ML20050A514

Forwards Proposed Confirmatory Order Re ASLB Rulings in 820329 Telcon Re Security Proceeding.Util Agreed to Order Except for Review of Estimate of Adversary Sequence Interruption Portion.W/H Brown Nondisclosure Affidavit Encl

ML20050A514
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	03/29/1982
From:	Lanpher L KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Brenner L, Carpenter J, Morris P Atomic Safety and Licensing Board Panel
References
ISSUANCES-OL, NUDOCS 8204010362
Download: ML20050A514 (7)

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CABLE: NIPN2 EIEEPATREI 1ANEART,JOHNeos a BC1CRISON TELE 3 440e09 RIPIE UI 1800 OI2TER SCIIRING w.er.. . m cr mu. ===== March 29, 1982 Pm==C=O=. Fs==mva Ia mass 202/452-7011 (**)*******

Lawrence Brenner, Esq.

Dr. James L. Carpenter Dr. Peter A. Morris Administrative Judges Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Re: Long Island Lighting Company; Shoreham Nuclear Power Station, Unit 1; Docket No. 50-322 0.L.

Dear Administrative Judges:

In the Conference Call of counsel earlier today, this Board made certain rulings regarding the security proceeding. Pur-suant to the Board's directive, I enclose a Confirmatory Order relating to these matters.

I have not had an opportunity to read the Order to the Staff. I read the Order to LILCO counsel who had no objection, except for review of the EASI analysis. LILCO counsel wanted to contact his client regarding the EASI analysis and will advise the Board and the other parties if LILCO has any objection.

Suffolk County ' 'tes that the EASI analysis is specifically referenced and relis con in the security plan at several points.

Accordingly, Suffolk ?n.2nty feels strongly that it should be available for review.

Sincerely yours, Lawrence Coe Lanpher Attorney for Suffolk County p3 LCL/dk Enclosures cc: Service List

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8204010362 820329 PDR ADOCK 05000322 O PDR k_

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

Lawrence Brenner, Chairman Dr. James H. Carpenter Dr. Peter A. Morris

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In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket Nos. 50-322 0.L.

) 50-322 CPA (Shoreham Nuclear Power Station, )

Unit 1) ) '

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CONFIRfiATORY ORDER REGARDING SECURITY PLAN REVIEW Upon consideration of the comments of counsel during a Conference Call on March 29, 19 82, and confirming the oral rulings made by the Board during that Call, it is this day of , 1982:

ORDERED:

1. The Board's March 15, 1982 Memorandum and Order is amended to delete the requirement that Suffolk County submit security contentions on or before April 2, 1982. Instead, Suffolk County, LILCO and the Staff will jointly submit on or before April 14, 1982, a statement of the security contentions, if any, which are submitted for litigation. To the extent feasible, the Staff, LILCO and the County will also jointly submit versions of the contentions. with all protected data deleted.

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2. Mr. Herbert H. Brown is authorized to review the LILCO security plan and other data which are provided for review. A copy of Mr. Brown's Affidavit of Non-Disclosure is attached hereto.

3. The County's experts and counsel are authorized to review security materials at the NRC's offices in Silver Spring, Maryland (the Wiltsie Building) , as well as at LILCO s offices on Long Island. The NRC Staff will provide necessary facilities to permit such review consistent with the need to safeguard protected data.

4. In addition to the security plan, the County's experts and counsel are also authorized to review the contingency plan, the security plan implementing procedures, the so-called "EASI" analysis referenced in the security plan (in Chapter 12 among other places) , and the Staff's review of the LILCO security plan.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Lawrence Brenner, Chairman ADMINISTRATIVE JUDGE James H. Carpenter ADMINISTRATIVE JUDGE Peter A. Morris

, ADMINISTRATIVE JUDGE l

l Bethesda, Maryland

i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

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In the Matter of )

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LONG ISLAND LIGHTING COMPANY ) Docket No. 50-322 0.L.

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(Shoreham Nuclear Power Station, )

Unit 1) )

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AFFIDAVIT OF NON-DISCLOSURE I, HERBERT H. BROWN , being duly sworn, state:

1. As used in this Affidavit of Non-Disclosure, (a)

" protected information" is (1) any form of the physical security plan for the Applicant's Shoreham Nuclear Power Station; or (2) any in' formation obtained by virtue of these proceedings which is not otherwise a matter of public record and which deals with or describes details of the security plan.

(b) An " authorized person" is .(1) an employee of the Nuclear Regulatory Commission entitled to access to protected informa-tion; (2) a person who, at the invitation of the Atomic Safety and Licensing Board (" Licensing Board"), has executed a copy of this Affidavit; (3) a person employed by Long Island Lighting Company, the Applicant, and authorized by it in accordance with 1

Commission regulations to have access to protected information, I l

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or (4) counsel for Long Island Lighting Company.

2. I shall not disclose protecteu information *.o anyone except an authorized person, unless that information has previously been disclosed in the public record of this proceeding.

I will safeguard protected information in written form (including any portions of transcripts of in camera hearings, filed testi-many 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 anyone else.

3. I will not reproduce any protected information by 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 5 below.

(d) Necessary typing and reproduction equipment will be f urnished by Long Island Lighting Company. l

5. If I prepare papers containing pr,otected 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 those papers han 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 before I reveal any protected information to any such person.

6. I shall use protected information only for the purpose of preparation for this proceeding or any further proceedings in.this case dealing with security plan issues, and for no other purpose.

7. I shall sign the receipt provided by the Applicant with any document I receive that contains protected information. At -

the conclusion of this proceeding, I shall account 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 information in my possession and deliver.them as provided herein. When I have finished using the protected information they contain, but 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 information 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 gained through the hearing process.

' Herbert H. Brown DISTRICT OF COLUMBIA:

Subscribed and sworn to before me this A @i% day of bbl 44(h , 1982.

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