ML20198D517
| ML20198D517 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 12/29/1997 |
| From: | Chancellor D UTAH, STATE OF |
| To: | Bollwerk G, Kline J, Lam P Atomic Safety and Licensing Board Panel |
| References | |
| CON-#198-18710 ISFSI, NUDOCS 9801080226 | |
| Download: ML20198D517 (28) | |
Text
8 TATE OF UTAH
/gpp ofilCL of THE AT1oRhiY GLNtRAL
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'98 JAN -2 Pl2:18 J A N O R A ll A M ATTORNEY OENER At. O$[,3" ff.
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December 29,1997 G. Paul Bollwerk,111, Chairman Dr. Peter S. Lam Administrative Judge Administrative Judge Atomic Safety and Licensing Board Atomic Safety and Licensing Bonn!
U. S. Nuclear Regulatory Commission U. S. Nuclear Regulatory Commission Washington, D. C. 20$55 Washington, D. C. 20555 Dr. Jerry R. Kline Administrative Judge Atomic Cafety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20$55 Re:
In the Matter of Private Fuel Storage (Independent Spent Fuel Storage Installation)
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Docket No. 72 22 g
Security Plan Nondisclosure Amdavit
Dear Judges Bollwerk,
Kline, and Lam:
The enclosed Nondisclosure Amdavits for Fred G Nelson, Jean V. Braxton and Karma L.
Pathakis were executed in accordance with your December 17.1997, Memorandum and Order and of the Nondisclosure Affidavit). These December 23,1997 Memo and Order (revising 15(a)(iii)/
amdavits were also filed today by electronic mail.
?
Sin rely, pr$
e Chancellor Assistant Attomey General Enclosures
-cc:
Emile L.Julian, Assis'. ant for Rulemak' rigs and Adjudications, Rulemakings and Adjudications StalT, Omce of the Secretary, NRC, Washington, DC, w/o enclosures Sherwin Turk, Esq., Omce of the General Counsel, Mail Stop 015B 18, NRC, Washington, DC, w/o enclosures
- Jay E. Silberg. Esq., Shaw, Pittman, Potts & Trowbridge, Washington, D. C w/o enclosures 9g1090226971229aoocao7aoooga
$ ) $(IM lill E
b S O3 160 East 800 South, sth Floor, P.o. Boa 140873, Bett Lake City. utah 84114 0873 Telephone:(801) 366 0280 Facsimtie: (801) 366 0282 m
_)
NONDISCLOSURE AFFIDAVIT h ed I'
hI ' I'- n '
being t
1, duly sworn, state:
1.
An used in this nondisclosure affidavit, (a)
" Protected infortnation" is (i) any form of the security plan, including the safeguards contingency plan, and any amendments thereto (Security Plan),
or portions thereof, for the Private Fuel Storage Facility proposed by Private Fuel Storage L.L.C.
(Applicant), or (ii) any information obtained by virtue of these proceedings which is net otherwise a inatter of public record and which deals with or describes details of the Security Plan.
(b)
An " authorized person" is (i) an employee, consultant or contractor of the U.S. Nuclear Regulatory Commission (NRC or Commission) entitled to access to protected information: (ii) a person who, at the invitation of the Atomic Safety and Licensing Board (Licensing Board), has executed a copy of this affidavit; or (iii) a person employed by or on oehalf of the Applicant and authorized by it in accordance with NRC regulations to have access to protected
.information.
(c)
A " document" means any audio or video tape
.o
t
- i t
1 2-i recording or written matter of any kind, whether-j produced, reproduced, or stored on paper, cards, tapes, t
ribbons, disks, bolts, charts, film, computer files, computer disks or diskettes, computer storage devices l
or any other medium,.and includes, without limitation,
[
1 books, reports, studies, statements, speeches, notebooks, calendars, working papers, manuals, I
l memoranda, notes, instructions, directions, records, i
correspondence, diaries, diagrams, drawings, lists, telephone logs, minutes, and photographs, and also includes, without limitation, originals, copies (with i
i or without notes or changes thereon), and drafts.
