ML20238A647

Informs of Status of Dept of Labor Position Re Util Subpoena for Desposition of D Feinberg,Per Enforcement Action EA 84-137.Dept Concerned That Feinberg Not Be Required to Testify Both at Desposition & at Hearing.Served on 870817

ML20238A647
Person / Time
Site:	Three Mile Island
Issue date:	08/11/1987
From:	Geoffrey Coleman LABOR, DEPT. OF
To:	Smith I Atomic Safety and Licensing Board Panel
References
CON-#387-4238 CIV-PEN, EA-84-137, NUDOCS 8708210037
Download: ML20238A647 (2)

Text

_ _

.- . y 2. 38 ocer.tinur,1cta PROD. L UT1L YhD.,. _ . .:

g320_ w peJ omce of mo soncitor f . - ~,

U.S. Department of Labor ,

Washingn, D.C. 20210 ,,

fgs ,

t E!}./

l 0 II E '87 AUG 17 P3 :09 crs u. .

UEd " C' Honorable Ivan W. Smith' Administrative Law Judge Nuclear Regulatory Commission SERVED AUG 17 B87 Washington, D.C. 20555 l Re: In the Matter of GPU Nuclear Corporation, l Docket No. 50-320, EA 84-137; Subpoena for the deposition of David Feinberg, former Department of Labor compliance officer ,

Dear Judge Smith:

F This letter is to inform you of the status of the Department of Labor's position regarding GPUN's subpoena  ;

for the deposition of Mr. Feinberg. Following receipt of your decision denying our motion to quash the subpoena, we orally advised counsel for the Nuclear Regulatory Commission (NRC) that the Depar tment would not pursue an appeal of your decision to the NRC Appeal Board because we are not a party to the civil money penalty proceeding before the NRC and are not subject to the Commission's l j ur isd ic tion.

Shortly thereafter, Mr. Hickey, counsel for GPUN, wrote the Department a letter dated July 13, 1987, with excerpts from a recent deposition of Mr. Parks attached, specifying ,

the areas of information concerning which GPUN sought j; to question Mr. Feinberg. This letter marked the first 3 attempt by GPUN to provide any justification to the Department for its demand for Mr. Feinberg's testimony other than a general desire to probe for any additional information Mr. Feinberg might possess. Nor had the  !

Department been served with a copy of GPUN's submission in response to our Motion to Quash, setting forth additional specific areas in which Mr. Feinberg's testimony was sought. Based on the information provided in the letter of July 13, we again consulted with Deputy Solicitor Whiting and concluded tht Mr. Feinberg may l possibly possess limited special knowledge regarding statements made by Mr. Parks concerning his involvement in "Quiltec." We have therefore forwarded this matter to Kenneth Stein, an attorney in the Solicitor's '

Philadelphia Regional Office, to attempt to arrange with counsel for GPUN mutually acceptable conditions for the 8708210037 070011 PDR ADOCK 05000320 0 PDR

.)'9

o#;< ..

l.

I deposition of Mr. Feinberg. We.are particularly concerned that Mr. Feinberg not be required to testify both at the deposition and at the hearing in Washington.

j We regret,any delay and inconvenience that this matter i may have caused to the NRC's prosecution of its case L

I against GPUN. It is our firm belief, however, that the l

Department not only has cooperated to the fullest extent l.

possible by generously disclosing all factual'information i

!; in our possession, but also has properly adhered to its

+ mil established policy and regulations governing the l-testimony and production of information by its employees .

in proceedings to which the Department is not a party.

Sincerely, Gail V. Coleman i Deputy Associate Solicitor for Fair Labor Standards l cca J. Patrick Hickey, Esq.

George E. Johnson, Esq.

i O

i 1

- - . _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _