ML20051H204

Notification of Addl Persons Having Access to Security Plan Info.Affidavits of Nondisclosure & Certificate of Svc Encl

ML20051H204
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	05/12/1982
From:	Mark Miller KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:
References
ISSUANCES-OL, NUDOCS 8205170175
Download: ML20051H204 (16)

Text

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UNITED STATES OF AMERICA "[.

NUCLEAR REGULATORY COMMISSION

,BEFORE THE ATOMI'C SAF2TY AND LICENSING BOARD

)

In the Matter of )

)

LONG ISLAND LIGHTING COMPANY )

) Docket No. 50-322 0.L.

(Shoreham Nuclear Power Station, )

Unit 1) ) O  %

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- N r i D n [$ 1!

2 NOTIFICATION OF ADDITIONAL PERSONS HAVING ACCESS TO SECURITY PLAN INFORMATION S,

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Suffolk County hereby notifies the Board and parties tha '

three additional persons, Donald J. Dilworth, Philip McGuire and Thomas P. Compitello, have executed Affidavits of Non-Disclosure. Those Affidavits are attached hereto.

For the Board's information, Messrs. Dilworth, McGuire and Compitello are members of the Suffolk County Police Department.

Donald Dilworth is the Police Commissioner. Philip McGuire is a Deputy Inspector and Commanding Officer of the Special Control j Bureau of the Suffolk County Police Department. Thomas Compitello is a Lieutenant and Commanding Officer of the Emergency Service Section of the Suffolk County Police Department.

Pursuant to the Board's Order, Suffolk County has contacted both LILCO and the NRC Staff concerning these gentlemen. LILCO c5o3 820517 0lI

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and the Staff both advise that they have no objection to these gentlemen having access to security plan information.1/

" Respectfully submitted, David J. Gilmartin Patricia A. Dempsey SUFFOLK COUNTY DEPARTMENT OF LAW Veterans Memorial Highway Hauppauge, New York 11788 Herbert H'. Brown Lawrence Coe Lanpher Michael S. Miller KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS 1900 M Street, N.W.

Washington, D.C. 20036 -

(202) 452-7000 Attorneys for Suffolk County Dated: May 12, 1982 ,

b[ During the hearings on May 5, 1982, the Board requested the parties to resolve whether Frank Jones, Deputy County Executive, will have access to safeguards information.

In addition, the Board indicated that the. parties should attempt to resolve "the total finite number of persons from the County" who will request access to safeguards information (Transcript at 1228-1230). The parties expect to advise the Board regarding these two matters in the near future. The parties have resolved, and hereby inform the Board, that Ms. Patricia Dempsey, Assistant Suffolk County Attorney, will no longer be authorized to have access to safeguards information..

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COE'iISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

) -

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

)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

AFFIDAVIT OF NON-DISCLOSURE I, hWA23 s!.1/h ae FN , being duly sworn, state: -

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

" protected information" is (1) any form of thi,e physical .,4 security plan for the Applicant's Shoreham Nuclear Power s'tation; or (2) any izfformation 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 R;gulatory Commission entitled to access to protected informa-tion; (2) a person who, at the invitation of the Atomic Safety:

and licensing . Board (" Licensing Beard") , 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 Commission regulations to have access to protected information,

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I or (4) counsel for Long Island Lighting Conpany.

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 proceeding.

i I will safeguard protected information in written form (including 4

any portions of transcripts of in camera hearings, filed testi-

mony 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 poasess 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:

l (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 or at a facility in Silver Spring, Maryland, m de available by the NRC Staff.

i (b) I will keep and safeguard all such material in a safe to be provided by Long Island Lighting Company or the NRC Staff, '

l after consultation with Long Island Lighting Company or the Staff, i

cnd to be located at all times at the above designated locations.

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(c) Any secretarial work performed at my request or under my supervision will be performed at the above locations either (1) by a secretary provided by the Long Island Lighting Company or the NRC Staff 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 furnished by Long Island Lighting Company and the NRC Staff.

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 rc;ccive protected information in order to help me prepare 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 before I reveal any '

protected' information to any such person, subject to the Licensing Board's' April 8,1982 Order entitled "Further Revision of Protective Ordsr Governing Access to Security Plan Information."

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 tho conclusion of this proceeding, I shall account to the Licensing

2 Board or to a Co:=tission 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. Enen I have finished using the protected inforration 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. .

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Subscri ed and sworn to before Ine this

.3 day of WA '

, 1982.

/

i VO. M .

ARLENE J. HORVATH .

Notary Public. State of New York No.

Term52-69n450.

