ML20207B619
| ML20207B619 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 07/14/1986 |
| From: | Jourdan C NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#386-993 OL, NUDOCS 8607180133 | |
| Download: ML20207B619 (6) | |
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July 14, 1986 00CMETED USNRC UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION agg dL 16 All:36 B'5 FORE THE ATOMIC SAFETY AND LICENSING BOARD UtH W GF ncgg y :y DOCKETI:iG & a94" BRA NC5!
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In the Matter of
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COMMONUEALTH EDISON COMPANY, Docket Nos. 50-456
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50-457 (Braidwood Nuclear Station,
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Units 1 and 2)
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OPPOSITION TO INTERVENORS' MCTION FOR DISCLOSURE OF RELEVANT DOCUMENTS FROM OI FILES Intervenors Rorem, et al., have requested disclo-sure of " relevant OI documents, to the extent appropriate under the Commission's Policy Statement Intervenors' Motion at 1.
The Nuclear Regulatory Commission's Office of Investigations (OI) opposes disclosure; however, in response to Intervenors' request, the OI offers the following facts about the OI investigation to supplement those provided to the Board in in camera briefinas for the Board to consider in evaluating whether disclosure is appropriate.
The OI investigation is ongoing and is still in its early stages.
All relevant documents must be withheld, therefore, "[t)o avoid compromising an ongoing investigation..."
See Commission's Policy Statement,
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49 Fed. Reg. 36032, 36033.
8607180133 860714 PDR ADOCK 05000456
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The investigation at issue has, indeed, been ongoing for nearly some time.
That is not to say, however, that the content of the investigation has somehow fallen into the public domain through the mere r.assage of time.
OI has finite investi-gatory resources which cannot be concentrated on any one facility.
The harm caused by release of this information, even pursuant to a protective order, would be immense.
The alleger (s) in this case has/have specifically requested that no disclosure whatsoever be made.
Moreover, the disclosure would surely dry up future sources of information.
Thus, the second reason stated by the Commission in its Policy Statement for not disclosing investigative material
. to protect confidential sources."
- also is applicable in this case.
See Commis-sion's Policy Statement,49 Fed. Reg. 36032, 36033.
Intervenors suggest that all documents should be disclosed, because it is no longer necessary to protect a particular individual's confidentiality, since "[h]is identity.
is known to Intervenors."
There are several flaws in this argument.
- First, the NRC did not disclose this individual's identity.
- Second, Intervenors' implicit suggestion that this individual (1) is an alleger in this investigation, and (2) is the only alleger mentioned in the withheld documents is pure speculation.
Third, even if this individual is an alleger in this investi-gation, he may have discussed other matters with OI that are not apparent from Intervenors' Attachment A.
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l Any other suggestions made by Intervenors support-ing the propriety of disclosure are also overcome by OI's good-faith assertion that disclosure of the requested 4
documents would harm an ongoing investigation.
ficreover, this Board has received the in camera briefings as contemplated in the Policy Statement and is 4
therefore in a pcsition to make an informed ruling on this motion.
Respectfully submitted,
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Caman JsurcLcon CAROLYN JOURDAN Attorney Office of the General Counsel l
Dated at Washington, D.C.
this 14th day of July, 1986 l
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lYNh'c ED M 'M UNITED STATES NUCLEAR REGULATORY COMMISSION c g"gf').iAni 00CK T BEFORE THE AT0fiIC SAFETY AIID LICENSING B0 Mr.
In the flatter of
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COMMONWEALTH EDISON COMPANY
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Docket Nos. 50-456 0L
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50-457 (Braidwood Nuclear Power
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Station, Units 1 and 2)
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NOTICE OF APPEARANCE
?>otice is hereby given that the undersigned attorney herewith enters an appearance in the above-captioned matter.
In accordance with 10 CFR $ 2.713(b) the following informa-tion is provided:
f;ame Carolyn Jourdan U.S. Nuclear Regulatory Commission Address Office of the General Counsel Washington, D.C.
20555 Area Code (202) 634-1493 Telephone fe.
Admission State of Tennessee; State of Florida; U.S. Court of Appeals for the D.C. Circuit; U.S. Court of Appeals for the Ninth Circuit NRC-(01)
Name of Party U.S. Nuclear Regulatory Commission Washington, D.C.
20555 b rO OJT CAROLYN J0'JRDAN Counsel for NRC (01)
Dated at Washington, D.C.
this 14th day of July, 1986
0?ptree
-sunc UNITED STATES OF AMERICA M M Jg gI,.37 NUCLEAR REGULATORY COMMISSION BEFORE THE ATOMIC SAFETY AND LICENSING Bbk[gp;iany BRANCk In the Matter of
)
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COMMONWEALTH EDISON COMPANY
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Docket Nos. 50-456
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50-457 (Braidwood Station, Units I and 2
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CERTIFICATE OF SERVICE I hereby certify that copics of " OPPOSITION TO INTERVENORS' MOTION FOR DISCLOSURE OF RELEVANT DOCUMENTS FROM 01 FILES" and " NOTICE OF APPEARANCE" for Carolyn Jourdan in the above-captioned proceeding have been served on the following by deposit in the United States mail, first class, or as indicated by an asterisk, through deposit in the Nuclear Regulatory Commission's internal mail system, this 14th day of July,1986:
Herbert Grossman, Esq., Chairman
- Commonwealth Edison Company Administrative Judge ATTN:
Cordell Reed Atomic Safety and Licensing Board Assistant Vice President U.S. Nuclear Regulatory Commission P.O. Box 767 Washington, DC 20555 Chicago, IL 60690 Dr. A. Dixon Callihan Region III Administrative Judge U.S. Nuclear Regulatory Commission 102 Oak Lane Office of Inspection & Enforcement Oak Ridge, TN 37830 799 Roosevelt Road Glen Ellyn, IL 60137 Dr. Richard F. Cole Joseph Gallo, Esq.
Administrative Judge Isham, Lincoln & Beale Atomic Safety and Licensing Board Suite 1100 U.S. Nuclear Regulatory Commission 1150 Connecticut Avenue, N.W.
Washington, DC 20555 Washington, DC 20036 l
Michael I. Miller, Esq.
Elena Z. Kezelis, Esq.
Isham, Lincoln & Beale Three First National Plaza Suite 5200 Chicago, IL 60C02 l
o
/ Douglass W. Cassel, Jr., Esq.
Atomic Safety and Licensing Board Timothy Wright, Esq.
Panel
- Robert Guild, Esq.
U.S. Nuclear Regulatory Commission 109 North Dearborn Street Washington, DC 20555 Suite 1300 Chicago, IL 60602 Atomic Safety and Licensing Appeal Erie Jones, Director Board Panel
- Illinois Emergency Services U.S. Nuclear Regulatory Commission and Disaster Agency Washington, DC 20555 110 East Adams Springfield, IL 62705 Docketing and Service Section*
Office of the Secretary Lorraine Creek U.S. Nuclear Regulatory Commission Route 1, Box 182 Washington, DC 20555 Manteno, IL 60950 Ms. Bridget Little Rorem II. Joseph Flynn, Esq.
117 North Linden Street Associate General Counsel Essex, IL 60935 FEMA 500 C Street, S.W., Suite 480 George L. Edgar, Esq.
Washington, DC 20472 Newman & Holtzinger, P.C.
1615 L Street, N.W.
Suite 1000 Washington, DC 20036 8tf4/
Stuart A. Treby Deputy Assistant Gen 1 Counsel i