ML20032A995

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Notice of Appeal & Exceptions from Special Master 811022 Memorandum & Order.Special Master Erred in Concluding That NRC Should Be Ordered to Produce Info & Documents & That Names of Employees Were Not Confidential
ML20032A995
Person / Time
Site: Crane 
Issue date: 11/02/1981
From: Voigt H
LEBOEUF, LAMB, LEIBY & MACRAE
To:
Atomic Safety and Licensing Board Panel
Shared Package
ML20032A996 List:
References
ISSUANCES-SP, NUDOCS 8111040249
Download: ML20032A995 (3)


Text

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UNITED STATES OF AMERICA b u,so Os NUCLEAR REGULATORY COMMISSIQ 3/

BEFORE THE ATOMIC SAFETY AND LICENSINudeOARD V/

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Docket No. 50-289-SP

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METROPOLITAN EDISON COMPANY

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(Restart)

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(Reopened Proceeding)

(Three Mile Island Nuclear

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Station, Unit 1)

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EXCEPTIONS, NOTICE OF APPEAL, 0)

AND BRIEF IN SUPPORT THEREOF LeBOEUF, LAMB, LEIBY & MacRAE 1333 New Hampshire Ave., N.W.

Suite 1100 Washington, D.C.

20036 (202) 457-7500 Of Counsel:

Attorneys for Two of Three Involved Individuals HARRY H. VOIGT EUGENE R.

FIDELL MICHAEL F. McBRIDE SMITH & SMITH, P.C.

Riverside Law Center 2931 North Front Street Harrisburg, PA 17110 (717) 232-0506 Of Counsel:

Attorneys for One of-Three Involved Individuals DAVID E.

COLE 950 3 S

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November 2, 1981 Okdo[h PDR f

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of

)'

)

METROPOLITAN EDISON COMPANY

)

Docket No. 50-289-SP

)

(Three Mile Island Nuclear

)

(Restart)

Station, Unit 1)

)

(Reopened Proceeding)

)

NOTICE OF APPEAL AND EXCEPTIONS NOTICE OF APPEAL The Three Involved Individuals

  • hereby appeal to the Atomic Safety and Licensing Board from the portions of the October 22, 1981 Memorandum and Order of the Special Master referred to in the exceptions set forth below.

EXCEPTIONS 1.

The Special Master erred in concluding that the NRC 2

Staff should be ordered to produce information and documents-it seeks to protect under the Freedom of Information Act in the circumstances of this case.

October 22, 1981 Memorandum and Order on Confidentiality at 6-10.

On September 28,

1981, the undersigned attorneys entered special appearances for the Three Involved Individuals.

2.

The Special Master erred in concluding that he should decline to order confidentiality of the names of the three present and former employees of Metropolitan Edison Company at Three Mile Island whose names would be disclosed..if the unexpur-gated copies of the NRC's reports at issue were disclosed.

October 22, 1981 Memorandum and Order on Confidentiality at 11-14.

3.

The Special Master erred. in concluding that dis-closure of. the names of involved individuals should be ordered "even though it still appears that a reasonable accommodation may be possible through. n camera proceedings and protective orders."

October 22, 1981 Me'morandum and Order on Confidentiality at 13.

Respectfully submitted, LeBOEUF, LAMB, LEIBY & MacRAE By aA/w

{' Partner (f 1333 New Hampshire Ave., N.W.

e Suite 1100 Washington, D.C.

20036 Of Counsel:

(202) 457-7500 EUGENE R.

FIDELL Attorneys for Two of Three MICHAEL F.

McBRIDE Involved Individuals SMITH & SMITH, P.C.

Riverside Law Center 2931 North Front Street Harrisburg, PA 17110 Of Counsel:

(717) 232-8506 DAVID E. COLE Attorneys for One of Three Involved Individuals