ML20236P066

Notice of Deposition of Hl Hofmann.* Notice of 870820 Deposition in San Francisco,Ca Re Matters Set Forth in Paragraphs 2-5 of Encl 860813 Prehearing Order.W/Certificate of Svc.Related Correspondence

ML20236P066
Person / Time
Site:	Three Mile Island
Issue date:	08/04/1987
From:	Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:
References
CON-#387-4189 CIV-PEN, EA-84-137, NUDOCS 8708120206
Download: ML20236P066 (3)

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K%1gog89fpfEg 8 N 87 Ty UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 87 AUG 10 A9 :33 BEFORE THE ADMINISTRATIVE LAW JUDGE :r:

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, c; in the Matter of )

) Docket No. 50-320 GPU NUCLEAR CORPORATION ) (Civil Penalty)

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

NOTICE OF DEPOSITION OF H. LEE HOFMANN Pursuant to 10 C.F.R. 5 2.740(a), H. Lee Hofmann is hereby given notice that he should appear at the office of Thelen, Marrin, Johnson &

Bridges, Two Embarcadero Center, San Francisco, California 94111, at 9:00 a.m.. on Thursday, August 20, 1987, to resume his testimony by deposition upon oral examination. The deposition will be conducted before ae a notary public or an officer authorized by law to take depositions where taken. The oral examination will continue from day to day until completed. Each subsequent day of testimony will begin at 9:00 a.m. and be adjourned at 6:00 p.m. until the next morning.

Mr. Hofmann will be examined concerning the matters set forth in paragraphs 2-5 of the attached Prehearing Order of August 13, 1986.

Except for those documents already produced or identified in response to prior discovery requests, Mr. Hofmann shall bring to the deposition all records, notes, memoranda , files , and documents (including personal notes and documents) in his possession or subject to his custody or control that relate to: (i) any of the matters set forth in 112-5 of the attachment to this notice; and (ii) the consideration, investigation, evaluation, or resolution by Bechtel or CPU Nuclear, Inc. of any of the 8700220206 870004 N PDR ADOCK 05000320 l O PDR J

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safety concerns or claims of harassment, intimidation, discrimination, or threat of reprisal raised by Richard Parks in his affidavit of March 21, 1983.

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[ W Tregary lin B' r'y /

Counsel F NRb Staff

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Date: August 3,1987

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BC1C23 ALJ 8/13/86 l Ut:ITED STATES OF AMERICA .

, NUCLEAR REGULATORY COMMISSION ,

t ADMINI5TRATIVE LAW JUDGE -

1 Ivan W. Smith ,

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l 2 In the Matter of I

l l , Docket No. 50-320rx General Public Utilities Nuclear ,

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' ' License No. DFR-73

'- Corporatica , 1 EA B4-137 ll [ASLBPNo.E6-534-01-OL]

(Three Mile Island, Unit No. 2) (CgilPenalty)

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August iJ. 1986.

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t , MEMORANDUM AND ORDER F0tt0 WING FRENEARING CONTTRENCE ,

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Counsel for General Public Utilities and Consel for the NRC Staff joined me in a prehearing conference at Bethesda, Maryland on July 30, 1956. .

Discovery is authorized to begin irxnediately. The parties and I have agreed that discovery r.ay te had under the following broad issues:

1. Whether the NRC is barred frem imposing a civil penalty in this proceeding due to the dismissal with prejudice of the Departinent of' Liber proceedings charging discrimination against Pa rks. -

2. Whether Parks' replacement as Alternate Startup and Test Supervisor on February 23, 1983 constituted retaliation against i Parks contrary to 10 CFR i 50.7.

3. Whether Parks' interview by Messrs. Hofmann and Wheeler en March 14, 1983 constituted retaliation against Parks centrary to' 4 10 CFR 5 50.7.

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I j 4 Whether Parks' reroval as the prieary Site Operations ' .

1 Departe,ent representative on the Test Working Group fcr the polar' ]

3- crane project on Varch 17. 1983 was involuntary and, if so, whether i

it constituted retaliation against Parks centrary to 10 CFR I 50.7. ,

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, S. Whether Parks' placecent en' d j

< Varch 24. 1983 constituted retaligtfo,nleave ofParks assinst absence with to centrary pay on-

< I 20 CFR 5 50.7. ] j

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6. Eased on resolution of the 'issues (1)-(5) above: .{

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a. whether Licensee violated NRC requirements as set

.forth in the Notice of Y1olation and Proposed Ir. position of ') '

Civil Penalty issued en August.12.1985; and

b. whether._ en the basis of such violation, the March 4

(- ISES Order Irvesing Civil Fenalfr should be sustained.

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Discovery, including answers to discovery requests, should be cepleted by February 1.1987. -

The parties should prepare fer an evidentiary hearing in the Spring 4 cf- 1987. Further prehearing requirements will be addressed in 1

subsequent orders.- < *-

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• h an W. 5mith 1 ADMINISTRATIVE LAW JUDGE j i

, Bethesda, Maryland August 13. 1986 . j

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n UNITED STATES OF AMERICA i' NUCLEAR REGULATORY COMMISSION '87 AUG 10 A9 34 BEFORE THE ADMINISTRATIVE LAW JUDGE g 60cm o e,o, a p e. u .,

in the Matter of )

) Docket No. 50-320 GPU NUCLEAR CORPORATION ) (Civil Penalty)

) License No. D PR-72 (Three Mile Island Nuclear Station ) EA 84-137

, Unit No. 2) )

CERTIF!CATE OF SERVICE l- hereby certify that copies of " NOTICE OF DEPOSITION OF H. LEE HOFMANN" in the above-captioned proceeding have been served on the

. following by deposit in the United States mail, first class, . or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, this 4th day of August 1987.

• lvan W. Smith, Esq. Ernest L. Blake, Jr.

Administrative Law Judge Shaw, Pittman, Potts & Trowbridge

. Atomic Safety and Licensing Board 2300 N Street, NW U.S. Nuclear Regulatory Commission Washington, DC 20037 Washington, DC - 20555

• Atomic Safety and Licensing Steven L. Hock, Esq.

Appeal Board . Thelen, Marrin, Johnson, Bridges U.S. Nuclear Regulatory Commission 2 Embarcadero Center i Washington, DC 20555 San Francisco, CA 94111

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• Docketing and Service Section I

' Office of the Secretary )

U S. Nuclear Regulatory Commission l Washington, DC 20555 j l

1 l CMw M *v ry Gregory A[i n BejStaff Counsel f4 NRC j l

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