ML20046C496
| ML20046C496 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/03/1993 |
| From: | Bechhoefer C, Kline J, Shon F Atomic Safety and Licensing Board Panel |
| To: | PACIFIC GAS & ELECTRIC CO. |
| References | |
| CON-#393-14179 92-669-03-OLA-2, 92-669-3-OLA-2, OLA, OLA-2, NUDOCS 9308110080 | |
| Download: ML20046C496 (9) | |
Text
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.;.. r, 93 ", -4 CU UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Charles Bechhoefer, Chairman m ljB - 41993 Dr. Jerry R.
Kline Frederick J.
Shon In the Matter of Docket Nos. 50-275-OLA-2 50-323-OLA-2 PACIFIC GAS AND ELECTRIC COMPANY ASLBP No. 92-669-03-OLA-2 (Diablo Canyon Nuclear Power Plant, Units 1 and 2)
(Construction Period Recovery)
Facility Operating Licenses No. DPR-80 and DPR-82 August 3, 1993 MEMORANDUM AND ORDER (Protective Order Governinct Non-Disclosure of INPO Reoort) 1.
This Protective Order governs the disclosure and use of discrete excerpts, identified in Paragraph 2 herein, of a report prepared by the Institute of. Nuclear Power Operations (INPO) entitled, " Evaluation of Diablo Canyon Power Plant," dated July 1990 (INPO Report).- The INPO Report is a confidential document, accorded restricted distribution by INPO and Pacific Gas and Electric Company (PG&E).
The INPO Report was ordered to be made available under a protective order to Intervenor, San Luis Obispo 9308110080 930903 PDR ADOCK 05000275 O
[)2
4 Mothers for Peace (MFP), in this proceeding.1/
It is the only document subject to this Protective Order.
2.
Only the f ollowing sections of the INPO Report are subject to disclosure and use in the above-captioned proceeding under the terms and conditions of this Protective Order:
(a)
Table of Contents; (b)
Executive Summary; (c)
Section er. titled, " Maintenance";
(d)
Section entitled, " Technical Support, Surveillance Testing Programs"; and (e)
Any other part(s), portion (s) or section(s) of the INPO Report incorporated by reference in the sections identified in Paragraphs 2(c) or 2(d) herein.
No other sections, parts or portions of the INPO Report are subject to disclosure under either the July 19, 1993, Discovery Order or this Protective Order.
If MFP believes that other portions of the INPO report are relevant to its contention, it may request additional disclosure at the hearing (or a prehearing conference) and the Licensing Board will consider and rule upon such requests at that time.
3.
Disclosure under the Protective Order should be made only to the following persons:
(a)
On behalf of MFP -- Jill ZamEk; (b)
On behalf of MFP -- Steven Sholly of MHB Technical Associates, MFP's technical consultant in this proceeding; 1/
" Memorandum and Order (Granting Discovery Request / Referring Ruling to Commission)," LBP-93-13, July 19, 1993, (Discovery Order). _
4 1
(c)
On behalf of MPP -- Diane Curran, Esq.,
legal counsel to MFP in this proceeding; (d)
On behalf of the NRC Staff -- Sheri R.
- Peterson, NRC Project Manager for Diablo Canyon; (e)
On behalf of the NRC Staff -- Ann P. Hodgdon, Esq.,
NRC Staff counsel; and (f)
On behalf of the NRC Staff -- Edwin J. Reese, Esq.
These individuals shall not disclose, orally or in writing, any information in the INPO Report, to any person other than those persons admitted under the Protective Order.
Furthermore, no 6
disclosure shall be made other than for purposes directly related i
to the hearing to be held in conjunction with this proceeding.
4.
No disclosure of the INPO Report shall be made except to those persons identified in Paragraph 3 herein.
As a prerequisite to such disclosure, those individuals shall execute a written agreement, in the form of an
" Affidavit of Non-Disclosure" l
1 (Affidavit), to be bound by the terms of the Protective Order and Affidavit.
5.
The portions of the INPO Report identified in Paragraph 2 j
shall be stamped " CONFIDENTIAL."
Said material will be made i
available for review by the persons admitted under this Protective Order, pursuant to Paragraphs 3 and 4 herein, at the following f
locations and at a time to be agreed to by the parties to this proceeding:
(a)
The material will be made available for review by Jill ZamEk and Steven Sholly at the Diablo Canyon Nuclear Power Plant, i
(b)
The material will be made available for review by j
Diane Curran, Sheri Peterson, Ann Hodgdon and Edwin j
+
1 Reis at the law offices of Winston & Strawn located at 1400 L Street, N.W.,
Washington, D.C.
Pacific Gas and Electric Company (PG&E) also will make available a r
copy of those sections of the INPO Report identified in Paragraph 2 herein for use at the hearing scheduled to begin on August 17, 1993.
6.
Parties granted access to confidential material under the terms of this Protective Order shall not make any copies thereof.
They will,
- however, be permitted to take written notes in connection with their review of the INPO Report.
Any such notes, including their content, cannot be revealed, transmitted, or communicated to any person who is not identified in Paragraph 2 above.
