ML19263E254
| ML19263E254 | |
| Person / Time | |
|---|---|
| Site: | 07002623 |
| Issue date: | 04/13/1979 |
| From: | Porter W DUKE POWER CO. |
| To: | Roisman A National Resources Defense Council |
| References | |
| NUDOCS 7906050399 | |
| Download: ML19263E254 (4) | |
Text
..
Due POWER GOMPANY
%e, LEGAL DEPART 31ENT
%g P. O. Box EIZE!2 33189 GTTATtT.OTTE, N. G. aan42 wlLLAAme LARRY PCRTER W *'III**838
\\g g-April 13, 1979 4
f,f MC PUBLIC DOCUMENT _ ROOM
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Anthony Z.
Roisman, Esq.
g Natural Resources Defense Council y
917 15th Street, N.W.
Washington, D. C.
20005 Re:
Applicant's Response to Natural Resources Defense Council's March 8, 1979 Request for Production of Documents in Decket No. 70-2623
Dear Mr. Roisman:
By Request for Production of Documents, dated March 8, 1979, the Natural Resources Defense Council requested the Applicant to produce certain documents.
Duke Power Company has searched its files and will make documents available to you after April 13, 1979, at my office in Room 5119, 422 South Church Street, Charlotte, North Carolina.
The request is very broad and we have utilized our best efforts to be responsive.
Certain requests raise objectionable matter.
However, rather than formally stating our position before the Licensing Board pursuant to the regulations, we think it would facilitate your timely discovery if the matter can be resolved informally, as discussed below.
I would appreciate your giving me several days'_ notice before you would like to examine the material.
I will be able to have any specific material copied for you should you request such service.
Duke Power Company will provide the following for your inspection:
Item 1.
All documents relating to the use of alternatives to the transportation of spent fuel.
Item 2.
Summaries of exposures of workers during the actual handling of spent fuel.
7906050399 2300 156
f Anthony Z. Roisman April 13, 1979 Page 2 Item 3.
All documents relating to threats against nuclear facilities.
The identities of certain persons are confidential and we will delete these names before providing you the documents.
Item 4.
All documents relating to potential threats.
These documents will be treated the same as those in Item 3.
Item 5.
Sandia Report No. SAN 77-1307 Preliminary Safeguards htwater Reactors;.1/ a I(MC study on Concepts for Typical Lig/
vulnerability Analysis.
Item 6.
As to documents relating to any plan concerning the sabotage.of proposed trans-shipment of spent fuel, Dike has none.
Duke does have a draft emergency plan in this regard which will be made available to you.
Very truly youis, 1
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Board and All Parties 1./ We have a classified version of the above identified Sandia Report which we are unable to provide you pursuant to our agreement with Sandia.
Howeve:, to facilitate your dis-covery we have not moved for n protective order, but rather have identified the documents and indicated the source from which it may be obtained.
If this course is unsatisfactory, I would appreciate hearing from you.
2/
We maintain that the referenced KMC document is proprietary and confidential.
However-rather than moving for a pro-tective order, we will make such available to you upon tne signing of the " Agreement as to Disclosure of Information" which we have attached he::eto..
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% *eA ku AGREEMENT AS TO DISCLOSURE OF INEORMATION
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.s This Agreement is entered into between Duke Power Company (D.tke), a North Carolina corporation with offices in Charlotte, North Carolina and the Natural Resources Defense council (NRDC), an organization with offices in Washington, D. C.
In consideration of the disclosure of the proprietary information of Duke identified in Duke's April 13, 1979 letter to NRDC in Docket No. 70-2623, and entitled "I<MC Study on Vulnerability Analysis," and subject to further order of the United States Nuclear Regulatory Commission (NRC), an Atomic Safety and Licensing Board appointed by the NRC for Docket No.
70-2623, or a Court of competent jurisdiction, NRDC agrees as follows :
(1)
NRDC may utilize the proprietary information only in connection with preparation for the hearing at NRC Docket No. 70-2623.
(2)
Except as otherwise provided in paragraph (1) hereof, NRDC will not reproduce any proprietary information or disclose any proprietary information to any other person 2Ju0 158 or entity whatever.
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(3)
All proprietary information or evaluations, data, and reports developed from such proprietary information shall be safeguarded by NRDC and held in strict confidence by them as secret and confidencial.
(4)
At the conclusion of use by NRDC of the proprietary I
material, but in no event later than the conclusion of the t
aforementioned hearings at NRC Docket No. 70-2623, NRDC will return to Duke all proprietary material furnished hereunder.
(5)
Duke Power Company retains all right, title and interest in and to the proprietary information.
(6)
No patent rights of any kind whatever are conveyed by Duke Power Company under this Agreement.
(7)
NRDC may not assign this Agreement.
IN WITNESS WHEREOF, the undersigned have duly executed this Agreement the datelnd' year-set _forth below.
NATURAL RESOURCES DEFENSE cod 5dIL DATE DUKE POWER COMPANY DATE 2300 159