ML20072G508
| ML20072G508 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/27/1983 |
| From: | Voigt H AFFILIATION NOT ASSIGNED, LEBOEUF, LAMB, LEIBY & MACRAE |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML20072G509 | List: |
| References | |
| NUDOCS 8306280527 | |
| Download: ML20072G508 (3) | |
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UNITED STATES OF AMERICA i..
NUCLEAR REGULATORY COMMISSION Of JUN 27 $33 e
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BEFORE THE ATOMIC SAFETY AND LICENSING APPEAIs'L EOARD-m #'
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In the Matter of
)
)
METROPOLITAN EDISON COMPANY
)
(Three Mile Island Nuclear Generating
) Docket No. 50-289 Station, Unit 1)
)
(Restart)
)
RESPONSE OF O, VV, AND W IN OPPOSITION TO AAMODTS' " MOTIONS FOR PROVISION OF INFORMATION AND TO LIFT ORDER OF CONFIDENTIALITY OF REOPENED HEARING" On June 20, 1983, the Aamodts filed a document entitled " Motions For Provision of Information And To Lift Order of Confidentiality of Reopened Hearing".
The individuals referred to as O, VV, and W hereby oppose the Aamodt's Motion insofar as it seeks to lift the requirement of confidentiality.1/
1 Despite the fact that counsel for 0, VV, and W drafted and negotiated the stipulation concerning confidentiality with the Aamodts and all other parties, and despite the fact that counsel for O and VV (Mr.
McBride) and counsel for W (Mr. Cole) are on the Commission's service list in this proceeding for the purpose, inter alia, of participating with respect to the confidentiality issue, the Aamodts did not serve their Motion on the undersigned counsel.
We have asked the Aamodts on a number of occasions that they serve us with their pleadings and other filings.
Because they have again failed to do so, we request that the Appeal Board remind the Aamodts of their responsibility to serve counsel for O and VV, and counsel for W, with copies of all pleadings and other documents filed with the Commission.
8306280527 830627 PDR ADOCK 05000289 9s o3 0
The Aamodts' Motion to lift the requirement of confidentiality should be denied.
The Aamodts voluntarily agreed to the stipulation that imposed the requirement of confidentiality on the parties and witnesses herein.SI For the Appeal Board to even consider relieving them from the stipulation, a substantial change in circumstances must be shown.
No such change has been suggested, much less demonstrated.
The Appeal Board must recognize the unfairness-that attaches to the Aamodts' request. O and W refused to testify, invoking their privilege against self-incrimination, unless they were afforded confidentiality.
They waived their Fifth Amendment privilege only after all parties agreed to the stipulationd!.
For the Commission now to release the Aamodts from their obligations under the stipulation would be to deprive 0, VV, and W of the only benefit S! etropolitan Edison Company (Three Mile Island M
Nuclear Generating Station, Unit 1), ALAB-658, 14 N.R.C.
981, 982 (App. Bd. 1981); see also unpublished Appeal Board order herein dated November 13, 1981.
For the convenience of the Appeal Board, a copy of the Stipulation and Special Master Milhollin's order enforcing it are attached.
S! Paragraph 10 of the Stipulation states, in relevant part:
"The individuals designated as
'O',
'VV' 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."
they gained from the stipulation.
To do so would constitute a grave violation of their rights.
Under no circumstances will they acquiesce in a loss of the confidentiality to which they are entitled.
CONCLUSION The Aamodts' Motion to lift the requirement of confidentiality in this proceeding should be denied.
Respectfully submitted,
- 6 HARR VOIGT EUGENE R. FIDELL MICHAEL F. McBRIDE LeBOEUF, LAMB, LEIBY & MacRAE 1333 New Hampshire Ave., N.W.
Suite 1100 Washington, D.C.
20036 (202) 457-7500 Attorneys for O and VV l
DAVID E.
COLE SMITH & SMITH, P.C.
