The opinion of the court was delivered by: RAMBO
Although the criminal action involving the United States and Metropolitan Edison Company was concluded when, on March 1, 1984, this court entered an order accepting a plea of guilty from the defendant on Count 2 of the indictment and pleas of nolo contendre to Counts 4, 5, 7, 8, 9 and 10, the matter has not been totally resolved. This is so because, even before the guilty and nolo pleas were made, the defendant, Metropolitan Edison Company, filed a motion for disclosure of the record of the March, 1983 grand jury that had returned the indictment under which the company was charged. The motion requested the United States Attorney to disclose to the defendant and to the Nuclear Regulatory Commission the full record of the March, 1983 grand jury for use by both parties in the pending administrative proceedings concerning the restart of Three Mile Island Unit One. This motion was filed on February 28, 1984 and was accompanied by a supporting memorandum of law.
This motion for disclosure created a flurry of activity. It was followed on March 2, 1984 by a Motion of Amici Three Mile Island Personal Injury Plaintiffs to Impound All Grand Jury Documents, Subpoenae and Transcripts. This, too, was supported by a contemporaneously filed memorandum.
Next, on March 14, 1984, the court received what it considers to be best characterized as the Amicus Response of Numerous Unnamed Grand Jury Witnesses who opposed the original motion for disclosure filed by Metropolitan Edison. On March 26, 1984, the Government filed its brief in response to Metropolitan Edison's motion for disclosure. This governmental response opposes any disclosure to Metropolitan Edison. The Government's response noted, however, that the Nuclear Regulatory Commission had indicated to the Department of Justice that it desired to have released to it all pertinent grand jury materials, including the record of the March, 1983 grand jury and the May, 1980 grand jury (Government's memorandum at page I). While the Government (through the United States Attorney for the Middle District of Pennsylvania) opposes the release of grand jury materials to defendant Metropolitan Edison Company, it has gone on record supporting release of the same material to the Nuclear Regulatory Commission.
The final documents in this somewhat confusing and sometimes gratuitous barrage of filings arrived on April 4, 1984. The same unnamed grand jury witnesses who, on March 14, 1984, had filed an opposition to disclosure of the grand jury materials to Metropolitan Edison moved to intervene nunc pro tunc in order to oppose both Metropolitan Edison's motion and the Government's acquiescence/request for disclosure of the materials to the Nuclear Regulatory Commission. This motion was accompanied by a memorandum of law. Lastly, on April 4, 1984, this court received from the unnamed grand jury witnesses a document captioned: Response in Opposition To The Nuclear Regulatory Commission's Request For Disclosure Of The Grand Jury Record.
This court is of the opinion that motions by proxy and gratuitous legal justifications are not acceptable in a matter of such undenied significance as that at issue here. Should the Nuclear Regulatory Commission have any interest in having the grand jury material disclosed to it, it is fully cognizant of its rights and duties in this regard and this court feels certain that if and when it has a sincere interest in pursuing this issue it will act accordingly.
In light of the fact that the Nuclear Regulatory Commission has not come before this court seeking disclosure of the grand jury materials and in light of the fact that such secret materials are reluctantly disclosed to even bona fide movants, much less to proxies, messengers and interested third parties, this court will summarily reject any second hand requests contained in the documents set forth at the beginning of this opinion. Accordingly, then, this court will also ignore any memorandum opposing disclosure to a governmental entity which has not yet sought it.
However, before the court can turn to the only motion properly before it, it must dispose of another related but generally extraneous matter, i.e., the motion to impound filed by the Three Mile Island personal injury plaintiffs. This motion will be dealt with in a separate order to be issued concurrently with the instant opinion.
This leaves us with the following documents for consideration:
(1) Defendant Metropolitan Edison's motion;
(2) Defendant Metropolitan Edison's brief in support thereof;
(3) The Government's response to defendant's motion but only insofar as it deals with grand jury secrecy generally and with disclosure to Metropolitan Edison;
(4) A document filed by the unnamed grand jury witnesses on March 14, 1984 which this court considers an amicus brief opposing ...