ML20199K529

Advises That Sinclair Should Be Instructed to Continue to Refrain from Disclosing Security Plan & Related Comments Until NRC Staff Gives Reply as to Whether Security Plan May Be Divulged

ML20199K529
Person / Time
Site:	07200022
Issue date:	11/13/1997
From:	Sherwin Turk NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	Chancellor D UTAH, STATE OF
Shared Package
ML20199K501	List: ML20199K498 ML20199K509 ML20199K529 ML20199K566
References
ISFSI, NUDOCS 9712010147
Download: ML20199K529 (3)

Text

- _ _ _ _ - _ _ _ _ .

November 13,1997 Denise Chancellor, Esq.

Assistaat Attomey General Utah Attomey General's Office 160 East 300 South,5th Floor P.O. Box 140873

. Salt Lake City, UT 84114 in the Matter of Private Fus Storage, L.L.C.

(Independent Spent Fuel Storage Installation)

Docket No. 7222-ISFSI Deer Ms. Chancellor:

I am in receipt of your letter of November 8,1997, cmceming your interest in obtaining access to the proposed security plan for this facility. As we _uiscussed previously, you indicate that

- Mr. William Sinclair of the Utah Division of Radiation Control currently has a copy of the security plan, and that you would like to review that plan and work with Mr. Sinclair in framing contentions based on the plan. ,

I have discussed this matter with NRC personnelin the Division of Fuel Cycle Safety and Safeguards, and wish to suggest the following attemative courses of action to you.

1. Persons who (a) have "a need to know" the safeguards information contained in the security plaa, and (b) are specifically designated by the Govemor to serve as his designated representativ3(s), would be permitted to gain access to the security plan, in accordance with 10 C.F.R. S 73.21(c). Such persons are restricted, however, from cisclosing the plan to others, and are required to follow the procedures for protection of safeguards information described in 10 C.F.R. $$ 73.21(d)-(h), including such measures as controlled access, restricted r.1arkings,

' locked storage, limited photocopying, and document destruction. Regulatory guidance for compliance with 10 C.F.R. S 73.21 is contained in NUREG-0794,* Protection of Unclassified Safeguards Information," a copy of which is enclosed herewith.

. 2. Any other access to the security plan and the safeguards information contained therein should be obtained by application to the Licensing Board for an appropriate protective order, pursuant to 10 C.F.R. 52.744(e). Such protective orders have been entered in other NRC proceedinga, to assure the protection of safeguards and other information.

I am no't aware of any case law or regulatory interpretation as to whether an Assistant Attomcy General's expressed desire to work with State officials in framing contentions (as distinct from 9712010147 971114 PDR ADOCK 07200022 C PDR

h 4

working with State experts after security contentions have been admitted) in an adjudicatory proceeding constitutes a *need to know" within the meaning of 10 C.F,R. $73.21. In the circumstances, I believe the most prudent course of action to follow, in the' abs 6nce of any clear guidance, would be to apply to the Licensing Board for an appropriate protective order.

I trust that this letter responds to your concems.

- Sincerely, Shenvin E. Turk Counsel for NRC Staff cc w/ encl.: Jay E. Silberg, Esq.

P

_.m

I am not aware of any case law or regulatory interpretation as to whether an Assistant Attomey General's expressed desire to work with State officials in framing contentions (as distinct from -

- working with State experts after security contentions have been admitted) in an adjudicatory -

- proces!M: ling constitutes a *need to know" within the meaning of 10 C.F.R. $73.21, In the- _

circumstances, I believe the most prudent course of action to follow, in the absence of any clear .-

guidance, would be to apply to the Licensing Board for an~ appropriate protective order.

E l trust that this letter responds to your concems.

Sincerely, Sherwin E. Turk Counsel for NRC Staff cc w/ encl.i Jay E. Silberg, Esq.  !

Distribution: e STurk JMoore LChandler R/F :

= To receive a copy of this document. Indcote in the box: _* C" = Copy without enclosures *E' = Copy with enclosures *N*

= No copy .

OFFICE OGC l OGC l l l NAME S. Turk: set - J. Moore DATE. 11/: /97 - 11/ /97 11//97 11//97 11/ i97-OFFICIAL RECORD COPY P

_. _ _ _ _ _ _ _ . _ _ _ _ _ _ . _ . _ . _ _ _ _ _ . _ - _ _ _ _ - _ _ _ . . - _ _ _