ML20248D573
| ML20248D573 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 07/03/1989 |
| From: | Kohn S KOHN, KOHN & COLAPINTO, P.C. (FORMERLY KOHN & ASSOCIA |
| To: | NRC COMMISSION (OCM) |
| Shared Package | |
| ML20248D557 | List: |
| References | |
| NUDOCS 8908110080 | |
| Download: ML20248D573 (2) | |
Text
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v UNITED STATES OF AMERICA JC'.Fi;E NUCLEAR REGULATORY COMMISSION
'a NkC
)
- 89 July 5 A9:26 l
l In re JOSEPH J. MACKTAL
)
OI-4-89-008
)
6F40 -
- j,, y DOCKL;k6 5
- iinymr MOTION FOR RECONSIDERATION E ' '%i Mr. Macktal hereby petitions the NRC for i
Reconsideration of its January 22, 1989 Order for the following reasons:
1.
The NRC subpoena was filed for improper purposes.
See e.g., U.S. v.Powell 85 S.Ct. 248 (1965);
2.
The NRC lacks jurisdiction over matters presently before the Department of Labor ( DOL").
See e.g.
CLI-89-06 (April 20, 1989);
3.
The NRC attempted to sabotage Macktal's case i
before the DOL.. Specifically, the findings of NRC staff and commission that the Macktal settlement was legal was utilized by Brown & Root Inc.
in an attempt to have the Secretary of Labor (" SOL")("B & R")le ru against Macktal; 4.
For reasons set forth in our motion for recusation also filed with the NRC today; l
5.
The NRC's failure to take into account Mr.
Macktal's requests to be a witness before ASLB proceedings which is currently being contested in the U.S. Courts of Appeal for the Fifth and D.C.
Circuits; 6.
The NRC's issuance of the subpoena as a sole consequence of acquiescing to political pressure.
SEC
- v. Wheeling-Pittsburgh Steel Co.,
648 F.2d 118, (3rd 4
Cir. 1981) ;
y 7.
The NRC has stated that Mr. Macktal failed to provide information to the NRC.
This is a distortion of the facts.
Mr. Macktal has freely testified before the U.S.
Senate.
He provided testimony to staff in 1986.
Staff was aware that Macktal did not brief them t
as to information on harassment and intimidation.
j Staff did not care about these concerns in 1986, 1987, 1988 or the first part of 1989.
Only after the U.S.
-i Senate became involved with this case did staff or the NRC renew its interest in matters.
890GJ10080 890703
-I PDR COMMS NRCC CORRESPONDENCE PDR 1
?
$i b
'8.
The'NRC is improperly issuing a subpoena while
+
there is an on
' investigation.~ going Department.of Justice U.S. v. LaSalle Nat. Bank, 98 S.Ct.
i 2357 (1978); Donaldson v.
U.S., 91 S.Ct. 534.(1971).
i.
Mr. Macktal requests oral argument.
Mr..Macktal L
further requests that for the above-stated reasons the subpoena issued by OI be quashed in its entirety.
i Respectf suba
- ted, i
I StepN6n M. Kohn Michael D. Kohn KOHN, KOHN & COLAPINTO, P.C.
526 U Street, N.W.
Washington, D.C. 20001 (202) 234-4663 Attorneys for J. Macktal i
l July 3, 1989 s
1 I
i l
l 4
i I