2.
I have read the December 17, 1997 Licensing Board memorandum and order issued in this proceeding and will j
comply in all respects with its terms and conditions regarding the protected information produced in connection therewith.
I will safeguard protected information in n
accordance with the terms of this affidavit.
I will not disclose protected information to 3.
anyone except an authorized person, unless that information has previously been disclosed-in the public record of this proceeding.
I will safeguard documents containing protected information in written or-recorded form-(including any I
portions of transcripts of in camera hearings, filed testimony or.any other_ documents that contain such a
i
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- i information), so that the protected information contained j
therein. remains at all times under the cont;ol of an i
authorized percon and is not disclosed to anyone else.
q 4.
I will not reproduce or copy any protected f
information by-any means without the express approval or j
direction of the Licensing Board or the Commission, except to the extent necessary to make required service on the Licensing Board, the Office of the Secretary, or other-party authorized under the protective order to receive such service.
I understand that I may take notes concerning such l
protected information, subject, however, to the terms of this affidavit and the Licensing Board's December 17, 1997 memarandum and order.
So long as I possess protected
-information, I will continue to take these precautions until further order of'the Licensing Board or the commission.
5.
I will safeguard and hold in confidence any data, notes, or copies of protected information and all other papers that contain any protected information by means of the following:
(a) my use of the protected information will be made only at a facility provided for use by designated
(
4 counsel, experts,. or staf f in (1) a designated office of-the-Utah Department of Environmental Quality in Salt Lake City,-Utah; (ii) an office of the NRC Staff in Rockville, Maryland; or (iii) an office to be provided i
'h
- -. -.. ~..-
a 4
~
by the Applicant-or its contractor, Stone & Webster Engineering Corp., in Washington, D.C.,
and/or Denver, f
Any such facility is to be. located in a controlled access building that is either attended i
around the clock or locked at night.
j (b)
When not under my direct control or the i
direct control of another individual authorized to have i
access thereto, I will keep and safeguard all documents containing protected information (including, without limitation, any notes that I may take) in a safe or other locked security storage container to be obtained i
by the provider of the facility referred to in paragraph 5 (a) above and to be located at all times at the above denignated location.
Access to the safe or other security storage container will be ponitively controlled by use of keys or other comparable means.
Keys and/or knowledge of lock combinations protecting onfeguards information shall be limited to authorized persons.
-r (c)
Any secretarial or administrative work performed at my request or under my supervision will be performed only at the above location by personnel who have executed a nondisclosure affidavit pursuant to the Licensing Board's December 17, 1997 memorandum and order.
i
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-(d)
If requested, necessary typing and reproduction equipment will be furnished by the provider of a facility _ referred to in paragraph 5(a) above (it being understood that a nominal photocopying or equipment usage charge may be assessed).
In addition, if requested, the facility provider will_make available a telephone, and a facsimile machine for the receipt of nonprotected information only, it being understood that protected information shall not be discussed by telephone or communicated by facsimile transmission.
(e)
If protected information is processed on or with automated data processing, computerized word processing equipment, or a personal or laptop computer, access to such equipment shall require the use of an entry code for access to stored protected information.
If use of an entry code is not feasible, protected information may be processed on, but shall not be stored in, such equipment.
Additionally, any such word processing equipment, data processing equipment, or computer that is_used to process or store protected-information shall be operated as stand-alone or
- free-standing equipment, not connected to any other such equipment by means of a Local Area Network (LAN) or Wide Area Network (WAN) or other data-sharing
r
}
} i system.
Further,- if any protected information is backed up or stored on a computer hard drive or other device, that drive or device shall be capable of being l
1 removed and shall be stored in the safe or locked l
security storage container referred to in l
paragraph 5(b) above, when not in use.
(f)
All mailings by me or on my behalf involving I
protected information shall'be made from a facility referred to in paragraph 5(a) above.
{
(g)
Each document that contains Safeguards Information, as defined in 10 C.F.R.
S 73.2, shall be marked " Safeguards Information" in a conspicuous manner to indicate the presence of protected information, as set forth in 10 C.F.R. S 73.21(e).
