ML20238E503
| ML20238E503 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 09/02/1987 |
| From: | Jim Hickey GENERAL PUBLIC UTILITIES CORP., SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Smith I Atomic Safety and Licensing Board Panel |
| References | |
| CON-#387-4324 CIV-PEN, EA-84-137, NUDOCS 8709150036 | |
| Download: ML20238E503 (13) | |
Text
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.J, PATRICK HICKEY, P C.
(202) 77b-033 8 September 2, 1987 I
l BY MESSENGER i
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Ivan W.
Smith, Esquire l
Administrative Law Judge i
Atomic Safety and Licensing l
Board Panel U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 In the Matter of GPU Nuclear Corporation Unit 2) M 6 (Three Mile Island Nuclear Station,
-d/V Docket No. 50-320; EA 84-137 1
Dear Judge Smith:
Enclosed is a subpoena for the deposition of Thomas A.
Devine in the Parks matter, which we request you authorize.
We wish to depose Mr. Devine concerning his knowledge related to the issues in this proceeding, and in particular Mr. Devine's handwritten notes of some of his conversations with Mr. Parks and others.
(These were previously produced by agreement of the par-ties and their counsel at Mr. Parks' deposition in August.)
We wish to question Mr. Devine concerning the circumstances of those conversations and Mr. Devine's knowledge of the subject matter discussed therein.
In some instances, Mr. Devine's help is nec-
'essary to read and " translate" the handwriting and abbreviations used in the notes.
The subpoena includes a direction that Mr. Devine produce any other related documents not already produced, but we believe that, apart from time records, Mr.Devine has no other documents.
Very truly yours, 8709062 C
G 05000320 J.dPatrickHickey Counsel for GPU Nu ear Enclosure s
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UNITED STATES OF AMERICA I
NUCLEAR REGULATORY COMMISSION Administrative Law Judge Ivan W. Smith In the Matter of
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GPU Nuclear. Corporation
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Docket No. 50-320
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EA-84-137 (Three Mile Island Nuclear
)
Station, Unit No. 2)
)
SUBPOENA In accordance with section 161(c) of the Atomic Energy Act, 42 U.S.C.
S 2201(c)-(1982), and 10 C.F.R.
5 2.720, Thomas A.
Devine is hereby ordered to attend and give testimony at deposi-tion upon oral examination by counsel for GPU Nuclear Corporation in.the above captioned proceeding.
The deposition will be held at Shaw, Pittman, Potts & Trowbridge, 2300 N Street, N.W.
(Third Floor), Washington, D.C.
20037 on Monday, September 21, 1987 at 9:00 a.m.
The deposition will be conducted before a Notary Pub-lic.
Thomas A. Devine is further ordered to produce at the depo-sition all notes, memoranda, files, and other documents in his possession, custody, or control not previously produced and i
relating to Mr. Richard Parks' activities and allegations relating to Three Mile Island or investigations of, inquiry into, or evaluation of such allegations, including specifically any 1
time records reflecting dates and times spent in connection with d
his representation of Mr. Parks in March through August, 1983.
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On motion-made promptly, and in ary event on or before O
3 September 11, 1987, and on notice to GPU' Nuclear Corporation, the s
Presiding Officet ~(or if the Presiding Officer is unavailable, s
the Commission) may (1) quash or modify the subpoena if it is
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unreasonable or requires hvidence not relevant to any matter or
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issue, or (2) condition denial of the motion on just and reason-able terms.
Such motions must be delivered to and in the pos-session of the Presiding Officer, counsel for GPU Nuclear Corpo-t ration, and counsel for the NRC Staff by September 11, 1987.
A copy of the order designating the issues in this proceeding is attached.
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4 Ivan W.
Smith Administrative Law Judge I
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Dated at Bethesda, Maryland
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this day of 1987.
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001.M E TEE' UNITED STATES OF AMERICA* AEJ 8/13/86 NUCLEAR REGULATORY COMMISENON ADMINISTRATIVE LAW JUDkCkETENUi3OV!YI Ivan W. Smith BW" 6
SERVED AUG//_1986 In the Matter of
)
General Public Utilities Nuclear
)
Docket No. 50-320 Corporation
)
License No. OPR-73
)
EA 84-137 (Three Mile Island, Unit No. 2)
[ASL8P No. 86-534-01-OL]
(Civil Penalty)
August 13, 1986 MEMORANDUM AND ORDER FOLLOWING PREHEARIN V
Counsel for General Public Utilities and Counsel for joined me in a prehearing conference at Bethesda, Maryland on 1986.
Discovery is authorized to begin imediately. The parties and I have agreed that discovery may be had under the following broad is ues:
1.
this proceeding due to the dismissal with prejudice o Department of Labor proceedings charging discrimination against Pa rks.
j 2.
