ML19340D966
| ML19340D966 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 12/30/1980 |
| From: | Bordenick B, Dempsey P, Earley A LONG ISLAND LIGHTING CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| Shared Package | |
| ML19340D965 | List: |
| References | |
| NUDOCS 8101060002 | |
| Download: ML19340D966 (11) | |
Text
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l 't llh United States of A= erica i
s' Nuclear Regulatory Commission BEFORE THE ATOMIC SAFETY AND LICENSING BOARD o
In the Matter of
)
)
LONG ISLAND LIGHTING COMPAM'
)
Docket No. 50-322 (Shoreham Nuclear Power Station, )
Unit 1)
)
Joint Motion to Accept Stipulation and for Protective Order on Security Plan Information In this Board's Order of January 29, 1978, several of Intervenor Suffolk County's (SC) contentions involving the Shoreham security plan were admitted for disc'overy pur-poses.1/
In the course of the continuing series of negotia-1 tions involving the Applicant, SC and the NRC Staff, the parties have agreed that the particularization of these con-tentions may best be accomplished along the lines of the informal discovery process already underway.
But because of 9
the sensitive nature of security information, steps must be takin to limit access to Shoreham's security plan and related information.
The requirements for obtaining such access were set out in the Appeal Board's decision in Pacific Gas & Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2),
i 1/SC contentions 18a (ii), 18a (v), 18a (vi), 18a (vii),
18a(x) and 18a(xi).
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ALA3-410, 5 NRC 1398 (1977), and in subsequent orders in enat proceeding.
In essence, before a party may have access to a security plan the following conditions must be met:
(1) the party seeking access must show a relationship between his contentions and specific pertions of the security plan; (2) the' security plan should be the subject of a protective order and it must be likely that the person gaining access will abide by the protective order; (3) the person gaining access must have the technical competence to evaluate the.
security plan.
The Applicant, SC and the NRC Staff have, in a series of meetings and phone conferences, discussed the above re-I-
quirements in relation to the Shoreham case.
As a result J
of these discussions the parties agreed upon the stipulation set out in part II below.
Th'e parties also discussed the
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i ter=s of a protective order and affidavit of non-disclosure to be used in this proceeding.
The agreed upon forms are in-i cluded as Enclosure 1 to this motion.
Finally, the parties I
agreed that, if the Board concurs with the agreements reached, a series of working meetings will be held to pursue either resolution or particularization of contentions on security plan issues.
The first of these meetings is tenta-tively scheduled fer January 27, 1981.
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II As noted above, SC has requested that its expert, Marc W. Goldsmith, be given access to the security plan for all purposes directly related to the adjudication of security plan contentions.
In order to meet the requirements set out in the Diablo Canyon case cited above, the Appli. cant, the NRC Staff and Suffolk County stipulate that:
(1) there is a relationship between SC contention 18 and specific portions of the security plan; (2) SC's expert, Marc W. Goldsmith, is i
likely to abide by the terms of a j
protective order concerning the security plan; and (3) SC's expert, Marc W. Goldsmith, has the technical competence to evaluate the security plan within his areas of ex-pertise.
III 1
The Applicant, SC and the NRC Staff request that the Board:
(1) accept the stipulation set out in j
section II above, and 4
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(2) issue the attached " Protective ^ Order on Security Plan Information" (in-cluding the " Affidavit of Non-Dis-closure").
Respectfully submitted, LONG ISLAND LIGHTING COMPANY ga
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Taylor ReygTey, W I W.
Anthony F. Ea. ley, Jr.
NRC STAFF
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Bernard M. Bordanick SUFFOLK COUNTY nGW-f David H.
Gilmartin V
Patricia A. Dempsey Dated:
L December 10_, 1980 l
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UNTIED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AFD LICENSING BOARD In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322
)
(Shoreham Nuclear Power Station, )
Unit 1)
)
PROTECTIVE ORDER ON SECURITY PLAN INFORMATION Counsel and expert for Intervenor Suffolk County (SC), who have executed an Affidavit of Non-Disclosure in the form attached, shall be permitted access to " protected information"l/ upon the following conditions:
1.
Only Intervenor's counsel, Patricia A. Dempsey, and Intervenor's expert, Marc W. Goldsmith, who is qualified in accordance with the requirements of the Appeal Board's decision in Pacific Gas & Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-410, 5 NRC 1398 (1977), and subsequent orders in that proceeding rele-vant to security plan information, may have access to pro-tected information on a "need to know" basis.
2.
Counsel and the expert who receive any protected 1/ s used in this order, " protected information" has the same A
meaning as used in the Affidavit of Non-Disclosure.
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information (including transcripts of in camera hearings, filed testimony or any other document that reveals protected informa-tion) shall maintain its confidentiality as required by the annexed Affidavit of Non-Disclosure, the terms of which are hereby incorporated into this protective order.
