File No. 90-ERA-56

URSULA KOSCIUK,
    Complainant,

-v-

CONSUMERS POWER COMPANY,
    Respondent.

Hon. Robert Mahony

John T. Burhans (P32176)
Attorney for Complainant
505 Pleasant St., Ste 204
St. Joseph, MI 49085
(616) 982-8505

Mirce Nestorovski (P38212)
Attorney for Respondent
Consumers Power Company
212 W. Michigan Ave.
Jackson, MI 49201 (517) 788-0488

    At a session of Court, held on the 22nd day of May, 1991.

    PRESENT: HONORABLE ROBERT MAHONY
    Administrative Law Judge

    IT IS ORDERED:

    1. Consumers Power Company will produce for inspection and/or examination, at its Palisades Nuclear Power Plant, during normal business hours, Monday through Friday, 8:00 AM - 5:00 PM, the documents referred to in Complainant's Motion for Order to Compel Discovery dated March 25, 1991.

    2. This Order shall apply to the documents referred to in #1 hereof designated as "Confidential" and itemized in #4 hereof.

    3. All documents produced which are designated "Confidential" shall be stamped on the face of the document as follows: "CONFIDENTIAL".

    4. The following documents shall be produced by Respondent and are subject to this Order:

    (a) All performance evaluations of Engineers (Associate, General, Senior and Staff) at the Respondent's Palisades Plant from September 1, 1986 to April 9, 1991.

    (b) All attendance records of Engineers (Associate, General, Senior and Staff) employed by the Respondent at the Palisades Plant from September 1, 1986 to April 9, 1991.

    (c) A brief summary of all projects completed by Engineers (Associate, General, Senior and Staff) in the Reactor Engineering Department at the Respondent's Palisades Plant from September 1, 1986 to April 9, 1991.

    (d) All documents establishing any disciplinary actions against Engineers (Associate, General, Senior and Staff) at the Respondent's Palisades Plant from September 1, 1986 to April 9, 1991.

    (e) All documents establishing speeding tickets and any other traffic violations of Engineers (Associate, General, Senior and Staff) at the Respondent's Palisades Plant from September 1, 1986 to April 9, 1991.

    (f) Any and all Performance Improvement Action Plans for Engineers (Associate, General, Senior and Staff) at the Respondent's Palisades Plant from September 1, 1986 to April 9, 1991.

    (g) Any and all documents relating to the discharge, suspension or discipline of Engineers (Associate, General, Senior and Staff) at the Respondent's Palisades Plant from September 1, 1986 to April 9, 1991.

   5. The Complainant and her attorney in this case may only disclose information contained in "Confidential" documents in

paragraph 4 to other persons, witnesses or potential witnesses in connection with the trial, settlement or appeal of this case and Van Buren County Circuit Court Case No. 90-34-810-CL-B only as provided for in paragraph 8 of this Order.

   6. Before disclosing confidential information to a person pursuant to paragraph 5, Complainant's counsel shall ensure that the person who will receive such information:

    (a) has received and read a copy of this Order;

    (b) has been advised and understands that he or she will be bound by its terms; and

    (c) has signed a "Statement" in the form attached as Exhibit A.

   7. Complainant's counsel shall maintain a file of all persons who sign "Statements" pursuant to paragraph 6 of this Order. These "Statements" shall be promptly mailed to counsel for Consumers Power Company as soon as any person signs a copy of said "Statement".

   8. Any person, including Complainant and Complainant's counsel, who is given access to a document designated as "Confidential" shall:

    (a) Not reveal the nature or contents of the document to any person not subject to this Order;

    (b) Not use the information for purposes other than those set forth in paragraph 5 of this Order;

    (c) Not transcribe, duplicate or record its contents;

   9. This Order shall not affect or impair the right of any party or person to raise any claim or defense or objection.

   10. If Complainant knowingly violate the terms of this Order, she will pay Consumers Power Company ,000 for each violation and if Respondent's counsel knowingly violates the terms of this Order, he will pay Consumers Power Company ,000 for each violation and Complainant will be prohibited from utilizing any information obtained hereunder either in this administrative hearing or any litigation.

Dated: 22 May 1991

       Robert Mahony
       Administrative Law Judge

    I STIPULATE TO ENTRY OF THE ABOVE ORDER.

Dated: May 15, 1991

    Mirce Nestorovski (P38212)
Attorney for Respondent
Consumers Power Company
212 W. Michigan Ave.
Jackson, MI 49201
(517) 788-0488

    I STIPULATE TO ENTRY OF THE ABOVE ORDER.

Dated: May 17, 1991     John T. Burhans (P32176)
Attorney for Complainant
505 Pleasant St., Ste 204
St. Joseph, MI 49085
(616) 982-8505