Home > Electronic Reading Room > Document Collections > Commission Documents > Commission Orders > 2005 > CLI-05-03

UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION

RAS 9113

DOCKETED 01/05/05

SERVED 01/05/05

COMMISSIONERS:

Nils J. Diaz, Chairman
Edward J. McGaffigan, Jr.
Jeffrey S. Merrifield

CLI-05-03

ORDER

This matter is before the Commission on Mr. Chun’s “Motion For Clarification and Amendment” of our previous Memorandum and Order, CLI-04-34. We deny the Motion to amend the Memorandum and Order. However, as explained below, we find that Mr. Chun’s Declaration satisfies the requirements stated in CLI-04-34.

In CLI-04-34, we quashed that portion of the subpoena that sought the tapes and notes of Mr. Chun’s interview with the former plant employee. We conditioned our action on the requirement that, inter alia, Mr. Chun “releas[e] without reservation any claim of ownership in the materials (based upon his creation of them) to the magazine.” Slip Op. at 3. The instant Motion challenges that requirement.

In CLI-04-34, we noted that the magazine had informed the NRC that it lost the materials at issue during an office move. We included the requirement that Mr. Chun release his rights in the tapes or notes as an effort to ensure that the NRC would have access to those materials in the event that the magazine does, at some point in the near future, discover them. Our concern has now evaporated. In his Declaration, Mr. Chun “waive[s] any objection I would otherwise have” to the magazine providing the tapes or notes to the NRC in response to an NRC subpoena. Chun Declaration at ¶13. We find Mr. Chun’s waiver sufficient to meet our goal of assuring NRC’s access to the materials, should the magazine ever locate them. Given Mr. Chun’s explanation of the circumstances, we also accept the unsigned contract as fulfillment of the second requirement. Therefore, we find Mr. Chun’s Declaration meets the requirements of CLI-04-34.

In sum, we accept Mr. Chun’s Declaration, dated December 21, 2004, as fulfilment of the conditions established in CLI-04-34. We note that Mr. Chun also agrees to the interview pursuant to the subpoena, but that his attorney has a conflict with the date. The Office of Investigations is authorized to reach agreement with Mr. Chun’s counsel on a mutually acceptable date, time, and place for the interview of Mr. Chun.

To the extent the Motion seeks any further clarifications, modifications, or amendments to CLI-04-34, it is denied.

IT IS SO ORDERED.

Dated at Rockville, Maryland,
this 5^th day of January, 2005.

Privacy Policy | Site Disclaimer
Thursday, February 22, 2007