ML20247B347
| ML20247B347 | |
| Person / Time | |
|---|---|
| Issue date: | 05/22/1989 |
| From: | Bechhoefer C Atomic Safety and Licensing Board Panel |
| To: | NRC OFFICE OF THE GENERAL COUNSEL (OGC), ORION CHEMICAL CO., WRANGLER LABORATORIES |
| References | |
| CON-#289-8633, REF-QA-99990004-890522 89-582-01-SC, 89-582-1-SC, EA-87-223, NUDOCS 8905240097 | |
| Download: ML20247B347 (5) | |
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'89 ' MY 22 - P 1 :4' 6' UNITED' STATES OF AMERICA n n i- ,
NUCLEAR REGULATORY COMMISSION - dOCiffi:rd .q i.h.g
~ Se t.m y ATOMIC SAFETY AND LICENSING BOARD
'{ Before Administrative Judges: SERVED MAY 221989!
Charles Bechhoefer, Chairman Dr. Jerry R. Kline -1 Frederick J. Shon Docket No. 9999004 l In the Matter of-(General License (*
WRANGLER LABORATORIES, Authority:of 10 C.F.R.
LARSEN LABORATORIES, 9 40.22)
ORION CHEMICAL COMPANY AND JOHN P. LARSEN E.A.87-223 ASLBP.No. 89-582-01-SC May 22, 1989 MEMORANDUM AND ORDER (Telephone Conference' Call. 5/19/89)
On May 17, 1989, the NRC Staff filed a motion to compel the deposition testimony of Dr. Narayani P. Singh, who had been identified as a potential expert witness for the Licensees but had refused to be deposed by the Staff.
Because Dr. Singh's deposition had been scheduled to take
-place on Thursday, May 25, 1989, the Board held a telephone i J
conference call on Friday, May 19, 1989, to resolve this motion prior to the scheduled deposition date.
Participating in the call were the three Board members, Mr.
John Larsen, on behalf of the Licensees, and Ann Hodgdon, 1
-Ewq. and Mr. Norman Romney, NRR, on behalf of the NRC Staff.
8905240097 890522 M REG 4 GA999 EXIWRANQ .
99990004 PDR
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At the outset of the call, the Licensing Board Chairman described the content of several telephone calls in which he had participated. On Wednesday, Nay 17, 1989, the Board Chairman was called by Mr. Larsen and advised that he (Larsen) was having difficulty in arranging for Dr. Singh (previously identified as an expert witness for the Licensees) to appear as a witness. Mr. Larsen also advised that Dr. Singh had refused to be deposed by the Staff (the deposition having been scheduled for the following Thursday, May 25, 1989). (Mr. Larsen stated that he had informed Staff Counsel that he was going to make this telehone call.)
On Thursday, May 18, 1989, the Board received a motion by the NRC Staff, dated May 17, 1989, to compel the deposition testimony of Dr. Singh. On the same day, the Board Chairman called Mr. Larsen and Staff Counsel to set up a conference call on May 19, 1989, to resolve the Staff's motion. During the call to Mr. Larsen, Mr. Larsen suggested that Dr. Singh join the conference call.
The Board Chairman thereupon telephoned Dr. Singh concerning scheduling of t he conference call. Dr. Singh advised that, for'various reasons, he did not wish to appear as a witness for Mr. Larsen and, accordingly, did not wish to participate in the conference call. The Board chairman then called Mr. Larsen and advised him, prior to the
3-conference call, to clarify the status of Dr. Singh as his (Larsen's) expert witness.
During the conference call, the Board indicated that, under NRC Rules, the Staff was entitled to take the deposition of opposing witnesses and, unless Dr. Singh was willing to be deposed, he could not appear as Mr. Larsen's witness. Mr. Larsen stated that, at the urging of the Board Chairman, he had contacted Dr. Singh and that Dr. Singh had declined to appear as Mr. Larsen's expert witness. The Staff advised that it only wished to take Dr. Singh's deposition if he were to appear as a witness. In these circumstances, the Board dismissed the Staff's motion, with the understanding that Dr. Singh would not appear as an expert witness.
The Staff advised that it would no longer seek to depose Mr. Larsen's other witnesses (presently scheduled for May 26, 1989) and would file a notice to that effect. Mr.
Larsen agreed to notify the other witnesses by telephone.
The Staff advised Mr. Larsen that, since he had a degree in chemistry, he could perhaps serve as his own expert witness. The Staff suggested that, if Mr. Larsen elected to appear as an expert, he file a statement of his training and professional qualifications when he filed his direct testimony.
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The Board reminded Mr. Larsen that his direct testimony was scheduled to be filed on May 22, 1989. The Board also discussed with the parties the manner in which certain documents were to be authenticated and introduced into evidence. The Staff advised that it would attempt to stipulate with Mr. Larsen the admission into evidence of an affidavit of one of its witnesses, Mr. Michael A. Lamastra, NMSS.
Accordingly, it is , this 22nd day of May, 1989 ORDERED:
- 1. The Staff's Motion to Compel Deposition of Dr.
Narayani P. Singh, dated May 17, 1989, is hereby dismissed, subject to the understanding that Dr. Singh will not appear as a witness for the Licensees.
- 2. The Staff's request to take the depositions of Messrs. Kevin Noach, John P. Larsen and Michael J. Larsen is hereby withdrawn.
FOR THE ATOMIC SAFETY AND LICENSING B3ARD L& & c./
Charles Bechhoefer, Chgirman ADMINISTRATIVE JUDGE l
Bethesda, Maryland May 22, 1989
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION i
In the Matter of I I
i WRANGLER LAB.. LARSEN LAB.. ORION I Docket No.(s) 9999004 i CHEMICAL COMPANY AND JOHN P. LARSEN I (General Lic. Auth, of 10 CFR 40.22 1 E, A.87-223) l I
CERTIFICATE OF SERVICE I hereby certify that copies of the forecoino LB M&O (TELECONF 5/19/89) have been served upon the followino persons by U.S. mail, first class except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712..
Administrative Judae Administrative Judge Charles Bechhoefer. Chairman Jerry R. Kline Atomic Safety and Licensino Board Atomic Safety and Licensino Board U.S. Nuclear Reculatory Commission U.S. Nuclear Reculatory Commission Washinoten. DC 20555 Washincton. DC 20555 Administrative Judoe ;
Frederick J. Shon Office of the General Counsel 1 Atomic Safety and Licensino Board U.S. Nuclear Reculatory Commission U.S. Nuclear Reculatory Commission Washinoten. DC 20555 Washinoton, DC 20555 John P. Larsen Orion Chemical Company 3853 North Sherwood Drive Prove. UT 84604 i Dated at Rockville. Md. this 22 day of May 1989
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