6.
If I prepare documents containing protected information to participate in further proceedings in this case, I will assure that any secretary or other individual l
who must receive protected information to help me prepare those documents has been approved by the Licensing Board and has executed an affidavit like this one and has agreed to abide by-its terms.
Copies of any such affidavit will be filed with:the' Licensing Board before I reveal any protected information to any such person.
7.
I"shall use protected information only for the purpose of preparation for any proceedings in this case i
1
._.~a.,
__ dealing with Security Plan issues, and for no other purpose.
8.
I shall keep a record of all docume.its containing protected information in my possession, including any copies of those documents or portions thereof made by me or on my behalf. 'At the conclusion of this proceeding, I shall account to the Licensing Board or the Commission, or to a
[
Commission employee designated by the Board or the commission, for all the documents or other materials i
containing protected information in my possession and deliver them as provided herein.
When I have finished using j
the protected information they contain, but in no event later than the conclusion of this proceeding (including any related Commission or judicial appeals), I shall deliver those documents and materials for disposal or safekeeping, as'may be determined to be appropriate by the Licensing Board or the. Commission, to the Licensing Board or the Commission, to a Commission employee designated by the Board or the Commission, or to a person authorized to receive protected information on behalf of the Applicant.
9.
I make this agreement with the following understandings:
(a) I do not waive any objections that any other person may have to executing an affidavit such as this
.one; ti
^
(b) I do not waive any objections that I may have a
.s.
or raise at a subsequent time in this proceeding, concerning an expert's qualifications to testify concerning Security Plan issues; and
-(c) 1 will not publicly discuss or disclose any protected information that I receive by virtue of this proceeding, and will-not corroborate the accuracy or inaccuracy of'information obtained outside this
. proceeding by using protected information, or my knowledge thereof, gained through the hearing process.
10.
I acknowledge that any violation of the terms of this affidavit or the Licensing Board's December 17, 1997 memorandum and order, which incorporates the terms of this affidavit, may result in the imposition of sanctions as the Licensing Board or the commission may deem to be appropriate, including, but not limited to, referral of the violation to appropriate bar associations and other disciplinary authorities.
I further acknowledge that any unauthorized disclosure of protected information or breach of the protective order issued in this proceeding may be grounds for the imposition of civil and/or criminal penalties,.as set forth in 10 C.F.R. S 2.744 (e) and
- sections 223'and 234-of the Atomic Energy Act of 1954, as amended, 42'U.S.C. SS 2273,_2282.
WHEREFORE, I do solemnly-agree.to safeguard such
1 i
9-protected information as may be disclosed to me in this proceeding, in accordance with the terms of this affidavit.
bpfMVa v/
(Name)
Subscribed to and s,yorn before me this Jf'^
day of.Naum be-,
1991_
/
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,/ /
'/
/oru Wlfita
/
Notary Public My commission expires:
fI/
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NOTARY PUBLIC-Karmo L. Pathakis iso res 300 sovin sin nr.
I l soittene cty.uten est 4 w comm....on tipire, g
r May 18,2001 RTATF. OF IITA H i
e d
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.___.._..__.____.__.m.
f I
-I i
NONDISCLOSURE AFFIDAVIT t.;
i dean bra Y fo n
., being I,
I duly sworn, stater r
1 1.
As used in this nondisclosure affidavit, (a)
" Protected information" is" (1) any form of
=the security plan, including the safeguards contingency l
plan, and any amendments thereto (Security Plan),
l or
-portions thereof, for the Private Fuel Storage Facility proposed by Private Fuel Storage L.L.C.
(Applicant), or (ii) any information obtained by virtue of these proceedings which is not otherwise a matter of public record and which deals with or describes details of the 2
4 Security Plan.
i (b)
An " authorized person" is (i) an employee, consultant or contractor of the U.S. Nuclear R+gulatory Commission (NRC or Commission) entitled to access to protected information; (ii) a person who, at the l
invitation of the Atomic Safety and Licensing Board (Licensing Board), has executed'a copy of this affidavit; or (iii) a person employed by or on behalf t
of the Applicant and authorized by it in accordance 4
with NRC regulations toihave acceas to protected
' information.
