ML20101S995

Application for Issuance of Subpoena Duces Tecum to C Van Vo to Appear & Produce Documents for Deposition on 850226 in Raleigh,Nc.Related Correspondence

ML20101S995
Person / Time
Site:	Harris
Issue date:	02/01/1985
From:	Baxter T CAROLINA POWER & LIGHT CO., NORTH CAROLINA MUNICIPAL POWER AGENCIES, SHAW, PITTMAN, POTTS & TROWBRIDGE
To:
Shared Package
ML20101S981	List: ML20101S979 ML20101S995 ML20101T012
References
OL, NUDOCS 8502050758
Download: ML20101S995 (6)

Text

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February 1,~19895

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UNITED STATES OF AMERICA .7 NUCLEAR REGULATORY COMMISSION ~:; 49 ;5p

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD C l

In the Matter of )

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CAROLINA POWER & LIGHT COMPANY ) Docket No. 50-400 OL and NORTH CAROLINA EASTERN )

MUNICIPAL POWER AGENCY )

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(Shearon Harris Nuclear Power ) i Plant) ) l APPLICATION FOR ISSUANCE OF SUBPOENA DUCES TECUM l

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Pursuant to 10 C.F.R. S 2.720, Applicants Carolina Power &

Light Company and North Carolint Eastern Municipal Power Agency hereby apply to t'he Atomic Safety and Licensing Board for the issuance of a Subpoena Duces Tecum to Chan van Vo (also known as Van Vo Davis) for the purpose of requiring the above-mentioned individual to appear and produce documents for a deposition scheduled to commence on February 26, 1985 at 10:00 a.m. A/ copy of the proposed Subpoena is attached.

Mr. Van Vo's testimony and the documents requested are relevant to the issues raised in Eddleman Contention 41-G; spe-cifically, allegations'made by Mr. van Vo are the sole basis for said Contention.

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Wherefore, Applicants respectfully request that the chair-man of the Licensing Board issue a Subpoena Duces Tecum in the form attached hereto directing Mr. Van Vo to appear for deposi-tion and to produce the documents described in the Subpoena at his February 26, 1985 deposition.

Re ectf lly s bmie ed, Thoma A. Baxter, P.C.

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John

'SHAW, ..O'Neill, Jr., P.C.NBRIDGE ITTMAN, POTTS & TRO li(0 Street, N.W.

Wash ngton, D.C. 20036 (202)822-1000 Richard E. Jones CAROLINA POWER & LIGHT COMPANY P.O. Box 1551 Raleich, North Carolina 27602 (919)836-7707 Counsel for Applicants Dated: February 1, 1985 l

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- RELATED CORRESPONDEME C

February 1, 1985 C:. lp.QTlD u

UNITED STATES OF AMERICA _,

NUCLEAR REGULATORY COMMISSION GJ ,

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BEFORE THE ATOMIC SAFETY AND LICENSING BOARDO. -

In the Matter of )

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CAROLINA POWER & LIGHT COMPANY ') Docket No. 50-400 OL and NORTH CAROLINA EASTERN )

MUNICIPAL POWER AGENCY )

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(Shearon Harris Nuclear Power ).

Plant) )

SUBPOENA DUCES TECUM THE NUCLEAR REGULATORY COMMISSION and JAMES L. KELLEY, CHAIRMAN, ATOMIC SAFETY AND LICENSING BOARD, TO:

Chan Van Vo (a/k/a Van Vo Davis) 514 York Road Fayetteville, North Carolina 28303 You are.aereby commanded to appear at a deposition com-mencing at 10:00 a.m. on Tuesday, February 26, 1985 at the of-fices of Carolina Power & Light Company, Corporate Legal De-partment, 411 Fayetteville Street Mall, Raleigh, North Carolina 27602 and to continue thereafter until completed. The subject matter of the deposition, to be conducted by Applicants Carolina Power & Light Company and North Carolina Eastern Mu-nicipal Power Agency, relates to issues raised by Eddleman Con-tention 41-G in the above captioned proceeding.

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e You are further commanded to produce the below-described documents at said deposition for inspection and copying by Counsel for Applicants:

1. All documents (as used herein, " documents" shall mean all. writings and records of every type including, but not lim-ited to memoranda, correspondence, reports, surveys, tabu-lations, charts, books, pamphlets, photographs, maps, bulle-tins, minutes, notes, speeches, articles, transcripts, voice recordings and all other writings or recordings of any kind) in your possession, custody or control upon which you rely in al-leging that you were' subject to harassment by Carolina Power &

Light Company for raising nuclear safety concerns.

2. All documents in your possession, custody or. control upon which you rely in alleging that Carolina Power & Light Company ignored nuclear safety concerns which you sought to raise.

3. All documents in your possession, custody or control upon which you rely in alleging that your employment with Carolina Power & Light Company was terminated because you sought to raise nuclear safety concerns and not because of poor job performance.

4. All documents in your possession, custody or control upon which you rely to substantiate the claims set forth in Paragraphs 9 through 15 of your Affidavit dated October 6, 1984, relating to'the " cold pulling" of a pipe.

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5. All documents in your possession, custody or control upon which you rely to substantiate the claims set forth in l Paragraphs 18 through 21 of your Affidavit dated October 6,  !

1984 relating to pipe hanger material traceability issues.

6. All documents in your possession, custody or control l prepared by you and addressed to your former supervisors at the Shearon Harris Plant or to any other person employed or former-ly employed by Carolina Pcwer & Light Company, and all docu-ments addressed or forwarded to you by any of the aforementioned individuals.

7. -All documents in your possession, custody or control describing, discussing or relating in any way to any meetings, conversations or discussions of any nature between you and (1) your former supervisors at the Shearon Harris Plant and (2) any other person employed or formerly employed by Carolina Power &

Light Company.

You have been subpoenaed by Applicants Carolina Power &

Light Company and North Carolina Eastern Municipal Power Agen-cy. .

Pursuant to the Commission's regulations, 10 C.F.R. S 2.720(f), on motion made by you promptly, and in any event be-fore 10:00 a.m., on February 26,-1985, and on notice to Counsel for Applicants, the Chairman of the Atomic Safety and Licensing Board, or, if he is unavailable, any alternative Chairman may (1) quash or modify the Subpoena if it is unreasonable or re-quires evidence not relevan't to any matter in issue, or (2) condition denial of.the motion on_just and' reasonable grounds.

e YOU ARE HEREBY NOTIFIED THAT ANY FAILURE TO OBEY THIS SUB-

.POENA MAY BE DEEMED A CONTEMPT AND APPROPRIATE SANCTIONS MAY BE ORDERED.

DATED THIS day of , 1985.

ATOMIC SAFETY AND LICENSING BOARD By:

James L. Kelley, Chairman a

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