ML20198E320
| ML20198E320 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 11/07/1985 |
| From: | Mark Miller COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE |
| To: | Callihan A, Cole R, Grossman H Atomic Safety and Licensing Board Panel |
| References | |
| CON-#485-122 OL, NUDOCS 8511130290 | |
| Download: ML20198E320 (5) | |
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- ISHAM, LINCOLN & BEALE
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November 7, 1985 3 RANCH Herbert Grossman, Esq.,
Chairman Administrative Law Judge Atomic Safety and Licensing Board United States Nuclear Regulatory Commission Washington, D.C.
20555
'Dr. A. Dixon.Callihan, Administrative Law Judge 102 Oak Lane Oak Ridge, Tennessee 37830 Dr. Richard F. Cole, Administrative Law Judge Atomic Safety and Licensing Board United States Unclear Regulatory Commission Washington, D.C.
20555 Re:
In the Matter of Commonwealth Edison Company (Braidwood Sthtion, Units 1 and 2)
Docket Numbers 50-456 and 50-457 ( l -
Dear Administrative Judges:
Enclosed is a form of Protective Order agreed to by counsel for the applicant and intervenors.
A form of affidavit of nondisclosure consistent with the proposed Protective Order is also enclosed.
As indicated in a telephone conversation with
-Judge Grossman on November 6, 1985, counsel for the Nuclear Regulatory Commission staff declines to agree to the proposed' Protective Order.
Counsel for the applicant and intervenors request that you enter the proposed Protective Order.
Yours truly,
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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COMMONWEALTH EDISON COMPANY
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Docket Numbers 50-456 (Braidwood Station, Units 1
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50-457 and 2)
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Protective Order
.In accordance with the Licensing Board's October 4, 1985, Memorandum and Order (Granting Protective Order), it is hereby ordered that confidential treatment will be afforded information to be disclosed by Intervenors to Applicant and the NRC Staff;in accordance'with the following conditions:
1.
Confidential treatment will be afforded by this protective order to." confidential information," meaning the names and otherwise identifying information regarding certain prospective witnesses on Intervenors' Quality Assurance contention (unless such information was obtained from a source other than Intervenors or their counsel).
Such protection applies to the eleven present and former L.K. Comstock QC inspectors who sought such protection in Intervenors' Motion for Confidential Treatment of Eleven QC
. Inspector Names filed on August 2, 1984, and, as necessary, to other prospective witnesses to be identified by Intervenors at a later date.
2.
.Such confidential information shall not be i
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disclosed to any person except as permitted by the provisions of this order.
3.
' Persons who receive confidential information subject to this Protective Order shall use it solely for the purpose of preparing for and participating in this i:
proceeding.
4.
Confidential information shall be disclosed strictly on a "need to know" basis as required for participation by a party in the proceeding.
Each person to whom confidential information is to be disclosed shall execute the Affidavit of Nondisclosure attached hereto acknowledging his or her obligation to be bound by this Protective Order.
These Affidavits shall be filed with the Licensing Board and served on Intervenors by the party on whose behalf the disclosure is to be made.
5.
Prior to the disclosure of confidential information to any person, applicant or the NRC Staff shall notify Intervenors' counsel of its intention to make such
-disclosure and of the identity of the person to whom such disclosure is to be made.
Intervenors shall have the opportunity to object to such disclosure provided such objection is made as quickly as possible, but in no event later than 48 hours5.555556e-4 days <br />0.0133 hours <br />7.936508e-5 weeks <br />1.8264e-5 months <br /> after receipt of such notice.
6.
Any person who has reason to believe that documents including confidential information have been lost or misplaced or any person who has reason to believe that 1
- the terms and conditions of this Protective Order have been
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matterlof:
)
)
COMMONWEALTH EDISON COMPANY
)
Docket Numbers 50-456 (Braidwood Station, Units 1
)
50-457 and 2)
)
Affidavit of Nondisclosure I,
, being duly sworn,
-state that I have read and understand the attached Protective Order entered by the Atomic Safety and Licensing Board in the above-captioned proceeding.
I acknowledge receipt 13f a copy of that Protective Order, and I agree to
.1xa bound by all of the terms and conditions of the Protective Order.
I further understand that employees of Applicant and its contractors at the Braidwood Station are protected by law from any and all discrimination in the terms and conditions of.their employment because of their participation in this licensing proceeding.
Such participation includes cooperation with Intervenors or the presentations of testimony as witnesses.
The United States Department of Labor and the United States Nuclear Regulatory Commission are authorized to investigate alleged violations of this law.
42 U.S.C.
S5851.
Signed and sworn to before me this day of 7 7985.
Notary Public My commission expires
violated shall notify the Board.
Dated this day of
, 1985.
For the Atomic Safety and Licensing Board Herbert Grossman, Chairman Administrative Judge Agreed:
Ode.of the attorneys fot Commonwealth Edison Company One of the attorneys for the NRC Staff
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One\\of t Q) attorneys for Bridget Little Rorem, et al. l 1