Exceptions & Objections to 860110 Order Re Ex Parte Communication.P Mirello Expressed Intent to Keep 860101 Ltr Confidential.Neither Branch of Ex Parte Communication Test Reached.W/Certificate of SvcML20140D182 |
Person / Time |
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Site: |
Harris ![Duke Energy icon.png](/w/images/7/75/Duke_Energy_icon.png) |
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Issue date: |
01/21/1986 |
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From: |
Runkle J CONSERVATION COUNCIL OF NORTH CAROLINA |
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To: |
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Shared Package |
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ML20140D169 |
List: |
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References |
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OL, NUDOCS 8601290206 |
Download: ML20140D182 (7) |
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Category:LEGAL TRANSCRIPTS & ORDERS & PLEADINGS
MONTHYEARML20217L8481999-10-25025 October 1999 NRC Staff First Supplemental Response to Applicant First Set of Discovery Requests to NRC Staff.* Staff Objects to Document Request as Being Overly Broad & Unduly Burdensome. with Certification of Svc ML20217H9661999-10-20020 October 1999 NRC Staff Second Supplemental Response to Orange County First Set of Discovery Requests to NRC Staff.* Listed Documents Requested to Be Produced.With Certificate of Svc. Related Correspondence ML20217E0881999-10-18018 October 1999 Order (Granting Discovery Extension Request).* Board of Commission of Orange County 991013 Motion for Extension of 991031 Discovery Deadline,Granted,In That Parties Shall Have Up to 991104.With Certificate of Svc.Served on 991018 ML20217F7711999-10-17017 October 1999 Corrected Notice of Deposition of SE Turner.* Orange County Gives Notice That on 991104 Deposition Upon Oral Exam of Turner Will Be Deposed with Respect to Contention TC-2. Related Correspondence ML20217F7681999-10-17017 October 1999 Orange County Third Set of Discovery Requests to NRC Staff.* Submits Third Set of Discovery Requests & Requests Order by Presiding Officer That Discovery Be Answered within 14 Days. with Certificate of Svc.Related Correspondence ML20217D6181999-10-14014 October 1999 Request for Entry Upon Harris Site.* Staff Hereby Requests That Applicant,Cp&L Permit Entry Into Shearon Harris Nuclear Plant,For Viewing & Insp of Plant Spent Fuel Pool Bldg. with Certificate of Svc.Related Correspondence ML20217E2611999-10-13013 October 1999 Orange County Second Suppl Response to Applicant First Set of Discovery Requests & First Suppl Response to NRC Staff First Set of Discovery Requests.* Clarifies That G Thompson Sole Witness.With Certificate of Svc.Related Correspondence ML20217E2581999-10-13013 October 1999 Orange County Motion for Extension of Discovery Deadline.* Orange County Requests Extension of 991031 Deadline for Concluding Discovery Proceeding.Extension Needed to Permit Dispositions of Two CP&L Witnesses.With Certificate of Svc ML20217E1461999-10-13013 October 1999 Request for Entry Upon Harris Site.* Entry Requested for Purpose of Inspecting SFP Bldg & Associated Piping.With Certificate of Svc.Related Correspondence ML20217D5561999-10-13013 October 1999 Applicant Second Set of Discovery Requests Directed to Board of Commissioners of Orange County.* Applicant Requests Answers to Listed Interrogatories & Requests for Admission. with Certificate of Svc.Related Correspondence ML20217D5761999-10-13013 October 1999 Applicant Third Supplement Response to Board of Commissioners of Orange County First Set of Discovery Requests.* Provides Addl Responses to General Interrogatory 3.With Certificate of Svc.Related Correspondence ML20217D6201999-10-12012 October 1999 NRC Staff Response to Applicant First Set of Discovery Requests to NRC Staff.* Staff Will Respond to Applicant Specific Requests within 30 Days of Receipt of Applicant Requests.With Certificate of Svc.Related Correspondence ML20217D5661999-10-12012 October 1999 NRC Staff First Supplemental Response to Orange County First Set of Discovery Requests to NRC Staff.