ML17083A327

Forwards MD Schuster Prof Qualifications Per Aslab 800225 First Prehearing Conference Order.No Change Occurred to Lists of Prospective NRC Witnesses Encl in

ML17083A327
Person / Time
Site:	Diablo Canyon
Issue date:	04/29/1980
From:	Tourtellotte J NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To:	Buck J, Johnson W, Salzmam R NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP)
References
NUDOCS 8005020239
Download: ML17083A327 (40)

Text

REGULATORY I'>FOR'4ATIOfY DISTR IRUTIO') SYSTE'.<

( 'TOS)

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8005020239 OOC ~ DATE,:- 80/0Q/29 NOTARIZErJ:

%0 ciao) o Canyon l4ucl ear Power Pl ant P

Ur)i t 1P Pac i f ir.

Ga nlo Canyon I')uclear Power Planti Unit 2P Pacific Ga AUTHOR AFFILIAT lr')1" PJ.

Hearing Branch

.)

REC IE'IENT AFFILIATIO4 Atomic safety and Licensing Appeal Panel Atomic Safety ano Licensing Appeal Panel I')f)C K E T 05000275 05000323 SUbJECT; 'Forwarns

<0 Schuster prof gualifications per ASLAB 800225 first prehearing conference oroer ~

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8 005 0R0 MQ April 29, 1980 Richard S. Salzman, Esq.,

Chairman Atomic Safety and Licensing Appeal Board U.S. I'luclear Regulatory Commission Mashington, D.C.

20555 Dr. John H. Buck Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Comaission Mashington, D.C.

20555 Dr. M. Reed Johnson Atomic Safety and Licensing Appeal Board U.S. Nuclear. Regulatory Commission Mashington, D.C.

20555 In the Natter of PACIFIC GAS ANB ELECTRIC CONPANY (Diablo Canyon Nuclear Power Plant Units Nos.

1 and 2)

Docket Nos. 50-275 O.L. and 50-323 O.L.

Gentlemen:

Pursuant to the Appeal Board's First Prehearing Conference Order dated february 25, 1980, enclosed is a copy of the professional qualifications sheet of Natthew 0. Schuster which was not available at the time the NRC Staff distributed the personal qualifications of the rest of the proposed Staff witnesses under cover letter of Narch 24, 1980.

There are no changes to"the list of prospective Staff witnesses which were listed as an enclosure to our Narch 24, 1980 letter.

Sincerely, Encl osure:

Professional gualifications Sheet of Natthew D. Schuster cc:

See next page James R. Tourtellotte Assistant Chief Hearing Counsel DISTRIBUTION:

Reg.

Central LPDR Tourtellotte Davis FF (2)

Shapar/Engelhardt/

Christenbury Ketchen Buckley Kirsl is Chron.

DFFICE OELD

.;.... C 4.Q...,..

sURNAME

. DHav1.

r. I.

DATE $.

NRC FORM 318 (;':

~ >C:

~ V.S. OOVERNI'.cENT FRINTINC OFFICE: l979 289.369

PROFESSIONAL QJALIFICATIONS Matthew D. Schuster My name is Matthew D, Schuster.

I am a Physical Protection Inspector in the Safegusrds Branch of Region V, Office of Inspection and Enforcement, Walnut Creek, California.

I have had 31 years experience in the security and law enforcement fields with the U.S.

Army, Burns International Security Services and the Nuclear Regulatory Commission.

In the capacity'f a Physical Protection Inspector 1 am responsible for performing reviews, assessments and inspections of security plans, procedures and physical arrangements developed to protect against radiological sabotage and against theft of special nuclear materials, I am currently assigned ae the principal physical protection inspector for Diablo Canyon Units ) and 2.

Prior to joining the Nuclear Regulatory Commission I surved as Manager, Management Conculting Services, Burns International Security Services, While in that position I served as a security consultant specializing in nuclear power p)ant security, This included all field work, design and coordination of physical security and electronic protection needs.

Tn addition I gained experience in the formulation of physical security r

plans and development of implementing procedures for specific public utilities.

While in the L'.S. Army I gained experience through the supervision

'of Military Police operations, which included but not limited to:

apprehension of military offenders and civilians who commit offenses in areas under militazy control; control of traffic; internal-security ot command posts and other critical facilities; prevention and investigation of crimes; protection of government property, including the prevention of pilferage of equipment and supplies in transit and in storage; conduct of physical security inspections and physica1 security surveys and measures for aid to military or civil authorites in civil distrubances and disasters.

