ML16341B319
| ML16341B319 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 04/03/1980 |
| From: | Salzman R NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | PACIFIC GAS & ELECTRIC CO., SAN LUIS OBISPO MOTHERS FOR PEACE |
| Shared Package | |
| ML16341B320 | List: |
| References | |
| NUDOCS 8004230103 | |
| Download: ML16341B319 (8) | |
Text
ENDIX UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Richard S.
- Salesman, Chairman Dr. N.
Reed Johnson Thomas S.
Moore
)
In the Matter of
)
)
PACIFIC GAS AND ELECTRIC COMPANY
) Docket Nos.
50-275 OL
)
50-323 OL (Diablo Canyon Nuclear Power Plant,)
Units 1 and 2)
)
)
PROTECTIVE ORDER ON SECURITY'LAN INFORMATION Counsel and witnesses for Intervenor San Luis Obispo Mothers for Peace (Intervenor) who have executed an Affidavit of Non-Disclosure, in the form attached, shall be permitted
/
access to "protected information" upon the following condi-tions:
l.
Only Intervenor's counsel and. Intervenor's experts who have been qualified in accordance with the requirements of our decision in Pa'cific Gas G'lectric Compan (Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-410, 5
NRC 1398 (1977), and our Order of February 25, 1980 in this pro-
- ceeding, may have access to protected information on a "need to know" basis.
"/
As used in this order, "protected information" has the same meaning as used in the Affidavit of Non-Disclosure, annexed hereto.
2.
Counsel and experts who receive any protected infor-mation (including transcripts of in camera hearings, filed testimony or any other document that reveals protected infor-mation) shall maintain its confidentiality as required by the annexed Affidavit of Non-Disclosure, the terms of which are hereby incorporated into this protective order.
3.
Counsel and experts who receive any protective infor-mation shall use it solely for the purpose of participation in matters directly pertaining to this security plan hearing and any further proceedings in this case directly involving security matters, and for no other purposes.
4.
Counsel and experts shall keep a record of all pro-tected information in their possession and, shall account for and deliver that information to the Commission official desig-:
nated by this Board in accordance with the Affidavit of Non-Disclosure that they have executed.
5.
In addition to the requirements specified in the Affidavit of Non-Dis'closure, all papers filed in this pro-ceeding (including testimony) that contain any protected information shall be segregated and:
(a) served on lead counsel and the m'embers of this Board only; (b) served in a heavy, opaque inner envelope bearing
'he name of the addressee and the statement "PRIVATE.
TO BE OPENED BY ADDRESSEE ONLY."
Addressees shall take all necessary precautions to en-sure that they alone will open envelopes so marked.
6.
- Counsel, experts or any other individual who has rea-son to suspect that documents containing protected information may have been lost or misplaced (for example, because an ex-pected paper has not been received) or that protected informa-tion has otherwise become available to unauthorized persons shall notify this Board promptly of those suspicions and the reasons for them.
It is so ORDERED.
FOR THE APPEAL BOARD Rzc ar S.
Sa
- zman, C az.rman Done at San Luis Obispo, California, this 3rd day of April, 1980.
UNITED STATES OF AMERICA NUCLEAR REGULATORY COHKISSIOM ATOMIC SAFETY AND LICENSING APPEAL BOARD
).
In the Matter of
)
)
PACIFIC GAS AND ELECTRIC COMPAVY
)
)
(Diablo Canyon Nuclear Power Plant,)
Units 1 and 2)
)
)
Docket Nos.
50-275 OL 50-323 OL AFFIDAVIT OF NQN-DISCLOSURE being duly sworn, state:
1.
As used in this Affidavit of Non-Disclosure, (a) "Protected information" is (1) any form of the physical security plan for the licensee's Diablo canyon Nuclear Power Plant, Units 1
and 2; or (2) any information dealing with or describing details of that plan.
(b)
An "authorized person" is (1) an, employee of the Nuclear Regula-tory Commission entitled to access to protected information; (2) a person who, at the invitation of the Atomic Safety and Licensing Appeal Board ("Appeal Board" ), has executed a copy of this affidavit; or (3) a person employed by Pacific Gas and Electric Company, the
- licensee, and authorized by it in accordance with Commission regula-tions to have access to protected information.
2.
I shall not disclose protected information to anyone except an authorized
- person, unless that information has previously been disclosed in the public record of this proceeding.
I will safeguard protected
information in written form (including any portions of transcripts of in camera
- hearings, filed testimony or any other documents that contain such information), so that it remains at all times under the control of an authorized person and is not disclosed to anyone else.
3.
I will not reproduce any protected information by any means without the Appeal Board's express approval or direction.
So long as I possess protected information, I shall continue to take these precautions until further order of the Appeal Board.
4.
I shall similarly safeguard and hold in confidence any data,
- notes, or copies of protected information and all other papers which contain any protected information by means of the following:
(a) my use of the protected information will be made at a facility in San Francisco to be made available by Pacific Gas and Electric Company.
(b)
I will keep and safeguard all such material in a safe to be obtained by intervenors at Pacific Gas and Electric Company's expense, after consultation with Pacific Gas and Electric Company and to be located at all times at the above designated location.
(c)
Any secretarial work performed at my request or under my supervision will be performed at the above location by one secretary of intervenor's designation.
Intervenors shall furnish Pacific Gas and Electric Company, the Board and Staff an appropriate resume of the secretary's background and experience.
(d)
Necessary typing and reproduction equipment will be furnished by Pacific Gas and Electric Company.
(e)
All intervenor mailings involving protected information shall be made from the facility furnished by Pacific Gas and Electric Co.
- 5. If I prepare papers containing protected information in order to participate in further proceedings in this case, I will assure that any secretary or other individual who must receive protected information in order to help me prepare those papers has executed an affidavit like this one and has agreed to abide by its terms.
Copies-of any such affidavit will be filed with the Appeal Board before I reveal any protected information to any such person.
6.
I shall use protected information only for the purpose of preparation for this proceeding or any further proceedings in this case dealing with security plan issues, and for no other purpose.
7.
I shall keep a record of all protected information in my possession, including any copies of that information made by or for me.
At the conclusion of this proceeding, I shall account to the Appeal Board or to a Commission employee designated by that Board for all the papers or other materials containing protected information in my possession and deliver them as provided herein.
Qhen I have finished using the protected information they contain, but in no event later than the conclus ion of this proceeding, I shall deliver those papers and materials to the Appeal Board (or to a Commission employee designated by the Board), together with all notes and data which contain protected information for safekeeping during the lifetime of the plant.
8.
I make this agreement with the following understandings:
(a) I do not waive any objections that any otherperson may have to executing an affidavit such as this one; (b) I will not publicly discuss or disclose any protected information that I receive by any means whatever.
Subscribed and sworn to before me this day of April, 1980