Airco, Inc

Text (OCR of the scan at left; may contain errors)

IN THE MATTER OF AIRCO, INC.

Docket 9098. Interlocutory Order, Feb. 18, 1978 Order establishing a protective order providing ten (10) days’ notice before release of certain documents to be supplied in response to subpoena duces tecum. ORDER The Administrative Law Judge has certified to the Commission a paragraph undertaking to provide ten days’ notice before release of certain documents to be supplied by Airco, Inc. in response to a subpoena duces tecum. If we so authorize, it is the Administrative Law Judge’s intention to incorporate this paragraph in a protective order which he will grant to Airco. As our Rules now stand, a “tenday notice” undertaking can only be made by the Commission itself. The action requested by the Administrative Law Judge’s certification is similar to that which the Commission took by order dated January 31, 1977, in Exxon Corporation, et al. The Commission has ‘determined to authorize incorporation of paragraph 6 in the proposed protective order. The language set out in the Administrative Law Judge’s certification will be modified, however, by deletion of the words “designated by Airco as confidential” and substitution therefor of the words “covered by this protective order.” The coverage of such an order is of course for the Administrative Law Judge, not respondent, to determine.

So ordered.

Complaint 91 F.T.C.