ML20151G850

Protective Order.* Counsel to Active Parties in Proceeding & Other Authorized Persons Shall Be Permitted Access to Protected Info Upon Conditions Stated.Served on 880728

ML20151G850
Person / Time
Site:	Seabrook
Issue date:	07/27/1988
From:	Woldfe S, Wolfe S Atomic Safety and Licensing Board Panel
To:	Atomic Safety and Licensing Board Panel, NRC OFFICE OF THE GENERAL COUNSEL (OGC), ROPES & GRAY
References
CON-#388-6808 88-558-01-OLR, 88-558-1-OLR, OL-1, NUDOCS 8807290263
Download: ML20151G850 (8)

Text

,6 *or 00V EiED UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION

'88 JUL 28 A9 :25 ATOMIC SAFETY AND LICENSING BOARD OF Before Administrative Judges: GOC 'I . .

Sheldon J. Wolfe, Chairman  ! ; ..! t j

' Emeth A. Luebke i Jerry Harbour l

{dTE6 JUL 2 81E

) Docket Nos. 50-443-OL-1 l In the Matter of ) 50-444-OL-1 _l

} I PUBLIC SERVICE COMPANY ) (On-Site Emergency Planning 1 0F NEW HAMPSHIRE, e_t,4_l,. ) and Safety Issues) )

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) (ASLBP No. 88-558-01-0LR) f (SeabrookStation, Units 1and2) )

) July _27, 1988 l l

, l PROTECTIVE ORDER  :

Counsel to the active parties in this proceeding ano other j l

authorized persons shall be permitted access to protected infomation upon the conditions set forth in this Order.

On July 5, 1988, pursuant to 10 C.F.R. 62.740(c), Applicants filed a Motion For Protective Order which requested that a protective order be entered governing the conditions under which the Attorney General for the Comonwealth of Massachusetts may receive and use certain confidential and proprietary information concerning Applicants' Vehicle Alert and Notification siren warning system for Massachusetts. The motion was supported by an attached affidavit of Mr. Ted C. Feigenbaum, Vice President of New Hampshire Yankee Division of Public Service Company of New Hampshire.

In a response of July 18, 1988, Mass. advised that it had agreed with the Applicants to the terms and conditions of the Affidavit of Non-Disclosure filed with the Applicants' Motion For Protective Order. (In a telephone conference call on July 26, 1988, we were advised that the Affidavit of Non-Disclosure had been signed by Mass. on July 19.) Mass. stated that it had so agreed because of (Footnote Continued) 8807290263 880727 PDR ADOCK 05000443 o Pon

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"Protected information" as used in this Order is the addresses, j ownership information and other identifying information, and all documents containing such information, of the Applicants' VANS st;ging areas, routes and acoustical locations.

An "authorized person" is (1) an employee of the Nuclear Regulatory l

Comission entitled to access to protected infonnation; or (2) an 1 attorney at law appearing as counsel 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 t.nder category (3).

(FootnoteContinued) the discovery cut-off date of August I and because it desired to facilitate more expeditious access to critical information. Other than stating that it did not agree with an earlier decision by the Off-Site Board which, pertaining to similar matters, extended the time of a previously approved protective order (27 NRC 293 (1988)),

and other than conclusionally objecting to certain of Applicants assertions, Mass. does not specifically address in detail the Applicants' instant motion and attached affidavit.

Upon our review of the instant motion and the attached affidavit, and absent specific, well-founded objections, we conclude that good cause has been shown and thus grant the Motion For Protective Order.

Conditions of Access

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 another 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. A.tnorized 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 authorized persons possess protected information, they shall' continue to take these precautions until further order of this Board.

4. Authorized persons shall safeguard and hold in confidence any j 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.

Copies of any such affidavit will be filed with this Board and served on

counsel to active parties before any protected information is revealed to any such person.

6. Authorized persons who receive any protected information shall use it solely for the purpose of participatiol in proceedings in this case directly involving onsite emergency planning for Seabrook Station i and any further proceedings in this case directly involving that matter, and for no other purposes. Authorized persons who receive any protected information shall not use it for the purpose of attempting to induce- I persons who have contracted with or who are cooperating with Applicants I 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.

3. 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

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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.

Sanctions 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, disposing of the disobedient party's contentions, and barring the disobedient party from further participation in the proceeding.

It is so ORDERED. ,

FOR THE ATOMIC SAFETY AND LICENSING BOARD i

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Sheldon J. Wo f ~, Chatisan ADMINISTRATIV UDGE Dated at Bethesda, Maryland this 27th day of July,1988. l

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AFFIDAVIT OF NON-DISCLOSURE I, , being duly sworn, state:

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Protected information" as used in this Affidavit is the addresses, ownership information and other identifying information, and all documents containing such information, of the Applicaats' VANS staging areas and acoustical locations.

2. 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 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 to this proceeding, approved by the Atomic Safety and Licensino Board  ;

(unless prior approval has t*;:n waived by counsel for Applicants) or (4) l 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 proceeding. I will safeguard protected l inform 3 tion in written form so that it remains at all times under the I 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

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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 infonnation.

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 infonnation 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 the purpose of participation in proceedings in this case directly 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, j 8. I shall keep a record of all protected information in my possession and shall account for and deliver that infennation to the Atomic Safety and Licensing Board or its designee no later than the conclusion of this proceeding.

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9.. I will not corroborate the accuracy or inaccuracy of information obtained outside this proceeding by using protected

, information gained through the hearing process.

Subscribed and sworn to before me this day of

, . 1988.

Notary Public My Commission Expires:

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