ML20099K378

Withdraws 841117 Motion for Stay Pending Appeal Based on Jj Lipinsky 841118 Decision to Waive Privilege to Protect Remaining Documents from Disclosure

ML20099K378
Person / Time
Site:	Comanche Peak
Issue date:	11/19/1984
From:	Gallo J ISHAM, LINCOLN & BEALE
To:	Johnson W, Moore T, Rosenthal A NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
Shared Package
ML20099K356	List: ML20099K354 ML20099K378 ML20099K385 ML20099K388
References
OL-2, NUDOCS 8411290406
Download: ML20099K378 (2)

Text

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ISHAM,. LINCOLN & BEALE COUNSELORS AT LAW 1120 CONNECT' CUT AVENUE.N W SulTE 840 WASMiNGTON Q.C 20036 EDWARD Sli5nAu 1872 '902 202 833-9730 . CHICAGO OFFICE RO8ERTT UNCOLN 1872 1889 THREE FIRST NATIONAL PLAZA WILUAM G SEALE- 1885 1923 CHICAGO. lLUNOI590002 TELEPHONE 312 550-7500 TELEX. 2-5280 November 19, 1984 Alan S. Rosenthal, Chairman Thomas S. Moore, Member

• Atomic Safety and Licensing Atomic Safety and Licensing Appeal Board Appeal Board

. U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C. 20555 Washington, D.C. 20555 W. Reed Johnson, Member Atomic Safety and Licensing Appeal' Board U.S. Nuclear Regulatory Commission '

Washington, D.C. 20555 Gentlemen:

In accordance with the order of the Appeal Board, a motion for stay pending appeal on behalf of-Mr. Joseph J. Lipinsky was served upon all parties by 2:00 p.m.,

November 17, 1934. A copy of that motion is hereby served upon the Appeal Board and the other persons specified in the Comanche Peak service list. As the motion explains in footnote 2 (page 10), it was determined necessary to disclose certain of the documents because the asserted privilege was not now well-founded.

On November 13, 1984, Mr. Lipinsky met with counsel to review, among other things, the remaining l documents which were protected from disclosure by attorney-  !

client privilege. Mr. Lipinsky has decided to waive that '

privilege with respect to the withheld diary notes of November 30, December 1 and December 8, 1983. These notes are being served on the parties today.

Since no other documents are being withheld on the grounds of privilege, and documents required for

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Lettsr to App al Board liovember 19, 1984 Page 2 production by the Licensing Board's November 16 Order have now been produced,.Mr. Lipinsky's action moots the enclosed motion, and it is hereby withdrawn. The parties were advised of Mr. Lipinsky's decision and this action by phone on the morning of November 18, 1984. A letter to the Licensing Board advising them of thi's event and providing copies of all documents is enclosed.

Counsel thanks the Appeal Board for its consideration of this matter.

Sincerely, Joseph Gallo cy: Service List O

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