ML20095G895

Forwards Affidavit of Nondisclosure by LC Lanpher.Inclusion of Testimony of Suffolk County Witnesses Mada & Dirmeir,Not Bound Into 840803 Hearing Transcript,Requested

ML20095G895
Person / Time
Site:	Shoreham File:Long Island Lighting Company icon.png
Issue date:	08/20/1984
From:	Letsche K KIRKPATRICK & LOCKHART, SUFFOLK COUNTY, NY
To:	Johnson E, Mark Miller Atomic Safety and Licensing Board Panel
References
OL-4, NUDOCS 8408280249
Download: ML20095G895 (6)

Text

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                                                                                '84 AGO 27 Pl2:11 T        %. ; t n (202) 452-7065                         August 20, 1984                    C@pc Judge Marshall E. Miller, Chairman WW""'::'E36 39D 0 L-{
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Judge Glenn O. Bright Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Judge Elizabeth B. Johnson Oak Ridge National Laboratory P.O. Box X, Building 3500 Oak Ridge, Tennessee 37830

Dear Administrative Judges:

Enclosed please find an Affidavit of Non-Disclosure, executed by Lawrence Coe Lanpher, who is a member of the law firm Kirkpatrick, Lockhart, Hill, Christopher & Phillips. Mr. Lanpher is the third counsel for the County (along with Mr. Brown and myself) who will be representing the county in l the security proceedings before this Board. See Tr. 2954. On an unrelated matter, we inadvertently neglected to l inform the Board during the conference of counsel on July 16, l that the'prefiled testimony of Suffolk County witnesses l Messrs. Madan and Dirmeier was not bound into the hearing l transcript of August 3, 1984. We hereby request the Board to l have the court reporter include that testimony in the trans-cript, subject to the Board's rulings on the motions to strike portions of that testimony. If necessary, we will supply l additional copies of the testimony to the court reporter for that purpose. l B408280249 840820 Sincerely D PDR ADOCK 05000322 l _ Q PDR Karla J. Le he Enclosure cc: Fabian G. Palomino, Esq. Donald P. Irwin, Esq. Bernard M. Bordenick, Esq. Robert Perlis, Esq. c bg%gb Docketing and Service h {

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e UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative judges Marshall E. Miller, Chairman Glenn O. Bright Elizabeth B. Johnson In the Matter of LONG ISLAND LIGHTING COMPANY Docket No. 50-322-OL-4 (LowPower) (Shoreham Nuclear Generating Plant, . Unit 1) AFFIDAVIT OF NON-DISCLOSURE I, A W Vd Mf (of MD (P , being duly sworn, state:

1. As used in this Affidavit of Non-Disclosure, (a) " protected information" is (1) any form of the physical security plan for the Applicant's Shoreham Nuclear Power Station; or (2) any information obtained by virtue of these proceedings which is not otherwise a matter j of public record and which deals with or describes details of the

security plan; (b) an " authorized person" is (1) an employee of the Nuclear Regulatory Comission entitled to access to protected information; (2) a person who, at the invitation of the Atomic Safety and Licensing Board (" Licensing Board"), has executed a copy of this l Affidavit;(3)apersonemployedbyLongIslandLightingCompany,the l -

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                       - Applican.t, and authorized by it in accordance with Commission regulations to have' access to protected information, or (4) counsel for
                        .Long Island Lighting Company.

2. .I shall not disclose protected information to anyone except an authorized person, unless that information has previously been disclosed -

in the p0blic record of this proceeding. I will safeguard protected information in written form (including any portions of transcripts of irt camera hearings, filed testinony 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 disclosed to anyone else. It is

understood that any secretaries having access to protected information shall execute Affidavits of Non-Disclosure and shall have such access ,

                        . solely for the purpose of necessary typing and other support services.

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3. I will not' reproduce any protected information by any means without the Licensing Board's express approval'or direction. It is i

understood, however, that pleadings which are necessary to be prepared t in this proceeding can be reproduced, provided that each copy thereof is maintained in confidence as required by the Board's protective order described hereafter.. So long as I possess protected information, I shall continue to take these precautions until further order of the Licensing Board.

4. I shall similarly safeguard and hold in confidence any data, notes, or copies of protected information by means of.the following:

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g. (a) Except as otherwise permitted in the Board's Protective

Order entered August 16, 1984, my use of the protected information will be made at a facility on Long Island to be made available by Long Island Lighting Company or at a facility in Silver Spring, Maryland, made available by the NRC Staff.

(b) Except as otherwise permitted in the Board's Protective Order entered August 16, 1984, I will keep and safeguard all such material in a safe to be provided by Long Island Lighting Company or the NRC Staff,'after consultation with Long Island Lighting Company or the Staff, and to be located at all times at the above-designated locations. (c) Except as otherwise permitted in the Board's Protective Order entered August 16, 1984, any secretarial work performed at my request or under my supervision will be performed at the above locations either (1) by a secretary provided by the Long Island Lighting Company

          ~~ or the NRC Staff authorized in accordance with paragraph 1(b) above, or (2) by a secretary of my designation who has been authorized by the Board to perfom such ' nrk.

(d) Necessary typing and reproduction equipment will be furnished by Long Island Lighting Company and the NRC Staff when secretarial work is performed at the LILC0 or Staff offices.

5. I shall use protected information only for the purposes of <

participation in matters directly pertaining to Suffolk County's e,4/ fd . M 0; security contentions and any hearings that may be held or any further /

proceedings in this case dealing with security plan issues, and for no other purpose.

6. At the conclusion of this proceeding, I shall account to the Licensing Board or to a Commission employee designated by that Board for all papers or other materials (including notes and papers prepared by me) containing protected information in my possession. I may either destroy the papers which do not need to be saved (such as unimportant notes) and certify that action in writing, or for papers which need to be saved (such as transcripts) may deliver 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 ,(including any necessary appeals), I shall deliver those papers and materials that were not destroyed to the Licensing Board (or to a Commission employee designated by the Board), for safekeeping during the lifetime of the plant.

7. I make this agreement with the understanding that I will not corroborate the accuracy or inaccuracy of information obtained outside this proceeding by using protected information gained through participation in matters directly pertaining to Suffolk County's dd k b i t g' '

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. security contentions and any hearing that may be held or any further A proceedings in this case dealing with security plan issues. V Subscribed and sworn to before me this . 3 dn day of 9 io m P , 1984. 31.A1.k Ik..I. I i t - 4 1 ne- n-,nn-~-- -- e---n,-v vm,-- e- -,,---w,vew,, r,e- ,mw.,,-nowe w,-wew,- --, n a- - ,w~- .v,,- v- * - -- -,w. n- - - ,v-->-ng-}}