ML20137U441

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Protective Order Granting Confidential Treatment to Info Disclosed by Intervenors to Applicant & Nrc.Conditions for Treatment Provided.Served on 851206
ML20137U441
Person / Time
Site: Braidwood  Constellation icon.png
Issue date: 12/06/1985
From: Grossman H
Atomic Safety and Licensing Board Panel
To:
NEINER, B. (BOB NEINER FARMS, INC.), ROREM, B.
References
CON-#485-410 OL, NUDOCS 8512090305
Download: ML20137U441 (6)


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UNITED STATES OF AMERICA

-z NUCLEAR REGULATORY COMMISSION

'85 08 -6 P3:56 ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges:

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Herbert Grossman, Chairman

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Richard F. Cole SER..

DEC

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A. Dixon Callihan-

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In the Matter of:

)

Docket Nos. 50-456

)

50-457

)

COMMONWEALTH EDIS0N COMPANY-

)

(Braidwood Station,

)

Unit Nos. 1 and 2)

)

December 6, 1985

)

PROTECTIVE ORDER In accordance with the-Licensing Board's October 4,

1985, Memorandum and Order.(Granting Protective Order),

it is -hereby ordered that confidential treatment will be afforded information-to be disclosed by Intervenors to Applicant and the NRC Staff in accordance with the following conditions:

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1.

Confide'ntial treatment will be afforded by this protec-tive order to " confidential information," meaning the D 5**

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i l L tt-names and _otherwise identifying information regarding

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certain prospective witnesses on Intervenors' Quality Assurance contention (unless such information was 1

'obtained from a source other than Intervenors or their counsel).

Such protection applies to the eleven

.present and former L. K.

Comstock-QC inspectors who sought such protection in Intervenors' Motion for-Confidential Treatment - of Eleven QC Inspector Names filed on August 2,

1984. and, as necessary, to their prospective witnesses to be identified by intervenors at a'later date.

2.

Such confidential information shall not be disclosed to a'ny person except as permitted by tne provisions of this order.

4 3.

Persons who receive confidential information subject to this Protective Order shall use it solely for the pur-pose of preparing for and participating in this pro-ceeding.

4.

Confidentia1 information shall be disclosed strictly on a "need:to know" basis as required for participation by a -party. in the proceeding.

Each person (except as exempted by this paragraph) to whom confidential 4

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, information is to be disclosed shall execute the

-Affidavit of Nondisclosure attached hereto acknowledging his or her obligation to be bound by this Protective Order.

These Affidavits shall be filed with the Licensing Board and served on Intervenors by the party on whose behalf the disclosure is to be made.

Members of the'NRC Staff who. are (1) assigned to the Office of Executive Legal Director (ELD), or (2) are non-ELD officials acting as reviewers when receiving the information and having no contact with Applicant's employees,. need not file affidavits.

They

shall, nevertheless, be. bound by the other-terms of this Protective Or' der and are otherwise prohibited from making unauthorized disclosures of protected informa-tion under 10 C.F.R. Part 0, Subpart C and NRC Manual Appendix 2101.

5.

Prior to..the disclosure of confidential information to any person-(other than disclosure by NRC personnel to other NRC personnel necessary to the review or regula-tory function), Applicant or the NRC Staff shall notify Intervenors' counsel of -its intention to make such disclosure and of the identity of the person to whom such disclosure is to be made.

Intervenors shall have the - opportunity to object to such disclosure provided E

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such objection i s.made as quickly as possible, but in

- no event later than 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> after receipt of such notice.

6..

'Any person (even if not required to sign the affidavit) who has reason to believe that documents including con-fidential information have been-lost or misplaced or any' person who has reason to believe that the terms and conditions of this Protective Order have been violated shall notify the Board.

FOR THE-ATOMIC-SAFETY AND LICENSING BOARD i

Herbert Grossman, Chairman ADMINISTRATIVE JUDGE Dated this 6th day of. December, 1985.

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d' UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION j

LATOMIC SAFETY AND LICENSING BOARD Before Administrative Judies:

Herbert Grossman, Chairman Richard F. Cole A. Dixon Callihan

)

'In the Matter of

)

Docket Nos. 50-466

)

50-457

)

COMMONWEALTH EDISON COMPANY (Braidwood Station, Unit Nos. ILand 2)

)

)

AFFIDAVIT 0F NONDISCLOSURE I,

, being duly sworn, state - that I have -read and understand the attached Protec-tive Order entered by the Atomic Safety and Licensing Board irrthe;above-captioned proceeding.

I acknowledge receipt of a copy of that Protective Order, and I agree to be bound by all of the terms and conditions of the Protective Order.

I further understand that employees of Applicant and its contractors at the Braidwood Station are protected by

e t law from any and alltdiscrimination in the terms and condi-tions of their employment because of their participation in

'this licensing proceeding.

Such participation includes cooperation with Intervenors or the presentations of testi-mony as witnesses.

The United States Department of Labor and -the United States Nuclear Regulatory Commission are authorized to investigate alleged violations of this law.

4 2 't. S. C. 6 5 8 51.

10 C.F.R. 9 50.7.

Signed and sworn to before me this

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day of.

19 Notary FuS11c My commission expires

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