&P%

A summary'of my technical educational qualifications is attached hereto.

I am a member oE the Americal Society for Industrial Security and have been certified by that organisation as a Certified Protection professional (CPP).

In addition, I am a member of the Bey Area Law Enforcement and Security Liaison Group and a past member ok the International Association of Bomb Technicians

<<nd Investigators.

SCIL(97', NLTHrFH DOUGLAS School 4 Location M1llta~ Police School Oberamagau, Germany

~tion and Year Attended 6 Voeks 19'6 Iaw Enforcement Graduated Yes Highway Patrol School Obezazagau, Germany Cf icers Candidate School Fort Bcnning, GA Northwestern University

Evanston, ILL Officers Advanced, Military Police Schoo'ort

Gordcn, Ga San Francisco Police SPecial Polico Course San Francisco, CA 3 Necks i9$1 22 Reeks 1957 0 Reeks

%960 16 Weeks i962 13 Reeks 1971 Iaw Enforcement Military Sub poets Traffic Safety 4 Physical Security Iaw Enforcement h

Administration Iaw Enforcement Yes Yes Yes Locksmlthing Institu e Little Fall, NJ 6 Months 1972-73 Locksmi hing (Correspondence Course)

Yes HDitary Police School Fort Cordon, G'

Veek 1973 Industrial Defense Yes for Prlvlately Owned and. Privately OPerated Facilities.

Garnes Inves Ligu.tive Services inc.

Los Arpclco, CA Rclaaw Institute Karsas City, MO

. Be3.saw Institute Kan~,

MO 3 days f973 180 P.ours 1976 00 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> 1976 Physical Stress Evaluation School locksmithing (Correspondence Course)

Advanced Locksmithing (Correspondence Course)

Yes Yes Yes Zn-erma ior.al A.soc.

of Chiefs of Police

Atlanta, GA Meek 1977 Protective Services Yes Scour'ty Systems Mar~creat School

Kanm, MO 180 Mourn 19W Buxpier dc F1re Ahums Yes (Correspondence Course)

0 RELhTED CORRESPO~iK)WilCE 0 0050RO ~$

April. 29, 1980 Richard S. Salzman, Esq.,

Chairman Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Comission Mashington, D.C.

20555 Dr. M. Reed Johnson Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Commission tAashington, D.C.

20555 CU Dr. John H. Buck Atomic Safety and Licensing Appeal Board U.S. Nuclear Regulatory Comnission Mashington, D.C.

20555 In the Hatter of PACIFIC GAS ANB ELECTRIC COE'tPANY (Diablo Canyon Nuclear Power Plant Units Nos.

1 Docket Nos. 50-275 O.L. and~50>>32/0.L.

Gentlemen:

and 2)

DOCKETED USNRC MAY 5 19SQ y

Office of the Secretay DocRetfng 5 Serltfce Branch Pursuant to the Appeal Board's First Prehearing Conference Order dated February 25, 1980, enclosed is a copy of the professional qualifications sheet of Hatthew D. Schuster which was not available at the time the NRC Staff distributed the personal qualifications of the rest of the proposed Staff witnesses under cover letter of March 24, 1980.

There are no changes to"the list of prospective Staff witnesses which were listed as an enclosure to our ftarch 24, 1980 letter.

Sincerely,

Enclosure:

Professional qualifications Sheet of Hatthew D. Schuster cc:

See next page James R. Tourtellotte Assistant Chief Hearing Counsel DISTRIBUTION:

Reg.

Central LPDR Tourtellotte Davis FF (2)

Shapar/Engelhardt/

Christenbury Ketchen Buckley Kirsli s Chron.

01

~FF~ge OELD a

svaNaMe

. Rav.l.

r......'.....

OATE jt

PROFESSIONAL QJALIFICATIONS Matthew D. Schuster My name is Matthew D. Schuster.

I am a Physical Protection Inspector in tbe Safeguards Branch of Region V, Office of Inspection and Enforcement, Walnut Creek, California. I have had 31 years experience in the security and Lao enforcement fields with the U.S.

hrmy, Burns Internet'.anal Security Services and the Nuclear Regulatory Commission.

In the capacity of a Physical Protection Inspector I em responsible for performing revievs, assossmonts and inspections of security plans, procedures and physical arrangements deveLoped to protect against radiological sabotage and against theft of special nuclear materiaLs.

