ML20087G565
| ML20087G565 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 03/16/1984 |
| From: | Wetterhahn M CONNER & WETTERHAHN, PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | Brenner L, Cole R, Morris P Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8403200060 | |
| Download: ML20087G565 (14) | |
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Judge Lawrence Brenner Judge Richard F. Cole Atomic Safety and Atomic Safety and Licensing Board Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Judge Peter A. Morris Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C.
20555 In the Matter of Philadelphia Electric Company (Limerick Generating Station, Units 1 and 2)
Docket Nos. 50-352 and 50-353 Gentlemen:
Enclosed are
" Protective Order on Special Nuclear Material Security Plan Information" and
" Affidavit of Non-Disclosure" related to the storage of unirradiated fuel at the Limerick Generating Station whose form has been agreed to by Philadelphia Electric Company and Limerick Ecology Action.
Also enclosed is a stipulation for which an agreement has been reached in principle.
LEA and Applicant intend to request the Board on Monday, March 19, 1984, to issue the protective order so that counsel for LEA and any acceptable expert may examine the physical security plan for storage of unirradiated fuel in accordance with the proposed stipulation.
8403200060 840316 gDRADOCK 05000352 PDR
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Judga Lawrenca J. Brenner l
Cr. Richard F. Cole Dr. Peter A. Morris March 16, 1984 Page 2 I
These documents are being transmitted in advance to give the Board an opportunity to examine them so that counsel can address any questions the Board may have.
Sincerely, Mark J. Wetterhahn Counsel for Applicant MJW:sdd cc:
See Service List
!y UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD BEFORE ADMINISTRATIVE JUDGES:
Lawrence Brenner, Chairman Dr. Richard F. Cole Dr. Peter A. Morris
)
In the Matter of
)
)
Philadelphia Electric Company
)
Docket Nos. 50-352
)
50-353 (Limerick Generating Station,
)
Units 1 and 2)
)
)
PROTECTIVE ORDER ON SPECIAL NUCLEAR MATERIAL SECURITY PLAN INFORMATION
- Counsel, expert consultants, and witnesses for Intervenor Limerick Ecology Action ("Intervenor") who have executed an Affidavit of Non-Disclosure in the form
- attached, shall be permitted access to
protected information" /
upon the following conditions:
1.
Only Intervenor's counsel 'and an expert who has demonstrated his technical qualifications to the Board in accordance with the requirements of the decision in Pacific Gas and Electric Company (Diablo Canyon Nuclear Power Plant,
- /
As used in this order, " protected 2.aformation" has-the
~
same meaning as used in the.
Affidavit of Non-Disclosure, annexed hereto.
_ _ _ _ _ _ _ _ _ _____________________________j
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,.(
Units 1 and 2), ALAB-410, 5 NRC 1398 (1977) may have access to protected information on a "need to know" basis.
2.
Counsel and the expert who receive any protected information (including transcripts of M camera hearings, filed testimony or any other document that reveals protected inform.ation) shall maintain its confidentiality as required by the annexed Affidavit of Non-Disclosure, the terms of which are hereby incorporated into this protective order.
3.
Counsel and the expert who receive any protected information shall use it solely for the purpose of par-ticipation in matters directly pertaining to this security proceeding directly involving security matters, and for no other purposes.
4.
Counsel and the expert shall keep a record of all documents containing protected information in their pos-session and shall account for and deliver that information to the Commission official designated by this Board in accordance with the Affidavit of Non-Disclosure that they have executed.
5.
In addition to the requirements specified in the Affidavit of Non-Disclosure, all papers filed in this proceeding (including testimony) that contain any protected information shall be segregated and:
(a) served on lead counsel designated by the Board and the' members of this Board only:
(b) served in a heavy, opaque inner envelope bearing the name of the - addressee and the
,\\
' statement'" PRIVATE.
TO BE OPENED BY ADDRESS-EE~ONLY."
Addressees shall - take all neces-sary precautions to ensure that they alone
~
will open envelopes so marked.
6.
_Until otherwise ordered by the Board, all protect'ed
^
information shall remain in the custody of Applicant and l
-shall be treated in accordance with Applicant's procedures for handling Safeguards Information.
Applicant shall.make i
provisions for assuring that counsel and the expert's notes f
and papers are segregated, sealed, and made available only to counsel and the expert.
7.
. Counsel, expert or any other individual who ~ has reason to suspect that documents containing. protected information may have been lost or misplaced (for example, becaus'e an expected paper has not been. received) or that protected information has. otherwise become available to unauthorized - persons-shall notify this. Board promptly of' those suspicions and the reasons for them.
1 It is so ORDERED.
FOR THE ATOMIC SAFETY AND LICENSING BOARD l
-Lawrence Brenner, Chairman
' ADMINISTRATIVE' JUDGE.
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UNITED STATES OF AMERICA J
NUCLEAR REGULATCRY COMMISSION l.
