ML20054G211
| ML20054G211 | |
| Person / Time | |
|---|---|
| Site: | 05000142 |
| Issue date: | 06/17/1982 |
| From: | Frye J Atomic Safety and Licensing Board Panel |
| To: | CALIFORNIA, UNIV. OF, LOS ANGELES, CA |
| References | |
| ISSUANCES-OL, NUDOCS 8206210275 | |
| Download: ML20054G211 (7) | |
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4 UNITED STATES OF AMERICA ljssC. l 7, _.,. p.
NUCLEAR REGULATORY COMMISSION ATOM'C SAFET.Y AND LICENSING BOARD
'32 JdN 18 A9 :36 Before Administrative Judges:
John H Frye, III, Chairman
..Y Dr. Emeth A. Luebke 1
Dr. Oscar H. Paris SEVED JUN 1ISE In the Matter of Do-ket No. 50-142 OL THE REGENTS OF THE UNIVERSITY (Proposed Renewal of 0F CALIFORNIA Facility License No. R-71)
(UCLAResearchReactor)
June 17, 1982 MEMORANDUM AND ORDER (Ruling on Disputes Concerning Photographs)
On November 17, 1981, CBG inspected UCLA's Nuclear Energy Laboratory pursuant to requests filed under 10 CFR 5 2.741.
During this inspection CBG took numerous photographs (CBG reported taking 217 photographs; UCLA, which developed the film, reports having 215).
UCLA is now in possession of these photographs, which CBG seeks to have released to it. The specific disagreements between UCLA and CBG are set out below.
The Irrelevant Photograph UCLA objects to the release of one photograph on relevancy grounds.
The photograph displays a bumper sticker which makes an unflattering reference to the Governor of California and the " fruit fly" problem.
It also contains certain initials followed by a telephone number. This latter information furnishes the basis for an intricate argument on relevancy fr m CBG. While UCLA has responded to this argument, it notes "[w]hether... the single photograph 8206210275 820617 ri PDR ADOCK 05000142 E (,)
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is released is a matter of little consequence to these proceedings..." (UCLA's
. response to CBG's May 18 request to release the photograph, June 4,1982, p 1).
The Board agrees with this assessment.
It is, af ter ali, the informa-tion conveyed by the photograph, not the photograph itself, which may or may not be relevant. That information is now well known to all parties. Without pass-ing on the relevancy argument, we deny the objection as moot.
In so doing, we must observe that UCLA and CBG have spent f ar more time arguing this point than justified.
The Security Photographs UCLA objects to the release of 20 photographs on the ground that they depict security-related devices.
At the Board's direction, UCLA has specific-ally responded to CBG's suggestions on means of overcoming its objections, and suggested that it retake the photographs excluding the security-related devices.
UCLA is amenable to a comparison of the two sets of photographs at the forth-coming prehearing conference, but desires that any discussions of them be held
_in_ camera.
The Board agrees that UCLA's suggestion is a good one.
UCLA is to retake these photographs and have both sets available for comparison at the prehearing conference.
If necessary, the Board will hold an in camera session to permit discussion of the matter on the record.
The Remaining Photographs UCLA objetts to the unconditional release of the remaining photographs on tn: ground that they constitute a " photographic map" of the facility. UCLA asserts:
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- University recognizes that there are individuals and groups, some of whom can be expected to be sympathetic to CBG's cause, who regard university compuses as appropriate
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settings for experiments in civil disobedience. For such people these 194 photographs represent blueprints for mischief.
If these photographs are released to the public domain the security of the facility would be irreparably compromised.
UCLA does not assert a specific security objection to any one of these photo-graphs.
CBG, on the other hand, while arguing vigorously for full disclosure of the photographs, does not assert that it will be prejudiced in the presenta-tion of its case by reasonable restrictions on its use of the photographs.
In these circumstances, the Board believes the wisest course is to protect the photographs while in CBG's hands and permit UCLA to raise specific objections to their use in the proceeding. The photographs are, after all, only discovery materials at this point. They will only become a part of the deci-sional record if accepted as exhibits in this proceeding or filed in connection with motions.
Until such time, there is no requirement that they be publicly disclosed. Consequently, we have prepared a protective order with regard to the photographs taken by CBG. Upon acceptance of this order by UCLA and CBG it will be executed by the Board and put into effect.
At that time, this group of photographs is to be turned over to CBG.