I am currently assigned as the principal physical protection inspector for Diablo Canyon Units 1 snd 2.

Prior ro )oining the Nuclear Regulatory Coswnkssion I surved aa Manager, Management Gonculting Services, Burns International Security Services

~

%bile in that position I served as a security consultant specialiting in nuclear pcnrer plant security, This included all field vozk, design and coordination of physical security and electronic protection needs, In addition I gained experience in the formulation of physical security plans and development of implementing procedures for specific public utilities.

While in tne U.S. hrmy I gained experience through the supervision'of Military Police operations, Mhich included but not limited to:

apprehension of military offenders and civilians who commit offenses in areas under military control; control of traffic; internal-security ok command posts and other critical facilitiea; prevention and investigation of crimes; protection of governmpnt property, including the prevention of pilferage of equipment and supplies in transit and in storage; conduct of physical security inspections and physicaL security surveys and measures for aid to military or civil authorites in civil distrubances and disasters.

A summary of my technical educational qualifications is attached hereto.

I am a member oE the Americal Society for Industrial Security and bave been certified by that orggnisatkon as a Certified Protection Professional (CFF).

In addition, I am a member of the Bay Area Law Enforcement and Security Liaison Group and a past member ok the International Association of Bomb Technicians and Investigators.

SCHL~H'M, ttA~atFM, DOUGIAQ School 5 Location Millta~ Police Schoo" Oberamagvz, Germany lU.@~ay Eh,trol School Ober~u, Germany Cf~icezs Candidate School Fort Benning, CA No-UlÃestern University

Evanston, ILL Officers Advanced, Mili~jPol'co Schoo'ort

Cordon, Ga

~tion and Year Attended 6 Veeks 1&9

'3 Vfeeks i95I 22 Reeks i957 0 Veeks i96O i6 7reeR s 1962 Iaa Enforcement Xav Enforcement Military Subjects Traffic-Safety k Physical Security Inv Enforcement h

Administration Graduated Yes Ye Yes Yes San Francisco Police SPecial Police Cou=se San Francisco, CA Locksmlthing Insti u e ILttle Fall, MJ f3 Veeks i971 6 Mor.tha 1972-73 Iav amercement Locksmithing (Correspondence Course)

Yes es NDX~~y Pol'ce School Fort Gord.on, C' Veek-i973 Industrial Defense Yes for Priviately (hmed and. Privately OPerated Fhcillties.

Barnes Invea W.patjve Services Inc.

Los Arpclca, CA Zc3.aalu tna 1+ute Karsas City, MO

- 3 days f973 iGO Hour" 1976 Physical Stress Evaluation School Xockwaithing (Correspondence Course)

Yes Belsav Institute'ana",

MQ 00 hours0 days <br />0 hours <br />0 weeks <br />0 months <br /> i976 Advanced LocksMQQng Yea (Correspondence Course)

R-er."stioral A eoc, of Chiefs of PolIco Atlan.a, CA Sccur <<j Sja <<ems Mar~eront School

Kanm, NO tieek 1977 i80 tlouxa f.978 Protoctive Services Yes Burplar 4 Fire Alarms Yes (Correspondence Course)

0

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE COMMISSION In the Matter of PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Unit Nos.

1 and 2)

Docket jjos. 50-Z7$

OL 5~3>bL NOTICE OF WITHDRAWAL OF APPEARANCE Notice is hereby given that effective this date I withdraw my appearance in the above-captioned proceeding.

All mail and service lists should be amended to delete my'name after this date.

Respectfully submitted, glj!~MES j~

Mare

. Staenberg Counsel for NRC Staff Dated at Bethesda, Maryland this 25th day of April 1980 e

s D0CKe~'sNBC MAY g f980 ~

Ol"CL 0f lfij. ge f'>cfjetinp ~

~

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1 a

UNITED STATES OF fQIERICA NUCLEAR REGULATORY COMMISSION 8

APR34/9

+'

~ofNe~~

Wmg 5 @tvice BEFORE THE NUCLEAR REGULATORY COKiISSION

>anch In the Hatter of PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Units No. 1'nd 2)

)

)

)

Docket Nos. 50-2/5 O.L.

)

~6-323 P.L.

