September 24, 2008 DOL Home > OALJ Home > Whistleblower Collection |
USDOL/OALJ Reporter DEPARTMENT OF LABOR Case No: 90-ERA-56 IN THE MATTER OF
URSULA KOSCIUK, vs.
CONSUMERS POWER COMPANY, Hon. Robert G. Mahony
1. On January 23, 1991, a subpoena issued by the Chief Administrative Law Judge was served by certified mail on Advanced Nuclear Fuels Corporation ("ANF"), requesting the production of documents by January 24, 1991. Pursuant to this stipulation, the production of the following documents at ANF's facility in Richland, Washington, at a date and time to be agreed to later, shall be deemed to be in full compliance with said subpoena. The documents will be produced pursuant to the protective order set forth below. 2. The following documents will be produced by ANF and are subject of the protective order:
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3. The documents described in paragraph 2 above shall not be disclosed or used in any fashion unless in strict compliance with the following order. 4. It is agreed that ANF will not be required to produce any documents relating to ANF's ongoing development of a realistic evaluation methodology (referred to in the original subpoena as "best estimate method LOCA studies") for evaluating an emergency core cooling system (ECCS) under postulated loss of coolant accidents (LOCA) as allowed by 10 CFR 50.46(a)(1)(i). However, ANF does stipulate to the following.
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It is ordered: 5. The documents described in paragraph 2 above shall be used only in Case NO. 90-ERA-56. 6. The documents described in paragraph 2 above shall not be given to any person or agency except for complainant, her attorney and the Administrative Law Judge or Judges responsible for adjudicating Case No. 90-ERA-56. If any documents covered by this order are provided to the Administrative Law Judge, either as an exhibit or otherwise, appropriate steps will be taken by the complainant and her attorney to ensure that the confidentiality of the documents are preserved. Before the documents are introduced as exhibits, not less than five days' notice shall be provided to ANF to permit ANF to appear before the Administrative Law Judge to discuss confidentiality safeguards, if such safeguards cannot be arranged to the satisfaction of ANF, the documents will not be introduced as exhibits. 7. Complainant and her attorney shall: (a) Not reveal the nature or contents of any document [Page 4] produced pursuant to this order to any person not subject to this order; (b) Not use any document for purposes other than those set forth in paragraph 5 & 6 of this order; (c) Not permit any document to leave his or her personal custody and control, except as set forth in paragraph 6 & 7 of this order; (d) Not transcribe, copy or record the contents of any documents; and (e) Promptly return the documents and all copies thereof to counsel for ANF when they are no longer needed for Case NO. 90-ERA-56. 8. If complainant or her attorney knowingly violate any provision of this order, the party violating the agreement agrees to pay ANF ,000 for each violation and the documents produced pursuant to this stipulation and order shall be immediately returned to ANF. DATED THIS 22nd day of May, 1991.
ROBERT G. MAHONY I STIPULATE TO THE ENTRY OF THE ABOVE ORDER.
GERARD S. WELCH
BY: I STIPULATE TO THE ENTRY OF THE ABOVE ORDER.
JOHN T. BURHANS (P32176)
BY:
JOHN T. BURHANS
(P32176) |
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