ML20053E815
| ML20053E815 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 06/02/1982 |
| From: | Bordenick B, Earley A, Lanpher L LONG ISLAND LIGHTING CO., NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD), SUFFOLK COUNTY, NY |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| ISSUANCES-OL, NUDOCS 8206100118 | |
| Download: ML20053E815 (18) | |
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UNITED STATES OF AMERICA 3n NUCLEAR REGULATORY COMMISSION
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Before the Atomic Safety and Licensing Board
? "I:?i'O P2:26
)
In the Matter of
)
)
LONG ISLAND LIG11 TING COMPANY
)
Docket No. 50-322 OL
)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
JOINT MOTION REGARDING REVISED PROTECTIVE ORDER GOVERNING ACCESS TO SECURITY PLAN INFORMATION On January 14, 1981, this Board issued an Order granting a " Joint Motion to Accept a Stipulation on the Security Plan,"
dated December 31, 1980.
Attached to the January 14 Order was a
" Protective Order on Security Plan Information."
This protective order permitted access to the Shoreham security plan under specified safeguards, including execution of an " Affidavit of Non-Disclosure."
During the last several months, there have been numerous revicions to the January 14, 1981 Order.
More specifically, the January 14 Order was revised in Orders entered on March 15 and 31, 1982, and April 7, 1982.
These revisions have provided a more efficient procedure for cpproving access by Suffolk County representatives to protected security information (hereinafter,
" safeguards information").
In addition, on May 12, 1982, Suffolk County requested further revision of the Board's security protective ordern to permit certain of its representatives, previously authorized to oh0090fy D
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review safeguards information, to review and keep specified safeguards information in additional locations than the two locations (NRC offices, LILCO of fices) specified by the Board 1/
in its Order of March 31, 1982.- The safeguards information included within the County's request is of two classes: (1) any notes which designated Suffolk County represent atives have made from their review of the safeguards information; and (2) copies of pleadings containing safeguards information.
LILCO and the NRC Staff have no objections to the County's May 12 request, which, at this time, is awaiting Board action.
The above revisions (both impicmented and pending) to th2 Board's original protective order of January 14, 1981 illustrate the need for a new protective order governing access by all parties to the Shoreham proceeding to safeguards information.
The Board has requested that the parties confer and reach agreement concerning the terms of such protective order, including the requirements for access to safeguards information.
Suffolk County, LILCO and the NRC Staff have discussed the terms of the proposed protective order and have agreed upon the stipulation set out in part II below.
The parties have also discussed a proposed modification to the affidavits of non-
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In its March 31, 1982 order, the Board granted permissicn to the County's authorized representatives to review safeguards information at "an NRC location made available by the NRC Staff in the greater Washington, D.C. area in addition to the facility
- Long lutand made available by LILCO."
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disclosure used in this proceeding.
An agreed-upon proposed protective order and affidavit of non-disclosure are attached hereto.
II.
In order to meet the conditions governing access to safe-guards information previously enunciated by the Board and adequate to satisfy the specific requirements of 10 C.F.R.
S73.21, Suffolk County, LILCO and the NRC Staff stipulate to 2/
tne following facts and conditions;-
1.
There is a relationship between Suffolk County's security contentions 1 through 12 and specific portions of the security plan or other safeguards information; 2.
The suffolk County representatives-3/for whom
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The requirements for obtaining such access were set out in the Atomic Safety and Licensing Appeal Board's decision in Pacific Gas & Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-410, 5 NRC 1398 (1977), and in subsequent orders in that proceeding.
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At this time, Suffolk County's authorized representatives are as follows: Herbert H.
Brown, Lawrence Coe Lanpher, and Michael S. Miller, counsel to Suffolk County; Brian M. Jenkins, Richard E. White and Marc W.
Goldsmith, security experts for Suffolk County; and Police Commissioner Donald J. Dilworth, Inspector Philip McGuire and Lt. Thomas P. Compitello, members of the Suffolk County Police Department and security experts /
consultants for Suffolk County.
In addition, Ms. Diana Krae.ier and Ms. Amy Pinto, secretaries to counsel for Suffolk County, are authorized to type pleadings and other materials which may contain safeguards information.
Mr. Frank Jones, Deputy County Executive for Suffolk County, is authorized to consult with the above-named lawyers and experts / consultants regarding safeguards information on a "need to know" basis; however, he is not authorized to have access to the documents which themselves contain safeguards information.
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- access to safeguards information is sought will likely abide by the terms of any protective order governing safeguards information; The parties understand the Board's desire for a " finite number" of County representativen having access to safeguards information, and, at this time, the above persons represent all persons the County presently contemplates seeking access to such information.