Expires March 30.19 Suffolk 8 County [

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UNITED STATES OF M1 ERICA NUCLEAR REGULATORY COMtiISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARD

)

In the Matter of )

) -

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

)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

AFFIDAVIT OF NON-DISCLOSURE I , 9,4 s t. s / MtbuiCc'. , being duly sworn, state:

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

" protected information" is (1) any form of th,e physical socurity plan for the Applicant's Shoreham Nuclear Power 5tation; or (2) any in' formation obtained by virtue of these proceedings which is not otherwise a matter of public record

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and which' deals with or describes details of the security plan.

(b) An "audhorized person" is (1) an employee of the Nuclear R gulatory Commission entitled to access to protected informa-tion; (2) a person who, at the invitation of the Atomic Safety -

end Licensing . Board (" Licensing Board") , has executed a copy of thic Affidavit; (3) a person employed by Long Island Lighting j l

Company, the Applicant, and authorized by it in accordance with l Commission regulations to have access to protected information,

or (4) counsel for Long Island Lighting Conpany.

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 proceeding.

I will safeguard protected information in written form (including any portions of transcripts of ir! camera hearings, filed testi-mony 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 i

Licensing Board. .

4. I shall similarly s2feguard and hold in confidence any data, no tes, or copies of protected information by means of the following:

(a) ' My use of the pratected information will be made at a facility an Long Island to be made available by Long Island Lighting Company or at a facility in Silver Spring, Maryland, made available by the NRC Staff.

(b) I will keep and safeguard all such material in a safe to be provided by Long Island Lightir.g Company or the NRC Staff, af ter consultation with Long Island Lighting Company or the Staff, and to be located at all times at the above designated locations.

4 (c) Any secretarial work performed at my request or under my supervision will be performed at the above locations either (1) by a secretary provided by the Long Island Lighting Company or the NRC Staff 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 furnished by Long. Island Lighting ~ Company and the NRC Staff.

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

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receive protected information in order to help me prepare 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 before I reveal any '

protected' information to any such person, subject to the Licensing Board's April 8,1932 Order entitled "Further Revision of Protective Order Governing Access to Security Plan Information." .

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 tha conclusion of this proceeding, I shall account to the Licensing

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Board or to a Corsission 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. ,

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r Subscr* bed and sworn to before me this 3- day of WC , 1982.

/

dl ARLENE J. HORVATH .

Notary Public. State of New York

' o. 52 6971450, Suffolk County Term i spires March 30,19 /Y

4 UNITED STATES OF M2RICA NUCLEAR REGUU. TORY col'".ISSION 1

BEFORE THE ATO.V.IC S;JEhY A2b LICE': SINC- 30ARD

)

In the Matter of ,

)

) .

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

)

(Shoreham Nuclear Power Station, )

Unit 1) )

)

AFFIDAVIT OF NON-DISCLOSURE I, /YoM44 0 de mP/ 7'd//O , bel =g duly sworn, state: .

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

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" protected information" '^ w ;*

is (1) any form of t5ie physical .;m.

spcurity plan for the Applicant's Shorehan Nuclear Power Station; or '(2) any information obtained by virtue of these

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proceedings 'which is not otherwise a : natter of public record

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.:e whicli' deals with or describes details of the security plan.

'(b) fan " authorized person" is (1) an employee of the Nuclear

< R;gk21atory Commission entitled to access to protected informa-

e .

tion; (2) a person who, at the invitation of the Atomic Safety -

and licensi' ng . Board (" Licensing Board") , has executed a copy of this Affidavit; (3) a person employed by Long Island Lighting Company, the Applicant, and authori::ed by it in accordance with l Commission regulations to have access to protected information, - I

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or (4) counsel fob Long Island Ligh-ing Cc pary.

2. I shall not disclose protected informatica to anyone except an authorized persen, 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-mony or any o9er documents that ec:tain such inforration) , so that it renains at all tires 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 Scard's express approval or

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direction. 'So long as I possess protected in'ormation, I shall

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continue to- take'-these orecautions un'41 S rther order of the Licensing .3oard.-:2 ^

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h.:.m._ ,. / i 4 . .'T. sha112similarly s.t.feguard and hold in confidence b:. . .i-?= +p. .. .

C'_ anyjdata,2 notes; or copies of protected 4 'or=ation by means of

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,, the following- -

1,(a) ' My use of the protected infornation will be made at i- ,- , .- .

, a facility on Long Island to be made available by Long Island

) Lighting Company 'or at a facility in Silver Spring, Maryland, i;=: .. ..  :.

mide" available by the NRC Staff. ~

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. 3 (b) ,I'will keep and safeguard all such material in a safe to be provided by Long Island Lighting Co- pany or the NRC Staff, 1

af ter consultation with Long Island Lighting Co=pany or the Staff, and to.be. located at all times at the above designated locations.

