ML20038A896
| ML20038A896 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 11/13/1981 |
| From: | Blake E METROPOLITAN EDISON CO. |
| To: | Jordan W, Little L, Smith I Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8111240405 | |
| Download: ML20038A896 (4) | |
Text
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e-LIC 11/13/81 DOCKETED N
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSINbOND 9 P2d8
- ~ zcp w py In the Matter of
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Docket No. 50-289' METROPOLITAN EDISON COMDANY
)
(Restart)
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(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
To Service List:
Enclosed is a copy of a confidentiality Stipulaticn and related Order agreed to by the parties and approved by Judge Milhollin on November 12, 1981, which Licensee is serving at Judge Milho111n's request.
Sincerely, W W. NA,h.
Ernest L. Blake, Jr.
Counsel for Licensee M%Ih j
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00tKETED USNRC
'81 NOV 19 P2:38 UNITED STATES OF AMERICA
~l'hin'ir"l
=r oci NUCLEAR REGULATORY COMMISSION Li BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
DOCKET No. 50-289
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METROPOLITAN EDISON COMPANY
)
)
(Three Mile Island Nuclear
)
(Res tart)
Station, Unit 1)
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(Reopened Proceeding)
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ORDER It is hereby ordered by Gary L. Milhollin, Administrative Judge and Special Master that for the duration of these proceedings all parties signatory to the attached Stipulation will be bound thereby and subject thereto.
Any violations of said Stipulation should be reported to Judge Milhollin, and may be dealt with in any manner by Judge Milhollin pursuant to the enforcement powers invested in him by the Atomic Safety and Licensing Board.
A /*241-GKry A. Milhollin Admihistrative Judge and Special Master MN?6 C E S\\ \\\\ \\ 7o3:55
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C0CKETED U1NRC
. UNITED STATES OF AMERICA NUCLEAR REGULATORY C0htf1SSION
- c. EcaETArY BEFORE THE ATOMIC SAFETY AND LICENSING BOARD $ERVICE 3
In the Matter of
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DOCKET No. 50-289
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METROPOLITAN EDISON COMPANY
)
)
(Res tart)
(Three Mile Island Nuclear
)
(Reopened Proceeding)
Station, Unit I)
)
)
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 l
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 sh,ould be retained and used 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.
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3.
Subject to the Protective Order referred to in paragraph 2 above, Licensee shall provide to the Special w9c cf hf lIl } 7C 3 / 9 m
i 8 aster, counsel for the NRC. staff, counsel for the Commonwealth, Mrs. Aamodt and counsel for the Aamodts and
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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 thster and appeals therefrom.
The key provided shall be retained by the undersigned representatives and : counsel for their use and the use of those assisting Nem in the course of this proceeding.
In order to assure the effectiveness of this stipulation, no copies 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, shift foremen, shift supervisors, shif t technical advisors, and individual "VV" and with respect to these individuals, each individual'.s
, 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 classifications) which has been deleted, such as dates, in furtherance of the lettering system.
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4.
If those persons identified in the Li~censee's lettering sys tem as "0", "VV" and "W" (and such other.....
persons as may be subsequently determined by the Special Master to marit an in camera proceeding for their testimony) are called to testify in this reopened proceeding, their testimony will be taken in camera, without public notice, and at a place to be agreed on by the parties and the i
Special Master, so as to minimize risk of disclosure of their identities.
5.
When in camera session's of this proceeding are 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 Milho111n.
7.
The testimony in the in camera sessions would continue the use of the lettered system and the transcripts of in 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 Licensees 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
identified by letter in the Licensee's lettering system in use in this proceeding without the consent of that person.
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 stipulation.
The involved individuals and the Licensee agree that they will withdraw their appeal of the Licensing Board's November 6, 1981 decis, ion, except for those portions of the opinion characterizing conduct of counsel.
Respectfully submitted,
$ N $h W 9M-
' Michael F. McBride LeBOEUF, LAM 3, LEIBY, & MacRAE 1333 New Hampshire Ave., N.W.
Suite 1100 Washington, D.C. 20036 (202) 457-75/10
' Attorney for_ Two of Three Involved ludividuals f
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David E. Cole SMITH & SMITH, P.C.
Riverside Law Center 2931 North Front Street PA.
17110 Harrisburg,506 (717) 232-0 Attorney for One of Three Involved Individuals s
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'SHAW, PITTMAN, POTTS &
TROWBRIDGE By QWe WA ok, Partne r 1800 M Street, N.W.
