ML20198J897
| ML20198J897 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 05/30/1986 |
| From: | Voigt H GENERAL PUBLIC UTILITIES CORP., LEBOEUF, LAMB, LEIBY & MACRAE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#286-352 LRP, NUDOCS 8606030243 | |
| Download: ML20198J897 (6) | |
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UNITED STATES OF AMERICA f~
,ji NUCLEAR REGULATORY COMMISSION i
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[.. h' BEFORE THE PRESIDING BOARD
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In the Matter of
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INQUIRY INTO THREE MILE ISLAND )
Docket No. LRP UNIT 2 LEAK RATE DATA
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FALSIFICATION
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MOTION FOR A PROTECTIVE ORDER On behalf of one of the Numerous Employees whom we represent, we hereby move for a protective order to govern further proceedings concerning the alleged violation of Federal Rule of Criminal Procedure 6(e) referred to in the Presiding Board's orders of May 21, 1986.
In its May 21 orders, the Board directed the return of certain portions of the NRR report distributed on May 16, 1986.
The Board emphasized that it had not made a' final judgment on the issues raised.
It directed us to file a pleading by June 6 setting forth the basis of our contention that the material in question constitutes a violation of Rule 6(e).
The other parties and the Staff were afforded an opportunity to reply to that pleading by June 16.
It is our understanding that the Staff plans to file a reply.
8606030243 860530 PDR ADOCK 05000320 G
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In order for us to respond to the Board's order, as amended, it will be necessary for us to make repeated reference to the material.in question.
It may also be necessary for us to refer to other f acts and circumstances, relevant to a resolution of the issue, that are also privileged and that should not be disclosed.
If our June 6 pleading becomes a matter of public record, the whole purpose of this Board's May 21 orders will be circumvented; the identify of our client and the references to matters concerning him that we contend were disclosed to the Nuclear Regulatory Commission in violation Fed.
R. Crim. Pro. 6(e) will become public.
It is our understanding that the Staff's reply similarly will refer in detail to the material in question and may further refer to transactions involving the Grand Jury, relevant to a resolution of the issues, that should not be j
disclosed to the public.
Accordingly, we request that the Presiding Board, on or before June 6, issue a protective order with the following
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provisions:
1.
The pleading required to be filed by counsel for the Numerous Employees on June 6, 1986, and all pleadings filed in response thereto shall be served and filed under seal in envelopes marked, " Filed Under Seal -- Subject to Protective O rd e r . _ _ _ _ _ _ _ _ _ _.
2.
Neither the parties nor the Nuclear Regulatory Commission shall provide copies of those filings to the Commission's Public Document Room.
3.
The parties are directed not to make copies of sugh filings and not to discuss the contents of such filings with any person who is not a party to this proceeding (or an attorney for a party).
4.
Any hearing or oral argument on this matter shall be held in camera.
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The parties are directed not to disclose to or to discuss with any pe.rson who is not a party to this proceeding (or an attorney for a party) any factual matters discussed or referred to during any such in camera hearing.
It is our understanding that the Commission's Staff supports the issuance of a protective order.
In order for a protective order to serve its intended purpose, it should be issued by the Presiding Board on or before June 6.
We therefore request that any party who objects to the issuance of a protective order notify the Presiding Board and us by telephone promptly upon receipt of a copy of this motion.
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WHEREFORE, we hereby move that the Board issue a protective order as set forth above.
Respec tf ully submitted, LeBOEUF, LAMB, LEIBY & MacRAE By w
N Of Counsel:
1333 New Hampshire Avenue, N.W.
William G. Primps Suite 1100 Michael F. McBride Washing ton, D.C.
20036 Molly S. Boast (202) 457-7500 James W. Moeller Marlene L. Stein Smith B. Gephart KILLIAN & GEPHART Jane G.
Penny 216-218 Pine Street Terrence J. McGowan Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorneys for Numerous 1978-79 Employees of Metropolitan Edison Company-May 30, 1986
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE PRESIDING BOARD
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In the Matter of
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INQUIRY INTO THREE MILE ISLAND
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Docket No. LRP UNIT 2 LEAK RATE DATA
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FALSIFICATION
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CERTIFICATE OF SERVICE I hereby certify that I have served copies of " Motion for a Protective Order" by deposit in the United States mail, first class, postage prepaid, or by hand delivery to the following persons this 30th day of May 1986:
Administrative Judge James L. Kelley, Chairman ~
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 i
Administrative Judge Glenn O. Bright l
Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Administrative Judge Jerry R.
Kline Atomic Safety and Licensing Board Panel i
U.S. Nuclear. Regulatory Commission Washington, D.C.
20555 i
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Jack R. Goldberg, Esq.
Office of the Executive Legal Director U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Docketing and Service Branch (3)
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Ernest L. Blake, Jr., Esq.
Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W.
Washington, D.C.
20036 James B. Burns, Esq.
Isham, Lincoln & Beale Three First National Plaza Suite 5200 Chicago, IL 60602 Michael W. Maupin, Esq.
Hunton & Williams P.O.
Box 1535 Richmond, VA 23212 Ms. Marjorie M. Aamodt 200 North Church Street Parkesburg, PA 19365 and P.O.
Box 652 Lake Placid, NY 12946 i
Marlene L.
Stein I
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