ML20003E225

FOIA Request for Documents Re NRC 810220 Order Concerning Facility Physical Security Proceeding

ML20003E225
Person / Time
Site:	Diablo Canyon
Issue date:	03/04/1981
From:	Hanback C HILL, CHRISTOPHER & PHILLIPS
To:	NRC OFFICE OF ADMINISTRATION (ADM)
References
FOIA-81-84 NUDOCS 8104020558
Download: ML20003E225 (3)

Text

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U HILL, CH RISTOPH ER AN D PHI LLIPS, P. C.

19 oo M STR E ET, N. W.

WAS H f N GT O N, 0. C. 2OO3 6 DUMOND PECM MILL GCORG E L.CHRISTOPHE R F R ANCIS THORNTON GRE ENE ALAN Of D NER S PM J. On G Atl AL AN J. SERsLE LET J AM ES G. VAuG MT E R EOUNSEL T A. TTit MEO OR L. RESS TELCPMONE ) 4 S 2*FOOC M E m s E RT M. 9 ROW N RON ALD W. STEVENS STE PM E N W. GR AF M AN LAWR E NCE COE L ANPME R C AB L Es M a pnt CLsFFORD J. ALEuNDER JAM E S RpCHARD O'NE4L L RO9ERT R. BEL AIR M A R L A J. LE T SCHE TELEM 4402Q9 hlPM ut Pau MuRDL E, ATRIC8A 4ECnMANN WITTtt

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• LER l ANA ,";* EL 202/452-7059 JONATHAN N. EiS E N "'"*

March 4, 1981 Dirgetor . . .

Office of Administration EftEEDO).1 OF INFORMATION U. S. Nuclear Regulatory Commission . .

ACT REQUEST Washington, D. C. 20555 {g 4 , g ,

T Re: Freedom of Information Action R b d $ -- [

' Gentlemen:

k Pursuant to the Freedom of Information Act, i as amended (5 U.S.C.

5552), and the regulations of the Nuclear Regulatory ("NRC") issued thereunder (10 C.F.R. 59.3 et seq.), we request copics of all records, data, memoranda, documents, drafts, notes, reports, correspondence, analyses, and other written materials in the NRC's possession or con-trol which relate to the February 20, 1981 NRC Order in the Diablo Canyon security' plan proceeding.(Docket Nos. 50-275 O.L. and 50-323 0.L.) A copy of such Order.is attached to assist in your search for materials falling within the scope of this request.

- Without limiting the scope of this request, but merely to-assist the NRC in its search, the written materials that we are requesting include the following:

1. Any correspondence or other written materials by c r between the NRC Staff and Pacific Gas and Electric Company ("PG&E") regarding the Appeal Board's December 30, 1980 Memorandum _and Order (referenced in the attached order) , including any written materials concerning whether PG&E and/or the NRC_ Staff would appeal that December 30 Memorandum and Order.

2. -Any written materials _ relating to the' decision of the NRC to review the Appeal Board's December 30 Memorandum and order, including: (a) any memoranda, notes or correspondence among Commissioners Hendrie, Ahearne and Bradford or'between those Commissioners and any person in the Office of the General Counsel, particuarly Messrs. Beckwit or I. Rothschild, or any person on the NRC Staff, particularly in

' the Office of the Executive Legal Director or reporting to the Executive Director for Operations, or any person on the Appeal Board 8104020 b -

HILL CHRISTOPH E R AN D PHILLIPS, P. C.

panel or the panel's staff which issued the December 30 Memorandum and Order; and (b) any written materials recommending or in any way concerning the need and or desirability for Commission review of the December 30 Appeal Board Memorandum and Order.

3. Any draf ts of the February 20 Order, or of the dissent thereto. It appears from the transcript of the NRC meeting approving the Order (a copy of the transcript is attached) .that there are draf t versions of the Order and the dissent.

4. Any written materials relating to whether the NRC

.needed to inform the public, including Messrs. Herbert H. Brown and Lawrence C. Lanpher, in advance of-the February 20, 1981 NRC meeting approving the Order, including:- (a) any written materials concerning the applicability of and/or compliance with the NRC's Sunshine Act regulations, particularly 10 C.F.R. S9.107; (b). any written materials concerning the legality or

' appropriateness of~the NRC issuing the February 20 Order without.first providing Messrs. Brown and Lanpher an opportunity to-be heard; and (c) any written materials

-concerning the. applicability of requirements of the Administrative Procedure Act or Part 2 of the NRC's regulations to -issuance of the February 20 Order.

