ML20056E895

Motion to Amend Protective Order (Governing non-disclosure of INPO Rept).* NRC Moves That Board Add Footnote to Paragraph 3.Certificate of Svc Encl

ML20056E895
Person / Time
Site:	Diablo Canyon
Issue date:	08/17/1993
From:	Reis E NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#393-14223 OLA-2, NUDOCS 9308250274
Download: ML20056E895 (5)

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. /Ozs l August 17,1993 l g  : -

I UNITED STATES OF AMERICA '

NUCLEAR REGULATORY COMMISSION .g3 7g 37 p f :3)

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD _ j i

In the Matter of )

) Docket Nos. 50-275 OLA-2 '

PACIFIC GAS & ELECTRIC CO. ) 50-323 OLA-2

)

(Diablo Canyon Nuclear Power Plant, ) (Construction Period Recovery) j Units 1 & 2) )

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MOTION TO AMEND PROTECTIVE ORDER (Governine Non-Disclosure ofINPO Reoort) l l

INTRODUCTION On August 3,1993, the Atomic Safety and Licensing Board issued a Protective l Order governing the disclosure and use of excerpts from a report prepared by the Institute l

of Nuclear Power Operations (INPO) titled, " Evaluation of Diablo Canyon Power Plant,"  :

dated July 1990 (INPO Report). The INPO Report is a confidential document, accorded l

restricted distribution by INPO and Pacific Gas and Electric Company (PG&E). Under l the aforementioned Protective Order,8 the INPO document was made available to named persons designated by San Luis Obispo Mothers for Peace (SLOMFP),Intervenor herein, .j and named persons designated by the NRC Staff. The Staff, in this motion, seeks to clarify that the Order does not put any general limitation on the Staff examining the i

2 " Memorandum and Order (Granting Discovery Request / Referring Ruling to Commission)," LBP-93-13, July 19,1993, (Discovery Order).

9308250274 930817 b PDR ADOCK 05000275 O pon

t subject INPO Report or any person from bringing a safety problem to the attention of cognizant NRC officials.

DISCUSSION In accordance with paragraph no. 3 of the Memorandum and Order (Protective -

Order Governing Non-Disclosure ofINPO Report), dated August 3,1993,6sclosure of information in the INPO report, " Evaluation of Diablo Canyon Power Plan," dated July 1990, is limited to specifically identified individuals and "no disclosure shall be made other than for purposes directly related to the hearing to be held in conjunction with this proceeding."

The foregoing language may suggest an unintended limitation in preventing NRC Staff members identified in the Order from bringing to the attention of other appropriate NRC officials information that raises an important safety concern that may be disclosed in those reports or that the persons named in the protective order may not bring to the attention of the Inspector General or other NRC law enforcement officials information

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gleaned from the reports. Accordingly, the Staff respectfully moves that the Board add a footnote to paragraph no. 3 providing:

This Order shall not be interpreted as preventing the persons authorized to receive protected documents from disclosing information obtained therefrom to the NRC Executive Director for Operations, the NRC l

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Director of the Office ofInvestigations, or the NRC Inspector General, but shall inform such official that the information was obtained from documents covered by this protective order.2 Respectfully submitted, Edwin J. is Deputy Assistant General Counsel for Reactor Licensing Dated at Rockville, Maryland this 17th day of August 1993 l

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2 If the Board wished, the amended Order could also require that the Board be informed promptly of such disclosure.

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t UNITED STATES OF AhERICA NUCLEAR REGULATORY COMMISSION 93 g 17 pg :3)

BEFORE THE ATOMIC SAFETY AND LICENSING BOARD r

In the Matter of )

)

PACIFIC GAS & ELECTRIC COMPANY ) Docket Nos. 50-275 OLA-2

) 50-323 OLA-2

)

(Diablo Canyon Nuclear Power Plant, ) (Constructed Period Recovery)

Units 1 and 2) )

CERTIFICATE OF SERVICE l I hereby certify that copies of ' MOTION TO AMEND PROTECTIVE ORDER i

(Governing Non-Disclosure of INPO Report)" in the above captioned proceeding have been served on the following by deposit in the United States mail, first class or, as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system, this 17th day of August 1993:

Charles Bechhoefer* Office of Commission Appellate Administrative Judge Adjudication

• Atomic Safety and Licensing Board Mail Stop: 16-G-15 OWFN i Mail Stop: EW-439 U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Adjudicatory File * (2)

Jerry R. Kline Atomic Safety and Licensing Board  ;

Administrative Judge Panel  ;

l Atomic Safety and Licensing Board Mail Stop: EW-439 l Mail Stop: EW-439 U.S. Nuclear Regulatory Commission i U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 l Atomic Safety and ?.icensing Board Frederick J. Shon* Panel

• Administrative Judge Mail Stop: EW-439 Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Mail Stop: EW-439 Washington, DC 20555 U.S. Nuclear Regulatory Commission Washington, DC 20555 l

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i Nancy Culver, President Office of the Secretary * (2) l San Luis Obispo Mothers for Peace Attn: Docketing and Senrice P.O. Box 164 Mail Stop: 16-G-15 OWFN  ;

Pismo Beach, CA 93448 U.S. Nuclear Regulatory Commission Washington, DC 20555 ,

i Christopher J. Warner Richard F. I.ocke Joseph B. Knotts, Jr., Esq.  !

Pacific Gas & Electric Co. David A. Repka, Esq.' j 77 Beale Street Kathryn M. Kalowsky, Esq.  !

San Francisco, CA 941% Winston & Strawn j 1400 L Street, N.W.

Greg Minor Washington, DC 20005-3502 j MHB Technical Assoc.

1723 Hamilton Avenue, Suite K Truman Burns  !

San Jose, CA 95125 Robert Kinosian ,

California Public Utilities Commission l Diane Curran 505 Van Ness Room 4103 IEER San Francisco, CA 94102 l 6935 Laurel Avenue, Suite 204 t Takoma Park, MD 20912 I

f Edwin J. 61s  !

Depu Assistant General Counsel l

-for Reactor Licensing f

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