denton to Lawrence King dated March 29, 1985
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The NRC Staff has deleted or withheld from the above listed
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documents information 1) which does not pertain to Mr. King's involve-l ment with Quiltec while Mr. King was employed by TM l, 2) personal I
matters not related to King-Quiltec-TMI, 3) matters c,f public record, i.e., Attachment 16 to OIA Report which are records of the Virginia j
Corporation Commission, 5) matters previously discloseJ, i.e., Attachment 14 Exhibit 1 to OI A Report, a transcript of an interview with M. King l
previously given to G-PUNC counsel, 6) NRC Staff views upon Mr. King's fitness in 1985 for a posit)on with NRC, i.e., Attachment 15 to OI A Report, 7) and other NRC Staff views regarding NRC employinent in 1985.
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l l van Vv. Smith ADMINISTRATIVE LAW JUDGE l
July _, 1987 l
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t UNITED STATES OF AMERICA i'
NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE in the Matter of
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Docket No. 50-320 l
GPU NUCLEAR CORPORATION
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(Civil Penalty) l l
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License No. DPR-73 I
(Three Mile Island Nuclear Station
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EA 84-137 Unit No. 2)
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AFFIDAVIT OF NON-DISCLOSURE I,
having first been duly sworn, hereby state:
i i shal! not disclose the contents of protected documents being provided to me by the NRC Sta f f 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 l
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