Before the Atomic Safety and Licensing Board In the Matter of
)
)
Philadelphia Electric Company
)
Docket Nos. 50 ~
)
50-353 (Limarick Generating Station,
)
l Units 1 and 2)
)
AFFIDAVIT OF NON-DISCLOSURE f
I, Charles W. Elliott, being duly sworn, state:
l 1.
As used in this Affidavit of.Non-Disclosure, (a)
" Protected information" is (1) any form of the physical-security plan for Special Nuclear Material for l
the Applicant's Limerick, Generating Station, Units 1 and 2:
or (2) any information obtained by virtue of these proceed-ings which is not otherwise a matter of public record and which deals with or describes details of the security plan.
(D)
"An authorized person" is (1) an employee of i
l the Nuclear Regulatory Commission entitled to access to t
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; or (3) a person employed.by Philadelphia Electric Company.or its counsel and i
authorized by it in accordance with Commission regulations I
to have access to-protected information.
l l
4
,y y
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/ 1 2.
I shall only examine the physical security plan f7r Special Nuclear Material at a location designated by and under the control of Applicant.
3.
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 transcript 3 of g camera 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 dis-closed to anyone else.
4.
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 Licensing Board.
5.
I shall similarly safeguard and hold in confidence any data, notes or copies of protected information and all other papers which contain any protected information by means adequate to guarantee their security.
6.
If I prepare papers containing protected informa-tion in order to participate in further proceedings in this case, I will assure _that.any secretary or other individual who must. 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
d I
affidavit will be filed with the Licensing Board before I reveal any protected information to any such person.
t 7.
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 issucs, and for no other purpose, j
8.
I shall keep a record of all-protected information in my possession, including any-copies of that information t
made by or for me.
At the conclusion of this proceeding, I 4
shall account to the Licensing Board or to a Commission i
~
employee designated by that Board for all the papers" or other materials containing protected 'information in my possession and de'.iver 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 i
i shall deliver those papers and materials to the Licensing i
Board (or to a Commission employee designated by the Board),
t i
together with all notes and data which contain protected information for disposal or safekeeping.during the lifetime of the plant as directed b,y the Board.
9.
I ' make this agreement with the following under-standings:
(a) I do not' waive any-objectionsthat any other-person.may have to' execute an affidavit such.as.this o'ne :
(b) I will not corroborate to any individual who is not'an authorized person the accuracy or ~ inaccuracy of information obtained-outside this proceeding by. using.. protected-information gained through the hearing process.-
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g 10.
I make the foregoing statements under oath subject to the penalties and provisions of 18 U.S.C. 51001.
1 b
Subscribed and sworn to before me this day of March, 1984.
Notary Public i
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Before the Atomic Safety and Licensing Board In the Matter of
)
)
Philadclphia Electric Company
)
Docket Nos. 50-352
)
50-353 (Li.aetick Ge.* rating Station,
)
Units 1 4:.d 2)
STlPULATION DETWEEN PHILADELPHIA ELECTRIC COMPANY AND LIMERICK ECOLOGY ACTION RELATING TO STORAGE OF UNIRRADI ATED PUEL Philadelphia Electric Company is an applicant before the Nuclear Regulatory Commission ("NRC") for an operating license for Limerick Generating Station, Units 1 and 2 (" Station') and for an amendment to Special Nuclear Material License SNM-1926 to permit the storage of unieradiated nuclear fuct at the St2 tion.
Limerick Ecology Action (" LEA"), is an intervenor in the operating license proceeding.
Philadelphia Electric Company (" Applicant") and LEA hereby stipulate 4.nd agree to the following:
1.
Applicant shall make available to counsel for LEA and its expert the Physical Security Plan for Protection of Special Nuclear Material of Low Strategic Significan.e under the terms and conditions of a " Protective Order on Special Nuclear Material Security Plan Information and Associated Affidavit of Non-Disclosure"
(" Protective Order") to be issued by the presiding Atomic Safety and Licensing Board ("Doard"-) and whose form is acceptable to Applicant and LEA.
2.
LEA, upon completion of its review and after discussions with Applicant and NRC Staf f, if necess<try, may seek litigation of matters relating gat 7 to the physical security of the unitradiated fuel by filing contentions with the Board with copies to the Applicant, and NRC Staff pursuant to the terms of the hat Protective Order p/ seek a stay of issuance of the license or its e
T I
effectiveness before the Board.
Applicant reserves the right to oppose admission of these contentions, to seek to have them dismissed or denied prior to an adjudicatory hearing and to oppose any stay requested by intervenor.
3.
The filing of contentions with the Board or the Board's consideration of any admitted contention related to this matter shall not, without the express written agreement of Applicant and LEA, operate to delay issuance of the requested amendment to SNM-1926 or shipment or receipt of the unitradiated fuel covered thereunder unless the Board, after consideration of the positions of LEA, Applicant and NRC Staff, determines that the issuance of a stay is required under the NRC's rules and governing precedents.
