ML20150D499
| ML20150D499 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 05/18/1988 |
| From: | Feigenbaum T PUBLIC SERVICE CO. OF NEW HAMPSHIRE |
| To: | |
| Shared Package | |
| ML20150D485 | List: |
| References | |
| OL-1, NUDOCS 8807140026 | |
| Download: ML20150D499 (15) | |
Text
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a AFFIDAVIT I, Ted C. Feigenbaum, certify that I am a Vice President of New Hampshire Yankee Division of Public Service Company of New Hampshire and that I have been delegated responsibility to oversee the filing with the United States Nuclear Regulatory Commission, of informatien required for the KRC and FEMA review of the FEHA-REP-10 Design Report Submittal and the Seabrook Plan for Massachusetts Communities (the "Plan"),
including the function of reviewing the contents thereof and determining what information therein should be withheld from public disclosure.
I further certify that, in the performance of those responsibilities, I have determined that the names, addresses or identities of the individuals and companies which have agreed to perform certain essential services in connection with the implementation of the Plan constitute confidential communications within the meaning of 10 CFR 52.790 of the Commission's regulations, the disclosure of which would be highly detrimental to the achievement of the purposes of the Plan, namely the ability to respond effectively in aid of the public health and safety in the event of an emergency.
The materials we seek to withhold are noted on specially marked pages of the following contained in Enclosure 2:
(1)
Figure 2-2 of the FEMA-REP-10 Design Report, Seabrook Station -
Siren Coverage for the Public Alert and Notification System in Massachusetts--siren locations which when combined with other j
l information would permit the identification of certain persons and organizations who agreed to supply services, resources and l
facilities to support the Plan.
In a few cases NHi is in the final stages of negotiation with the persons and organizations k
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'who have in principle agreed to supply services, resources or facilities to support the Plan.
In support of the foregoing, I believe that disclosure of such information would constitute an unwarranted invasion of personal pro-vacy for the individuals and entities involved; that such disclosure could potentially subject those persons to unnecessary contacts and interruption of their private lives by members of the public at large during the substantial periods when no activity relatie., to the Plan is ongoing and create a real poteccial for undermining efficient implementation of the Plan during routine exercises of the Plan or in the unlikely event of a real emergency'at 'the Seabrook Station; and that such information is not essential to any verification of the compliance of the Plan w!.a applicable regulatory requirements by anyone other then the Commission, TEMA or their respective and necessary consultants.
In response to paragraph (b)(4) of 10 CFR $2.790, I further sub-mi t :
(i)
That the above identified confidential information has been held in confidence by the Applicants and the indi-viduals and contractors insofar as it relates to the Plan; (ii)
That this information is of a type which is cus.omarily held in confidence by the Applicants because it relates to proprietary contractual relationships or af fects the personal privacy of individuals; (iii)
That the information has been transmitted to and received by the Commission in confidence;.
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-(iv)
That this information as it relates to the Plan is not 4 -
available in public sources; and (v)
That public disclosure of this information would cause substantial harm to the Applicants.
Substantial time, effort and money has been expended in the development of this information which included preparation of the Plan and the negotiation and where applicable exec 2 tion of the supporting contracts.
As indicated above, premature disclosure of the information could undermine the viability of the Plan and the commitment of those entities and indi-viduals to its successful implementation. This information could not, as a practical matter, be properly acquired or duplicated by others and, if the information were disclosed by the Commission, it would be extremely difficult for the Applicants to enlist other participants in the future to replace those whose participation was discouraged by such disclosures.
Ted C. Feige,g6aum a
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STATE OF NEW HAMPSHIRE a
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Rockingham, ss.
May 18, 1988 Then appeared before me the above-described Ted C. Feigenbaum and
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made oath,that he has read the foregoing affidavit and that the state-s ments set forth therein are true to the.best of his knowledge.
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Before me, 6ud b$N%w Beverly E.c8111oway, Notary Roblic My Commission Expires: March 6, 1990 l
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L-o UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION before the ATOMIC SAFETY AND LICENSING BOARD
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In the Matter of
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PUBLIC SERVICE COMPANY OF
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Docket Nos. 50-443-OL-1 NEW HAMPSHIRE, et al.
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50-444-OL-1
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On-site Emergency (Seabrook Station, Units 1 and 2)
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Planning Issues
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PROTECTIVE ORDER Counsel to the active parties in this proceeding and other authorized persons shall be permitted access to protected information upon the conditions set forth in this Order.
"Protected information" as used in this Order is the addresses, ownership information and other identifying information, and all documents containing such information, of the Applicant's VANS staging areas, routes and acoustical locations.
An "authorized person" is (1) an employee of the Nuclear Regulatory Commission entitled to access to protected information; or (2) an attorney at law appearing as counsel 4
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to one of the active parties to this proceeding.