At the same time, it is possible that as the security proceeding progresses, the County may seek to obtain authorization for other persons to have access to safeguards information.
Access to safeguards information by additional Suffolk County representatives will be provided on an "as needed" basis, provided that:
a.
The Suffolk County representative for whom access is granted has executed an Affidavit of Non-Disclosure in the form attached hereto;
- b. LILCO and the NRC Staff have no objection to permitting the named individual access to safeguards information.
This includes the right of LILCO and the NRC Staff to insist on compliance with paragraph 4 (c) of the affidavit giving them the prior right to a resume of the designated representative's background.
The filing of resumes in the proceeding in the absence of objection to the affiant is not required; and
- c. The Affidavit of Non-Disclosure in the form attached hereto is filed in the proceeding, along with the advice that LILCO and the NRC Staff have no objection to the affiant.
The filing need not be in advance of access to the information, but steps a and b are prerequisites to access.
In the event LILCO or the Staff objects to access by an additional County representative, the Board shall resolve the access question and no access shall be permitted until the Board has issued its approval.
LILCO has advised the parties that, as noted in its May 13, 1982 pleading entitled " County Access to the Security Plan," LILCO will not acquiesce to further additions of County representatives to safeguards information absent a strong showing of good cause.
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s' 3.
The Suffolk County representatives for whom access to safeguards information is sought will have the technical corapetence to evaluate safeguards information 4/
within their respective areas of expertise.-
III.
Suffolk County, LILCO and the NRC Staff request that the Board:
1.
Accept the stipulation set forth in part II above; and 2.
Issue the attached " Revised Protective Order Governing Access to Security Plan Information" (including the
" Affidavit of Non-Disclosure").
4/
The parties have been unable to reach agreement over the technical competence of Frank Jones to evaluate safeguards information, with LILCO contending that Mr. Jones is not so qualified.
Nevertheless, LILCO has given its consent for Mr. Jones to consult with Suffolk County's lawyers and experts / consultants regarding safeguards information on a "need to know" basis.
e llespectfully submitted, SUFFOLK COUNTY Dy:
lN W a+kA*4 V Herbert H. Browrf C ~
Lawrence Coe Lanpher Michael S. Miller LONG ISLAND LIGHTING COMPANY a
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ir_ el aylor Re IciMII T.S.
- Ellis, II Anthony F.
Earley, Jr.
NRC STAFF
./9 By:
L4b/LM M / 6-Q 6Mr 6,,
Bbrnard M.
B6rdenick David A.
Repka J,4, t
Dated: W
, 1982 4
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11 UNITED STATES OF AMERICA on NUCLEAR REGULATORY COMMISSIONj Tt r i. n LEFORE THE ATOMIC SAFETY AND LICENSING BOARD D
Before Administrative Judges:
';7 7 3,
Lawrence Brenner, Chairman
"" ^'3 P2 :25 Dr. James H.
Carpenter Dr. Peter A. Morris
)
In the Matter of
)
)
Docket No. 50-322 0.L.
LONG ISLAND LIGilTING COMPANY
)
)
(Security Proceeding)
(Shoreham Nuclear Power Station,
)
Unit 1)
)
)
REVISED PROTECTIVE ORDER GOVERNING ACCESS TO SECURITY PLAN INFORMATION On January 14, 1981, this Board issued a " Protective Order on Security Plan Information" permitting access to the Shoreham security plan under specified conditions.
Since that time, the Board has modified its original order on several occasions.
In order to (1) clarify who is permitted access to Shoreham security information, (2) revise the conditions governing that access, and (3) reemphasize the importance of holding protective data in confidence, the Board has issued this revised Protective Order.
It r.upersedes all previous security protective orders issued in this proceeding.
Authorized persons who have executed an Affidavit of Non-Disclosure in the form attached shall be permitted access to protected security information (hereinafter, " safeguards i.nformation"), upon the following conditions:
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1.
!!erbert 11. Brown, Lawrence Coe Lanpher and Michael S.
Miller, as counsel to Suf folk County, and Brian M. Jenkins, Richard E.
White, Marc W.
Goldsmith, Donald J.
Dilworth, Philip McGuire and Thomas P.
Compitello, as experts / consultants to the County, are qualified in accordance with the requirements of the Appeal Board's deci sion in Pacific Gas & Electric Company (Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-410, 5 NRC 1393 (1977), and subsequent orders in that proceeding relevant to security plan information, and may have access to safeguards information on a "need to know" basis.
2.
In addition, Ms. Diana Kraemer and Ms. Amy Pinto, secretaries to counsel for Suffolk County, are authorized to type pleadings and other materials which may contain safeguards information.
Mr. Frank Jones, Deputy County Executive for Suffolk County, is authorized to consult with the above-named lawyers and experts / consultants regarding safeguards information on a "need 1
to know" basis; however, he is not authorized to have access to the documents which themselves contain safeguards information.
