ML20094B860

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Response to Suffolk County 840727 Notice of Execution of Affidavits of Nondisclosure.Suffolk County Representation Premature.Certificate of Svc Encl
ML20094B860
Person / Time
Site: Shoreham File:Long Island Lighting Company icon.png
Issue date: 07/30/1984
From: Irwin D
HUNTON & WILLIAMS, LONG ISLAND LIGHTING CO.
To:
Atomic Safety and Licensing Board Panel
References
OL-4, NUDOCS 8408070274
Download: ML20094B860 (4)


Text

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  1. 7 h l-t' LILCO, July 30, 1984 4

UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION cc: cT Before the Atomic Safety and Licensing Board

'84 Ea -6 All 37 In the Matter of

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. LONG. ISLAND LIGHTING COMPANY

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Docket No.r. 50-322-OL-4 i

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(Low Power)

(Shoreham Nuclear Power Station,

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Unit 1

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LILCO'S RESPONSE TO SUFFOLK COUNTY " NOTICE OF EXECUTION OF AFFIDAVITS OF NON-DISCLOSURE" On. July 27, Suffolk County filed a " Notice of Execution of

. Affidavits of Non-Disclosure," indicating that four Suffolk County J

representatives -- one attorney, a legal secretary and two consul-tants'-- had recently executed Affidavits of Non-Disclosure re-

specting information pertaining to the Shoreham security plan.

The " Notice" also represented that LILCO had "no objection to per-mitting.such individuals access to Safeguards Information relating to" that plan.

Suffolk County counsel's representation, at least in context, is premature.

The Safeguards Information access list

requested by Suffolk County, including these four individuals, is currently 16 names long.1/

LILCO has advised Suffolk County that

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a cl/..In 1982, in connection with security issues ultimately re-solved by the; Final Security Settlement Agreement, numerous

.other Suffolk County representatives had previously executed Board-ratified Affidavits of Non-Disclosure, and various repre-f sentatives of the Suffolk County Police Department had appar-ently been allowed access to such information without executing such an' Affidavit.

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8408070274'840730 PDR ADOCK 05000322 c 'O PDR i

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since the previous security proceeding is resolved the previous access-list does not automatically govern access to Safeguards In-formation in-this proceeding; that until LILCO has had notice of the issues Suffolk County intends to present in this proceeding it cannot consent definitively to any, much less to a 16-name, list;

'that the ultimate list should be determined by the issues, need to

.know,.and expertise, in accordance with the Appeal Board's deci-sion in Pacific Gas and Electric Company, ALAB-410, 5 NRC 1398

-(1977); and that pending agreement on such a list, LILCO is hope-ful of resolving matters relating to access to Safeguards Informa-tion at Shoreham with Suffolk County, but cannot report to the

' Board that it agrees with the County's apparent representations on this subject at this point.2/

Respectfully submitted, LONG ISLAND LIGHTI G COMPANY Donald P.

Irwin Robert M.

Rolfe Anthony E.

Earley, Jr.

HUNTON & WILLIAMS P.O.

Box 1535

.707. East Main Street Richmond, Virginia 23212 DATED:

July-30, 1984

2/-

LILCO has also advised Suffolk County that, in the inter-im, it does not oppose access being given to Safeguards Infor-mation now in the County's possession to certain Suffolk County attorneys and Suffolk County Police Department representatives who have executed Affidavits of Non-Disclosure and are actually working on the security issues before this Board.

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LILCO, July 30, 1984

. sL g-In the Matter of LONG ISLAND LIGHTING COMPANY (Shoreham Nuclear Power Station, Unit 1)

Docket No. 50-322-OL-4 (Low Power)

.I hereby certify 'that copies of LILCO'S RESPdNSEATO-6 All 37 SUFFOLK COUNTY " NOTICE OF EXECUTION OF AFFIDAVITS OF NON-DISCLOSURE" were scrved this date upon the following by first-class mail, postage prepaid, or by hand (one asterisk),c oripy.

Federal. Express'(two asterisks).

~ ~~ WBiics Judge. Marshall E. Miller

  • Fabian G.
Palomino, Esq.**

Atomic-Safety and Licensing Special Counsel to the Board Governor U.S. Nuclear Regulatory Executive Chamber, Room 229 Commission State Capitol

.Washingten, D.C.

20555 Albany, New York 12224 Judge'Glenn O.

Bright

  • Alan R. Dynner, Esq.*

l.

. Atomic Safety and Licensing Herbert H. Brown, Esq.

L

Board, Lawrence Coe Lanpher, Esq.

'U.S.

Nuclear Regulatory Kirkpatrick, Lockhart, Hill, Commission Christopher & Phillips Washington, D.C.

20555 1900 M Street, N.W.,

8th Floor Washington, D.C.

20036

' Judge Elizabeth B.

Johnson *

Oak _ Ridge National Laboratory.

Mr. Martin Suubert P.O.

Box'X, Building 3500 c/o Congressman William Carney Oak Ridge, Tennessee 37830 113 Longworth House Office Building 5y Eleanor.L. Frucci', Esq.

Washington, D.C.

20515 1

Atomic Safety and Licensing Board James Dougherty, Esq.-

U.S. Nuclear Regulatory 3045 Porter Street, N.W.

Commission.

Washington, D.C.

20008 Washington, D.C.

20555 Jay Dunkleberger, Esq.

' Honorable Peter.Cohalan New York State Energy Office Suffolk~ County Executive Agency Building 2 JCounty Executive /.

Empire State Plaza Legislative Building Albany, New York, 12223 Veteran's Memorial Highway

-Hauppauge, New York 11788 y

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T:

Lg 1 Edwin J. Reis, Esq.*

Martin Bradley Ashare, Esq.

Office of the Executive Suffolk County Attorney Legal Director H. Lee Dennison Building U.S. Nuclear Regulatory Veterans Memorial Highway Commission Hauppauge, New York 11788 Washington, D.C.

20555 Docketing and Service Branch Stephen B.

Latham, Esq.**

Office of the Secretary John.F. Shea, Esq.

U.S.

Nuclear Regulatory Twomey, Latham & Shea Commission 331 West Second Street Washington, D.C.

20555

-Riverhead, New-York 11901 Donald P.

Irwin Hunton & Williams 707 East Main Street

-PostLOffice Box 1535 Richmond, Virginia 23212 DATED:

July 30, 1984 o

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