3.
Counsel and the expert who receive any protected information shall use it solely for the purpose of participa-.
tion in matters directly pertaining to SC's security plan contention 18 and any hearing that may be held,on any further proceedings in this case directly involving security matters, and for no other purposes.
4 The Applicant shall provide a receipt for all documents containing protected information that are to be given to SC's counsel or expert.
Signed copies of the receipt shall be given to counsel for the Applicant, the NRC Staff and SC.
SC's counsel s
and expert shall account for and deliver protected information to the Commission official designated by this Board in accordance with the Affidavit of Non-Disclosure that they have executed.
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5.
This protective order does not authorize any of the parties to file papers in this proceeding that contain any protected informat' ion.
If it becomes necessary to file such r
papers, this Board will specify additional procedures to be used.
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9 6.
Counsel, the expert or any other individual who has reason to suspect that documents containing protected informa-tion may have been lost or misplaced (for example, because an expected paper has not been received) or that prot-t ted inforna-tion has otherwise become available to unauthorized persons shall notify.this Board promptly of t>ose suspicions and the rer. sons for them.
It is so ORDERED.
I l
t UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD In the Matter of
)
)
LONG ISLAND LIGHTING COMPANY
)
Docket No. 50-322
)
(Shoreham Nuclear Power Station,)
Unit 1)
)
AFFIDAVIT OF NON-DISCLOSURE I,
, being duly sworn, state:
1.
As used in this Affidavit of Non-Disc 1'osure, (a)
" protected information" is (1) any form of the physical security plan for the Applicant's Shoreham Nuclear Power Station; or (2).any information obcained by virtue of these proceedings which is not otherwise a matter of public record and which deals with or describes cetails of the security plan.
(b) An " authorized person" is (1) an employee of the Nuclear Regulatory Commission entitled to access to protected information; (2) a person who, at the invitation of the Atomic Safety and Licensing Board (".',icensing Board"), has executed a copy of this affidavit; (3) a person employed by Long Island i
Lighting Company, the Applicant, and.authoriaed by it in accordance with Commission regulations to have access to protected information, or (4) counsel for Long Island Lighting Company.
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2.
I shall not disclose protected information to anyone except an authorized person, unless that information has previously been disclosed in the public record of this pro-ceeding.
I will safeguard protected information in written form (including any portions of transcripts of in camera hearings, fi. led testimony or any other documents that contain such information), so that it remains at all times under the control of an authorized person and is not disclosed to any-one else.
3.
I will not reproduce any protected information by L
any means without the Licensing Board's express approval or direction.
So long as I possess protected information, I shall continue to take these precautions until further order of the Licensing Board.
4.
I shall similarly safeguard and hold in confidence any data, notes, or copies of protected information by means of the following:
(a) my use of the protected information will be made at a facility on Long Island to be made available by Long Island Lighting Company.
(b)
I will keep and safeguard all such material in a safe to be provided by Long Island Lighting Company, after consultation with Long Island Lighting Company and to be located at all times at the above designated location.
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(c)
Any secretarial work performed at my request or under my supervision will be performed at the above location either (1) by a secretary provided by the Long Island Lighting Company authorized in accordance with paragraph 1(b)(3) above, or (2) by one secretary of my designation.
I shall furnish Long Island. Lighting Company, the Board and Staff an appropriate resume of the designated secretary's background and experience, and that secretary shall comply with paragraph 3 below.
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(d)
Necessary typing and reproductio'n equipment will be furnished by Long Island Lighting Company.
5.
If I prepare papers containing protected information in order to participate in further proceedings in this matter, I will assure that any secretary or other individual who must receive protected information in order to help me prepare
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those papers has executed an affidavit like this one and has agreed to abide by its terms.
Copies of any such affidavit must be filed with and approved by the Licensing Board l
before I reveal any protected information to any such person.
6.
I shall use protected information only for the pur-pose of preparation for this proceeding or any further pro-ceedings in this case dealing with security plan issues, and for no other purpose.
7.
I shall sign the receipt provided by the Applicant j
with any document I receive that contains protected informa-tion.
At the conclusion of this proceeding, I shall account i
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to the Licensing Board or to a Commission employee designated by that Board for all the papers or other materials (including notes and papers prepared by me) containing protected informa-tion in my possession and deliver them as provided herein.
When I have finished using the protected information they contain, bu: in no event later than the conclusion of this proceeding, I shall deliver those papers and materials to the Licensing Board (or to a Commission employee designated by the Board),,
together with all notes and data Which contain protected infor-mation for safekeeping during the lifetime of the plant.
8.
I make this agreement with the understanding that I will not corroborate the accuracy or inaccuracy of information obtained outside this proceeding by using protected information t
gained through the hearing process.
9 Subscribed and sworn to before me this day of-
, 1980, 1
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