)

)

)

)

INTERVENOR'S NOTION TO STAY PROCEEDINGS AND PETITION FOR REVIEW OF THE AFFIDAVIT OF NON-DISCLOSURE ORDERED BY THE APPEAL BOARD Intervenor, SAN LUIS OBISPO HOTHERS FOR PEACE, re-quests a stay of the proceedings pending review of the form of the affidavit of non-disclosure ordered by the Appeal Board 4

in its Second Prehearing Conference Order of April 11, 1980.

At a prehearing conference in this case on April 2,

1980, to discuss further proceedings into the examination of the adequacy of the Diablo Canyon security plan (10 C.F.R. 573.55),

counsel for intervenor were ordered to sign an affidavit of'on-disclosure in a specified form.

This affidavit is unconstitutional as a vague and overbroad prior restraint on free speech.

The affidavit of non-disclosure (attached as Exhibit

"A") provides, in part, that:

"I shall not disclose protected information to any-one except an authorized

person, unless that in-formation has previously been disclosed in the public record of this proceeding."

"'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."

Finally, paragraph 8'rovides, in part, in violation of the constitutional guarantees of free speech, that "..I will not publicly discuss or disclose any protected information that I receive by any means whatever."-

Counsel for intervenor were given two working days to sign the-affidavit or else be barred-=from the proceeding (Second Prehearing Conference Order, April ll, 1980, page 9).

Both Mr. Jones and Mr. Baldwin signed the affidavit, reserving the right to appeal its terms.

Messrs.

Jones and Baldwin also stated that they would comply with the affidavit when they received some "protected information" from the applicant or N.R.C. staff.

To date, they have received none.

The affidavit of non-disclosure has at least two unconstitutional aspects:

(1) It purports to'prevent disclosure of information obtained outside the course of this proceeding, and (2) lt purports to prevent disclosure of information

which has been the subject of this proceeding but nevertheless by some other means reaches the public domain.

The courts of appeals. are in agreement that an order.

preventing parties or their attorneys from disseminating or commenting'ori information they have obtained independent of the litigation process is a prior restraint; as such, it is pre-sumptively unconstitutional unless it meets the traditionally rigorous standards governing the grant of prior restraints.

E.q.,

Xn re. Halkin, 598 F.2d 176, 204-205 (D.C. Cir. 1979)

(l<ilkey, J., dissenting);

~Rod ers v. United States Steel Cor 536 F.2d 1001, 1007 (3d Cir. 1976);

CBS, Inc. v.

Y~oun 522 F. 2d 234 (6th Cir. 1975);

Chase v. Robson, 435 F. 2d 1059 (7th Cir. 1970); International Products Cor

. v. Koons, 325 F.2d 403, 408 (2d Cir. 1963).

As Judge Friendly said in Koons:

"What causes concern here is that the order went further and curtailed disclosure of information and writings which defendants and their counsel possessed before they sought to take Seldes'eposition.

We fail to see how the use of such documents or information in arguing motions can justify an order preventing defendants and their counsel from exercising their First Amendment rights to disclose such documents and information free of governmental restraint."

Furthermore,,the Seventh Circuit has held that even where a protective order is justified, it must be narrowly and precisely drawn if it is to be constitutional (Chase v.

Robson, 435 F.2d 1059 [7th Cir. 1970) at 1061-1062).

Clearly an

affidavit purporting to prevent disclosure of information already in the public domain, or already possessed before the affidavit was signed, is not "narrowly and precisely drawn."

By,prohibiting public discussion or disclosure of protected information "that I receive by any means whatever,"

the Appeal Board has effectively accomplished indirectly what it indicated in its decision in ALAB-410 that it could not 'do, namely effectively characterizing the security plan as classified information.

Clearly, under 10 C.P.R. 5'90(d) this information is not classified.

Therefore, if by some

,....unforeseen circumstances some aspect of or deficiency in the security plan comes into the public stream by means other than or additional to disclosure thereof by applicant to intervenor's counsel and expert, this information is no longer "protected" by definition.

Clearly, the Appeal Board contemplates some sort of

sanction, probably criminal in nature, for any violation of the affidavit of non-disclosure or protective order.

There-

fore, the consequence of including within the definition of "protected information" information that might already be in the public domain or that might get into the public domain by means other than disclosure of the security plan to the affiant encumbers each affiant with an unconscionable burden were criminal proceedings brought

=or violation of the affidavit.