An "authorized person" is also a person who has executed and served upon counsel for Applicants an Affidavit of Non-Disclosure and is (3) a non-lawyer representative of an active party approved by the Atomic Safety and Licensing Board, or (4) a technical expert or advisor to a lawyer or non-lawyer representative of an active party to this proceeding.
Applicants may waive the requirement that the Atomic Safety and Licensing Board approve persons authorized under category (3).
Conditions of Accecs 1.
Only counsel to the active parties to this proceeding and other authorized persons shall be permitted access to protected information on a "need to know" basis.
2.
Authorized persons shall not disclose protected information to anyone except anothar authorized person, unless that information has previously been disclosed in the public record of this proceeding.
Authorized persons will safeguard protected information in written form so that it remains at all times under the control of authorized persons only and is not disclosed to anyone else.
3.
Authorized persons will not reproduce any protected information by any means without the Atomic Safety and Licensing Board's express approval or direction.
So long as e.uthorized persons possess protected information, they shall.
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continue to take these precautions until further order of this Board.
4.
Authorized persons shall safeguard and hold in confidence any data, notes, or copies or protected information and all other papers which contain any protected information.
5.
If authorized persons prepare papers containing protected information in order to participate in further proceedings in this case, they will ensure that any secretary or other individual who must receive protected information in order to help prepare those papers has executed an affidavit in the form attached and has agreed to abide by its terms.
1 Copies ot.any such affidavit will be filed with this Board l
and served on counsel to active parties before anf protected information is revealed to any such person.
6.
Authorized persons who receive any protected information shall use it solely for the purpose of participation in proceedings in this case directly involving l
onsite emergency planning for Seabrook Station and any l
further proceedings in this case directly involving that l
l matter, and for no other purposes.
Authorized persons who l
receive any protected information shall not use it for the purpose of attempting to induce persons who have contracted l
with or who are cooperating with Applicants to breach or terminate those contracts or to cease that cooperation.
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7.
Authorized persons shall keep a record of all protected information in their possession and shall account for and deliver that information to the Atomic Safety and Licensing Board or its designee no later than the conclusion of this proceeding.
8.
All papers filed in this proceeding that contain any protected information shall be segregated and (a) served on members of this Board and counsel for active parties only; (b) served in a heavy, opaque inner envelope bearing the name of the addressee and the statement "PRIVATE.
TO BE OPENED BY ADDRESSEE ONLY."
Addressees shall take all necessary precautions to ensure that they alone will open envelopes so marked.
9.
Authorized persons will not corroborate the accuracy or inaccuracy of information obtained outside this proceeding by using protected information gained through the hearing process.
10.
Counsel or any other authorized person 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 protected information has otherwise become available to unauthorized persons shall notify this Board promptly of those suspicions and the reasons for them. -
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EADptions Sanctions for the failure of a party or its representative, counsel, advisor or expert to abide by the provisions of this protective order will be imposed.
Such sanctions may include prohibiting introduction of certain matters in evidence, findings or rulings adverse to the disobedient party, diuposing of the disobedient party's contentions, and barring the disobedient party from further participation in the proceeding.
It is so ORDERED.
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AFFIDAVIT OF NON-DISCIDSURE I,
being duly sworn, state:
1.
"Protected information" as used in this Affidavit is the addresses, ownership information and other identifying information, and all documents containing such information, of the Applicant's VANS staging areas and acoustical locations.
2.
An "authorized person" is (1) an employee of the i
Nuclear Regulatory Commission entitled to access to protected information or (2) an attorney at law appearing as counsel to l
l one of the active parties to this proceeding.
An "authorized person" is also a person who has executed and served upon counsel for Applicants an Affidavit of Non-Disclosure and is (3) a non-lawyer representative of an active party to this proceeding, approved by the Atomic Safety and Licensing Board (unless prior approval has been waived by counsel for Applicants) or (4) a technical expert or advisor to a lawyer or non-lawyer representative of an active party to this proceeding.
3.
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 7
proceeding.
I will safeguard protected information in written form so that it remains at all times under the control of an authorized person only and is not disclosed to anyone else.
4.
I will not reproduce any protected information by any means without the Atomic Safety and Licensing Board's express approval or direction.
So long as I possess protected information, I shall continue to take these precautions until further order of the Atomic Safety and Licensing Board.
5.
I shall safeguard and hold in confidence any data, notes, or copies of protected information and all other papers which contain any protected information.
6.
If I prepare papers containing protected information in order to participate in further proceedings in this case, I will ensure that any secretary or other individual who must receive protected information in order to help me prepare those papers has executed an affidavit in this form and has agreed to abide by its terms.
Copies of any such affidavit will be filed with the Atomic Safety and Licensing Board and served on counsel to active parties before any protected information is revealed to any such person.
7.
