ML20058A608
| ML20058A608 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 12/07/1981 |
| From: | Fitzgerald J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| Shared Package | |
| ML20058A382 | List:
|
| References | |
| FOIA-92-436, TASK-AII, TASK-SE ALAB-658, SECY-81-684, NUDOCS 8201110408 | |
| Download: ML20058A608 (2) | |
Text
.
L
{4(
{
/'.....,*%,
5
.)
December 7, 1981_
y 9,
S r.;CY 6 8 4 5
E ADJUDICATORY ISSUE (Information) 5 For The Commission From:
James A.
Fitzgerald Assistant General Counsel
Subject:
REVIEW OF ALAB-658 -- IN THE MATTER OF METROPOLITAN EDISON COMPANY Facility:
Three Mile Island, Unit 1 Petitions for Review:
None Anticipated i
Review Time l
Depires:
December 29, 1981 l
1
Purpose:
To inform the Commission of an Appeal Board decisionhhich,inourview,
, i_
Ey.;- [.
Discussion:
Gary Milhollin, the Special Master in the TMI i
Restart cheating proceeding issued an order denying a request by the cheaters that they be permitted to testify in camera.
The Licensino Board affirmed that deliision.
The licensee aiid two cheaters appealed the Licensing Board's ruling.
Subsequently, the parties entered into an Agreement which provided for confidentiality.
The Special Master approved the stipulation.
b*
8201110408 930412 PDR FOIA GILINSK92-436 PDR tr.;creat;03ja!n.;tt: r.
~~'
Trip Rothschild, OGC f."
i CONTACT:
N' U dD'UUU./.O' d' " M
--/ ~l 4-1465 FDih.SE ~ NS--_.
'~
C:at Gu..: m, cc f,l gmy19og m ~ ~
t ww,,
o o
x.
^ b e-
-.y The Commission 2
t, The parties then withdrew their appeals.
.In I
ALAB-658 the Appeal Board approved the withdrawal ;
of the appeals since they had been rendered moot.
i OGC has previously submitted a paper to the Com-mission on this matter (SECY-81-660). -In responsi; the Commission approved the terms of the stipula-tion.
See Memorandum from Chilk to. Bickwit, datec
- December 2, 1981: [
Recommendation:
~
~
i l
~
/ r n. /)>
[
1 Ja'mes A.
Fitzgerald 4sistant General Counsel
{
i
Attachment:
i ALAB-658 i
l l
t I
r DISTRIBUTION.
Commissioners Com:uission Staff Offices t
I I
~
(
{
i P
1 1
4.
e f
i
5
'h/MN
{.
{
i UNITED STATES'OF AMERICA OXYETED NUCLEAR REGULATORY COMMISSION
WC '
ATOMIC SAFETY AND LICENSING APPEAI, g g g p Administrative Judges:
b
- C :." SECRETARY Gary J.
Edles,' Chairman
' ;c.:.!!!$ & SERViCr.
'Dr. John H. Buck-3P.ANCH 8EREED ggy1g 19g Christine N. Kohl j
In the Matter of
)
)
METROPOLITAN EDISON COMPANY
).
Docket No. 50-289
)
(Restart - Management l
(Three Mile Island Nuclear
)
Issues)
. Station, Unit 1)
)
E l
. ORDER..,
i November 19, 1981 j
(ALAB-658) i Certain individuals requested confidential treatment of their identities in connection with the reopened p'ha'se of this proceeding, which involves allegations of cheating on NRC examinations.
Administrative Judge Gary Milho111n, serving as a Special Master, issued a decision denying the request.
LBP-81-50, 14 NRC (1981).
On November 6, 1981, i
the Atomic Safety and Licensing Board affirmed that decision (unpublished).
i The Licensee and the "three involved individuals" filed appeals from the Licensing Board's decision on con-fidentiality, accompanied by motions to stay.
We stayed i
1
i
(
r 2
the Board's decision and estab'lished an expedited briefing and oral argument schedule.
The appellants later filed requests' to withdraw their appeals as an outgrowth of an agreement and stipulation reached by all the parties and 1/
approved by the Special Master.
In an order issued on November 13, 1981, we cancelled the briefing and oral argument schedule and lifted the stay, but decided not to dispose of the appeals until the Licensing Board had an opportunity to review the Special Master's approval of the stipulation.
It'did so, and endorsed it in a memorandum and order issued on November 17, 1981.
We now grant the unopposed requests to withdraw the appeals.
Review would serve no purpose since the issues raised have been rendered moot by virtue of the subsequent stipulation of the parties, as approved by the Special Master
--1/
The "three involved individuals" sought to withdraw their appeal except as to those portions of the Licensing Board's decision characterizing the conduct of counsel in the presentation of their Privacy Act arguments.
We concluded that the portions of the Board's decision that the "three involved individuals" continued to appeal fell far short of. satisfying the cri-teria for review of such interlocutory orders.
There-fore, to the extent that these appellants continued to seek our review, via directed certification, of the identified portions of the Board's November 6 decision, we denied that request (unpublished order of November 13, 1981).
t
(
'. 1 i
and the Licensing Board.
To avoid any res5 dual incon-2/
.sistency with the terms of the stipulation,- we also vacate the memoranda and orders of the Special Master l
5 issued on October 22, 19 81 (LBP-8i-50), and the Licensing Board issued on November 6, 1981.
See, Rochester Gas and Electric Corp. (Sterling Power Project, Unit No. 1),
ALAB-596, 11 NRC 867, 869 (1980).
It is so ORDERED.
~
FOR THE APPEAL BOARD
~0.ks5-u kd C.Gean' Shoemaker Secretary to the Appeal Board 6
i 2/
The stipulation provides, among other things, tha*
the testimony of the three individuals, if necessary, will be taken in non-public sessions and that the names of the individuals will not be disclosed to the general public.
b