Specifically, in order to exonerate himself in any such criminal proceedings, the affiant would have to prove that notwithstanding the fact that the specific information was already in the public domain, he did not discuss it.

Prov-ing such a negative is virtually impossible, and intervenor's counsel and expert should not be exposed to such a possibility.

WHEREFORE, intervenor'espectf'ully prays that the Commission grant this petition, stay the effectiveness of the portions of the Second Prehearing Conference Order set-ting'orth the terms of the affidavit of non-disclosure, and direct that appropriate briefs be filed or that oral argument be held, or both.

DATED:

April 23, 1980.

Respectfully submitted, PAUL C.

VALENTINE 321 Lytton Avenue Palo Alto, California 94302 YALE I. JONES 100 Van Ness

Avenue, 19th Floor San Francisco, California 94102 M.

ANDREW BALD</IN 124 Spear Street San Francisco, -California 94105 Attorneys for Intervenor il,~

4~

YALE I.

JONES By

~J P ~Sf M~/~~~~rjN bl.

ANDREM BALDh'IN

t1 UZITZD STATES OF AvERICA NVCLEAR REGULATORY COifNISSIOZ AT&,e] C SAr STY A"~ LICEhS I tee APPEAL BOARD In the Hatter o.

PACIFI C GAS A!'D = =CTRI C CO!'LITANY

)

(Diablo Canyon

." clear Po'-'er Plant,)

t n.'s 1 and

)

Docs er.

os 5C-~75 OL 5O-323 OL A " FI DAVIT OF tsQ?i Dl SCLOSURE S p/J~s being duly s-urn, state:

1 ~

..s usmc thxs nifxdavit of !Ion Disclosure (a)

"Pre:-'.c ted inzori,".ation-is (I) any forr. o the ph"sical secure t>

plan tot the Iice nsee '

Diablo canyon Nuclear Po-'er

- lant ~

and.2;. c= (2) any infor-.ation dealing vith or oescrioing deta>>s tha t pia..

(b)

.~

-utnori=a pais 1

is (1) an employee of the Nuclear Regula tory Co=-.'ssion entirled to access to protected inzor;.ation;

(

)

person -':, at 't'ne invitation of the A chic Sa:ety and Licensing Appea

-rd ("Appeal oard")

p has e):ecuted a copy <<

or (3) e:..njo" ~d by

. aci, jc (as and I

c C>">'cn ne J l censse i

ii ons

=nc au hori "i.d by it in accordance '" t Co.'.i as ion access to prot cted infor=ation.

regu

.-= d-sc-.ose prot'-ctec intor:ation to a

r~

4

~

~

)

a

~ ~

~ L otc r ttc EXHIBlT "A"

1n>ormation in ~ritten form (incl

--.>eluding any pr rtions of transcripts e

s esr>n>s, filed t"-s >eon> or any ot er ocuments that contain such (information) so

~>>

> so that it remains at all times under the control of an authorized ezson person and is not disclosed to anyone else.

3.

I ~ill not reproduce a;y protected

>>itnout tne Aopeal Soar"'ppaboard s expr ss approval as I possess pro ected inform;ation, I shall infoz-ation by an)'ans or d1rec~1on So long cont1nue to ta~e thyrse precautions until furt"~her'rder of the Appeal Soard-4e I shall similarl safe""

y a eguard and hold in confidence any data~

no es, or copies of protected infor.

intor..ation and all other papers vhich v

con ain any protected infor..ation by means of the follo~ing:

.(a) my use of the ~rotectee~

cted 1ndor ation ~111 be ace at a,fac111t>

San =ranci s" o to'e made avail>>able nv p cif1c Gas

~o lectrlc Cc (b)

I -.ill keen ana safeguard all d

suc" =atez al in a s-fe to be obta1. e by

= n-ervenors at.aciiic Gas and

'C'-lectric Co=pany s expanse, after consultation -i"h P-if'c ic Gas and E ectric Company and to be locatec at aIl times a"ai the above des grated location.

(c)

Any secretarial work ezformed at my ez.ormed at my request or under my supevi sion vill be per ozmed at the abo:e Ioc-"

ocation bv one secretary of in"e"'en cesigration.

