ML19323B693
| ML19323B693 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 05/02/1980 |
| From: | Bishop C NRC ATOMIC SAFETY & LICENSING APPEAL PANEL (ASLAP) |
| To: | Norton B NORTON, BURKE, BERRY & FRENCH |
| References | |
| NUDOCS 8005140082 | |
| Download: ML19323B693 (2) | |
Text
/
NUCLEAR REGULATORY COMMISSION UNITED STATES j
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WASHINGTON, D.C. 20555 G---
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~A MAY 51980 >
CIHMcf thSme, tag Bruce Norton, Esquire Norton, Burke, Berry & Junck hI'"
ff Suite 300 g
3216 North Third Street g\\@
Phoenix, Arizona 85012 In re Pacific Gas and Electric Co.
(Diablo Canyon Nuclear Power Plant, Units 1 & 2)
(Docket Nos. 50-275 & 50-323) (Security Plan)
Dear Mr. Norton:
The Chairman of the Appeal Board has asked me to respond to your letter of April 28, 1980.
In that letter you state that your office received two copies of the transcript of the April 2, 1960 closed prehearing con-ference held in San Luis Obispo, California and that the
" copies were received in a normal mailing envelope. "
You furth'er state that the transcript was not marked to identify it as reporting an ~in camera hearing or to show that the transcript was not available for public disclosure.
You then state "that such treatment of security plan matters could lead to an inadvertent placement of such a transcript in public document rooms, etc."
Finally, you request that arra.lgements with the court reporter be made to insure
" proper treatmen'. of such transcripts. "
Your interest in protecting the Diablo Canyon physical security plan and other sensitive material about that plan is shared by the Board (and, we are certain, by all other parties to this proceeding).
Please be assured that the Board has taken all necessary measures to insure that pro-tected information remains confidential.
The transcripts you received were not sent by the court reporter who transcribed the conference.
Rather, on the specific instructions of the Chairman, the court reporter delivered a single copy of the transcript to the Appeal Board and distributed no other copies.
After receiving the transcript, the Board had it reproduced and delivered l
d Bruce Norton, Esquire a single copy to the staff's lead counsel.
He war instructed to make two additional copies, one for delivery to intervenor's lead counsel and one to you.
No copy was furnished the docket-ing and service section of the Commission Secretary's office to insure that no unauthorized persons might mistakenly be given access to-the transcript.
A second copy of the transcript was mailed to you by staff counsel at the Chairman's direction.
This was done following your telephone conversation with the Chairman in which you requested an additional business day for filing stay papers with the Commission, in part, because you indi-cated in that conversation that you had not yet received the transcript.
(See April 11, 1980 Second Prehearing Conference Order, p. 22, fn, 12).
Because the transcript contained no
" protected information" or other sensitive material concerning the security plan, staff counsel was not directed to follow any special procedures in mailing the transcripts to.you.
In this regard, you will recall it was generally agreed at the prehearing conference that neither the security plan itself, any " sanitized version" of it, or detailed infor-mation about it would be sent through the mail.
- Rather, such materials would be hand-delivered.
(Tr. 112-113).
Howev.er, the Chairman instructed counsel to work out among themselves the details of how other materials in this pro-ceeding should be delivered and to inform the Appeal Board of the procedures adopted.
(Tr. 114).
At this writing, this Board has not received any communication from you or any of the other lead counsel concerning such arrangements.
The Board therefore asks that you'take the lead on this matter and, af ter discussions with the other lead ' counsel, submit an appropriate stipulation to govern the future service of papers.
The Board thanks you in advance for your cooperation.
Very truly yours, M
C. Jean Bishop Secretary to the Appeal Board cc:
James R.
Tourtellotte, Esquire Yale I. Jones, Esquire
.