5. Any written materials recommending actions, or alternative

. actions, which might-be taken by the NRC on review of the Appeal Board's December 30 Memorandum and Order,

' including: (a) SECY-81-76 ; (b) memoranda, notes, analyses

..or other. written materials : prepared by the Office . of

-the General' Counsel for the Office's use or for trans -

mittal to the Commissioners or others; and (c) memoranda,

-notes, analyses, or other written materials sent by the NRC Staff.or Office of the Executive Legal' Director to the Office of the General Counsel.

.To assist-you in your search for requested materials, we suggest

,you investigate,.among.other places, whether documents meeting this request are at anyjof the followino-Jocatiens: the' offices of l Commissioners _Hendrie,'Ahearne, or Bradford: the office of Secretary Chilk; the Office of-the General Counsel, particularly Messrs.

.Bickwit or.Rothschild; theioffice-of'the~ Executive Legal. Director, parti-cularly'with'Mr. W. Olmstead or Ms.,L..-Swartz;.and the Office of the.

Executive Director 7of Operations.

H I LL. CH RISTOPH E R A N D PH I LLI PS. P. C.

We expect to receive your response to this request within ten (10) working days.

We will pay search and copying fees as set out in the NRC regu-la tions . If the search and copying fees to be incurred are expected to: exceed S200.00, please notify the undersigned before this sum is exceeded.

In the event that you deny us access to any part of the requested materials, please identify and describe the withheld or deleted material in detail,~specify the statutory basis for the denial, and state your reasons 'for asserting an- exemption. We request that your description of the deleted or withheld material include (1) the title of the material,.(2) .a description of its essence, (3) the identity of its author,;and (4) the identities of any persons who have received copies or have had access to such materials. In addition, please separately state-your-reasons, or the reasons of the individual author (s) of requested materials, for not invoking your or the author's discretion-ary. power to release any allegedly exempt materials. In this regard, we request' that each person referred to in this letter be given the opportu-

-nityt to exercise his or her'discre'c ion to release materials in his or her 1 possession'that-might technically l>e exempt from mandatory disclosure undtr'the Treedom of Information Act.

-In.the event 1that'any materials requested hereunder fall within the

' purview.of:the/ protective order applicable to the Diablo Canyon proceed-ing, please produce such materials in . Room 040 of the NRC's Wiltsie Building on' Eastern Avenue. The undersigned has executed the applicable affidavit pursuant to'the protective order, and Room 040'has been desig-nated by the NRC Staff as a room where such materials may be examined.

Sincerely yours,

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Christop'her B.-- Hanback KCBH:LCL:mjh-Attachments-

cc: > As--a : courtesy to individuals referred to in - this letter _ and to speed processing of this request,'copiesLof.this request are being sent:to:

.. Commissioners Hendrie,JAhearne~and.Bradford -

Cacretary ChilkL L.rBickwiti I'.ERothschild W.COlmstead

-L.1Swartz

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t s UNITED STATES OF A" ERICA NUCLEAR REGULATORY CDP. MISSION h; D00)h$ 3

. FEB 2 01981 > $

6 ewa a se sextn h4 s_ COMMISSIONERS:' Wetint s senice g

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John F. Ahearne, Chaiman #

Victor Gilinsky N m Joseph M. Hendrie 49D Peter A. Bradford FEB2 0

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In the Matter of -

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) Docket Nos. 50-275 OL PACIFIC GAS & ELECTRIC COMPANY ) 50-323 OL

) (Security)

- (Diablo Canyon Nuclear Power '

Plant, ) ,

Units 1 and 2)

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- ORDER The Nuclear Regulatory Commission has reviewed the Atomic Safety an'd

- Licensing Appeal' Board decision of December 30, 1980 which chastised Governor Brown's counsel, Herbert H. -Brown and Lawrence C. Lanpher, for their conduct in this proceeding. The Commission has affirmed the Appeal Board's decision and -agrees with the Appeal Board that in the present case Messrs. Brown's and i ~

j Lanpher's ' conduct was ill-considered and constituted extremely poor judgment.

l The Commission will- not hesitate to impose severe sanctions on any l

L individual if the; protective orders issued by the Appeal' Board are not strict-~

~ 1y adhered to during the remainder of this proceeding. We also wish to emphasize that any party, upon obtaining evidence.which appears to indicate that another party may not be in full compliance with a Board order, should

, report the matter immediately to the Appeal Board.

