ML20199K731
| ML20199K731 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 11/19/1997 |
| From: | Silberg J AFFILIATION NOT ASSIGNED, SHAW, PITTMAN, POTTS & TROWBRIDGE |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#497-18628 97-732-02-ISFSI, 97-732-2-ISFSI, ISFSI, NUDOCS 9712010192 | |
| Download: ML20199K731 (5) | |
Text
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/8bh November 19, 2
3 UNITED STATES OF AMERICA
\\
4 NUCLEAR REGULATORY COMMISSION
/
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Before the Atomic Safety and Licensing Board g g (3 in the Matter of PRIVATE FUEL STORAGE L.L.C.
)
Docket No. 72-22 6
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(Private Fuel Storage Facility)
)
ASLBP No. 97-732-02-ISFSI APPLICANT'S RESPONSE TO STATE OF UTAH'S MOTION FOR A PROTECTIVE ORDER TO REVIEW AND FILE CONTENTIONS ON THE APPLICANT'S PHYSICAL SECURITY PLAN The State of Utah's November 14,1997 motion requests that the Atomic Safety and Licensing Board issue a protective order pursuant to 10 C.F.R. Q 2.744(e) granting access for certain named and unnamed State employees to the Applicant's Physical Security Plan.
Although required neither by NRC rules or practice, Applicant made available a copy ofits Physical Security Plan to the designated representative of the Governor of e
Utah pursuant to 10 C.F.R. Q 73.21(c). The State now wishes to provide access to the Plan to other State employees. Applicant does not object to the grant of such a protective order to the counsel named in the State's Motion. The protective order should not, however, extend to those individuals listed in the State's Motion who are not counsel.
Section 2.744(e) only authorizes disclosure to " qualified witnesses and counsel." The State has made no showing that the individuals who are not " counsel" are " qualified ll ll'll!l 'll l lllli-l.l 9712010192 971119
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witnesses." The protective order should therefore not apply to ti:em. Sec Duke Power Company (Catawba Nuclear Station, Units I and 2), LDP-82 51,16 NRC 167 (1982). I Applicant would also request that any protective order which th,i Board issues also applies to the following individuals, all of whom are attomeys or staff at Shaw Pittman Potts & Trowbridge, Applicant's counsel in this proceeding, and who are likely to be involved in responding to issues in which Safeguards Information might be at issue:
Ernest Blake Paul A.Gaukler William Hollaway Virginia Seymour Kimberly Steele (The undersigned counsel has been qualified for access to the Safeguards Infomtation pursuant to 10 CFR Q 73.21(c)(1)(i) and therefore need not be included in any protective order.)
With respect to the two questions asked in the Board's ovember 17,1997 Order, (1) Applicant understands that the NRC Staffis preparing a draft protective order, and (2) background checks are only necessary if required by the protective order. Criminal history checks for Safeguards Information appears only to be required for information from a " nuclear power reactor applicant or licensee." 10 CFR { 73.21(c)(1)(i). Since no I Applicant also believes that the protective order should apply to named individuals. To the extent that the State wisbs additional individuals (identified by the State as " secretarial or other support") to be covered by the protective order, those individuals should be specifically identified.
2
a.
.)
nuc car power reactor license is at issue in this proceeding, the criminal history check
- requirement would not apply.
Respectfully submitted, b#
A JayE(sillerg (f
_ SHAW PITTMAN POTTS & -
TROWBRIDGE 2300 N Street, N.W.'
Washington, D.C. 20037 (202) 663-8000 Counsel for Private Fuel Storage L.L.C.
- Dated: November 19,1997 - _ _ _ _ - _ - _ - _ - - _ - - - - - ----
f-November 19 2
3 N
5' UNITED STATES OF AMERICA h
NUCLEAR REGULATORY COMMISSION g
m
.N;' \\$N ht YM Before the Atomic Safety and I icemino Board go In the Matter of
)
(
j PRIVATE FUEL STORAGE L.L.C.
)
Docket No. 72-22
)
(Private Fuel Storage Facility)
)
ASLBP No. 97-732-02 ISFSI CERTIFICATE OF SERVICE I hereby certify that copies of the " Applicant's Response to State of Utah's Motion for a Protective Order to Review and File Contentions on the Applicant's Physical Security Plan" dated November 19,1997 were served on the persons listed below (unless otherwise noted) by facsimile with conforming copies by US mail, first
?
class, postage prepaid, this 19? day of November 1997.
G. Paul Bollwerk 111, Esq., Chairman Dr. Jerry R. Kline Administrative Judge
- Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 Dr. Peter S. Lam
- Adjudicatory File Administrative Judge Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Washington, D.C. 20555-0001 4
> tg'...
Catherine L. Marco, Esq.
- Charles J. Haughney Sherwin E. Turk, Esq.
Acting Director, S ent Fuel Project Office t
Office of the General Counsel -
- Office of Nuclear Material Safety and Mail Stop O-15 B18 Safeguards U.S. Nuclear Regulatory Commission U.S. Nuclear. Regulatory Commission Washington, D.C. 20555 Washington, D.C. 20555 Denise Chancellor, Esq.
Jean Belille, Esq.
Assistant Attorney General Ohngo Gaudadeh Devia Utah Attorney General's Office Land and Water Fund of the Rockies 160 East 300 South,5* Floor 2260 Baseline Road, Suite 200 P.O. Box 140873 Boulder, Colorado 80302 Sait Lake City, Utah-84114-0873 John Paul Kennedy, Sr., Esq.
Danny Quintana, Esq.
Confederated Tribes of the Goshute Skull Valley Band of Goshute Indians Reservation and David Pete Danny Quintana & Associates, P.C.
1385 Yale Avenue
- 50 West Broadway, Fourth Floor Salt Lake City, Utah 84105 Salt Lake City, Utah 84101 Clayton J. Parr, Esq.
Office of the Secretary Castle Rock, et al.
Attention: Rulemakings and Adjudications Kimball, Parr, Waddoups, Brown & Gee Staff 185 S. State Street, Suite 1300 U.S. Nuclear Regulatory Commission P.O. Box 11019 Washington, D.C. 20555-0001 Salt Lake City, Utah 84147-0019 (Original and two copies)
- By U.S. mail only 09 Jay $. Silberg
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