* Supplements Response by Naming C Gratton as Person Likely to Provide Affidavit.With Certificate of Svc.Related Correspondence ML20212M0271999-10-0707 October 1999 Notice (Opportunity to Make Oral or Written Limited Appearance Statements).* Board Will Entertain Oral Limited Appearance Statements Re CP&L 981223 Amend Request. with Certificate of Svc.Served on 991007 ML20212L1441999-10-0505 October 1999 NRC Staff Response to Orange County First Set of Discovery Requests to NRC Staff.* Staff Is Now Voluntarily Providing Responses to Orange County'S Request for Production of Documents.With Certificate of Svc.Related Correspondence ML20212J0801999-09-29029 September 1999 Orange County Second Set of Document Requests to NRC Staff.* Submits Second Set of Document Requests to NRC Pursuant to 10CFR2.744 & Board Memorandum & Order,Dtd 990729.With Certificate of Svc.Related Correspondence ML20212G0001999-09-24024 September 1999 Applicant First Set of Discovery Requests Directed to NRC Staff.* Requests Access to Documents Given to Board of Commissioners by Staff Pursuant to 990920 Discovery Request. with Certificate of Svc.Related Correspondence ML20212G0081999-09-24024 September 1999 Applicant First Suppl Response to Board of Commissioners of Orange County First Set of Discovery Requests.* Suppl Provides Addl Responses to General Interrogatories 2 & 3. with Certificate of Svc.Related Correspondence ML20212D7151999-09-20020 September 1999 Applicant Response to General Interrogatories & General Document Requests in NRC Staff First Set of Discovery Requests.* CP&L Filing Responses Per Staff Request within 14 Days....With Certificate of Svc.Related Correspondence ML20212D8521999-09-20020 September 1999 Orange County First Set of Discovery Requests to NRC Staff Including Request for Order Directing NRC Staff to Answer Certain Discovery Requests.* with Certificate of Svc. Related Correspondence ML20212C1231999-09-17017 September 1999 Orange County Responses to Applicant First Set of Document Production Request.* Orange County Has No Documents Responsive to Request.With Certificate of Svc.Related Correspondence ML20211N7481999-09-10010 September 1999 NRC Staff First Set of Discovery Requests Directed to Applicant Cp&L.* Staff Requests Applicant Produce All Documents Requested by & Provided to Bcoc. with Certificate of Svc.Related Correspondence ML20211N5021999-09-0808 September 1999 Orange County Objections & Responses to NRC Staff First Set of Discovery Requests.* County Objects to Questions to Extent That Staff Seek Discovery Beyond Scope of County Two Contentions.With Certificate of Svc.Related Correspondence ML20211M4201999-09-0707 September 1999 Applicant Response to Specific Document Requests in Board of Commissioners of Orange County First Set of Discovery Requests.* with Certificate of Svc.Related Correspondence ML20211M5001999-09-0303 September 1999 Orange County Supplemental Response to Applicant First Set of Interrogatories.* with Certificate of Svc.Related Correspondence ML20211H4931999-08-30030 August 1999 Orange County Objections to Applicant First Set of Discovery Requests & Response to Applicant First Set of Interrogatories.* Objects to First Set of Discovery Requests.With Certificate of Svc.Related Correspondence ML20211B7951999-08-23023 August 1999 NRC Staff First Set of Discovery Requests Directed to Board of Commissioners of Orange County (Bcoc).* Staff Requests That Bcoc Produce All Documents Requested by Applicant. with Certificate of Svc.Related Correspondence ML20211B8361999-08-23023 August 1999 Applicant Response to General Interrogatories & General Document Requests in Board of Commissioners of Orange County First Set of Discovery Requests.* with Certificate of Svc. Related Correspondence ML20210T3531999-08-16016 August 1999 Applicant First Set of Discovery Requests Directed to Board of Commissioners of Orange County (Bcoc).* CP&L Requests That Bcoc Answer Listed General Interrogatories by 990830. with Certificate of Svc.Related Correspondence ML20210L9571999-08-0606 August 1999 Orange County First Set of Discovery Requests Directed to Applicant.