ML20091K608

Request for Discovery of NRC Re Contention on Issue of Harassment & Intimidation.Certificate of Svc Encl.Related Correspondence

ML20091K608
Person / Time
Site:	Comanche Peak
Issue date:	06/04/1984
From:	Roisman A Citizens Association for Sound Energy, TRIAL LAWYERS FOR PUBLIC JUSTICE, P.C.
To:	Atomic Safety and Licensing Board Panel
References
NUDOCS 8406070150
Download: ML20091K608 (7)

Text

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$$ . June 4, 1984 REU(TED CCE?nr0MDE.NCE t

UNITED STATES OF AMERICA 0%[fpf50 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING bgg,PDjg _f gjj gg In the Matter of ) MW 7 HWie

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~ p TEXAS UTILITIES ELECTRIC ) Docket Nos. 50-445-2' COMPANY, et al. ) and 50-446-2

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(Comanche Peak Steam Electric )

Station, Units 1 and 2) )

CASE'S REQUEST FOR DISCOVERY OF THE NUCLEAR REGULATORY COMMISSION STAFF Pursuant to 10 CFR S2.740 CASE respectfully requests discovery of the Nuclear Regulatory Commission ("NRC") staff through oral examination (S 2.740 a); written in te r rogator ies (S2.7400); and for production of documents (S2.741) on the issue of harassment and intimidation. This issue has oeen admitted as a contention in this proceeding and is therefore covered under S2.740(1) " General Provisions Governing Discovery," and relevant NRC case law, as well as Rule 26 of the Federal Rules of Civil Procedures. (The scope and definition of the harassment and in tim idation issue has not yet oeen defined. CASE will file a proposed standard on this issue on June 12, 1984.)

CASE's counsel has discussed this request with the NRC counsel in an attempt to reach an agreement whereoy informal discovery would oe accep'taole to ooth parties. We have not aoandoned the hope that the NRC Staff will provide the requested information without opposition on this issue.

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.m CASE's interest in discovery of the staff on this issue recognizes tnat discovery against the Staff is on different footing than discovery in general. See generally, Pennsylvania Power and Light Co., (Susquenanna Steam Electric Station, Units 1

& 2 ), ALAE-613,12 NRC 317, 3 2 3 (19 80 ). In f act it is the un ique position of the Staff on this issue that invites this discovery request oy CASE. Quite frankly, the information and knowledge availaole to tne staf f is critical to a complete and f ull hearing on the issue of harassment and in t im id a t ion , and even more rele-vant to the Board's resolution of this issue. Such in f o r ma tion as the Staff has developed during the course of its regulatory duties that oears on the issue (as will oe defined oy the Board) is properly discoveraole under ooth NRC and administrative law.

This is particularly true on the issue of harassment and in t im i-dation where relevant evidence known to the staff is simply not availaole from any other source.

CASE requests that the Board grant discovery for the following information:

All information developed in connection with any inspoc-tions, investigations, evaluations, team reviews, or any other proce (oy any name), which is not privileged, oy any memoer of the Nuclear Regulatory Commission staff. This requests includes out is not limited to all staf f memoers and inspections of and oy Region IV of the Inspection and Enforcment Division, investiga-tors of the Office of Investigations, the Office of Inspector and Auditor, inspectors and/or technical staff of the Office of Nuclear Reactor Regulations, the memoers of the various special inspection teams including the Construction Appraisal team, the

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. Special Inspection Team, tne Systematic Appraisal of Licensing Performance Board, and memoers of the special study of the proo-lems of protective coatings undertaken oy the Brookhaven National Lacoratory and selectea memoers of the NRC. It also includes the memoers of the special Task Force sent to Comanche Peak last month, and any other inspection ef forts which have oeen, are, or w111 oe undertaken oy the staf f in an ef f ort to ascertain the i exten t of any construction and quality assurance / quality control proolems at-the site.