In the event that any or all of UCLA's retakes of the 20 photographs are acceptable, they shall be turned over subject to the same protective order.
Accounting for the Photographs In order to keep confusion to a minimum, UCLA is directed to number these photographs so as to provide an easy means of accounting for them.
This
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r should also facilitate procedures in the event CBG wishes to file particular photographs in this proceeding. A distinct numbering system should be adopted with respect to the retakes of the 20 photographs to which UCLA has specific objections.
ORDER In consideration of the above, it is this 17th day of June,1982, ORDERED:
1.
UCLA's objection to the release of the " irrelevant photograph" is denied as moot; 2.
UCLA is to retake 20 photographs to which it objects so as to elim-inate the objectionable subject matter and bring these " retakes", together with the objectionable photographs, to the forthcoming prehearing conferencc so that the two sets may be compared and, if necessary, in camera discussions held; and 3.
UCLA is to number the photographs taken by CBG and separately number the " retakes" referred to in paragraph 2, above. Upon acceptance by CBG and UCLA of the terms of a protective order attached hereto, it will be executed by the Board.
At that time, UCLA is to turn over the photographs taken by CBG to which it has no specific security ity objections.
Any " retakes" referred to in paragraph 2, above, which are accepted in lieu of the CBG photographs are also to be turned over pursuant to the same protective order.
FOR THE ATOMIC SAFETY AND LICENSING BOARD x
f a
H rye, III, Chairman I
STRATIVE JUDGE
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFET,Y AND LICENSING BOARD Before Administrative Judges:
John H Frye, III, Chairman Dr. Emmeth A. Luebke Dr. Oscar H. Paris In the Matter of Docket No. 50-142 OL THE REGENTS OF THE UNIVERSI'iY (Proposed Renewal of 0F CALIFORNIA Facility License No. R-71)
(UCLA,Research Reactor)
June 1982 PROTECTIVE ORDER (Release of Photographs)
On November 17, 1981, during a testing and inspection tour of the Applicant's (UCLA's) Nuclear Energy Laboratory facility by the Committee to
- 8. ridge the Gap (CBG), CBG representatives took approximately 215 photographs of the laboratory facility and its equipment.
UCLA is concerned that the release of a large number of photographs of the NEL facility would risk compromising the security of the facility.
Accordingly, it is this day of June, 1982, ORDERED:
That, on acceptance of this Order by UCLA and CBG, and execution by the Board:
1.
UCLA is to release to CBG the color negatives for all but 21 of the 215 photographs taken by CBG on November 17, 1981. UCLA is also to release to
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' CBG the color negatives of photogra'phs taken by UCLA which have been accepted in lieu of 20 photographs taken by_CBG to which UCLA objects on security grounds.
The CBG photographs released by UCLA are numbered
, and the 20 UCLA photographs released by UCL A are numbered 2.
The negatives released, and any prints made from those negatives, or any duplicates, reproductions, or copies of the prints or negatives (herein-after, the " photographs") will be used only by CBG, its officers, attorneys, and technical consultants, in the preparation of evidence for the hearing in the above-captioned proceeding, or the preparation of any motions or pleadings incident thereto, and CBG shall exercise control over each and 'every one of the photographs sufficient to insure that the photographs are not disclosed to any unauthorized person.
3.
CBG is to return to the University each and every such photograph (which includes all negatives, prints, duplicates and reproductions) in its possession or control within 14 days after the entry of the final action of the NRC with respect to this license application.
4.
In the event that CBG intends to use any or all of the photographs in i
i support of any of its written pleadings or testimony in this proceeding, it is to identify photographs which support written pleadings in those cleadings, and photographs intended for use as exhibits at hearing at least 15 days in advance j
of the hearing session at which they will be offered.
Identification shall be by number assigned to the photograph or photographs. UCLA shall have seven days from the date of service of the identification of a photograph to apply for a l
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' l protective order.
Such application shall be made by con ference telephone call initiated by UCLA. Use of the photographs which are the subject of such appli-cation will be on terns and conditions set by the Board.
Accepted:
, June 1982 For the Regents of the University of California Accepted:
, June 1982 For the Committee to Bridge the Gap FOR THE ATOMIC SAFETY AND LICENSING BOARD John H Frye, III, Chairman ADMINISTRATIVE JUDGE Dated at Bethesda, Maryland, this day of June, 1982.
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