ML20094E434

Requests Info Re Breach of Confidentiality Involving Case Witness Who Gave Deposition in Proceedings Under Protective Order.Name of Witness Openly Available to Public in PDR for at Least 6 Days.Related Correspondence

ML20094E434
Person / Time
Site:	Comanche Peak
Issue date:	08/01/1984
From:	Roisman A Citizens Association for Sound Energy, TRIAL LAWYERS FOR PUBLIC JUSTICE, P.C.
To:	Chilk NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20094E419	List: ML20094E416 ML20094E434
References
OL-2, NUDOCS 8408090206
Download: ML20094E434 (2)

Text

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TRIAL LAWYERS FOR PUBUC JUSTICE, P.C. , ,

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SUITE 611 2000 P STREET. NORTHbT.ST WASHINGTON. D.C. 20036 . . - - .

(1021463-8600 August 1, 1984@ EU-6 M $

Secretary Chilk s, .

United States Nuclear u u%

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. Regulatory Commission Washington, DC 20555

Dear Secretary Chilk:

I am writing to express our extreme outrage that the name of a CASE witness who gave a deposition in the Comanche Peak licens-ing proceedings under a protective order, with a promise of con-fidentiality, was openly available to the public in the public

' document room of the NRC for at least six days. A copy of the transcript of the deposition, on microfiche, was also openly available to the public (accession #8407240312). The name of the

. witness and the microfiche copy of the transcript were removed from.the public document room yesterday, only after one of our

-interns discovered that they were available and informed a staff worker. - The publication of the witness's name and transcript constitutes a serious breach of the protective order.

We hold the Secretary of the Commission directly responsible

.for this serious breach. In the event that any adverse conse-quences result to this or any other witness whose confidentiality has been breached, we intend to hold the Secretary and his office directly liable under the Federal Tort Claims Act. In addition, we will hold the individual or individuals responsible for this matter liable in tort.

To protect our witness from damage from this serious breach, we expect within one week, a report from the Commission contain-ing the following information:

1) when and how the breach occurred;

2) who was responsible for it;

3) what has been done to recover all copies of the transcript and of the witness's name;

4) what is being done to determine who had access to the transcript and te the wit-ness's name;

5) a list of all those who may have obtained a copy of the witness's name and transcript;

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6) what is being done to ensure that the names and transcripts of the testimony of other witnesses who testified under a protective order are not made available to the public;

7) the identity of the person or persons responsible for all of the protected documents; and

8) what changes in procedure are being implemented to ensure that such breaches do not occur in the future.

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Anth ny Z. Roisman Executive Director cc Chairman, Atomic Safety and Licensing Board e

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