* Interrogatories & Document Production Requests Cover All Info in Possession,Custody & Control of Cp&L.With Certificate of Svc.Related Correspondence ML20216E2041999-07-29029 July 1999 Memorandum & Order (Granting Request to Invoke 10CFR Part 2, Subpart K Procedures & Establishing Schedule).* Board Grants Carolina Power & Light Co 990721 Request to Proceed Under Subpart K.With Certificate of Svc.Served on 990730 ML20210B2271999-07-21021 July 1999 Applicant Request for Oral Argument to Invoke Subpart K Hybrid Hearing Procedures & Proposed Schedule.* Applicant Recommends Listed Schedule for Discovery & Subsequent Oral Argument.With Certificate of Svc ML20209G7371999-07-16016 July 1999 Notice of Hearing (License Amend Application to Expand Sf Pool Capacity).* Provides Notice of Hearing in Response to Commissioners of Orange County Request for Hearing Re CP&L Amend Application.With Certificate of Svc.Served on 990716 ML20209D1791999-07-12012 July 1999 Memorandum & Order (Ruling on Standing & Contentions).* Grants Petitioner 990212 Hearing Request Re Intervention Petition Challenging CP&L 981223 Request for Increase in Sf Storage Capacity.With Certificate of Svc.Served on 990712 ML20212J5831999-07-0101 July 1999 Notice of Appearance.* Informs That SL Uttal Will Enter Appearance in Proceeding Re Carolina Power & Light Co.Also Encl,Notice of Withdrawal for ML Zobler,Dtd 990701. with Certificate of Svc ML20196A8751999-06-22022 June 1999 Order (Corrections to 990513 Prehearing Conference Transcript).* Proposed Corrections to Transcript of Board 990513 Initial Prehearing Conference Submitted by Petitioner & Application.With Certificate of Svc.Served on 990622 ML20207D6991999-05-27027 May 1999 Orange County Proposed Corrections to Transcript of 990113 Prehearing Conference.* Orange County Submits Proposed Corrections to Transcript of Prehearing Conference of 990513.With Certificate of Svc ML20207D6651999-05-27027 May 1999 Applicant Proposed Corrections to Prehearing Conference Transcript.* ASLB Ordered That Any Participant Wishing to Propose Corrections to Transcript of 990513 Prehearing Conference Do So by 990527.With Certificate of Svc ML20207D6891999-05-27027 May 1999 Orange County Response to Applicant Proposed Rewording of Contention 3,regarding Quality Assurance.* County Intends to Renew Request for Admission of Aspect of Contention.With Certificate of Svc ML20206R8731999-05-20020 May 1999 Memorandum & Order (Transcript Corrections & Proposed Restatement of Contention 3).* Any Participant Wishing to Propose Corrections to Transcript of 990513,should Do So on or Before 990527.With Certificate of Svc.Served on 990520 ML20206R2411999-05-13013 May 1999 Transcript of 990513 Prehearing Conference in Chapel Hill,Nc Re Carolina Power & Light Co.Pp 1-176.Supporting Documentation Encl ML20206H9331999-05-11011 May 1999 Notice (Changing Location & Starting Time for Initial Prehearing Conference).* New Location for Conference, Southern Human Resources Ctr,Main Meeting Room,Chapel Hill, Nc.With Certificate of Svc.Served on 990511 ML20206G4051999-05-0505 May 1999 Applicant Answer to Petitioner Board of Commissioners of Orange County Contentions.* Requests That Technical Contentions in Section III & Environ Contentions in Section IV Not Be Admitted.With Certificate of Svc ML20206F9491999-05-0505 May 1999 NRC Staff Response to Orange County Supplemental Petition to Intervene.* None of Petitioner Proposed Contentions Meet Commission Requirements for Admissible Contention.Petitioner 990212 Request Should Be Denied.With Certificate of Svc ML20206A0851999-04-22022 April 1999 Erratum to Orange County Supplemental Petition to Intervene.* Citation to Vermont Yankee LBP-87-17,should Be Amended to Read Vermont Yankee Nuclear Power Co (Vermont Yankee Nuclear Power Station).With Certificate of Svc ML20205Q8121999-04-21021 April 1999 Order (Granting Motion to Relocate Prehearing Conference).* Initial Prehearing Conference Will Be Held in District Court of Orange County Courtroom,Chapel Hill,Nc on 990513 as Requested.With Certificate of Svc.Served on 990421 ML20196K8771999-04-0505 April 1999 Orange County Supplemental Petition to Intervene.* Informs That Orange County Contentions Should Be Admitted for Litigation in Proceeding ML20196K8861999-04-0505 April 1999 Declaration of Gordon Thompson.