Supervisor on FebruaryWhether Parks' replacement as Alternate Sta 23, 1983 Parks contrary to 10 CFR 9 50.7. constituted retaliation against 3.
March 14,1983Whether Parks' interview by Messrs. Hofmann and Wheeler o 10 CFR i 50.7. constituted retaliation against Parks contrary to j
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4 Whether Parks' removal as the primary Site Operations Department representative on the Test Working Group for the polar crane project on March 17, 1983 was involuntary and, if so, whether it constituted retaliation against Parks contrary to 10 CFR 5 50.7.
5.
Whether Parks' placement on leave of absence with pay on March 24,1983 i
10 CFR i 50.7. constituted retaliation against Parks contrary to 6.
Based on resolution of the issues (1).(5) above:
whether Licensee violated NRC requirements as set a.
forth in the Notice of Violation and Proposed Imposition of Civil Penalty issued on August 12, 1985; and b.
1986 Order Imposing Civil Penalty should be sustained.w Discovery, including answers to discovery requests, should be completed by February 1,1987.
The parties should prepare for an evidentiary hearing in the Spring s
of 1987 Further prehearing requirements will be addressed in subsequent orders.
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Ivan W. Smith ADMINISTRATIVE LAW JUDGE Bethesda, Maryland August 13, 1986
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 UNITED STATES OF AME.ICA NUCLEAR REGULATORY COMMISSION
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Ivan"W. Smith C00 U -
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In the Matter hf
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I GPU Nuclear 02rporation
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Docket No. 50-320
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.(Three Mile irland' Nuclear
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Station, Unit No. 2)
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SUBPOENA I
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.In accordance with section-161(c) of the Atomic Energy Act, j
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42 U.S.C. 5 2201(c)'(1982), and 10 C.F.R.'S 2,720, Thomas A.
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L1 Devine is hereby ordered to attend and givs testimony at deposi-
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. tion,upon oral examination by counsel for GPU Nuclear Corpota' tion 3
f'o tts above captioned proceeding.
The deposition will be held
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, at yh5w, Pittman, Potts & Trowbridge, 2300 N Street, N.W.
(Third Floor), Washington, D.C.
20037 on Monday, September 21, 1987 at 1
9:00 a.m.
The deposition will be conducted before a Notary Pub-t lic.
Thomas A.
Devine ist further ordered to produce at the-depo-sition all notes, memoranda,' files, and other documents in his possessibb, custody, or control not previously produced and
<&,,,relat ng to Mr. Richard Parks' activities and allegations i
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/,, ' relating to Three Mile Irland or investigations of, inquiry into,
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'>'n t-Cor,evalc.ation of such allegations, including specifically any
.I time recor'ds reflecting dates and times spett in connection with e
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his representation of Mr. Parks in March thrcugh August, 1983.
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On motion made promptly, and in any event on or before September 11, 1987, and on notice to GPU Nuclear Corporation, the l
Presiding Officer (or if'the Presiding Officer is unavailable, the Commission)'may'(1)' quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter or issue, or (2) condition denial of the motion on just and reason-able terms.
Such motions must be delivered to and in the pos-session'of the Presiding Officer, counsel for GPU Nuclear Corpo-ration, and counsel for'the NRC Staff by September 11, 1987.
A copy of the order designating the issues in this proceeding is.
attached.
/1,,j -
/M" Ivan W.
Smith Administrative Law Judge Dated at Bethesda, ar land this / " day of M
, 1987.
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- v) 00i.XETED UNITED STATES OF AMERICA S AEJ 8/13/86 NUCLEARREGULATORYCOMMISENUNE OFFICr '
ADMINISTRATIVE LAW JUDGIDCMETIWS 35V!U a"'
Ivan W. Smith 3h" save AUG/h986 In the Matter of
)
General Public Utilities Nuclear Docket No. 50-320 Corporation License No. DPR-73 EA 84-137 (Three Mile Island, Unit No. 2)
[ASLBPNo. 86-534-01-OL]
(Civil Penalty)
August 13, 1986 MEMORANDUM AND ORDER FOLLOWING PREHEARING CO Counsel for General Public Utilities and Counsel for th joined me in a prehearing conference at Bethesda, Maryland on July 1986.
Discovery is authorized to begin immediately. The parties and I have agreed that discovery may be had under the following broad issue 1.
this proceeding due to the dismissal with prejudice of th Department of Labor proceedings charging discrimination against Parks.
2.
Supervisor on FebruaryWhether Parks' replacement as Alternate Start 23, 1983 Parks contrary to 10 CFR 5 50.7. constituted retaliation against 3.