Washington, D.C. 20036 (202) 822-1000 Attorneys for Metropolitan Edison Company Mllly.WA ?[h'tYe&
Lucidda Low Swartz 7
Office of the Executive Lega Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 (301) 492-7519 Counsel for the NRC Staff L~ / ml-
, y Joanne Doroshow
/mju dse h 'A Louise Bradford TMI Alert, Inc.
314 Pfeffer Street Harrisburg, PA 17102 (717) 232-3070
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7 ohn W Clewett The Christic Institute 1324 North Capitol Street Washington, D.C.
(202) 797-8106 Counsel for the Aamodt Family
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Mrs. Marjorie M. Aamodt 5
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I Robert W. Adler Assistant Counsel 505 Executive House P.O. Box 2357 Harrisburg, PA 17120 (717) 787-7060 Attorney for the Commonwealth of Pennsylvania Date Approved:
Approved:
1 4 94/
4-N. /% /1M Gary L. Milhollin Administrative Judge and i
Special Mas ter 9
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Nsvemb2r 13,1981 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
)
(Res tart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
CERTIFICATE OF SERVICE I hereby certify that copies of the " Order," and
" Stipulation" dated November 12, 1981, were served this 13th day of November,1981, by hand delivery upon the persons identified by one asterisk and by deposit in the United States mail, [irst class, postage prepaid, to the other parties on the attached Service List.
W B. W~
Deborah B. Bauser
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_.em.--
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
METROPOLITAN EDISON COMPANY
)
Do cke t No. 50-289
)
(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
SERVICE LIST Ivan W. Smith, Esquire John A. Ir.rin, Esquire G airman Assistant Gmsel Atomic Safety and Li nsing Board Pemsylvania Public Utility Comission U.S. Nuclear Regulatory Oxrdssion P.O. Box 3265 Washington, D.C. 20555 Harrisburg, Pemsylvania 17120 Dr. Walter H. Jordan Karin W. Carter, Esquire Robert Adler, Esquire Atmic Safety and Li nsing
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Assistant Attorney Ceneral Board Panel 881 West Outer Drive 505 Executive House Oak Ridge, Tennessee 37830 P.O. Box 2357 Harrisburg, Pemsylvania 17120 Dr. Linda W. Little Atomic Safety and Li nsing John E. Minnich 5000 Hermitage Drive Gairman, Dauphin Gointy Board Board Panel of Grnissioners Dauphin Gotnty Courthouse Ralei@, North Carolina 27612 Front and Market Streets Jams R. Tourtellotte. Esquire Harrisburg, Pennsylvania 17101 Offi of the Executive legal Director U.S. Nuclear Pegulatory Comission Walter W. Cohen, Edquire Washington, D.C. 20555 Consumr Advocate Offim of Consumr Advocate Ibcketing and Service Secticn 1425 Straterry Square Offi of the Secretary Harrisburg, Pemsylvania 17127 U.S. Nuclear Pegulatory Comission Washingtm, D.C. 20555
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- Jordm D. Omningham, EsquLre Robert Q. Pollard 2320 lbrth Seccnd Street 609 tbntpelier Street Harrisburg, Pemsylvania 17110 Baltinore, Maryland 21218
- 5. louise Bradford 01aun y Kepford TML Alert Judith H. Johnsrud 1011 Green Street Envirorcental Coalition on Nuclear Power Harrisburg, Pennsylvania 17102 433 Orlando Avenue State College, Pennsylvania 16801 Ellyn R. Weiss, Esquire Harmon & Weiss Marvin I. leais 1725 Eye Street, N.W., Suita 506 6504 Bradford Terra Washingtcn, D.C.
20006 miladelphia, Pennsylvania 19149
- Marjorie M. Aamodt Stewn C. Sholly Unicn of Concerned Scientists R. D. 5 1725 Eye Street, N.W., Suite 601 Coatesville, Pennsylva11a 19320 Washingtcn, D.C. 20006 Tacmas J. Germine, Esquire Gail B. Phelps Deputy Attomey General ANGRY Di. vision of Lra - Foom 316 245 West Philadelphia Street 1100 Rayrond Foulevard York, Pennsylvania 17404 reeark, tk-s Jersey 07102 Willian S. Jordan, III, Esquire Harron & Weiss 1725 Eye Street, N.W., Suite 506 Washington, D.C.
20006
- Professor Gary L. Milhollin 1815 Jefferson Street Madiscn, Wisconsin 53711
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