ML20211J661
| ML20211J661 | |
| Person / Time | |
|---|---|
| Site: | Braidwood  |
| Issue date: | 11/07/1986 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Atomic Safety and Licensing Board Panel |
| References | |
| CON-#486-1415 OL, NUDOCS 8611110211 | |
| Download: ML20211J661 (4) | |
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.4 UNITED STATES OF AMERICA NUCLEAR REGULATORY C0tWISS10N
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Comissioners:
- 86 EV -7 P3 :46 Lando W. Zech, Jr., Chairman Thomas M. Roberts
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James K. Asselstine
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Frederick M. Bernthal Kenneth M. Carr SERVED NOV -71986
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In the Matter of
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COMMONWEALTH EDISON COMPANY
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Docket Nos. 50-456-0L
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50-457-OL (Braidwood Station, Units No.1 and 2)
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PROTECTIVE ORDER By Order dated July 31, 1986, the Comission directed the Licensing Board in this proceeding to certify' to the Comission for decision the record relevant to a disagreement between the Board and the Comission's Office of Investigation over disclosure of certain investigatory materials. The Comission has concluded against disclosure of the materials being sought for adjudication. A full account of the Comission's reasons is contained in an h camera order dated November 7, 1986 ("the Order"). The Order is being issued to the Board and the Appeal Board in the proceeding, the Office of Investigations, and the NRC staff.
It will be issued also to any other party which notifies the Secretary of the Comission in writing that the party has received and read this 1
8611110211 861107 PDR ADOCK 05000456 G
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Protective 0; der and agrees to abide by its terms.1 The terms of this Protective Order are as follows.
1.
Only counsel of record for each party shall be permitted access to that copy of the Order which was served on the party.
2.
Except as provided in (6.) below, said counsel shall not disclose to any third person or entity, by copy, quotation, or
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paraphrase, any portion of the Order unless said counsel first applies to the Secretary of the Commission for pennission to make such disclosure.
Permission will be granted if the application establishes that the portions which counsel seeks to disclose would not-aid in identifying the person whose confidentiality the Order seeks to protect, and would not aid in determining the focus and scope of the work done by the Agency's Office of Investigations involving quality assurance at the Braidwood plant.
3.
Said counsel shall be permitted to take notes from the Order, but disclosure of said notes shall be subject to the same restrictions disclosure of the Ordet is subject to under this Protective Order.
IThe Commission will not construe such notice to imply that the party who sends it waives any right to judicial review.
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Said counsel shall use the Order or any notes from it only for the purpose of preparing for the remainder of t'his licensing proceeding or any further proceedings in this case.
5.
If, in the course of the remainder of this licensing proceeding, said counsel should find it necessary to use, in any written or oral presentation, any of the material subject to this Protective Order, said counsel shall make such presentation M camera, and the transcript, if there be one, of such presentation shall be sealed. Disclosure of the content of such presentation shall be subject to the sane restrictions to which disclosure of the Order is subject.
6.
If, during the preparation of any document covered by (5.)
above, it should become necessary for persons providing 4
secretarial, para-legal, or other support work to have access to the raterial covered by this Protective Order, the persons
.providing such support shall be fully informed of the provisions of this Protective Order and shall abide by them, and notice that such persons have agreed to abide i)y the terms of this Protective Order shall be signed by such persons and shall be submitted with the document they helped prepare.
7.
All papers filed in this proceeding which contain any of the material protected by (2.) above shall be served on only co~unsel of record, members of the adjudicatory panels in this proceeding, and the Secretary of the Commission. Such papers shall be served in an opaque envelope bearing the statement
" PRIVATE. TO BE OPENED BY ADDRESSEE ONLY."
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t 8.
At the conclusion of this licensing proceeding or any judicial proceedings in this case, the parties shall return to the Secretary of the Comission the Order and any filings with the Comission which contain material covered by this Protective Order, and they shall destroy all notes taken from the Order.
9.
Counsel of record or any other persons subject to this Protective Order who have reason to suspect that the terms of this Protective Order have been violated shall promptly notify the Comission of their suspicions and the reasons for them.
10.
This Protective Order will remain in effect unless it is superceded by further order of the Comission.
The Commission will enforce this Protective Order by appropriate measures. The Comission does not exclude the possibility that a party who refuses to abide by the terms of the Protective Order will be suspended from the proceeding.
See 10 C.F.R. 5 2.713.
It is so ORDERED.
FOR THE COMMISSION 0
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,Y Ow Q-6 SAMUEL Jr{HILK p +g g
' Secretary of t ie Comission Dated at Washington, D.C.
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day of November, 1986.
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