* Informs of Participation in Preparation of Orange County Contentions Re Proposed License Amend ML20205E3101999-04-0101 April 1999 Memorandum & Order (Protective Order).* Grants 990326 Motion of Petitioner for Approval of Proposed Protective Order to Govern Use & Dissemination of Proprietary or Other Protected Matls.With Certificate of Svc.Served on 990203 ML20196K9041999-03-31031 March 1999 Declaration of DA Lochbaum,Nuclear Safety Engineer Union of Concerned Scientists,Re Technical Issues & Safety Matters Involved in Harris Nuclear Plant License Amend for Sfs.* with Certificate of Svc 1999-09-08
[Table view] Category:OTHER LEGAL DOCUMENT
MONTHYEARML20217F7711999-10-17017 October 1999 Corrected Notice of Deposition of SE Turner.* Orange County Gives Notice That on 991104 Deposition Upon Oral Exam of Turner Will Be Deposed with Respect to Contention TC-2. Related Correspondence ML20212M0271999-10-0707 October 1999 Notice (Opportunity to Make Oral or Written Limited Appearance Statements).* Board Will Entertain Oral Limited Appearance Statements Re CP&L 981223 Amend Request. with Certificate of Svc.Served on 991007 ML20209G7371999-07-16016 July 1999 Notice of Hearing (License Amend Application to Expand Sf Pool Capacity).* Provides Notice of Hearing in Response to Commissioners of Orange County Request for Hearing Re CP&L Amend Application.With Certificate of Svc.Served on 990716 ML20212J5831999-07-0101 July 1999 Notice of Appearance.* Informs That SL Uttal Will Enter Appearance in Proceeding Re Carolina Power & Light Co.Also Encl,Notice of Withdrawal for ML Zobler,Dtd 990701. with Certificate of Svc ML20206H9331999-05-11011 May 1999 Notice (Changing Location & Starting Time for Initial Prehearing Conference).* New Location for Conference, Southern Human Resources Ctr,Main Meeting Room,Chapel Hill, Nc.With Certificate of Svc.Served on 990511 ML20204E8591999-03-17017 March 1999 Notice of Change of Address.* Counsel Gives Notice as of 990329 of Mailing & e-mail Address That Will Change as Listed ML20209A8631987-01-29029 January 1987 Second Suppl to Licensee Response to Cash/Eddleman Show Cause Petition.* Forwards 870128 Affidavit of JW Mckay,Which Amends Previous Affidavit,Filed W/Original Response,To Make Minor Correction ML20207M0501987-01-0606 January 1987 Suppl to Licensee Response to Cash/Eddleman Show Cause Petition.* Certificate of Svc Encl ML20214R6261986-09-19019 September 1986 Notice of Change of Address for Shaw,Pittman,Potts & Trowbridge,Effective 860927.Certificate of Svc & Svc List Encl.Related Correspondence ML20207H8281986-07-21021 July 1986 Notice of Appeal & Request for Review of Aslab 860711 Memorandum & Order Denying 860609 Motion to Stay Immediate Effectiveness & Petition to Intervene & Motion for Extension of Time to File Brief ML20206P7081986-06-23023 June 1986 Resolution by Raleigh Merchants Bureau,Inc Supporting Util Efforts to Obtain License to Operate Plant at Earliest Date Possible.Served on 860630 ML20211D8791986-06-0909 June 1986 Comments on Immediate Effective Review of Final Licensing Board Decision Urging Review of Issues Raised on Appeal of Partial Initial Decisions on Environ,Mgt & Safety Matters & Final Decision on Drug Abuse & Emergency Planning ML20199E7241986-06-0606 June 1986 Discusses Secret Witness Inability to Obtain Ofc of Investigations Rept on Harassment Allegations.Witness Should Be Allowed Copy of Rept to Review.Certificate of Svc Encl ML20211D7601986-06-0606 June 1986 Rept Per ASLB Order on Harassment Allegations Re Secret Witness.Witness Unable to Obtain Ofc of Investigation Rept on Secret Witness Allegations.Served on 860609 ML20197K2041986-05-16016 May 1986 Memorandum for Parties Discussing Runkle Ability to File Timely Reply to Contention WB-4 Responses by 860526.Eddleman Not in Position to Reply for Runkle on Good Cause for Late Filing Issue.Served on 860519 ML20197J9621986-05-13013 May 1986 Response Opposing Reopening of Record to Accept late-filed Contention WB-4 Proferred by W Eddleman & Conservation Council of North Carolina Re Systematic Falsification of Radiation Exposure Records.Certificate of Svc Encl ML20204A4961986-05-0808 