for that matter, does the argument of increased cost. The Supreme Court has consistently rejected the arguments that reduced costs (in either time or money) justify breaches of grand jury secrecy. Sells at 103 S. Ct. at 3142; Smith v. United States, 423 U.S. at 1303, 96 S. Ct. at 2, 46 L. Ed. 2d 9 (1975); and Procter and Gamble, 356 U.S. at 682-83, 78 S. Ct. at 986-87.
The Nuclear Regulatory Commission also contends that many of the traditional reasons for grand jury secrecy no longer exist. This, of course, is a factor in considering a "slip around"; however, this court finds that the factors of retribution and ridicule remain. Additionally, we believe that the chilling effect on these and future witnesses before the grand jury cannot be overlooked.
By its own admission, it is not seeking the records to further its investigation into the Hartman allegations for use in connection with its decision on restart of TMI Unit I. Instead, it seeks the grand jury records to determine whether regulatory action against individuals employed in sensitive positions in the nuclear industry is warranted (Nuclear Regulatory Commission's reply memorandum of June 8, 1984 at p. 3).
The public certainly has an interest in seeing that proper regulatory action is taken against individuals employed in sensitive positions in the nuclear industry who are shown to have violated regulations or committed other professional misdeeds. It is also unarguable, however, that the Nuclear Regulatory Commission can identify the individuals employed in such positions, investigate them and regulate them without a full scale release of the grand jury records. The Commission argues that it must do more than investigate and interview these known employees. It says it must interview all of the persons who had contact with these people (NRC's reply memorandum at p. 5). It is the opinion of this court that the movant has asked for too much too soon.
In the interest of protecting both the integrity of the grand jury system and responding to the purported needs of the public (although this court is not admitting that disclosure is the most productive and fitting way to meeting these needs), this court suggests that the Nuclear Regulatory Commission initiate its own investigation of these employees pursuant to its own investigative and subpoena powers. We further suggest that the Nuclear Regulatory Commission analyze, collate and evaluate the documents and records already in its possession or obtainable from Metropolitan Edison Company. When and if, as a result of the knowledge gained in this investigation, the NRC is able to formulate and compose a carefully tailored request for disclosure of the records which is supported by a particularized showing of the kind of extraordinary and compelling need discussed throughout this memorandum, the Nuclear Regulatory Commission should re-petition this court. While such a limited and particularized request may "slip around" Rule 6(e), the general and broad request presently before us can not. The disclosure presently requested would be both premature and unjustifiable; therefore, the motion will be denied at this time.
Finally, the court notes that defendant Metropolitan Edison made a gratuitous re-entrance into the fray. On May 29, 1984, Metropolitan Edison filed a response to the Nuclear Regulatory Commission's Motion for Disclosure. Because Metropolitan Edison lacks standing in this motion and has not been accepted as an intervenor, we pay no attention to this document other than to the paragraph which requests this court to reconsider its order of April 10, 1984 concerning release of similar materials to Metropolitan Edison. That request for reconsideration is denied as untimely filed pursuant to Middle District Rule of Court 604.
For the reasons expressed in the accompanying memorandum, IT IS HEREBY ORDERED THAT the motion of the Nuclear Regulatory Commission for the disclosure to them of those portions of the records of the March, 1983 and May, 1980 grand juries which relate to the so-called Hartman allegations is denied.