ML20032D916
| ML20032D916 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 11/13/1981 |
| From: | Voigt H LEBOEUF, LAMB, LEIBY & MACRAE, METROPOLITAN EDISON CO. |
| To: | Buck J, Edles G, Kohl C Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8111180336 | |
| Download: ML20032D916 (2) | |
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L EBO EU F, LAM B. LElBY & M Ac R AE 1333 N EW H AM PS H I RE Avt., N. W.
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November 13, hj %gg7' 647 453 1385 Vx
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BY HAND BY HAND / s-i*/
Gary J. Edles, Esq.
Dr. John H. Buck Chairman, Atomic Safety and Atomic Safety and Licensing Appeal Board Appeal Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commissic;a Comm.ssion Washington, D.C.
20555 Washington, D.C.
20555 W x BY HAND
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Christine N.
Kohl, Esq.
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Atomic Safety and Licensing ls lE N0'l 13198l * @F--
Appeal Board U.S.
Nuclear Regulatory Commission Q"' C'N T/ g g'
Washington, D.C.
20555
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Metropolitan Edison Company (Three Mile Island Nuclear Station, Unit 1) Docket No. 50-289 (Restart) (Reopened Proceeding)
Dear Madam and Sirs:
Late yesterday afternoon we obtained copies of
- 1) the November 10, 1981 order of the Atomic Safety and Licensing Appeal Board granting a stay of the November 6, 1981 decision of the Atomic Safety and Licensing Board and accepting our appeal thereof, and 2) Ms. Shoemaker's November 12 letter to Judge Milhollin concerning our appeal.
In response, we are submitting herewith a copy 3
of a Stipulation signed by the active parties to this gSD proceeding and by counsel for the " involved individuals."
j (In the case of Mr. McBride of this office, the Stipula-tion was signed for Mr. McBride by Mr. Blake.)
Although j (
the enclosed copy has not been signed by the Special Master, we understand that he has approved it.
We also understand that he will issue a protective order to facilitate enforcement of the Stipulation.
8111180336 811113 PDR ADOCK 05000289 O
PDR G
P Gary J. Edles, Esq.
Dr. John H. Buck Christine N.
Kohl, Esq.
November 13, 1981 Page 2 of particular importance to the Appeal Board is paragraph 10 of the Stipulation.
Pursuant to that para-graph, we and the Licensee must withdraw our respective appeals of the Licensing Board's November 6 decision with the exception of those portions that concern the conduct of counsel in presenting our Privacy Act arguments to the Licensing Board.
Accordingly, we hereby withdraw our appeal to the extent contemplated in paragraph 10 of the Stipulation.
In our view, the Stipulation renders moot questions 1 and 2 as described in your November 10 order.
- However, to preserve our opportunity to defend the Privacy Act position we took in our brief to the Licensing Board, we believe that the Appeal Board should not consider its question 3 moot.
In light of the Stipulation, the expedited schedule for briefing and argument established by the Appeal Board for this matter appears to be unnecessary.
We would sug-gest that 1) the stay imposed by your order be continued pending receipt by the Appeal Board of the Special Master's approval of the Stipulation and a suitable protective order issued by the Special Master, 2) the briefing and oral argument deadlines set forth in the Appeal Board's November 10 order be immediately rescinded, 3) the Appeal Board issue a further order either vacating the Licensing Board's order in whole or in part, establishing a further briefing schedule on the remaining issues, or both, and 4) oral argument be deferred.
When we have received copies of the Stipulation and protective order that have been signed by Special Master Milhollin, we will forward them to you.
We appreciate the prompt attention that the Appeal Board has given to these matters.
Very truly yours,
Enclosure cc w/o enc.:
Ivan W.
Smith, Esq.
Dr. Walter H.
Jordan Hon. Gary L. Milhollin All Parties on Service List Dr. Linda W.
Little
. UNITED STATES OF AMERICA N,UCLEAR REGULATORY C01@!ISSION BEFORE Tile ATOMIC SAFETY AND LICENSING BOARD In the Matter of
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DOCKET No. 50-289
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METROPOLITAN EDISON COMPANY
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(Res tart)
(Three Mile Island Nuclear
)
(Reopened Proceeding)
Station, Unit I)
)
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STIPULATION The parties to this reopened proceeding, on their own behalf or by counsel, as indicated below, stipulate that 1.
With the additional information provided pursuant to paragraph 3 below, it appears that the lettering system adopted by Licensee and used by the parties to date is capable of permitting an adequate evidentiary hearing on the issues in this proceeding and should be retained and used i
throughout this proceeding, including any appeals, except that the stipulation shall not pertain to the identity of any individual who has voluntarily agreed or hereafter agrees to make his,'her identity known in this proceeding.
