CLI-80-24, Order Directing Parties to Inform Aslab,By 800707,of Option That Should Be Selected from Commission 800611 Ruling, CLI-80-24,remanding Protected Info Issue to Aslab.Requests State of CA Views,Although Not Yet Participant in OL Issue
| ML16340B054 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 06/25/1980 |
| From: | Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | |
| References | |
| CLI-80-24, NUDOCS 8006300432 | |
| Download: ML16340B054 (4) | |
Text
vr UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Richard S.
- Salzman, Chairman Dr.
W. Reed Johnson Thomas S.
Moore 6'OCKBlZy VSNRy 2
In the Matter of PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Units 1
& 2)
)
)
)
)
Docket Nos.
50-275 OL
)
50-323 OL
)
)
)
ORDER June 25, 1980 On June ll, 1980 the Commission ruled that our protective order improperly sought to preclude discussion of protected in-formation that was not obtained through the hearing process.
CLI-80-24, 11 NRC The Commission was equally divided,
- however, about whether or not those subject to the protective order, before discussing protected information publicly, should be required to establish to our satisfaction that the informa-tion was in fact gained outside the hearing process.
Id. at (slip opinion at 4).
The Commission remanded this issue back to us with instructions "to select one of these options" based on our reading of the law and to modify the non-disclosure affidavit accordingly.
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ofi
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Before doing so we wish to have the parties'iews.
We therefore direct each party to inform us which option in its judgment should be selected, and to supply us with the specific legal reasoning and factual arguments underpinning that choice.
We must decide this matter promptly so that the hearing may proceed.
Those responses should therefore be in our hands no later than Monday, July 7, 1980.
Although we have not yet addressed the matter of the participation of the Governor of California in this proceed-
- ing, we would appreciate receiving the Governor's views on this issue as well.
Xt is so ORDERED.
FOR THE APPEAL BOARD C. J n Bishop Secre ary to the Appeal Board
+t 4