(c)
A " document" means any audio or video tape e
i i
2-i recording or written matter of any kind, whether produced, reproduced, or stored on paper, cards, tapes, ribbons, disks, belts, charts, film, computer files, computer disks or diskettes, computer storage devices or any other medium, and includes, without limitation, books, reports, studies, statements, speeches, notebooks, calendars, working papers, manuals, memoranda, notes, instructions, directions, records, correspondence, diaries, diagrams, drawings, lists, telephone logs, minutes, and photographs, and also includes, without limitation, originals, copies (with or without notes or changes thereon), and drafts.
2.
I have read the December 27, 1997 Licensing Board memorandum and order issued in this proceeding and will comply in all respects with its terms and conditions regarding the protected information produced in connection therewith.
I will safeguard protected information in accordance with the terms of this affidavit.
3.
I will 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 documents containing protected information in written or recorded form (including any portions of transcripts of in camera hearings, filed testimony or any other, documents that cor.tain such
.-. - =
3 information), so that the protected information contained cherein remains at all times under the control of an e
authorized person and is not disclosed to anyone else.
4.
I will not reproduce or copy any protected information by any means without the express approval or direction of the Licensing Board or the Commission, except to the extent necessary to make required service on the Licensing Board, the office of the Secretary, or other party 1
authorized ander the protective order to receive such service.
I understand that I may take notes concerning such protected information, subject, however, to the terms of.
this affidavit and the Licensing Board's December 17, 1997 memorandum and order.
So long as I possess protected in.9srmation, I will continue to take these pitecautions until further order of the Licensing Board or the commission.
5.
I will safeguard and hold in confidence any data, notes, or copies of protected information and all other papers that contain any protected information by means of the following (a) my use of the protected informntion will be made only at a facility provided for use by designated counsel, experts, or staf f in (1) a designsted office of the Utah Department of Environmental Quality in Salt
-Lake City, Utah; (ii) an office of the NRC Staff in Rockville, Maryland; or (iii) an office to be provided
4 by the Applicant or its contractor, Stone & Webster Engineering Corp., in Washington, D.C.,
and/or Denver, Colorado.
Any such facility is to be located in a controlled access building that is either attended around the clock or locked at night.
(b)
When not under my direct control or the direct contrcl of another individual authorized to have access thereto, I will keep and safeguard all documents containing protected information (including, without limitation, any notes that I may take) in a safe or other locked security storage container to be obtained by the provider of the facility referred to in paragraph 5(a) above and to be located at all times at the above designated location.
Access to the safe or other security storage container will be positively controlled by use of keys or other comparable means.
Keys and/or knowledge of lock combinations protecting safeguards information shall be limited to authorized persons.
(c)
Any secretarial or administrative work performed at my request or under my supervision will be performed only at the above location by personnel who have executed a nondisclosure affidavit pursuant to the Licensing Board's December 17, 1997 memorandum and order.
5-t l
(d)
If requested, necessary typing and
{
reproduction equipment will be furnished by the provider of a f acility referred to in paragraph 5(a) above (it being understood that a nominal photocopying or equipment usage charge may be assessed).
In i
addition, if requested, the facility provider will make available a telephone, and a facsimile machino for the receipt of nonprotected information only, it being l
I understood that protected information shall not be discussed by telephone or communicated by facsimile transmission.
(e)
If protected information is processed on or with automated data processing, computerized word processing equipment, or a personal or laptop computer, access to such equipment shall require the use of an entry code for access to stored protected information.
If use of an entry c ode is not feasib1' protected information may be processed on, but sL.,11 not be stored in, such equipment.
Additionally, any such word processing equipment, data processing equipment, or computer that is used to process or store protected information shall be operated as stand-alone or free-standing equipment, not connected to any other such equipment by means of a Local Area Network (LAN) or Wide Area Network (WAN) or other data-sharing
[
- system.
