ML20248D489
| ML20248D489 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 06/13/1989 |
| From: | Kohn S KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | NRC OFFICE OF THE SECRETARY (SECY) |
| References | |
| CON-#389-8988 NUDOCS 8908110056 | |
| Download: ML20248D489 (4) | |
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NUCLEAR REGULATORY COMMISSION d/
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4-89-008 Qi NRC INVESTIGATION
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l}Th MOTION FOR PROTECTIVE ORDER On June 5, 1989 Mr. Macktal was served with a subpoena issued by Mr. Ben Hayes, Director, Office of Investigation (OI).
By letter and motion of June 9, 1989 and telephone L
conversation of June 12, 1989 counsel for Mr. Macktal attempted to discuss the terms of the subpoena with a representative of OI.
Mr.-Macktal's counsel informed Mr. Donald Driskill of OI that Mr. Macktal could only attend his deposition if it occurred.in Washington, D.C.
Mr. Macktal is presently unemployed and indigent.
He cannot afford the costs of flying counsel to Texas, housing counsel and providing local 1
transport for counsel.
Instead, he would prefer to drive to Washington, D.C. and be deposed in Washington.
Conducting his deposition in the District of Columbia would save Mr.
Macktal a considerable sum of money.
Mr. Driskill denied this request.
Mr. Macktal's counsel also requested that the deposition be conducted confidentially and that Mr.
Macktal's status as a confidential allegee on this matter be preserved.
Mr. Driskill responded that OI would not grant Mr.
Macktal confidentiality as he had " talked to all the 8908110056 890613 PDR COMMS NRCC CORRESPONDENCE PDR 43 '
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If OI truely-believed that Mr. Macktal had already provided all of his allegations to the press, the deposition of Mr. Macktal would not be needed.
OI could simply review the public-record concerning Mr. Macktal.
If OI is interested in
-obtaining information from Mr.'Macktal which is not on the i
public record, then Mr. Macktal requests confidentiality as to those allegations.
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Mr. Macktal has also been requested to bring to the deposition certain documents.
Mr. Macktal and his counsel-needia reasonable period of time to review said documents and make a determination as to whether said documents are privileged.
Mr. Macktal is a whistleblower, who at great personal risk,.has challenged the " hush money" practices of certain utilities.
Mr.tMacktal hereby incorporates by inference the entirc administrative record filed with the Commission concerning this matter.
See NRC Doc. No. 50-445-SOL; 50-446-SOL and 50-445-CPA.
Without waiving any objection which may be raised at the deposition, and for good cause shown Mr. Hacktal hereby requests the following relief:
1.
That his deposition be taken in the District of Columbia at 57,6 U Street, N.W., Washington, D.C.
20001; j
2.
That his testimony shall remain confidential; 3.
That Mr. Macktal be given 30 days notice of said deposition in order to prepart for said deposition and assemble documents for said depostion.
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Pt Respectfully submitted, Stephen M. Kohn Michael D. Kohn Counsel for Mr. Macktal June 13, 1989 l
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%g The attached motion was served on June 13, 1989 f ',-
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Hand-Delivery on the Secretary of the Commission c/o NRC, 2120 L Street, H.W.(Lower Level), Washington, D.C.
and by U.S. mail to:
Secretary of the Commission Nuclear Regulatory Commission Washington, D.C.
20555 By:
Stephen M.
Kohn i
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