ML20031H551

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Order Specifying Schedule for Appeal to ASLB of Special Master Decision on Confidentiality.Appeals of Order on Confidentiality Must Be Received by 811104 by Parties Counsel & Aslab
ML20031H551
Person / Time
Site: Crane 
Issue date: 10/26/1981
From: Smith I
Atomic Safety and Licensing Board Panel
To:
References
NUDOCS 8110280113
Download: ML20031H551 (4)


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S DOLHETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULAT0Y COMMISSION ATOMIC SAFETY AND LICENSING BOARD Fs Before Administrative Judges:

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Ep Ivan W. Smith, Chairman BRANCit Dr. Walter H. Jordan Dr. Linda W. Little In the Matter of

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METROPOLITAN EDISON COMPANY Docket No. 50-289 (ThreeMileIslandNuclear )

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Station, Unit 1)

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October 26, 1981

> ORDER SPECIFYING SCHEDULEiFOR' OCT2 71981> I APPEAL TO LICENSING BOARD OF

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SPECIAL MASTER'S DECISION ON CONFIDENTIALITY

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/h On' October 22, 1981, Judge Milhollin as Special Master-issued his order ruling that the identity of persons who are or may be implicated in cheating on examiilations is not entitled to confidential treatment in this. reopened proceeding. Judge Milhollin's order provided that any appeals to the Licensing

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Board must be filed within 7 days of the date of service of his order, and that answers thereto must be filed within 7 days of service of any appeals. The October 22, 1981 order was not served on some parties to this reopened proceeding until October 23, 1981 by reguiar mail.

Accordingly, in the normal DS3 course of events, timely appeals could be mailed on November 4, y

and answers to appeals would not be due to be mailed until 12 fg days later which would be liovember 16.

In order to exp2dite 81102901138110%

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the filing of answers to any appeals, and our consideration of them, we are modifying the method of service to eliminate the five day delay for mailing provided by the regulations.

Any appeals of Judge Milhollin's order on confidentiality must be received by November 4 by counsel for the parties to the reopened pro-ceeding / (in the case of TMIA, this means Ms. Louise Bradford), Judge Smith and the Atomic Safety and Licensing Appeal Panel. Judges Jordan, Little and Milhollin and the Aamodt family shall be served by express mail mailed no later than November 4.

The remainder of the service list for the entire restart proceeding may be served by regular mail by November 4.

Answers to any appeals must be r_eceived by 4:00 p.m., November 10 by Judge Smith (2 copies) and the Atomic Safety and Lircr. sing Appeal Panel, since NRC offices are closed on November 11. Judges Jordan, Little and Milhollin and parties who have filed appeals shall be served by cxpress

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mail mailed by November 10 (if the hearing is in session, those present may of course be served in person at the hearing). The remainder of the service list may be served by regular mail by November 10.

FOR THE ATOMIC SAFETY AND LICENSING BOARD

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, Chairman Ivan W. Smi'th ADMINISTRATIVE JUDGE Bethesda, Maryland Oceober 26, 1981

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On the confidentiality issue, in addition to counsel for the Aamodts, Staff, the Commonwealth, TMIA, and Licensee, this includes the offices of Messrs. McBride and/or Cole depending upon whether both firms plan to f'le briefs on appeal on behalf of individuals who may be implicated.

4 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0!411SSION In the Matter of

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METROPOLITAN EDISON COMPANY )

Docket No. 50-289 (Three Mile Island Nuclear (Restart)

Station, Unit 1)

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COURTESY NOTITICATION This is intended solely as a courtesy and convenience to provide extra time to those notified. Official service will be separate from the courtesy notification and will be made by the Office of the Secretary of the Commission.

I hereby certify that I have today mailed copies of the Board's ORDER SPECIFYING SCHEDULE FOR APPEAL TO LICENSING BOARD OF SPECIAL MASTER'S DECISION ON CONFIDENTIALITY, dated this date, to the persons designated (*) on the atta'ched Mailing List.

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' fww ss Doris M. Moran Clerk to the Atomic Safety and Licensing Board Bethesda, Maryland October 26, 1981

MAILING LIST George F. Trowbridge, Esq.

Mr. _ John E. Minnich, Ch' irman a

Shaw, Pittman, Potts & Trowbridge Dauphin County Board of Commissioners 1800 M Street, N. W.

Dauphin County Courthouse Washington, D. C.

20036 Front and Market Streets Harrisburg, Pennsylvania 17101 Counsel for NRC Staff Office of Executive Legal Director Mr. Marvin I. Lewis U. S. Nuclear Regulatory Commission F504 Bradford Terrace Washington, D. C.

20555 Philadelphia,. Pennsylvania 19149 Ms. Marjorie M. Aamodt Jordan D. Cunningham, Esq.

R. D. 5 2320 North Second Street Ccatesville, Pennsylvania 19320 Harrisburg, Pennsylvania '17110 Ms. Gail P. Bradford William S. Jordan, III, Esq.

' Anti-Nuclear Group Representing Harmon & Weiss York (ANGRY) 1725 Eye Street, N.-W., Suite 506 245 West Philadelphia Street Washington, D. C.

20006 York,. Pennsylvania 17404 o

Mr. Robert Q. Polic.J Assistant Counsel 609 Montpelier Street Pennsylvania Public Utility Commission i

Baltimore, Maryland 21218 P. O. Box 3265 Harrisburg,.Penn.sylvania 17120 Robert W. Adler, Esq.

Assistant Attorney General

  • Ms. Louise Bradford.

505 Executive House TMI' Alert, Inc.

P. O. Box 2357 315 Peffer Street Harrisburg, Pennsylvania 17120 Harrisburg, Pennsylvania 17102 WalterW.Coilen,Esq.

Thomas J. Germine, Esq.

Contuner Advocate Deputy Attorney General Department of Justice Division of Law - Room 316 1425 Strawberry Square 1100 Raymond Boulevard

.Harrisburg, Pennsylvania 17127 Newark, New Jersey 07102 Ellyn R. Weiss, Esq.-

  • Michael F. _McBride, Esq.

Harmon & Weiss LeBoeuf, Lamb, Leiby & MacRae 1725 Eye Street, N. W., Suite 506 Suite 1100 i

Washington, D. C.

20006 1333 New Hampshire Avenue, N. W.

1 Washington, D. C.

20036 Mr. Steven C. Sbolly Union of Concerr.ed Scientists Davi,d E. Cole,'Esq.

1725 Ey2 Street, N. W., Suite 601 Smith & Smith, P. C.

i Washington, D. C.

20006 2931 North Front Street Harrisburg, Pennsylvania 17110 Dr. Judith H. Johnsrud

.Or. Chauncey Kepford John Clewett, Esq.

i Environmental Coalition on Nuclear Power The Christi'c Institute 433 Orlando Avenue 1324 North Capitol Street i

State College, Pennsylvania 16801 Washington, D. C.

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