Further, if any protected information is backed up or stored on a computer hard drive or other device, that drive or device shall be capable of being removed and shall be stored in the safe or locked security storage container referred to in paragraph 5(b) above, when not in use.
(f)
All mailings by me or on my behalf involving protected information shall be made from a facility referred to in paragraph 5(a) above.
(g)
Each document that contains safeguards Information, as defined in 10 C.F.R.
S 73.2, shall be marked " Safeguards Information" in a conspicuous manner to indicate the presence of protected information, as set forth in 10 C.F.R.
S 73.21(e).
6.
If I prepare documents containing protected information to participate in further proceedings in this case, I will assure that any secretary or other individual who must receive protected information to help me prepare those documents has been approved by the Licensing Board and has executed an affidavit like this one-and has agreed to abide by its terms.
Copies of any such affidavit will be filed with the Licensing Board before I. reveal any protected information to any such person.
7.
I shall use protected information only for the purpose of preparation for any proceedings in this case
A 7-dealing with Security Plan issues, and for no other purpose.
8.
I shall keep a record of all documents containing protected information in my possession, including any copies of thoso documents or portions thereof made by me or on my I
behalf.
At the conclusion of this proceeding, I shall account to the Licencing Board or the Commission, or to a commissien employee designated by the Board or the Commission, for all the docutnents or other materials containing pretected information in my possession and i
deliver them as provided herein.
When I have finished using the protected information they contain, but in no event later than the conclusion of this proceeding (including any related commission or judicial appeals), I shall deliver those documents and materials for disposal or safekeeping, as may be determined to be appropriate by the Licensing Board or the Commission, to the Licensing Board or the Commission, to a Commission employee designated by the Board or the commission, or to a person authorized to receive protected information on behalf of the Applicant.
9.
I make this agreement with the following anderstandings:
(a) I do not waive any objections that any other person may have to executing an affidavit such as this one; (b) I do not waive any objections that I may have yg-,e
-y
+-
-e-
---41--%,
wr-w-.--
y.y
8-or raise at a subsequent time in this proceeding, concerning an expert's qualifications to testify concerning Security Plan issues; and (c, I wi31 not publicly discuss or disclose any protected information that I recalve by virtue of this proceeding, and will not corroborate the accuracy or inaccuracy of information obtained outside this proceeding by using protected information, or my knowledge thereof. gained through the hearing process.
10.
I acknowledge that any violation of the terms of this affidavit or the Licensing Board's December 17, 1997 memorandum and order, which incorporates the terms of this affidavit, may result in the imposition of sanctions as the Licensing Board or the Commission may deem to be appropriate, including, but not limited to, referral of the violation to appropriate bar associations and other disciplinary authorities.
I further acknowledge that any unauthorized disclosure of protected information or breach of the protective order issued in this proceeding may be grounds for the impocition of civil and/or criminal o
penalties, as set forth in 10 C.F.R.
S 2.744 (e) and sections 223 and 234 of the Atomic Energy Act of 1954, as amended, 42 U.S.C.
55.2273, 2282.
W'IEREFORE, I do solemnly agree to safeguard such
9 protected information as may be disclosed to me in this proceeding, in accordance with the terms of this affidavit.
/
fbb i
2#
/
(Name) '
Subscribed to and swprn before me this 29" day of
/32rn>&, 1992 ry fna k?
Ni /I i
Notary Public My commission expires IN/
//
NO I AlW l'tillu c -~
Karma L. Pcthakla g' #
160 East 300 South $tm rir.
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88'l L8kO C#fy Utah 64l14 Mv Commtss<on tap.res May 16. 2001
..,4 STATI: Or (17 All
NONDISCLOSURE AFFIDAVIT 1,
f/)1A TMA K?3
-, being duly sworn, state:
1.
As used in this nondisclosure affidavit, (a)
" Protected information" is (i) any form of the security plan, including the safeguards contingency plan, and any amendments thereto (Security Plan), or portions thereof, for the Private Fuel Storage Facility proposed by Private Fuel Storage L.L.C.