2.
A Protective Order should be issued requiring non-disclosure of any name of any person who is identified by letter rather than by name, should that person's name be disclosed during this proceeding,
including any appeals.
3.
Subject to the Protective Order referred to in paragraph 2 above, Licensee shall provide to the Special d af cr O1 L1Mgj if i
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$ aster, counsel for the NRC staff, counsel for the Commonwealth, Mrs. Aamodt and counsel for the Aamodts and the two undersigned representatives of TMIA, a key which identifies by name and. job title all Licensee employees and ex-employees (excepting "YY") which heretofore have been designated by letter or number.
This key shall be provided exclusively for use by participants in this captioned proceeding before the Special Master and appeals therefrom.
The key provided shall be retained by the undersigned representatives and : counsel for their use and the use of those assisting them in the course of this proceeding.
In order to assure the effectiveness of this stipulation, no copics of the keys shall be made and their use by those other than the undersigned shall be restricted to the absolute minimum necessary for hearing preparation and for subsequent appeals.
Licensee further agrees to' drop the lettering system throughout the proceeding for all employees other than its past and present control room operators, shif t foremen, shift supervisors, shif t technical advisors, and individual "VV" and
'with respect to these individuals, each individual's l
job classification will be identified.
Licensee further agrees to review all documents it has provided in the course of discovery and to provide as soon as possible to all participants in the proceedings, subject to the Protective Order referred to in paragraph 2 above, material (other than names and job j
classifications) which has been deleted, such as dates, in
. therance of the lettering system.
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4.
If those parsons id:ntified in the Licensco's
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lettering system as "0", "VV" and "W"
(and such other persons as may be subsequently determined by the Special Master to merit an J.r1 camera proceeding for their testimony) are called to testify in this reopened proceeding,. their testimony will be taken J.n camera, without public notice,
_n and at a place to be agreed on by the parties and the special Mas ter, so as to minimize risk of disclosure of their identities.
S.
When i_n, camera sessions of this proceeding are n
scheduled, the parties shall not disclose the fact, time and place of such sessions to anyone, before or during the -
session.
6.
Such in_ camera sessions will be conducted before Special Master Milhollin.
7.
The testimony in the h camera sessions would ~
continue the use of the lettered system and the transcripts of M camera sessions would be made available to the public without restriction.
8.
Should the name of any person who is identified by letter or by number in the Licensee's lettering system be disclosed during testimony of any witness, that person's name will be excised from the record and will not be disclosed by any party or the NRC staff.
9.
The NRC staff or any of its employees or subordinate bodies will not' disclose. the name of any person 3
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10.
The individuals designated as "0", "W" and "W" hereby waive any objections previously stated in this proceeding to further testimony in this proceeding by each of them, subject to the other provisions of this s tipula tion.
The involved individuals and the Licensee agree that they will withdraw their appeal of the Licensing Board's November 6,1981 decision, except for those portions of the opinion characterizing coiiduct of counsel.
Respectfully submitted,
$Ubf W 9M-Michael F. McBride -
LeBOEUF, LAMB, LEIBY, & MacRAE 1333 New Hampshire Ave., N.W.
Suite 1100 Washington, D.C. 20036 (202) 457-7500 Attorney for Two of Three l
Involved Individuals 1
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David E. Cole SMITH & SMITH, P.C.
Riverside Law Center 2931 North Front Street Harrisburg, PA.
17110 (717) 232-0506 Attorney for One of Three Involved Individuals l
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SHAW, PITTMAN, POTTS &
TROWBRIDGE By
&$a WA ok, Partner 1800 M Street, N.W.
Washington, D.C. 20036 (202) 822-1000 Attorneys for Metropolitan Edison Company f, Vfd A
Y Luci6da Low Swartz e
Office of the Executive Lega Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 (301) 492-7519 Counsel for the NRC Staff 4
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V Joanne Doroshow
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e Louise Bradford TML Alert, Inc.
314 Pfeffer Street Harrisburg, PA 17102 (717) 232-3070
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Tohn W Clewett The Christic Institute 1324 North Capitol Street Washington, D.C.
(202) 797-8106 1
Counsel for the Aamodt Family fi
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I Mrs.l Marjorie M. Aamodt
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9' Robert W. Adler Assistant Counsel 505 Executive House P.O. Box 2351 Harrisburg, PA 17120 (717) 787-7060 Attorney for the Commonwealth of Pennsylvania Approved:
Date Approved:
Gary L. Milhollin Administrative Judge and Special Master
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