ML20098A977

Forwards Proposed Draft Protective Order Re Applicant Physical Protection Sys & Draft Affidavit of Nondisclosure. Related Correspondence

ML20098A977
Person / Time
Site:	North Anna
Issue date:	09/20/1984
From:	Maupin M HUNTON & WILLIAMS, VIRGINIA POWER (VIRGINIA ELECTRIC & POWER CO.)
To:	Wolfe S Atomic Safety and Licensing Board Panel
References
OLA-1, NUDOCS 8409250342
Download: ML20098A977 (14)

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Sheldon J. Wolfe, Chairman Atomic Safety and Licensing Board

, U.S. Nuclear Regulatory Commission n Washington, DC'20555 Virginia Electric and Power Company (North Anna Power Station, Units- 1 and 2)

Docket No'. 50~-338/339~-- OLA-1

Dear Judge Wolfe:

' Enclose'd are drafts of (a) a proposed Protective Order dealing with the Applicant's physical protection system for spent- fuel shipments and (b) an Affidavit of Nondisclosure.

These drafts have been agreed upon by the Applicant, CCLC and the Staff.

It may be helpful to elaborate on one matter. Upon your-entry of a protective order and the execution and filing of an-Affidavit of Nondisclosure by Mr. Dougherty, Mr. Dougherty may review the physical-protection system at Vepco's facility in Richmond or'at an NRC office in Bethesda. Mr. Dougherty will decide on the basis of that review whether he wishes to review the system further with expert help. If he does, he will select E an' expert that_ he believes qualified on the issues in which he is interested. Upon identifying that expert, Mr. Dougherty will share his qualifications with counsel for the Applicant and the L Staff. If we~can agree that the expert is qualified, we will do so and -advise the Board. If we cannot, Mr. Dougherty will present the qualifications of the expert he has selected to the Board.

At that point, of course, the Applicant and the Staff would want 8409250342 840920 L , -gDR-ADOCK05000

HUNTON & WILLI AMS l 2-an opportunity to challenge Eh'e qualifications of the proffered witness.

Yours very truly, k&W l &

Michael W. Maupin 42/341 Enclosures cc: Secretary, U.S. Nuclear Regulatory Commission ATTENTION: Chief, Docketing and Service Section Dr. Jerry Kline Dr. George A. Ferguson

. Henry J. McGurren, Esq.

James B. Dougherty, Esq.

Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Board

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DOUETED U yrir,C Draft UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION .

ATOMIC SAFETY AND. LICENSING B ',

Sheldon J. Wolfe, Chairman Jerry Kline George A. Ferguson In the Matter of ) Docket Nos. 50-338/

) 339-OLA-1 VIRGINIA ELECTRIC AND POWER COMPANY )

)

(North Anna Power Station, ) September __, 1984 Units 1 and 2 )

PROTECTIVE ORDER

1. As used in this Protective Order:

(a) " Protected information" is (1) any form of the physical protection system, including the physical protection system document, for Vepco's. shipments of spent nuclear fuel; and (3) any information obtained by virtue.of' these proceedings which is not otherwise a matter of public record and which deals with or describes features of Vepco's physical protection system.

(b) " Authorized person" is (a) a person designated by this Board from lists furnished by the parties who has executed an Affidavit of Non-Disclosure and filed it with the Board, including counsel for Concerned Citizens of Louisa County (CCLC) and any CCLC expert who has qualified in accordance with the requirements of Pacific Gas and

. - ._ _ _ _ . _ . . _ _ - _ . . - - - _ _ _ _ _ , - - . ~ . . .

1. .

t Electric Co. (Diablo Canyon Nuclear Power Plant, Units 1 and 2), ALAB-410, 5 NRC 1398 (1977), (b) an employee of the i

Nuclear Regulatory Commission entitled to access to protected  !

information ~ (c) a person employed by Vepco and authorized by it in accordance with Commission regulations to have access to protected information and (d) counsel for Vepco.

Nothing in this definition shall be deemed to deny or affect access by an officer, employee, or contractor of a party to information maintained in the normal course of T

business by that party, or to deny or affect access to protected information.by members of this Board, the cogni-zant Atomic Safety and Licensing Appeal Board, the Commis-I _

sion, their respective st'affs, and appropriate law enforce-

' ment agencies .

(c) A " lead attorney or representative" is an

. individual designated'by a party and approved by this Board to accept service _ of protected information, insure that it

- is distributed only to those persons authorized to receive it on _ behalf of that party, and to assume overall respon-sibility for the control and protection of sensitive

. - information in the hands . of that party.

