ML20246H178

Fowards Direct Testimony of Nk Hunemuller & Ja Zwolinski in Support of NRC 880615 Order & Direct Testimony of WE Flynn & Ej Cone.Nrc Has Also Applied for Issuance of Subpoenas for Ae Talley,L Jambor & N Pardo.W/O Encls

ML20246H178
Person / Time
Site:	05508347
Issue date:	05/09/1989
From:	Johari Moore NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Cotter B, Foreman H, Kline J Atomic Safety and Licensing Board Panel
References
CON-#289-8592 TAC-68699, TAC-68700, NUDOCS 8905160022
Download: ML20246H178 (2)

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% TL B. Paul Cotter, Jr., Chairman Dr. Harry Foreman l

Administrative Judge Administrative Judge ftomic Safety and Licensing Board 1564 Burton Avenue l

U.S. Nuclear Regulatory Commission St. Paul, MN 55108 l

Washington, DC 20555 Dr. Jerry R. Kline 1

Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 l

In the Matter of MAURICE P. ACOSTA, JR.

Docket No. 55-08347

Dear Administrative Judges:

Enclosed please find copies of the " Direct Testimony of Neil K. Hunemuller and John A. Zwolinski in Support of the NRC Staff's Order of June 15, 1988" and of the " Direct Testimony of Dr. William E. Flynn and Dr. Edward J. Cone." These documents constitute the Staff's written testimony in the :.bove-captioned proceeding.

In addition, the Staff has applied for the issuance of subpoenas to three individuals: Mr. Albert Eugene Talley of Southern California Edison Co., Dr.

Louis Jambor of SmithKline Bio-Science Laboratories, and Mr. Nissan Pardo of Mr. Talley will testify as to Southern Central Diagnostic Laboratory (SCE) programs and policies related to the use of California Edison Company's controlled substances; the implementation of those programs and policies at the San Onofre Nuclear Generating Station; and all actions taken by SCE with respect to Mr. Acosta after each of his positive drug tests pursuant to these and any related programs and policies.

Dr. Jambor and Mr. Pardo will testify as to the record keeping practices of the laboratories by which they are employed with respect to analyses of drug tests performed by Southern California Edison Company. The information set forth above with respect to Dr. Jambor and Mr. Pardo supplements the Staff's response to Interrogatory 1 of Mr. Acosta's Interrogatories to the Staff.

Since these individuals are being subpoenaed, the Staff is unable to file their written testimony.

The Board also requested that the parties attempt to file a stipulation of facts. On April 7, 1989, Staff counsel forwarded a proposed stipulation of facts to Counsel for Mr. Acosta. The Staff has not received any word at all regarding this proposed stipulation, despite a number of attempts to reach Mr.

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! Acosta's counsel. Therefore, the Staff is unable to submit any stipulation to i

the Board.

Sincerely, LDtM C 1,

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Janice E. Moore Counsel for NRC Staff cc w/

Enclosures:

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