March 14, 1983Whether Parks' interview by Messrs. Hofmann and Wheeler on 10 CFR 6 50.7. constituted retaliation against Parks contrary to k
2 Whether Parks' removal as the primary Site Operations i
4 Department representative on the Test Working Group for the polar crane project on March 17, 1983 was involuntary and, if so, whether it constituted retaliation against Parks contrary to 10 CFR 9 50.7 5.
Whether Parks' placement on leave of absence with pay on March 24,1983 10 CFR 9 50.7. constituted retaliation against Parks contrary to 6,
8ased on resolution of the issues (1)-(5) above:
whether Licensee violated NRC requirements as set a.
forth in the Notice of Violation and Proposed Imposition of Civil Penalty issued on August 12, 1985; and b.
1986 Order Imposing Civil Penalty should be sustained
~
Discovery, including answers to discovery requests, should be completed by February 1,1987.
The parties should prepare for an evidentiary hearing in the Spring a
of 1987.
Further prehearing requirements will be addressed in subsequent orders.
/
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/
Ivan W. Smith ADMINISTRATIVE LAW JUDGE Bethesda, Maryland August 13, 1986 u-
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'3 " l il SHAW, PITTMAN, PoTTs & TROW $NIDGE A PAnthEnSMtp ihCLUDINO PoortSSiONAL Con *onATioNS 67 SEP.10 P 3 38 asoo ~.taccr. ~..
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September 3, 1987 HAND DELIVERY l
l' Mr.. Thomas Devine
. Government Accountability Project l
25 E Street, N.W.
Washington, D.C.
20001 i
In the Matter of l
GPU Nuclear Corporation (Three Mile Island Nuclear Station, Unit 2)
Docket No. 50-320; EA 84-137
Dear Mr. Devine:
Enclosed is a subpoena and witness fee check for your depo-sition in connection with the' Parks enforcement action now pend-ing before the Nuclear Regulatory Commission.
I have set the deposition for September 21-at 9:00 because NRC counsel and I are available then, but if that date is incon-venient, please contact me and I will attempt to reschedule it.
Please feel free to call if you have any questions.
Very truly yours, O.JO_
v- -
J.! atrick Hickey a
Counsel for GPU Nuclear Enclosures cc: (w/ enclosure)
George Johnson, Esq.
Nuclear Regulatory Commission
UNITED STATES OF AMERICA em a NUCLEAR REGULATORY COMMISSION
W Before the Administrative Law Judge 07 SEP 10 P3 :18 In the Matter of
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GPU Nuclear Corporation
)
Docket No. 50-320 W N'
)
EA-84-137 (Three Mile Island Nuclear-
)
-Station, Unit No. 2)
)
AFFIDAVIT OF VICTOR M.
FRANK Victor M.-Frank, being duly sworn according to law, deposes and states as follows:
1.
My name is Victor M. Frank.
My business address is 2300 N Street, N.W.,
Washington, D.C.
20037.
I am 24 years old and am not a party to the above-captioned proceeding.
2.
On September 8, 1987, I delivered by hand to Thomas A.
Devine at the offices of the Government. Accountability Project at 25 E Street, N.W., Washington, D.C.
20555, the NRC subpoena dated September 2, 1987 for his deposition in the above-captioned proceeding, and tendered to Mr. Devine the witness fee.
This af-i fidavit is executed as proof of service of the subpoena in accor-dance with 10 C.F.R.
S 2.720.
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L4 b Victor M.
Frank Subscribed and sworn to before me this 9 day of I
Jc4W 1987.
Qt& 0.&w Not'ary Public My Commission expires:
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'87 SEP 10 P3 :18 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION g;
COL-i Before the Administrative Law Judge E
In the Matter of
)
)
GPU Nuclear Corporation
)
Docket No. 50-320
)
License No. DPR-73
)
EA-84-137 (Three Mile Island Nuclear
)
Station, Unit No. 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the attached (1) Letter from J. Patrick Hickey to Ivan W.
Smith dated September 2, 1987, (2)
Subpoena dated September 2, 1987 for the deposition of Thomas A.
Devine, (3) Letter from J.
Patrick Hickey to T.
Devine dated September 3, 1987, and (4) Affidavit of Victor M.
Frank dated September 9, 1987, were served by deposit in the United States Mail, First Class, postage prepaid, this 9th day of September, 1987 to the following persons:
Ivan Smith, Esquire Administrative Law Judge Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Branch Office of the Secretary U.S. Nuclear Regulatory Commission Washington, D.C.
20555 George E. Johnson, Esquire Office of the General Counsel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Barbara A.
Zuras, Esq.
Hoberg, Finger, Brown, Cox & Molligan 703 Market Street, 18th Floor San Francisco, CA 94103 I
i Thomas Devine, Esq.
Government Accountability Project 25 E Street, N.W.--7th Floor Washington, D.C.
20001 f
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David R. Lewis Counsel for GPUN i,
_ _ _ _ _ - -