ML20005G082
| ML20005G082 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 10/26/1989 |
| From: | Hoefling R NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Garde B GARDE, B.P. |
| Shared Package | |
| ML20005G068 | List: |
| References | |
| OL, NUDOCS 9001180103 | |
| Download: ML20005G082 (4) | |
Text
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' UNITED STATES T-
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j NUCLEAR REGULATORY COMMi$SION s
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OCT ? 41999 1
.VIA TELECOPIER i
5 115 Billie Pirner* Garde, Esq.
-103 East College Avenue i
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Appleton, Wisconsin 54911 Re: John Corcer
Dear Hs. Gardd:
Your letter of September 28, 1989 to lir. Dennis Crutchfiele of tne NRC has
-been referrec_ to lae for a response.
In that letter, you indicate that Mr.
John Curuer has concerns that he believes should be evaluated by the !!RC.
Your letur sets out e s.umoer of terms which apparently must be met before i4r.
Corcer would. meet with the HRC.
I understand from your letter that you are representing fir. Corder in this matter.
I have attempted several times to reach you by telephone to discuss this matter but have been unsuccessful.
For this reason, I am writing directly to you regarding the HRC staff's interest in meeting with Mr. Corder, r
With respect to your request that the NRC issue a subpoena to Mr. Corder, the liRC staff does not believe that the reasur. for a subpoentt identified in your letter, i.e., protection from a potential breach of contract action by Bechtel, is, in the present circunstances, 6 valid reason to request a subpoena. The !!;C has made clear its position that_ any restrictions in r
settlement agreements limiting the opportunity of an individual to bring safety concerns to the NRC are void and unenforceable. Furthermore, with respect to the specific settlement agreement at 1ssue here, Bechtel has indicateo that' nothing in the settlement egreement should be construeo as in any way limiting Mr. Corcer in bringing satety conc 4rns to tne NRC. A copy of the letter cated June 29, 1989 to the attorney: representing fir. Ccreer in the Lepartment of Labur proceeding from the attorneys representing Bechtel in r
those proceedings is attached. The NRC staff woulo like Mr. Corder to reconsider his request for a subpoena in lignt of these circumstences.
The NRC staff would issue a subpoena to Mr. Cortkr if he still declines to be interviewed without une.
With respect to the otner terms centioned in your lettet, the NRC staff prov'ces the following responses.
Corcar will be pain in accordance with 28 U.S.C. Section 1021. Expenses associate We would pin to interview Mr. Corcer near his resicence so his reimbursable expenses should be minimal.
To the extent that Mr. Corder's present concerns relate ?e the previous inspection trip he had with Mr. Chlvo of the !!RC, he would obviously be free to discuss them.
With respect to the Freedom of Information Act request' attached to your letter to lir. Crutchfield, it would be processed in o
9001100103 89125 PDR ADDCK 05000498 O.
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2-accorcence with nornal egency procecures.
With respect to Mr. Corder's request for an escorted inspection of the Soutn Texas site, such an inspection would be entertainea by the NRC staff only if it provac necessary to acequately deal with Mr. Corder's concerns.
The liRC staff has no' objection to the presence of Mr. Corcer's counsel or other representative at the upcoming interview.
Finally, with respect to your request that the HRC conduct an investigation of 11r. Corder's claims of harassment and intimidation in violativn of 10 C.F.R. Section 50.7,'this allegation is under consideration et
- this time consistent with the NRC's procedures set out in NRC Hanual Chapter 0517. " Management of Allegations".
'Please contact me et (301) 492-1090 to arrange a time 4nd place for the interview of Itr. Corder.
i Sinc e y,
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R'ichard K. Hoe 1 i
Senior Attorney Office of tne Genera 1 Counsel ec w/Attechment: John Corcer
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i-29 Jute 1989 N-t V
1[& TELECOPIER
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v Robert T. Rice, Esq.
1 Stevens & Rica i
100 North Velasco suite 200 t
P.
O. Box 1325
'Angleton, Texas 77515 i
L Ret Sechtel Energy Corporation vs. John A. Corder l
Case No. 88-ERA-9 Dear Roberts t
i the stipulated settlement agreement between Mr. Cor u
l Bechtel be submitted for the secretary's review.
that,'in-part, the secretary wishes, in accordance withWe understand guidelines issued by the Nuclear Regulatory Commission,'to insure that the stipulated settlement does not prevent or discourage Mr. Corder from raising legitimate concerns about nuclear safety at the south Texas Project.
It is, of course, well and amp record that Mr. Corder raised numerous "ly documented in the following his retirement from Bechtel.
concerns" about STP Each of those
" concerns" w Bechtel, the STP SAFETEAM, and the NRC.as presented to, and thorou concluded Each in turn that none of the ' concerns"of these entities Corder inv,olved nuclear safety, hence, no further action was voiced by Mr.
taken with respect to any of them, and the matter was
' concluded.
Further, in the years succeeding STP, Mr. Corder raised additional " concerns" his departure from effect.
Although we cannot believe that to similar after these several
. years of absence.from STP, Mr. Corder cou,ld even imagine any further ' concerns," Sechtel wishes it clearly understood by Mr Corder that the settlement of his claim and litigation does not prevent nor should it discourage Mr. Corder from asserting any legitimate concern he has about nuclear safety at the South Texas Project, or otherwise.
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Robert T.. Rice, Esq.
39 June 1989
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Page Two Accordingly, we ask that you, as Mr. Corder's L
counsel-of ' record, bring to Mr. Corder's attention the enclosed NRC guidelines and make it clear to your client that nothing in the settlement of his litigation with Dechtel prevents or should discourage him from bringing to the attention of the appropriate agencies a safety -- in our case,ny information about nuclear power plant STP== that he has not already to the NRC, Dechtel, Houston Lighting & Power company, presented l
news media.
or the We do, however the other provisions, un,derstandings and agreements of theexpect settlement, pursuant to which the claim and litigation was l
concluded.
This settlement was, as you are well aware, stipulated to, with advice of counsel, and confirmed and client as to his full understanding and concurrence w terms.
and acceptance of the settlement negotiated on his he stated, under oath, that he had no com manner in which you had represented him, plaints about the L
on his behalf.
There, this matter should remain.or your effectiveness If you foresee any difficulty in doing as we ask above,, please notify us promptly and advise as to whether we any contact your client directly.
- ce'd" on whatever we send to Mr. Corder.You, of course, will be Thank you for your assistance in this matter.
truly yours, I
I.Yl4 qllP R+ger McPike I
l NRMessae cc:
Nonorable E11tabeth A. Dole Secretary of Labor Honorable James w. Kerr, Jr.
Michael A. Fletcher, Esq.
David M. ' Bridges, Esq.
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