This information should include all internal reports prepared on the suoject of harassment and in tim id a tion, all allegations given to tne NRC aoout incidents which included harassment and in tim id a tion in the opinion of the alleger, all notes to the file oy inspectors, investigators, or staff which were prepared in the course of their investigations or inspec-tions, reviews, etc., and are not privileged, copies of all press releases prepared to answer puolic charges on the suoject of harassment and in t i m ida t ion , all oriefings prepared oy the staf f to oc given to other agency officials, all notes of meetings which discuss the proolems of either individuals employees who allege that they were harassed or intimidated or of the proolem on a larger scale. This should include any interview notes, depositions, statements, anonymous phone c&ll tips, compla in ts, unsigned letters of complaint, and all other notes to the file regarding tnose. For all materials identified and w itheld those materials should oe descrioed in sufficient detail to determine whether or not the privileged claimed is a valid privilege. This

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should also include all reports or memorandum prepared internally to oe responsive to requests for explanations aoout allegations or evidence of harassment and intimidation oy memoers of Congress or other elected or appointed of ficials.

CONCLUSION As previously stated CASE ernestly requests that all relevant information, which is not privileged, ce voluntarily disclosed to all parties as soon as is possiDie in order to facilitate the prepacation and presentation of this issue to the Board. In the aosence of such cooperation CASE must appeal to the Board, as it does now, with our request for discovery of the Staff.

Respectfully suoritted,

%3 ANTHONY 1) ROISMAN A

T rial Lawyers for Puolic Justice 2000 P Street, N.W., Suite 611 Washington, D.C. 20036 (202) 463-8600 June 4, 1984

k ,_ ,.O L ,

June 4, 1984

, r UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In N1e MatterJof ~)

).

. TEXAS UTILITIES GENERATING )

"  : COMPANY, et al. ) Docket Nos. 50-445-2

) and 50-446-2

.(Comanche. Peak Steam Electric )

- Station, Units 1 and 2) )

CERTIFICATE OF SERVICE By my signature celow, I hereoy certify that true and correct copies of CASE's Request For Discovery Against The NRC Staf f has oeen sent to the names listed oelow this 1st day of June, 1984, oy: Express mail where indicated oy *; Hand-delivery

~w here indicated oy **; and First Class -Mail unless otherwise ind ica ted.

Administrative Judge Peter B. Bloch U.S.. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, D.C. 20555 -

Heroert Grossman, Alternate Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washing ton , D.C. 20555 Dr. Kenner.n A. McCollom, Dean Division )f Engineering, Architecture and Technology Oklanoma State University

.Stillwater, Oklahoma 74074

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. ' Dr. Walter H. Jordan 881 W. Outer Drive Oak Ridge, Tennessee 37830 Ms. Ellen Ginsoerg, Law Clerk Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Wasnington, D.C. 20555 Nicholas S. Reynolds, Esquire Bishop, Lioerman, Cook, Purcell

& Reynolds-1200 17th Street, N.W.

Washington, D.C. 20036 Stuart Trecy, Esquire -

Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington , D.C. 20555 Geary S. Mizuno, Esquire Office of Executive Legal Director U.S. Nuclear Regulatory Commission Washington , D.C. 20555 Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Cnalrman Atomic Safety and Licensing Appeal Board Panel U.S. Nuclear Regulatory Commission Washington , D.C. 20555 Renea Hicks, Esquire Assistant Attorney General Environmental Protection Division Supreme Court Building Austin, Texas 78711 John Collins Regional Administrator, Region IV U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 .

Arlington, Texas 76011 Docketing and Service Section (3 copies)

Office of the Secretary U.S. Nucleer Regulatory Commission Wash ington , D .C. 20555

U Lanny A. S in k in 114 W. 7th, Suite 220 Austin, Texas 78701

- Dr. David H.'Boltz 2012 S. Polk =

Dallas, Texas 75224 Michael D. Spence, President Texas Utilities Generating Company Skyway Tower 400 North Olive Street, L.B. 81

' Dallas, Texas 75201

% 2. 5W $

ANTHONY 1Z. ROISMAN Trial Lawyers for Puolic Justice 2000 P Street, N.W., Suite 611 Washington , D.C. 20036 (202) 463-8600 t

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