Those persons who prepare notes will take all steps necessary and prudent to prevent disclosure of those notes.
Furthermore, persons granted access to confidential material subject to this Protective Order shall submit any and all such notes to the Licensing Board or to counsel for PG&E for destruction upon completion of this proceeding.
7.
In any testimony or briefs filed with the Licensing Board i
in the above-captioned proceeding, on appeal, or in any other litigation matters, the INPO Report and any information therein shall be kept separate from the public record, according to the normal methods of protecting confidential information established by the pertinent tribunal.
Any portion of the hearings before the Licensing Board pertaining to the INPO Report shall be conducted ID camera.
I '!
t 8.
Nothing in this Protective Order and/or the supporting Affidavits of Non-Disclosure shall be construed as a waiver either of the privileged status accorded the INPO Report, as asserted by PG&E, or of MFP's right to pursue any remedies it may deem appropriate to lawfully seek public disclosure of the INPO Report identified in Paragraph 2 of this Protective Order.
9.
A party wishing to limit the disclosure of any material or information involved in this proceeding may invoke the terms of this Protective Order.
10.
Any allegations of abuse or violation of this Protective Order will be considered by the Licensing board for purposes of determining whether it should enter sanctions, in accordance with NRC regulations or other rules, or for purposes of determining whether or not the matter should be referred for appropriate possible disciplinary proceedings, or both.
The Atomic Safety and Licensing Board
>Yft D
d Charles Bechhoefer, airman ADMINISTRATIVE JUDGE
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$. Jerry R.'Kline ADMIN RATIVE JUDGE
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W Frederick J.
' hon ADMINISTRAT VE, JUDGE i
Bethesda, Maryland August 3, 1993 l
i i
i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l
BEFORE THE ATOMIC SAFETY AND LICENSING BOARD i
In the Matter of:
)
)
Docket Nos. 50-275-OLA Pacific Gas and Electric Company
)
50-323-OLA
)
(Construction Period (Diablo Canyon Nuclear Power
)
Recovery)
Plant, Units 1 and 2)
)
)
AFFIDAVIT OF NON-DISCLOSURE i
I, give this affidavit in support of my i
access to the excerpts from a report prepared by the Institute for Nuclear Power Operations
("INPO")
concerning maintenance and surveillance activities at Diablo Canyon Nuclear Power Plant. This material is subject to the Protective Order issued by the Atomic Safety and Licensing Board (" Licensing Board") on August 3,1993 in the above-captioned proceeding.
My affiliation is 1.
I am 2.
I represent to the Licensing Board that I have read the Protective Order issued in this proceeding and will comply in all respects with its terms and conditions with respect to protected material produced in connection therewith.
I will not
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disclose any protected material, either orally or in writing, to any individual other than those individuals admitted under the Protective Order by the Licensing Board.
i 3.
I acknowledge that any violation of the terms of the
~
protective order may result in the imposition of sanctions as the Licensing Board deems appropriate, including but not limited to referral of the violation to appropriate bar associations and other disciplinary bodies.
I further acknowledge that a party whose k
protected information is improperly disclosed shall be entitled to all remedies under law or equity.
Name DISTRICT OF COLUMBIA, SS:
Subscribed and sworn to me this day of Notary Public s
My commission expires:
> e i
11
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of PACIFIC GAS AND ELECTRIC COMPANY Docket No.(s) 50-275/323-OLA-2 (Diablo Canyon Nuclear Power Plant, Unit Nos. I and 2)
CERTIFICATE OF SERVICE I hereby certify that copies of the foregoing LB M&O (PROTECTIVE ORDER...)
have been served upon the following persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Office of Commission Appellate Administrative Judge Adjudication Charles Bechhoefer, Chairman U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 Administrative Judge Administrative Judge Jerry R. Kline Frederick J. Shon Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Ann P. Hodgdon, Esq.
C. J.
Warner, Esq.
Office of the General Counsel Richard F. Locke, Esq.
U.S. Nuclear Regulatory Commission Pacific Gas & Electric Company Washington, DC 20555 77 Beale Street San Francisco, CA 94106 i
Robert R. Wellington, Esq.
Joseph B. Knotts, Jr., Esq.
Diablo Canyon Independent Safety David A. Repka, Esq.
Committee Winston & Strawn 857 Cass Street, Suite D 1400 L' Street, N.W.
Monterey, CA 93940 Washington, DC 20005 i
Docket No.(s)50-275/323-OLA-2 LB H&O (PROTECTIVE ORDER...)
Truman Burns Peter G. Fairchild, Esq.
Robert Kinosian California Public Utilities Commission California Public Utilities Commission 505 Van Ness Avenue 505 Van Ness, Room 4103 San Francisco, CA 94102 San Francisco, CA 94102 Nancy Culver, President Diane curran, Esq.
Board of Directors Counsel for SLOMFP Hothers for Peace c/o IEER P. O. Box 164 6935 Laurel Avenue, Suite 204 Pismo Beach, CA 93448 Takoma Park, MD 20912 Dated at Rockville, Md. this 4 day of August 1993 g/
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