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, i ,e DISSENTING VIEWS OF COMMISSIONER BRADFORD

• The Commission did not need to review this matter and should not have done so. In light of the Appeal Board's reasonable satisfaction that "no protected information was made public" by the conduct in question, its handling of the matter was an effective disposition of an issue of limited significance. The Board conveyed its disapproval of

.the violation of its or. der clearly and efficiently; no further action was required.

Once the Commission did decide to take review, it should at least have sought the views of the parties before converting the Appeal Board's judiciously crafted private rebuke to a blunderbuss agency public censure of the attorneys for the state of California, a- s Y

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Office of the Secretary Docketing & Senice Y g Bran:h sv C-as -

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The Commission is making available to the public the Appeal Board's decision of December 30, with protected physical security information deleted.

It is so ORDERED.*

By the Commission

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bN SA!iUEL J. CHILY,

- Secretary of e Commission Dated at Washington, D.C.

thisJO b day of February, 1981.

Commissioner Gilinsky recused himself from this aspect of the proceeding.

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!e 2 Transcript of Proceedings eh [ NUCLEAR REGULATORY COMMISSION AFFIPMATION SESSION 81-7 (Open to Public Attendance) l Friday, February 20, 1981 l

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Prepared by:

C. H. Brown l

Office of the Secreta.y l

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UNITED STATES OF AMERICA 2

NUCLEAR REGULATORY COMMISSION 3

4 5 AFFIRMATION SESSION 81-7 6 (Open to Public Attendance) 7 8

Commissioners' Conference Room 1717 H Street, N.W.

9 Washington, D. C.

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Friday, February 20, 1981

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~2 1 The Commission met, pursuant to short notice, at 3:17 p.m.,

1 John F.._Ahearne presiding. L 14

-PRESENT:

16 Chairman Ahearne Commissioner Hendrie Commissioner Bradford ALSO PRESENT:

18 S. Chilk

19 : , L. Bickwit I. Rothschild 20 -

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DISCLAIMER 5&

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This is an unofficial transcript of a meeting of the United States b5)

Nuclear Regulatory Commission held on Febrtwry 20, 1981 in the =#d Commission's offices at 1717 H Street, N. W., Kashington, D. C. The meeting was open to public attendance and observation. This transcript ?E-5.g has not been reviewed, corrected, or edited, and it may contain inaccuracies.

1,;g The transcript is intended solely for general infomational purposes. .2 h==

^~" As provided by 10 CFR 9.103, it is not part of the formal or infomal fi[

record of decision of the matters discussed. Expressions of opinion in this transcript do not necessarily reflect final determinations or hi::-

beliefs. No pleading or other paper may be filed with the Commission in. FN

~~j any proceeding as the result of or addressed to any statement or argument "

j a... contained herein, except as the Cormiission may authorize.

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1 y CHAIRMAN AHEARNE: Do we need a short notice?

2 MR. CHILK: Yes, you need a short notice vote. I 3

thought there was one in front of you.

CHAIRMAN AHEARNE: Ah, there it is.

We need a short notice vote for an affirmation 6

of a review of an Appeal Board decision. I would like to 7

vote to hold on less than one week's notice.

E (Chorus of nyes) l 9

-CHAIRMAN AHEARNE: Sam.

t 10 U MR. CHILK: This is SECY-81-76 in which the i

11 Commission by a 2-1 vote, with Commissioner Bradford 12' . dissenting, has affirmed an Appeal Board decision with 13- respect to the conduct of attorneys in this procedure.

14 The order that you are being asked to affirm was 15 l circulated to you earlier today, it will contain the dissenting 16 views of Commissioner Bradford, which were just circulated.

17 _ Commissioner Gilinsky has. recused himself from this yg aspect of the proceeding.

29 Will you please affirm your votes?

20- (Choruc of - ayes.) ~

-21 CHAIRMAN AHEARNE: _I.had-withdrawn my comment 22_

because-yoi changed your dissent. I COMMISSIONER _BRADFORD:- Okay, then in'that case I probably1should ge cack.to my original, then you would go back

., 'to your comment,-all right?

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- t . . ,> - 3 1-CHAIRMAN AHEARNE: No, no.

2 (Whereupon, the meeting was adjourned at 3:20 p.m.)

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