2931 N. Front Street Harrisburg, PA 17110 (717) 232-0506 Attorney for W s
June 27, 1983
i LIC 11/13/81 UNITED STATES OF AMERICA J
NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i
i 1
In the Matter of
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Docket No. 50-289 METROPOLITAN EDISON COMPANY
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(Res tart)
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(Three Mile Island Nuclear
)
S tation, Unit No. 1)
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To Service Lis t:
Enclosed is a copy of a confidentiality Stipulation and related Order agreed to by the parties and approved by Judge Milhollin on November 12, 1981, which Licensee is serving at Judge Milhollin's request.
Sincerely,
M t./LGrja.
Ernest L. Blake, Jr.
Counsel for Licensee Enclosures l
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of
)
DOCKET NO. 50-289
)
METROPOLITAN EDISON COMPANY
)
)
('Ihree Mile Island Nuclear
)
(Res tart)
Station, Unit 1)
)
(Reopened Proceeding)
)
ORDER It is hereby ordered by Gary L. Milho111n, 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 invasted in him by the Atomic Safety and Licensing Board.
s A /*2O4 GEry A. Milhollin Admihistrative Judge and Special Master FO
. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
.)
In the Matter of
)
DOCKET NO. 50-289
)
METROPOLITAN EDISON COMPANY
)
)
(Res tart)
(Three Mile Island Nuclear
)
(Reopened Proceeding)
Station, Unit I)
)
)
STIPULATION The partie's to this reopened proceeding, on their own behalf or by counsel, as indicated below, stipulate that 1.
With the additional'. information provided pursuant 4
to paragraph 3 below, it appears that the lettering system adopted by Licensee and used by the parties to date is l
capable of permitting an adequate evidentiary hearing on the issues in this proceeding and shoul'd 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 ti 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
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$ aster, counsel for ths NRC. staff, counsel for the Commonwealth, Mrs. Aamod't and counsel for the Aamodes 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.
1[n 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, shift technical advisors, snd 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.
2
4.
If those parsons idantified in tho Licsnsas's lettering sys tem as "0", "W" and "W" (and such o ther..,_
persons as may be subsequently determined by the Special Master to merit an in camera proceeding for their testimony) are called to testify in this reopened proceeding, their tes timony will be taken in camera, without public notice, and at a place to be agreed on by the parties and the 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 Milhollin.
7.
The testimony in the in camera sessions would continue the use of the lettered system and the transcripts of i_n, camera sessions would be made avali.able to the public n
without restriction.
8.
Should the name of any person who is i
i identified by letter or by number in the Licensee's e
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 i
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idsntified by letter in the Licensee's Icetering system in use id this proceeding without the consent of that person.
10.
The individuals 'desighated 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 decis, ion, except for those portions of the opinion characterizing conduct of counsel.
4 Respectfully submitted, MM M M94 Michael F. McBride LeBOEUF, LAMB, LEIBY, & MacRAE 1333 New Hampshire Ave., N.W.
Suite 1100
. Washington, D.C. 20036 (202) 457-7500 i
l
' Attorney for Two of Three Involved Individuals s
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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 4
'SHAW, PITTMAN, POTTS &
TROWBRIDGE By MWs WA ok, Partner 1800 M Street, N.W.
Washington, D.C. 20036 (202) 822-1000 Attorneys for Metropolitan Edison Company
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Lucinda Low Swartz Office of the Executive LegaI Director U.S. Nuclear Regulatory Conunission Washington, D.C.
20555 (301) 492-7519 Counsel for the NRC Staff L /
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,y Joanne Doroshow Jgd Louise Bradford TMI Alert, Inc.
l 314 Pfeffer Street Harrisburg, PA 17102 (717) 232-3070
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- onn a clawece The Christic Institute 1324 North Capitol Street Washington, D.C.