May 1986 Notice of Appeal from ASLB Final Decision Served on 860428. Certificate of Svc Encl ML20204A4091986-05-0808 May 1986 Comments Re Immediate Effectiveness Issue.Application of 10CFR2.764(f)(2)(i) Criteria Does Not Warrant Withholding of Immediate Effectiveness of Board Decision.Certificate of Svc Encl ML20197C2641986-05-0808 May 1986 Comments on Immediate Effectiveness Issue.Issue Which Intervenors Placed in Controversy in Proceeding Carefully Examined by Aslb.Requests Opportunity to Be Heard If Commission Entertains Issuance of Stay.W/Certificate of Svc ML20204A4641986-05-0707 May 1986 Notice of Appeal of ASLB 860428 Final Decision LBP-86-11.All Matters in Proceeding Unresolved,Particularly late-filed Contention Alleging Falsification of Dosage Records. Certificate of Svc Encl ML20154L2401986-03-0101 March 1986 Notice of Change of Address for Svc of Documents in Proceeding Effective on 860301 ML20205K5271986-02-24024 February 1986 Supplemental Brief Re Contentions 16,17 & 18 on Adequacy of Water Sampling Procedures at Various Sample Points. Certificate of Svc Encl ML20205K5931986-02-24024 February 1986 Response to Aslab 860205 Question Re Conservation Council of North Carolina Contentions 16,17 & 18 on Util Environ Monitoring Program.Doctrine of Collateral Estoppel Bars Litigation of Contentions ML20151Y7991986-02-10010 February 1986 Memorandum Addressing Objections to Chairman 860110 Order Re Ex Parte Communication.Administrative Procedure Act Provision Requires That Miriello Be Treated as Ex Parte Communication.Served on 860212 ML20137P0331986-01-30030 January 1986 Supplemental Brief Responding to Questions Re Ocean Dumping, Per Appeal Board 860109 Order.Intervenor Claims Right to Hearing to Request Prohibition on Ocean Dumping of Facility Radwaste ML20140D1821986-01-21021 January 1986 Exceptions & Objections to 860110 Order Re Ex Parte Communication.P Mirello Expressed Intent to Keep Confidential.Neither Branch of Ex Parte Communication Test Reached.W/Certificate of Svc ML20140C5981986-01-21021 January 1986 Exceptions & Objections to 860110 Order & P Miriello Served on Parties to Proceeding.Svc of Ltr on Applicant Allows Opportunity to Destroy Incriminating Evidence Re Allegations in Ltr.Certificate of Svc Encl ML20141F8551986-01-0606 January 1986 Notice of 860205 Oral Argument on Appeals of Conservation Council of North Carolina & W Eddleman from ASLB 850820 Partial Initial Decision in Bethesda,Md.Served on 860107 ML20136F6251986-01-0202 January 1986 Proposed Corrections to Page 9,650 of Transcript of 851105 Evidentiary Hearing ML20151P2081985-12-30030 December 1985 Response to ASLB 851209 Order Re Arrangements for Medical Svcs for Contaminated,Injured Individuals.Eddleman Contention 57-C-7 Remains Dismissed Due to Lack of Requisite Specificity to Be Litigable.Certificate of Svc Encl ML20138R2521985-12-27027 December 1985 Memorandum Re Denial of Subpoenas for Intervenor Witnesses. ASLB Fails to See How Single Nonexpert Witness Residing in Emergency Planning Zone Can Contribute to Resolution of Issues.Served on 851230 ML20138R0921985-12-23023 December 1985 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20137L9681985-11-26026 November 1985 Identifies Various Exhibits Which Applicant,Nrc & FEMA Have Agreed May Be Admitted to Record & Exhibits Not Agreed to ML20138L3441985-10-25025 October 1985 Certifies Svc of Encl RG Black & CS Wingo & Oversize Drawing Entitled Revised 60 Dbc Coverage within Emergency Plan Zone of Shearon Harris Nuclear Power Plant, on 851025.Related Correspondence ML20138B3901985-10-10010 October 1985 Notice of Evidentiary Hearing on Eddleman Contention 57-C-3 on 851104 in Raleigh,Nc & Second Hearing on Conservation Council of North Carolina Contention WB-3 on 851102.Served on 851011 ML20133B0761985-09-30030 September 1985 Requests Extension of Time to File Brief in Appeal of 850828 Partial Initial Decision on Some Safety Matters. Granted for Aslab on 851001.Certificate of Svc Encl ML20133B2091985-09-30030 September 1985 Request for Extension of Time to File Brief in Appeal of 850828 Partial Initial Decision on Some Safety Matters. Request Based on Stated Facts ML20134M0821985-08-31031 August 