I shall use protected information solely for tne purpose of participation in proceedings in this case directly -
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h involving onsite emergency planning for Seabrook Station and any further proceedings in this case directly involving that matter, and for no other purposes and specifically shall not use by protected information to further the goal of having any person or entity withdraw its support of the Seabrook Plan for Massachusetts communities.
8.
I shall keep a record of all protected information in my possession and shall account for and deliver that information to the Atomic Safety and Licensing Board or its designee no later than the conclusion of this proceeding.
9.
I will not corroborate the accuracy or inaccuracy of information obtained outside this proceeding by using e
protected information gained through the hearing process.
.2 Subscribed and sworn to before me this day of 1988.
l Notary Public l
My Commission Expires:
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e 00CKEIED CERTIFICATE OF SERVICC UMPC I,
Kathryn A. Selleck,;one of the attorneys for e AL -8 P3 :05 Applicants herein, hereby certify that on July 5, 198 B
made service of the within document by mailing copies thereof, postage prepaid to:
g7pigg g u jg;,j; 00CKElma A Sray1Cf.
Administrative Judge Sheldon J.
Stephen E.
Merrill, Esqdik's' Wolfe,. Esquire, Chairman Attorney General c,
Atomic Safety and Licensing George Dana Bisbee, Esquire Board Panel Assistant Attorney General U.S.
Nuclear Regulatory Office of the Attorney General Commission 25 Capitol Street Washington, DC 20555 Concord, NH 03301-6397 Judge Emmeth A.
Luebke Dr. Jerry Harbour Atomic Safety and Licensing Atomic Safety and Licensing
. Board Panel Board Panel 5500 Friendship Boulevard-U.S.
Nuclear Regulatory Apartment 1923N Commission Chevy Chase, Maryland 20815 Washington, DC 20555 Robert Carrigg, Chairman Diane Curran, Esquire Board of Selectmen Andrea C.
Ferster, Esquire Town Office Harmon & Weiss Atlantic Avenue Suite 430 North Hampton, NH 03862 2001 S Street, N.W.
Washington, DC 20009
' Adjudicatory File Sherwin E. Turk, Esquire Atomic Safety and Licensing Office of the Executive Legal Board Panel Docket (2 copies)
Director U.S.
Nuclear Regulatory U.S.
Nuclear Regulatory Commission Commission Washington, DC 20555 Washington, DC 20555 Atomic Safety and Licensing Robert A.
Backus, Esquire Appeal Board Panel Backus, Meyer & Solomon U.S. Nuclear Regulatory 116 Lowell Street Commission P.O.
Box 516 Washington, DC 20555 Manchester, NH 03105 Philip Ahrens, Esquire Mr. J.
P.
Nadeau Assistant Attorney General Selectmen's Office
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Department of the Attorney 10 Central Road General Rye, NH 03870 Augusta, ME 04333 l
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i Paul McEachern, Esquire Carol S.
Sneider, Esquire Matthew T.
Brock, Esquire Assistant Attorney General Shaines &,McEachern Department of the Attorney 25 Maplewood Avenue General P.O.
Box :3 60 One Ashburton Place, 19th Fir.
Portsmouth NH 03801 Boston, MA 02108 Mrs. Sandra Gavutis Mr. Calvin A. Canney Chairman, Board of Selectmen City Manager RFD 1 - Box 1154 City Hall Kensington, NH 03827 126 Daniel Street Portsmouth, NH 03801 Senator Gordon J.
Humphrey R.
Scott Hill-Whilton, Esquire U.S.
Senate Lagoulis, Clark, Hill-Washington, DC 20510 Whilton & McGuire (Attn:
Tom Burack) 79 State Street Newburyport, MA 01950 Senator Gordon J. Humphrey Mr. Peter S. Matthews One Eagle Square, Suite 507 Mayor Concord, NH 03301 City Hall (Attn:
Herb Boynton)
Newburyport, MA 01950 Mr. Thomas F.
Powers, III Mr. William S.
Lord Town Manager Board of Selectmen Town of Exeter Town Hall - Friend Street 10 Front Street-Amesbury, MA 01913 Exeter, NH 03833 H. Joseph Flynn, Esquire Brentwood Board of Selectmen Office of General Counsel RFD Dalton Road Federal Emergency Management Brentwood, NH 03833 Agency 500 C Street, S.W.
Washington, DC 20472 Gary W.
Holmes, Esquire Richard A.
Hampe, Esquire Holmes & Ells Hampe and McNicholas 47 Winnacunnet Road 35 Pleasant Street Hampton, NH 03841 Concord, NH 03301 Mr. Ed Thomas Judith H. Misner, Esquire FEMA, Region I 79 State Street, 2nd Floor 442 John W. McCormack Post Newburyport, MA 01950 Office and Court House Post Office Square Boston, MA 02109
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Charles P. Graham, Esquire Murphy and Graham
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33-Low Street Newburyport, MA 01950 Kyt3 n 'A. Se:.leck
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