ML20101K113

Motion for Leave to Suppl Motion to Modify or Quash Subpoenas & Supplemental Info.* OI Policy Unfair & Violative of Subpoenaed Individuals Statutory Rights & Goes Beyond Investigatory Authority.W/Certificate of Svc

ML20101K113
Person / Time
Site:	South Texas
Issue date:	06/29/1992
From:	Baer W HOUSTON LIGHTING & POWER CO., NEWMAN & HOLTZINGER
To:	NRC COMMISSION (OCM)
Shared Package
ML20101K108	List: ML20101K105 ML20101K113
References
OL, NUDOCS 9207020067
Download: ML20101K113 (5)

Text

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Uul4P UNITED STATES OF AMERICA NUCLFAR REGULATORY COMMISSION BEFORE THE COMMISSION N

) ,

In the Matter of )

)

HOUSTON LIGHTING & ) Nos. 50-498-OL POWER COMPANY, et al. ) 50-499-OL (South Texas Project, Units 1 )

and 2) )

) OI Case No. 4-92-003 AND )

)

TEN SUBPOENAS ISSUED BY THE )

DIRECTOR OF THE OFFICE OF )

INVESTIGATIONS )

)

MOTION FOR LEAVE TO SUPPLEMENT MOTION TO MODIFY OR QUASH SUBPOENAS, AND SUPPLEMENTAL INFORl'4 TION On June 18, 1992, Houston Lighting & Power Company

("HL&P") et al. and ten individuals subpoenaed by the NRC Office of Investigations ("OI") filed a motion requesting that the Commission modify those subpoenas so that individuals interviewed by OI could have copies of their transcripts, or in the alternative that the Commiesion quash the subpoenas (" Motion").

Since the filing of the Motion, Movants have identified l additional information which is pertinent to the policy issues under consideration by the Commission in connection with the 1

Motion. Movants hereby request leave to provide this

(

supplemental information, which is described below.

Movants have made inquiries with a number of federal administrative agencies that are charged with responsibility for conducting investigations comparable to those conducted by OI, I

9207020067 920629 PDR ADOCK 05000498 G PDR

.~4 -

e including investigations of various types of wrongdoing. Based

, on these inquiries, Movants have determined that OI's practice of 1

automatically withholding transcripts from interviewees is inconsistent with the normal practice of several such agencies and the NRC's Office of the Inspector General (OIG). Discussions q with an OIG representative indicate that a witness interviewed by OIG is ordinarily provided with a copy of any statement or transcript that is prepared. Accordingly, the OI policy at j issue appears to conflict with the practice of the other NRC office responsible for performing an investigatory function.

In addition, the normal investigative practice of several other agencies is to provide a witness with copies of written statements or transcripts reflecting the testimony of 4

that witness. While a number of agencies do not have any formal policy on whether transcripts or statements should be provided to 4

witnesses who testify voluntarily, contacts with these agencies indicate that the normal practice is to allow such witnesses to retain copies of their written statements or transcripts, unless some specific reason to withhold the transcripts is identified.

Agencies that typically follow such a practice include the l Federal Energy Regulatory Commission, the Department of Labor, the Internal Revenue Service, and the Securities and Exchange 1

Commission. 1/

1/ To the extent that these agencies have fornal policies on the provision of transcripts, those policies require that,

. absent some good cause for withholding, witnesses shall be

! provided with copies of transcripts of their interviews.

(continued...)

l i

In this case, OI has identified no specific compelling reason for withholding copies of transcripts from the individuals it seeks to interview, and Movants have offered conditions which, as a practical matter, will resolve any realistic concer.2s that OI may have concerning the integrity of its investigations.

Motion at 3-4. Accordingly, OI's policy is not only unfair and violative of the subpoenaed individuals' statutory rights, but also goes far beyond what OIG and federal agencies with comparable investigatory authority apparently believe is necessary for reasonable protection of investigatory integrity.

For the above reasons and for the reasons enumerated in Movants' June 18, 1992 Motion, Movants respectfully request that the Commission modify or quash the OI subpoenas.

Respectfully Submittec, f I' fM f % ). Q Jack R. Newman William E. Baer, Jr.

Newman & Holtzinger, P.C.

1615 L Street, N.W.

Tenth Floor Washington, DC 20036 (202) 955-6600 ATTORNEYS FOR LICENSEES AND THE TEN INDIVIDUALS NAMED IN SUBPOENAS ISSUED BY THE DIRECTOR OF THE OFFICE OF INVESTIGATIONS 1/(... continued)

See, e.g., 17 CFR S 203.6 (SEC); 18 CFR S lb.12 (FERC); 26 CFR S 601.07(b) (IRS). Such a policy is required under the Administrative Procedure Act ("APA") in cases where a person is compelled to testify. See Motion at 6.

e a

U CERIIEl.CATE OF_ SERVICE co m 29 P 4 :21 I hereby certify that on June 29, 1992, ResEon Lighting & Power Company, et al., and the individuals named in '

ten subpoenas issued by the Director of the Office of.

Investigations (OI Case No. 4-92-003) served copies of 'a jMOTION FOR LEAVE TO SUPPLEMENT MOTION TO MODIFY OR QUASH SUBPOENAS, AND SUPPLEMENTAL INFORMATION" on the following by hand deliverv, except where indicated by an asterisk ("*"), where service was made by deposit in the United States mail, certified, returned receipt requested, properly stamped and addressed.

Office of the Secretary U.S. Nuclear Regulatory Commission  ! ,

One White Flint North 11555 Rockville Pike Rockville, MD 20852 Attention: Chief, Docketing and Service Section (Original plus two copies)

Ivan Selin, Chairman Kenneth C. Rogers, Commissioner James R. Curtiss, Commissioner Forrest J. Remick, Commissioner E. Gail de Planque, Commissioner U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, MD 20852 Ben B. Hayes, Director _

Office of Investigations U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Piko Rockville, MD 20852

• Virginia Van Cleave, Investigator Office of Investigations, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 s

_ _ _ 1 o

Daryl H. Shapiro, Esq.

Office of the General Counsel U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, MD 20852 June 29, 1992

'f/ IR l William E. Baer, Jr.

Newman & Holtzinger, P.C. )

1615 L Street, N.W. l Suite 1000 l Washington, DC 20036

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