(Applicant), or (ii) any information obtained by virtue of these proceedings which is not otherwise a matter of public record and which deals with or describes details of the Security Plan.
(b)
An " authorized person" is (1) an employee, consultant or contractor of the
'..S. Nuclear Regulatory Commission (NRC or Commission) entitled to access to protected informations (ii) a person who, at the invitation of the Atomic Safety and Licensing Board (Licensing Board), has executed a copy of this affidavit; or (iii) a person employed by or on behalf of the App 1;. cant and authorized by it in accordance with NRC regulations to have access to protected information.
(c)
A " document" means any audio or video tape
i 2-recoxSing or written matter of any kind, whether produced, reproduced, or stored on paper, cards, tapes, ribbons, disks, belts, charts, film, computer files, computer disks or diskettes, computer storage devices i
or any other medium, and includes, without limitation, l
books, reports, studies, statements, speeches, notebooks, calendars, working papers, manuals, memoranda, notes, instructions, directions, records, correspondence, diaries,diagramk, drawings,
- lists, telephone logs, minutes, and photographs, ar, i also includes, without limitation, originals, copies (with or without notes or changes thereon), and drafts.
4 2.
I have read the December 17, 1997 Licensing Board memorandum and order issued in this proceeding and will comply in all respects with its terms and conditions regarding the protected information produced in connection therewith.
I will safeguard protected information in accordance with the terms of this affidavit.
3.
I will 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 documents containing protected information in written or recorded form (including any
- portions of transcripts of in camera hearings, filed testimony or any other documents that contain such
i 3
I information), so that the protected information contained therein remains at all times under the control of an authorized person and is not disclosed to anyone else.
4.
I will not reproduce or copy any protected information by any means without the express approval or direction of the Licensing Board or the commission, except to the extent necessary to make required service on the Licensing Board, the office of the Secretary, or other party authorized under the protective order to receive such se rvice.
I understand that I may take notes concerning such protected information, subject, however, to the terms of this affidavit and the Licensing Board's December 17, 1997 memorandum and order.
So long as I possess protected information, I will continue to take these precautions until further order of the Licensing Board or the Commission.
5.
I will safeguard and hold in confidence any data, notes, or copies of protected information and all other papers that contain any protected information by means of the following:
(a) my use of the protected information will be made only at a facility provided for use by designated counsel, experts, or staf f in (i) a designated office of the Utah Department of Environmental Quality in Salt Lake City, Utah; (ii) an office of the NRC Staff in Rockville, Maryland; or (iii) an office to be provided
. -. - - ~.. -..-. -._ - -
I
-c j
.- 4 by the Applicant or its contractor, Stone & Webster j
Engineerin'g Corp., in Washington, D.C., and/or. Denver, f
Any such facility is to be located in a l
controlled access building that is either attended around the clock or locked at night.
,(b)
When not under my direct control or the j
direct control of another individual authorized to have access thereto, I will keep and safeguard all documents containing protected info?mation (including, without i
5
-limitation, any notes that I may take) in a safe or other locked security storage container to be obtained by the provider of the facility referred to in paragraph 5 (a) above and-to be located at all times at the above designated location.
Access to the safe or other security storage container will be positively l
controlled by use of keys or other comparable means.
Keys and/or knowledge of lock combinations protecting l
safeguards information shall be limited to authorized persons.
(c)
Any secretarial or administrative work performed at my request or under my supervision will be i
-performed only at the above location by personnel who have' executed a-nondisclosure affidavit pursuant to the
_ Licensing Board's December 17, 1997 memorandum and order.
t
?
p
-n v r -
,o-n w-
l I
l e
c l (d)
If requested, necessary typing and l
reproduction equipment will be furnished by the
' provider of a f acility referred to in paragraph 5(as f
a above (it being understood that a nominal photocopyir,g l
or equipment usage charge may be assessed).
In adoition, if-requested, the facility provider will make available a telephone, and a facsimile machine for the receipt of nonprotected information only, it being understood that protected information shall not be discussed by telephone or communicated by facsimile transmission.
