ML20151G749
| ML20151G749 | |
| Person / Time | |
|---|---|
| Site: | Seabrook  |
| Issue date: | 07/25/1988 |
| From: | Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#388-6821 OL-1, NUDOCS 8807290203 | |
| Download: ML20151G749 (5) | |
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l Julf%9iE88 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
'88 JI. 28 A9 :43 BEFORE1HEA10WCSAFETYANDLICENSINGBOARD00Chk N
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In the Matter of
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Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF 50-444 OL-01 NEW HAMPSHIRE, et al.
On-site Emergency Planning and Safety Issues (Seabrook Station, Units 1 and 2)
)
NRC STAFF RESPONSE TO APPLICANTS' MOTION FOR.OROTECTIVE ORDER On July 5, 1988, Applicants filed a motion for a protective order, in which they request the Licensing Board to issue an order lim -ing disclosure of certain information alleged to confidential and proprietary relating to Applicants' Vehicular Alert and Notification System (VANS) to counsel for the NPC Staff, the Massachusetts Attorney General, and other "authorized persons." See. Motion at 1-3.
In particular. Applicants seek to protect: (1)thelocationsoftheirVANSstagingareas;(2)theVANS acoustic locations; and (3) all similar information, and documents i
containing such information, that would enable someone to identify the persons and entities who are cooperating and/or contracting with Applicants in connection with the VANS staging areas and acoustic locations. Motion at 2.
Applicants have attached to their motion a proposed protective order.
The Commission's regulations empower licensing boards to issue orders "which justice requires to protect a party from annoyance, embarrassment, oppression,orundueburdenorexpense[]"
10 C.F.R. 5 2.740(c).
The Staff notes that the information Applicants seek to protect is similar in ho}
8807290203 880725 PDR ADO':K 05000443 C
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all material respects to that found by the offsite emergency planning Licensing Board to be confidential and proprietary in nature. See Public Service Cortpany of New Hamsphire (Seabrook Station, Units 1 and 2),
LBP-88-8, 27 NRC 293 (1988). Although the Attorney General disagrees with the holding in LBP-88-8, he has agreed to abide by the terms and conditions set forth in the "Affidavit of Non-Disclosure" attached to Applicants' proposed protective order.
See Response of Massachusetts Attorney General To Applicants' Motion For Protective Order at 1 (July 18, 1988).
The proposed protective order strikes an appropriate balance between Applicants' legitimate interest in protecting prvprietary and confidential information and the Attorney General's interest in obtaining infomation relevant to the contention pending before the Board.
Consequently, the Staff has no cbjection to the entry of the protective in the form proposed by Applicants and urges the Board to grant Applicants' motion.
P bectfully submitte,
I 1
v regory Berry Counselgor RC Staff U Dated at Rockville, Maryle d this 25th day of July 1988
DCf.KriiD we i
UNITED ST ATES OF AMERIC A
'88 J1. 28 A9 :43 NUCLEAR REGULATORY COMMISSION OFF !Qj -
., l BEFORE THE ATOMIC S AFETY AND LICENSING BO Ab $d-In the Matter of Docket Nos. 50-443 OL-01 PUBLIC SERVICE COMPANY OF 50-444 OL-01 NEW H AMPSHIRE, et al.
On-site Emergency Planning
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and Safety Issues (Seabrock Station, Units 1 and 2)
CEPTIFIC ATE OF SERVICE I hereby certify that copies of "N R C ST A FF R ESP O NSE T O A PPLIC A N TS' M O TIO N FOR PROTECTIVE OR DER" in the above-captioned proceeding have been served on the followin g by deposit in the U nited States m ail, first class, or as indicated by an asterisk, by deposit in the Nuclear Regulatory Commission's internal mail system or, as indicated this 25th day of July 1988.
Sheldon J. Wolfe, Esq., Chairman
- Atomic Safety and Licensing Ad111nistrative Judge Board
- Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. huclear Regulatory Commission Washington, D C 20555 Washington, D C 20555 Dr. Jerry Harbour
- Docketing and Service Section*
l Administrative Judge Office of the Secretary Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission i
U.S. Nuclear Regulatory Commission Washington, D C 20555 Washington, D C 20555 Dr. Emmeth A. Luebke Thomas G. Dignan, Jr., Esq.
Administrative Judge Robert K. Gad, III, Esq.
4515 Willard Avenue Ropes & Gray Chevy Chase, Maryland 20815 225 Franklin Street Roston, M A 02110 Atomic Safety and Licensing H. J. Fly n n, E s q.
Appeal Panel
- Assistant General Counsel U.S. Nuclear Regulatory Commission Federal Emergency Management Agency Washington DC 20555 500 C Street. SW Washington, D C 20472
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. P hilip A h ren, E s q.
Calvin A. Canney Assistant Attorney General City Hall Office of the Attorney General 126 Daniel Street State House Station Portsmouth, N H 03801
' Augusta, ME 0433' Mr. Angie Machiros, Chairman Carol S. Sneider, Esq.
Board of Selectmen Assistant Attorney General 25 High Road Office of the Attorney General Newbury, M A 09150 One Ashburton Place,19th Floor Boston, M A 02108 George Dana Bisbee, Esq.
Allen Lampert Assistant Attorney General Civil Defense Director Office of the Attorney General Town of Brentwood 25 Capite' Street 20 Franklin Concord, Nil 03301 Exeter, N H 03833 Elly n R. Weiss, E sq.
William Armstrong Diane C urran, Esq.
Civil Defense Director Harmon & Weiss Town oF Exeter 2001 S Street, NW 10 Front Street Suite 430 Exeter, N H 03833 Washington, D C 20009 Robert A. Backus, Esq.
Gary W. Holmes, Esq.
Backus, Meyer & Solomon Holmes & Ellis 116 Lowell Street 47 Winnacunnet Road Manchester, N H 03106 Hampton, N H 03842 Paul McEachern, Esq.
J. P. Nadeau Matthew T. Brock, Esq.
Board of Selectmen Shaines & McEachern 10 Central Street 25 Maplewood Avenue Rye, NH 03870 P.O. Box 360 Portsmouth, N H 03801 Judith H. litzner, Esq.
C harles P. Graham, Esq.
Sf1verglate, Gertner, Baker, 1
McKay, Murphy & Graham Fine & Good i
100 Main Street 88 Board Stre
- Amesbury, M A 01913 Boston, M A 02110 j
1 Sandra Gavutis, Chairman Robert Carrigg, Chairman Board of Selectmen Board of Selectmen R F D #1, B ox 1154 Town Office Kensington, N H 03827 Atlantic Avenue North Hampton, NH 03870 William S. Lord Peter J. Matthews, Fayor Board of Selectmen City Hall Town Hall - Friend Street Newburyport, M N 09150 Amesbury, M A 01913
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t Mrs. Anne E. Goodman, Chairman Michael Santosuosso, Chairman Board of Selectmen Board of Selectmen 13-15 Newmarket Road South Hampton, NH 03827 Durham, NH 03824 Hon. Gordon J. Humphrey A s hod N. A miria n, E sti.
United States Senate Town Counsel for Merrimac 531 Hart Senate Office Building 376 Main Stre9t Washington, D C 20510 Haverhill, M A 08130 G regofy
' a'n rty Cou nsel rN Staff 1
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