ML052710196
| ML052710196 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 09/20/2005 |
| From: | Haar B State of MN, Public Utilities Commission |
| To: | Virgilio M NRC/EDO |
| References | |
| G20050556 | |
| Download: ML052710196 (3) | |
Text
DEDMRS DEDR DEDIA STATE OF MINNESOTA PUBLIC UTILITIES COMMISSION AO OCGC September 20, 2005 Martin J. Virgilio Deputy Executive Director for Materials, Research, State and Compliance Programs Office of the Executive Director of Operations Nuclear Regulatory Commission Washington, D.C. 20555-0001
Dear Mr. Virgilio:
I ami'espon'ding to a commient made in your'August 25, 2005 letter to Ms. Patricia Bloomgren, Director of the Environmental Healih Division -of the Minnesota Department of Health.. Your comment was in response to statements in Minnesota Public Utilities Commission Staff briefing papers in the matter of the Monticello nuclear plant spent fuel storage facility certificate'of need (Docket No. E-002/CN-05-123) and dealt with the protected status of safeguards information (SGI).
The Commission understands that'1 0 C.F.R;'73.21 (c) limits access to SGI. The Commrnission also understands that it may be eligible for access but that federal regulation limits the Commission's ability to release such information. In addition, it appears that discussion of nearly all aspects of SGI in a Commission meeting requires closing of the meeting to the public.- Minnesota Statutes section-13D.05, subd. 3(d) also allows the Commission to close meetings "to receive security briefings and reports, to discuss issues related to security systems, to discuss emergency response procedures and to discuss security deficiencies in or recommendations regarding public services, infrastructure and facilities,'if disclosure of the information discussed would pose a danger to public safety or compromise security procedures or responses."
It is also noteworthy that SGI would likely meet the defnition of "security information" uner Minn Stt0 33,Sb.ync h
defi nitin ofscuinfrao" u~nder inn. Stat.' § 13.3 7, Subd. la)and, therefore, would be nonpublic under state law.
In,siu', !there appears to be ampl e support for the Commission maintaiiiing any data it recei ves that meets the' dfinition`o'f-"safg&uards inIformation" 'asnopublic and closing any meeting to discuss security matters raised by SGI.
www.puc.state.mn.us PHONE (651) 296-7124 F FAX (651) 297-7073
- TDD (651) 297-1200 *121 7th PLACE EAST
- SUITE 350
- SAINT PAUL, MINNESOTA 55101-2147 lerbpl~~~~~
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I hope this clarifies for you the Commission's understanding of its responsibilities with respect to the proper handling of SGI.
Burl Haar Executive Secretary Cc:
LeRoy Koppendrayer, Chair Phyllis Reha, Vice Chair Marshall Johnson, Commissioner Ken Nickolai, Commissioner Tom Pugh, Commissioner Patricia Bloomgren, Minnesota Department of Health Kari Zipko, Office of the Attorney General
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Iv STATE OF MINNESOTA PUBLIC UTILITIES COMMISSION 121 7 th PLAcE EAST c SUITE 350
- SAINT PAUL, MINNESOTA 55101-2147 Iia 047J82009815
$ 00.370 '
09/2112005 MaWedFrom 55101 US POSTAGE Martin J. Virgilio Office of the Executive Director of Operations Nuclear Regulatory Commission Washington, D.C. 20555-0001
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