ML20197D529

NRC Staff Comments in Response to Memorandum & Order (Protective Order & Schedule for Filing Security Plan Contentions).* W/Certificate of Svc

ML20197D529
Person / Time
Site:	07200022
Issue date:	12/22/1997
From:	Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Atomic Safety and Licensing Board Panel
References
CON-#497-18689 ISFSI, NUDOCS 9712290079
Download: ML20197D529 (5)

Text

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DOCKETED g% USNRC NCT3 P2:01 UNITED STATES OF AMERICA OFFICE OF SECRETARY NUCLEAR REGULATORY COMMISSION - RULE %WNCO AND ADJUDCATION5 STAFF

- BEFORE THE ATOMIC SAFETY AND LICENSING BOARD in the Matter of )

)

PRIVATE FUEL STORAGE L.L.C. ) Docket No. 72-22-ISFSI

)

(Independent Spent )

Fuel Storage Installation) )

NRC STAFF'S COMMENTS IN RESPONSE TO MEMORANDUM AND ORDER (PROTECTIVE ORDER AND SCHEDULE FOR FIIJNG SECURITY PLAN CONTENTIONS)

On Dmher 17,1997, the Licensing Board issued a memorandum and order in which it (a) set forth the terms of a protective order and nondisclosure affidavit for use in connection with the disclosure of safeguards information contained in or coricerning the Applicant's physical iecurity plan in this proceeding, and (b) established a schedule for the filing of security plan contentions. The Licensing Board directed, inter alia, that the State of Utah Applicant and/or NRC Staff (" Staff") should advise the Licensing Board of any objections they may have to the

\

modifications adopted by the Board to the proposed form of order and affidavit which they had submitted previously, in a pleading to be filed on or befor- December 22,1997 (Order at 2, n.2). In accordance with the Licensing Board's Order, the Staff herewith notes one s '

• Memorandum and Order (Protective Order and Schedule for Filing Security Plan

- Contentions)," December 17,1997 (" Order").

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t objection to the modifications adopted by the Licensing Board, and two requests for further modification of the protective order.

1. In paragraph I.H.1.b(Order at 8), the Licensing Board modified the provisior.s for service by personal delivery, so as to only authorize " personal delivery by an individual who otherwise is authorized access pursuant to 10 C.F.R. I 73.21(c)." While 10 C.F.R. I 73.21(c) affords access to protected information to persons with a "xed to know," to whom disclosure is ordered pursuant to i 2.744(e), the Staff suggests that this provision be modified to clearly permit personal delivery by any person authorized to have access to protected information by order of the Licensing Board or Commission regardless of whether they have a "need to Imow" such information -- i.e., the Staff requests that this provision be modified to read as follows:

. . . or by personal delivery by an individual who otherwise is authorized access pursuant to 10 C.F.R. i 73.21(c) or an Order issued by the Licensine Board or Commission in this proceedinc "

2. Denia Chancellor, Esq., has been designated by the Governor of the State of Utah as an additional person authorized to have access to safeguards information on his behalf pertaining to this facility; on December 12,1997, the Governor's designation was acknowledged by the NRC Staff. Accordingly, the protective order (at page 5, note 3) should be modified to read as follows: "In addition, we note that certain persons employed by . . . the State (including William J. Sinclair and Denise Chancellor. Esa.) are already authorized . . . ."

3. Counsel for the Applicant has informed the undersigned that the Applicant seeks authorization for its attorneys and staff (who are otherwise afforded access to protected information by the protective order), to work with protected information at the office of the

/ Applicant's contractor in Denver, CO. Accordingly, Counsel for the Applicant requests that paragraph 5(a)(iii)(page 3 of the affidavit) be modified to read as follows: *(2) my use of the protected information will be made only at . . . or (iii) an office to be provided by the Applicant nr its contractor. Stone & Webster Fncineerine Coro.. in Washington, D.C. and/or Denver. CO,"

4. The undersigned has discussed these proposed modifications with Counsel for the Applicant and Counsel for the State, and is authorized to state that they do not object to these proposed modifications.

Respectfully submitted, bbb Sherwin E. Turk Counsel for NRC Staff Dated at Rockville, Maryland this 22nd day of De: ember 1997 1

I

o UNITED STATES OF AMERICA fSRC NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING BOARF _ KC 23 P2 :01 -

In the Matter of ) OFFE OF SECT ARY RULEWCX1S AND

)

PRIVATE FUEL STORAGE, L.L.C. ) Docket No. 72 bYd5'I7JiCNS STAFF

, )

(Independent Spent )

Fuel Storage Installation) )

CERTIFICATE OF SERVICE I hereby certify that copies of "NRC STAFF'S COMMENTS IN RESPONSE TO MEMORANDUM AND ORDER (PROTECTIVE ORDER AND SCHEDULE FOR FILING SECURITY PLAN CONTENTIONS" in the above captioned proceeding have been served on the following through deposit in the Nuclear Regulatory Commission's internal mail system (with E-mail copies as indicated); or by deposit in the United States mail, first class, as indicated by an asterisk (with E-mail copies) this 22nd day of December,1997:

Office of the Secretary G. Paul Bollwerk, III, Esq., Chaimtan ATTN: Rulemakings and Adjudications Administrative Judge Staff Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 (E-mail copy to GPB@Ni.C. GOV)

Dr. Peter S. Lam

, Administrative Judge Dr. Jerry R. Kline Atomic Safety and Licensing Board Administrative Judge U.S. Nuclear Regulatory Commission Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Washington, DC 20555 '

(E-mail copy to PSL@NRC. GOV) Washington, DC 20555 (E-mail copy to JRK2@NRC. GOV)

James M. Cutchin, V Atomic Safety and Licensing Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission Panel Washington, DC 20555 U.S. Nuclear Regulatory Commission (by E-mail to JMC3@NRC. GOV) Washington, DC 20555 i

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2-

'o Office of the Commission Appellate Danny Quintana, Esq.* ,

Adjudication Danny Quin *ana & Associates, P.C.

Mail Stop: 16-G-15 OWFN 50 West Broadway U.S. Nuclear Regulatory Commission Fourth Phor Washington, DC 20555 Salt lake City, UT 84101 Jay E. Silberg, Esq.* Denise Chancellor, Esq.*

SHAW, PITTMAN, POTTS & Fred G. Nelson, Esq.

TROWBRIDGE 160 East 300 South,5th Floor 2300 N Street, N.W P.O. Box 140873 Washington, DC 20037-8007 Salt Lake City, Utah 84114 4 73 Jean Belille, Esq.* Connie Nakahara, Esq.*

Land and Water Fund of the Rockies Utah Dept. of Environmental Quality 2260 Baseline Road, Suite 200 168 North 1950 West Boulder, CO 80302 P.O. Box 144810 Salt Lake City, UT 84114-4810 Clayton J. Parr, Esq.*

KIMBALL, PARR, WADDOUPS, Diane Curran, Esq.*

BROWN & GEE Harmon, Curran & Spielberg 185 S. State St., Suite 1300 2001 "S" Street, N.W.

P.O. Box 11019 Suite 430 Salt Lake City, UT 84147-0019- Washington, D.C. 20009 John Paul Kennedy, Sr., Esq.*

1385 Yale Ave.

Salt Lake City, Utah 84105

/b hl'%

Sherwin E. Turk f

Counsel for NRC Staff i - -

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