4 LEA shall not seel. to appeal the Board's ruling related to the storage of unitradiated fuel or to seek other relief from the Atomic Safety and Licensing Appeal Board, the Nuclear Regulatory Commission or any court until after the Board's decision either on the merits or otherwise disposing of all matters 4
related to the storage of unirradiated fuel.
5 In any event, no appeal shall be taken by LEA or Applicant as to the i
Doard's jurisdiction to consider matters related to the storage of unitradiated fuel at Limerick.
Philadelphia Electric Company By its Attorney Mark J.
We t terhahn L/
Limerick Ecology Action By its Attorney Charles W. Elliott
......._....._..._.......j
')
s UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
Philadelphia Electric Company
)
Docket Nos. 50-352
)
50-353 (Limerick Generating Station,
)
Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of a letter to the Atomic Safety and Licensing Board from Mark J.
Wetterhahn dated March 16, 1984 enclosing
" Protective Order on Special Nuclear Material Security Plan Information," " Affidavit of Non-Disclosure" and
" Stipulation Between Philadelphia Electric Company and Limerick Ecology Action Relating to Storage of Unirradiated Fuel" in the captioned matter have been served upon the following by deposit in the United States mail this 16th day of March, 1984:
Lawrence Brenner, Esq. (2)
Atomic Safety and Licensing Atomic Safety and Licensing Appeal Panel Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Docketing and Service Section
- Dr. Richard F. Cole Office of the Secretary Atomic Safety and U.S. Nuclear Regulatory Licensing Board Commission U.S. Nuclear Regulatory Washington, D.C.
20555 Commission Washington, D.C.
20555
- Ann P. Hodgdon, Esq.
Counsel for NRC Staff Office
- Dr. Peter A. Morris of the Executive Atomic Safety and Legal Director Licensing Board U.S. Nuclear Regulatory U.S. Nuclear Regulatory Commission Commission Washington, D.C.
20555 Washington, D.C.
20555 Hand Delivery
j Atomic Safety and Licensing Steven P. Hershey, Esq.
Board Panel Community Legal U.S. Nuclear Regulatory Services, Inc.
Commission Law Center West North Washington, D.C.
20555 5219 Chestnut Street Philadelphia, PA 19139 Philadelphia Electric Company-ATTN:
Edward G. Bauer, Jr.
Angus Love, Esq.
Vice President &
107 East Main Street General Counsel Norristown, PA 19401 2301 Market Street-Philadelphia, PA 19101 Mr. Joseph H. White, III 15 Ardmore Avenue Mr. Frank R. Romano Ardmore, PA 19003 61 Forest Avenue Ambler, Pennsylvania 19002 Robert J. Sugarman, Esq.
Sugarman, Denworth &
Mr. Robert L. Anthony Hellegers Friends of the Earth of 16th Floor, Center Plaza the Delaware Valley 101 North Broad Street 106 Vernon Lane, Box 186 Philadelphia, PA 19107 Moylan, Pennsylvania 19065 Director, Pennsylvania Mr. Marvin I. Lewis Emergency Management Agency 6504 Bradford Terrace Basement, Transportation Philadelphia, PA 19149 and Safety Building Harrisburg, PA 17120 Phyllis Zitzer, Esq.
Limerick Ecology Action Martha W.
Bush, Esq.
P.O. Box 761 Kathryn S. Lewis, Esq.
762 Queen Street City of Philadelphia Pottstown, PA 19464 Municipal Services Bldg.
15th and JFK Blvd.
- Charles W. Elliott, Esq.
Philadelphia, PA 19107 Brose and Postwistilo 1101 Building lith &
Spence W. Perry, Esq.
Northampton Streets Associate General Counsel Easton, PA 18042 Federal Emergency Management Agency Zori G.
Ferkin, Esq.
E00 C Street, S.W., Rm. 840 Assistant Counsel hashington, DC 20472 Commonwealth of Pennsylvania Governor's Energy Council Thomas Gerusky, Director 1625 N. Front Street Bureau of Radiation Harrisburg, PA 17102 Protection Department of Environmental Resources 5th Floor, Fulton Bank Bldg.
Third and Locust Streets Harrisburg, PA 17120 e
- Fe'eral Express d
( a Jay M. Gutierrez, Esq.
U.S. Nuclear Regulatory Ccammission Region I 63.1 Park Avenue Kh.g of Prussia, PA 19406 James Wiggins Senior Resident Inspector U.S. Nuclear Regulatory Commission P.O.
Box 47 Sanatoga, PA 19464 Timothy R.S. Campbell Director Department of Emergency Services 14 East Biddle Street West Chester, PA 19380 AA l e Markg.Wetterhahh m
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