(202) 797-8106
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Counsel for the Aamodt Family
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ec-Mrs. Marjorie M. Aamodc
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?u%.N Robert W. Adler Assistant Counsel 505 Executive House P.O. Box 2357 Harrisburg, PA 17120 (717) 787-7060 Attorney for the Commonwealth of Pennsylvania i
Approved:
Date Approved:
hser 4-N. /% /1M 7
y Gcry L. Milhollin Administrative Judge and Special Master e
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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
)
(Restart)
(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 uoon the persons identified by one asterisk and by deposit in the United States mail, dirs e class, pos tage prepaid, '.co the other parties on the attached Service List.
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' Deborah B. Bauser r'
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
)
In the Matter of i
)
METROPOLITAN EDISON COMPANY
)
Docket No. 50-289
)
(Restart)
(Three Mile Island Nuclear
)
Station, Unit No. 1)
)
SERVICI LIST Ivm W. SmLth, EsquLre John A. Iavin, Esquire.
Otaizmm Assistet Cotnsel AtomLc Safety and Licensing Board Permsylvania Ptblic Utility Camf.ssion U.S. Nuclear Bagulatory C
- ssion P.O. Box 3265 Washington, D.C. 20555 Harrisburg, Pennsylvania 17120 Dr. Walter H. Jordan Karin W. Carter, Esquire Atomic Safety ed Licensing Bobert Adler, Esquire.
Board Panel Assiste t Attorney General 881 West Outer Drive 505 Executive House Oak Ridge, 'Dmnessee 37830 P.O. Box 2357 Harrisburg, Pemsylvania 17120 Dr. Linda W. Little Atcnic Safety ad Licensing-John E. Minnich Board Panel Q1 airman, Datphin Cotney Board 5000 Hermleage Drive of C*asioners Datphin Cotney Courthouse Raleigh, North Carolina 27612 s
Front ed Market Streets l
Jams R. 'Iburtellotte. Esquire
- Harrisburg, Pennsylvania 17101 Office of the Executive Iagal DLrector U.S. Mv lar Regulatory Famdasion Waltar W. Gohen, Edquire t
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Washington, D.C. 20555 Ccustner Advocate Offim of Constner Advocate Docketing ed Service Sectim 1425 Straherry Square Offica of the Secretary Harrisburg, Pennsylvania 17127 U.S. Nuclear Regulatory ('n=dasion Washingtcn, D.C. 20555 9
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A Jorde D. Cmninghan, Esquire Robert Q. Pollard 2320 North Seccnd Street 609 mntpelier Street j
Harrisburg, Pemsylvmia 17110 Baltinore, Maryland 21218 i
- Ms. louf.se Bradford Chamcey Kapford Judi.th H. Johnsrud
'IMI Alert 1011 Green Street Enviremental Coalitf.cn on Nuclear Power Harrisburg, Pennsylvania 17102 433 Orlm do Avenue Stara College, Pennsylvania 16801 Ellyn R. Weiss, Esquire Harnon & Weiss Marvin I. Iawis 1725 Eye Street, N.W., Suf.ta 506 6504 Bradford Terram Washingecn, D.C.
20006 Philadelphia, Pennsylvania 19149
- Marjorie M. Aamodt s
Steven C. Sholly Unf.cn of Gmcarned Scientists R. D. 5 1725 Eye Street, N.W., Suita 601 Coatesville, Pennsylvmia 19320 Wishingecn, D.C. 20006
'Ihcmas J. Germi.ne, Esquf.re Gail B. Phelps Deputy Attomey General DLvision of Law - Room 316 ANGRY 245 West Philadelphia Street 1100 Raymond Boulevard York, Pennsylvania 17404 Newark, New Jersey 07102 Willian S. Jordan, III, Esquire
. MLchael McBride, Esquire Harman & Weiss LeBoeuf, Lamb, Iaiby & MacRae 1725 Eye Street, N.W., Suf.te 506 1333 New Hanshire Avenue, N.W.
Washingecn, D.C.
20006 Washington, D.C. 20036
- Professor Gary L. Milhollin David E. Cole, Esquire 1815 Jefferscn Street Smi.th & Smf.th-Madism, Wisconsin 53711 Riverside Law Center 2931 North Front Street Harrisburg, Pennsylvania 17110 l
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