3.
Counsel and the experts / consultants who receive any prntected (safeguards) information on behalf of Suffolk County (including transcripts of in camera hearings, filed testimony or any other document that reveals safeguards information) shall maintain its confidentiality as required by the attached Af.fidavit of Non-Disclosure, the terms of which are hereby incorporated into this protective order.
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. 4.
Counsel and the experts / consultants who receive any protected (safeguards) information shall use it solely for the purpose of participation in matters directly pertaining to Suffolk County's security contentions and any hearing that may be held or any further proceedings in this caso directly involving security matters, and for no other purposes.
5.
When pleadings and other papers containing safeguards information need to be filed, it shall be done under the following conditions.
The original of any document shall be served on the Licensing Board, to the attention of Lawrence Brenner, Chairman.
The Board will maintain the official NRC file of documents; no materials containing safeguards information will be filed with the Docketing and Service Section.
In order to keep the service list as limited as possible and thus to reduce the possibility of materials becoming lost or misplaced, copies of documents will be formally served (in addition to the Board Chairman) only on the following who shall be considered " Lead Counsel" for service purposes:
Suffolk County:
Michael S.
Miller LILCO:
Anthony F.
Earley, Jr.
NRC Staff:
Bernard M. Bordenick Service shall be accomplished by the means described in paragraph a of this Order, except each outside envelope shall be marked
" personal and confidential."
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6.
Any individual in this proceeding who has reason to suspect that documents containing safeguards information may have been lost or misplaced, or that safeguards information has become available to unauthorized persons, shall notify the Board promptly of those suspicions and the reasons for them.
7.
The County's counsel and experts / consultants may review safeguards information at a locstion made available by the NRC Staff in Silver Spring, Maryland-or at a facility on Long Island to be provided by LILCO.
In addition, (a) any notes which designated Suf folk County representatives have made from their review of the safeguards information, and (b) copics of pleadings containing safeguards information, may be maintained by t' e following authorized persons at the following locations:
Richard E.
White:
Notes and pleadings to be kept at the NRC Regional Office in Walnut Creek, California.*/
Brian M.
Jenkins:
Notes and pleadings to be kept at The Rand Corporation 1700 Main Street Santa Monica, California 90406.*/
Herbert H. Brown Notes and pleadings to be kept at Lawrence Coe Lanpher Kirkpatrick, Lockhart, Hill, Michael S. Miller:
Christopher & Phillips 1900 M Street, N.W.
Washington, D.C.
20036.
In addition, permission to create notes and pleadings at the afore-mentioned locations is hereby granted.
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Designates an NRC-approved facility for the maintenance, storage and review of safeguards information.
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e 8.
Suffolk County and its above-named authorized repre-sentatives, in keeping safeguards information at the above-designated locations, shall take such protective measures and procedures necessary to satisfy fully the specific requirements of 10 C.F.R.
a S73.21.
Such protective measures and procedures are as follows:
a.
The buildings in which the safeguards information (i.e.,
notes and pleadings) will be maintained wi]l qualify as controlled access buildings in th at they are either attended around the clock or locked at night; b.
The safeguards information, when unattended, will be stored in a locked security storage container, such as a steel filing cabinet or map cabinet equipped with a locked ba and GSA approved combination padlock.
Access to the security storage container will be positively controlled by use of keys or other comparable means; and c.
While in use, the safeguards information will be under the sole control of an authorized individual.
9.
With respect to transportation of the safeguards information in question, procedures will be utilized which ensure compliance with regulatory requirements.
Specifically, documents containing safeguards information, when transmitted outside an i
authorized place of use or storage, will be enclosed in two sealed envelopes or wrappers, with the inner envelope or wrapper containing the name and address of the intended recipient and marked on both sides, top and bottom, with the words " SAFEGUARDS INFORMATION."
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g The outer envelope or wrapper will contain the intended recipient's name and address, with no indication thct the document inside contains safeguards information.
Safeguards information will be transported by messenger-courier, U.S.
first class, registered, express or certified mail, or by an individual authorized access pursuant to 10 C.P.R. S73.21(c).
Any authorized individual transporting the safcguards information in question will be instructed to retain the documents in his personal possession at all times.
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION.:
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BEFORE THE ATOMIC SAFETY AND LICENSING BOARD
'02 c:l -3 P2 :26
)
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,
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 App]icant's Shoreham Nuclear Power Station; or (2) any information 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 Re gplatory Commission entitled to access to protected information; (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 auth6rized by it in accordance with Commission regulations to save access to protected information, or (4) counsel for Long Island Lighting Company.