1 The provisions of this Protective Order do not restrict Nuclear Regulatory Commission employees; they are subject to internal requirements (see NRC Manual Appendix (Footnote Continued)

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(d) A " designated facility" is One James P.iver Plaza, Richmond, Virginia and Maryland National Bank Building, Bethesda Maryland.

(e) A " designated office" is one office approved by each party for the preparation of written pleadings and

' testimony containing protected information and for the storage 'of protected information in the hands of that party.

2. . Authorized persons shall not disclose protected information-to anyone except another authorized person, unless that information has previously been disclosed in the public record of this proceeding. Authorized persons shall safeguard protected information in written form

'(including any portions of transcripts of in camera hear-ings, 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 disclosed to anyone else.

3. Authorized persons shall not photocnpy any protected information by any means without the Board's express approval or direction except to the extent neces-sary to make required service on another party. So long as (Footnote Continued) 2101, part XVII) concerning treatment of protected safeguards information.

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an authorized person-possesses protected information, he or she shall continue to take these precautions until further order of the Board.

4. Authorized persons shall similarly safeguard and hold in confidence any data, notes, or copies of protected information and all other papers which contain any protect-ed information by means of the following:

(a) reviewing and using the document constitut-ing the Vepco physical protection system (which shall not be photocopied or otherwise reproduced) only at a des-ignated facility, but such persons may make notes with respect to the document and remove such notes to a desig-nated office;

. (b) preparing written pleadings and testimony containing protected information only at a designated facility or a designated office; (c) keeping and safeguarding all such materials in a safe or locked filing cabinet to be located at all times in a designated facility or a designated office; and (d) performing necessary typing or reproduction services or other secretarial work connected with the preparation of papers containing protected information at a designated facility or a designated office.

5. Authorized persons shall use protected informa-tion only for the purpose of preparation for this

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. proceeding'or any further proceedings in this case dealing with security plan issues, and for no other purpose.

6. Lead attorneys or representatives shall keep a record of all protected information in'the possession of

.their respective parties, including any copies of that information made by or for them. At the conclusion of this proceeding, they shall account to the Board or to a Commis-sion employee designated by the Board for all the papers or other materials containing protected information in their possession. When they have finished using the protected information, but.in no event later than the conclusion of this proceeding, they shall deliver those papers and -

materials to the Board (or to a Commission employee des-ignated by the Board), together with all. notes and data which contain protected information for safekeeping during the lifetime of the plant.

7. Authorized persons shall not corroborate to any unauthorized person the accuracy or inaccuracy of informa-tion obtained outside this proceeding by using protected information' gained through the hearing process.

8. In order to keep the service list as limited as possible and thus to reduce the possibility of materials becoming lost or misplaced,. copies of documents will be formally served on each Board member and only on the l

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a following,-who shall be' considered " lead counsel" for

. service purposes;-

CCNC:' James B. Dougherty, Esq.

3045 Porter St., NW Washington, D.C. 20008  !

Vepco: Michael W. Maupin,-Esq.

Hunton & Williams n' P. O. Box 1535 Richmond, Virginia 23212 E

NRC Staff: ' Henry J. McGurren U. S.. Nuclear Regulatory Commission LWashington, D. C. 20555 In addition, copies of documents shall be served upon Mrs.

Inez Bailey, Chief, Records Services Branch, Division of ,

. Technical Information and Document Control, Nuclear Regu-

latory Commission, Washington, D. C. 20555. .

Service shall lue accomplished by the means described in paragraph 13 of this Order.

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9. There shall be a limit of:two transcripts per party for any. proceeding conducted on the record in which safeguards information is disclosed or discussed. Parties shall-not photocopy these transcripts without the express

,I prior;approvalLof the Board..

10. At the conclusion of this proceeding (including

. any necessary appeals) , . the - person designated to maintain the: official NRC' file of documents shall ensure that extra copies of~ documents to be kept during the lifetime of the plant are' destroyed.

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N,y 11.i.[Authorizedpersonsmayreviewatadesignated facility Vepco's physical protection system document. In addition, (a) any. notes..which authorized persons have made from their:1reviAw of the' system, and (b) copies of pleadings a- / ;7 a ,

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.and te'stirony containing protected information, may be e ,. .

maintained by authorized persons at the following designated d6 offices

Staff: Office of the Executive Legal Director Maryl'and National Bank Building-Bethesda, Maryland F 'Vepco: 707 East Main Street Richmond,-Virginia 23219 CC'LC:' 3045 Porter St., N.W.

