ML19209B101
| ML19209B101 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 09/07/1979 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | |
| References | |
| NUDOCS 7910090172 | |
| Download: ML19209B101 (2) | |
Text
77 L UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION W1 'f%
COMMISSIONERS:
Y%iy Joseph M. Hendrie, Chaiman th Richard T. Kennedy 2
SEP 7 737s A 7 Peter A. Bradford gQ
)
In the Matter of
)
CD
)
DUKE POWER COMPANY
)
)
(Amendment to Materials License
)
Docket No. 70-2623 SNM-1773 -- Transportation of
)
Spent Fuel from Oconee Nuclear
)
Station for Storage at McGuire Nuclear Station)
ORDER This morning te received a petition for review and a request for an interim protective order in this case from the Commission's staff.
The petition seeks a review of an August 7,1979 Licensing Board ruling which denied the staff's request for an in_ camera hearing and protective orders n
concerning infomation specifying the particular route that spent fuel shipments at issue in this case might use.
The Licensing Board has sched-uled a hearing for 8:30 a.m., Monday, September 10, 1979, at which such information might be disclosed.
The staff's petition here and on September 4,1979 to the Appeal Board are extremely late.
The staff's tardiness has effectively denied other parties an opportunity to reply to the staff's petitions prior to the up-coming Licensing Board hearing.
In addition, the staff has failed to specify particularly how much of the route infomation is already public, 1115 546 7 910090 / W
2 to what extent the upcoming hearings will discuss only general routing corridors rather than particular routes, and what harm to the public interest would result from disclosure.
We therefore canrot say at this time whether tae staff's petition for review should be granted or whether a protective order should finally issue.
However, this is the first case deciding, in the context of the Com-mission's new interim rule on the physical protection of irradiated fuel, 10 CFR 73.37, whether specific routing information should or should not be disclosed.
We believe it is appropriate for us at least to be able to consider the staff's petition and the arguments of other parties on the matter.
Therefore, in order to preserve our jurisdiction to decide the question, we hereby order that infomation srscifically identifying alter-native routes for spent fuel shipments in this case not be disclcsed except in accordance with 10 CFR 2.790(d), until further order of the Commission.
The Licensing Board's August 7 ruling to the contrary is hereby stayed.
We further order that a Commission meeting be held on staff's peti-tion on Monday, September 10,1979, at 11:30 a.m., at 1717 H Street, fM.,
Washington, DC.
The Commission will hear oral argument from the parties at that time on the staff petition for review and whether the requested interim protective order should be continued in effect.
It is so ORDERED.
For the Commission sin Y hl
~
f SAMUELJ.fHILK Secretary of typ Commission Dated at Washington, DC, 11IIl.)r
.> 4 /
/A7 this [
day of September,1979.