1985 Notice of Appeal from 850820 Partial Initial Decisions on Safety Contentions,Including Partial Initial Decision & ASLB Orders Granting Summary Disposition & Excluding Safety Contentions from Litigation.Certificate of Svc Encl ML20134Q2411985-08-30030 August 1985 Notice of Change of Address for Svc of All Documents. W/Certificate of Svc.Related Correspondence ML20134H1961985-08-23023 August 1985 Comments on Board 850805 Request for NRC Views Re Impairment of NRC Ability to Obtain Safety Info If Eddleman 850619 FOIA Request Granted.Certificate of Svc Encl ML20133B4121985-08-0505 August 1985 Request for NRC Views Re Guild 850619 FOIA Request for Documents About Safety Concerns of Employees at Facility & Applicants Objections to Disclosure.Response to Listed Questions Due by 850823.Served on 850805 ML20126K9891985-07-29029 July 1985 Notice of 850828 Oral Argument in Bethesda,Md Re Appeal of Conservation Council of North Carolina & W Eddleman from ASLB 850220 Partial Initial Decision.Served on 850729 ML20127N3251985-05-20020 May 1985 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20108F4081985-03-0505 March 1985 Notice of Appeal of ASLB 850220 Partial Initial Decision on Environ Contentions,All Other Orders & Rulings,Granting of Summary Disposition of Various Contentions & Denial of W Eddleman 10CFR2.758 Petition.Certificate of Svc Encl ML20107G2011985-02-21021 February 1985 Notice of W Eddleman Submittal of Ee Utley,Ma Mcduffie, HR Banks,Jm Johnson,A Fuller & Re Lumsden 850227 Depositions in Raleigh,Nc Re Eddleman Contention 41-G.Certificate of Svc Encl.Related Correspondence ML20101T0121985-02-0101 February 1985 Applicant Notice of Intention to Take Deposition of C Van Vo on 850226 in Raleigh,Nc.Certificate of Svc Encl.Related Correspondence ML20112J8371985-01-14014 January 1985 Notice of Appearance in Proceeding.Certificate of Svc Encl ML20101F0261984-12-21021 December 1984 Comments on Cv Vo/Util Settlement Including Dept of Labor Claim of Inability to Substantiate Cv Vo Allegations. Certificate of Svc Encl ML20093D9361984-10-0808 October 1984 Notice of Intent to Pursue Negotiations & Motion to Compel Discovery Against FEMA on 840928 Responses.Related Correspondence ML20093D6561984-10-0808 October 1984 Memorandum of Law in Support of Motions for Summary Disposition of Eddleman Emergency Planning Contentions 144 & 154 1999-07-16
[Table view] |
Text
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,.' ..O uur :-
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'86 Ri27 go gg L!T .
.anuaIy21',}jk86 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION PEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of )
)
Carolina Power & Light Company and ) Docket No. 50-400 OL North Carolina Eastern Municipal )
Power Agency )
)
(Shearon Harris Nuclear Power Plant) )
EXCEPTIONS AND OBJECTIONS TO ORDER DATED JANUARY 10, 1986 Now comes the Conservation Council with Exceptions and Objections to the Order (Concerning Ex Parte Communication), dated January 10, 1986. This Order was served on all the parties to this proceeding and had attached to it a copy of a letter dated January 1, 1986, from Ms. Patty Miriello to Judge Kelley. This letter was marked at the top "TO BE KEPT CONFIDENTIAL.
I BELIEVE THE USNRC DOES KEEP SOME THINGS OUT OF THE HANDS OF THE POWER COMPANIES," making it clear that Ms. Miriello expected the letter to be confidential, specifically that the allegations raised in the letter be kept from the Applicants until fully investigated.
l Per Judge Kelley's request in the Order, Counsel for the Conservation )
Council notified Ms. Miriello of the Order and the regulatory prohibitions 8601290206 860120 1 PDR ADOCK 05000400 0 PDR
3 against jgg parte communications when she called Counsel on January 17, 1986.
A copy of the Order is being sent to her, along with a copy of this filing.
3 However, we do not agree with Judge Kelley's finding that the letter from Ms. Miriello was apparently an jg[ parte communication. We strongly object
- to the issuing of the Order and the service of this letter on the parties to t
! this proceeding, particularly in light of the expressed intent of Ms.
Miriello to keep it confidential.
