ML20052H038
| ML20052H038 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 05/13/1982 |
| From: | Reveley W HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO. |
| To: | |
| Shared Package | |
| ML20052H025 | List: |
| References | |
| ISSUANCES-OL, NUDOCS 8205190292 | |
| Download: ML20052H038 (3) | |
Text
,
e LILCO, Mayil3, 1982
- e2 t ' 17 pn n 6 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 (OL)
)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
COUNTY ACCESS TO SECURITY PLAN I.
The issue now pending is whether Frank Jones, the Deputy County Executive working most closely with the County's r
lawyers in this proceeding, should be given access to the Shoreham Security Plan.
The Long Island Lighting Company will not object to Mr. Jones' being permitted to consult with those County lawyers and security experts who have been allowed to read the protected security documents.
LILCO does not agree, however, that Mr. Jones should have access to the documents themselves because he is neither a lawyer nor a security expert.
Under NRC case law, a security plan, or any portion thereof, is to be released solely to individuals qualified to review it.
It is to be made available to the intervenor's attorney plus any experts it selects who are so qualified.
Only those portions of a plan which re-late to the expert's area of expertise need be shown that expert.
If a proposed expert's qualifications are challenged, 8205190292 820513 i
PDR ADOCK 05000322 G
~,
d
. the intervenor must prove that the expert is qualified to evaluate each section of the plan which is to be reviewed by him or her.
In the Matter of Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-410, 5 NRC 1398, 1406 (1977) (footnote omitted).
If Mr. Jones is to be involved in protected discus-sions, LILCO beli~ eves (a) that his involvement should be limited by Board Order to consultation with those County lawyers and security experts who have been allowed to read the protected security documents, and (b) that Mr. Jones must sign an Affidavit of Non-Disclosure of the sort signed by the eleven people already given access to protected data on the County's behalf.
While the Affidavit contemplates access to the protec-ted documents themselves, as well as to discussions concerning them, that should pose no problem so long as the Board Order concerning Mr. Jones makes clear that his access is to the dis-cussions alone, not also to the documents.
II.
LILCO remains intensely concerned that there be no breach of the confidentiality of the Shoreham security plan.
Common sense suggests that the more people who have access to the protected documents and/or to discussions concerning them, the greater th'e risk of breach.
If Mr. Jones is to participate in discussions concerning the Shoreham security documents,
. there will then be twelve County people with access to protected data or to protected discussions about them, that is, three outside lawyers and two of their secretaries, three secu-rity consultants, and three County police officials, plus Mr.
Jones.
Barring a strong showing of good cause for further such dissemination of the protected data, LILCO will not acquiesce willingly in it.
L1LCO requests that the Board and the County's lawyers reemphasize to the eleven people already given access to the protected data on the County's behalf, and to Mr. Jones, the seriousness of their commitments to hold the protected data in confidence and the necessity that the commitments be honored.
Respectfully submitted, LONG ISLAND LIGHTING COMPANY b
. :J '
f
/'
. EDn' is,,91 -
W.
Taplor,Reveley, III
/
Hunton & Williams P.
O.
Box 1535 Richmond, Virginia 23212 DATED:
May 13, 1982
, ___