ML20046C543
| ML20046C543 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 08/02/1993 |
| From: | Repka D PACIFIC GAS & ELECTRIC CO., WINSTON & STRAWN |
| To: | Bechhoefer C, Kline J, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| CON-#393-14175 OLA, OLA-2, NUDOCS 9308110121 | |
| Download: ML20046C543 (10) | |
Text
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FREDERICK H MNSTON (1853-1896) 1400 L STREET. N W cHCAGO DFFICE SILAS H s'AAwN nB911946)
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<212l 369 2500 (202) 371-5726 August 2, 1993 BY HAND DELIVERY Charles Bechhoefer, Chairman Frederick J.
Shon Administrative Judge Administrative Judge Atomic Safety and Licensing Atomic Safety and Licensing Board Board U.S.
Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Jerry R.
Kline Administrative Judge l
Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission i
Washington, DC 20555 Re:
Pacific Gas and Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 and 2), Docket Nos. 50-275-OLA, 50-323-OLA (Construction Period Recapture) - E i
Dear Administrative Judges:
By Order dated July 19,
- 1993, the Licensing Board directed Pacific Gas and Electric Company ("PG&E") to provide the San Luis Obispo Mothers for Peace ("MFP") with access to a 1990 report prepared by the Institute for Nuclear. Power Operations
("INPO").
The Licensing Board,
- however, directed that such disclosure be made subject to a protective order.
In furtherance i
to the July 19 Order, the parties to this proceeding participated in a conference call with the Licensing Board on' July 29, 1993, to i
discuss the terms and conditions of the protective order.
Enclosed with this letter is a draft Protective Order prepared by PG&E pursuant to the Licensing Board's directions provided during the July 29 conference call.
Also enclosed is a draft Affidavit of Non-Disclosure that the persons admitted under the Protective Order would be required to sign before being granted access to the protected material.
A copy of these documents on 9308110121 930002 7
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.m.
4 1
. WINSTON & STILOVN computer diskette, in Word Perfect 5.1 format, is also enclosed for-the Licensing Board's convenience.
Copies of both documents have
_i been'provided to MFP's counsel for review'and comment.
MFP stated that.it had no objection.
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1 Very truly yours, k-
]
David A. Repka j
Counsel for Pacific Gas'&.
Electric Company i
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. DRAFT UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:
Charles Bechhoefer, Chairman 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 2, 1993 MEMORANDUM AND ORDER (Protective Order Governina Non-Disclosure of INPO Report) 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 l
P
4 Mothers for Peace (MFP), in this proceeding.F It is the only
.j document subject to this Protective Order.
2.
Only the following 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 entitled, " Maintenance";
I (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.
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; Diane Curran, Esq.,
legal (c)
On behalf of MFP counsel to MFP in this proceeding; (d)
On behalf of the NRC Staff -- Sheri R.
- Peterson, NRC Project Manager for Diablo Canyon; and i
F
" Memorandum and Order (Granting Discovery Request / Referring Ruling to Commission)," LBP-93-13, July 19, 1993, (Discovery order).
4 (e)
On behalf of the NRC Staff -- Ann P.
Hodgdon, NRC Staff counsel.
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 f
disclosure shall be made other than for purposes directly related to the hearing to be held in conjunction with this proceeding.
4.
No disclosure of the INFO Report shall be made except to l
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" (Affidavit), to be bound by the terms of the Protective Order and Affidavit.
l 5.
The portions of the INPO Report identified in Paragraph 2 l
1 shall be stamped " CONFIDENTIAL."
Said material will be made available for review by the persons admitted under this Protective Order, pursuant to Paragraphs 3 and 4 herein, at the following 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; (b)
The material will be made available for review by Diane Curran, Sheri Peterson, and Ann Hodgdon 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 copy of those sections of the INPO Report identified in Paragraph 4
2 herein for use at the hearing scheduled to begin on August 17, o
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 i
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, any notes taken by persons granted access to confidential material subject to this Protective Order shall submit any and all portions of such notes to the Licensing Board for destruction upon completion of this proceeding.
7.
In any testimony or briefs filed with the Licensing Board l
in the above-captioned proceeding, on appeal, or in any other litigation matters, the INPO Report and any information therein i
i 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 in camera.
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 i
PG&E, or of MFP's right to pursue any remedies it may deem 1,
4 appropriate to lawfully seek public disclosure of the INPO Report j
identified in Paragraph 2 of this Protective Order.
J 9.
A party wishing to limit the disclosure of any material or e
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 f
whether or not the matter should be referred for appropriate possible disciplinary proceedings, or both.
The Atomic Safety and i
Licensing Board j
Charles Bechhoefer, Chairman l
ADMINISTRATIVE JUDGE 4
Dr. Jerry R. Kline ADMINISTRATIVE JUDGE Frederick J.
Shon ADMINISTRATIVE JUDGE Bethesda, Maryland August 2, 1993 l
9.
I
l DRAFT UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION 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,
give this affidavit in support of my access to the excerpts from a report prepared by the Institute for t
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 (date) in the above-captioned proceeding.
1.
I am My affiliation is 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
l
)
i 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.
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 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 My commission expires:
.