ML20056E037
| ML20056E037 | |
| Person / Time | |
|---|---|
| Issue date: | 08/13/1993 |
| From: | Margulies M Atomic Safety and Licensing Board Panel |
| To: | Zerr L AFFILIATION NOT ASSIGNED |
| References | |
| 93-01-PF, 93-1-PF, 93-673-01-PF, 93-673-1-PF, NUDOCS 9308190242 | |
| Download: ML20056E037 (5) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD PANEL USNRCALJ Before Administrative Law Judge AUG 13 'tM5 Morton B. Margulies ggg j6 Docket No. 93-01-PF In the Matter of ASLBP No. 93-673-01-PF Lloyd P.
Zerr August 13, 1993 i
RULING ON MOTION TO CLOSE FILES Before me for decision is a motion filed by the Defendant, Lloyd P.
Zerr, on July 29, 1993, entitled
" Respondent's Motion To Close Files."
The motion seeks to have the case file sealed, to have previous filings removed from the NRC's Public Document Room and that no further filings be sent to the Public Document Room, pending further Order.
The NRC filed a response to the motion on August 10, 1993, requesting that the motion be denied, except to the extent that the Judge determined that justice required discontinuing the delivery of the parties' filings to the Public Document Room.
i Defendant assert that the case file and those filings available in the Public Document Room contain unproven 9308190242 930813
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9308190242 PDR h
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4 allegations, that those documents in the Public Document Room provide general access to the information for anyone within the industry and that Defendant "is damaged in his ability to carry on his employment."
There is no elaboration as to how Defendant is damaged and the extent of
~
the harm.
The motion further alleges that Mr. Zerr is no t
longer employed by the Federal government so that there is no purpose in having this matter accessible to the public.
Defendant further asserts that there is no public interest in the dissemination of such defamatory information at this stage of the proceeding.
In response, the NRC argues that the Defendant failed to ground his motion in the controlling regulations and that civil and criminal trials are " presumptively open proceedings and open records are fundamental to our system of law."
Brown & Williamson Tobacco Corp. v.
F.T.C.,
710 F.2d 1165, 1177-79 (6th Cir, 1983) cert. denied, 465 U.S.
1100 (1984).
The NRC contends that the motion is indiscriminate in its request to seal all records and is unfocused in demonstrating the types of documents that would create injustice to the Defendant.
NRC argues that all case files
{
that are open to the public prior to decision contain unproven allegations.
Finally, it asserts that even if the j
i record were sealed at this point, the record revealing the
l l i nature of the allegations has already been made available to the public.
l RULING r
The motion shall be denied because good cause has not been shown to warrant the relief sought.
Public access to administrative adjudicatory hearing and the case files is fundamental to the process.
10 C.F.R.
S 13.30(d) provide that the hearing shall be open to the public unless otherwise ordered for good cause shown.
10 C.F.R. S 13.35 (c) provides that the record (including all papers filed in the proceeding) may be inspected and copied by anyone unless subject to a protective order.
Movant has not supported the motion by showing good cause for the request.
Only a bare, non-probative j
allegation of harm was offered which does not satisfy the standard for granting the relief sought.
No case was made l
1 to overcome the public's right to know.
Further, the closing of the files at this time appears I
to be of doubtful value.
All of the records in this case 1
have been available to the public since January 1993 when the proceeding was instituted, including the transcripts from the open sessions conducted on April 5, 1993 and July 1,
1993.
There is not a great deal of time left before the i
start of the trial which is set for October 26, 1993.
It i
l
i
-4 too will be open to the public as provided for in 10 C.F.R. 13.30(d) unless otherwise ordered for good cause shown.
Having determined that the official case file is a public record that should be open and not closed to the public, the request to close access to the contents of the file through the Public Document Room is not a viable issue.
That issue is one that involves the practice and procedures i
of the NRC in making public documents available to the 4
public.
It is not at issue in this proceeding.
i ORDER Based upon all of the foregoing, it is hereby Ordered that Defendant's motion served on July 29, 1993 requesting that the case file be sealed, that previous filings be removed from the NRC's Public Document Room and that no further filings be made in the Public Document Room, pending further order, is hereby denied.
i Morton B. Margulip CHIEF ADMINISTRATIVE LAW JUDGE Dated August 13, 1993 Bethesda, Maryland
4 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 4
Docket No. 93-01-PF 1
In the Matter of Lloyd P.
Zerr ASLBP No. 93-673-01-PFC CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing " RULING ON MOTION" in the above-captioned proceeding has been served t
upon the following persons by U.S. Mail first class, except as otherwise noted, this 13th day of August 1993:
Office of Commission Appellate Adjudication U.S. Nuclear Regulatory Commission Washington, D.
C.
20555 Roger K. Davis, Esq.
{
Daryl M. Shapiro, Esq.
Office of the General Counsel Mail Stop 15 B 18 U.S. Nuclear Regulatory Commission Washington, D.
C.
20555 Morton B. Margulies Chief Administrative Law Judge Mail Stop EW-439 U.S. Nuclear Regulatory Commission Washington, D.
C.
20555 l
Lloyd P. Zerr 718 13th Street, N.E.
Washington, D.
C.
20002 Timothy Clarke, Esq.
5 North Adams Street Rockville, Maryland 20850 aw $ hw 44mes M.
Cutchin V
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