Ms. Miriello's letter was not an ygg parte communication pursuant to 10 C.F.R. 2.780. Neither branch of the two-prong jg! parte communication test was reached in this instance. First of all, although Ms. Miriello was a
- witness for the Conservation Council at the October 3, 1985, hearings on 1
Contention WB-3 (Drug Abuse During Construction), she is not and never has
. been a " party. . .or...of ficer, employee, representative, or any other person directly or indirectly acting in behalf of" the Conservation Council. 10 1
C.F.R. 2.780(a)(2). Ms. Miriello is not an agent of any kind or even a I
- member of the Conservation Council, and is not authorized to speak for the f
Conservation Council in this proceeding. She voluntarily testified for the Conservation Council on the contention concerning drug abuse as a " whistle-blower" raising safety-related matters. She did not notify or consult Counsel for the Conservation Council before sending her letter to Judge Kelley.
Secondly, an 33[ parte communication is limited to communications "regarding any substantive matter at issue in a proceeding." 10 C.F.R.
2.780(a)(2). The only natter which Ms. Miriello testified concerned drug abuse by workers at the Harris facility. Even if portions of the letter in 4
fact related to matters raised (or which could have been raised) on the '
I 1
I 2 1
i 2
record on contention UB-3, other allegations raised in the letter concern
( the following:
f (1) improper inservice inspection of welds; i
l (2) falsification of records; l (3) questionable practices related to health physics practices; a !
(4) notification by NRC Staff of so-called " unannounced inspections;"
(5) intimidation and retribution of a former employee who had raised safety-related natters.
These are the substantive sections of the letter and clearly do not fit into i
j the fairly narrow subject matter test of an egc parte communication and as I
j such must be excluded from the previsions of 10 C.F.R. 2. 780( b) . ,
! In.the Order, Judge Kelley stated that he did "not read Ms. Miriello's letter except to deternine its general nature." In light of the request to keep the letter confidential, we submit that Judge Kelley's duty was to read j the letter closely, serve any portions concerning matters at issue in the i
proceeding (i.e. drug abuse by workers at the Harris facility), and treat I any other matters in confidence. It is obvious that Ms. Miriello erred by misdirecting her letter to an inappropriate person within the Nuclear i i Regulatory Commission bureaucracy, but as a layperson not either an attorney l
- or knowledgeable or NRC practice she certainly cannot be held to understand [
the multifaceted nature of the NRC--that is, licensing proceedings, investigations, Staff review of operations, etc. Her error could have been easily remedied by Judge Kelley by either returning the letter to her, forwarding it directly to the appropriate KRC office (such as the Office of i l
Investigation), or consulting with counsel for the parties before acting. <
j The fgc parte rule requires disclosure of communications which have the j potential to unfairly influence matter in issue. This policy is similar to 1
l restraints on judges it nost legal proceedings and is without question a i 1
! 3 i
_ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ m wise policy. There are however countervailing policies and obligations for ,
i the handling of confidential information, especially that which might have serious safety-related significance. They are as follows: i (1) Pursuant to 10 C.F.R. 2.715, a person not a party may make a limited appearance in a licensing proceeding to raise any matter relating to 4
( the licensing. In fact, two such limited appearance hearings have been held i
relating to the llarris plant, one on emergency planning and an earlier one j on covering quite varied matters of concern. The encouragement of public comment through limited appearance statements illustrates the obligation of the licensing board to allow the public access to at least some level of the 1
NRC to raise concerns about the facility.
- (2) There is a expressly stated statutory and regulatory framework 4
to protect from discrimination those employees who blow the whistle on l
violations of nuclear safety laws. These include complaints before the 1
Department of Labor pursuant to 29 C.F.R. 24.3 ff. or "public policy" tort i
claims for wrongful discharge. These are just two of the more apparent avenues to protect whistleblowers, but beyond these is the primary purpose of the NRC is to protect public health and safety from the release of radiation from nuclear power plants. Employees who work at the plant are r
often the best sources for this kind of information and should be and in fact are encouraged by the NRC. This includes responding to requests for l l confidentiality, routinely done by some URC investigative personnel and I I
inspectors at the nuclear plants. This Board, in connection with 1
- contentions concerning enployee harassment, has itself allowed workers to raise contentions and retain confidentiality. In the instant matter, any reading beyond a cursory one would have pointed out the need to keep Ms. [
i i 1 Miriello's allegations confidential until they could be properly f i
1 4
i d
l ..:
investigated. Her own safety from harassment and retaliation, let alone embarrassment, has been greatly compromised by the premature revealing of these allegations.
