ML19317H455

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Suppl to 800515 Motion to Quash Subpoenas for Expedited Consideration.Encl Subpoena of Jg Herbein Indicates Grand Jury Investigation Is Inextricably Intertwined w/790328 Incident at TMI
ML19317H455
Person / Time
Site: Crane 
Issue date: 05/27/1980
From: Voigt H
LEBOEUF, LAMB, LEIBY & MACRAE, METROPOLITAN EDISON CO.
To:
NRC COMMISSION (OCM)
Shared Package
ML19317H456 List:
References
NUDOCS 8006060552
Download: ML19317H455 (2)


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3 NUCLEAR REGULATORY COMMISSION

_3 UNITED STATES OF AMERICA J

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In the Matter of

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METROPOLITAN EDISON COMPANY )

Docket No. 50-320 (Three Mile Nuclear

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Station, Unit 2)

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SUPPLEMENT TO MOTION TO QUASH SUBPOENAS AND FOR EXPEDITED CONSIDERATION On May 15, 1980, the undersigned filed a " Motion to Quash Subpoenas and for Expedited Consideration".

In that Motion, we stated that the subpoenas issued by the Director of the Office of Inspection and Enforcement

(" Director") should be quashed because, among other reasons, the Commission's investigation overlapped that of the May 1980 Grand Jury now sitting in Harrisburg, Pennsylvania.

Motion at 4.

Since the filing of that Motion, an additional subpoena duces tecum has been issued by the Grand Jury to John G. Herbein, Vice-President, Metropolitan Edison Company, which clearly indicates that the Grand Jury's investigation is inextricably intertwined

.with the March 28, 1979 incident at Three Mile Island.

A copy of the subpoena duces tecum is attached as Exhibit A.

For the foregoing reasons, as well as those stated in the Motion, the Commission should quash the subpoenas

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THIS DOCUMENT CONTAINS POOR QUAUTY PAGES 80 060 ee552.

. issued by the Director.

Respectfully submitted, Mt HARRY [ VOIGT EUGENE R. FIDELL MICHAEL F.

McBRIDE LeBOEUF, LAMB, LEIBY & MacRAE 1333 New Hampshire Avenue, N.W.

Washington, D.C.

20036 (202) 457-7500 SMITH B.

GEPHART JANE G. PENNY KILLIAN & GEPHART 218 Pine Street Harrisburg, Pennsylvania (717) 232-1851 Attorneys for Movants Joseph J. Chwastyk George A. Kunder Hugh A. McGovern Brian A. Mehler Lynn O. Wright William Zewe May 27, 1980 i

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