(e)
If protected information is processed on or i
with automated data processing, computerized word i
processing equipment, or a personal or laptop computer, access to such equipment shall require the use of an entry code for access to stored protected information.
If use of an entry code is not feasible, protected information may be processed on, but shall not be I
stored in, such equipment.
Additionally, any such word processing equipment, data processing equipment, or computer that'is used to process or store protected information shall be operated as stand-alone or
' free-standing equipment, not connected to any other-such equipment by means of a Local Area Network (LAN) l or Wide Area Network (WAN) or other data-sharing 4
.,.m..
....-._.#m._._-.m_....;,_.,_.
._,,,_,..__..a.,...~.
-C-system.
Further, if any protected information is i
backed up or stored on a computer hard drive or other device, that drive or device shall be capable of being removed and shall be stored in the safe or locked security storage container referred to in paragraph 5 (b) above. when not in use.
(f)
All mailings by se or on my behalf involving protected information shall be made from a facility referred to in paragraph 5(a) above.
(g)
Each document that contains safeguards Information, as defined in 10 C.F.R.
S 73.2, shall be marked " Safeguards Information" in a conspicuous manner to indicate the presence of protected information, as set forth in 10 C.F.R. $ 73.21(e).
6.
If 1 prepare documents containing protected information to participate in further proceedings in this case, I will assure that any secretary or other individual who must receive protected information to help me prepare those documents has been approved by the Licensing Board and has executed an affidavit like this one and has agreed to abide by its terms.
Copies of any such affidavit will be filed with the Licensing Board before I reveal any protected information to any such person.
7.
I shall use protected information only for the purpose of preparation for any proceedings in this_ case c,-
~
_.m
t i dealing with Security Plan issues, and for no other purpose.
8.
I shall keep a record of all documents containing protected information in my possession, including any copies of those oocuments or portions thereof made by me or on my behalf.
At the conclusion of this proceeding, I shall account to the Licensing Board or the Commission, or to a commission employee designated by the Board or the Commiesion, for all the documents or other materials containing protected information in my possession and deliver them as provided herein.
When I.kr.ve finished using the protected information they contain, but in no event later than the conclusion of this proceeding (including any related Commission or judicial appeals), I shall deliver those documents and materials for disposal or safekeeping, as may be determined to be appropriate by the Licensing Board or the Commission, to the Licensing Board or the Commission, to a Commission empioyee designated by the Board or the commission, or to a person authorized to receive protected information on behalf of the Applicant.
9.
I make this agrenment with the following understandinger (a) I do not waive any objections that any other person may have to executing an affidavit such as this one (b) I do not waive any objections that I may have or raise at c subsequent time in this proceeding, concerning an-expert's qualifications to testify concerning Security Plan issues; and-(c) I will not publicly discuss or-disclose any protected informatic.;
,..at I receive by virtue of this proceeding, and will not corroborate the accuracy or inaccuracy of information obtained outside this proceeding by using protected information, or my
~
knowledge thereof, gained through the hearing process.
10.
-I acknowledge that any violation of the terms of this affidavit or the Licenaing Board's Cecember 17, 1997.
memorandum and order, which incorporates the terms of this affidavit, may result in the imposition of sanctions as the Licensing Board or the commission may deem to be appropriate, including, but not limited to, referral of the violation to appropriate bar associations and other
' disciplinary authorities.
I further acknculedge that any unauthorized disclosure of protected information or breach of the protective order issued in this proceeding may be grounds for the imposition of civil and/or criminal penalties, as set forth in 10 C.F.R. 5 2.744 (e) and sections 223 and 234 of the Atomic Energy Act of 1954, as amended, 42 U.S.C.
55 2273, 2282.
WHEREFORE, I do solemnly agree to safeguard such O.
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-protected information~as may.-be-disclosedLto me-in this
= proceeding,- in,accordanca_with the' terms of this_ affidavit.
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=My commission. expires:
holt.RY l'UllLIC BARBARA KINDIG J
~ 160 East 300 South. 6th Fif.
I l Satt Lake City. Utah 64tti
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My Commission Empires
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