(3) Although the regulations at 10 C.F.R. 2.719(a) state that the presiding officer in a licensing proceeding is separate from the agency's investigative and prosecuting functions, this does not preclude the presiding officer from taking actions required of all federal employees.
There are express regulatory and statutory sanctions against the disclosure
- of confidential information. 18 U.S.C. 1905 (expressly referred to in 10 i
! C.F.R. 0.735-30 as a positive duty for all NRC employees to follow) provides i
j criminal sanctions for the disclosure of any confidential infornation "to any extent not authorized by law." We submit that this restraint along
{
with the others above nust be considered before the disclosing of any jg[
- parte communications.
i
- It is apparent from the policies regarding the disclosure of ex parte a
communications and those protecting confidentiality that there should have
! been a balancing of the different interests involved before the serving of l 1
, the entire letter on the Applicants. There is an apparent lack of concern j about the effects that disclosure of the allegations will have on future and i ongoing crininal and safety-related investigations. Provided that the l allegations are true, the Applicants have been afforded the opportunity to destroy any incriminating evidence. Ms. Miriello, like other employees who l
{
have raised safety-related matters, should be encouraged by all employees of l
the NRC and the allegations raised in her letter should not be ignored. In
- this instance, her reasonable request for the confidentiality of the !
i allegations was passed over completely without due attention. v Based on the above, we strongly urge the Board to refrain from further l
compounding the problems which may have arisen from distributing Ms.
t 5 r I
4 t
j
Miriello's letter to the Applicants. The allegations, at this time, do not need to be publicized in the press or even more widely distributed than it has already been.
For the information of the Board and the other parties, we are sending the attached letter to Chairman Palladino of the Nuclear Regulatory Commission, copies to the other Commissioners, with a copy of the January 10 Order (including Ms. Miriello's confidential letter) and this filing.
Respectfully submitted, 7 e Y' l a 'i} %
C W 'o' John Runkle General Counsel Conservation Council of NC 307 Cranville Road Chapel Hill, FC 27514 919/942-0600 6
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CERTIFICATE OF SERVICE I hereby certify that this Exceptions and Objections to Order Dated January 10, 1986, and Letter to Chairman Palladino were served on the following persons by deposit in the U. S. Mail, postage prep.,id, or by hand-delivery.
Thomas S. Moore, Chairman (appeals only) M. Travis Payne Atomic Safety & Licensing Appeal Board PO Box 12643 US Nuclear Regulatory Commission Raleigh, NC 27605 Washington, D. C. 20555 Dr. Richard D. Wilson Dr. Reginald Cotchy (appeals only) 729 Hunter Street Atomic Safety & Licensing Appeal Board Apex, NC 27502 US Nuclear Regulatory Commission Washington, D. C. 20555 Wells Eddleman 806 Parker Street Howard A. Wilber (appeals only) Durham, NC 27701 Atomic Safety & Licensing Appeal Board US Nuclear Regulatory Commission Richard E. Jones Washington, D. C. 20555 Dale Hollar Legal Department James L. Kelley Carolina Power & Light Atomic Safety & Licensing Board PO Box 1551 US Nuclear Regulatory Commission Raleigh, NC 27602 Washington, D. C. 20555 Thomas A. Baxter Clenn O. Bright Shaw, Pittman, Potts & Trowbridge Atomic Safety & Licensing Board 1800 M Street, NW US Nuclear Regulatory Commission Washington, D. C. 20036 Washington, D. C. 20555 Robert Cruber Dr. James H. Carpenter Public Staff--Utilities Commission Atomic Safety & Licensing Board PO Box 991 US Nuclear Regulatory Commission Raleigh, NC 27602 Washington, D. C. 20555 H. Al Cole, Jr.
Docketing and Service (3 copies) Attorney General's Office Office of the Secretary PO Box 629 US Nuclear Regulatory Commission Raleig5 NC 27602 Washington, D. C. 20555 Spence W. Perry (emerg. planning)
Charles A. Barth Associate General Counsel Office of the Executive Legal Director FEMA US Nuclear Regulatory Commission 500 C Street, SW, Ste. 480 Washington, D. C. 20555 Washington, D. C. 20740 Bradley W. Jones NRC--Region II This is the 21st day of 101 Marrietta Street January, 1986.
Atlanta, GA 30303
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Daniel F. Read $'
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PO Box 2151 dohn Runkle Raleigh, NC 27602 for the Conservation Council