ML20202F919

Forwards Gm Orlov Affidavit of Nondisclosure Re Terms & Conditions of 851206 Protective Order.Related Correspondence

ML20202F919
Person / Time
Site:	Braidwood
Issue date:	07/10/1986
From:	Steptoe P COMMONWEALTH EDISON CO., ISHAM, LINCOLN & BEALE
To:	Callihan A, Cole R, Grossman H Atomic Safety and Licensing Board Panel
References
CON-#386-953 OL, NUDOCS 8607150264
Download: ML20202F919 (1)

Text

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ISHAM, LINCOLN & BEALE DOCKETED COUNSELORS AT LAW USNRC THRE E. FIRST NATIONAL PL AZA CHICAGO. ILUNOIS 6mo2 h *.] h EDWARD S ISHAM 1872 '902 WASHINGTON OFFICE TELEX. 2 5288 ROBERT T UNCOLN 1872 1889 t WILLIAM G BEALE. 1885 1923 0FFICE Of n- .c c .120 CONNECTICUT Suirt s.o AVENUE.N W July 10, 1986 00CKEitMS Si "'M WASi NGTON. o C 20o36 202 sn97ao Bf:ME4 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 j 102 Oak Lane Oak Ridge, TN 37830 Dr. Richard F. Cole Administrative Law Judge Atomic Safety and Licensing Board United States Nuclear Regulatory Commission Washington, D.C. 20555 Re: In the Matter of Commonwealth Edison Company (Braidwood Station, Units 1 and 2)

Docket Numbers 50-456 and 50-457 om

Dear Administrative Judges:

In accordance with the terms of the Licensing Board's Protective Order dated December 6, 1985, enclosed is the Affidavit of Nondisclosure si ned y Geor e 3M. Orlov.

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2 UNITED STATES OF AMERICA . ". '

NUCLEAR REGULATORY COMMISSION

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ATOMIC SAFETY AND LICENSING BOARD '85 EC -6 P3:?6

'y-Before Administrative Judges: g :j,j;.y Herbert Grossman, Chairman 3" . . , ,

Richard F. Cole SEii. OdC ,,19F.

A. Dixon Callihan -

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In the Matter of ) Docket Nos. 50-456

) 50-457

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COMMONWEALTH EDISON COMPANY )

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(Braidwood Station, )

(.- Unit Nos. 1 and 2) ) December 6, 1985

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PROTECTIVE ORDER

,e 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 protec-

/' tive order to " confidential information," meaning the k

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2-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 the to 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 their prospective witnesses to be identified by intervenors at a later date.

2.

Such confidential informa tion shall not be 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 pur-pose of preparing for and participating in this pro-ceeding.

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4. Confidential information shall be disclosed strictly on j

a "need to know" basis as required for participation by a party. in the proceeding. Each person (except as exempted by this paragraph) to whom confidential

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• information is to be disclosed shall execute the Affidavit of Nondisclosuke 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 .i s to be made.

Members of the NRC Staff who are (1) assigned to the Office of Executive Legal Director (ELD), or (2). are non-ELD officials acting as reviewers when receiving the information and having no contact with Applicant's employees, need not file affidavits. They shall, nevertheless, be bound by the other terms of this Protective Order and are otherwise prohibited from making unauthorized disclosures of protected informa-tion under 10 C.F.R. Part 0, Subpart C and NRC Manual Appendix 2101.

5.

Prior to the disclosure of confidential information to any person (other than disclosure by NRC personnel to other NRC personnel necessary to the review or regula-tory function), Applicant or the NRC Staf f 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

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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 (even if not required to sign the affidavit) who has reason to believe that documents including con-fidential information have been lost or misplaced or any person who has reason to believe that the terms and conditions of this Protective Order have been violated shall notify the Board.

i FOR THE ATOMIC SAFETY AND LICEllSillG BOARD

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Heroert Grossman, Chairman ADMitilSTRATIVE JUDGE

Dated this 6th day of December, 1985.

i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING BOARD Before Administrative Judges _:

Herbert Grossman, Chairman Richard F. Cole A. Dixon Callihan l

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I In the Matter of ) Docket Nos. 50-456 i ) 50-457 a )

COMMONWEALTH EDISON COMPANY )

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(Braidwood Sta tion, )

( Unit Nos. I and 2) )

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AFFIDAVIT OF NONDISCLOSURE

, I, _ beorp 11. O RLov' _

_, being duly sworn, state that I have read and understand the attached Protec-tive Order entered by the Atomic Safety and Licensing Board in the above-captioned proceeding. I acknowledge receipt of a copy of that Protective Order, and I agree to be bound by 4

, all of the terms and conditions of the Protective Order.

I further understand that employees of Applicant and L. its contractors at the Braidwood Station are protected by i 1

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law from any and all discrimination in the terms and condi-tions of their employment because of their participation in this licensing proceeding. Such participation includes cooperation with Intervenors or the presentations of testi-mony 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. $ 5851. 10 C.F.R. 6 50.7.

Signed and sworn to before me this y _

day o f _a,(A L Y 19%.

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Notary o My commission expires /O. D . _.

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