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Qg - 12. CCNC and its above-named. authorized representa-

,,  ;,g-tive, in keeping protected information at the above-desig-

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m s.. nated office, shall take such protective measures and

' p/roce'dures.necessary to satisfy fully the specific require-

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ments of 10.CFR S-73.21.- Such protective measures and

.jprocedures are as folloys:

V e 25 a. The building in.which the safeguards infor-

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'o mation (i . e . ', e notes and pleadings) will be maintained will r

T $;- qualify >as a controlled access building in that it is TQ F 4g r ,1 '

either attended around the clock or locked at night; G .b. The protected information, when unattended, will be storediinra locked security storage container, such

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..as a steel filing cabinet or map cabinet equipped with a i

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(D' ' -g-t locked bar and-GSA-approved combination padlock. Access to

.the security storage container will be positively con-

. trolled by use of keys or other comparable means; and

c. While in use, the protected information will be under the sole control of an authorized person.

13. With respect to transportation of the protected information'in question, procedures will be utilized which ensure compliance with regulatory requirements.

Specif-ically, documents containing protected information, when i

transmitted outside an authorized place of use or storage, will be enclosed in two sealed envelopes or wrappers, with

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the inner envelope or wrapper containing the name and

> address of the intended recipient and marked on both sides,

' top and bottom, with the words " PROTECTED INFORMATION."

The outer envelope or wrapper will contain the intended

_ recipient's name and address, with no indication'that the document inside contains protected information. Protected I information will be transported by registered or certified mail or by.other courier methods or hand delivery which

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. ensure that'a receipt-is obtained to verify delivery or by l

j. an individual authorized access pursuant to 10 CFR S 73.21(c) .

li Any authorized individual transporting the safeguards l: . ,

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-information in question will be instructed to retain the

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documents in his personal possession at all times.

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14. Anyone who has reason to suspect that documents containing protected information may have been lost or misplaced (for example, because an expected paper has not been received) or that protectei information has otherwise become available to unauthorized persons shall notify this Board promptly of those suspicions and the reasons for them..

It is so ORDERED.

FOR THE ATOMIC SAFETY AND LICENSING BOARD Sheldon J. Wolfe, Chairman Administrative Judge Dated at Bethesda, Maryland this_ day of Septercber, 1984.

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Draft i UNITED STATES OF AMERICA 84 SEP 24 A10:22 NUCLEAP REGULATORY COMMISSION C=,~ C E : = *. v. .t: ',

ATOMIC SAFETY AND LICENSING BOARD- G005Eg'gE4 Before Administrative Judges Sheldon J. Wolfe, Chairman Jerry Kline George A. Ferguson In the Matter of )

)

VIRGINIA ELECTRIC AND POWER COMPANY ) Docket Nos. 50-338/

) 339-OLA-1

)

(North Anna Power Station, )

Units 1-and 2) )

' AFFIDAVIT OF NON-DISCLOSURE

.I, , being duly sworn,

' state:

1. As used in this Affidavit of Non-Disclcsure, (a) " protected information: is (1) any form of the physical protection system, including the physical protection system

document, for Vepco's spent fuel shipments; and (2) any information obtained by virtue of these proceedings which is not otherwise a matter of public record and which deals with cr describes details of the protection system; (b) an

" authorized person" is (1) an employee of the Nuclear Regulatory Commission entitled to access to protected information; (2) a person who, at the invitation of the Atomic Safety and Licensing Board (" Licensing Board"), has 1

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executed a copy of this Affidavit and filed it with the Board; (3) a person employed by Vepco, the Applicant, and authorized by it in accordance with Commission regulations to have access to protected information, and (4) counsel for'Vepco.

2. 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 transcripts of in 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

, 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.

3. I will not reproduce any protected information by any means without the Licensing Board's express approval or direction. It is understood, however, that pleadings which

! -are necessary to be prepared in this proceeding can be l

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.

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

(a) Except as otherwise permitted in paragraph 4 of the Board's Protective Order entered September __,

1984, my use of the protected information will be made at a designated facility.

(b) Except as otherwise permitted in the Board's Protective Order entered September __, 1984, I will keep and safeguard all protected information in a locked file

-cabinet to be located at all times at the designated facility.

(c) Except as otherwise permitted in the Board's Protective Order entered September __, 1984, any secretari-al work performed at my request or under my supervision will be performed at a designated facility either (1) by a secretary provided by Vepco, or (2) by a secretary of my designation who has been authorized by the Board to perform l such work.

(d) Necessary typing and reproduction equipment will be furnished Vepco when secretarial work is performed at Vepco.

5. I shall use protected information only for the purposes of participation in matters directly pertaining to Concerned Citizens of Louisa County Revised Contention 4 and any hearings that may be held or any further t

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f-proceedings in this case dealing with physical protection system 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 (includ-

.ing 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 CCIC's Revised Contention 4 L

and any hearing that may be held or any further proceedings

(- in this case dealing with security plan issues.

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Subscribed and sworn to before me this day of , 1984.

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