Intervenozs shall furn'.~1 urn1sh p~ci 1c Gas and

(.azz e:(1 appro

. (s (.e

~ and experience.

resu=e oz tne secretary's bac>.". ounc-d )

">-cess>> z>

(

'('ping ann(

~ >> (>duct 1o.

o.>

cusp 't

.:S a..e>

1 >:C >. r1 C (e) protect ec

(

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( ( ~

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EXHT.BT-T

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1 C I pre

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>>->>arS COA a>ning;.CO.ec.ed 1A>Or".,at1OA Xn Orce.

tc===tici=ate in furti>a urti>> r Gceedinps in t s case sec:e ta ry or othe." ind"

orcer to nelp

-.e pre p-ze tnose papers "as e'ecuted th's one and has acre -d eed to aDde by i ts

.-...=-.

Copies o

anv such a=='"avit wi 1 1 be filed

,fo e

v -eveal anv

.0 ec c,.ation to any such Aerson.

si:all use ~rot

-.. '. i. t zo tAe 'Durpose oi pre a=ation for this roc proceeding or any further proceedin"s

'n this case dealing with secur t

curity plan issues, and.'or no othe-.

purpose

~

l si;all keep a re p

o

. ecord

o. all protected inior.=ation in y posse iAC :-A$ any copies of t' 10n e

i 0

0 conc sion 0: tl>is D. Gcc d~.

G a

Gr G

Cte io-lS Con a Ai ning protec ed in G

a ion,in cy possess andd ce. vur them as rov

~

p ovided herein.

'>:n I:".a;e finished usinS the protected infor..ation t

i 'on t? e> con-ain but q

0 event later t">an the conc~

s ion o'his

~ro

-"d'roce"dng, i sha to

.'..=

.-.>ppeai

-oard (or

=card,,

t.0~ether with all h

c

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0

~ lQ unc( <<g 0>

1 1> s EXHIBIT

4

~

5 a

~s a ffirra unde r pe na) na)ty of perjury under the )ass, ef the U"ed t..at

) ~i)) co-~)y -'

t

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y '"'he te.-s nis

~ fida>it of,>;on-Disci'os f~<-A

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STATE OF CALIFORNIA COUp ~ p San Francisco ss.

On th>s 7 th day of AE'<>1 m the year one tnoucand ar hundred and..80..................

before mc Cynthia L.

Ha 1keX' Notary Public, State of California, duly commissioned and su>am, perso.aiiy appeared

.. gale I. Jones W

~\\

~

t

~

4 Ap A 4\\11

~

I

~

~

.'Ii rowmicsion expirrs

( >>isdcti s t.':... Yo. 3~-Ac~ Ao~vlcdgcn>cm-ncr>c>al (C. C. Scc. l l 4t knou>n to mc to br thc person

..... u>hose name,i S....... subscribed lo the u':.: n instrun>cnt and acrnou>ledged to Ine that.....he..... executed thc same.

IN ll>ITst'ESS ll'HEREOF I haze hercur to set my haqd and af fire'::y officialseal in the....>C3;t~...k.... County of......S..-....F.:......'. thc day anc.'ar in this ccrtificatr f.rst aboue u rittcn.

Xo(ury Public, State of California EXHIBIT "A"

UNITED STATES OF A1KRICA NUCLEAR REGULATORY CO~iISSIOiV BEFORE THE NUCLEAR REGULATORY COi~2IISSION In the Hatter of PACIFIC GAS AND ELECTRIC COMPANY (Diablo Canyon Nuclear Power Plant, Units No.

1 and 2)

)

)

Docket Nos.

50-275 O.L.

)

50-323 O.L.

)

)

)

)

CERTIFICATE OF SERVICE I hereby certify that copies of INTERVENOR'S >IOTION TO STAY PROCEEDINGS AND PETITION FOR REVIEW OF THE AFFIDAVIT OF NON-DISCLOSURE ORDERED BY THE APPEAL BOARD" dated April 23, 1980, in the above captioned proceeding, has been served on the following, by deposit in the United States mail, first class, this 23rd day of April, 1980:

James R. Tourtellotte, Esq.

U.

S. Nuclear Regulatory Commission Office of the Executive Legal Director washington, D.

C.

20555 Bruce Norton, Esq.

3216 North 3rd Street, Suite 202

Phoenix, Arizona 85102 Richard S.

Salzman, Esq.

Chairman Atomic Safety 6 Licensing Appeal Board U.

S. Nuclear Regulatory Commission Washington, D.

C.

20555

/

I One of tne Attorneys for Intervenor San Luis Obispo lIothers for Peace.