ML17083A432
| ML17083A432 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 07/30/1980 |
| From: | Olmstead W, Swartz L NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| Shared Package | |
| ML17083A433 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8008040075 | |
| Download: ML17083A432 (4) | |
Text
UNITED STATES OF AMERICA iNUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING APPEAL BOARD In the Matter of
)
)
PACIFIC GAS AND ELECTRIC COMPANY
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(Diablo Canyon Nuclear Power Plant
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Unit Nos.
1 and 2)
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Docket Nos. 50-L.
and 0-323 0.
NRC STAFF
RESPONSE
TO SAN LUIS OBISPO MOTHERS FOR PEACE OBJECTION TO AMENDED AFFIDAYIT OF NON-DISCLOSURE On July 24,
- 1980, new counsel for the San Luis Obispo Mothers for Peace (SLOMFP) sent a letter to the Atomic Safety and Licensing Appeal Board in which they declined to execute affidavits of non-disclosure in their amended form oecause of the description of "protected information" in Paragraph l(a) of the affidavit.
Although counsel failed to serve this letter on the other parties to this proceeding, the Staff did obtain a copy of it and believes that the objection is without merit.
In a July 15, 1980 Memorandum and Order, the Appeal Board rejected an almost identical amendment to Paragraph l(a) requested by Mr. Jones, then counsel for SLOMFP, in his July 10, 1980 letter to the Appeal Board. Instead, the 1I 11 Mr. Jones'uggested revision of Paragraph 1(a) reads as follows:
"1.
As used in this Affidavit of Non-Disclosure (a)
'Protected Information's (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 obtained from applicant or the Commission by virtue of these proceedings which is not otherwise a matter of
@50+
public record and which deals with or describes 8 0 0 8 Q cgi0 ~,7 K 5 81
Appeal Board amended the affidavit of non-disclosure to conform to Mr, Jones' suggestion, but "omittl.ed] the phrase
'from the applicant or the Coranission.'"
It is this amended affidavit to which new counsel for SLOMFP now object.
In the Staff's view this objection is untimely and unjustifiable.
Intervenor SLOMFP has had every opportunity to express its thoughts on the propriety of the affidavit of non-disclosure and has availed itself of tnose opportunities.
At this late date it is entirely unreasonable to attempt to make changes to the affidavit which have already been rejected by the Appeal Board.
For the reasons set forth above, the Staff requests that Intervenor SLOHFP's request for another revised affidavit of non-disclosure be denied.
Respectfully submitted, Lucinda Low Swartz Counsel for NRC Staff William J.
Olmstead Counsel for NRC Staff Dated at Bethesda, Maryland this 30th day of July, 1980 1/
Cont'd.
details of the security plan.."
New counsel for SLOMFP request the following phraseology:
(a}
"Protected information" is...(2) any information obtained from the applicant, the staff of the NRC, or anyone who has signed a protective order in this case, by virtue of these proceedings which is not otherwise a matter of public record and which deals with or describes details of the security plan."
0
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