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(c) Any secretarial work performed at =y request or under my supervision will be performed at ,tbe above locations either (1) by a secretary provided by the Long Island Ligh-dng Company or the NRC Staff authorized in acccrdance 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 reproductica equipment will be furnished by Long Island Lighting Company and the NRC Staff.

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 beip me prepare 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 before I reveal any '

protected information to any such persen, subject to the Licensing Board's April 8,1982 Order entitled "Further Revision of Protective Ordor Governing Access to Security Plan Information."

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 f or no other purpose.

7.. I shall sign the receipt provided by the Applicant with any document I receive that contains protected information. At tha conclusion of this proceeding, I shall account to the Licensing

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Board or to a Corr.ission er.ployee designated by that Board for all the papers or other materials (including notes and papers prepared by me) containing protected infor=atio: i'n riy possession and deliver, them as provided herein. 'r'sen I have finished using the protected information they centain, but in no event later than the' conclusion of this proceecing, I shall deliver those papers and materials to the Licensing Board (or to a Co==tission 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 accu acy or inaccuracy of information obtained outside this proceeding by using protected information

, gained throucrh ihe hearing process.

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k Subscribed and sworn to before me this 3@ day of ML , 1982.

V ARLENE J. HORVATH -

Notary PubUc. State of New yert '

No. @Wn450. Stxtfolk Coungd Term Erpires March 30.!t g /

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 (0.L.)

(Shoreham Nuclear Power Station, i Unit 1) )

_ . _ )

CERTIFICATE OF SERVICE I hereby certify that copies of Notification of Additional Persons Having Access to Security Plan Information were served to the following this 12th day of May, 1982 by U.S. Mail, first class (except as otherwise noted).

Lawrence Brenner, Esq. Ralph Shapiro, Esq.

Administrative Judge Cammer and Shapiro Atomic Safety and Licensing Board 9 East 40th Street U.S. Nuclear Regulatory Commission New York, New York 10016 Washington, D.C. 20555 Howard L. Blau, Esq.

Dr. James L. Carpenter 217 Newbridge Road Administrative Judge Hicksville, New York 11801 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission W. Taylor Reveley III, Esq.

Washington, D.C. 20555 Hunton & Williams P.O. Box 1535 707 East Main St.

Mr. Peter A. Morris Richmond, Virginia 23212 Administrative Judge Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mr. Jay Dunkleberger Washington, D.C. 20555 New York State Energy Office Agency. Building 2 Edward M. Barrett, Esq. Empire State Plaza General Counsel Albany, New York 12223 Long Island Lighting Company 250 Old Country Road Mineola, New York 11501 Stephen B. Latham, Esq.

Twomey, Latham & Shea Mr. Brian McCaffrey , Attorneys at Law Long Island Lighting Company P.O. Box 398 175 East Old Country Road 33 West Second Street Hicksville, New York 11801 Riverhead, New York 11901 r

Marc W. Goldsmith Mr. Jeff Smith Energy Research Group, Inc. Shoreham Nuclear Power Station 400-1 Totten Pond Road P.O. Box 618 Waltham, Massachusetts 02154 North Country Road Wading River, New York 11792 Joel Blau, Esq. , ,

MHB Technical Associates New York Public Service Commis'sion 1723 Hamilton Avenue The Governor Nelson A. Rockefeller Suite K Building San Jose, California 95125 Empire State Plaza Albany, New York 12223 Hon. Peter Cohalan Suffolk County Executive David H. Gilmartin, Esq. County Executive / Legislative Suffolk County Attorney Building County Executive / Legislative Bldg. Veterans Memorial Highway Veterans Memorial Highway Hauppauge, New York 11788 Hauppauge, New York 11788 Ezra I. Bialik, Esq.

\tomic Safety and Licensing Assistant Attorney General Board Panel Environmental Protection Bureau U.S. Nuclear Regulatory Commission New York State Department of Washington, D.C. 20555 Law 2 World Trade Center Docketing and Service Section New York, New York 10047 Office of the Secretary U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Washington, D.C. 20555 Appeal Board U.S. Nuclear Regulatory Bernard M. Bordenick, Esq. Commission David A. Repka, Esq. Washington, D.C. 20555 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Matthew J. Kelly, Esq.

Staff Counsel, New York State Public Service Comm.

3 Rockefeller Plaza Albany, New York 12223 1

/ O Michael S. Miller KIRKPATRICK, LOCKHART, HILL, CHRISTOPHER & PHILLIPS DATE: May 12, 1982 1900 M Street, N.W., 8th Floor Washington, D.C. 20036