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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 in camela hearings, filed testimony 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.
It is understood, however, that pleadings which are necessary to be prepared in this proceeding can be reproduced, provided that each copy thereof is maintained in confidence as required by the Eaard's protective order described hereafter.
So long an I possess protected information, I shall continue to take these precautions ~
until further order of the Licensing Doard.
4.
I shall similarly safeguard and hold in confidence any data, notes, or copies of protected information by means of the following:
(a)
Except as otherwise permitted in the Board's May 1982 Order entitled " Revised Protective Order Governing Access to Security Plan Information," my use of the protected information will be made at a facility on Long Island to be made availabic by Long Island Lighting Company or at a facility in Silver Spring, Maryland, made available by the NRC Staff.
g 44 (b)
Except as otherwise permitted in the Board's May 1982 Order entitled " Revised Protective Order Governing Access to Security Plan Information," I will keep and safecpard all such material in a safe to be provided by Long Island Lighting Company or the NRC Staff, after consultation with Long Island Lighting Company or the Staff, and to be located at all times at the above-designated locations.
(c)
Except as otherwise permitted in the Board's May 1982 Order entitled " Revised Protective Order Governing Access to Security Plan Information," 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) above, or (2) by a secretary of my designation who has been authorized by the Board to perform such work.
(d)
Necessary typing and reproduction equipment will be furnished by Long Island Lighting Company and the NRC Staff when secretarial work is performed at the LILCO or Staff offices.
5.
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.
6.
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 l
in my possession and deliver them as provided herein. When I have
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finished using the protected information they contain, but in no event later than the conclusion of this proceeding (including any necessary appeals), 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.
7.
I make this agreement with the understanding that I will not corroborate the accuracy or inaccuracy of information obtained outsidd this proceeding by using protected information gained through the hearing process.
J Subscribed and sworn to before me this day of 1982.
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-regn L ei. c In the Matter of LONG ISLAND LIGHTING COMPANY m "O P2
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(Shoreham Nuclear Power Station, Unit 1) ""
Docket No. 50-322 (OL)
U_..i 1 ;iTp!' 1t G..<
uu I hereby certify that copies of " Joint Motion Regarding Revised Protective Order Governing Access to Security Plan Information" were served upon the following by first-class mail, postage prepaid, on June 7, 1982, or by hand on June 2, 1982, (as indicated by an asterisk), on Lawrence Brenner, Esq.*
Atomic Safety and Licensing Administrative Judge Appeal Board Panel Atomic Safety and Licensing U.S. Nuclear Regulatory Board Panel Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washing ton, D.C.
20555 Atomic Safety and Licensing Board Panel Dr. Peter A. Morris
- U.S. Nuclear Regulatory Administrative Judge Commission Atomic Safety and Licensing Washington, D.C.
20555 Board Panel i
U.S. Nuclear Regulatory Bernard M. Bordenick, Esq.*
Commission David A. Repka, Esq.
Washington, D.C.
20555 U.S. Nuclear Regulatory Commission Dr. James H. Carpenter
- Washington, D.C.
20555 Administrative Judge Atomic Safety and Licensing David J. Gilmartin, Esq.
Board Panel Attn:
Patricia A. Dempsey, Esq.
U.S. Nuclear Regulatory County Attorney Commission Suffolk County Department of Law Washington, D.C.
20555 Veterans Memorial Highway
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Hauppauge, New York 11787 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C.
20555
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t Herbert H. Brown, Esq.*
Howard L. Blau, Esq.
Lawrence Coe Lanpher, Esq.
217 Newbridge Road Karla J. Letsche, Esq.
Hicksville, New York 11801 Kirkpatrick, Lockhart, Hill, Christopher & Phillips 8th Floor Matthew J. Kelly, Esq.
1900 M Street, N.W.
New York State Energy Office Agency Building 2 Washington, D.C.
20036 Empire State Plaza Albany New York 12223 Mr. Mark W. Goldsmith Mr. Jay Dunkleberger Energy Research Group 400-1 Totten Pond Road New York State Energy Office Agency Building 2 Waltham, Massachusetts 02154 Empire State Plaza Albany, New York 12223 MHB Technical Associates 1723 Hamilton Avenue
,3 Suite K E
San Jose, California 95125 Stephen B. Latham, Esq.
Twomey, Latham & Shea l
33 West Second Street P.O. Box 398 i
l Riverhead, New York 11901 g
Ralph Shapiro, Esq.
Cammer and Shapiro, P.C.
9 East 40th Street New York, New York 10016 l
B R
'W (La il Anthony F. farle g Jr.
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me Hunton & Williams 707 East Main Street d
P.O. Box 1535
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E Richmond, Virginia 23212
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DATED:
' June 7, 1982 I6
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